Gasparilla to test new booze rule

The change in enforcing alcohol violations at the Gasparilla parade can be traced back two years, and to one man.

For years, those caught with an open container of alcohol at the parade were arrested on a misdemeanor charge of violating the city's alcohol ordinance. The rule applied city-wide and year-round but was most noticeable at the Gasparilla parade, where arrests tended to be in the hundreds.

But from now on, those caught with an open container — including at Saturday's Gasparilla parade — won't be arrested. Instead, police will issue citations similar to traffic tickets.

The idea for the change came from Tampa Police Officer Jason Cella, who nearly two years ago was assigned to work in the South Howard Avenue entertainment district.

His role was to help maintain order in SOHO, where residents over the years had raised concerns about unruly bar patrons. Cella and a partner kept an eye on the area, with its dense row of bars and restaurants populated with young professionals.

One recurring issue was patrons walking from bar to bar with a drink in hand. Cella routinely would arrest them, then listen to complaints from those arrested that they weren't aware of the ordinance or were from another state where people can walk with an open drink in an entertainment district. They also weren't happy about having to miss a day from work to make the court date.

So he started thinking about alternatives.

"It was putting myself in their position," said Cella, 35. "You start to think there has to be a better way."

Cella researched alternatives and emailed police Chief Jane Castor suggesting police write citations instead of making arrests.

He didn't give his suggestion much hope. Then a supervisor told him the Tampa City Council was soon going to vote on making the switch.

The council approved the ordinance in September.

"I feel very proud," said Cella, a Tampa police officer for nine years. "I had this idea and presented it to the chief and it came all this way. I hope the people at Gasparilla and in the future are a little happier paying a fine to having to deal with … a court date," he said.

Tampa police didn't start enforcing the new rule until last week because the department's attorney had to draft a "legal bulletin" with ordinance instructions. The citations also had to be created and printed, said police spokeswoman Andrea Davis.

Adults with open containers of alcohol in unauthorized areas, including at Gasparilla, will receive a citation. The first offense costs $75. The second will be $150, the third offense $300 and the fourth offense $450, Davis said.

At last year's Gasparilla, Tampa police arrested 277 people on charges of violating the open container ordinance. Police arrested 367 people the year before, police statistics show.

The citations and fines can be fought in court. One Hillsborough County judge will be assigned to hear the cases, said Ernest Mueller, an assistant city attorney.

Vicki Pollyea, president of the Bayshore Gardens Neighborhood Association, said she's curious to see how the citation effort works. Some police officers might feel a citation carries less weight and thus issue fewer of them, Pollyea said. But she said the new process seems more efficient and might cause officers to write more citations because the process isn't as arduous as arresting someone, writing a report and transporting them to jail.

"Whatever is used I just don't want to see more out-of-control drinking behavior in my neighborhood," said Pollyea, whose home is a block from the SOHO district.