Open Container Ban on the Boardwalk Overturned

The Star-bellied sneetch is not superior to the non-starbellied sneetch...all sneetches are equal

The Escambia Board of County Commissioners has voted, by a 3-2 margin, to let the open container ban at the Pensacola Beach Boardwalk sunset.

This will effectively end the prohibition on walking around the boardwalk with open containers of alcoholic beverages.  But in reality, I do not believe much (with the exception of the signage) will change.  To those with whom I have spoken and who frequent the boardwalk and who are very familiar with the issue--the problem is a lack of enforcement.

"They are not enforcing the current rule, so what good is this rule if it is not being enforced?" asked one individual with whom I recently communicated on this topic.

These drinks were purchased at one licensed premise, then carried
out of that licensed premise out on to the boardwalk-in direct
violation of our existing ordinance

"Just look at the pictures--these kids walked illegally from Bamboo Willies to sit at those seats outside of another account."  (see pictures on the right and below) When reacting to accounts of a 10-minute fight posted online from the boardwalk---this same source asked a really straightforward, rational question...



"Where were the deputies during the 10-minute fight?!?"

For my part, I was willing to give it a year, and that is why I compromised last year and voted to go forward with the ban for 2017 and then to evaluate data this year.  I did not and I do not want to punish the hard working, blue-collar worker who makes $400 a week, wants to unwind at the seashell, and can't afford a $100 bar tab--but who still wants to go where the action is and enjoy a couple of beers on the boardwalk.  Why should I punish him?  Answer, I won't.  And I also won't banish him to some dark and empty corner of the sandy beach like he's somehow inferior to those that can afford high-dollar cocktails at the boardwalk clubs--like a modern-day version of "The Sneetches."  So I voted last year the way I did to compromise, ahead of the year's data which I have now analyzed.....

The data is in:  Alcohol sales are stable, slightly increasing;  Crime--year over year many infractions have gone way up. So the ban had no effect on crime on the boardwalk.

Therefore, the board voted to end the ban.

I was provided this picture from a recent Friday evening, of folks strolling on the boardwalk, outside of licensed premises carrying open containers of alcoholic beverages in violation of our existing ordinance--and state beverage law!

I think going forward we need more security at the boardwalk, more enforcement of existing beverage law (no moving from licensed premise to licensed premise with mixed drinks, no selling

 mixed drinks for off-premise consumption or selling mixed drinks off the licensed premise [e.g. cocktail waitresses selling mixed cocktails on mom's beach from the boardwalk], and if there are

Alcohol Ordinance at Pensacola Beach....

I was a guest this morning on Quinlan and Nolan radio show on AM790 WPNN.

The singular topic of discussion was the open-container alcohol ordinance at Pensacola Beach.

Last year's discussion was contentious, and this year I had hoped that a decision on continuing or sunsetting the ordinance would be made on objective, rather than subjective data.

A survey was going to be taken, but last week the board decided to scuttle that idea--in large part based upon the questions and more specifically because the proposed survey questions appeared to be leading questions that would potentially bias the survey.

We discussed this in detail, you can hear the interview here.

What Does a Careful Examination of the Beach Crime Data Analysis Reveal?

The crime that is spiking most significantly since this alcohol-ban has been enacted at Quietwater beach boardwalk is also the most dangerous crime, the one most likely--statistically--to lead to a citizen fatality.......

Looking at the data gleaned from crime reports for a one-year period since the open container ban at Quietwater beach boardwalk was enacted last year does not provide evidence that this ordinance "lowered crime." 

 Disturbingly--when the average number of crimes in each category of infraction from the three years prior to the alcohol ban is averaged, and then compared to one year's data post-alcohol ban--the average crime category increases outpaced the decreases by more than 30% points!

Some categories of crimes are down if a 1-year snapshot is taken--but many are way up. Seeing an additional 66 DUI incidents unfold since the open container ban was enacted is much more alarming to me than seeing "AFFRAY-RIOT" incidents decrease from an average of 3.6 per year down to 1.  That change is insignificant, in my estimation, when compared to the dramatic increases in the DUIs at the beach since we banned open-carry on the boardwalk.

The most dangerous crime, the one that leads to one-third of the nation's traffic deaths yearly (10,000 on average nationwide) ---DUI--- has SPIKED since the enactment of this ordinance:
--up 132% beach-wide post-open container ban! (average 50 incidents per year, 2013-2015, jumped to 116 incidents in 2016 post alcohol ban)
--up  75%  at Quietwater beach alone!

This number alone is very disturbing to me because I have three kids that drive.  They are young. They go to the beach frequently.  I know that God forbid something tragic happens to them (or any young driver in our community)--more than likely it would be a traffic collision, and nationwide a third of these are alcohol related.

The crime that is spiking most significantly since this ban has been enacted is also the most dangerous crime, the one most likely--statistically--to lead to a citizen fatality! 

Why are DUI's spiking?  Why are Batteries up 21%, why are Batteries against LEOs up 34%, why are family disturbances up 81%, why are non-family disturbances up, why are miscellaneous crimes up 180% and DUI's up 132%--all of these beach-wide since our open container ban at Quietwater beach was enacted?  Why?

I know why. 

When we severely curtail a certain activity in one area, it spreads to other areas. When you take the service and monitoring of alcoholic beverage service to the public out of supervised areas where operators have strict rules on service and liability--increases in some bad behaviors will happen!   When you squeeze a balloon full of water on one side, it explodes on the other.

This isn't just an opinion;  I have worked in the food and beverage industry for 25 years, I've bartended for 18 years, worked in nightclubs, and I have owned four sports bars and a restaurant.  I

More Beach Crime Data

After receiving additional crime data specific to Quietwater beach and then separate criminal information about the Pensacola Beach "commercial core" area as a whole, I was able to conduct a more detailed analysis of what the statistics look like graphically over time. 

The data provided by the sheriff's office is limited to a four year look, with the first three years (2013-2015) being three years' worth of data that was compiled prior to enactment of the open container ban at Quietwater beach. 

The 2016 data is for the period after the alcohol ban on the boardwalk was enacted. 

As I stated in previous blog posts on this matter--I'm not a fan of limiting citizens' rights, particularly on a county-owned specialty center that upon which, under Florida statutes, open containers of alcohol are allowed and subject to regulation by the county. 

As I have stated at the meetings and also on blog posts, I need to see compelling data that supports continuing this prohibition before I will support extending this ordinance.  Otherwise, in my estimation, it should sunset and efforts should be concentrated on enforcing existing ordinances and punishing those who violate law--instead of throwing a huge wet-blanket ordinance over EVERY citizen (the vast majority of whom obey the law) by prohibiting open containers on our specialty center, the Quietwater beach boardwalk.

Our neighbor to the East, Destin, has a specialty center that permits open containers.  The South Harbor Festive Marketplace is a HUGE success over in Destin.  How is it that they can manage their specialty center and allow open containers while maintaining a friendly atmosphere---but we can't?

Regardless, that question is a rhetorical one.  The data, which is what should matter, does not point to this ordinance as the panacea that is lowering crime.  Several important categories have shown huge percentage increases since enactment of the open container ordinance.  Notably--DUIs are up 132% beach-wide and 75% at Quietwater beach alone since enactment of this ordinance.  Battery and Disturbance (family and non-family) infractions are way up as well since this ordinance was enacted.  Careful consideration must be given the important decision that is coming up on this matter, as we should not rush to continue this prohibition if this exacerbates the instances of criminal activity on the beach...

The data that I have illuminated in figures 1 and 2 below, created by averaging the infractions in the three-year, pre-open container ordinance and comparing this average in every crime category to the 2016 data (post ordinance) numbers and then calculating the change in each category--shows some alarming trends.....

Figure 1: a four year analysis of crime statistics from the Pensacola Beach commercial core  (data provided by Escambia Sheriff's Office)



Figure 2: a four year analysis of crime statistics from Escambia County's Quietwater Beach specialty center (data provided by Escambia Sheriff's Office)

What Does an Analysis of the Crime Statistics from the Beach Show?

In the wake of the implementation of an open-container ordinance at Pensacola Beach's Quietwater Beach Boardwalk,
Miscellaneous crimes have increased 250%, Obstructing Justice incidents have doubled, and very dangerous DUI infractions are up 73% since open containers of alcohol were banned on the boardwalk.

Since the enactment of an open container prohibition on Pensacola's boardwalk, several crime categories have spiked at Quietwater beach:  Alcohol offenses except DUI are up 85%, Substance abuse complaints are up 200%, and retail petit theft complaints are up 167%

As we are lobbied to keep the current ordinance in effect, we are told that crime at the beach is way down.  I asked for and received the statistics and I've been able to analyze the data that was provided.

Since the open container ban on the boardwalk was enacted, some crimes are down--but here is the key...Many crimes are up in the wake of the change, most notably the number of DUI arrests are way up.

So, just as I assumed, the data on the crime shows a mixed bag, with some infractions going down, and some going up. 

This fact, combined with the fact that a one year look does not a trend establish, leads me to believe that we need to concentrate on enforcement, let the ordinance sunset, and keep our focus on punishing transgressors not punishing everyone for the misdeeds of a small minority of folks who act up in public.

Jelly Doughnut Discipline, Redux: Open Containers of Alcohol on Quietwater Beach Boardwalk

Punishing the innocent many for the actions of the guilty one or few = Jelly Doughnut Discipline

Eight years ago I dealt with Jelly Doughnut Discipline serving as a School Board Member.  What is Jelly Doughnut Discipline?  It is a political maneuver, typically for convenience, expediency, or to appease a certain constituency characterized by the punishing of many for the sins of the few or the one.  Myself and some others have coined this term from a scene in the 1987 war movie "Full Metal Jacket."  In that scene, Private Pyle brings a Jelly Doughnut from the Mess Hall into the Barracks in violation of the rules.  Instead of punishing the transgressor, Private Pyle,  Sgt. Hartman allows Pyle to eat the doughnut while the rest of the squad "pays the price" by doing push ups.  Instead of punishing the one, Hartman punishes the many.  Jelly Doughnut Discipline.

Now in my new life as a County Commissioner here in Escambia County, I see the concept of Jelly Doughnut Discipline reappearing.  Specifically, the ordinance limiting open container consumption of alcohol on the County's Pensacola Beach Boardwalk which was supposed to sunset in June is being considered for renewal.  We are told that because of some rambunctious often criminal behavior by some folks that utilize this facility---everyone will be punished by not being able to enjoy an adult beverage here anymore.  My understanding:  the ordinance enacted last year was to be temporary.  Data would be analyzed before making the measure permanent.  Up until the meeting yesterday--I still hadn't received data--only anecdotal presentations from the hoteliers representatives and law enforcement.

A couple of facts:  The Quietwater Beach Boardwalk is a specialty center owned by Escambia