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Title: Your Government at Work: Trying to Prosecute Restaurateur for Tweeting Photo of Underage Kids Who Tried to Buy Beer
Source:
Reason
URL Source: http://reason.com/blog/2017/02/07/y ... nment-at-work-trying-to-prosec
Published: Feb 7, 2017
Author: Brian Doherty
Post Date: 2017-02-09 14:59:58 by Deckard
Keywords: None
Views: 1580
Comments: 12
John Horvatinovich is on trial this week because he tweeted out a photo of a couple of 17 -year-old kids who tried to buy alcohol at his Omaha, Nebraska, restaurant, Salt 88. He's facing a misdemeanor charge of interfering with a government operation. [UPDATE: And today, February 8, he was fortunately acquitted by a jury.] Why? Because the kids were sent there by the Nebraska State Patrol as part of an attempted sting to entice him to illegally sell them alcohol. His resistance to selling Bud Lights to the kids, who presented their real underage I.Ds and were turned away, indicates his intent to sternly obey the law. Yet that act turned into what the state considers lawbreaking when he thought he'd do a solid for the community by exposing the would-be lawbreakers. He tweeted out a photo showing the faces of the two teens from his restaurant surveillance camera on August 13 of last year, according to a report from the Omaha News-Herald, with these words: "Omaha restaurant peeps: These two are trying to ruin your night w/sting operations in town." (The tweet has since been deleted.) Despite using the word "sting" in his tweet, Horvatinovich told local TV station WOWT News 6 that "We were presented with two minors trying to buy alcohol at our restaurant. Had I known they were minors working with authorities in a compliance check, I would have deleted it immediately. But we didn't find that until 12-days after the tweet." According to the News-Herald, "Assistant City Prosecutor Makayla Maclin said in her opening statement [in his trial] Monday that...'(The teens) couldn't perform any more compliance checks as a result of the tweet.'" Their police handlers feared with them being identifiable on the internet that future use of those same teens in bars could result in possible violence against them. Horvatinovich's maximum possible sentence for posting a picture of people who tried to break the law in his restaurant is a year in jail and a $1,000 fine. The trial was ongoing as of today. [UPDATE: As noted above, today February 8 he was acquitted.] Why is government mad? The kids were sent by cops to entrap him into selling them the beer
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Begin Trace Mode for Comment # 2.
#1. To: Deckard (#0)
Damn, does the stupidity of LEO know no bounds ? These guys need a different vocation !
What if these "kids" in the sting were really 21, yet presented fake IDs that showed they were 17? If he sold them beer, would it be illegal?
#3. To: misterwhite (#2)
If the restaurant owner actually asked if the identification's were legitimate, then liability would fall upon the "kids". I've heard of many youths getting fake id's and getting into clubs. But if the owners are aware these kids are under age, then the burden would lie on the owner of the business.
What if ? what if ? what if ? I am not an attorney, but I would think not, since they were in fact 21. Since it was, in your example, a " Sting Operation ", I would think that the officers involved would be guilty of " entrapment ", and depending on the law of that state would be subject to jail time, sanctions, fine, being fired, and subject to civil punishment.
Top • Page Up • Full Thread • Page Down • Bottom/Latest" Your Government at Work: Trying to Prosecute Restaurateur for Tweeting Photo of Underage Kids Who Tried to Buy Beer "
#2. To: Stoner (#1)
Replies to Comment # 2. What if these "kids" in the sting were really 21, yet presented fake IDs that showed they were 17? If he sold them beer, would it be illegal?
#4. To: misterwhite (#2)
" What if these "kids" in the sting were really 21, yet presented fake IDs that showed they were 17? If he sold them beer, would it be illegal? "
End Trace Mode for Comment # 2.
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