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Title: Grandfather and Grandsons Detained by Officer, Kicked Out of Park for Drinking Kombucha Tea
Source: Free Thought Project
URL Source: https://thefreethoughtproject.com/g ... ark-for-drinking-kombucha-tea/
Published: Sep 30, 2018
Author: Jack Burns
Post Date: 2018-10-01 08:52:36 by Deckard
Keywords: None
Views: 1607
Comments: 18

Chesapeake, VA — Sid Tatem was trying to enjoy a picnic at Chesapeake’s Northwest River Park last week, but an overzealous park ranger quickly ruined the family outing. The ranger approached Tatem and sons inquiring about what they were drinking. Turns out the trio was enjoying some of grandpa’s homemade Kombucha, a fermented tea that has been around for thousands of years. Ranger Michael Peters was informed by Tatem the mixture might have residual alcohol from its fermentation but it could hardly be considered an alcoholic beverage.

Kombucha is the fermented tea that is sold in nearly every store across the country and which has an alcohol content so low that children can purchase it legally.

Currently quite a health food rage, it’s loaded in probiotics, vitamins, minerals, antioxidants, and anti-inflammatory substances. In other words, it’s really good for you and your body.

However, Peters detained the family, confiscated the Kombucha, forced them to pour it out and promptly kicked the innocent grandfather and his grandchildren out of the park. The three had made a day visiting Tatem’s father’s grave and decided to stop by the park and enjoy some food and family time. Tatem said:

I thought it was good, clean fun…And as far as I’m concerned, it is.

The grandfather described the encounter between he, his 8 and 14-year-old grandsons, and Peters.

He said real assertively, ‘What are you guys drinking today?’…He was very disturbed, convinced I was contributing the delinquency of my grandsons…Kombucha is not considered an alcoholic drink anywhere.

Grandpa’s right. Kombucha is sold to minors as if it were a soda and the alcohol content is somewhere between .5 and 2 percent, hardly enough to have any effect on anyone. It is similar to a “near beer” drink such as the marked brand of beer O’Douls which has .5 percent alcohol. Even in Texas, where weed is still illegal, minors can buy O’Douls and kmobucha.

Tatem described what happened after he attempted to reason with Peters.

I thought, this is a losing situation. I asked the officer what he wanted us to do. He said, ‘Dump the kombucha out, and leave the park.’ We did so in silence.

Predictably, Peters’ supervisors stood behind their agent of the state. City spokeswoman Elizabeth Vaughn, supported the ranger’s decision to confiscate property which didn’t belong to him, pour it out, and send the trio from whence they came. Vaughn stated:

The citizen offered up the information that the containers had home-brewed kombucha, and the fact it contained alcohol. Seeing it was given to juveniles, he was told to leave the park.

One could say Tatem got off pretty lucky. Had he resisted the confiscation, other men with guns could have been called and they could’ve been hurt. Had he chose not surrender his homemade Kombucha, he could have been tased, beaten, or possibly even killed. We’re not exaggerating folks. This happens all the time.

When citizens are determined to flex their rights, bad things can often happen. Tatem had a right not to be contacted by the Park Ranger. He also had a right not to speak with the ranger. He also had a right not to be searched and his property seized. Furthermore, the grandpa and his two grandsons had a right to be able to enjoy the park just like everyone else—without becoming subject to the American police state.

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#1. To: Deckard (#0)

If this article is true as written and no stretches of the truth like they very often do. Then I agree the ranger acted incorrectly.

What should his punishment be?

A K A Stone  posted on  2018-10-01   8:57:04 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

Even in Texas, where weed is still illegal, minors can buy O’Douls and kmobucha.

Too bad they were drinking it in Virginia.

misterwhite  posted on  2018-10-01   10:40:48 ET  Reply   Trace   Private Reply  


#3. To: Deckard (#0)

Chesapeake’s Northwest River Park ...

… is a city owned and run campground and no alcohol is allowed.

So there's that.

misterwhite  posted on  2018-10-01   10:44:45 ET  Reply   Trace   Private Reply  


#4. To: misterwhite (#3)

… is a city owned and run campground and no alcohol is allowed.

Kombucha tea contains anywhere from 0.5 to 2 percent alcohol. (For comparison's sake, a Budweiser is 5 percent.)

Better hide the NyQuil!

“Truth is treason in the empire of lies.” - Ron Paul

Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

Deckard  posted on  2018-10-01   11:29:33 ET  Reply   Trace   Private Reply  


#5. To: Deckard (#4)

Kombucha tea contains anywhere from 0.5 to 2 percent alcohol.

Uh-huh. Well, that would be relevant if the city ordinance read, "A little bit of alcohol is allowed in city owned and operated public parks."

Unfortunately it doesn't. It says no alcohol.

misterwhite  posted on  2018-10-01   11:52:23 ET  Reply   Trace   Private Reply  


#6. To: Deckard, A K A Stone, misterwhite (#0)

[Jack Burns] The ranger approached Tatem and sons inquiring about what they were drinking. Turns out the trio was enjoying some of grandpa’s homemade Kombucha, a fermented tea that has been around for thousands of years. Ranger Michael Peters was informed by Tatem the mixture might have residual alcohol from its fermentation but it could hardly be considered an alcoholic beverage.

The state Code of Virginia could consider it an alcoholic beverage.

[A K A Stone #1] If this article is true as written and no stretches of the truth like they very often do. Then I agree the ranger acted incorrectly.

Figure the odds. It's from the Free Thought Project and posted by Deckard.

[misterwhite #2] Too bad they were drinking it in Virginia.

Really.

[Deckard #5] Kombucha tea contains anywhere from 0.5 to 2 percent alcohol. (For comparison's sake, a Budweiser is 5 percent.)

In accordance with the Code of Virginia, Title 4.1-100, "one-half of one percent or more of alcohol by volume" meets the state definition of an alcoholic beverage.

This is true in spite of the advice of Sid Tatum to the Ranger Michael Peters, and despite the research efforts of Jack Burns and Deckard.

- - - - - - - - - -

https://www.si.com/extra-mustard/2017/06/26/michael-floyd-kombucha-alcohol-science

Let's start with the actual alcohol content of the kombucha he was drinking. Because it's a fermented drink (it's a tea that contains an appetizing combination of bacteria and yeast in it), there is a small amount of alcohol in kombucha—anywhere from 0.5 to 2 percent. (For comparison's sake, a Budweiser is 5 percent.) GT's Living Foods doesn't provide the alcohol content of its drinks on its website, but it's safe to assume that their drinks likely fall somewhere in that range.

- - - - - - - - - -

https://www.cnn.com/2015/12/09/health/kombucha-tea-alcohol-content/index.html

The Alcohol and Tobacco Tax and Trade Bureau recently sent letters to kombucha producers, including Rothbauer, saying some samples tested above the .5% alcohol-by-volume threshold for nonalcoholic beverages. That's about one-eighth the alcohol content of a light beer.

- - - - - - - - - -

STATE OF VIRGINIA

https://law.lis.virginia.gov/vacode/title4.1/chapter1/section4.1-100/

Code of Virginia

Table of Contents
Title 4.1. Alcoholic Beverage Control Act
Chapter 1. Definitions and General Provisions
§ 4.1-100. Definitions

§ 4.1-100. Definitions.

As used in this title unless the context requires a different meaning:

[...]

"Alcoholic beverages" includes alcohol, spirits, wine, and beer, and any one or more of such varieties containing one-half of one percent or more of alcohol by volume, including mixed alcoholic beverages, and every liquid or solid, powder or crystal, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed by a human being. Any liquid or solid containing more than one of the four varieties shall be considered as belonging to that variety which has the higher percentage of alcohol, however obtained, according to the order in which they are set forth in this definition; except that beer may be manufactured to include flavoring materials and other nonbeverage ingredients containing alcohol, as long as no more than 49 percent of the overall alcohol content of the finished product is derived from the addition of flavors and other nonbeverage ingredients containing alcohol for products with an alcohol content of no more than six percent by volume; or, in the case of products with an alcohol content of more than six percent by volume, as long as no more than one and one-half percent of the volume of the finished product consists of alcohol derived from added flavors and other nonbeverage ingredients containing alcohol.

- - - - - - - - - -

nolu chan  posted on  2018-10-01   17:14:55 ET  Reply   Trace   Private Reply  


#7. To: nolu chan (#6)

According to the article, they were drinking "grandpa’s homemade Kombucha". I'm going to go out on a limb here and guess grandpa pumped that sucker up to at least 10%.

Like he's going to pay $5 for a 16 oz. bottle of some .5% stuff.

misterwhite  posted on  2018-10-01   18:42:45 ET  Reply   Trace   Private Reply  


#8. To: misterwhite (#7)

I'm going to go out on a limb here and guess grandpa pumped that sucker up to at least 10%

Almost makes ya think the ranger could smell the alcohol.

nolu chan  posted on  2018-10-01   19:44:47 ET  Reply   Trace   Private Reply  


#9. To: nolu chan (#8) (Edited)

I’m sure alcoholic beverage could be smelled, by the officer.

I was kicked out of a state park (from the beach) by local authorities, for sneaking beer in when all the signs and postings clearly prohibited it. I was on a small vacation visiting my brother-in-law and his wife. This was 2012... two years before I retired in NY.

My brother-in-law and I gladly left, drove to the nearest Buffalo Wild Wings... and drank copious amounts of beer, in an AIR CONDITIONED ATMOSPHERE... while we watched sports on the TV.

I didn’t bitch about it... then again I’m not an anarchist asshole.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2018-10-01   20:20:32 ET  Reply   Trace   Private Reply  


#10. To: All (#9)

The state was South Carolina.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2018-10-01   20:49:03 ET  Reply   Trace   Private Reply  


#11. To: GrandIsland (#9)

I googled "alcoholic beverage virginia" and selected the result "Virginia alcoholic beverage control law".

At the top of the page was "Code of Virginia. The Code of Virginia (COV) contains the laws (statutes) of the Commonwealth. Title 4.1 is the Alcoholic Beverage Control Act."

I scrolled down to "Title 4.1 - Alcoholic Beverage Control Act :: 2014 Virginia Code :: US ..." The first section in Title 4.1 is §4-1.100 - Definitions. And there it defines "Alcoholic beverages".

It was my first search and I believe it took about a minute, maybe two. The writer for the Freedom from Thought Project could and should have done that.

nolu chan  posted on  2018-10-01   22:28:05 ET  Reply   Trace   Private Reply  


#12. To: misterwhite (#5)

Unfortunately it doesn't. It says no alcohol.

Ripe fruits contain alcohol. Your body contains alcohol.

A Pole  posted on  2018-10-02   8:29:55 ET  Reply   Trace   Private Reply  


#13. To: A Pole (#12)

Ripe fruits contain alcohol. Your body contains alcohol.

And rubbing alcohol contains alcohol. And Nyquil contains alcohol. And none of them are beverages as referenced in the city ordinance.

misterwhite  posted on  2018-10-02   10:11:42 ET  Reply   Trace   Private Reply  


#14. To: misterwhite (#13)

And rubbing alcohol contains alcohol. And Nyquil contains alcohol.

Don't you get hangover after?

A Pole  posted on  2018-10-02   16:36:58 ET  Reply   Trace   Private Reply  


#15. To: A Pole (#14)

Don't you get hangover after?

You assume I drink. I don't.

misterwhite  posted on  2018-10-02   17:38:26 ET  Reply   Trace   Private Reply  


#16. To: A Pole, misterwhite (#14)

Alcohol In Soda: Trace Amounts Found In Coca-Cola, Pepsi And Other Top Brands

No surprise, Trump and Whitey are lying about not drinking alcohol in the park.

Lock 'em Up!


Hondo68  posted on  2018-10-02   18:15:45 ET  Reply   Trace   Private Reply  


#17. To: hondo68, A Pole, misterwhite (#16)

[A Pole #12] Ripe fruits contain alcohol. Your body contains alcohol.

[hondo #16] Alcohol In Soda: Trace Amounts Found In Coca-Cola, Pepsi And Other Top Brands.

No surprise, Trump and Whitey are lying about not drinking alcohol in the park.

I gave the Virginia state alcoholic beverge control law, with a link, at my #6. I quoted the codified definition of "alcoholic beverage" therein.

Code of Virginia 4.1-100,

"Alcoholic beverages" includes alcohol, spirits, wine, and beer, and any one or more of such varieties containing one-half of one percent or more of alcohol by volume, including mixed alcoholic beverages, and every liquid or solid, powder or crystal, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed by a human being.

I gave the search criteria used at my #11.

Ripe fruits are not alcoholic beverages. The state park ranger was enforcing a state law. Soda with trace amounts of alcohol are not alcoholic beverages.

Tatem dumped the home brew on the ground. Had he refused, the ranger could have arrested brave Sid, seized the home brew as evidence, and charged Tatem with a Class 4 misdemeanor for violation of state law.

Liars gotta lie.

https://law.lis.virginia.gov/vacode/title4.1/chapter3/section4.1-308/

Code of Virginia

Table of Contents
Title 4.1. Alcoholic Beverage Control Act
Chapter 3. Prohibited Practices; Penalties; Procedural Matters
§ 4.1-308. Drinking alcoholic beverages, or offering to another, in public place; penalty; exceptions

§ 4.1-308. Drinking alcoholic beverages, or offering to another, in public place; penalty; exceptions.

A. If any person takes a drink of alcoholic beverages or offers a drink thereof to another, whether accepted or not, at or in any public place, he is guilty of a Class 4 misdemeanor.

B. This section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another in any rooms or areas approved by the Board in a licensed establishment, provided such establishment or the person who operates the same is licensed to sell alcoholic beverages at retail for on-premises consumption and the alcoholic beverages drunk or offered were purchased therein.

C. This section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another in any room or area approved by the Board at an event for which a banquet license or mixed beverage special events license has been granted. Nor shall this section prevent, upon authorization of the licensee, any person from drinking his own lawfully acquired alcoholic beverages or offering a drink thereof to another in approved areas and locations at events for which a coliseum or stadium license has been granted.

D. This section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another on a chartered boat being used for the transportation of passengers for compensation which is not licensed by the Board and which does not sell alcoholic beverages.

E. This section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another in any areas approved by the Board in a licensed commercial lifestyle center.

Code 1950, § 4-78; 1956, c. 23; 1972, c. 143; 1977, c. 439; 1979, c. 622; 1986, c. 113; 1988, c. 893; 1989, c. 42; 1990, c. 932; 1993, c. 866; 2017, cc. 157, 492.

nolu chan  posted on  2018-10-03   0:09:34 ET  Reply   Trace   Private Reply  


#18. To: nolu chan (#17)

Tatem dumped the home brew on the ground.

And by so doing, he avoided being arrested and charged with serving alcohol to minors and possessing alcohol in a public park.

Meaning he also missed out on the tens of thousands of dollars he would have collected from a GoFundMe page.

misterwhite  posted on  2018-10-03   9:18:57 ET  Reply   Trace   Private Reply  


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