DNR commission votes down July 4 liquor ban: 'Notice of Intended Action' may allow ban for 2011

DNR officials stress that the biggest problem during the Fourth of July Holiday at public beach sites such as Gull Point is not the litter but the fighting and nudity of a concentration of inebriated individuals.

Greg Drees, chairman of the DNR Commission, a seven-member, governor-appointed board, said the use of the Emergency Rule Process, which allows commissioners to set certain and guidelines and rules in a more expedited manner, was unable to allow a 2010 July Fourth ban to be set.

Drees says the proposed rule would have impacted public beach areas in the county where townships have not set their own bans. He notes the guidelines were specific in nature, from the time frame to the boundaries of where alcohol could not be consumed.

Fourth of July celebrations at sites such as the beach at Gull Point lead to a pile up of liquor litter.
(Photos courtesy of DNR)

He also noted that commission members, "come from diverse backgrounds" and "don't always all see the issues the same way." The discussion of a liquor ban at places such as Gull Point was no different.

"We thought that was a reasonable route to take," Drees said. "But, upon debate at the commissioners meeting, there were other commissioners who felt the opposite way -- essentially that it's violating people's basic civil rights of assembly."

Over the years, Drees has seen the problem of alcohol consumption at public sites such as Gull Point's beach escalate.

"The dynamics of that crowd on the Fourth of July has really changed over the years; 15 years ago it was a diverse crowd using the beach," he said. "There was still drinking but it was under control. Now I bet if you discovered the average age of the crowd on the Fourth, it's just at legal drinking age, and they're shoulder to shoulder. Most of them are terribly inebriated."

While others think such a ban would take away basic rights of citizens, Drees says it is an adequate response.

"Personally I don't usually like unnecessary regulations," he said. "But there are exceptions and I believe this is an absolute exception. I feel that anyone who has visited the site personally on the Fourth will understand the gravity of the situation. I don't approve normally of selective law enforcement, but this is a situation where it's needed."

Despite voting down the ban through the Emergency Rule Procedure, Drees said the commission did agree to move forward with a "notice of intended action," which requires the DNR set a public meeting to gather commentary regarding a 2011 ban. The meeting will be followed by discussion and a possible vote by Drees and his fellow commission members at least 20 days later.

A 2011 ban can go into effect as soon as three weeks after being passed by the Commission.

Drees admits that, as far as this summer's holiday weekend "I just hope and pray that nothing bad happens."

DNR Commission sets other changes

Also discussed at the May 14 meeting was a change in how the public is asked to schedule events at the county's public sites. Drees notes that, "in the past, groups or entities that were planning special events on public lands or waters made a permit application to the DNR via mail and these were at no charge."

Now, due to the implementation of an online application system, Drees says special event permits must "now be made online with a fee of $25 per event or per seven-day span."

Despite having "a few glitches that need to be worked out," the new rule may cause the biggest headaches for organizations such as the Okoboji Yacht Club. In the past, the group held summer-long sailing sessions at sites including Gull Point free of charge; and now may face fees of up to $500 to complete registrations for their entire summer roster.