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Some time this morning, we should have the full copy of the Texas Alcoholic Beverage Commission’s so-called “use of force” report concerning the raid on the Rainbow Lounge in late June. Till then, TABC spokesperson Carolyn Beck offers this morning a lengthy summary, in which TABC Agent Chris Aller — who’d been to the bar two night before, spotted two men in “dressed only in thong-like underwear or bikini bottoms sitting on some picnic tables” and thought just maybe they were involved in “drug activity or lewd conduct” — is cleared of singling out the Rainbow Lounge for being a gay bar. Says the summary, which also clears TABC Agent Trainee Jason Chapman, “The allegation that the Rainbow Lounge was targeted for being a gay bar was unfounded.” Aller — who’s seen in that now-infamous photo standing over patron Chad Gibson, who was hospitalized for a week after the raid with a skull fracture — was also cleared of using excessive force, as was Chapman
Yet TABC Administrator Alan Steen says the two men, fired in August along with Sgt. Terry Parsons, will remain fired, despite the report’s findings: “Although the evidence did not show that
our agents targeted the bar or used excessive force, it does not take
away from the fact that the agents violated several policies that
night. I want to take another opportunity to say that this is not how
we treat people, and we have been looking at this from every angle to
find ways to make sure it does not happen again.”
After the jump, a laundry list of changes made within TABC to address the issues raised by the fallout from the Rainbow Lounge raid; as soon as we receive the full report, we’ll post accordingly. Fort Worth police are also releasing their own internal-affairs report this morning, in which the department says its officers likewise did not use excessive force and won’t be fired.
TABC Rainbow Lounge Use of Force Report Complete – Agency Announces Further Operational Changes
The Texas Alcoholic Beverage Commission (TABC) has completed the use of
force report related to the incident at the Fort Worth Rainbow Lounge
occurring on June 28, 2009. The 74-page report takes into account
statements by eyewitnesses, expert witnesses, TABC employees, and Fort
Worth police officers.The TABC internal affairs investigation report included two allegations which were both unfounded:
1. Agents Chris Aller and Jason Chapman were accused of participating
in a bar check operation with Fort Worth police officers on June 28,
2009, which targeted the Rainbow Lounge specifically because of the
bar’s gay and lesbian customer base. The allegation that the Rainbow
Lounge was targeted for being a gay bar was unfounded.2. Agents Aller and Chapman were accused of using force beyond what was
necessary and reasonable during their contact with Jose Macias, George
Armstrong and Chad Gibson when they were placed under arrest at the
Rainbow Lounge. The allegation of excessive force was unfounded.Administrator Alan Steen said, “Although the evidence did not show that
our agents targeted the bar or used excessive force, it does not take
away from the fact that the agents violated several policies that
night. I want to take another opportunity to say that this is not how
we treat people, and we have been looking at this from every angle to
find ways to make sure it does not happen again.”In August, TABC announced that Agent Chris Aller, Agent Trainee Jason
Chapman and Sgt. Terry Parsons were terminated for various policy and
procedural violations found in the initial Rainbow Lounge investigation
report. Aller and Parsons filed appeals, but Administrator Alan Steen
upheld the terminations.Steen Designates Regional Community Liaisons and Agency Liaison to the GLBT Community
Administrator Alan Steen said, “The obvious disconnect between TABC and
the gay community in North Texas was a wake-up call to our agency that
we need to make a more conscious effort to reach out to all of the
diverse groups that we serve and to promote open lines of
communication.”With that goal in mind, TABC’s five regional Educational Liaisons are
being re-named Community Liaisons, and will be tasked with reaching out
to diverse community groups including GLBT organizations as well as
associations representing racial, ethnic and religious minorities.Steen added, “This is an obvious extension of the duties of the
Educational Liaisons,” who already work with industry members, parents,
students and other community groups to increase understanding of
alcoholic beverage laws, responsible service and consumption of
alcohol, and the agency’s role in keeping Texans safe.Additionally, Steen has appointed TABC’s Director of Communications and
Governmental Relations as the agency’s liaison to the GLBT community in
an effort to improve communication around the state. Steen said,
“Carolyn Beck played a key role in representing our agency to the
public during some tough times this summer and immediately began making
contacts in the North Texas GLBT community. As soon as the
recommendation was made that we appoint a GLBT statewide liaison, she
volunteered, and I think she will do a great job.”Carolyn Beck commented, “It’s important that the GLBT community have a
direct point of contact at TABC if they have recommendations for our
agency, or concerns that they don’t feel comfortable addressing with
their local TABC office. I’m here to work with the community to answer
questions about TABC policies or about alcoholic beverage laws, and to
continue to assist the agency in moving forward in the wake of the
Rainbow Lounge incident.”Executive Management Initiates Additional Operational Changes
TABC management has initiated numerous operational changes in an effort to better enhance field operations and the public trust.
TABC is hiring an Inspector to provide quality assurance monitoring for
Enforcement, Compliance, Licensing and Ports of Entry. The Inspector’s
job will be to review processes and procedures, conduct monitoring
visits, identify concerns and make recommendations to executive
management.TABC is hiring two additional internal affairs investigators, and
agency policy is being revised so that all Use of Force allegations
will be investigated by the internal affairs division.TABC has initiated a review of the peace officer hiring process and
minimum requirements to ensure we are matching the correct skills to
our mission and purpose.The Enforcement Policy and Procedures Manual is undergoing a complete
review, and appropriate updates will be made by the end of the year.
These policy changes are intended to increase supervisor oversight,
improve training, and ensure equipment meets agency standards.Additionally, the following operational improvements were announced on August 28, 2009:
Agents’ and sergeants’ work hours are being changed to create more
agents on duty during the hours that TABC-licensed premises are
operating as well as to increase the amount of supervisory oversight
during the agents’ work shifts.TABC’s Use of Force policy was revised effective August 4, 2009, to
move from a “use of force continuum approach” to an “objectively
reasonable force” model. TABC’s use of force expert will coordinate
future use of force training classes. Additionally, the Use of Force
Report form was revised to provide TABC’s Office of Professional
Responsibility (OPR / internal affairs) with an improved ability to
collect valuable data and identify trends.TABC is making various improvements to the agency’s training program,
including a review of the agent trainee field training program and a
new agency regional training program.In November 2009, agency trainers will become certified to train Verbal
Judo, the industry standard de-escalation technique. Agents will be
trained in 2010.TABC has contracted with Resource Center Dallas to provide diversity
training for agency employees around the state, beginning in November
2009. Resource Center Dallas will provide training in 11 cities across
Texas over the next seven months.Administrator Steen said, “Chief Joel Moreno has done a good job making
rapid and positive change to field operations. Over the past three
years, he has made significant improvements, and these additional
changes will only add to the quality of service we provide to the State
of Texas.”
