Fearing the Protector

The village of Brown Deer is currently considering a demerit system for taverns in an effort to make it easier to suspend licenses or shut them down entirely. This results from one tavern in particular, M&G's Bar & Grill, being the subject of various complaints "ranging from underage drinking to fights." Proponents of the plan believe the existing process requires too much time and expense and the new plan would both clarify and expedite handling problem taverns.

On some level I agree with this proposal. All too often it seems local municipalities have far too great a power over businesses and residents alike, frequently supported by a very subjective decision making process. A standardized scoring system, or as in this case, demerit system, could potentially bring a level of "fairness" that overcomes the whims of local politicians. And when a bar has the tendency to attract an unsavory crowd, its neighbors should have the ability to demand that it shape up or ship out.

However, bars are no more omnipotent than any other business. Granted, they serve alcohol, and everyone knows alcohol reduces inhibitions and potentially leads to irresponsible behavior. A bar has the ability to deny service to anyone. At the same time, though, the bar cannot anticipate how every single customer will react to the alcohol he or she consumes. Nor are the employees of a bar able to determine with 100% accuracy just how intoxicated a patron may be. Certainly, if the bar serves an individual twelve drinks, they can assume the person is intoxicated. But a good deal of people are able to be legally intoxicated yet show little to no sign of being so. If a person were to consume several drinks before arriving at the bar but demonstrate no signs of being drunk, how is the bar to know that one more drink may cross that line of overserving the customer.

This is just the case opponents to the new plan make. One bar owner, with over 30 years experience, says he may not know if he's serving a drink to someone already intoxicated. This is a 75 point demerit in a system where 175 points could result in license suspension. A 150 point demerit is issued if actions at a bar result in bodily harm to anyone on the property. As even the Village President states, "One good fight at a bar could add up points quickly."

What ultimately makes this a bad idea is that the owner of Brown Deer Lanes (I learned to bowl there) claims she will be reluctant to contact police if there is a problem for fear of getting demerit points. Anytime something enacted by government makes law-biding citizens fearful of contacting law enforcement, those responsible for making such decisions must seriously consider the ramifications of the course they take.

The article linked above was from December 8th, and indicates that bar owners planned on turning out "en masse" to make their objections heard that night. If anyone knows of the outcome of the village meeting, please leave comments with additional information.