Issue date: 10/23/08 Section: News

Media Credit: Jonathan Kleppinger Some campus organizations participate in tailgating by providing students alternative activities to drinking.

Tailgating is a fall tradition-dressing in school colors, cooking brats on the grill, and enjoying the atmosphere. For some, tailgating also includes another element: alcohol.

While some may think of pre-game traditions and drunkenness as nearly synonymous, there is often a fine line between having too much fun on campus and being too popular on your cellblock.

Last year, four students were charged with public intoxication during the Homecoming tailgate. At the Western game earlier this semester, police made 16 public intoxication arrests. Some students are questioning how you can get arrested for drinking at an event that explicitly permits drinking.

"Getting [arrested for] public intoxication when you're tailgating is like getting a ticket for being wet when you're in a lake," said Kelsey Schultz, a business major from Madison, Wis. "What's next, handing out tickets at the bar when you order your drink?"

Students have complained for ages that a public intoxication charge can seem to be completely arbitrary. So what is public intoxication, and how can you make sure to stay out of the slammer?

The specific state law is brief and to the point: "A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity."

It seems straightforward, but who decides when that line of endangerment has been crossed?

"It's a judgment call on the part of the officer," said Willard Reardon, a sergeant with the Richmond Police Department. Reardon acknowledged that the arresting officer had significant discretion. He said obvious signs of intoxication, like slow speech and staggering, could be used to determine how drunk an individual is and whether that person is a danger.

"The officer's job is to make sure of their own safety and the safety of others," Reardon said.

Eastern police chief Mark Merriman said sometimes when police identify behavior that is inappropriate, alarming or dangerous they will request that students stop. If students do no comply with an officer's request, then there could be an arrest.

Continued...

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