by Kim Crosser on Fri Oct 24, 2008 4:29 pm
The following sentiments are mine only and are not intended to be a statement of the Board's position.
I have been somewhat concerned about drinking after AX events for some time - but not enough to stop me from having a beer - so far... OregonDuckMan has finally prodded me enough to spend some time thinking about this issue.
There are a number of factors to be considered, and these go well beyond "personal freedom".
1. "We have always done it..." Hmm... not exactly true. Check with John Straub (Archivist), but I believe this is actually a relatively recent phenomenon - at least where the Club actively budgets for beer and wine at the events. Back in Club pre-history, post-AX beverages were brought by the individual participants. Then, extra beer from overnight/away events started being stored in the trailer and shared with people at the next Q event. Eventually, it became what it is today, where beer/wine is actively stocked for events.
2. Setting an example for kids. I am not that worried about setting an example - examples should be set by their parents. However, who exactly is ensuring that everyone having a beer (or three) is over 21? What happens if a 20-year old driver has a drink after an AX and is then busted (for anything)? There is some nasty liability and case law about "making alcohol available" to minors, which gets a lot worse if they then get behind a steering wheel. Minors are subject to a 0.01% BAC limit, which is basically any amount of alcohol.
3. Club funding for beverages. Should the Club really budget a noticeable percent of each event's costs for beer and wine to be handed out afterwards? Is that an appropriate use of Club funds?
4. Compliance with local laws. I bet most people are not aware that glass containers (for anything - not just beer) are explicitly prohibited by the San Diego Municipal Code in the Q parking lots (SDMC 59.0502). At the very least, we should only have (gasp!) canned beer (and boxed wine? shudder!).
5. (Paranoia alert!) If anything should happen to someone leaving after having even one drink, there are any number of possible negative consequences for the Club - "deep pockets" lawsuits, possible loss of PCA insurance for track events, possible loss of use of the Stadium venue, individual liability suits against Club officers/directors and event managers, [add your nightmare here]... On the positive side, California case law generally protects the "host" from the actions of a drinking "guest" (unless the "guest" is under 21 - see item 2 above). However, that mostly applies to private parties thrown by individuals - it gets fuzzier in organized activities sponsored by a Corporation (like us). While we would probably prevail in any such action, it could be expensive, time-consuming, and painful to go through. And if the driver is under 21, it can get real ugly real fast.
Sooo... What exactly would be wrong with returning to a BYOB (or BYO Can, anyway) approach? If some want to bring extras to share, I don't see a problem there, but I am seriously questioning whether PCA San Diego Region should be purchasing and providing alcoholic beverages as a part of a driving event.
Is having a "free" beer after the event that big a deal? Is bringing your own that big a nuisance/expense?
Respectfully,
Kim (why write a short story when you can write a novel) Crosser
p.s. I am very interested in responses to the above points, corrections to any misstatements I may have made, etc. However, arguments about "personal freedoms", "gun rights", etc., are beside the point. I am not against drinking after an AX per se. I just question whether the Club should be providing the drinks. Also, complaints about the DUI laws and lawyers are inappropriate responses - both are what they are, and we just have to live with them. You have my permission to try to get the laws changed, dis-bar some lawyers, or do anything else useful in that area.
p.p.s. Some DUI factoids for the curious:
A Blood Alcohol Concentration (BAC) of 0.08% or greater is an automatic "guilty" of Misdemeanor DUI, even if you have done nothing else wrong. If you are in an accident, even one not your fault, and you have a BAC of 0.08%, you are already guilty - if there is serious damage or injury involved (again, even if not your fault), you are looking at being guilty of a Felony. If you get pulled over for anything and blow a 0.08% or higher, then you are going to jail - period.
"So - if I am under 0.08%, I am ok, right?" Sorry - if you are cited/arrested for any infraction/crime while in a vehicle, you must be under 0.05% to be automatically determined to be not guilty of DUI. If you are 0.05% or higher, you are not "automatically" guilty (as with 0.08%), but now you are in an area where - despite the wording in the statutes - you are presumed guilty until proven innocent. Ask any DUI attorney or prosecutor.
"But I only had one drink (well, maybe two)!" The average woman at 138 pounds will hit 0.05% with two "standard" beers in one hour. Anyone at 100 pounds can hit 0.07% with two drinks. This assumes a "standard" alcohol content of 0.54 ounces of alcohol per 12 oz drink, or 4.5% alcohol by volume. But - most commercial beers now are 5.0%, Heineken is 5.4%, Sierra Pale Ale is 5.7%, Stone IPA is 6.9%, and Stone's Double Bastard Ale is 10%. Two Stone IPAs contain more alcohol than THREE "standard" beers - if you drank 2 Stone IPAs in the short time that the beers are usually out (see start of thread!), then depending on your gender and weight you could be well over 0.05 and edging into 0.08 territory. Also, drinking more rapidly than 1-2 drinks per hour ("Quick, they're packing up the beer!") will usually increase the BAC further.
If anyone actually powers down three beers (or three glasses of wine) after an AX, that person is almost certainly guilty of at least Misdemeanor DUI if they get behind the steering wheel. (Note - this doesn't mean that they are "driving drunk" - DUI is exactly what it says: "driving under the influence". You may be able to drink 3 beers, then go out and demonstrate coordination and response skills better than the Chinese Olympic gymnastics team - but once you have a measurable BAC, you are "driving under the influence".)
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