Latest / International Flavor: Where the Truth Tastes Better / Liquor-License “Police,” 501(c)(3) Red Lines, and Missouri’s Paper Shield: How ATC Power Expands Without Oversight—and Why Citizens Should Care

Transcript

Liquor-License “Police,” 501(c)(3) Red Lines, and Missouri’s Paper Shield: How ATC Power Expands Without Oversight—and Why Citizens Should Care · International Flavor: Where the Truth Tastes Better

0:00
Samuel Trapp coming to you live from the
0:02
Lake Gozark real estate of the art studio
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I thought I put one of them little
0:06
blurbs in there and it goes Hey, it's
0:09
damn radio.
0:09
Uh, shut up and listen quit listening to
0:12
music and uh, listen to me instead Um,
0:15
apparently not though.
0:16
Sorry about that A little bit of confusion
0:19
this morning.
0:20
Um, so we're gonna start with Presidential wit
0:25
and wisdom this morning from the Lake Gozark
0:27
real estate of the art studio Uh for
0:30
civic outlaws here on fridays, which uh civic
0:34
outlaws fridays.
0:35
You want to become a civic warrior?
0:37
Go out to civic outlaws.com join us
0:40
because what we are is very much against
0:43
Government overreach we are against the world where
0:47
the bureaucrat controls your life.
0:50
Um You all know my history.
0:52
We'll go over it again one day just
0:53
because I like doing it and i'm right
0:56
but Hasn't done me any good I lost
0:58
to the bureaucrat so, uh, but the fight
1:01
continues that doesn't mean you don't quit just
1:03
because you know the Uh, you know if
1:06
it's right, it's right whether you win or
1:08
lose right friends and neighbors i'm gonna give
1:10
you a millard philmore quote this morning Regarding
1:16
the law ready The law is the only
1:20
sure protection of the week Now positive that
1:25
uh, and the only efficient restraint upon the
1:30
strong I agree with that concept.
1:34
Holy That is good stuff.
1:36
But that was millard philmore said that and
1:38
he said let us remember He also said
1:41
did willard philmore millard willard Willard's god millard
1:47
philmore, uh, willard philmore, whatever the hell it
1:50
is, but it's millard philmore Let us remember
1:53
that revolutions Do not always establish freedom Remember
1:59
that our own free institutions were not the
2:03
offspring of our revolution They existed before it's
2:08
an interesting take on reality, isn't it?
2:11
Uh, not necessarily against that.
2:12
So all week i've been prepping this on
2:15
my international flavor show Talking about what I
2:19
plan to do on friday had some A
2:22
lot of um I don't know what ups
2:26
and downs a lot of a lot of
2:28
a lot of research done this week on
2:30
my end a lot of writing, um, I
2:34
already told you that last When did I
2:37
write that damn thing?
2:38
Can't remember monday monday evening monday afternoon.
2:41
I wrote an article about Might have been
2:44
in the works over the weekend too, I
2:45
think Um where the article is entitled when
2:49
a licensing agency becomes a clandestine Police department
2:54
and I want to share that with you,
2:55
but during this week I became aware of
2:58
a bill That is that is on the
3:01
house floor Directly impacting what I was going
3:04
to share with you.
3:05
So i'm hoping that I can get through
3:07
both of these so I think i'm going
3:08
to jump right to it and I apologize
3:10
if it sounds like i'm reading because I
3:12
am today, but they're my words.
3:14
I wrote them.
3:15
Okay and you know, I would like to
3:18
perhaps go back to uh, You know get
3:22
some wisdom from youtube somewhere the epstein deals
3:26
and the old billary element the bill and
3:29
hillary Are uh, you know She never met
3:34
epstein she's never met him why in the
3:36
world was his uh, uh compatriot his uh,
3:40
Partner there at her daughter's wedding or wherever
3:44
the hell they were whatever these things were
3:46
i'm sure it's bill's fault can't be hillary
3:49
jesus, she's uh Clean and pure as the
3:52
driven snow at least that's what i've always
3:54
heard that he may have been soiled But
3:57
she is as pure as the driven snow
4:01
Boy, I even have a hard time saying
4:02
that Sometimes things are so Mistrue mistruthful that
4:08
you can't even Let the words out of
4:11
your mouth if you feel like calling in
4:13
this morning, please do 5 7 3 7
4:16
4 6 8 0 2 0 But my
4:19
intent is to share these articles and it's
4:21
a bit of reading uh my words my
4:24
thoughts with the help of a couple of
4:27
researchers at uh, uh civic outlaws that we
4:31
bounce things off each other's uh Brains, you
4:37
know, we um Different perspectives are always highly
4:41
useful as as I say in in many
4:45
many things the point of view of uh
4:49
of an afghani versus a pakistani Now that
4:53
they're exchanging missile bombs towards each other is
4:58
uh Uh Probably not the same it's going
5:02
to rely a little bit on perspective the
5:04
hundreds of drones and missiles shared between ukraine
5:08
and russia, uh overnight are probably Important to
5:14
consider the perspective of of where The point
5:18
of view is coming from so I want
5:20
to talk to you about a licensing agency
5:22
and one of the things that I want
5:24
to preface it with is That obviously if
5:27
you're a regulator your point of view is
5:28
going to be different if you're a bureaucrat
5:30
It's definitely going to be different.
5:32
I say that people that work for the
5:34
government should do their jobs be regulators Not
5:37
bureaucrats bureaucrats are those who increase their power
5:41
bureaucracy is the enemy You know the the
5:44
long time the the growth of power to
5:48
becoming fabulously wealthy just because you happen to
5:51
Serve if you want to call it that
5:54
the people I think is horse pucky and
5:57
i'll try not to swear, but I got
5:59
a bad mouth.
6:00
I served in the army You know, I
6:02
i've got my uh, and i'm gonna apologize
6:04
because last week not only do I have
6:07
a bad mouth but I have a uh,
6:10
uh I i'm not very good sometimes with
6:15
technology and last week.
6:17
I jacked it up on the way out
6:18
of here and wonderful woman and and uh
6:22
A very good show Came in and and
6:26
had a couple of guests and there I
6:28
was ranting after Pushing the wrong button and
6:32
I said some swear words and I didn't
6:35
The speaker off because I was uh, confused
6:39
and so I apologize for that.
6:40
I will try to be a better citizen
6:42
in the future, but uh, well Sometimes you
6:46
just can't say things like you could with
6:48
a swear word, uh, you know, I hate
6:50
to say that you know But it's true
6:53
One swear word, you know, certainly in russian
6:56
one swear word will help you out in
6:58
uh, uh It just gives you the connotation
7:00
of exactly what you're looking for, you know,
7:03
uh, just by saying it french do it
7:05
too Many languages have their swear words, but
7:08
today we're going to start with an article
7:10
that I wrote I'm, really concerned about uh
7:15
government overreach all of you know that That
7:17
listen to me regularly or on uh civic
7:21
outlaws come fridays and this is the third
7:25
increment of civic outlaws We're still trying to
7:29
get the website to align correctly and a
7:32
few of that is my setting part some
7:34
of it is a settings that our uh
7:37
esteemed, um website developers and uh technology Uh
7:44
folks have to help me get to but
7:48
perhaps it's because I can't explain exactly what
7:50
I want But once I do civic outlaws
7:53
will be fixed and we're going to create
7:55
a subdomain Called podcast.civicoutlaws.com And blog
8:01
.civicoutlaws.com they're in the works and I
8:04
really apologize for the inconsistent, um, or perhaps
8:09
Not inconsistent because I believe we're pretty consistent
8:12
but with the uh, perhaps disjointed nature of
8:16
our website at present, but it's getting a
8:18
hell of a lot better than Than it
8:20
was and i'm not the best or haven't
8:23
been the best at describing exactly what I
8:25
want, but we're getting there You know, they're
8:26
extracting the information from me as we go.
8:29
So this is good stuff So i'm going
8:31
to start with when a licensing agency becomes
8:33
a clandestine police department now The world is
8:36
changing as we've outlined over the last two
8:38
shows be as a result of uh, the
8:41
overturning Of the chevron doctrine by the loper
8:44
bright decision and missouri specifically implementing uh rsmo
8:49
536.140 and uh now I believe there
8:53
was a tiny bit of an end run
8:54
maybe unintentional.
8:56
I don't know attempted to be uh done
8:59
in the legislature this week and uh, you
9:02
know, I Jumped on it with my team
9:05
and we uh Gave some some A reality
9:11
check to that and uh, you know, if
9:13
that's what if that's what missouri wants, which
9:15
i'd be surprised if they do Fine but
9:19
let's do it openly.
9:20
Let's talk about it in the open Let's
9:22
get it all out on the table and
9:23
see what it is So i'm going to
9:25
start with what what so what brought all
9:27
this about is the overreach of the alcohol
9:30
tobacco control people Okay, now they have been
9:33
put into place to have uh to do
9:36
what what do they fight?
9:37
What do they regulate alcohol and tobacco?
9:41
Okay Alcohol and tobacco.
9:43
That's it chapter 311 is alcohol chapter 407
9:46
is tobacco This is the limit of their
9:50
realm their kingdom extends to those two uh
9:55
Subtopics, right?
9:57
Those are the topics that they get to
9:59
Regulate, you know, we're we're regulators.
10:02
This is what we do.
10:03
This is what we love We want to
10:04
tell you what to do And there's a
10:07
some sad truth to this that you feel
10:09
targeted when these guys come after you This
10:11
is not a cooperative thing You know, I
10:13
talk about that in in respect to my
10:15
own profession and have for years.
10:17
This isn't a cooperative Hey fix what you're
10:19
doing and move on.
10:21
Let's make sure that you're doing it correctly.
10:23
No, no, no It's what bureaucrats do they
10:26
come in and they try to destroy you
10:28
instead Right for some reason they have to
10:31
justify their existence by destroying others.
10:34
I've never understood that approach I just don't
10:36
get it and uh, it makes no sense
10:38
to me, you know, i'm a more power
10:40
to you, you know, you want to have
10:41
a a a talk show that competes with
10:44
mine Let's do it, you know, come on
10:47
in We'll talk together and it'll be fun
10:50
and we'll learn from each other, you know,
10:52
because I may not be right all the
10:55
time What did I just say that maybe
10:58
so anyway I'm, right about this and i'm
11:01
right about the overreach of alcohol tobacco control
11:04
And so I think that people need to
11:06
understand that and so article number three that
11:09
I finished up monday or tuesday Uh of
11:12
this past week i'm going to share with
11:14
you even now Okay, and then it'll be
11:16
published out at our site and what we
11:18
do with these when we come up with
11:19
them And I finished another one.
11:22
Uh yesterday Morning, I think it was i'm
11:25
gonna try to share that one with you
11:26
too in the next hour here and uh,
11:30
for both of these the first one is
11:32
called When a licensing agency becomes a clandestine
11:36
police department, that's a subtopic article three Article
11:40
number four, which I finished up yesterday Is
11:44
called uh hb house bill two three seven
11:47
eight.
11:48
It's quiet Legislative creep the upgrade of the
11:52
atc into a police force That one's frightening
11:57
That one.
11:58
Holy crap.
11:59
I read it and I was like, wait
12:00
a minute.
12:01
This is Anyway, we'll get to my paranoia
12:03
about that in a little bit, but i'm
12:05
going to share with you about this, uh,
12:07
licensing agency Becoming on its own taking its
12:11
power on its own by itself Taking its
12:14
authority and creating its own authority to be
12:18
a police department Here we go.
12:22
I begin in the first two articles in
12:24
this series.
12:25
We examine the structural architecture of alcohol tobacco
12:29
control authority article one addressed a problem of
12:32
regulatory overreach how an administrative agency charged with
12:35
licensing Quietly expanded its interpretation of illegal activity
12:40
through rule making and elastic application of statutory
12:43
language Article two then examined the mechanics of
12:47
that expansion how they did it how criminal
12:49
statutes particularly within chapter 573 and 572 by
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the way chapters of Missouri revised statutes were
12:58
imported into chapter 311 licensing enforcement through administrative
13:02
interpretation rather than legislative amendment We analyzed the
13:08
circular logic that results when an agency declares
13:11
conduct criminal by reference Then uses that declaration
13:16
to render a premises non-compliant And finally
13:21
leverages that determination of non-compliance to threaten
13:24
to revoke someone's license and livelihood by the
13:27
way Those prior discussions focused on legal theory
13:32
and structural boundaries They asked whether atc had
13:35
stretched its delegated authority be beyond what the
13:38
general assembly authorized Here at civic outlaws.
13:41
We believe they did they examined the bootstrapping
13:44
of criminal provisions into administrative regulation and the
13:47
practical consequence of allowing a licensing body to
13:51
function as prosecutor and adjudicator under a lower
13:55
standard than criminal law requires This third article
13:59
turns from theory to documentation because while article
14:02
one and two Examine the legal expansion of
14:05
authority the documents that are in our possession
14:08
Reveal something even more troubling the division of
14:11
alcohol tobacco control Repeatedly referred to itself in
14:15
official investigative reports as a police department Not
14:20
metaphorically not casually formally for several years Official
14:24
investigative reports generated by Missouri division of alcohol
14:27
tobacco control bore the heading Missouri division of
14:31
alcohol tobacco control police department that is not
14:34
interpretation not rhetoric It's printed in bold at
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the top of official state documents Multiple investigative
14:41
reports across different years and different districts use
14:45
that exact designation No, no, how do you
14:50
just take your own?
14:52
I'm off off the written script now.
14:55
How do you take your own agency and
14:58
just start calling a police department?
15:01
Okay, I'm Sam I've decided that you know
15:04
what I think I'm gonna start a police
15:05
department from now on I want you all
15:09
to refer to me as The Samuel Trapp
15:12
Police Department and I'm gonna start taking authority
15:15
for that.
15:15
It's the same damn thing I'm gonna morph
15:18
into my own police department I'm gonna put
15:20
on a SWAT outfit and I'm gonna you
15:23
know go buy me a black SUV and
15:26
put some dark windows on it so nobody
15:27
can see in there and then You know
15:30
put a gun with a turret turret on
15:32
the top of it And I want you
15:33
to from now on to refer to me.
15:36
I identify as a police department Not metaphorically
15:40
not casually, but formally from now on when
15:43
you refer to me refer to me as
15:44
the Samuel Trapp Police Department for several years
15:48
back to the article official investigative reports Sorry
15:53
when the language of these reports was brought
15:55
to the division's attention through sunshine requests, which
15:58
is where we got them all anyway now
16:00
when I went through these and I haven't
16:01
been able to find the exact one I
16:04
Would swear that I saw one that was
16:06
back all the way to 2019.
16:08
My bet is yes It's there and I've
16:11
misplaced it because we've received some 5,000
16:16
pages from ATC they quit responded now and
16:19
now they won't even respond now They create
16:21
obstacles to response as we've discussed some some
16:26
some several times this week But when we
16:29
brought the language that oh, by the way,
16:32
you know Why are you calling yourself a
16:34
police department?
16:35
What gives you that authority?
16:37
The initial response was not an explanation of
16:41
statutory authority.
16:42
It was denial Kristen Cole director of finance
16:47
and compliance responded in writing ATC does not
16:50
Identify ourselves as such either in correspondence or
16:56
anywhere else quote our recognized agency name is
17:01
the Division of Alcohol and Tobacco Control as
17:05
authorized under our SMO section 311 615 that
17:11
Categorical denial was followed later when confronted with
17:15
copies of the reports themselves by the explanation
17:19
that the clandestine use of police department was
17:21
just a glitch a I forget what the
17:28
official word was.
17:29
They called it.
17:30
It wasn't a glitch.
17:30
It was a Darn it Something Whatever.
17:39
It was it was not intentional and I
17:41
can't remember the word a glitch that appeared
17:43
on multiple reports over multiple years a glitch
17:45
That coincided with armed post certified agents.
17:49
Why are they armed?
17:50
It's a why in the world are we
17:52
arming these guys for license investigation?
17:55
No wonder they act like policemen If you
17:58
want to be a policeman fine, go be
18:00
a policeman, but you're an alcohol control guy
18:03
All you do is verify somebody's license and
18:06
you got to frighten the hell out of
18:07
a business owner because you want to come
18:09
in There and why aren't other licenses regulated
18:12
at gunpoint?
18:13
I don't get it makes no sense to
18:16
me It's not 1930 anymore or 1925 or
18:19
whatever prohibition began Anyway when administrative licensing agencies
18:23
repeatedly captioned themselves as Or their official investigative
18:28
reports as police department.
18:29
That's not a typographical Slip it's an assertion
18:33
of identity an institutional identity requires statutory grounding
18:38
chapter 311 of the Missouri revised statutes grants
18:41
to supervisor of alcohol tobacco control Authority to
18:46
administer and enforce and enforce liquor laws 311
18:52
authorizes investigations of violations of Not all law
18:56
just chapter 311 and related regulations.
19:00
It does not create a municipal style police
19:04
department Within the ATC it doesn't they're they're
19:10
Doing anything they can to avoid answering us.
19:13
Okay, they get sent us one bill of
19:16
$390,000 and We said it would take
19:20
44 years to answer our questions Nonsense, and
19:23
then most recently we set one and they
19:26
said it'll take 53 weeks and $8,000
19:29
to respond Nonsense as well.
19:32
It's just a form and They give an
19:35
annual report Every year that allegedly gives a
19:39
lot of the same information Why would it
19:42
take if you give the annual report?
19:43
Including most of the same information and all
19:46
we want is a copy of the form
19:48
and Why would you claim it's gonna take
19:51
you a year to figure that out?
19:52
I'll bet you a hundred bucks that if
19:54
a Fearless state representative called and said hey,
19:58
I need these documents.
19:59
You'd figure out a way to get him
20:01
there guy named Dwayne in the in the
20:05
in the discussion chain of the 5,000
20:08
pages we got some some Investigator was not
20:12
investigator one of the one of the administration
20:15
Administrative bosses and there was a well, here's
20:17
we got from Dwayne.
20:18
I received this from Dwayne the other day
20:20
they had no problem providing us with 170
20:22
pages of Investigations they had done by date
20:25
and location that they clearly printed from a
20:28
database But now when we ask for that
20:30
same information in a different format, they can't
20:33
provide it Takes him a year takes him
20:35
44 years These guys are playing with us
20:38
and that's that and I don't believe it
20:40
convince me I'm wrong pick up the phone
20:42
call me at 5 7 3 7 4
20:44
6 80 20 and tell me I'm wrong
20:46
and why it's nonsense Let's get Dwayne to
20:50
go in and see if he can come
20:52
up with it because he came up with
20:53
the other documents pretty quick Anyway administrative agencies
20:57
are creatures of statute They possess not only
21:01
the authority the legislature shit, sorry, nope there
21:05
I went They possess only the authority the
21:10
legislator grants They do not possess inherent police
21:14
power if ATC wants to operate as a
21:17
police department The statutory basis must be clear
21:20
If it is not then the repeat use
21:23
of that designation is a serious structural problem
21:26
The police reports that they provide Reveal an
21:30
operational posture as a police force as well
21:33
in one such report an agent entered a
21:37
liquor License establishment get this.
21:40
Here's the quote in a covert fashion with
21:43
no ATC identification on my person Another agent
21:47
remained outside as quote my safety officer in
21:51
the event of an emergency situation What emergency
21:55
was the agent contemplating while verifying compliance with
21:58
a liquor license Seriously once inside the agent
22:02
conducted surveillance documented alleged conduct purchased alcohol Carried
22:08
it outside and later logged the Coors light
22:12
beer sample in the district of five office
22:16
as Evidence this isn't licensing regulation.
22:20
This is some guy They're playing SWAT, dude.
22:25
All he wishes is the day TC guys
22:27
got to wear SWAT machines.
22:28
This is nuts So he's logging a bottle
22:31
of beer in his as evidence.
22:34
There's evidence that they sell beer in a
22:35
bar.
22:36
Well, thanks We didn't know that and and
22:39
why are we being confrontational and investigating?
22:42
clandestinely Undercover leaving your covert ID outside.
22:47
What are you afraid?
22:49
Somebody will know you're a licensed guy What
22:51
are you doing?
22:52
And if you want to be a policeman
22:54
quit being an ATC guy go become a
22:57
cop You want to be you you know,
22:59
go join the sheriff's department and then when
23:02
you have the right Constitutional search and seizure
23:09
under Under Sorry These damn TVs throw me
23:17
off all the time under under the Fourth
23:19
Amendment Well the search and seizure then you
23:23
can come back But if you get just
23:24
gonna go in as an investigator, it's a
23:26
totally different standard and I'm so against this
23:29
I can barely stand it and these guys
23:31
get to go in it.
23:32
Well, I'm just doing my job I'm going
23:34
to say you're not a policeman You're a
23:36
licensing agent period just because you have to
23:39
be post certified doesn't mean you're you're you're
23:41
out there trying to arrest people You can
23:44
arrest him for violations, but by God, they
23:46
better be one of the violations in the
23:47
statute You know not something else Anyway, once
23:51
inside the agent conducted surveillance documented and logged
23:54
his cores light beer his narrative described conduct
23:57
in detail and cited regulatory and criminal provisions
24:02
by the way He doesn't get to log
24:06
criminally.
24:07
He can't arrest you for them.
24:09
Well, why is he doing it?
24:10
Well, is anybody ever gonna get charged off
24:13
of these one of the other things that
24:14
I thought it would be interesting to do
24:15
is find out how many licensing reports Under
24:21
chapter 311 or chapter 407 were used to
24:25
arrest people.
24:25
There was something come up a while ago
24:27
about one of these Machine you know, they
24:31
have these gaming machines and there was some
24:34
kind of arrest coming in there I'd really
24:36
like to know about that.
24:37
Is that just Licensing leverage I heard they
24:40
were actually charged with something.
24:42
I want to go through all of that,
24:43
too I thought I've done a little bit
24:45
of preliminaries, but I haven't gone far enough
24:47
to to speak Super intelligent, but it appears
24:50
to be exactly the same thing that you
24:53
go in and you allege violations of other
24:56
law Which you don't have the authority to
24:58
do So anyway, the language in these reports
25:02
is not that of a licensing regulator Regarding
25:05
a clerical compliance check it's the language of
25:08
a law enforcement officer in another report the
25:11
agent recounted receiving an Anonymous complaint that lap
25:16
dances were being provided the agent responded with
25:19
an unannounced routine inspection So this is how
25:23
he gets in the door So if somebody
25:25
had nude lap dances, you've got to go
25:27
get a warrant somewhere if you're breaking the
25:29
law But not if you're not if you're
25:30
just executing on an administrative license, right that
25:33
guy can come in and say he's a
25:35
state agent Then if he sees somebody Given
25:38
a nude lap dance.
25:39
He can arrest him arrest of them Right
25:41
examine posted licenses respected areas the report concluded
25:45
that no further action would be taken But
25:48
the stretch structure is unmistakable complaint intake investigation
25:52
surveillance documentation Constitutional implications are not theoretical
25:59
They're concrete the Fourth Amendment to the United
26:02
States Constitution protects against unreasonable search and seizure
26:06
Supreme Court has repeatedly held that administrative inspections
26:10
of private commercial premises even in closely regulated
26:15
industries are subject to constitutional constraints in Kamara
26:20
versus Municipal Court 1967 the citing is 387
26:25
us 523 the court rejected the idea that
26:28
Administrative inspections are exempt from Fourth Amendment scrutiny.
26:31
And in that case they were trying to
26:33
regulate Was it fire protection that they were
26:37
saying that the the house may have been
26:39
a fire hazard a fire call something administrative
26:41
Something saying that they didn't comply with the
26:44
local structure and the guy lived there And
26:47
it was his home and they wanted to
26:49
come into his house And they said, you
26:51
know just because you want to regulate something
26:54
that goes on in your house Doesn't mean
26:57
you get a warrantless search and claim it's
26:59
because of an administrative checkup We're checking to
27:02
see whether I don't know you you are
27:05
a code compliant in your house You can't
27:08
just come in that's that's settled law and
27:11
that the question came up.
27:13
It's like yeah But we're not going in
27:14
there to Fourth Amendment search against this guy.
27:17
We're going in there to regulate Well, the
27:20
Supreme Court disagreed and said well you better
27:23
get a warrant if you're going in there
27:25
to check the check Enforcement that is there
27:27
and then in a case called C versus
27:30
the city of Seattle and the citing reference
27:33
for that 3 to 7 us 541 1967
27:36
same year the court extended that principle to
27:40
commercial premises and I forget what they're regulating
27:43
there But it was something similar.
27:45
They went into went into a guy's business
27:47
Establishment checking a criminal deal and they're trying
27:51
to mix the two together Supreme Court says
27:53
no Well, I say no, it's BS Fourth
27:56
Amendment says no, that's an unreasonable search and
27:59
seizure You can't do it.
28:01
You need a warrant Unless you're going in
28:03
just to regulate a license Fred for simple
28:08
purposes, right?
28:09
So the court recognized a limited exception for
28:12
so-called closely regulated industries permitted a warrantless
28:16
inspection under carefully defined conditions something that protects
28:22
Your Fourth Amendment rights some procedure that also
28:25
protects right and in a case called, New
28:27
York versus burger The court held that such
28:31
inspections are permissible only where there's a substantial
28:34
government interest the inspection scheme is Necessary to
28:38
further that interest and the regulatory program provides
28:41
a constitutionally adequate substitute for a warrant by
28:45
limiting officer discretion and Providing notice of the
28:49
inspection framework, but burger burger does not authorize
28:52
covert criminal investigations by ATC guys masquerading as
28:58
an administrative Inspection while leaving your ID outside
29:03
And a backup dude outside.
29:05
It's a friggin nuts now in the burger
29:07
case.
29:08
What burger was was That was an interesting
29:11
case and and I can see this I
29:13
don't necessarily agree with it, but I get
29:15
it and I get where they're going so
29:17
where they what they were in burger burger
29:20
owned a He owned a junkyard he owned
29:25
a junkyard Chop-chop basically and you go
29:28
in you drop off these cars And so
29:30
the police had the right under New York
29:32
law to go into junkyards And verify that
29:36
the vehicles you have there are properly titled.
29:38
Okay, and now If you're gonna catch people
29:45
who run a chop shop, what are you
29:47
gonna have to do?
29:47
You're gonna have to go and and and
29:49
so if you're checking their their license if
29:52
you're going in for a criminal reason fine
29:54
But if you're gonna go in under a
29:56
scheme that says well once a month once
29:58
every three months periodically announced we're gonna come
30:04
in and check your Log of Titled vehicles
30:09
in your junkyard and or any of the
30:12
we're gonna make sure you're not running a
30:13
chop shop That's a legitimate government interest.
30:16
I say and so did the Supreme Court
30:19
They said well, then if you're gonna run
30:21
this chop shop Well the chop shop, you
30:24
know You better be better be careful to
30:27
document it properly all the cars you buy
30:29
better be licensed properly and so they had
30:33
the authority from time to time and that
30:35
what they did was they replaced the element
30:38
of The inspection they replaced the Fourth Amendment
30:43
with us with a procedure that Limited the
30:47
discretion of the officer the officer couldn't just
30:49
come in and wander around They had to
30:52
come in and check certain things check the
30:54
let's say you get to the front but
30:56
you can't necessarily go in the back unless
30:58
you have some kind of a Procedure identified
31:02
to say wait a minute.
31:03
We've identified this But if you have a
31:05
complaint from somebody else that says man They
31:08
stole my car chopped it up and I
31:10
saw it through the chain-link fence in
31:11
the back That is a different investigation altogether
31:15
you can't go in and use this procedure
31:18
of the state of New York to go
31:22
and inspect Whether or not in the back
31:27
your friend's vehicle is chopped up That is
31:31
not an inspection that requires a warrant.
31:33
All you can do is go in and
31:36
verify Whatever the procedure that is in place
31:40
to protect and if it and if there's
31:42
a question on that the courts will analyze
31:44
whether or not the procedure was sufficient to
31:50
Protect someone's Fourth Amendment rights Okay in a
31:54
later case Marshall v.
31:55
Barlow's Incorporated the court made clear that administrative
31:59
search regimes Cannot be used as a pretext
32:02
to avoid a warrant like the officer coming
32:05
in with a police report undercover Leaving his
32:08
ID as an alcohol tobacco agent outside and
32:13
having a backup guy out there coming in
32:15
to check out whether or not You're breaking
32:16
the law nonsense If you think somebody is
32:19
breaking the law go get a warrant come
32:21
in and investigate him do that But you
32:24
don't have that authority as a licensed as
32:27
a licensee well as a I'm sorry, not
32:30
a licensee as a Investigator as an agent
32:34
you don't have that.
32:35
Okay, and in the city of Los Angeles
32:37
verse Patel This wouldn't had to do with
32:38
hotels and I like this one, too They
32:40
had to certify several things as a hotel
32:43
owner.
32:43
Some people aren't living there permanently, you know,
32:46
they're not there more than whatever the amount
32:48
was 30 days a 30 days without leaving
32:52
they can't they can't be there longer than
32:53
30 days.
32:54
So the court this was in 2015 The
32:58
court reaffirmed that even in closely regulated businesses
33:01
like hotels Inspection schemes have to allow for
33:05
pre-compliance review Pre-compliance review and don't
33:09
grant unfettered discretion, okay Discretion the big deal
33:15
when you're a police officer Discretion is what
33:18
protects you that grants you immunity, which we'll
33:21
get into in the other article, right?
33:24
When an agent enters in a covert fashion
33:26
Conduct surveillance collects evidence and stores bottles of
33:31
beer as evidence the document to document alleged
33:35
criminal conduct the line between Administrative inspection and
33:39
criminal investigation is gone if the true purpose
33:43
is criminal enforcement The Fourth Amendment demands more
33:46
than regulatory gloss more importantly under what authority
33:50
are they?
33:51
Acting as police officers.
33:52
I say none.
33:54
They don't have it.
33:55
They can only take simple view of their
34:00
regulation Reg in 311 and 407 their regulation
34:04
this issue deepens when criminal statutes are bootstrapped
34:08
like ATC does through administrative licensing authority RSMO
34:13
chapter 572 governs gambling machines and criminal offenses
34:17
related to their to and chapter 573 governs
34:21
criminal offenses related to adult businesses, you know
34:23
people selling I don't know what adult toys
34:27
and stuff And it defines, you know child
34:31
porn and stuff like that and chapter 573
34:34
governs that statute 572 governs gaming machines criminal
34:39
statutes have criminal procedures require a criminal charging
34:43
document proof beyond a Reasonable doubt jury trials,
34:47
etc.
34:47
You don't get that for your liquor license
34:51
So you can't liquor license agent.
34:54
You can't charge them with a crime You
34:56
don't even have that authority to charge them
34:59
with a crime instead ATC declares alleged violations
35:03
as I talked about in there with their
35:05
lawyer in the prior article number two There
35:08
are their lawyer in front of judge beat
35:10
him in beat him Jesus I was ages
35:12
ago in front of judge Stumpy.
35:14
It was beat him's courtroom ages ago But
35:16
judge Stumpy up in Cole County under administrative
35:20
regulations They're over the grounds for denial of
35:23
a license.
35:23
All you get to do is regulate the
35:25
license But you're holding it over their heads
35:27
and you know They got this gun on
35:29
your hip which is nonsense and the distinction
35:32
between criminal adjudication and administrative discretion is gone
35:37
ATC's reliance on criminal statutes does not constitute
35:40
an isolative interpretive maneuver it's part of a
35:44
broad pattern in which criminal statutes are absorbed
35:46
into the licensing framework and reclassified as administrative
35:50
Non-compliance ATC has imported its treatment of
35:54
Missouri's gambling statute under 572 a body of
35:57
criminal law that like 573 contains no express
36:01
delegation of enforcement authority to division of alcohol
36:04
tobacco They can't arrest under those except and
36:07
and No, no, I'm sorry.
36:09
They can't arrest under those two statutes They
36:11
can only arrest under 311 and they can't
36:13
bootstrap the regulations of other statutes into there
36:17
So I call that administrative creep Administrative mission
36:21
creep appears in the way ATC's enforcement forms
36:24
and procedures regulate prohibited gaming activities on a
36:28
licensed premises specifically Gambling machines and promotional games
36:33
of chance that have no nexus to Missouri's
36:36
liquor license framework Under chapter 572 the Missouri
36:40
revised statutes gambling is defined and penalized as
36:43
a criminal offense but these guys are using
36:46
it as a as a Club to beat
36:49
you and take your license away So you
36:52
can't remove the the the licensing remove a
36:56
gaming machine You don't even get a charge
36:57
with a crime of having a gaming machine.
36:59
It's nonsense and the same thing goes with
37:02
572 so 572.0 10 provides definitions such
37:09
as gambling and gambling device while 572.0
37:13
Makes the offense of gambling a misdemeanor in
37:15
572.0 70 makes possession of a gambling
37:18
device a misdemeanor when knowingly placed or used
37:21
in the state chapter 572 provisions are part
37:25
of Missouri criminal code they establish criminal penalties
37:30
that apply to illegal gaming activity and enforcement
37:35
rests with criminal law authority and Prosecuting attorney
37:41
attorneys yet forms like I told you about
37:45
yesterday and day before like Missouri form 812
37:48
dash oh five six nine ATC's investigative reporting
37:52
form that is used in licensing law and
37:56
they can't even tell me the history of
37:57
the damn form by the way include paragraph
37:59
16 that allows agents to check off gambling
38:02
and promotional games of chance as An alleged
38:05
violation on a licensing related compliance review Even
38:08
though the statutory authority for ATC is under
38:11
311 and 407 extends only to investigative violations
38:15
and regulations promulgated under those chapters It contains
38:19
no express grant of authority to regulate non
38:22
liquor criminal statutes like gambling There is no
38:25
statutory language in chapter 311 authorizing ATC to
38:29
investigate or enforce chapter 572 gaming Nor does
38:32
it delegate any enforcement authority at all to
38:35
ATC what ATC's form?
38:38
effectively does is import criminal gambling prohibition into
38:42
an Administrative licensing matrix allowing agents to treat
38:46
alleged gaming device violation as licensing non-compliance
38:51
even though such allegations if valid are Criminal
38:55
in nature, but they don't have to prove
38:58
a crime They just have to allege it
39:00
decide that you've done it and that's that
39:03
and they take your license nonsense Nonsense nonsense,
39:07
they don't have the ability to do that.
39:09
There is no statutory basis in 311 or
39:12
its rules That delegate to ATC the power
39:16
to enforce chapter 572 gaming offenses Nor is
39:21
there evidence that the General Assembly intended to
39:23
burden the division with enforcement of general anti
39:26
gambling law?
39:27
ATC's inclusion of gambling violations in its investigative
39:31
form Demonstrates the same pattern of interpretive elasticity
39:35
that appears with chapter 573 where criminal conduct
39:39
is translated into administrative non-compliance Not even
39:45
against the same person often this isn't merely
39:49
an agency checking multiple boxes, it's an administrative
39:52
expansion conflating criminal statute with regulatory compliance Missouri's
39:57
criminal gambling laws are by design Enforced through
40:01
the criminal justice system not an arm of
40:03
the Department of Public Safety charged with liquor
40:06
licensing when ATC agents List gambling and promotional
40:12
games of chance as a licensing violation that
40:15
isn't neutral oversight It's regulatory overreach using a
40:20
criminal statute ATC enforcers are very aware a
40:24
very well aware of this expansion of their
40:28
regulatory approach into criminal enforcement aside from operating
40:31
as a police department communication circling by acting
40:35
state supervisor Templeton states that operation of a
40:39
business in a manner that allegedly violates a
40:43
criminal code is Illegal activity under 11 CSR
40:48
2.1 4 0 and is grounds for
40:50
the denial of a liquor license Her language
40:53
is explicit Alleged criminal conduct is imported into
40:57
the licensing framework as an admin dependent administrative
41:01
violation This isn't regulation.
41:03
It's structural consolidation of power now I want
41:07
to deviate here for just a second and
41:09
remind you that the reason for this is
41:11
because of Loper bright overturning Chevron, she doesn't
41:15
get to do that anymore and They don't
41:18
get to import and they don't get to
41:20
interpret the court Interprets not her and anything
41:24
previously imported is now reviewed under Missouri law
41:29
536 dot 140 de novo and must lean
41:33
toward the Review of overreach and Look out
41:41
for individual liberties.
41:43
You have to err on the side of
41:45
the citizen of the person You know Calling
41:52
forth that right Templeton's March 16 2022 email
41:57
circulated among other senior ATC officials that forwarded
42:02
an article called chapter 573 she wrote that
42:06
a challenge to the 573 statute had lost,
42:09
you know Somebody years ago had filed against
42:12
it They didn't even know about it, but
42:14
that certainly makes me feel better knowing the
42:16
statute survived court scrutiny Scrutiny in the same
42:20
chain staff discussed how we plan to handle
42:22
these types of businesses Her correspondence is not
42:26
passive regulatory review.
42:28
It is planning She remarked that the division
42:31
is blessed with autonomy that phrase is not
42:33
incidental autonomy in the administrative context means Discretion
42:38
if you can get to the discretionary field
42:40
anything you do will be justified and immunities
42:42
will not apply to you That's a little
42:44
sidebar But you but if you have discretion
42:46
You have immunity if you get them if
42:49
you get a choose on the scene You
42:50
got immunity and on federal side official immunity
42:53
on the state side nonsense So These type
42:58
of interpretations mean the ability to interpret yourself
43:01
to enforce to prioritize but autonomy is not
43:04
sovereignty It's a meaning not granted by lettuce
43:06
legislator It does not permit an agency to
43:09
expand its jurisdiction, but beyond what the statutory
43:12
framework that created it granted in the same
43:15
series of communication assistant a G advised at
43:19
a particular statutory provision Previously dormant in practice
43:23
could be leveraged in conjunction with ATC's regulatory
43:27
authority This tone is not uncertain.
43:30
It's decisive The message is clear if criminal
43:33
statute has survived constitutional scrutiny Then the division's
43:37
licensing enforcement posture can be increased what remains
43:41
unclear is where the statutory authority regarding that
43:45
posture Originated the discussion does not read as
43:49
a narrow legal opinion about a statutory construction
43:52
It reads as an operational roadmap if the
43:55
licensee operates in a manner that could implicate
43:57
a criminal statute sole interpretation of the agent
44:02
by the way Then that conduct is categorized
44:07
as illegal activity again Solely by the agent
44:10
for the purpose of saying that they're engaged
44:13
in illegal activity if the licensee disputes that
44:15
category Categorization the division will proceed with denial
44:19
a revocation of a license themselves Only in
44:23
the licensing stand not a criminal charge And
44:26
so basically they have to prove he's guilty
44:29
or they don't have to prove it All
44:30
they got to do is alleged because the
44:31
standard of proof is different That's the problem
44:34
if the business attempts to challenge the interpretation
44:37
The division can rely on the criminal statute
44:40
survival in prior litigation as leveraged to beat
44:42
him up with and say well You're gonna
44:44
lose and they usually do you know, they
44:46
get him to admit things They'd never admit
44:48
to because they just say well, you know,
44:50
sorry Well, you know, otherwise you're either gonna
44:53
have no license or you were gonna limit
44:54
your license.
44:55
How about that?
44:56
So whatever punishments they put in they strong
44:59
-arm you into taken because it's that or
45:01
wait a year and a half Well, it
45:02
works its way through to courts without a
45:04
license, by the way So you can you
45:07
know either kiss their rear end and take
45:09
what they give you But you can't fight
45:11
it because you know, the structure is unmistakable
45:15
Identify statute confirm that it withstands challenge integrated
45:19
into administrative enforcement Through some rule interpretation that
45:23
you're not authorized to do anymore under the
45:25
overturning of Chevron and 536 140 and deploy
45:28
it strategically against defined category of businesses Templeton's
45:32
communication chain Reflects conditional planning if the business
45:36
does this we respond with that Yeah, and
45:39
that's everywhere in this if they resist we
45:43
Escalate they've been pretty clear about that if
45:45
they comply we maintain leverage that isn't a
45:48
neutral administration that strategic enforcement There is through
45:52
criminal code.
45:52
By the way, there is no provision in
45:54
chapter 311 granting ATC independent authority to prosecute
45:58
violations of 572 or 573 of the Missouri
46:01
Criminal Code Enforcement Authority for criminal acts in
46:03
those two statutes resides with the prosecuting attorney
46:06
in the criminal court That's true but the
46:09
internal correspondence reveals a conscious decision by this
46:13
agency to use the Existence of a criminal
46:16
law that they can use in their favor
46:19
as a mechanism to classify conduct as illegal
46:23
Activity within the administrative code thereby converting alleged
46:29
criminal behavior into licensing non-compliance without a
46:34
criminal conviction That's the point right there.
46:38
You get a use a criminal code call
46:41
somebody a criminal Take their license away because
46:44
they're a criminal but you don't have to
46:46
prove they're a criminal that same thing that
46:49
I argue They did to me about my
46:50
bar license.
46:51
They did the exact same thing It's the
46:53
same Same thing and I'm telling you people
46:57
need to get this because those who agree
46:59
with this type of behavior do not Understand
47:02
the Constitution.
47:03
So the that maneuver is not Accidental it
47:08
is deliberate alignment.
47:09
It is a tandem movement between administrative interpretation
47:13
and criminal statutes If you can call somebody
47:15
a criminal and take their license away without
47:18
ever proven.
47:19
They're a criminal.
47:20
That's just wrong You know just wrong and
47:23
that's what ATC is doing.
47:26
It's the tandem movement between administrative Interpretation and
47:30
criminal statute without a formal transfer of criminal
47:33
enforcement authority to anyone the assistant AG Provides
47:37
the interpretive support the division supplies the regulatory
47:40
muscle.
47:40
The result is a consolidated enforcement apparatus capable
47:44
of applying criminal standards through administrative consequence The
47:48
implications of such regulatory overreach are profound when
47:53
an agency describes itself as blessed with autonomy
47:56
and simultaneously outlines how to integrate criminal statutes
48:00
into their own administrative licensing enforcement strategy It
48:05
signals a posture of expansive authority Autonomy is
48:09
elastic Discretion is leverage leverage when combined combined
48:13
with a threat of a license revocation is
48:16
Control it's power.
48:19
This is not conjecture the language in the
48:21
communication Reflects confidence in the division's ability to
48:25
handle these type of businesses Whoever said that
48:29
the licensee should be handled Whatever happened to
48:34
Everybody working within a regulatory structure that that
48:38
isn't targeting people for destruction or destroying their
48:42
business Or taking their livelihood in there and
48:45
holding it over their head so that they
48:47
got a lick your rear end that's of
48:49
course not in the article, but I'm against
48:53
this completely bureaucratic overreach is what this is
48:57
The so they're gonna handle these businesses the
49:00
phrase how we plan to handle such businesses
49:03
carries a prosecutorial Overtone this isn't regulation of
49:08
a license.
49:08
It's a prosecutor.
49:09
She thinks she's a prosecutor it implies Classification
49:13
targeting and response it does not suggest case
49:16
-by-case Neutral application of statutory text.
49:20
I want the legislature do something about this
49:23
administrative agencies Are not authorized to bootstrap criminal
49:28
enforcement Through creativity, they're just not ATC may
49:35
enforce their statutes in their own jurisdiction They
49:38
can even promulgate rules consistent with legislative delegation
49:42
of authority, but they cannot adopt criminal provisions
49:45
as such a strategic tool absent any clear
49:48
statutory Authorization the fact that this strategic integration
49:52
was discussed openly within the division in their
49:56
emails Underscores the evolution is a conscious thing.
50:00
It was not a misunderstanding of a police
50:02
report heading It's not a typographical error It's
50:06
a structural shift in posture for years an
50:10
alignment of administrative discretion with criminal statutes in
50:14
a manner functionally expanding enforcement reach without any
50:20
legislative amendment repeated police department designations on investigative
50:25
reports and strategic Correspondence paint a consistent picture.
50:30
The ATC did not merely enforce liquor law
50:33
It developed and articulated a plan to use
50:37
criminal statutes in tandem with Administrative rules to
50:40
exert control over a category of licensee autonomy
50:44
in that context, however blessed ceases to be
50:49
a neutral administrative virtue It is instead an
50:52
instrument of expansion of the police state of
50:56
bureaucracy says I regulatory agencies enforce Administrative statutes
51:03
they do not handle certain categories of business
51:06
when internal email chains outline how the division
51:09
will proceed against certain businesses after celebrating a
51:12
statute a Prosecutorial posture is revealed.
51:16
This is not a neutral oversight of a
51:18
license holder and certainly not a passive compliance
51:21
check It reflects a criminal prosecution strategy self
51:25
-identifying as a Alcohol and tobacco control police
51:30
department seems to be in keeping with that
51:33
strategy So now let's return to ATC's denial
51:35
of that concept when confronted through sunshine requests
51:38
with the repeated ATC use of investigative reports
51:42
Labeled police department.
51:43
They initially responded that ATC had never referred
51:46
to itself as a police department They changed
51:49
that response after being provided with copies of
51:51
the reports then they took on the OG.
51:54
It was a system error glitch the Sequence
51:57
of events denial followed by minimization is not
52:01
a clerical footnote It's a credibility issue after
52:05
all the glitch occurred repeatedly over a course
52:08
of multiple years and multiple jurisdiction if Such
52:14
designations are a glitch.
52:16
Why are ATC agents post certified?
52:19
Why is that?
52:20
Mandated I would say why are they armed
52:22
under what statutory amendment?
52:24
What is the legislative record who authorized the
52:27
issuance of firearms for what defined purpose are
52:31
these agents?
52:32
Exercising general arrest powers.
52:34
Are they empowered beyond the enforcement of chapter
52:36
311 to be sure Supervisor of ATC may
52:40
select I believe it's under chapter 6 dirt
52:42
or a sub chapter 630 subparagraph 630 of
52:46
chapter 311 and supervisor of ATC can select
52:50
and designate a Certain ATC agents to be
52:54
post certified, but they all are Certain agents
52:58
may be but they all are they got
53:00
all I'm surprised they don't have SWAT gear
53:02
But that does not automatically transform every employee
53:06
of the division into a peace officer.
53:08
That designation is discretionary Not universal nothing in
53:13
the statute requires that all investigative personnel be
53:16
commissioned Nor does post certification itself mandate that
53:20
a peace officer carry a firearm post licensing
53:23
establishes training and qualification standards under chapter 590
53:28
revised statutes of Missouri the decision to arm
53:31
an officer is an operational and policy determination
53:34
Made inside the agency the statutory framework raises
53:38
legitimate oversight questions At least in my mind
53:41
how many ATC personnel have been designated as
53:45
peace officers?
53:46
I believe it's all of them under what
53:48
internal criteria and for what defined enforcement scope
53:52
if Designation and arming or discretionary what policy
53:56
governs that decision and how is it limited
53:58
to the subject matter?
53:59
jurisdiction expressly granted in 311 my question My
54:05
question personally is more basic.
54:08
Why is a weapon necessary to manage a
54:11
liquor license?
54:11
Is it just the regulation of a certain
54:14
type of liquor license Does a licensing agent
54:18
for any other type of license need a
54:20
weapon?
54:21
Perhaps barbers are suspect should the Missouri Board
54:24
of Cosmetology and barber examiners be post certified
54:28
and issued weapons Let's start, you know, look
54:31
at geez what if they're what if in
54:33
the back like in all the old movies
54:35
that they you know, the barber shop is
54:37
the place for the Criminals to meet, you
54:39
know in the back right in big cities
54:42
Obviously, geez we should arm.
54:44
We should arm the cosmetology board When you
54:48
go inspect barbers, you better be strapping Anyway,
54:52
if the answer is to post certify certification
54:55
for ATC agents is necessary for officer safety
54:58
in a volatile environment Why is a bar
55:01
any more volatile than anywhere else that made
55:04
I've been in a lot of bars.
55:06
I Got punched once years and years and
55:09
years ago in Colorado, you know, Colorado's not
55:12
Missouri There aren't bar fights in Missouri.
55:14
Are there I didn't do anything.
55:15
I Got saved by the guy's girlfriend.
55:18
That was actually pretty funny.
55:20
Oh leave him alone.
55:21
That was anyway I digress the answer is
55:24
post certification for ATC is necessary If that's
55:26
the answer that may justify limited peace officer
55:29
authority several of them may be narrowly confined
55:32
to liquor law It doesn't justify labeling the
55:36
division of Police Department for years and arming
55:38
everyone it does not justify covert Operations that
55:42
resemble some kind of vice enforcement.
55:44
It does not justify importing a criminal statute
55:47
into an administrative proceeding as Leverage consider the
55:51
structural danger a liquor license is issued to
55:53
a person or entity.
55:54
It describes approved premises It isn't granted to
55:58
the walls themselves when the ATC declares that
56:01
the premises are not compliant because an alleged
56:04
criminal conduct occurred there in it transforms the
56:08
Accusation into a regulatory weapon the same agency
56:12
that investigates makes the determination That the license
56:16
is in jeopardy That did not bother anybody
56:20
else the same alleged conduct.
56:22
It could be prosecuted Criminally is instead adjudicated
56:25
administratively under a lower standard of proof That
56:30
is Consolidation of investigative and punitive power and
56:34
the inspector wields a gun to bring that
56:36
point home to the license holder The u
56:39
.s. Supreme Court cautions against such blurring of
56:43
authority in Michigan versus Taylor 1978 Michigan versus
56:47
Clifford 1984 the court emphasized that administrative entry
56:52
cannot be a subterfuge for a criminal investigation
56:56
You hear that ATC pay attention to that
57:00
that's important when the purpose shifts from regulatory
57:03
compliance to evidence-gathering for enforcement Constitutional safeguards
57:08
intensify and and The Fourth Amendment kick in
57:13
if ATC is conducting an undercover operation logging
57:17
evidence and coordinating prosecutorial strategy It should operate
57:21
within the constitutional boundaries that govern law enforcement
57:24
It cannot cloak criminal style investigation in administrative
57:27
clothing to avoid scrutiny in conclusion I Wonder
57:32
whether the Missouri Legislature ever Intended the Division
57:36
of Alcohol and Tobacco Control to function as
57:39
a police department if so Where's the statutory
57:42
provision to that effect if not why have
57:44
official documents and activities broadcast otherwise for years?
57:48
Constitutional protections do not evaporate because a business
57:51
holds a liquor license Administrative convenience convenience does
57:55
not override the Fourth Amendment Denial followed by
57:59
a glitch is not a sufficient explanation either
58:01
ATC is a police department with clearly defined
58:04
Legislative authority and constitutional constraint or it's an
58:07
administrative licensing body confined to the powers granted
58:10
in chapter 311 It cannot be both That's
58:15
article number one and clearly.
58:18
I don't read fast enough or I Add
58:20
lib far too much, and I didn't that's
58:24
just a long article Now what I found
58:27
out After this and we're not gonna get
58:30
to it today, but what I found out
58:32
this was frightening So we've been we've been
58:36
sending this out to any legislator.
58:38
That'll listen and go hey You know somebody
58:41
somebody listen to this.
58:42
It's civic outlaws.
58:43
I'm not wrong I invite people come on
58:46
this show tell me I'm wrong and tell
58:47
me why You want to come in and
58:49
argue with me or convince me I like
58:52
a good argument, that's what I do It's
58:54
what I live for and so in fact
58:56
I would welcome the chance to have somebody
58:59
convince me that I'm wrong and guess what
59:01
if I'm wrong I'll admit it and and
59:04
I will say oh well.
59:05
I get it fine, so Here's what happened
59:09
the other day discovered quite It was surprisingly
59:14
I was surprised they guess what so the
59:16
hearing on all these matters was December the
59:18
3rd of Last year there's a hearing in
59:22
front judge Stumpy in Cole County's analyzing a
59:25
couple of actions in his courtroom, and we
59:29
say that Not we I'm not even part
59:32
of it.
59:32
I'm just helping do a little bit of
59:34
the research behind it is Travis Noble's the
59:38
one making the arguments, and this is good
59:39
stuff, and I'm assisting in that regard and
59:43
so Some of the research stuff because I
59:46
like this area, and I'm a fairly good
59:50
research assistant I'm doing and and plus I'm
59:56
a founding member of civic outlaws and so
59:59
I think this is important stuff that if
1:00:02
people don't Understand why the government shouldn't be
1:00:05
sitting in your in your lobby every day
1:00:08
You know the the words we're with the
1:00:10
government.
1:00:11
We're here to help our bullshit pardon my
1:00:12
French They just are they're not here to
1:00:14
help you certainly ATC is not here to
1:00:16
help you with their You know geez SWAT
1:00:19
gear Tactical gear and their backup outside so
1:00:24
they can check whether you're you know selling
1:00:26
liquor to a minor Nonsense is all of
1:00:29
this is crazy, so I came something else
1:00:32
They got me go in the last two
1:00:34
days discovered this house bill 2378 and now
1:00:39
that what they were trying to do with
1:00:41
this and this this is So I'm a
1:00:45
little Let's call it skeptical, and I can't
1:00:49
share this article with you till next week
1:00:51
I don't have time to share it to
1:00:52
you today It'll take too long, and it's
1:00:54
a long article, but I've shared it with
1:00:56
a number of state reps some on the
1:00:59
committee including the guy who sponsored Sponsored house
1:01:04
bill 2378 and what 2378 was trying to
1:01:08
do was exactly in a TC Get this
1:01:13
to take and the short story is this
1:01:17
Under this new house bill one line of
1:01:21
Text under the house bill, and I don't
1:01:23
have a copy of it in front of
1:01:25
me, but the basics of it were this
1:01:27
They want to grant that this this particular
1:01:30
legislature and legislator anyway wanted to propose that
1:01:36
an ATC Agent had the power to arrest
1:01:43
in emergency or exigent circumstances What does that
1:01:49
do?
1:01:50
What does it do It takes discretion away
1:01:56
from the court away from judge Stumpy and
1:02:00
Gives it to the officer on the ground
1:02:02
or the agent on the ground.
1:02:04
He's not even an officer.
1:02:05
I mean he's qualified He's previously was an
1:02:08
officer Worked for a police department most likely
1:02:12
and then transferred in day TC So he
1:02:14
could still pretend to be policeman without being
1:02:16
a policeman.
1:02:16
He's a regulator.
1:02:17
That's it He regulates a license, but if
1:02:20
you can give him discretion Guess what happens?
1:02:24
This is no longer a legal argument It's
1:02:26
an argument of what does the officer get
1:02:28
to say on the ground because the officer
1:02:30
on the ground is?
1:02:31
Given the discretion and what does that do
1:02:33
does two things one?
1:02:35
You can never sue the guy for overreach
1:02:37
because he has the discretion The discretion is
1:02:40
his to make and so the only thing
1:02:42
would be the and they get immunity for
1:02:45
this by the way on the federal level
1:02:46
it's called Qualified immunity and on the state
1:02:50
of Missouri level.
1:02:50
It's called official immunity that as long as
1:02:53
you're acting in your capacity and you're given
1:02:56
and you're you're You're acting as a reasonable
1:03:00
officer in a similar situation would do but
1:03:02
they never question that if you say it's
1:03:05
an emergency And you feel that it's an
1:03:06
emergency as a police officer.
1:03:07
That's why so many of them get away
1:03:09
with killing people You kidding me.
1:03:11
This is frightening to me They already are
1:03:14
arm in these people, and they don't need
1:03:16
to be what if you come into a
1:03:17
business a liquor license holder in that liquor
1:03:20
license holder you already have a predisposition to
1:03:23
not like the guy and you want to
1:03:25
screw with him because you're an officer of
1:03:26
the ATC and you want to take his
1:03:28
license or you want to do more and
1:03:30
You decide you don't like him, but you're
1:03:32
strapping and he pisses you off Guess what
1:03:35
if you feel threatened or in an emergency
1:03:36
you can do it in that discretion is
1:03:38
yours he tries to now it is no
1:03:40
longer a An administrative thing is it And
1:03:46
what if he escalates it fourth amendment out
1:03:50
the window doesn't matter.
1:03:52
It's only on his on his Discretion right
1:03:56
there on the site Nonsense shouldn't be that
1:04:00
way so that is why I have shared
1:04:03
with you this article Next week.
1:04:06
I will share with you this house bill
1:04:08
2378 the quiet let us shade Legislative creep
1:04:11
if you want an early copy send me
1:04:13
an email to Samuel T Civic outlaws comm
1:04:16
and I will happily share a copy of
1:04:19
it with you It may be I think
1:04:21
I'm gonna put it out of my LinkedIn
1:04:22
page early as well the clandestine Agency Police
1:04:27
Department, I'm gonna make sure is Properly logged
1:04:31
to and I have have shared that with
1:04:33
you.
1:04:33
That is all I have for you today
1:04:36
and I Appreciate you listening to civic outlaws.
1:04:41
I'm glad you're here.
1:04:42
I encourage you to go out to Civic
1:04:47
outlaws calm and support our activities we are
1:04:53
doing some very good things in trying to
1:04:57
keep the bureaucratic class You know that creates
1:05:03
their own Creates their own regulatory Basis to
1:05:12
Regulate you we're trying to keep them in
1:05:15
line to the extent possible and I encourage
1:05:18
you to Do that along with us to
1:05:22
to participate Civic outlaws calm you can send
1:05:26
me an email Samuel T Civic outlaws calm
1:05:30
if you have a particular area you would
1:05:32
like to go to This is about alcohol
1:05:35
tobacco and their overreach We're also have things
1:05:40
going on with flock cameras in the danger
1:05:43
of those And how similar things have happened
1:05:46
in there and a couple other actions that
1:05:48
you can find on our website.
1:05:50
We Encourage you to do so and to
1:05:54
support our efforts of our 501 c3 with
1:05:59
the education of the public if you'd like
1:06:01
to get on and talk with me about
1:06:03
a particular Irritant of bureaucracy.
1:06:07
I'd be happy to do so.
1:06:10
I appreciate you being here Thank you very
1:06:13
much and have a very Good mid-missouri
1:06:16
day