Utah Senate President Mike Waddoups Doesn't Want Kids To See Adults Pour Drinks, Leads Opposition To Governor Huntsman's Liquor Law Reforms

Updated post about January 7th committee hearing HERE.


While Utah's left-wing media and blogosphere have been obsessing with socially-conservative lawmakers like Chris Buttars, Margaret Dayton, and even Curt Bramble, Senate President Mike Waddoups (R-Taylorsville) has snuck in under the radar. And he's worthy of greater public scrutiny.

Waddoups doesn't like the idea that kids can watch adults pour drinks at Utah restaurants. He thinks it'll make them all grow up to be alcoholics. The problem is that he's the Senate President, others in the Republican caucus share his opinion, and they're leading the opposition to efforts by Governor Jon Huntsman Jr. to liberalize Utah's antiquated and feudalistic liquor laws in order to make Utah more tourist-friendly. Full story published by the Deseret News, a December 31st Salt Lake Tribune story, and KSL Channel 5 (359 comments). Salt Lake Crawler blogmeister Glen Warchol has also weighed in.

One of Huntsman's proposals is to eliminate private club memberships, and the majority Senate GOP caucus has already opposed this initiative. But now the Administrative Rules Committee is going much further; on Wednesday January 7th, they will consider whether the existing barriers intended to separate restaurant customers from alcoholic drink preparations are enough — even though Huntsman has questioned their necessity. Senator Waddoups had this to say: "Restaurants are turning into bars. It's making it look attractive. Kids see it and wonder what they're missing. I think we need to be a little more strict".

Currently, many restaurants have installed glass barriers between where drinks are mixed and the counters where customers are served. Customers cannot be served over the barriers; their food and drink orders have to be brought around the counters. But Waddoups doesn't consider this measure sufficient; he would prefer to see an opaque physical barrier erected in restaurants blocking the view of alcohol or better yet, move the preparation of drinks into a back room.

The issue of whether the state Department of Alcoholic Beverage Control (DABC) needs to tighten its rules is also being raised before the committee by former Senate President John Valentine (R-Orem) and the committee chairman, Sen. Howard Stephenson (R-Draper). But perhaps these lawmakers need to ascertain whether the current laws are still effective; a December police sting in Vernal netted eight establishments which sold alcohol to minors.

But DABC demurs. "We've certainly tried to stay within the law and enforce the law," said Earl Dorius, the department's regulatory director. He said the existing barriers have been used for a long, long time. But Dorius declined to comment on the debate or on whether it was reasonable to expect restaurants, especially national chains designed with bar-like counters, to go along with moving mixing behind closed doors.

Governor Huntsman is optimistic that his liberalization efforts will bear fruit, although the ripening process will be quite slow. He pointed out he's already succeeded in making other changes in the state's liquor laws, including increasing the amount of alcohol in most mixed drinks.

Analysis: People were roasting Chris Buttars for his "black baby" remark, but are ignoring Waddoups? You've got to be kidding! With all due respect to Senator Waddoups, this is one of the most petty concerns ever expressed by a Utah lawmaker. Can these people truly believe that if a child watches a bartender pour a drink, the child will grow up to be an alcoholic?

Part of Senator Waddoups' problem is that he is too personally invested in the situation. His wife was struck and seriously injured by a drunk driver years ago, and he took it far too personally, thus damaging his objectivity as a lawmaker. I don't believe he's capable of judging this situation on the basis of its absolute merit.

Salt Lake Crawler blogmeister Glen Warchol proposes a compromise solution in which he tears a page out of Texas' book. He proposes "wet" and "dry" counties. He suggests the legislature simply grant power to the counties to determine this issue for themselves. This would be a good interim compromise.

Perhaps Mike Waddoups and his Senate GOP colleagues should redirect their concerns towards protecting the pocketbooks of Utah taxpayers. Currently, Utah Attorney General Mark Shurtleff is talking about suing the BCS because Utah was frozen out. Undoubtedly, public money would be involved; would this be a wise use of taxpayer dollars when Utah State University and other schools are contemplating layoffs because of budget cuts? Absolutely not. [Ed. Note: USU faces the possibility of laying off as many as 660 people if budget cuts are passed.]

It's time for lawmakers to re-direct their focus upon issues that actually matter to the Utah taxpayer.

Another O.J.? Woman Tries To Break Up With Boyfriend, Pays Supreme Price; Johnny Maurice Bell Confesses To Murder Of Brittany Nichols In North Ogden

Update September 8th: Johnny Maurice Bell sentenced to 16 years in prison; updated post HERE.


It looks like we found another "O.J.", albeit too late for his victim. Twenty-one-year-old Johnny Maurice Bell (pictured at left) has confessed to the murder of his late girlfriend, Brittany Nichols, of North Ogden, Utah. It is the first murder in normally-safe North Ogden in 12 years, and the first murder in Utah for 2009. Full story published by the Ogden Standard-Examiner, the Deseret News, the Salt Lake Tribune (HERE and HERE), KUTV Channel 2 with video, and KSL Channel 5 with video. Additional coverage by WhiteCivilRights.com and on Stormfront.

The murder was discovered by Nichols’ father, who North Ogden Police Chief Polo Afuvai declined to identify because the family, which lives in the Layton area, is still in deep shock. Nichols' father had been unable to reach his daughter by telephone on Sunday January 4th, so at about 1 p.m. he drove to her apartment at 2421 N. 400 E. He said she had lived in the apartment with Bell for the past four months.

Because the father could not get anyone to answer the door, he let himself into the apartment. When he saw blood on the floor he ran upstairs and found his daughter in her bedroom. And she was dead. A subsequent autopsy showed that Nichols died from multiple stab wounds in her upper and lower body.

Police immediately responded, and after interviewing acquaintances, suspicion fell on Johnny Bell. Police found out that he was on a Greyhound Bus headed for San Bernardino. They stopped the bus in Cove Fort and arrested Bell. Bell allegedly told the arresting detective that he had stabbed Nichols to death in a fight that began Sunday when she told him that their four month relationship was over. Brittany Nichols is identified as Caucasian; it is unknown if racial differences specifically contributed to the breakup. There was no prior history of domestic violence reported between the two. Bell has been booked into the Weber County Jail and is being held without bail, charged with first degree criminal homicide. Bell has no prior criminal record. On Tuesday January 6th, Bell was also charged with third degree felony domestic violence in the presence of a child, in addition to murder. On Wednesday January 7th, Bell's bail was set at $500,000, with another hearing on January 13th.

KSL reports that Brittany Nichols leaves behind a toddler. The Standard-Examiner now reports that the toddler is three-year old Trinity Rose Nichols, and that she was present at the scene the whole time. Just think about it - this innocent little girl had to witness this beast snap and brutally hack her mother to death.

If found guilty, Johnny Bell deserves the death penalty, regardless of how much his sister "covered" for him on the Standard-Examiner's comments section.

According to Wikipedia, interracial romances are on the rise. Black men with white women are twice as common as white men with black women. White men have a greater tendency to choose Asian women than black women. But although interracial relationships, being heavily promoted by the mainstream media in general and the entertainment industry in particular, are becoming more commonplace, this doesn't mean they are without risk. Those who believe race doesn't matter haven't spent appreciable time in minority communities. Many blacks remain skeptical of interracial liaisons, as brought out on a post on the Black Voices blog.

Dr. David Duke also delivers his perspective on interracial relationships, and discusses the potential and actual dangers in this 46 minute Google video. Specifically, he discusses the case of Jana Shearer in Tyler, Texas, who was killed, cooked, and partially eaten by Christopher McCuin.



Christopher McCuin's criminal record would have tipped Jana Shearer off to the potential of serious trouble. But Johnny Bell had no criminal record - yet when Brittany Nichols tried to break off the relationship with him, he snapped - and carved her up.

Eight Area Businesses Caught Selling Alcohol To Minors During A December Sting In Vernal, Utah; Could Sabotage Utah's Effort To Liberalize Liquor Laws

Primary Utah media outlets are just now picking up the story about an official Utah state liquor store caught selling alcohol to a minor during a December sting in Vernal, Utah. Stories have been published by the Deseret News, the Salt Lake Tribune, and KSL Channel 5 (each replete with public comments).

But their stories barely scratch the surface. According to the original story published December 23rd, 2008 in the Vernal Express, eight different businesses in the Vernal area were nabbed for selling alcohol to minors during the sting conducted on December 5-6. The businesses are listed as follows:

Two-Time Offenders:
-- Laverne & Shirley’s Conoco, 1175 E. Hwy 40, Vernal
-- Top Stop Chevron, 722 W. Hwy 40, Vernal
-- Maeser 7-Eleven, 500 N. 2500 W., Maeser
-- Jensen Sinclair, 9475 E. 6000 S, Jensen

First Offenders:
-- Department of Alcoholic Beverage Control Store #28, 675 E. Main St., Vernal
-- Maverick, 951 W. Hwy 40, Vernal
-- Winger’s Diner, 1797 W. 1000 S., Vernal
-- Randlett Mercantile, 10329 E. 4250 S., Vernal

The December 5-6 sting was the second quarterly sting conducted by the Vernal Police Department. They sent a 16-year-old and an 18-year-old in to the stores to attempt to buy alcohol in conjunction with the state's "Eliminate Alcohol Sales to Youth" program. The two presented their real drivers licenses as identification. The two-time offenders were also caught selling to minors during the first sting operation conducted in early August.

In a separate sting operation on December 14th, a 20-year-old patron purchased and consumed alcohol at Cassidy’s Club, 1350 E Main St. Though not a part of the Dec. 5-6 operation, the club was part of the August sting and was found to be in violation at that time.

But it was the sale at the state liquor store that became particularly newsworthy, attracting the special ire of Vernal Police Chief Gary Jensen and Vernal City Council members. “I was a little disappointed. They didn’t seem to be too uptight about it,” Jensen said. “There is an irony here. If you are a person selling alcohol in any one of these convenience stores, by UDABC rules you have to have a name tag. In Vernal, they opted themselves out of that in their store.” The employee who sold to the minor was not wearing a name tag.

Jensen also explained that the 18-year-old who was successful in buying alcohol from the state store was not even asked for his ID. “Typically people will actually ask for ID, and our youth, with confidence, give it to them.” And there's nothing subtle about it. A minor’s drivers licenses states clearly, “Under 21 until (date)” and is formatted vertically rather than horizontally. It's actually written on the license.

Jensen said he spoke with the director of the Department of Alcoholic Beverage Control who indicated he was looking forward to addressing the council, adding he was sorry and disappointed with his group in Vernal. The UDABC director and representatives from the other businesses that sold to the minors will have the opportunity to describe what each intends to do to end underage sales when the council meets January 7th. All will receive a letter from Vernal City Mayor Allan Mashburn mandating their presence. Five of them were specifically identified on the City Council's published agenda for the meeting.

“I find the irony of this amusing because the state moved a whole line of alcohol products out of the grocery stores and into the state liquor agencies so they’d be more secure, so the kids would be less likely to get into the malt liquor things,” said council member Jo Ann Cowan. “Then a 16-year-old kid can walk into there and buy it where if he tried to buy from a grocery store, he would have been ID’d at either Smiths or Jubilee or WalMart. But he goes to the state liquor store and he can get it. That’s surely not what the legislature intended.”

Stores selling alcohol to minors could lose their license to sell alcohol. The local public is invited to attend the 7 P.M. January 7th meeting of the Vernal City Council at 447 E. Main St.

For those who are unfamiliar with Utah's unusual liquor laws, explanations are available both officially and in plain English.

Another possible reason that Vernal city authorities are reacting so strongly to the outcome of this sting is because of a serious move afoot to liberalize Utah's liquor laws. Not only is Utah Governor Jon Huntsman Jr. leading this effort, but the LDS Church has relaxed their previous open opposition to change. However, Utah State Senate President Mike Waddoups (District 6, R-West Jordan) is known to be opposed to liberalizing liquor laws; not only does he believe it will lead to an upsurge in underage drinking and DUI’s, but he's personally invested in maintaining the present system because his wife was badly hurt in a car accident involving another motorist who was driving under the influence. And Mike Waddoups' opposition is hardly just anecdotal; as Senate President, he has the power to unilaterally kill any bills he doesn't like.

Consequently, to soften Waddoups' opposition, the Vernal City Council needs to react strongly at the January 7th meeting. They should suspend the alcohol licenses of the four two-time offenders for a period of at least six months to send a message that liberalization of liquor laws not only will not result in an upsurge of abuse, but that those who attempt or facilitate the unlawful purchase of alcohol will be swiftly and vigorously punished. Indeed, according to this other Vernal Express story, it's almost guaranteed that both Laverne & Shirley's and Top Stop will emerge from the January 7th meeting with a suspension, at the very least.

Prominent Utah Lawyers Sound Off About The Allegedly Race-Motivated Traffic Stop Of Sherida Felders In Cedar City, Utah

Update January 9th: KSL has posted a news video which includes a 22-minute Dashcam Video of the traffic stop. Updated post HERE.


The Federal racial profiling suit filed by Sherida Felders, despite the plaintiff's obvious anti-white bias on the surface, has opened up some legitimate questions about the Fourth Amendment and police searches. Specifically, when can police search a vehicle without a warrant? And on January 4th, 2009, the Salt Lake Tribune recorded the opinions of three different attorneys, one of who is Felders' lawyer.

To recap the incident, discussed in greater detail in this previous post, Sherida Felders admits she was speeding as she traveled on Interstate 15 on November 20th, 2008, but claims the search by a Utah Highway Patrol officer of her Jeep Commander for drugs was based on racial profiling. She and her two teenage passengers, all blacks, were detained for 2 1/2 hours while UHP searched the vehicle for drugs. First, a police dog was used, but when the dog failed to alert, the UHP trooper took the next step and physcially searched the interior of the vehicle itself. Felders claims some chronic medical conditions were aggravated because of the protracted search, and so she's filed suit. A UHP spokesman says the agency is reviewing the allegations and had started an internal investigation before the lawsuit was filed. No drugs were found during the search.

Suit Documents:
-- Civil cover sheet
-- Copy of lawsuit
-- Complaint filed by Felders

The two Salt Lake City attorneys who are not involved in the case said law-enforcement officers must have a reason to believe a crime has occurred before they can do more than issue a ticket. Civil rights lawyer Brian Barnard said a stop has to be justified in the first place, meaning officers must have a reasonable suspicion that a driver is committing a traffic offense. Once the initial purpose for a stop is concluded, the motorist must be allowed to depart unless the officer has probable cause to suspect other illegal activity, such as spotting a gun inside the car or any illegal item in plain view, such as drugs or an open container of an alcoholic beverage. Neverthelss, absent some illegal conduct or circumstances, that alone would not justify a search of the entire vehicle without a warrant. And consent must be freely given.

Clayton Simms, a criminal defense attorney, said police must focus on the crime that led to the stop in the first place. If other evidence surfaces after a stop, such as the smell of alcohol on the driver's breath, officers can put the motorist through sobriety tests. He also said whether a stop exceeds its scope depends on a number of factors, such as the reason for stopping the driver, the length of the detention, the extent of the search and the number of officers involved.

Attorney Robert Sykes, who represents Felders, has acknowledged that I-15 is a popular route for drug smugglers, but said there was no reason to believe his client was one of them. He said the trooper did not have a warrant or Felders' permission to search the vehicle and no emergency circumstances existed -- such as destruction of evidence or danger to the public -- to justify a warrantless search.

But what hasn't been addressed at length is how Felders and the two teenagers behaved during the traffic stop. Many teenagers in general, and black teenagers in particular, are notorious for copping an attitude when dealing with authority. Felders claims they behaved properly during the prolonged stop, but what's their definition of "proper"? It's quite possible that the two teens may have mouthed off to the cop during the stop. This would not excuse unprofessional police behavior, but might cause the cop to become more suspicious and investigate more fully and vigorously.

Here's a YouTube video demonstrating how both police and the public should behave during a traffic stop:

http://www.youtube.com/watch?v=rz6T1wAmjH8



Some additional understanding of the police perspective on traffic stops is in order. Posts in this particular cop discussion thread provide additional insight into the mindset of cops on traffic stops. It shows that cops are trained to consider the traffic stop to be the most potentially dangerous encounter, simply because of its unpredictability. Consequently, it is incumbent upon the citizen to behave in such a fashion as to demonstrate that the citizen poses NO IMMEDIATE THREAT to the personal safety of a police officer.

While dragging the race card into this situation is despicable, it should not blind us to the possibility that a very real violation of the Fourth Amendment may have occurred in this case.

Sugar Is Sweet: Utah Utes Conclude Perfect 13-0 College Football Campaign With 31-17 Win Over Alabama Crimson Tide

Unlike the Fiesta Bowl in 2005, which was a letdown when a then-unbeated Utah faced 8-3 Pittsburgh, and unsurprisingly wore them down 35-7, the Utes had a more suitable opponent in the 2009 Sugar Bowl. The University of Alabama was 12-0 at one point, was number one in the nation for five weeks, but Utah parlayed an early 21-0 lead into a 31-17 victory. National story from Sports Illustrated.

Utah Media Stories:

-- No. 6 Utah beats No. 4 Alabama 31-17 in Sugar Bowl, KSL Channel 5
-- GAME BLOG: Utah 31 Alabama 17, KSL Channel 5
-- Utes cap undefeated season with convincing Sugar Bowl victory over Alabama, Deseret News
-- Utah Utes-Sugar Bowl live game blog, Deseret News
-- Sugar Bowl: Utes stun 'Bama with dominating win, Salt Lake Tribune
-- Repeat: Utah knocks off another big-name opponent, Deseret News
-- Utah Utes football: Who's No. 1? Utes feel like they've made their case, Deseret News
-- From the wires: U. makes believers out of Tide, SEC, BCS, Deseret News
-- From the wires: Sugar Bowl was indeed a mismatch, Deseret News
-- Utah Utes football: Saban knew Utes were good, but team didn't believe, Deseret News
-- Utah Utes football: Fans galvanized by 31-17 victory, Deseret News

Alabama Media Stories:

-- Sugar Bowl final: Utah 31 Alabama 17, The Birmingham News
-- Alabama’s season ends in Sugar Bowl thud, Opelika Auburn News
-- Size doesn’t matter, execution does, Capstone Report, AL
-- Sugar Bowl: Saban Post-Game Quotes, CBS42, AL
-- No. 7 Utah rolls over No. 4 Alabama 31-17, WWL New Orleans.

ESPN Game Summary HERE.

I had the pleasure of watching this game, and was astounded at how the Utes were firing on eight cylinders right out of the box. It took only five plays for the Utes to score first, then they scored in their next two possessions. Just like that, 21-0.

However, I knew better than to relax. Alabama didn't go 12-1 because of their looks. They played in the tough Southeast Conference. And sure enough, they fought back. First, a field goal to make it 21-3. Then, a punt return to narrow the gap to 21-10. And early in the second half, a touchdown run to bring the Crimson Tide within 21-17. The momentum had apparently shifted.

But Utah stiffened, and fired back just a little over a minute later with a TD of their own to make it 28-17. And there it remained until late in the fourth quarter. Knowing Alabama's capabilities, I was not comfortable with a mere 11-point lead. Then with 5:49 left, it happened: Alabama fumbled, Utah recovered. I could relax, even more so when Utah banged home a field goal shortly thereafter to make it 31-17. But the final nail wasn't driven home until 2:49 when Utah intercepted an Alabama pass. At that point, I knew it was over. Utah prevailed in three key areas; passing yards, time of possession, and fewer turnovers.

Comments posted by Alabama fans to the Birmingham News show that they're disappointed, but accept that Utah played a better game. Some take issue with Auburn fans who apparently were unwilling to set their intra-state rivalry aside and support the Crimson Tide. Some question whether or not the outcome would have been different had suspended Outland Trophy winner Andre Smith been available. Alabama fans need not be ashamed of their team; they gave the Utes a better contest than Pittsburgh did in 2005.

Although Utah is now the only unbeaten college football team in the country, there is some question whether or not they have a chance to be number one, since the Mountain West Conference is not a BCS conference. Most likely the number one team will be the winner of Florida vs. Oklahoma in the Orange Bowl on January 9th.