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Alcohol citations concern administrators

By Josh Hull

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Published: Thursday, September 27, 2007

Updated: Sunday, August 30, 2009

An unusually high number of Texas Tech students receiving alcohol-related citations has university administrators concerned.

Tech Student Legal Services has reported a tripling in the number of cases handled this semester in comparison with past years.

Jill Stangl, managing director of legal services, said the increase is the result of more citations being issued by Lubbock police at parties where warnings may have been issued in the past. The citations include minor in possession, consumption by a minor and noise violations.

"It looks like everybody is getting some kind of a ticket," she said of those attending parties. "The numbers that are happening here are much bigger than anything going on at football games."

Stangl said she is concerned by the drastic increase because it appears officers may be issuing tickets to anyone attending parties whether there is proof of wrongdoing or not.

"How can they do that when they write 100 tickets at a party, and the keg is in the garage and people are everywhere," she said. "I think there are problems in proving the allegations."

Underage students aren't the only ones receiving tickets. Stangl said many times it appears those 21 years or older at parties are receiving noise violations since they can't be ticketed for alcohol-related issues.

Because of the high volume of tickets being issued and the surrounding circumstances, 20 criminal defense lawyers in Lubbock have made themselves available to Student Legal Services to take on party-related citation cases free of charge.

"We don't want students going down there and paying these tickets and getting a conviction without getting help," Stangl said. "Lawyers are also there to help those that are guilty."

Greg Elkins, dean of students, said the administration is aware of the situation and is gathering more information to determine if any action will be taken at the university level, including educating students about the laws.

"These are some of the things that we've been made aware of and are aware of, and we want students to be aware and make informed decisions," he said.

Despite concerns over the increase in ticketing, Elkins said the university will do its best to maintain a cooperative relationship with the city.

Though all indications point to a change in the way police are issuing citations, Asst. Chief Dale Holton with the Lubbock Police Department said no official mandates have been issued to encourage officers to crack down on parties or alcohol-related offenses.

"We've really not done anything differently," he said. "We've had party patrols assigned to loud party calls for the last several years."

Holton said any increase in ticketing has been made at the patrol officers' discretion.

"We've tried warnings, and we've tried to ask for voluntary compliance, and that hasn't worked," he said. "It's apparent that officers have decided voluntary compliance isn't working."

Attendance at a party without any indication of illegal activity is not grounds for a citation, Holton said, and the allegations that students not breaking the law are receiving tickets is unlikely.

"We still have to be able to make a case," he said. "There may be situations like that where everyone in attendance would receive a ticket because the officers observed illegal activity."

Still, some are concerned the cases resulting from the increased enforcement may not be ironclad.

Trey McClendon, an attorney in Lubbock, said the legal community is aware and ready to represent students who feel they were ticketed unfairly by Lubbock police.

"We're just seeing large, large numbers of citations being given, and it certainly appears that they are targeting Texas Tech student and parties," he said.

With the high volume of tickets being issue, McClendon said he believes many cases may present factual or constitutional problems if they were taken to court.

"It's my understanding that they've been going out and writing 200 tickets at one party," he said. "It seems to me that the students have been treated more like cattle than individuals. They've been herded to one side of the room and issued citations."

Because he has not seen any of the cases through the full legal process yet, McClendon said it is difficult to determine what the outcome will be, though he warned students to stay away from situations that could create legal problems.

Students who received citations can contact Student Legal Services at (806) 742-3289 or go to the service's offices on the third floor of the Student Union Building for free and confidential consultations.

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