In response to recent posts about illegal ABC sting operations, a reader sent us an email about an experience a family member had with the ABC and one of their "cooperating minors", Carson Broussard.
The ABC encourages and "hires" them to break the law in order to fill their coffers with fines.
The ABC encourages and "hires" them to break the law in order to fill their coffers with fines.
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| CARSON BROUSSARD - NOW TOO OLD TO ILLEGALLY ASSIST THE ABC VIOLATE THE LAW |
Actually, Broussard was not a minor as he was over the age of 18 years in 2014 when the incident referenced in the reader's email took place.
We know Broussard's age from arrest records in 2013:
and from voting record data:
Arkansas law makes no provision for underage individuals to assist any law enforcement agency in alcoholic beverage sale entrapment operations.
This fact was confirmed in a Congressional Report.
Not only did the ABC break the law by encouraging underage individuals to try and purchase alcoholic beverages, the ABC did not follow their own internal procedures regarding "uncover minors".
Most all of the males used by the ABC had some sort of facial hair as the photos that Jake Bleed with DFA provided to us clearly show (upcoming posts will go further into this). Many of these individuals were over 19 when the ABC paid, errr (cough), reimbursed them for breaking the law.
As this selfie that Broussard posted on Facebook back in 2013 clearly shows, he has had facial hair for quite some time.
As this selfie that Broussard posted on Facebook back in 2013 clearly shows, he has had facial hair for quite some time.
Just recently the problem of these "cooperating minors" giving false information (a/k/a lying) about their age when asked by a server, resulted in a battle of wits between ABC Administration and ABC Enforcement. As expected, ABC Administration Director Bud Roberts prevailed over tainted ABC Enforcement Director Boyce Hamlet.
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| BATTLE OF DIRECTORS AT THE ARKANSAS ALCOHOLIC BEVERAGE CONTROL AGENCY |
Apparently Roberts did not believe the old adage, 'Never argue with stupid people, they will drag you down to their level and then beat you with experience', when he took on Hamlet, who is not known for his intelligence, judgement, honesty and credibility.
Roberts found that ABC Enforcement was instructing "cooperating minors" to lie about their age if asked.
Roberts threw out an ABC Enforcement citation for that very reason.
The individual that the ABC fined in the On the Boarder matter was only 19 years old and it seems ridiculous an underage individual can take an order for or deliver alcoholic beverages when the Arkansas law clearly states that it is illegal for an individual under 21 years of age to have in their possession any intoxicating liquor, wine or beer.
Just like the use of underage individuals in alcoholic beverage compliance operations, there is no exception in the law for underage individuals to be able to sell or serve alcoholic beverages.
Just like the use of underage individuals in alcoholic beverage compliance operations, there is no exception in the law for underage individuals to be able to sell or serve alcoholic beverages.
That poor individual was working to pay college tuition and the $240.00 fine was a financial burden.
Oh yeah, that individual now has a criminal record that is a direct result of a law enforcement agency breaking the law. Fortunately, it is only a misdemeanor offense. But still...
Oh yeah, that individual now has a criminal record that is a direct result of a law enforcement agency breaking the law. Fortunately, it is only a misdemeanor offense. But still...
That individual was so badly traumatized that they quit and will never work in that capacity (server) again. The individual is planning on attending law school and hopefully will be in a position in a few years to assist individuals that are wrongly charged by the ABC breaking the law by using minors in illegal operations.
Here are the ABC documents regarding this particular illegal entrapment operation:
Pay particular attention with the offense the poor server was charged, "Unknowingly furnishing alcohol to a MINOR."
This is the actual statute:
This is the actual statute:
Again, pay particular to the plain language of the statute, it uses the term "minor", not underage individual or individual under 21 years of age.
Arkansas law clearly defines minor (scroll up) and once you are 18, you are not a minor, you have reached the ago of majority. In other words, anyone 18 and over is legally considered an adult.
Clearly, an attorney or anyone with any ability whatsoever, could easily take on such a charge as this and have it thrown out or it could be easily overturned on appeal.
The ABC has a responsibility to the citizens of Arkansas to take the lead in getting Ark. Code Ann. § 3-3-206 changed to have an exemption to use "cooperating individuals" in their compliance operations and to have Ark. Code Ann. § 3-3-201 amended to replace the term "minor" with "individual under 21 years of age".
Arkansas law clearly defines minor (scroll up) and once you are 18, you are not a minor, you have reached the ago of majority. In other words, anyone 18 and over is legally considered an adult.
Clearly, an attorney or anyone with any ability whatsoever, could easily take on such a charge as this and have it thrown out or it could be easily overturned on appeal.
The ABC has a responsibility to the citizens of Arkansas to take the lead in getting Ark. Code Ann. § 3-3-206 changed to have an exemption to use "cooperating individuals" in their compliance operations and to have Ark. Code Ann. § 3-3-201 amended to replace the term "minor" with "individual under 21 years of age".
