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Four students from the helicopter incident during tailgating charged

dwiz

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Aug 4, 2002
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I'm not sure where the crime is...it looks like they organized a huge party that they charged $10 to get in to. Alcohol was not included with the $10 entry fee, yet they are charged with misdemeanors for alcohol violations.

From the crappy CDT:

Four months after a “massive” tailgate party outside of Beaver Stadium prompted Pennsylvania state police to use a low-flying helicopter to disperse the crowd, four Penn State students have been charged.

They face alcohol-related misdemeanors.

Two undercover Bureau of Liquor Control Enforcement officers were monitoring the tailgate in a parking lot outside Beaver Stadium ahead of the Sept. 29 football game with Ohio State and purchased a $10 wristband to “attend the party.”

As students were using smelling salts to “bring you around” and shotgunning beers, Pennsylvania state police sent in a helicopter and a group of horses to disperse the crowd. Instead, the crowd of about 600 people became unruly and ignored orders from police.

Connor Fitzgerald, 22, and Joshua Spear, 22, told police they organized the tailgate alongside 18 other fraternities and sororities. In a written statement, both Fitzgerald and Spear said it was a tradition for seniors in the Greek community to set up a tailgate at home football games.

Fitzgerald, a member of Beta Sigma Beta, said the first tailgate was before the Nittany Lions’ season opener against Appalachian State. He also said Mark Lunney Jr., 22, and Jared Bouer, 21, helped organize the event.

Spear, a member of Sigma Alpha Mu, said the quartet worked together to purchase parking passes, tents, tables, speakers, generators, catering, cigarettes, cups, snacks, water, soda, outdoor games and a DJ for the tailgate. Alcohol was not included with the purchase of a wristband.

Officers also searched Spear and Fitzgerald’s apartments at Centre Court and the Rise, respectively. A sketch of the Penn State-Ohio State tailgate and blue wristbands were found in Spear’s room, while “large U.S. currency transactions” were found in Fitzgerald’s Venmo account.

Fitzgerald said he collected money for the tailgate and kept $1,300 as his “cut.” Messages between Spear and Fitzgerald about organizing the tailgate were also obtained by police.

All four were charged with three alcohol-related misdemeanors and each has a preliminary hearing scheduled for March 13.

The Federal Aviation Administration announced it would be investigating the incident, while Penn State police announced it would “discontinue use of a helicopter to make crowd announcements at football games pending an assessment.”

The FAA said Thursday that the investigation has been completed, but required a Freedom of Information Act request to release its findings.
 
I have to ask....how could people be so dumb as to pay these knuckleheads for access to that?
 
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Aside from any issues with alcohol, is it legal to charge people to attend a tailgate on public property? It's one thing to get a few friends to pitch in a few bucks for food, which could be paid at any time, but it doesn't seem right for a couple of students to be charging hundreds of people $10 admission (for a wristband). That sounds like an official function from an official organization, which this was not. It's not like these kids were going to report the money as taxable income.
 
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Aside from any issues with alcohol, is it legal to charge money to attend a tailgate on public property? It's one thing to get a few friends to pitch in a few bucks for food, which could be paid at any time, but it doesn't seem right for a couple of students to be charging hundreds of people $10 admission (for a wristband). That sounds like an official function from an official organization, which this was not. It's not like these kids were going to report the money as taxable income.
I see no problem with charging people $ for the privilege of hanging out with me and listening to my music.
 
Sure. The $10 was for admittance and didn't include alcohol. {wink, wink} :rolleyes: Another example of college kids not being as smart as they think they are. If there was alcohol present they would still need to make arrangements to be sure minors didn't get their hands on any. I'd bet they didn't do that.
 
I'm not sure where the crime is...it looks like they organized a huge party that they charged $10 to get in to. Alcohol was not included with the $10 entry fee, yet they are charged with misdemeanors for alcohol violations.

From the crappy CDT:

Four months after a “massive” tailgate party outside of Beaver Stadium prompted Pennsylvania state police to use a low-flying helicopter to disperse the crowd, four Penn State students have been charged.

They face alcohol-related misdemeanors.

Two undercover Bureau of Liquor Control Enforcement officers were monitoring the tailgate in a parking lot outside Beaver Stadium ahead of the Sept. 29 football game with Ohio State and purchased a $10 wristband to “attend the party.”

As students were using smelling salts to “bring you around” and shotgunning beers, Pennsylvania state police sent in a helicopter and a group of horses to disperse the crowd. Instead, the crowd of about 600 people became unruly and ignored orders from police.

Connor Fitzgerald, 22, and Joshua Spear, 22, told police they organized the tailgate alongside 18 other fraternities and sororities. In a written statement, both Fitzgerald and Spear said it was a tradition for seniors in the Greek community to set up a tailgate at home football games.

Fitzgerald, a member of Beta Sigma Beta, said the first tailgate was before the Nittany Lions’ season opener against Appalachian State. He also said Mark Lunney Jr., 22, and Jared Bouer, 21, helped organize the event.

Spear, a member of Sigma Alpha Mu, said the quartet worked together to purchase parking passes, tents, tables, speakers, generators, catering, cigarettes, cups, snacks, water, soda, outdoor games and a DJ for the tailgate. Alcohol was not included with the purchase of a wristband.

Officers also searched Spear and Fitzgerald’s apartments at Centre Court and the Rise, respectively. A sketch of the Penn State-Ohio State tailgate and blue wristbands were found in Spear’s room, while “large U.S. currency transactions” were found in Fitzgerald’s Venmo account.

Fitzgerald said he collected money for the tailgate and kept $1,300 as his “cut.” Messages between Spear and Fitzgerald about organizing the tailgate were also obtained by police.

All four were charged with three alcohol-related misdemeanors and each has a preliminary hearing scheduled for March 13.

The Federal Aviation Administration announced it would be investigating the incident, while Penn State police announced it would “discontinue use of a helicopter to make crowd announcements at football games pending an assessment.”

The FAA said Thursday that the investigation has been completed, but required a Freedom of Information Act request to release its findings.
my experience with the police is that they will find a way to take you down it they want to (see Curley, Schultz and Spanier). In this case, the cops are embarrassed so needed to find a way to justify their ridiculous actions.

I am sure it came to everyone's surprise that college kids drink at PSU football games.
 
If they were using "wristbands", they certainly would have had the opportunity to check IDs when the wristbands were purchased.... and then require wristbands to have access to the alcohol.
Did they? I have no idea.... but they woulda' been pretty stoopid if they didn't (especially if this was billed as a "Senior" party)
Dean Wermer, is that you?
 
Aside from any issues with alcohol, is it legal to charge money to attend a tailgate on public property? It's one thing to get a few friends to pitch in a few bucks for food, which could be paid at any time, but it doesn't seem right for a couple of students to be charging hundreds of people $10 admission (for a wristband). That sounds like an official function from an official organization, which this was not. It's not like these kids were going to report the money as taxable income.

They were going to make it pot luck, but then people got the wrong idea about what kind of pot......
 
I believe these young entrepreneurs should be applauded for their efforts!
tenor.gif
 
Took about 15 seconds to find the docket sheet for one of the participants. I don't know details about the case but the rampant speculation and system bashing without taking the simple steps to determine the truth is problematic and indicative of our current call-out society. https://ujsportal.pacourts.us/DocketSheets/MDJReport.ashx?docketNumber=MJ-49201-CR-0000057-2019&dnh=iH8e93lHmy9g5wiuAn806w==

4-492 subsection 2-(2) Sales of malt or brewed beverages for consumption on the premises.  For any person, to sell to another for consumption upon the premises where sold or to permit another to consume upon the premises where sold, any malt or brewed beverages, unless such person holds a valid retail dispenser license or a valid liquor license issued by the board authorizing the sale of malt or brewed beverages for consumption upon such premises.

4-491 subsection 1-
It shall be unlawful--

(1) Sales of Liquor. For any person, by himself or by an employe or agent, to expose or keep for sale, or directly or indirectly, or upon any pretense or upon any device, to sell or offer to sell any liquor within this Commonwealth, except in accordance with the provisions of this act and the regulations of the board.  This clause shall not be construed to prohibit hospitals, physicians, dentists or veterinarians who are licensed and registered under the laws of this Commonwealth from administering liquor in the regular course of their professional work and taking into account the cost of the liquor so administered in making charges for their professional service, or a pharmacist duly licensed and registered under the laws of this Commonwealth from dispensing liquor on a prescription of a duly licensed physician, dentist or veterinarian, or selling medical preparations containing alcohol, or using liquor in compounding prescriptions or medicines and making a charge for the liquor used in such medicines, or a manufacturing pharmacist or chemist from using liquor in manufacturing preparations unfit for beverage purposes and making a charge for the liquor so used.  All such liquors so administered or sold by hospitals, physicians, dentists, veterinarians, pharmacists or chemists shall conform to the Pharmacopoeia of the United States, the National Formulary, or the American Homeopathic Pharmacopoeia.  This clause shall not be construed to prohibit an executor or an administrator of a decedent's estate from selling privately or at public auction liquor which was an asset of the decedent.  This clause shall not be construed to prohibit the practice by a bed and breakfast homestead or inn of providing one bottle of wine to its paying guests at check-in while in an overnight status so long as that wine is produced by a licensed limited winery as provided for under section 505.2.  1  For purposes of this paragraph, a “bed and breakfast homestead or inn” shall mean a private residence that contains ten or fewer bedrooms used for providing overnight accommodations to the public and in which breakfast is the only meal served and is included in the charge for the room.  This clause shall not be construed to prohibit the practice of a business which is principally engaged in the sale of gift baskets within this Commonwealth to sell a gift basket containing nonliquor items and no more than one bottle of wine which has been lawfully purchased from the board, so long as that wine is produced by a licensed limited winery as provided for under section 505.2 and provided that delivery of the gift basket shall be by a licensed transporter for hire, which shall keep records as required under section 512   2pertaining to the direct shipment of wine, and provided that the business complies with the provisions of section 488   3 relative to requiring proof of age and labeling advising that the package contains alcohol.  The board shall establish regulations to ensure that State taxes from the sales will be paid by the estate from the proceeds of the sale.  The board may not prohibit a sale of liquor for the reason that it was not lawfully acquired prior to January 1, 1934 or has not been purchased from a Pennsylvania Liquor Store or in compliance with Pennsylvania law.
 
Prosecutors, at every level, are out of control. It's time for them to be reined in, but I won't hold my breath.
The action was initiated by cops, not prosecutors. The cops would complain if the prosecutors didn't follow up. Nice try blaming prosecutors "at all levels", clown.
 
Took about 15 seconds to find the docket sheet for one of the participants. I don't know details about the case but the rampant speculation and system bashing without taking the simple steps to determine the truth is problematic and indicative of our current call-out society. https://ujsportal.pacourts.us/DocketSheets/MDJReport.ashx?docketNumber=MJ-49201-CR-0000057-2019&dnh=iH8e93lHmy9g5wiuAn806w==

4-492 subsection 2-(2) Sales of malt or brewed beverages for consumption on the premises.  For any person, to sell to another for consumption upon the premises where sold or to permit another to consume upon the premises where sold, any malt or brewed beverages, unless such person holds a valid retail dispenser license or a valid liquor license issued by the board authorizing the sale of malt or brewed beverages for consumption upon such premises.

4-491 subsection 1-
It shall be unlawful--

(1) Sales of Liquor. For any person, by himself or by an employe or agent, to expose or keep for sale, or directly or indirectly, or upon any pretense or upon any device, to sell or offer to sell any liquor within this Commonwealth, except in accordance with the provisions of this act and the regulations of the board.  This clause shall not be construed to prohibit hospitals, physicians, dentists or veterinarians who are licensed and registered under the laws of this Commonwealth from administering liquor in the regular course of their professional work and taking into account the cost of the liquor so administered in making charges for their professional service, or a pharmacist duly licensed and registered under the laws of this Commonwealth from dispensing liquor on a prescription of a duly licensed physician, dentist or veterinarian, or selling medical preparations containing alcohol, or using liquor in compounding prescriptions or medicines and making a charge for the liquor used in such medicines, or a manufacturing pharmacist or chemist from using liquor in manufacturing preparations unfit for beverage purposes and making a charge for the liquor so used.  All such liquors so administered or sold by hospitals, physicians, dentists, veterinarians, pharmacists or chemists shall conform to the Pharmacopoeia of the United States, the National Formulary, or the American Homeopathic Pharmacopoeia.  This clause shall not be construed to prohibit an executor or an administrator of a decedent's estate from selling privately or at public auction liquor which was an asset of the decedent.  This clause shall not be construed to prohibit the practice by a bed and breakfast homestead or inn of providing one bottle of wine to its paying guests at check-in while in an overnight status so long as that wine is produced by a licensed limited winery as provided for under section 505.2.  1  For purposes of this paragraph, a “bed and breakfast homestead or inn” shall mean a private residence that contains ten or fewer bedrooms used for providing overnight accommodations to the public and in which breakfast is the only meal served and is included in the charge for the room.  This clause shall not be construed to prohibit the practice of a business which is principally engaged in the sale of gift baskets within this Commonwealth to sell a gift basket containing nonliquor items and no more than one bottle of wine which has been lawfully purchased from the board, so long as that wine is produced by a licensed limited winery as provided for under section 505.2 and provided that delivery of the gift basket shall be by a licensed transporter for hire, which shall keep records as required under section 512   2pertaining to the direct shipment of wine, and provided that the business complies with the provisions of section 488   3 relative to requiring proof of age and labeling advising that the package contains alcohol.  The board shall establish regulations to ensure that State taxes from the sales will be paid by the estate from the proceeds of the sale.  The board may not prohibit a sale of liquor for the reason that it was not lawfully acquired prior to January 1, 1934 or has not been purchased from a Pennsylvania Liquor Store or in compliance with Pennsylvania law.

Since when are indictments 'the truth'? I thought that's what we had judges and juries for
 
Uh..... I think everyone knows that there are laws prohibiting them from selling alcohol (without being properly licensed). :rolleyes:


But thanks for linking in the appropriate statute :)


The "confusion" (or debate, for lack of a better term) appears to have sprung from the statements that seemed to indicate that there was no selling of alcohol taking place.

Because someone who breaks the law will always be honest about what they did? The confusion comes from people who don't wait for the criminal justice system to go through the process and assign what they think really happened. I would find it highly unlikely that charges would be filed if they did not find some sort of evidence to prove their case.
 
Since when are indictments 'the truth'? I thought that's what we had judges and juries for

Your statement proves my point. Charges have been filed so let the system work to attempt to determine the truth rather than assuming what the charged are saying as true. I would bet a significant amount of money they plead guilty or enter into an ARD type program.
 
So does anybody actually think they were charging $10 for a wristband and everybody brought their own beer. Why would anybody pay $10 to Goto a tailgate and get nothing out of it. They got busted for charging money to sell beer. Sucks to be them but I am pretty sure they knew that was illegal, they just thought they would not get caught.
 
Because someone who breaks the law will always be honest about what they did? The confusion comes from people who don't wait for the criminal justice system to go through the process and assign what they think really happened. I would find it highly unlikely that charges would be filed if they did not find some sort of evidence to prove their case.

Now that's pretty funny.
 
So does anybody actually think they were charging $10 for a wristband and everybody brought their own beer. Why would anybody pay $10 to Goto a tailgate and get nothing out of it. They got busted for charging money to sell beer. Sucks to be them but I am pretty sure they knew that was illegal, they just thought they would not get caught.
Who cares. I’ll bet on any given game day, there are hundreds a tailgates where people kick in and beer is supplied.
 
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Your statement proves my point. Charges have been filed so let the system work to attempt to determine the truth rather than assuming what the charged are saying as true. I would bet a significant amount of money they plead guilty or enter into an ARD type program.

If the helicopter and horses had to be called in and the only result is a few ADR's, it's an even more egregious waste of resources than originally thought
 
If you are not:

A) Charging people for alcohol
or
B) Allowing minors (under your watch) to consume alcohol


WTF Law could they have been breaking?

Was there any mention in the "reports" vav what - specifically - they were charged with?



Now, from what I saw of the party video (way back when), I woulda' thought they coulda' issued scads of citations for D&D and that kind of stuff.
I'm not sure if they even did that.



FUBAR

Yea, geez does seem to be bit extreme.
 
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So does anybody actually think they were charging $10 for a wristband and everybody brought their own beer. Why would anybody pay $10 to Goto a tailgate and get nothing out of it. They got busted for charging money to sell beer. Sucks to be them but I am pretty sure they knew that was illegal, they just thought they would not get caught.

Someone has to do it...
 
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Who cares. I’ll bet on any given game day, there are hundreds a tailgates where people kick in and beer is supplied.
You're right. But given that the tailgate in question was apparently making a massive ruckus they put themselves under the microscope. The willingness of the officers to cut them some slack on what normally might be a minor, overlooked violation may go out the window if they were truly a nuisance to others. Chipping in for beer at a calm tailgate with a small group of people is one thing. A massive gathering of hundreds of rowdy students with a paid ticket to entry is something else entirely.

A similar analogy might be making sure your car is in tip top shape if your driving around doing something illegal in it (e.g., drugs). You probably won't get busted if everything appears normal and you don't attract attention, but if you're driving around recklessly, speeding, and have broken taillights the odds your questionable activities are going to be discovered just went way up. And if your driving is bad enough, you can bet that the officers are going to charge you with each and every minor traffic violation they find instead of giving you a warning on the stuff they might normally turn a blind eye to.
 
It bears repeating that this is but ANOTHER instance of a frat recognized by PSU publicly breaking the underage alcohol laws, they and around EIGHTEEN other Greek orgs.

Given the Piazza case, that is simply ridiculous. However, that was not the biggest threat to public safety that day.

The biggest threat came from the cops, who were damned lucky they did not kill someone with their silly ass chopper stunt. Drunk college students are a danger, especially if underage. But the people who caused this danger were themselves college students, also likely drunk.

So to forestall the danger, cops whose budgets and power fantasies are way out of control tripled or quadrupled its severity and reach. You cannot make this up. The University and the local and state governments are unrelenting shit shows of mind-boggling scope and stupidity. Clowns run everything up there. No wonder it so often seems like a circus.
 
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Fitzgerald said he collected money for the tailgate and kept $1,300 as his “cut.”
What are the chances at least part of the arrest is because the "cut" wasn't being paid to that overpriced we cater for you tailgate lot by the soccer field?
 
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The party was out of control.

In addition to officers on foot, they had the Cavalry (mounted cops) there.
Why they didn’t start dragging out offenders one by one and loading them onto a “paddy-wagon”..... I have no idea. But that’s what they shoulda’ done.
That’s what any LE folks with 1/2 an ounce of sense woulda’ done.

I have no sympathy for the “kids” who were complete assholes and shoulda’ been pulled out and cited.
I also have no sympathy for the cops who thought “Let’s buzz the entire area - indiscriminately - with a damn helicopter! Yeah, that’s a good idea!”


100% agreement. Break up the party, hand out some underage citations. Try to find the ring leaders and cite them. No need for helicopter or getting the DA involved.
 
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