Minor Alcohol Preclusion Ordinance Not Yet Approved by Council

Update: The City Council voted Tuesday night to send the Minor Alcohol Preclusion Ordinance back to the Student Liaison Commission for 90 days of further review. The ASUCD has already taken a stance against the ordinance, citing growing distrust of police among UC Davis students and potential rights violations with the ordinance. 

For the ordinance to be in effect on Picnic Day, it must go through 30 days before the event, which is on April 21. 

Original Story: Citing a rise in the culture of drinking, the Davis City Council will soon decide whether to adopt the Minor Alcohol Preclusion Ordinance, which is largely aimed at quelling the largely alcohol-induced chaos of .

Some have called the ordinance an infringement on the rights of minors – students in particular. The ASUCD came out in strong opposition to the proposed ordinance, which would allow officers to stop any minor that they believe has alcohol in his/her system.

Currently, there is a law that says a minor can’t possess alcohol (Minor in Possession) as well as a law that says he/she can’t be drunk in public (Public Intoxication).

The ordinance is expected to come before the council on March 6, but that could change, according to City Clerk Zoe Mirabile. The ordinance would need to pass at least 30 days before Picnic Day (which is April 21) to go into effect for that day. Two open community forums are being held on .

I spoke about the ordinance with City Police Lt. Paul Doroshov this week:

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Is the drinking situation in Davis worsening, or is this ordinance aimed purely at Picnic Day?

It isn’t only for Picnic Day, but it will be a useful tool on Picnic Day, much like the open container ordinance. We’re not looking at it as a magic bullet to address drinking; it’s just another tool in the toolshed. 

How would the ordinance work?

Just like any other law, the officer would have to articulate why they stopped the person, why they suspected there was some kind of crime taking place. Beyond that, they’d have to articulate why they suspect alcohol was involved. Like any other infraction, enforcement is given to the officer’s discretion.

If a person contested, it would be heard in traffic court. The important part is that the final say so is with the judge. The officer just makes an allegation. The judge decides in the end.

How much do you bolster police presence on Picnic Day?

We have a lot of mutual aid help: CHP, Woodland, Yolo Sheriff’s Department, ABC, Calif. Department of Fish and Game. Even with all of those extra hands, at times we get very busy.

The issue Picnic Day presents it that the earlier they start drinking, the more cumulative the effects become. By the end [many people] are heavily intoxicated.

How do you go about policing such a large, long event?

In the past it was more of a typical police approach (responding to calls). A couple of years ago we started taking a comprehensive approach. We’re trying to get education out there about safe partying habits, responsible use of alcohol, etc. We’re trying to prevent tragic accidents from happening.

We’ve found that if we’re more aggressive with minor violations, we can keep more serious violations from happening later in the night. It lets the person know that illegal behavior won’t be tolerated. We jump on the small things and hope the big things won’t happen.

The ASUCD came out against the ordinance. How would you respond to people who say it’s an infringement on minors’ rights? 

Nothing here loosens up the Constitution and says we can go out and start stopping everybody. An officer still has to articulate and satisfy the same burdens of why we’re detaining somebody, just like we do with any other law. Right now it’s illegal to possess alcohol. It’s also illegal to be hammered in public. This covers the in-between part. (Minor with alcohol in their system).

What would the penalty be? 

It’s a minor city code violation; not a misdemeanor like those other laws (Public Intoxication and Minor in Possession). We’re not trying to throw the book at people. If you’re under 21, you don’t have the right to drink alcohol, if you want to get technical. 

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This is part of an ongoing series around alcohol consumption among young people in Davis. Like Davis Patch on Facebook or get our daily newsletter for follow our coverage.