FORT WORTH, TEXAS - Police Chief Jeff Halstead said Tuesday that "flawed policy" led to a controversial bar check at the Rainbow Lounge in June and that a new policy being implemented will ensure that such an event never happens again.
"I am apologizing for the actions and the reflection that this gave our community because they perceived it as a bar raid, and all our interviews with our officers and the other agents, they never, ever intended this to look that way," Halstead told Fort Worth City Council members Tuesday morning during a progress report on his department’s investigation.
Halstead said officials are still investigating what happened during the June 28 bar check by Fort Worth police officers and state agents that resulted in five arrests and left another patron, Chad Gibson, with a serious head injury.
Gibson, who was cited for assault and public intoxication, and George Armstrong, who was arrested on suspicion of public intoxication, have filed complaints of excessive force against two officers, officials confirmed Tuesday.
While officials continue to investigate whether excessive force or other police misconduct occurred, Halstead said investigators have interviewed an independent witness who confirms a Texas Alcoholic Beverage Commission agent’s account that Gibson fell to the ground, hitting his head, while handcuffed outside the club.
Halstead said a final report on the incident, which outraged the lesbian, gay, bisexual and transgender community, may be ready for council review by October.
A report by the alcohol commission released this month noted several procedural violations by its agents during the bar check. A separate commission report about possible use of excessive force is continuing.
Jon Nelson, spokesman for Fairness Fort Worth, told reporters that he was impressed with the chief’s honesty and that it took "a lot of guts" for him to apologize.
"I think if you compare the statements made by the chief of police early on and the statements made by him today, it’s a world apart," Nelson said. "I think he realizes that working with the LGBT community is the way to go in this particular situation. I think he’s doing that right now."
Bar Check Policy
Halstead said the department will continue to conduct bar checks and make public-intoxication arrests, calling them an important tool in the fight against drunken driving and alcohol-related traffic fatalities.
He pointed to statistics showing that the Hemphill corridor, an area south of downtown that includes the Rainbow Lounge, yielded more public-intoxication arrests than downtown or the Stockyards in the 18 months ending in June. (The figures include all people arrested on suspicion of public intoxication in those regions, including homeless people.)
"So the question we all have to ask ourselves is, 'Is public intoxication a safety issue?'" Halstead said. "From my position, yes it is."
But Halstead said the department’s current bar check policy is short and vague, giving "way too much freedom and flexibility." Under a new policy, which he plans to implement by Sept. 1, Halstead said the department will take a threefold approach to enforcement.
A bar check, the first level, will consist of police making "public relations" contact with the bar.
To proceed to the second level — a bar inspection — officers will require two levels of supervisory review and documentation that the location has "public safety challenges" and that there has been ongoing dialogue with the owner, manager and employees on how to address those issues.
Only when problems persist will the department authorize proceeding to the third level — a bar investigation — which incorporates the assistance of other agencies. The Rainbow Lounge bar check was the equivalent of a third-level investigation.
"That will never occur unless the other two levels were met first," he said. "Then there will be full knowledge and full historical, statistical proof that we had a need to be there."
Halstead said all operations with the alcohol commission will remain suspended until policies consistent between the two agencies are created.
Ongoing Investigation
As the alcohol commission reported, Halstead said the officers’ decision to include the newly opened Rainbow Lounge as one of three bar checks on the night in question was prompted by the public-intoxication arrest of a bar patron two days earlier.
He acknowledged that the bar checks that night were led by Fort Worth police and that the two commission agents had been asked to assist.
Halstead told council members that investigators are still trying to determine through interviews whether Gibson received any injuries inside the club, when he was taken to the floor as agents tried to handcuff him.
None of the officers noted injuries to Gibson before his fall, Halstead said.
Gibson’s sister, Kristy Morgan, has said, "He was in their custody and therefore should not have gotten hurt, however it happened."
Investigators are also looking into internal allegations of possible unprofessional conduct, neglect of duty and failure to supervise. If any are sustained, officers could be disciplined.
The presentation brought praise from several council members, including Councilwoman Kathleen Hicks, whose district includes the Rainbow Lounge.
"I’m proud of the fact you’ve admitted and said there are issues that we need to address and that we are addressing these issues head-on," Hicks told the chief.
Fort Worth police changes The department has taken or is taking these steps to prevent future incidents:
Named Sara Straten as interim liaison officer to the LGBT community.
Revising the department’s bar check policy to provide specific guidelines and protocols, creating three distinct levels of police interaction: bar check, bar inspection and bar investigation.
Working to provide cultural-awareness training through guest speakers to Police Department employees.
Working with human resources to improve current training in diversity and multiculturalism.
Committed seven department members, including the chief, to the city manager’s Diversity Task Force Committee.
Holding meetings between the chief and community leaders to solicit feedback and ideas on how the department can improve service.
from The Star-Telegram
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