Adam Weinstein of Mother Jones unearths the racist and homophobic uses of Texas’s public intoxication law which permits the arrest of anyone for public intoxication, even in a restaurant or bar:
Since 2006, when Texas overtook California as the state with the most drunk-driving fatalities, cops and a beefed-up task force from the state Alcoholic Beverage Commission have used a 1993 law as a pretext to enter any bar and arrest its patrons on the spot. The public intoxication standard, backed by the Texas-based Mothers Against Drunk Driving, is so broad that you can be arrested on just a police officer’s hunch, without being given a Breathalyzer or field sobriety test.
Despite the law’s aim against drunk driving, Weinstein and others point out that it is mostly used as an outlet for racism and homophobia, or to quickly fulfill arrest quotas. While I am VERY against drunk driving, the logic behind this “anti-drunk driving law” is absurd; drunk driving is illegal and police don’t need any other law to legitimate the arrest of a drunk driver. Weinstein quotes Dallas defense attorney Robert Guest who says that “Having no standard allows the police to arrest whoever pisses them off and call it PI,…If you have a violent, homophobic, or just an asshole of a cop and you give him the arbitrary power to arrest anyone for PI, you can expect violent, homophobic, and asshole-ic behavior.”
My husband and I are going to his little brother’s bar mitzvah in Houston in August. I will drink my champagne in a semi-sober awareness of what a privilege it is to not be arrested.