ACLU disputes sheriff's restriction
By Andy Paras
Colleton County Sheriff George Malone might be exceeding his authority by forbidding off-duty employees from frequenting local nightclubs and bars, the executive director of the South Carolina ACLU said Wednesday.
Malone (left), Middleton (right)
Malone this week warned employees that they could be fired if they go inside bars or nightclubs within the county while off the clock. Malone said the restriction has long been department policy and that he reminded employees of the policy Monday night after hearing rumors that some employees have been frequenting area bars and nightclubs.
Victoria Middleton, executive director of the state American Civil Liberties Union in Charleston, said the Sheriff's Office policy and Malone's interpretation of the policy appear to be overly broad.
"It may infringe on (employees') First Amendment right to association," she said.
Malone said Wednesday that the ACLU's stance doesn't change anything.
"I don't have a reaction to it," he said. "They have their opinion and I've got mine."
Colleton's policy, last revised in 2006, reads that: "Except in the line of duty, employees shall not visit any bar, tavern, lounge or other establishment suspected by law enforcement as being a place of actual or probable law violation or a place that is frequented by known criminal elements."
Malone said he interprets the policy to say that employees may not visit any bar or club in the county, but they can still drink at local restaurants and in bars outside of the county. That's how he plans to enforce it, he said.
The sheriff said he doesn't understand why the issue is "a big deal." Many of the county's violent and deadly shootings have either started or occurred at some of the local bars and nightclubs, and many suspected gang members hang out there, he said.
"I thought most people would understand that and agree with it," he said.
Colleton County is the only sheriff's office in the Lowcountry to regulate where employees can drink or hang out while off duty.
The sheriff's offices in Charleston, Berkeley and Dorchester counties do not prohibit employees from drinking at nightclubs or bars, as long as they're not in uniform or on duty.
Reach Andy Paras at aparas@postandcourier.com or 937-5589.
E-mail this story
Printer-friendly versionComments
MedicChas2 (anonymous) says...
I guess that if the Sheriff believes that every bar, tavern and club in Colleton County is "suspected by law enforcement as being a place of actual or probable law violation or a place that is frequented by known criminal elements" perhaps he should begin enforcing the law and not taking so much time to police his own employees.
This seems ridiculous, to forbid the employees from going to these places. I am glad he does not feel that the businesses of Colleton do not need the income of it's County employees.
Shame on you Sheriff, you are wasting everyones time with this.
August 13, 2009 at 4:25 a.m. ( permalink | suggest removal )
rockspond (anonymous) says...
If you are "not in uniform or on duty" then Malone should not be able to dictate what you do with your time. If I want to go watch a pay per view event at 1pm on a Sunday with my friends, I have to leave the county to do it? And where in the policy does it state it is ok to do so outside of Colleton County? IF THE INTENT WAS TO NOT HAVE EMPLOYEES VISIT ANY BAR TAVERN OR LOUNGE, THEN THE POLICY WOULD HAVE STOPPED THERE. PERIOD. But it does not. It goes on to add additional requirements involving criminal activity. And if your response is that they all have criminal activity then that can be said of many other establishments. Should all of these places be banned as well? From what I have read, the situation in Colleton County is only getting worse since this guy took over. Now the criminals have gathering spots they know they can go to which will not have any police presence. Brilliant freaking move....
August 13, 2009 at 5:34 a.m. ( permalink | suggest removal )
WSM (anonymous) says...
" place of actual or probable law violation or a place that is frequented by known criminal elements."
Ummmm...does this include Colleton County Council?
August 13, 2009 at 5:47 a.m. ( permalink | suggest removal )
realamerican (anonymous) says...
Malone better make sure his police officers don't go near the jail. I here there are criminals there too!
Seriously though if the police are in a bar or tavern and see a crime taking place they can act to stop it from occurring. How is this a bad thing?
This regulation does not make sense. I think this is a case of a bible thumping moralist forcing others to follow his convictions.
August 13, 2009 at 5:54 a.m. ( permalink | suggest removal )
maeko (anonymous) says...
on the TV, Sheriff Malone says he doesn't want them to go to "after-hours" bars.
i'm confused. does he mean all bars or only "after-hours" bars? if it is just the later, than that makes more sense. nothing good is usually going on "after-hours", but all bars is too restrictive.
like i said yesterday, i'm not a fan of employers telling employees what to do with their free time. however, i thought employers can make employees follow pretty much any rule. that the workplace is not a democracy and, aside from the protected classes, the constitution is out the window? is that not right?
August 13, 2009 at 6:42 a.m. ( permalink | suggest removal )
theronce (anonymous) says...
Is this not an impossible situation. If an officer goes into a bar and sees a criminal element, then arrest them. The location no longer has a criminal element. After booking the criminal element, the officer can go back to a criminal-element-free bar. It's a stupid rule. The ACLU should go back to registering to vote the criminals in jail. That will keep the ACLU out of mischief.
August 13, 2009 at 7:10 a.m. ( permalink | suggest removal )
yird (anonymous) says...
Malone said he interprets the policy to say that employees may not visit any bar or club in the county, but they can still drink at local restaurants and in bars outside of the county. That's how he plans to enforce it, he said.
=====================================
That statement makes the whole concept even more ludicrous.
Employees can cross an invisible line, go into Charleston County and be just another bar hopping drunk if that's their thing, but merge back into Colleton County and they have to be tea totaling Boy Scouts.
Can any one define the logic in this policy?
August 13, 2009 at 7:14 a.m. ( permalink | suggest removal )
SecretSquirrel (anonymous) says...
Cops deserve a beer at the end of a shift. Colleton deputies should just do like the rest of us, and drink on the drive home.
August 13, 2009 at 7:21 a.m. ( permalink | suggest removal )
GuitarHero (anonymous) says...
This sheriff is a joke. Telling officers they can't visit a bar??? What if one of the officer's families own the bar? Still can't go? I've heard some of my buddies from up that way talk about this clown, now I see why.
August 13, 2009 at 8:10 a.m. ( permalink | suggest removal )
somesay (anonymous) says...
Some officers have worked as bouncers when off duty, so why should Malone be able to say they cannot earn extra income?? If the officer is out and is not fighting or falling down drunk in front of every one, what is the problem is he or she goes out? And let us not forget, it is not only for officers but for ALL employees of the Sheriff's Department who do not even carry a gun or badge!! Malone needs to go!
August 13, 2009 at 8:28 a.m. ( permalink | suggest removal )
lawdawg (anonymous) says...
I hate to say this but i agree with malone on this to some degree, I refuse to call him a sheriff because that is an office of respect and he certainly does not deserve any. Any law enforcement officer worth his badge would not go to the same places as he responds on a regular basis to arrest people and put himself in a very awkward position off duty not to mention this is a major officer safety issue.
Malone has to make these statements to show his authority because his job as a sheriff cannot speak for itself. He loves to control his employess through fear of loosing thier job instead of being a leader and showing them the right way of doing things. Malone has turned colleton county into one of the most violent rural countys in the state since he has taken office. His unwillingness to be tough on crime is showing in the sky rocketing violent crime rate. He has a few very cabale officers that are dedicated enough to make a difference but are to scared to perform thier duties in fear of loosing thier jobs. Malone has these mandatories meetings all the time to threaten his employees, always speaking of his power to fire them at will for any reason. One of these meetings last december he even went as far as telling his employees that all u white people are not working for me as you should be! thats a real leader.
He does not have to go to local bars or buy his alcohol himself, he gets local thugs to do it for him. Colleton County You better wake up! Everyone in the county has seen the dramatic rise in violent crime and you can hear and feel the concern in the communties voices as they speak. If you are looking toward Malone to solve this good luck, he caused this! remeber this is the same man who gave a registered sex offender a letter of reference, shook the suspects hand that shot on of his deputies and then tried to execute him and the one who who went on vacation as soon as the funeral of dennis compton was over.
August 13, 2009 at 8:52 a.m. ( permalink | suggest removal )
coolfreaknbeans (anonymous) says...
This is ridiculous and hard to define. I know I go to an establishment that most know as more of bar, yet I only go there to eat. So how is he going to define what he considers a restaurant vs what he views as a bar ? Most bars serve some sort of food or appetizers. This is a slippery slope and unnecessary. Officers already have morality and ethics rules to follow. At this point he's micromanaging.
August 13, 2009 at 8:55 a.m. ( permalink | suggest removal )
humble9 (anonymous) says...
Malone says that if his "employee's" are caught to be in a establishment that is "suspected by law enforcement as being a place of actual or probable law violation or a place that is frequented by known criminal elements" .. they will be fired..... well I have something to say about that....
your employee's can not eat at MCDONALD'S (MULTIPLE SHOOTINGS BY GANG MEMBERS), CHEVRON/SUBWAY ON BELLS HIGHWAY (MULTIPLE SHOOTINGS), WAFFLE HOUSE ON BELLS HIGHWAY (SHOOTING), attend a high school football game (GANG FIGHTS/SHOOTINGS)....and I'm sure I am probably leaving some out BUT if nothing else comes out of this I guess a great deal of the CCSO will lose weight.....
This clown is a JOKE... the circus usually comes once a year so I guess that is one less clown they have to hire!!!!!
August 13, 2009 at 9:01 a.m. ( permalink | suggest removal )
justlaughin (anonymous) says...
Maeko, to answer your question, an employer normally cannot dictate what an employee does on personal time. Yes they can take action if the employee commits a crime or if they cause negative publicity to the employer, but the last time I looked, having a cold one isn't illegal. I can't believe I'm saying this, but I finally agree with something the ACLU says. Wonders never cease.
August 13, 2009 at 9:08 a.m. ( permalink | suggest removal )
blacman (anonymous) says...
lawdawg
One question sir...If this sherrif was not black would you write such an assaultive post? Not putting words in your mouth but some mean things were written.
August 13, 2009 at 9:09 a.m. ( permalink | suggest removal )
GuitarHero (anonymous) says...
blacman, why are you injecting race into this? It doesn't matter what race the guy is. Lawdawg was speaking the truth. This guy is bad for Colleton County and crime has gone way up since he took over.
August 13, 2009 at 9:15 a.m. ( permalink | suggest removal )
yeahright (anonymous) says...
You gotta fight for your right to party.
August 13, 2009 at 9:28 a.m. ( permalink | suggest removal )
DeputyinSC18 (anonymous) says...
The ACLU needs to open a book...... A SC Code of Laws Book.
Deputies in South Carolina work at the descreation of the Sheriff of that county. Deputies knew of this when taking the job, just as I did. So if he has a policy of no drinking at clubs in Colleton County, then no drinking at clubs in Colleton County.
No, I don't work in Colleton County.
August 13, 2009 at 9:30 a.m. ( permalink | suggest removal )
desspec (anonymous) says...
Hmmm, maybe Colleton County doctors should not be allowed to go to places where people might be sick ...
August 13, 2009 at 9:32 a.m. ( permalink | suggest removal )
eyfigueroa (anonymous) says...
darn blacman, you just had to go there didn't you?
August 13, 2009 at 9:44 a.m. ( permalink | suggest removal )
zekemire (anonymous) says...
Whot gives a rat's rear end what the aclu thinks?? NOBODY! The aclu and other such organizations need to be banned by law as subversive!
August 13, 2009 at 9:53 a.m. ( permalink | suggest removal )
lawdawg (anonymous) says...
blacman....the facts are the facts. It's always about race if a white man makes a comment about blacks, but never when the roles are reversed. It was a statement that was made and the whole department heard it. Not very professional if you ask me.
August 13, 2009 at 9:59 a.m. ( permalink | suggest removal )
combahee (anonymous) says...
Personally I think his interpretation of the law as written is overly broad. Until someone brings a lawsuit the courts will not get involved, but when it happens it will cost Colleton County untold thousands of dollars in court and lawyer costs.
Maybe it is time the County Attorney sits down with the Sheriff and goes over just who interprets the law.
I would much rather local deputies have a drink or two locally than driving 40 miles to get to a bar or lounge outside the county.
I believe this is an overly moralistic judgment on the part of Malone.
We have enough problems in Colleton County without making headlines all over the State on this issue.
Mr. Malone voters will be looking long and hard at the crime rate and your policies come election time. All you are doing is ticking off those most loyal to you, the deputies of Colleton County.
Once again some silly official has gone on to prove what a backwater little county Colleton really is.
August 13, 2009 at 10:09 a.m. ( permalink | suggest removal )
CHRISJIII (anonymous) says...
Perhaps this sheriff needs to take a reading comprehension class. I don't see how he could get his interpretation from what is stated. Either way I hope that he either comes to his senses and realizes that this is not legal or he will be taken to court to rescind his order.
August 13, 2009 at 10:16 a.m. ( permalink | suggest removal )
blacman (anonymous) says...
eyifg
Read lawdawg's latest blog and you'll se why I react when it's a black man and any trace of controversy. When Nash forbid his deputies from being .08 bac at any time 24/7, true story, no one railed against him like this black sherrif. Imagine on a weekend, watching a ballgame on TV, or visiting relatives he forbade his deputies from having more than 2 1/2 alcoholic drinks just in case an emergency popped up and they were needed. Where was the uproar then?
August 13, 2009 at 10:40 a.m. ( permalink | suggest removal )
maeko (anonymous) says...
thanks, justlaughin!
August 13, 2009 at 10:47 a.m. ( permalink | suggest removal )
singleroni (anonymous) says...
question- if you go to a bar and have a couple beers and see others doing it are you obligated to check them to prevent dui?
August 13, 2009 at 10:54 a.m. ( permalink | suggest removal )
longagoandfaraway (anonymous) says...
"The sheriff said he doesn't understand why the issue is 'a big deal.'"
There it is in a nutshell. How could we possibly have come to this point where an elected official has no more understanding of what the Constitution of the United States is about than to attempt to enforce a policy such as this?
We are past the point of no return, this is no longer the United States of America, as defined and instituted by our Founding Fathers.
August 13, 2009 at 11:11 a.m. ( permalink | suggest removal )
ysillyme (anonymous) says...
Hey P&C what's with the new format? Look under hot topics and articles are from July??? Your editor on vacation or something? Come on, get up to speed and explain what a permalink is, pretty please?
August 13, 2009 at 11:13 a.m. ( permalink | suggest removal )
lawdawg (anonymous) says...
blacman,
Why complain now. If it was such a problem with Nash maybe you should have come forward before now. But no only when you feel its a race issue. What if it would have been a white sheriff that said "all you black employees", he would have been out of office in a matter of weeks. But since it wasn't a white sheriff its ok. There was over 100 people at that meeting. Go ask any of them that was there and they will tell you what he said. The truth hurts sometimes. He even went as far as saying the employees are nothing but a number and can be replaced at anytime. So, he really cares about his employees, and yes this was said after one deputy was shot and one was killed. Deputy Compton's EOW was August 6, 2008. He was a hell of a deputy and would do anything you asked him to do. But yes that weekend the sheriff left and went to Myrtle Beach for a week while agencies acrossed the state worked non-stop to find his killers. The things said are harsh but I am not the harsh one for repeating them. The man that originally said them was the harsh man. It's not a matter of race it's a matter of stepping up and filling the shoes of your position. Don't have the title if you can't back it up.
August 13, 2009 at 11:16 a.m. ( permalink | suggest removal )
Sark (anonymous) says...
"The ACLU needs to open a book...... A SC Code of Laws Book.
Deputies in South Carolina work at the descreation of the Sheriff of that county. Deputies knew of this when taking the job, just as I did. So if he has a policy of no drinking at clubs in Colleton County, then no drinking at clubs in Colleton County.
No, I don't work in Colleton County."
Perhaps you didn't read the article. perhaps you're just dense. I don't know. Otherwise you would have read where it says that the ACLU alleges that this policy violates freedom of association (it's been considered an extension of the freedom of speech and assembly by SCOTUS since the 50's). If they can convince a judge that this is so, then US Constitution >>>>> SC Code of Laws (in spite of what some people would prefer or imagine).
August 13, 2009 at 2:33 p.m. ( permalink | suggest removal )
YouKnowMe (anonymous) says...
Those evil ACLUers defending individual civil liberties....how dare they!
August 13, 2009 at 3:23 p.m. ( permalink | suggest removal )
Lumpy (anonymous) says...
hahahahahahahahahahahahahahahahahhahahhhahahaha!!!!
August 13, 2009 at 4:02 p.m. ( permalink | suggest removal )
cplpunishment (anonymous) says...
This Sheriff...the retard that he is.....has told deputies not to mess with certain people and houses.....gee I wonder why....sure would hate for you to have to pat another criminal on the back and say "don't worry, we will take care of this" He fires investigators because their families didn't vote for him....and then rides around in his Escalade with his shiny rims, thinking people actually like him. Guess what....alot of people wanted the other guy to win.....and why didn't he??? Hmmmm, another good question! He needs to be investigated....BIG TIME.....the deputies of Colleton County work their butts off with minimal staffing....scary at times!!! Re-election time can't get here fast enough!!!
August 13, 2009 at 5:21 p.m. ( permalink | suggest removal )
Tides (anonymous) says...
If this Sheriff retaliates against deputies for visiting a bar and he also fires them, there is a federal law that the Sheriff himself can be charged with, arrested under, an sent to prison for violating.
Stupid is as stupid does. This Sheriff and the attorney who adised him are mere fools.
August 13, 2009 at 6:10 p.m. ( permalink | suggest removal )
CWL922 (anonymous) says...
Bars and nightclubs? How about churches? There are child molester priest in them. If Malone visits a church in his "off duty" time, he should be fired also. I know not all priest are child molesters, but then not all bars and nightclubs are criminal hangouts.
August 13, 2009 at 6:32 p.m. ( permalink | suggest removal )
shawtownpioneer (anonymous) says...
Malone,
Should focus on other things. Like finding activies to keep our young people out of trouble.
Deputies, put there lives on the line. They need time to relax and Chill. I don't personally drink. But I don't see the problem with it! As long as they aren't driving dui.
This is suppose to be a free country but seem like now we are getting where we are controlled by the government.
August 13, 2009 at 6:57 p.m. ( permalink | suggest removal )
sardis12 (anonymous) says...
The whole damn paper has gone to hell over the last few days...
Are old comments gone forever? Why did they change what seemed to work fine as it was? Couldn't they have at least announced the changes prior to making them? I was in an online discussion about an article, I posted it, and it never appeared, the story, all comments, everything just gone. That pisses me off, the P&C editors couldn't care less, and they've not responded to any complaints or attempted to offer any explanation, even after dozens of comments expressing displeasure with the new format. Well f**k them for being so inconsiderate...
August 13, 2009 at 6:57 p.m. ( permalink | suggest removal )
yoma (anonymous) says...
Saw Otis Rhodes in a video clip watching one of Micheal Vic"s dog fights.
August 13, 2009 at 9:54 p.m. ( permalink | suggest removal )
Postandcourier.com is pleased to offer readers the enhanced ability to comment on stories. We expect our readers to engage in lively, yet civil discourse. Postandcourier.com does not edit user submitted statements and we cannot promise that readers will not occasionally find offensive or inaccurate comments posted in the comments area. Responsibility for the statements posted lies with the person submitting the comment, not postandcourier.com. If you find a comment that is objectionable, please click "report abuse" and we will review it for possible removal. Please be reminded, however, that in accordance with our Terms of Use and federal law, we are under no obligation to remove any third party comments posted on our website.
Users can now build user-to-user connections, follow friends' recent posts, add an avatar that fits their personality, and more. If you have posted here before you'll need to sign up again, or if you've never posted before, start now by signing up!
Full terms and conditions can be read here.
- Most Commented
- Most Emailed
- S.C. losing port traffic to other states
- Tough times have taught comedian's sister to love life
- Cart gives Buddy new lease on life
- Water — 'The smell is gone'
- Schools plan to update visitor-security system
- Off campus
- GenPhar site 'red-tagged'
- Historic manor house used by Girl Scouts is among buildings that might be torn down to make way for future
- Man, 17, killed in motorcycle wreck
- Big gun goes home
