Reducing Alcohol Outlet Density in Omaha: The Power of Grassroots Community Organizing

2015 PHAN CONFERENCE

SEPTEMBER 22, 2015

Where We’re Going

I. Setting the Stage – OverviewII. Determining alcohol outlet density in a communityIII. Approaches to regulating alcohol outlets

I. Planning the Effort to address alcohol outlet densityII. Getting started – next steps

CONTENT

PROCESS

It’s Your Turn

What has been your experience in working to achieve community-level change?

Background: The Community GuideThe Center for Disease Control (CDC) working with the Guide to Community Prevention Services made the following policy recommendations:

•Regulation of alcohol outlet density•Increase alcohol taxes•Dram shop liability•Maintaining minimum drinking age laws•Maintaining limits on hours of sale

http://www.thecommunityguide.org/alcohol/index.html

What is Alcohol Outlet Density?

The Community Guide defines alcohol outlet density as:

The number of physical locations in which alcoholic beverages are available for purchase either per area or per population.

“Alcohol outlets” include all commercial businesses that sell and serve alcohol including on- and off-premise sales.

What is Alcohol Outlet Density?

ON-PREMISE LOCATIONS

State and local laws will dictate how, when and where alcohol can be sold and/or served.

OFF-PREMISE LOCATIONS

What does Alcohol Outlet Density look like in Your Community?

Activity: Draw a map of your community – include:• Major roads• Areas of high concentration of alcohol outlets• “Hot Spots” of criminal activity• Schools• Commercial areas• Other…

Why is Alcohol Outlet Density A Problem?

Source: National Academy of Sciences

“A diverse group of studies indicates that when the density of on- or off-premises alcohol outlets is high or increases, the level of alcohol consumption is correspondingly high or increases, and excessive consumption and its diverse related harms occur.”American Journal of Preventive Medicine (2009)37:6 pps. 570 – 571 Task Force on Community Preventive Services:

Consequences: Community Issues

Consequences: Community Blight

San Francisco Aggravated Assault Incidences and Alcohol Outlets

Consequences: Crime and Violence

11

Consequences: Health & Safety Issues

Consequences: Underage Drinking

Disparities in Exposure and Adolescent Drinking

What the Science Tells Us

Increased alcohol

availability

Increased alcohol

consumption

Increased public health/safety

problems

Density of alcohol outlets is associated with increased consumption leading to:

• Binge drinking• Motor vehicle crashes• Violence• Other crime• Health problems• Hospitalizations• Child abuse

American Journal of Preventative Medicine, 2009 , 37 :6: pps. 567-569

Why is Alcohol Outlet Density a Public Health Issue?

Excess consumption

is responsible for:•80,000 deaths per year (2001–2005)•$223.5 billion in direct and indirect costs (2006–2010)

Determining Alcohol Outlet Density

Examine factors that contribute to density.

Use data to make a case about alcohol outlet density.

Determine if there are too many alcohol outlets in your community.

How do you know if there are too many alcohol outlets in your community?

Analyze community data to determine if there is:

High concentration of outlets in the community

Evidence of high levels of consumption

Negative consequences

+ +

Factors That Influence Alcohol Outlet DensityActivity:

1. Discuss how you would determine whether outlet density is a problem in your community.

2. Identify who would need to be involved in this discussion.

Number and Types of Alcohol Outlets

Size of the Community

Neighborhood Environmental

Factors

Outlet Size / Sales

Volume

Clustering

Local Regulations: Hours of Sale

Related Illegal

Behavior

Location

Alcohol Outlet

Density

Factors That Influence Alcohol Outlet Density

Factors That Influence Density

Type and number of outlets - Bar, restaurant, grocery store, liquor store

Size of the community – Population / Per sq. mile

Clustering - How they are aggregated in given area?

Factors That Influence Density

Measuring Alcohol Outlet Density involves measuring number and location of the outlets in terms of:

Outlets per population

Outlets per land area

Outlets per road mile

NOTE:The Density Mix includes many different factors. There is no standard land area in which density is measured.

Factors That Influence the Impact of Density

Location relative to sensitive land uses - schools, parks, places of worship, etc.

Outlet size - volume of sales

Local regulations: hours and days of Sale

Association with illegal activities - i.e. drug abuse, crime

Neighboring environmental factors - demographics and level of community isolation

Factors That Influence Density

Activity:

1. Now that you are all experts on alcohol outlet density, update your maps.

2. Identify what other information you would you need to complete the map / describe density in your community?

Building The Partnership for Advocacy

The Public Health Department should not and cannot do it alone. It must identify an existing coalition or work group to coordinate the effort.

Building The Partnership for AdvocacyPartnership Required to Change Alcohol Outlet Density

Coalition membersidentify

and approach

Who are the individuals who can influence City Council/Planning Board members one-on-one?

Who are the grassroots community members

who will speak out on behalf of the ordinance?

Decision MakersPolicy

Change

Building The Partnership for AdvocacyCommunity coalitions:

Impact a specific, defined community

Engage all sectors and members of the community

Address conditions and settings in the community

Promote comprehensive individual- and environmental-focused strategies

Achieve positive outcomes (reduce substance abuse) throughout the community

Influencing Policy to Regulate Outlet Density

Nine Action Steps

Drawn from lessons learned in tobacco control and other successful public health policy initiatives.

Differing emphasis depending on the jurisdiction of laws to be changed.

Requires partnership with community coalition.

Requires “grassroots” lobbying due to limits imposed on Health Department.

Influencing Policy to Regulate Outlet Density

Nine Action Steps

1. Assess resources needed for policy advocacy2. Clarify the policy goal3. Make your case and frame your issue4. Seek in-kind support from an attorney with expertise in municipal or

state law5. Conduct media advocacy campaign6. Organize and mobilize grassroots and grasstops support7. Convince the policy making body to adopt the proposed regulatory

proposal8. Plan for implementation and enforcement9. Overcome challenges and pitfalls

• Alcohol outlets in Nebraska have grown at a rate that is twice as fast as the state’s population.

• An overconcentration of outlets in areas created vulnerable neighborhoods.

• Neighbors and city leaders experienced powerlessness in liquor licensing decisions.

• The community is using the city’s land-use powers to gain regulatory authority to control the environment around alcohol outlets.

The Overview: Alcohol Outlet Density in Omaha, Nebraska

• Building frustration among residents‒ Orchard Hill Neighborhood Association

Supreme Court Case (2006)‒ Alcohol Impact Coalition (2007)

• Prevent alcoholic beverage sale activities from becoming a source of public nuisance.

A Problem Demanding Attention: The Tipping Point

• Serving as a connector between local residents and national experts.‒ Legal memo (2010)

• Supporting larger technical assistance and coaching to neighbors who were already addressing liquor licensing issues.

• Managing relationships and brokering discussion between the mobilization of the community and the power dynamics of the city.

• Affirming the role of residents in the foundation of the power.

– Nonprofit subservient to neighbors.

Project Extra Mile’s Role

Legal Memo

“Local governing bodies shall only have authority to approve applications and deny licenses pursuant to the Nebraska Liquor Control Act.…The governing bodies of cities and villages are authorized to regulate by ordinance, not inconsistent with the Nebraska Liquor Control Act, the business of all retail…licensees carried on with the corporate limits of the city or village.”

Legal Foundation

“When all other factors were controlled, higher initial levels of drinking and excessive drinking were observed among youths residing in zip codes with higher alcohol densities.”

Chen, M., Gruenewald, P.J., & Remer, L.G. (2009). Does alcohol outlet density affect youth access to alcohol? Journal of Adolescent Health, 44(6), 582–589.

Data Collection is Key:Using Data to Make the Case

Measuring Excessive Alcohol Consumption:

Measures of youth and adult binge drinking:

Frequency (number of binge drinking occasions)

Intensity (number of drinks per binge)

Sources:

CDC Chronic Disease Indicators

Surveys - Youth & Adult

Qualitative data – focus groups, interviews

Data Collection is Key:Using Data to Make the Case

Key Steps: Campaign Development

Create the image/logo for the campaign

• Clear talking points‒ State liquor licensing system is broken‒ City Council got it right‒ Need local control

Issue Brief

Community Organizing: Phase I Build broad community support (resolution of support)

◦ Anti-violence - Enforcement◦ Urban developers - Public health groups◦ Faith community - Neighborhood associations

Assess where to spend time◦ Power analysis of City Council and Planning Board◦ Cross reference City Council members to . . .

◦ most impacted areas ◦ areas with strongest constituency base (likely the same)

Establish a touch point person

Community Organizing: Phase II• Grasstops

◦ Meet with City Council/Planning Board members

◦ City staff◦ Business community◦ Chamber of Commerce◦ Developers◦ Treatment centers/Hospitals◦ Churches◦ Organizations

• Grassroots◦ Attend community meetings◦ Walk through

neighborhoods◦ Scan media stories for any

new hot spots/leads/ contacts

◦ Present to anyone who will listen

• Build broad community support‒ Anti-violence‒ Urban developers‒ Faith community‒ Enforcement‒ Public health groups‒ Neighborhood associations‒ Retailers

People Are Power:Building a Broad Base of Community Support

Signing on For Support

Community Organizing: Phase III Media advocacy ongoing and strategic

◦ Launch event◦ News conferences◦ Letters to the editor◦ Op-ed◦ Facebook & Twitter: “The LOCAL Campaign”◦ www.thelocalcampaign.com

• Community leaders are passionate about protecting their neighborhoods.

‒ Drivers of the work‒ Can do hard-hitting advocacy pieces

Driven by the Grassroots

Ordinance Formation Review preemption issues

Understand city’s process to get ordinance up for a vote

City attorney’s office – legal opinion

•Data collection– Critical - Know where to go and who to ask– Understand what is already collected in your state– Putting it in a user-friendly format

Community meetings to gather ordinance elements

Educate City Council members on draft proposal

Ordinance Negotiating

Submitted draft proposal (June 30, 2011)◦ Control where new businesses could locate◦ Address existing problem businesses◦ Enforcement of ordinance (impact fee)

Received rewrite from city (April 27, 2012)◦ Addressed new businesses in AI district where problems already existed◦ Cumbersome process to establish AI district◦ Application fee for neighbors

Ordinance Negotiating Counter proposal (May 3, 2012)

◦ New businesses ◦ AI districts stayed◦ Loosened where AI districts could be placed◦ Removed application fee

◦ Existing businesses◦ Added public nuisance abatement standards for all outlets

city wide (building upon existing city code)

◦ Impact fee ($75) for all businesses, directed for enforcement

Omaha’s “Good Neighbor” Policy

Amended proposal (October 12, 2012)

◦Authorizes the city to regulate businesses with retail liquor licenses so business activity is consistent with the public interest.

◦Authorizes the city to define, regulate, suppress and prevent nuisances stemming from licensed establishments.

◦Functions by using the city’s land use powers to set conditions of operation on alcohol-sales establishments that reflect the community’s standards.

◦Provides the city’s planning department the authority to suspend, cancel, or revoke an alcohol-sales establishment’s certificate of occupancy if nuisances are not abated as directed.

Omaha Alcohol Sales Location Nuisance Standards

The “Good Neighbor Ordinance” was passed by the Omaha City Council in October 2012.

But, we’re not there yet. . .

Change Doesn’t Happen Overnight

• Pushing for execution of the ordinance. ‒ Assisting the city in defining the process.‒ Assisting the city in creating the necessary instruments.‒ Looking for tangible effects of the ordinance in neighborhoods.

• The policy is only as good as the enforcement that supports it.‒ Working with police department to ensure their input and buy-in.

Implementation and Enforcement

City of Omaha Takes Action:Putting the Good Neighbor Policy to Use

• Legal support is essential to addressing pre-emption issues.

• A complex community-organizing model requires ongoing, regular communication.

• Shifting political winds and sudden opposition to advocacy work can derail an effort unless they are carefully managed.

• You can’t always get what you want. But with patience and persistence, you can get some of the building blocks that you need.

Lessons Learned:You Can’t Always Get What You Want

Thank you!

Project Extra Mile

11620 M Circle

Omaha, NE 68137

Phone: 402-963-9047

www.projectextramile.org

Project Extra Mile

ProjectXtraMile