RS ordinance allowing consumption and carrying of alcohol on public streets fails final reading

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Emma Marsing, [email protected]

ROCK SPRINGS, WYOMING — During the previous Rock Springs City Council meeting, the final reading of the Ordinance 2023-03 “Offenses Concerning Public Morals and Decencies,” to allow consumption and carrying of alcoholic beverages upon City streets, sidewalks, alleys, and parking lots during summer months failed with a tied vote of 4-4.

With an initial pass by Councilor Bettolo and a second by Councilor Robinson, Councilor Zotti proposed an amendment as he stated, “When we look at it as a whole, and what we are facing as a community, and the issues with alcohol I really find it hard to support this ordinance at this time”. Zotti explained that if the amendment did pass through, he would like to see a sunset period added. Per discussion with the rest of the council, it was decided a 2-year sunset would be added in the new amendment, guaranteeing that two years of data would be collected to see the impact on the community both positive and negative.

The amended ordinance went through unanimously by the Council. Mayor Mickelson followed up with the amended ordinance by explaining that he feels they have moved fast before going slow and have not looked at all the impacts this ordinance carries. Many Councilmen explained various methods they could use to resolve some issues such as, community members bringing in their own drinks, alcohol-related crimes, etc.

Rock Springs Police Chief, Bill Erspaumer released the following statement and information to the city council:

“The changes to this ordinance will allow anyone to drink anywhere in public from June through September from 10 am – 10 pm.  If a person would like permission to drink in public outside those hours, they would need to meet the stated conditions. 
I feel I would be remiss in my duty if I did not share my concerns about the ordinance change.  According to the Wyoming Association of Sheriffs and Chiefs of Police Alcohol and Crime in Wyoming Report, alcohol is a factor in 56.7% of all arrests in Wyoming. In Sweetwater County, alcohol is a factor in nearly 66% of all arrests, 10% higher than the state average.

To break that down a little further, in Sweetwater County alcohol is a factor in 70% of all misdemeanor arrests, 80% of all arrests involving resistance or interference with peace officers, 89% of domestic violence arrests, and 66% of all assaults.  The report states, “Incidents of assaults, disturbances, child abuse, and domestic violence all are heavily influenced by alcohol.  For the third consecutive year, the percentage of alcohol-involved arrests increased from each previous year (40.52% in 2018 to 48.41% in 2019, to 52.22% in 2020, to 56.76% in 2021)”. I’m concerned that loosening restrictions will only increase police workload.

 
One argument for the ordinance change was that problem drinkers will be an issue for law enforcement whether they drink in public or private.  This may be true, but encouraging public consumption, and expecting law enforcement to enforce public intoxication creates a paradox for law enforcement.  Every time an arrest is made, the likelihood of force used increases.  We know that 80% of those arrested for resisting or interference have been drinking, so by encouraging public drinking, we are increasing the likelihood of needing to use force to make an arrest.  The police department has been making strides in reducing the use of force to make an arrest. In fact, today the RSPD uses force in .3% of law enforcement contacts.  This ordinance change could cause us to take a step backward.  In addition, changes in procedures have drastically reduced the number of public intoxication arrests we make in Rock Springs.  With an average BAC of.2374, a typical public intoxication arrest now takes an officer off the street for several hours.  What used to be a quick preventative tool for law enforcement, now causes a manpower strain on our already low staffing numbers.        
In addition to overconsumption, we already see vandalism, littering, and property destruction to businesses along walking routes between downtown bars.  I believe that allowing glass bottles, cans, and alcohol consumption along these routes will increase the damage these businesses are already seeing.  

Lastly, most alcohol servers in Rock Springs are TIPS trained.  They are taught to recognize signs of overconsumption and reduce or eliminate alcohol service. Why pay bar prices when you can consume your own alcohol in the parking lot without regulation? Allowing people to consume their own alcohol in public will circumvent established procedures used to slow consumption.  The Sweetwater County Fair is a great example of this. From 2010 – 2014 we averaged 31 arrests per week at the fair.  Measures were taken to slow consumption and our arrest numbers started to decline.  Over the last three years, we’ve averaged less than one arrest per night at the fair.     

Teen alcohol use kills 4,300 people each year – that’s more than all illegal drugs combined. If open containers are allowed on the streets, we’re concerned that this could increase underage access to alcohol. We hope that the City of Rock Springs will create a prevention and enforcement plan to prevent an increase in underage drinking.  Last but not least, many law enforcement agencies are already short of staff and resources. This change could add a burden to Rock Springs Police Department. If the proposed ordinance is adopted, we hope that the City Council will also support the department in its efforts to keep the citizens of Rock Springs safe.
As always, the police department is here to serve.  We will provide the best possible service regardless of the outcome but is important to me that the governing body have all the necessary information to make an informed decision.”

After much discussion by the City Council, the final vote was 4-4, resulting in failure due to a tie. Councilor Allen was not in attendance to vote which made the council eight members that night instead of nine.