Monday, 29 September 2014

Our Binge Drinking Cultures and the Price of Partying Too Hard


Both Australia and the U.S. love alcohol. Both countries have similarities and differences in their histories of alcohol consumption, the characteristics of their present drinking cultures dominated by "binge drinking", and the societal problems caused as a result of excessive drinking. In this post I will first discuss each country's history of alcohol. I believe that understanding the history of alcohol consumption and attitudes towards alcohol are significant towards understanding the drinking culture and alcohol-related problems in each country today. While each country shares a societal problem of binge drinking, the two countries seem to differ in the severity of the issue.

The latter part of the post discusses in more detail specific binge drinking problems in the entertainment precinct of Sydney, Australia. Alcohol-related violence in this area have led to the implementation of controversial laws meant to hinder the violence and visitors' excessive drinking habits. These laws have had both positive and negative effects. Such concentrated incidents and laws, to my knowledge, do not have incomparable counterparts in the U.S.  I also recount my own Saturday night out in Sydney and what my experience entailed.  

Our Histories of Alcohol Consumption

Alcohol has had a very important place in Australia's history and culture from its very beginnings as a colony of convicts. The convicts emigrated from Britain and Ireland, countries where it was a cultural norm to drink heavily.  At that time alcohol also had a practical purpose, it was a form of nutrition since people had a limited diet and it was an alternative to water since pollution was a problem. Once the convicts arrived in Australia, life was very tough living in a harsh environment, so alcohol was a method that they used to escape their difficult daily lives. For example, a drinking practice that came about was called "work and bust", when men would engage in an extended drunken binge after a period of hard work in the bush.  Rum is also also often considered to be Australia's first currency.  At one time during the colony's early beginnings, convicts would use spirits to barter with and they were also partly paid in rum by the government. 

However, the U.S. was not first settled by individuals who extremely favored alcohol. A group of English Puritans known as "the Pilgrims" landed in Massachusetts in 1620 and established the Plymouth Colony. The Puritans held strict and conservative religious beliefs, but they were not opposed to drinking alcohol in moderation. They enjoyed drinking but they denounced drinking to excess.  The Puritans actually carried more beer than water on their ship, the Mayflower, when they set off for the New World.  But at that time, water and milk were easily contaminated and spoiled, while coffee and tea were expensive. So the Pilgrims often drank cider and beer, but less so hard alcohol like whiskey, rum, gin. But Australia was on the other hand, founded by a group of people who loved drinking in excess and loved drinking spirits.

Though America's first settlers drank in moderation, American history has not without time periods of excessive drinking. The Temperance Movement and resulting Prohibition came about in part to attack excessive drinking.  An average American in 1830 drank about 7 gallons of pure alcohol a year, which is three times what Americans drink today (in 1790 the per capita consumption of pure alcohol was was just below 6 gallons per year). Men's excessive drinking habits were especially damaging to women and families since this was a time when women had nearly no rights and were completing dependent on their husbands. The roots of the Temperance Movement came from Protestant churches that encouraged moderation, as well as abolitionists who viewed alcohol as an evil equal to slavery.  Ultimately the Temperance Movement was successful in achieving the outright prohibition of alcohol in 1920 when the the 18th amendment to the Constitution was passed.  


Women involved in the Temperance Movement
Source: ediblegeography.com
In 1933 prohibition was repealed after 13 years of unintended bad consequences. Firstly, prohibition had negative economic effects. Prohibition led to a decline in the entertainment industry.  For example, restaurants were not profitable without liquor sales.  It was assumed people find other ways to entertain themselves once alcohol was no longer available, like going to the the theatre, but theatres' profits actually decreased.  In addition, thousands of people were laid off who either worked in the alcohol industry or in a trade relating to it, such as barrel making.  

State and the federal governments also suffered because they overwhelming relied on alcohol's tax revenue.  The American government lost further money because it cost a hefty $300 million to enforce Prohibition.  And of course, Prohibition led to the illegal production and market in alcohol.  One could have a drink at a "speakeasy", which was an establishment that sold alcohol illegally during Prohibition.  The name is self-explanatory, meaning that one should speak quietly about the place when inside it or in public so to conceal it from police or other people.  Many average Americans becoming "criminals" due to their involvement in the illegal alcohol market, causing overwhelmed court systems and jails during Prohibition.  

Overall Prohibition failed in its main goal to stop excessive drinking and improve America's morality.  Outlawing alcohol actually made alcohol abuse worse.  The statistics from that time period are known to be not the most reliable, but it is clear that in many areas of the U.S. people were drinking more than pre-Prohibition.  

What I think is the most interesting result of Prohibition is the economic consequences.  I think the effects shows how important alcohol has always been to the American economy and how closely tied it is to the functioning of government.  The alcohol industry has only grown since Prohibition and now is a massively wealthy industry.  Later in this post I will discuss new laws imposed in the Australian state of New South Wales to hinder excessive drinking, which are having effects that I think are reminiscent of the effects Prohibition had in the U.S.


Source: today.com


Australia has never had a "Prohibition", potentially showing that the roots of alcohol consumption are more strongly embedded in Australian culture. But the Temperance Movement did make some strides in Australia.  Similarly to how American Prohibition brought about higher levels of drinking, legal changes in Australia were implemented to hinder excessive drinking, but actually contributed to heavy drinking.  

An example of this type of law was known informally as the "six o'clock swill". This slang term was used by both Australians and New Zealanders to represent laws imposed during World War I that forced hotel and pub bars to close at 6 PM. This forced closing time was implemented as a way to improve public morality and as an austerity measure during the War.  As a result, a culture of heavy drinking developed among men in the hour between the end of the work day at 5 PM and when the bars closed at 6 PM.  The "six o'clock swill" caused men to drive home from the bar very drunk and the most alcohol-related assaults on family members happened in the few hours after 6 PM closing. Previously bars were open until about 11 PM.  the Temperance Movement hoped that this law would help move the country towards total prohibition of alcohol, like in the U.S., but it never was achieved.

A Sydney resident, Kevin McNamee, was a little boy when the six o'clock swill was around, and remembers what is was like from going into pubs with his dad.  McNamee said men would buy 5 or 6 pots of beer and drink all of them during that hour.  There was violence at the bars among men, but they were settled among the men themselves.  There was no security at bars in those days like there is now.  Overall the attitude held by men involved in the six o'clock swill could be described as: "Getting drunk was a sprint, not a marathon".


Customers wait to be served before the 6 PM closing time at a Melbourne hotel bar.
Source: Herald Sun, Melbourne
Not until about the 1940s to late 1960s did all of the Australian states repeal the 6 PM closing time. Also in the 1960s, wine became a more popular drink in Australia and the wine cask was invented in Australia at that time. For a period, drinking in moderation and with food, was the cultural norm and the popularity of wine was a key part of this. After World War II, drinking rates, which plummeted during the Temperance Movement and the Depression, grew again along side people's growing wealth.  Other shifts like the feminist movement to gain equality with men and the immigration of southern Europeans, like Italians and Greeks, who had cultures that favored drinking alcohol, also affected the drinking rate and culture.

Alcohol Consumption Today

However, in recent decades, in both the U.S. and Australia, large alcohol manufacturers have grown their range of products, increased the amount they produce, as well as improved and increased their advertising.  In both countries, alcohol companies associate themselves with sports for advertisement purposes.  This has all helped contribute to a resurgence of a binge drinking culture. 

In 2010 the U.S. alcohol industry contributed $400 billion to economy, $90 billion in wages and over 3.9 million jobs in the U.S.  In 2013, the market share of the industry is made up of beer at 48.3%, wine at 17%, and spirits at 34.7%. On the other hand, in Australia in 2009-2010, alcohol consumption accounted for $9.7 billion. In 2009-10, alcohol contributed $1.2 billion in wages and $3.8 billion in tax revenues (1.3% of total). The alcohol industry also employs 20,629 people.  The market is dominated by beer at 42%, wine at 37%, and spirits at 20%.  Given the size of each country, the alcohol industry is quite large comparably.  It is also evident that wine is more favorable in Australia than the U.S. This may be due to the fact that the Australia has a strong wine industry and many areas of the country are known for their wine making regions. In the U.S., Australian wine is easily accessible and some of the brands are among the cheapest priced wines one can find.

Our Binge Drinking Cultures

While the history of drinking in each nation has not been exactly similar leading up to the present, each nation now faces the problem of "binge drinking." Firstly, what is binge drinkingInterestingly, definitions of it in the two countries differ slightly, and the definition has changed over time. 

According to the National Institute on Alcohol Abuse and Alcoholism (NIAAA) in the U.S., binge drinking is defined as drinking so to bring one's blood alcohol concentration (BAC) to 0.08 (This is also the legal limit to which one can drive in the U.S.). The NIAA also states that in a period of about 2 hoursmen usually acheive a BAC of 0.08 after 5 drinks and after 4 drinks for women .

According to the Australian Bureau of Statistics (ABS), the standard for binge drinking is more than 7 drinks in a night for men, while 5 drinks  for women.  But most recently, the National Health and Medical Research Council's (NHMRC) Australian Alcohol Guidelines, have given what is commonly known as binge drinking the term, "a single occasion of drinking", and it states: "For healthy men and women, drinking no more than four standard drinks on a single occasion reduces the risk of alcohol-related injury arising from that occasion". I cannot help but think that this new standard has been updated to a lower amount of drinks due to the frequency of alcohol-related injuries and violence in the country, as I will discuss later in this blog post. Also interestingly, Australia's BAC limit is almost half of that of the U.S., standing at 0.5, which may be another indicator of Australia's larger struggle with alcohol-related problems. 


According to the NIAAA, 24.6% of adults (18+) in 2012 stated that they engaged in binge drinking in the previous month.  In the same year, there were about 17 millions adults (18+) who suffer from an Alcohol Use Disorder in the U.S (9.9% men, 4.6% women).  In 2006 problems related to alcohol misuse cost the U.S. $223.5 billion.  A whopping 75% of that cost is related to binge drinking, which I think shows the great extent to which the culture of binge drinking is having on American society. 


2012 data from the CDC (Centers for Disease Control and Prevention) showing
the percentage of adults per state who binge drink.
Source: The New York Times

According to 2004 Australian statistics, 12% of men and 4% of women were binge drinking at least once a week.  This has since increased to 18% of Australians (aged 20-29) binge drinking at least once a week.  Research from 2010 revealed that alcohol abuse costs Australia $36 billion a year. This is a very large cost and I would say more so significant than the cost the same has the U.S., given that this amount significantly outweighs the population of the entire country.  This may be yet again another indicator of how alcohol-related issues a larger problem in Australia than in the U.S.

The culture of binge drinking in both the U.S. and Australia is dominated by young people, notably university students.  American colleges are known worldwide for having social cultures on their campuses characterized by partying and drinking excessively.  Images of students holding the iconic "red Solo cups" in dorm rooms and at fraternities and sororities for example, are known throughout the world.  Much of the drinking is done illegally, since the U.S. legal age to drink is 21, while most Americans enter college at age 18 and do not turn 21 until their third of four years in college.  In 2008, one hundred college presidents and chancellors pushed to lower the legal drinking age to 18.  The group argued that since most students could not drink legally, this led them to be more likely to drink. However a study by the Washington University School of Medicine in St. Louis published in The Journal of the American Academy of Child and Adolescent Psychiatry found that the legal drinking age of 21 is for the most part effective in reducing binge drinking overall, except only in college students. The true reason college administrators pushed for this legal change was to eliminate their liability of having to deal with illegal drinking activities on their campuses. As a former American college student myself, I can attest that the binge drinking culture that this study speaks of is very real and present. College students drink to get drunk and alcohol is deemed necessary before and during any party or social event. In general drinking controls the weekend night culture and those who did not drink are considered "weird." 

In 2010 an article was published in The Sydney Morning Herald writen by Australian university student about the binge drinking culture.  Upon reading the article, I could not help but think that this article could have been easily authored by American college student.  I would say that the binge drinking culture participated in by the majority of university students in the U.S. is essentially identical.  Student, Joshua Blake, explains, that Australian culture is now one that is deems young people "abnormal" if they do not get drunk and party hard regularly.  He also states that he believes that drinking is Australian, but Australian culture accepts binge drinking as normal and he does not believe it right "... we accept drinking as an integral part of our national identity and culture, society has normalised and continues to legitimise binge drinking".  Although Australia, has a historical roots and a culture of heavy drinking, Blake believes this does not prevent it from addressing the problem.

2008 poll of NSW residents.
Source: The Sydney Morning Herald
The Australian Government has taken some measures to address the problem of sociey's heavy drinking norms.  In 2006 the Government announced the National Binge Drinking Strategy, which provided $53.5 million over the fours years between 2008 and 2012 to the Department of Health and Ageing to develop strategies, such as through involvement with local government, sporting organisations, and the non-government sector (known as the nonprofit sector in the U.S.) to reduce the culture of binge drinking in young people. Then in 2010 the Government provided another $50 million for the years between 2010 and 2014 to bolster the NBDS, now handled by the Australian National Preventative Health Agency. One of the programs added was the Community Sponsorship Fund, which is an alternative funding source so that sporting organisations do not need to rely on alcohol companies for sponsorship. This website, "Tackling Binge Drinking", sponsored by the Department of Health and Ageing discusses the program and campaign.  


Source: http://www.baysidepsychotherapy.com.au/

The U.S., on the other hand, although suffers great cost from alcohol abuse both economically and health-wise (88,000 people die per year due to alcohol related injury), have not instituted any national preventative strategy. I was not able to find any current government initiative to address binge drinking. What I did find was a 2012 article by the Centers for Disease Control and Prevention (CDC) about binge drinking suggesting what can be done policy-wise and in the community to address the issue. The CDC suggests that the U.S. government support states and communities to develop preventative strategies as well as determine whether present ones are working. The CDC also suggests that the U.S. government help states track statistics on binge drinking, in addition to the laws that regulate the marketing of alcohol.  This all may be an indicator that the American government does not think that binge drinking is a not a significant enough issue to merit the kind of support that the Australian has put towards the problem.


2012 data from the CDC (Centers for Disease Control and Prevention)
Source: CDC
In Australia, alcohol clearly is more pressing evidenced clearly by the amount of media attention it receives, the government support to preventative strategies, government publications written about it, and the numerous campaigns and websites dedicated to alcohol use.  It is clear that Australia has an alcohol problem that surpasses that of the U.S., and overall I think the country has a greater sensitivity to the issue due to their history, so there will always be a greater effort to address alcohol misuse problems. As stated by Professor Steve Allsop, a member of the Australian National Council on Drugs, "There is hardly an Australian community or family that has not been affected by alcohol problems", again emphasising the deep-rootedness of heavy drinking in Australia.

Current Alcohol Policy Issue in Australia: Kings Cross

The Kings Cross neighborhood in Sydney, Australia is known by locals as "The Cross". New laws have been implemented to hinder night time alcohol consumption in the Cross and a few other neighborhoods, but the Cross is the area that has received the most attention due to its well-known reputation. Historically the Cross has always been the red light district capital of Sydney and Australia.  In modern times it is frequented by young people every weekend to visit the many bars and clubs located there.  The Cross has gained an infamous reputation for being a hot bed of alcohol-fuelled mayhem on the weekends.  


"The Coke Sign", as called by locals, is an iconic landmark considered to be the gateway to Kings Cross .
Source: The Sydney Morning Herald
The Lockout Laws

In February of this past year new laws have come into place that apply to the "CBD (Central Business District) Entertainment Precinct of Sydney.  This precinct, pictured below, in addition to Kings Cross, covers the neighborhoods of Surry Hills, Darlinghurst, The Rocks, and Cockle Bay.

The red area denotes the CBD Entertainment Precinct in Sydney.  The yellow area denotes Kings Cross.
Source: www.nsw.gov.au

The following lists the new laws that have been implemented:

·    1:30 AM lockouts and 3 AM last drinks at hotels, registered clubs, nightclubs and licenced karaoke bars. Small bars (maximum 60 people), most restaurants and tourism accommodation establishments are exempt. Venues licensed to stay open after 3 AM can do so without serving alcohol.
·    Temporary ban of 48 hours for problem visitors.
·    NSW-wide ban of takeaway alcohol sales at bottle shops, hotels and clubs after 10 PM. (For American readers, "takeaway" is the Australian word for "take out" and "bottle shops" are liquor stores.)
·    Two year freeze on approvals for new and existing licenses.
·    Revoking of Competency cards and disqualifications (up to 12 months) for bar staff break responsible service of alcohol requirements.
·    Licensees will be fined up to $11,000 and/or imprisonment of up to 12 months, in addition to receiving strikes under the Government's Three Strikes disciplinary scheme for failure to comply with the new laws.

Australia already has some experience with these types of laws.  Sydney modelled the Kings Cross laws after those used successfully by the neighboring city of Newcastle. Newcastle once had the highest rate of alcohol-fuelled violence in the state, as well as one of the highest drink driving rates (for American readers, "drink driving" is equivalent to the meaning of "drunk driving") and rates of assaults on emergency workers.  Every weekend 20,000 drunk young people would come to the city's CBD for a night out.  

To address this problem, in March 2008, the Liquor Administration Board  put into force 3 AM closures, 1 AM lockouts, and other measures specifically for those licensees who could trade until 5 AM in the Newcastle CBD. Since the laws have been imposed in Newcastle, police and residents have observed greater safety in the streets and in the licensed venues.

Some specific positive effects of the laws have been:

  • 33% fall in alcohol-related non domestic assaults.
  • Alcohol-related non domestic assaults are now at a 14 year low.
  • 50% reduction in night time street crime.
  • 26% reduction in alcohol-related hospital emergency admissions.
The push for the lockout laws to be imposed in Sydney resulted from numerous tragic incidents caused by alcohol-fuelled violence in the Cross.  Two 18 year olds, Daniel Christie and Thomas Kelly, were victims of "king hits" while visiting the Cross in 2012 and 2013.  A "king hit" is the term used to describe when the offender, who is usually very intoxicated, gives a single punch to the head of an unknowing stranger.  Christie and Kelly both were knocked unconscious, never regained consciousness, and then passed away.  King hits are now being referred to "coward punches" at the request of victims families.  

"One-punch laws" that impose mandatory sentencing on coward punch offenders also became a public policy debate in NSW due to these incidents.  Such a law was introduced in Western Australia in 2008 and the Northern Territory in 2012, but they have not had a great effect. Some believe the law does not deter offenders who are very drunk early in the morning with a desire to be violent.  At the same time at which the lock out laws were passed this past year, the NSW Parliament also passed a "one punch law" giving an eight year sentence to anyone who fatally punches another under the influence of alcohol or drugs.

Typical weekend night scene on the street in the Cross.
Source: http://liamsaville.wordpress.com/
Above is a 2012 ABC News Australia video showing what a 
typical weekend night in the Cross is like.

There are a couple good documentaries that discuss these alcohol related issues in Sydney and in other areas of Australia that I highly suggest watching.:  

The first documentary I suggest is called "Punch Drunk" (click link for video) from February 2013.  The documentary profiles a young man who suffered a coward punch in the Gold Coast, Queensland.  Fortunately he survived but his life has been ruined due to the brain damage he received. He is extremely disabled, needs 24 hour care, and is only now learning to walk again years since the incident. The documentary also follows the Rocks Police in Sydney on a typical weekend night.  The Rocks Police report that 70% of their street work is alcohol-related. Alcohol-related incidents brings about an enormous costs on police, ambulance, and hospital services, as well as thousands are arrested each year across Australia for assaulting police.  

A newer documentary called "Dead Drink: Lights Out in the Cross?" specifically discusses the issues in the Cross and follows young people and police on a weekend night out in April 2014, a couple months after the new lockout laws were imposed. 

Below is the trailer and click here to watch the full documentary.


In the U.S. there is certainly a relationship between alcohol and crime. According to the National Council on Alcohol and Drug Dependence (NCADD), 40% of violent crimes are committed under the influence of alcohol.  I am sure there are popular partying localities in the U.S. that suffer from alcohol-related violence, but there are none to my knowledge that have consistently been severe enough to receive the type of media and government attention as Kings Cross and Sydney Entertainment Precinct has, eventually requiring legal intervention.

My Experience in "The Cross"

Now that I have discussed the debate over Kings Cross and the new laws that have been implemented this past February, I would like to illustrate my one night experience in the Cross, accompanied by my blog co-author.  Fortunately my experience was relatively "uneventful" in terms of the mayhem that can be seen in the Cross.  

While visiting Sydney, my co-author insisted that "I had to see Kings Cross."  It is a place that he has hardly ever been because it is "too crazy".  And he was right, the scene was crazy.  It was nothing like I ever seen before, certainly not in a U.S. city, not even any of the college parties I have ever been to compared, nor anything like the nightlife I saw during my time abroad in continental Europe. But it was very similar to the drinking scene that I witnessed while visiting Galway, Ireland. As I discussed earlier in this post, the two nations share similar drinking habits due to to their connected histories and obviously these habits also ring true today. My co-author has also previously said to me that "Ireland and Australia have the same culture". 

The most shocking thing to me in the Cross was the appearance of the ladies visiting the area.  There were lots of people on the sidewalk and in the street walking, talking, and yelling, some clearly very drunk. In the crowds the women stood out because nearly all were wearing skin-tight short dresses and extremely tall high heels.  One could categorise their outfits as "skanky". The women I saw in Galway, Ireland in my night out there dressed identically to the women I saw in the Cross. Speaking of the English Puritans that I discussed earlier in this post, I felt like a "Puritan" wearing a relatively simple black dress that was not skin-tight, did not show provocative cleavage, and my shoes were only medium height heels. I considered wearing flats but I knew from my experience in Ireland that all the ladies would be sporting heels, so I decided to join them. However, by the end of the night I was cursing my decision when my feet were killing me from all of the walking and dancing. I do not how all of these Australian and Irish ladies do it! 

From my memory, the bars and clubs in the Cross varied in terms of how they busy they were. There were many to choose from. I remember going to one bar/club at the beginning of the night and we were one of the few people in there.  It may have been early in the night though, which may have contributed to the low occupancy.  Afterwards we went to a very popular bar/club called "The World Bar" that my co-author had visited before and quite liked.  When we arrived, it was clearly very popular by the long line to get in.  The outside appearance was of the club was enticing as well; it looked like it would have an "indie/hip" atmosphere. The line moved quickly and after paying a hefty cover, probably about $20 AUD, we got inside. I do not remember it being especially crazy inside, but it was very full of people.  In general I remember people being well-behaved.  However, I do remember falling down on one of the dance floors.  Not from my own inebriation though!  From my past experiences, I have found that when you put a lot of "tipsy" people together dancing there is bound to be some "pushing and shoving".  In this instance, the weight of a few people near me was too much and knocked me over.  I was fine though!

Outside of  World Bar in the Cross.
Source: TimeOut Sydney
I do remember also being the subject to an alcohol-related restriction while I was at World Bar.  World Bar is known for selling their mixed drinks in teapots for sharing among a group of people. My co-author and I went to the bar to buy a "teapot", but the bartender told us that they could no longer sell us hard alcohol because it had passed midnight.  However, my recollection of what time it was that they could not sell hard alcohol past was iffy, so I did some research to find out what exactly the liquor laws were in July 2013 in the Cross. 


The World Bar's famous teapots used to serve mixed drinks.
Source. venuemob.com.au
I discovered that in December 2012, the NSW Government passed a number of measures applicable to Kings Cross. The following are a few of the measures that would have applied to us that Saturday night:

On Friday and Saturday nights
• no shots and doubles can be sold after midnight 
• no person can buy more than four alcoholic drinks at a time after midnight 

On every night of the week
• glasses, glass bottles and glass jugs are banned after midnight


The teapot that we wanted to purchase were filled with a cocktail, meaning that they contained shots. The teapots were also pretty big, meant to be shared among a few people. They may have contained five shots in them (1 shot=1 drink), since it was a large pot and was diluted with a non-alcoholic drink for multiple people to share. The teapots also were made out of ceramic.  Although ceramic is not glass, it may come under the glass category in the laws, since it is breakable.

Some of the other laws that were implemented in December 2012 concerning Friday and Saturday nights were the following: 

• Two Responsible Service of Alcohol marshals must be on duty in higher risk venues after midnight (one marshal is required in some lower risk venues)
• No alcohol can be sold or supplied in the hour before closing. 

 Venue managers must immediately notify police of any violence causing injury, and preserve the crime scene 
• All higher risk licensed venues must maintain a digital CCTV system covering entries and exits, the footpath immediately adjacent to the venue, and all publicly accessible areas within the venue (excluding toilets). It must operate continuously from opening time until one hour after closing and footage must be provided to authorities within one working day of a request
• Incident registers must be maintained at all times (rather than just after midnight, as was previously the case).


All of these laws are quite interesting because I don't know of any place in the U.S. that has such strict laws surrounding when and how to sell alcohol at a bar or club. In the times I have been at a bar or club at closing time in the U.S., you can buy as many drinks as you want and can do so right up until closing time. However in my experiences, closing times is the places I have gone out in the U.S. are much earlier than in Australia. For example, there is no specific closing time for bars in New South Wales.  

In the U.S. closing times depend state to state and also by city. Generally in the U.S. a 1-3 AM closing time is typical, but some places are able to stay open later.  In "Sin City", Las Vegas, Nevada, bars can be open 24 hours a day! In the state of Maine, where I currently reside, closing time is 1 AM.  In my opinion a 1 AM closing time makes it hard for someone to get extremely drunk without beginning drinking very early in the night, which for most is probably not likely. A very early closing time like this cuts out what could be another 4+ hours or so of drinking at bars.  And for some people, the more they drink and get drunk, pushes them to want to drink more. Giving people hours more of access to alcohol allows them to act on this desire.

Anyways, back to my night in the Cross...and my description of the most "crazy" part of the night.  What happened was very funny looking back on it afterwards, but in the moment was a bit scary! My co-author and I were standing on the sidewalk in front of a Turkish döner kebab take-away shop. For readers who are not familiar with kebabs, they are a popular end of the night out "drunk food" in Europe and Australia.  In my experience, generally they are not as well known in the U.S., but can be found in big cities.  When I studied abroad in Vienna, Austria, you could get kebabs from a stand at all hours of the day and night.  So my co-author and I were eating our kebabs not far from the shop front, when a random guy came up to us who was likely about our age.  He was clearly very drunk, or high on drugs, or both.  Of all things I was expecting him to ask us, I did not expect him to turn to my co-author and ask "Can I have a bite of your kebab?"  My co-author stayed very calm and said, "No, mate. Sorry."  The guy was pretty persistent despite being rejected.  Given all of the turmoil in the media surrounding the violence that takes place in the Cross, I was getting worried the guy would become angry or violent towards him.  My friend acted smart and spoke in a level-headed way with him. Eventually after a few more repetitions of "Sorry mate" and "No, get your own," he eventually backed off.

Source: http://itp.aminus3.com/
Typical late night kebab shops in the Cross.
Source: mashable.com
Not long after this incident we caught a bus home and people were behaved on the bus. I do not remember seeing any public fights or violence while in Kings Cross that the media portrays as being a common occurence. Overall I had a really fun time in the Cross and I would definitely go back if given the chance! While I do not disagree that bad things happen in the Cross, and it can be a dangerous palce, I do think that the events that have led to the lockout laws should not prevent people from going there to have a good time. As long as visitors act smart, drink in a way that allows them to consistently be aware of the present and in control of their actions, I think visitors will be less likely to get into any sort of trouble.

Positive and Negative Effects of the Lockout Laws

So are the laws in Kings Cross and the rest of the Entertainment CBD working to decrease alcohol-related incidents?  What other effects are they having?

In early September the NSW Police Assistant Commissioner Michael Fuller spoke before a NSW parliamentary inquiry regarding the effects of the lockout laws.  Mr. Fuller stated that in the six months since the laws had been in place there were only two recorded incidents of assault causing grievous bodily harm, while in the same time period in the previous year there had been 22. The police had also given 350 banning orders. A banning order can prohibit a person who has been convicted of a serious alcohol-related offence from the Kings Cross precinct for up to a year. The City of Sydney conducted a study of foot traffic over six Saturday nights in March and April and found that it had decreased by 84% on Darlinghurst Road and 78% on Bayswater Road, two significant roadways in the Cross, compared to December 2012. St. Vincent's Hospital in Darlinghurst, which is the main recipient of alcohol-related admissions on the weekend, has found a significant reduction since the new laws. Dr. Tony Grabs, who is the head of trauma at St. Vincent's, has called the difference since the lockout laws implementation "a dramatic change".

During the Kings Cross policy debate before the laws were imposed, some people argued that the lockout laws would cause people to visit other Sydney neighborhoods, such as Newtown, Pyrmont and Paddington, and bring the violence with them. However, Mr. Fuller stated that there has been a slightly increased presence of of people in these areas, but there has been no increase in violence.  Royal Prince Alfred Hospital, next to Newtown, reported it has actually had a small reduction in alcohol-related admissions. It is still early to evaluate the full effect of the laws though, since Mr. Fuller's report was only based on four months of data since the laws were implemented. Thus I expect in the coming months more analysis of the laws' effects will be done and and publicised. 

Despite that the lockout laws are having positive effects thus far, they are having some negative economic effects. In February, just after the laws were implemented, a Kings Cross security guard attested to that businesses were already feeling the effects and closing up, most recently witnessing a food store closing.  A night club owner also stated his dislike for the laws and his belief that they were punishing everyone for the crimes of only a few. Now that it has been six months since the laws were imposed, the negative effects on the Cross's buisnesses are even more evident.  

Mark Gerber, the owner of the Oxford Art Factory music and art venue in Darlinghurst, has said the laws have largely affected his business. His gross sales have dropped 13-15% and he has had to cut back on staff. People come to Gerber's venue to see music, not to get drunk, but his loss in profits has made it hard to hire bands and support the local music industry. Gerber feels is it unfair that his business was subjected to the laws, since his goal with his business has been for years to help eliminate the binge drinking culture: "...art and culture can actually do some good for the community...it can actually eradicate some of the problems that people have got with over-drinking and binge drinking where the objective is purely just to get drunk."  

Additionally, food businesses are being negatively affected by the laws. When I talked about my experience in the Cross, having a kebab at the end of the night was an important part. Food businesses in the Cross depend on high numbers of visitors and being open into the early morning since the night time is when they make all of their profits.  Michael Guven owns one of the most popular kebab and pizza businesses in the Cross and he reported losing 40% of his business. Guven also comments that many shops have "for lease" signs and most small businesses are suffering greatly. He believes that educating young people about alcohol is key to decreasing alcohol-fuelled violence, not by decreasing trading hours: "We have to educate the people. We cannot educate the alcohol, it's impossible."  

A recent recent article from late September, speaks further to what business owners in the Cross have been noticing about a suffering late night economy in the area.  Fairfax Media has found 35 shops closed on the main 300 metre-strip of the Cross.  Small business owners unequivocally blame the lockout laws fpr a now declining Cross, but there is some evidence to indicate that the Cross has been in decline for awhile.  In the past eight to nine years there has been gentrification in the area that is leading the Cross towards becoming more residential area with the influx of long-term residential housing. This past year 1,800 hotel rooms have been removed and recently one of the largest mid-range hotels in the area, the Crest, was sold and the rooms are to be turned into apartments. There is no day economy in the Cross currently, but current residents desire for it to return.

Source: The Sydney Morning Herald


"For Lease" signs such as this one can be seen throughout Kings Cross 
since the lockout laws have been in effect.
Source: The Sydney Morning Herald
 A recent response to the lost businesses in the Cross is a plan by the not-for-profit economic development organisations, Renew Australia and the Potts Point Partnership, to invest $14,000 so to be able to offer free rent to commercial tenants on the Kings Cross commercial strip.  The project, set to begin in October, will be open to start-up businesses in the area. Participating landlords will offer their properties for free to tenants but only on temporary terms. If a permanent lease is decided on or the business is unsuccessful, an agreement of free rent ends. The Partnership also has the aim to help bring more foot traffic to the area during the day.

Not only are the lockout laws causing some people to frequent other area of the city, but they are also contributing to a spike in illegal and dangerous warehouse parties, reinvigorating a scene that has not been strong since the 1980s. The suburbs of Marrickville and Alexandria are suburbs that were already known for having warehouse parties, but since the new laws, there has been an increase in these events there according to promoters and performers in the music scene. These events occur in unsanctioned areas, bringing in up to 900 attendees who bring their own alcohol (BYO). There are no cameras or security at these venues which have many safety hazards.


BYO warehouse parties, such as this one, are becoming more popular in Sydney
since the implementation of the lockout laws.
Source: TimeOut Sydney
The effects so far of the lock laws cannot help but make me think of the effects of American Prohibition which I discussed earlier in this post. Prohibition was meant only to stop the consumption of alcohol, but affected the economy overall. The lockout laws in Sydney are hurting the local economy. However, unlike Prohibition, thus far at least, the laws seem to be meeting their intended purpose of decreasing alcohol-fuelled violence and hospital admissions due to alcohol-related injuries.

There must be a balance between favoring the economy and favoring public safety. People's lives have been ruined and destroyed by the alcohol-related incidents in Sydney, and across Australia. The Australian economy is also affected overall by the costs of police, emergency services, and hospital services that must attend to alcohol related incidents. The NSW parliamentary inquiry stated in response to shop and nightclub owners complaints of large business losses: "I understand that shopkeepers and nightclubs are going through pain, but we cannot let this carnage continue."  I think this quote represents the overall attitude of the Sydney and NSW government towards the issue. People's health and safety must outweigh interests of businesses in this instance.

Going forward I think it is important to keep a close eye on the effects of these laws, especially whether other parts of the city are affected.  Currently other suburbs, like Newtown, are seeing higher late night trading, but no increased violence. It is important to observe whether this changes. I also think the project started by Revive Australia and the Potts Point Partnership is a great way to keep the local economy alive, despite the laws negative effects on businesses. Similar endeavors like this one should be supported by the government to counteract the effects of the laws.  

While these laws are a good immediate measure to increase public safety in these areas, they do not address the broader societal problem of excessive drinking. These laws prevent people from staying out late drinking excessively, but I do not think they will cause people to drink less overall. The government initiatives and organisations dedicated to drinking problems must continue to engage in instigating a broader societal change in people's attitudes towards drinking. However, I think this will not be easy.  

I opened this blog post with Australia's historical ties to excessive drinking and that drinking is strong part of the culture especially for young people. Excessive drinking for young people is certainly not just a symptom of Australian culture, but of young people in the Western world in the 21st century. Young people in America and Europe love to drink also.  But as Joshua Blake, the Australian university quoted earlier in this post said: "Admittedly Australia is not the only country with heavy drinking inherent in its national identity, but by that count, we are not the only country with a problem and one evil does not beget another."  He believes Australians need to abandon the excuse that heavy drinking is a part of Australian drinking because it is being used to legitimise dangerous drinking behavior. I agree with him. Drinking is a part of Australian culture, but cultural ties to drinking do not prevent the success of learning to drink in a healthier way.

Written by: The American.

Thursday, 11 September 2014

Should People be Allowed to be Bigots?

In 1975 the Australian Parliament passed the Racial Discrimination Act.  Australia passed this statute as a result of becoming a party to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). The overall objective of the Act is to prohibit the discrimination of people based on their race, colour, descent, or national or ethnic origin.

There are two sections of the Act, 18C and 18D, that aim to protect people from racial vilification.  Sections 18C and 18D were included due to Australia being a member of the ICERD and also the International Covenant on Civil and Political Rights (ICCPR). Australia also had carried out national inquiries into racial hatred, such as the National Inquiry into Racist Violence and the Royal Commission into Aboriginal Deaths in Custody. The inquiries determined that racial vilification causes emotional and psychological harm to the victims and helps to strengthen their feelings of exclusion in society. "Harmless" behaviour can make it more acceptable for acts of harassment and violence to occur because it is seemingly condoned by society. 

The following is the actual text of section 18C and 18D:

Offensive behaviour because of race, colour or national or ethnic origin
(1)  It is unlawful for a person to do an act, otherwise than in private, if:
(a)  the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or        intimidate another person or a group of people; and
(b)  the act is done because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group.
(2)  For the purposes of subsection (1), an act is taken not to be done in private if it:
(a)  causes words, sounds, images or writing to be communicated to the public; or
(b)  is done in a public place; or
(c)  is done in the sight or hearing of people who are in a public place.
(3)  In this section: "public place" includes any place to which the public have access as of right or by invitation, whether express or implied and whether or not a charge is made for admission to the place.

Exemptions
Section 18C does not render unlawful anything said or done reasonably and in good faith:
(a)  in the performance, exhibition or distribution of an artistic work; or
(b)  in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest; or
(c)  in making or publishing:
(i)  a fair and accurate report of any event or matter of public interest; or
(ii)  a fair comment on any event or matter of public interest if the comment is an expression of a genuine belief held by the person making the comment.

Earlier this year, Australian Prime Minister Tony Abbott, of the Liberal Party, pushed forward with his aim to eliminate Section 18C of the Racial Discrimination Act. He announced this goal two years ago as Opposition Leader.

In March of this year, Australian Attorney-General George Brandis made a controversial statement in support of Abbott's policy.  Brandis stated: “People do have a right to be bigots you know. In a free country people do have rights to say things that other people find offensive or insulting or bigotted". His statement has since had a large backlash from the public, media, community groups, and political parties such as the Labor Party. 

In defence of Brandis's statement, Abbott stated: "Of course this government is determined to try to ensure that Australia remains a free and fair and tolerant society, where bigotry and racism has no place, but we also want this country to be a nation where freedom of speech is enjoyed. And sometimes, Madam Speaker, free speech will be speech which upsets people, which offends people".


Prime Minister Tony Abbott (left) and Attorney-General George Brandis (right)
Source: The Australian 

Taking into consideration the types of policies that the Abbott government believes in, it is understandable why it is pushing to get rid of Section 18C. The Liberal Party can be described by "economic liberalism," promoting deregulation, highly supportive of business interests, and focused on decreasing government spending. These beliefs are evident in the Abbott government's recent controversial policy changes, such as removing caps on university tuition fees and eliminating the carbon tax. Therefore, it is not surprising that while Abbott promotes deregulation in other areas, he is promoting the deregulation of speech.

Abbott, Brandis, and other Coalition members who support him, keep reiterating that Australia has "freedom of speech." As an American hearing this story, I could not help but think about how this event shows how different the U.S. and Australia are in terms of the freedom of speech. Although both countries have "freedom of speech", the meaning of it in each country is different.

I think that if Brandis had made his statement in the U.S., there would have not been such a backlash than seen in Australia.  His statement is just simply true in America. Thanks to the First Amendment freedom of speech in the U.S., one can be as racist as one would like using speech. Like Australia, racism is generally highly opposed by the public and racists are ostracized.  Nonetheless, racists are legally allowed to speak their minds. But, racism still exists in both nations, as I will discuss later in this post.  

The U.S. was founded to escape a despotic government. Given that background, it was essential for America's Founders to establish the freedom of speech, as a way to protect people from a despotic government. Since the First Amendent is the first right in the Bill of Rights, I would say it is America's most cherished right and one that the courts tend to lean in favor of.


Source: http://advocatusatheist.blogspot.com/

The arguments put forth by proponents of 18C's repeal are very similar to those that support free speech in America. Tim Wilson, current Human Rights Commissioner and a previous Liberal Party member, believes that when speech is prohibited any discussion of the issue at hand is silenced and the opportunity to challenge it is eliminated.  Prohibiting the speech causes resentment and could lead to bigger problems later on. If bigots are able to speak their mind, greater society will backlash, showing the bigots that their speech is unacceptable.

This line of reasoning is similar to that in a number of freedom of speech Supreme Court cases in the U.S. Two landmark cases have strongly shaped how the freedom of speech is interpreted today. First, in the 1977 case, National Socialist Party v. Skokie, the Supreme Court upheld the right for the Nazi Party to conduct a parade in the town of Skokie, Illinois.  At the time, Skokie's population was near 60% Jewish.  The demonstrators aimed to wear traditional Nazi uniforms but stated they would not make derogatory comments. However, a court injunction was put on the Nazi Party from demonstrating. The Supreme Court then decided that this was unconstitutional and the Nazi Party could not be prohibited from their demonstration due to their Party's message.


The Nazi Party demonstrating in a Chicago park in 1978.
Source: www.trionfopublishing.com

Second, the 1982 Supreme Court case, Brandenburg v. Ohio, also has helped to define the meaning of free speech in America. Ku Klux Klan member Clarence Brandenburg gave a speech in Ohio where he called for "revengeance" against Jews and African-Americans. He was then convicted and sentenced under two Ohio laws that prohibited the advocacy of crime or violence as a way of achieving political reform. The Supreme Court found the Ohio laws unconstitutional.  Through this case the Supreme Court established a legal standard that determines when the government can prohibit speech that has come to be known as the "Brandenburg Test." Speech that promotes using force or crime can be limited if first, it directs the incitement or production of imminent lawless action and two, it is "likely to incite or produce such action". It is clear that in America, speech cannot be prohibited because it may severely offend a person, but rather it can only be prohibited if it may bring about lawlessness that presents a strong danger to people's physical safety.


A thought provoking cartoon about whether "free speech" and "hate speech" are one in the same.

An explicit right to freedom of speech, like the First Amendment, simply does not exist in the Australian Constitution or in Australian law. In the 1992 decisionsNationwide News Pty Ltd v Wills and Australian Capital Television Pty Ltd v Commonwealth (ACTV) 177 CLR 1, the Australian High Court ruled that freedom of expression in regards to public and political discussion was implied in the Constitution. The Court believed it was implied because the right of free expression is one that is essential to a democratic and representative government, which is the type of government that the Australian Constitution had created. 

Following cases broadened the meaning of the right to free expression in Australia, but the right does not apply to areas where political issues are not involved. The following cases extended the freedom to the publication of material that discusses government and political issues generally, relates to the the performance of Parliament members, as well as the performance, conduct, and suitability for office of members of the Commonwealth and state legislatures. This is clearly a very different scope than the one that encompasses freedom of speech in America, where the freedom of speech is not only limited to political speech.

While the freedom of speech is found explicitly in Australian law itself, Australia is a member of the ICCPR, which I discussed earlier in this post. The ICCPR explicitly includes a freedom of expression. However under the ICCPR, the freedom of expression must be limited to prevent racial vilification. However, the Australian courts have aimed to balance a freedom of speech with the freedom from racial vilification. For behavior to come under 18C, it must have effects that are "profound and serious" and not "mere slights." As I discussed earlier, Section 18D provides exceptions that protect free speech. But advocates for maintaining 18C and 18D say that, the proponents of the repeal speak as though the Act contains no free speech protections.  For example, Tim Soutphommmasane, Race Discrimination Commissioner, comments that "'The proponents of the repeal of 18C were never able to answer one question: what is that you want to say that isn't already protected under section 18D?'"  But it seems as though that the proponents of the repeal do not wish to remove 18C because they have something racist to say, but rather they just want to have more "freedom".
 
This past August the Abbott government suddenly dropped their push for the repeal of 18C. Abbott came forth and made clear that it is a part of a national anti-terrorism strategy. Given the growing strength of the Islamic State in the Middle East, and the involvement of Muslims from western countries such as Australia, the U.K. and the U.S. there, Australia does not make Muslims feel excluded at this time by pushing for the repeal of 18C. Abbott stated:
"I do not want to do anything that puts our national unity at risk at this time so those proposals are now off the table." Abbott has also stated that he is committed to engaging closer with minority communities in Australia, so that everyone is a part of "Team Australia."

However, not all Australians think Abbott should have dropped his goal of repealing section 18C at this time despite the unrest in the Middle East. As you can see below, the Institute of Public Affairs, "an independent, non-profit public policy think tank, dedicated to preserving and strengthening the foundations of economic and political freedom," thinks 18C must still be repealed.  I think the ad below shows that proponents of the repeal are pushing on this issue not because they want to be bigots, but rather they believe a freedom of speech should not have any limitations.



This ad by the Institute of Public Affairs was published in The Australian on August 8th.
Source: Institute of Public Affairs

I believe that if the events in the Middle East had not been escalating as they are, the Abbott government would be continuing with their push. But presently, it is in the Government's political and security interest to maintain the Act as it stands. Abbott has two more years as Prime Minister, so it is very possible that the push for 18C's repeal may return.  But I think the state of international and Middle Eastern affairs will have a great effect on its return in the near future.  

I recommend readers to watch this video. It gives a very good overview of the whole timeline of the 18C issue in Australia.
 

The U.S. and Australia have taken to different interpretations of free speech and ways of dealing with racist speech. However, both nations still struggle with racism as highly multicultural nations. Each country has groups of people who have been horribly mistreated in the past and still suffer from systemic discrimination today.  Recent events show very well how racism still exists: 

In 2013, Australian Rules Football (AFL) player Adam Goodes, an Aboriginal, was the victim of a racial taunt. He was called an "ape" by a young fan of the opposing team during a game. This past July, a white woman on a Sydney train launched a public racial tirade against Asians that was recorded on a cell phone video. She mocked a passenger for having a "gook" for a girlfriend, as well as mocking her accent and conducted a racist gesture of pulling at her eyelids.  The Australian Government has also been the subject of attacks from UN Human Rights officials for the very poor treatment of asylum seekers in detention centers.


Adam Goode, an Aboriginal AFL player for the Sydney Swans.
Source: The Telegraph 
In 2010, the American state of Arizona passed a law (SB 1070) that allowed law enforcement officials to effectively racially profile, by allowing them to ask for people's papers showing their citizenship status "during a lawful stop, detention, or arrest."  In 2012, an unarmed 17 year old African-American, Trayvon Martin, was shot and killed by a white neighborhood watchman in Florida.  Most recently in early August, there have been riots in Ferguson, Missouri as a result of an unarmed African-American young man, Michael Brown, being shot and killed by a white police officer. 

A demonstrator at a protest of the 2011 Arizona SB 1070 law.
Source: anthonyuu.wordpress.com
Students at Howard University in Washington, D.C. took this photo in response to the Michael Bown shooting.
Source: hlntv.com

So given all of these similar recent events in each country, it is very interesting how each country addresses racist speech so differently through law.  Is one way better than the other? Does 18C actually helps people who have been racially vilified? Is 18C having an effect on decreasing racism in Australia?

A 2006 paper from the University of Melbourne Law School asked whether the Act has contributed to eliminating racial discrimination and analysed data between 2000 and 2004.  The author, Beth Gaze, explains that it is difficult to measure the successs of anti-discrimination law because statistics are ambiguous.  For example, an increase in complaints could mean public knowledge about what one can bring a complaint about has improved or discrimination has increased.  She also comments that it is difficult to know what statistics about conciliation mean: "The fact of settling does not indicate how adequate the settlement was: where complainants are in a weak position, they may be grateful for any settlement offered, in order to avoid a hearing in the federal court".

Complaints of racial vilification that fall under the Racial Discrimination Act must be lodged with the Australian Human Rights Commission. During the 2012-2013 financial year, the Commission received a 59% increase in complaints under section 18C. During that year, 53% of racial vilification complaints were resolved through conciliation.  Also in that year, 4% of complaints were declined for being "trivial, misconceived or lacking in substance". Only less than 3% of complaints actually go before a court.
 
Of those complaints that do make it to court, most are dismissed according to this article. The article includes an interesting slideshow profiling the types of complaints that have been upheld and dismissed in court as instances of racial vilification under the Act. Most complaints come from Aboriginals, while the second largest group comes from Jews, and only a small amount come from Caucasian people.

But what do these statistics tell us?  There has been a signficiant increase in complaints recently.  Are people more knowledgable about the law or is Australia more racist?  A large number of cases are being settled through conciliation, but were the settlements favorable or unfavorable to the person who brought the complaint?  Does the dismissal of a lot of cases mean people are making complaints that do not come under the Act or is the court being too selective of the cases that it chooses to hear?

Overall it seems to me that the research on the effectiveness of the Act is limited and it is not clear whether it has been largely helping those who have been racially discriminated against.  Ultimately Gaze concludes that the Act has had limited success and has been a weak way to reduce racial discrimination, which she believes shows "the difficulty of using law as an instument of social change."

So should there be laws to prevent people from using racist speech?  Or does giving people the freedom to speak in a racist manner better help address racist speech in a society? Which way has a better hope of helping to decrease racism? Should people be allowed to be bigots?  Readers, what do you think?

Written by: The American.