Wednesday, March 9,1988/The Battalion/Page 5
Alcohol servers learn
how to avoid lawsuits
ttorneys say
ailey could
face default
DALLAS (AP) — The attorney
epresenting the family of Mar-
aret “Peggy” Railey said Monday
bat former Methodist minister
iValker Railey has a week to re
pond to a damage suit or face a
>ossible default judgment.
Railey may have been served in
alifornia on Feb. 16 with a copy
)f the lawsuit hied Feb. 2 by his
nother-in-law, Billie Jo Nicolai,
hich would mean he had until
Monday to respond.
But Railey’s attorney, Doug
Mulder, said that service was not
iroper. And Nicolai’s attorney,
(ill Arnold, said he would wait
nother week before seeking a
default judgment, based on a sep
arate notice served through the
Texas secretary of state’s office.
“If he’s not going to respond to
ither of them, I’ll just do one
notion for default judgment,”
igWto Arnold said, referring to a
|udgment in which a judge could
ule against Railey and award
amages.
Nicolai asked for an unspeci-
ied amount of damages in her
Suit against Railey, accusing him
if the April 21, 1987, near-fatal
hoking attack that left his wife in
a coma.
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SCity council member confronts police
Railey was not charged in the
ssault. Police said they are still
nvestigating the case, which went
)efore a grand jury in July. Railey
as subpoenaed by the grand
ury last July, exercising his Fifth
010110 |Amendment right against self-in-
rimination 43 times.
By Mary-Lynne Rice
Staff Writer
With the development of the
Texas Safety Association’s Responsi
ble Alcohol Service Program, the
more than 1 million alcohol servers
in Texas can learn how to prevent
customer intoxication and avoid liti
gation in DWI suits involving their
patrons.
RASP is a modified version of an
alcohol responsibility program de
veloped by the National Public Serv
ice Reseach Institute. Dr. Maury
Dennis, Texas A&M preofessor and
coordinator of safety training, and
Dr. Roy CL Moss of Sam Houston
State University tailored the pro
gram to meet specific Texas regula
tions.
Dennis said RASP takes a new ap
proach to alcohol awareness and
DWI prevention. “There have been
a number of efforts through the
years to train the person (drinker)
him or herself ,” he said.
“But then you’re asking a person
who’s under the influence, whose
brain is affected by alcohol, to make
a rational decision,” he said.
The alcohol servers program aims
training at the alcohol server instead
of the drinker.
Texas law states that an already-
intoxicated person shall not be
served alcohol, Dennis said. But that
leaves the subjective judgment of de
termining the point and level of in
toxication to the server, who, with
out proper training, may not be
qualified tojudge.
“They can only go strictly on out
ward signs of intoxication,” he said.
“But once someone is intoxicated,
there are limited options.
Illustration by Carol Wells
“Early research shows that if you
train the servers, they are more
likely to pick up cues and adjust
serving patterns. Preferably, they
will work on adjusting service pat
terns to prevent intoxication from
happening.”
Restaurants, bars or stores that
continue to serve alcohol to intoxi
cated patrons or allow them to drive
have found themselves named in
court cases increasingly often for
negligence.
In a case taken to the Texas Su
preme Court, a man injured in an
accident by an intoxicated driver
coming from an El Chico restaurant
sued both the driver and the restau
rant. Although the restaurant’s legal
liabilities were questioned, the Court
allowed the case to stand.
“They ruled not on the merits of
the case,” Dennis said, “but that
there was the right to institute it.”
In accordance with the Texas
Legislature’s September ruling,
however, restaurant and baf- owners
and managers are not held liable in
patrons’ court cases if their employ
ees have completed an approved al
cohol server training program.
“If people are going to be in
volved in a business where they will
be selling a potentially dangerous
drug (alcohol),” Dennis said, “they
should take reasonable action to pre
clude the danger. We’re trying to
stress what’s reasonable.”
Dennis and Moss’s program is
written' for TSA-approved trainers
who will train individual alcohol
servers. Each trainer attends a two-
day workshop, and theif contacts
restaurants and bars in areas near
them to offer the program to em
ployees.
RASP includes instruction in:
• Drunken driver statistics.
• At-risk groups.
• Alcohol's effects on behavior.
• Anti-drunken driving laws.
• Preventing intoxication.
• Intervention techniques.
• Alcoholic Beverage Commis
sion laws and regulations.
• Alcohol consumption.
• High risk hours.
• Blood alcohol content.
• Server liability laws.
Those wanting additional infor
mation on becoming RASP partici
pants should contact Robert Draper,
vice president for highway and
driver safety, at the Texas Safety As
sociation, P.O. Box 9345, Austin,
78766-9345.
if DALLAS (AP) — Off-duty police
officers gathered signatures Tues
day at polling places across Dallas in
a|drive to abolish a citizens review
■board, but said they abandoned
their efforts at one site after being
confronted by a City Council mem
ber.
B"In at least one of the polling
places, we had to leave because
(Mayor Pro Tern) Diane Ragsdale
and some of her cohorts started to
create problems, so we just decided
to leave because it was not worth it,”
!said Dallas Police Association Presi
dent Monica Smith.
“Ms. Ragsdale started an argu
ment, trying to convince people not
to sign the petitions, and rather than
getting it to escalate, we pulled out,”
Smith said. “You are not going to
win an argument with her. . . . We
did not feel we wanted to be in a po
sition to argue with a city coun
cilman.”
Smith said the confrontation oc
curred at the Metropolitan Street
polling place in South Dallas and
there were reports of others.
The council member denied that
tliere had been.a confrontation.
“That’s not true,” Ragsdale said.
“This gentleman wanted to know
from me what to do. He wanted to
know about the issue because, you
know, many of them —actually,
some of our citizens, seniors — really
don’t know.
“They do not realize what they are
doing. They attempted to circum
vent their policy makers.”
But one DPA spokesman said
Ragsdale grabbed one man trying to
sign a petition.
“She was telling people not to sign
the petitions and we even had one
instance where Diane physically,
right in the middle of a citizen sign
ing a petition, physically grabbed
him, pulled him across the street and ;
told him not to sign our petition," ?
said the association’s Larry McGo- •,
wan.
Smith said signatures were being
collected at polling places citywide '
by about 1,400 off-duty officers, 200
to 300 Firefighters and their families.
The DPA’s campaign to abolish
the Dallas Citizens Police Review
Board has drawn opposition from a
coalition of black business, commu
nity, church and elected leaders.
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