LINCOLN — Two guys walk into a bar …
Not the start of a joke, but of a story Omaha Sen. Bob Krist told Wednesday as an example of police going too far to snare a bartender during an alcohol compliance sting.
The two guys were undercover police officers posing as the uncles of a teenager in their company. The “uncles” ordered a couple of drinks and encouraged the bartender to slip one to their “nephew.”
“In my mind, that's borderline entrapment,” Krist said, explaining why he sponsored a bill that would have prevented police from drinking and undercover minors from lying during undercover alcohol buys.
Krist withdrew Legislative Bill 60 during second-round debate Wednesday on the condition that authorities clean up how they conduct compliance checks.
Among steps that will be taken are a review and update of compliance check guidelines by the Nebraska Liquor Control Commission and the Nebraska State Patrol, Krist said.
The Nebraska Law Enforcement Training Center in Grand Island also will put on a seminar this summer so police will clearly understand what's permissible and what's not under the guidelines.
Krist said it would be acceptable if guidelines allow minors to fib when asked about their ages by alcohol retailers. But the subterfuge must end if the seller asks to see a minor's ID.
That's how compliance checks currently operate, said Capt. Jim Davidsaver with the Lincoln Police Department. The department rarely uses minors, and when it does, underage assistants must produce ID when asked.
Davidsaver said he is aware of a few bartenders or clerks selling to a minor even after asking for and seeing the ID.
“As far as setting it up to encourage a seller to sell to a minor, I'm not aware of that happening,” Davidsaver said Wednesday.
Liquor sellers can avoid legal trouble by always asking for ID. Under current law, minors are not allowed to use fake IDs during compliance checks.
Nonetheless, some police were supplying their young helpers with IDs that listed a fabricated address, Krist said. They did so to help protect the minors from people who were potentially angry about being duped.
Krist also wants compliance check guidelines to prohibit undercover police from drinking alcohol during the checks. Such drinking is a common practice, he said.
Krist said he introduced the bill largely to start a discussion and get the attention of law enforcement officers whose behavior during compliance checks was bordering on entrapment.
If he hears of the same problems again, he promised to bring the bill back in a future session.
Sen. Colby Coash of Lincoln led opposition to the bill, saying police told him they would stop doing the checks if they could no longer use an element of deception.
Coash said Wednesday he supports the effort to revisit the guidelines and train law enforcement to do compliance checks ethically and legally.
There's no downside to additional training, Capt. Davidsaver said.
“I don't think it's ever a bad idea for us to re-examine the way we do businesses.”
Contact the writer: 402-473-9587, joe.duggan@owh.com
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