Under the Influence : A Case Study of the Elks, MADD, and DUI Policy 9780761865605, 9780761865599

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Under the Influence A Case Study of the Elks, MADD, and DUI Policy John C. Mero

University Press of America,® Inc. Lanham • Boulder • New York • Toronto • Plymouth, UK

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To Ali

Contents

Introduction

vii

1 The Elks, MADD, and DUI Policy: A Line of Inquiry?

1

Part I 2 From Jolly Corks to Elks 3 The Elk Lodge Bar 4 American Fraternal Associations and the Elks

17 19 29 37

Part II 5 The Origin and Growth of MADD 6 Interest Groups, Professional Advocacy Groups, and MADD

51 53 71

Part III 7 MADD on the Rise: Leveraging State Action to Enact DUI Policy 8 Elks in Decline: How DUI Policy and Other Factors Affect Association Membership 9 Why Is the Decline of the Elks Important?

81 83 91 109

Part IV 10 Conclusion

117 119

Bibliography

131

Index

137 v

Introduction

One autumn, I spent Thanksgiving in Miami with my soon-to-be wife and her family. My parents had joined us from out of town. It was a busy holiday, but at one point my father and I found ourselves alone drinking coffee at a nearby Starbucks. We had completed our usual discussion of the state of NBA basketball—agreeing on the endemic lack of fundamentals among today’s professional players—before we turned to the subject of my studies. My father asked, “How is school going?” and I said something like, “Fine, but it is a lot of reading.” To this he gave an understanding nod. Looking back at this particular moment, I recall a period of comfortable silence that followed. It was within this short period of time that I realized my father, an Elk and Past Exalted Ruler, would be interested in hearing about Robert Putnam’s Bowling Alone, the current subject of discussion in one of my graduate classes. As I summarized the decline and revitalization of American associational life my father sat listening, arms folded on his chest. He waited until I had finished and with arms still folded said, “I’ll tell you why a lot of guys left the Elks. DWI. They were afraid of getting a ticket for drunk driving.” For me, this observation had the dual effect of devastation and revelation. The devastation was to my fantastic memories of being a child with a parent in the local Elks. I had remembered the Elk lodge on Montcalm Avenue as one of the “fanciest” places I had ever visited. A secured door opened to a steep staircase that opened into a room with overstuffed leather chairs and sofas, ash trays on stands, marble-looking floors, and lush potted plants and trees. Resting comfortably in my mind over all those years was the image of the lodge as a place where Dorothy Sayers’ debonair sleuth Lord Peter Wimsey would be found reading a paper, smoking a cigar, and drinking a glass of port. I seemed to recall every Elk member wearing a grey flannel suit with a vii

viii

Introduction

pocket watch hanging from the vest. To this day, I would swear some wore spats. Perhaps adding to this fantastic memory was the recollection that my brother and sisters and I would wear our “dress-up” clothes to special lodge functions. The realization that these memories were selective, even embellished, was distressing; however, it also was a revelation. I began to look at this particular cross-class voluntary association more realistically than I had as a child. My father’s statement revealed a new path of inquiry into the subject of America’s declining traditional associational life. My social scientific training and inclinations guided me down this path. The community I grew up in is a small paper mill town in the Adirondack Mountains of New York State. It has a population of roughly 5,000 and, during the mid-1970s when I was a child, it may have had as many as 6,000 inhabitants. Needless to say, it was a town in which most of its citizens were born there, remained to raise a family, and—if they were lucky—got a job at the paper plant that offered the best wages in the entire county. Like many small rural towns across the country, very few people went to college—not just in the 1970s but even today. 1 Most worked blue collar and manual labor jobs or owned their own trade-type enterprise. The reality that I had overlooked was that these people were members of the lodge too. Membership was not exclusive to the local general practitioner and attorneys who had so impressed me as a child. It was a cross-class membership of mill workers like my father, merchants, teachers, and tradesmen who owned their own business as well as doctors and lawyers. They were all Elks. Moreover, there was more than the lodge—there was the Elk’s field. I had forgotten about the fundraising and social events (clam bakes, steak bakes, and chicken barbeque dinners) held at the field just off of Route 9N, between the pallet factory and Sawyer’s farm. It was here where I remember the volleyball and badminton, the casino-style games, and the kegs of beer and plastic cups of mixed drinks. Now, thanks to my father’s observation, I recalled the memories of drunken adults behaving foolishly and children playing unsupervised. The images of intoxicated husbands and angry wives arguing over who would drive home played out on a stage for all to see. Usually, and luckily, the sober wife would win this public skirmish and the husband, sheepishly looking back at his fellow Elk, would reluctantly capitulate to the passenger seat, his head hanging in defeat as the car eased out of the bumpy field and onto the hot black asphalt of 9N. This is not to say that drunkenness of this type did not also occur in the Elk lodge’s rooms of my childhood memory. It more than likely did, but as a child I witnessed the public ceremonial events and was not privy to the supper parties, fancy-dress dances, float decorating parties, and Monte Carlo Nights that were members-only lodge functions. Furthermore, I am not insinuating that drunkenness was the norm. Rather, my hometown’s Elks partici-

Introduction

ix

pated in many collaborative efforts with other voluntary associations for the betterment of the community: they made floats for parades, raised money for students going to college, gave dictionaries to children, organized hoop shoots for kids, and held winter coat drives. They were an important part of the town’s civil society. After and during the charitable events the Elks “socialized,” and the drinking on these occasions often was excessive. I contend that we cannot accurately describe the Elks without recognizing both aspects of their voluntary association. It was and is benevolent, charitable, patriotic, and a social club with a full-service bar. This conversation with my father motivated me to follow a particular line of inquiry involving a specific public policy and its impact on one of America’s oldest voluntary associations. If indeed Driving Under the Influence (DUI) laws have deterred some citizens from being active in the Benevolent and Protective Order of Elks (the Elks), how and when did it happen? A quick internet search produced the information that strict enforcement of DUI laws began during Thanksgiving 1980. Mothers Against Drunk Driving (MADD) is credited with convincing policymakers and the public of the need to strictly enforce already existing drunk driving laws. A closer read of Bowing Alone revealed that Robert Putnam reports numerous owners of bowling houses lamenting the loss of bowling leagues because they “consume three times as much beer and pizza as do solo bowlers.” 2 This, he says, is problematic because solo bowlers are less likely to engage in social interaction and civic conversations that take place over eating pizza and drinking beer. Furthermore, he identifies the early 1980s as the time league bowling began to decline, 3 which coincides—as I discovered through my own research—with MADD’s national efforts to promote strict DUI enforcement beginning in November 1980. This evidence, although indirect, lends support to my line of inquiry. Perhaps in some situations state action, leveraged by newer advocacy and professional groups like MADD, has inadvertently undermined older traditional cross-class membership associations like the Elks by reducing their membership rolls. The question I seek to answer in this book is straightforward: What are the unintended and potentially negative consequences of an undeniably good policy such as DUI policy? This study examines the relationship between associational life, specifically the Elks’ fraternal life, and public policy. As one of the oldest lodge-based voluntary associations in America, the Elks have been impacted by government policies such as DUI laws and smoking bans. To get at this empirically, I engaged in a lodge-based analysis by conducting 55 telephone interviews with Elk Exalted Rulers (ERs) in Florida and California. Presented in this book are the perceptions of ERs who were asked whether DUI laws were impacting their membership rolls.

x

Introduction

What emerges from the interviews is a history of the Elks longevity as an American voluntary association due largely to their willingness to change with the times. From their founding in 1884 as the Jolly Corks—a group of New York stage actors—to their modern-day incarnation as the Elks, I discovered an organizational willingness and ability to change when faced with societal pressures and legislation. From eliminating the white clause to the inclusion of women as full members, the Elks have shown an ability to remain relevant by re-thinking their rules. The ways in which the Elks have responded to stricter DUI laws and societal views of drinking and driving fit seamlessly into their history. OVERVIEW OF BOOK After presenting in Chapter 1 the early hunches and methods that laid the foundation for the research project, this book is organized into four parts. The three chapters in Part I present a case study of the Elks organization—its origin, development, and role within the field of traditional cross-class membership organizations. Chapter 2 is a history of the Benevolent and Protective Order of Elks (the Elks). It begins with the organization’s founding as the Jolly Corks in the Bowery section of New York City by a group of stage actors and workers who wanted to circumvent New City Sabbath alcohol ordinances. It ends with the current-day Elks. The Elk mission and charitable efforts also are reported in this chapter. Chapter 3 discusses the role of alcohol consumption in fraternal life, particularly the importance and functions of the Elk lodge bar. Chapter 4 examines traditional cross-class membership organizations broadly, fraternal associations more specifically, and where the Elks fit into this tradition. Part II, chapters five and six, presents a case study of the MADD organization—its origin, development, and role within the field of interest groups organizations. Chapter 5 describes the origins and rapid growth of MADD from a small grassroots group in the early 1980s to a highly professionalized advocacy organization in the mid-1990s. Chapter 6 offers a broad discussion of interest and advocacy groups and then proposes that MADD can be categorized as a hybrid Citizens-Advocacy group. Part III, chapters seven through nine, addresses the continuing rise of MADD and decline of the Elks in the wake of stricter DUI laws, beginning in 1980. Chapter 7 describes how MADD has leveraged the state to enforce and strengthen DUI laws and presents an overview of modern DUI policy. In Chapter 8, reasons for the Elks’ decline, including the effect of stricter DUI laws, are presented. In-depth data from 55 telephone interviews with Elk ERs in Florida and California support this discussion, shedding light on perceptions of declining membership participation levels. Chapter 9 addresses the

Introduction

xi

questions: If the Elks have declined since the 1980s at least in part because of the negative unintended consequences of the DUI laws for which MADD advocated, why does that matter? Why is the decline of the Elks important? Part IV, comprised entirely of chapter 10, contains concluding comments and suggestions for further research in the field. AUTHOR’S NOTE I want to take this opportunity to let the reader know that who I am, and the experiences I have had, guide this book to a certain degree. Being a social scientist, I uphold an “objective oath” of social scientific inquiry. I take this very seriously and strive for it at all times. This being said, I will explicitly state that I want this book to be accessible to the average American citizen while at the same time being a sound social scientific work. Accessibility, be it physical or intellectual, is essential to democracies. This book is a work of empiricism presented in a narrative style, and an effort was made to eliminate academic jargon. Furthermore, there are personal reasons that lie behind this book. It is an attempt to order my own experiences growing up in a poor, rural mill town in Upstate New York and the events, communities, and people/citizens that influenced them. NOTES 1. According to the 2000 U.S. Census, 24% of its citizens hold a bachelor’s degree or higher. (factfinder.census.gov) 2. Robert Putnam, Bowling Alone: The Collapse and Revival of American Community (NY: Simon & Schuster, 2000), 113. 3. Ibid., 112.

Chapter One

The Elks, MADD, and DUI Policy A Line of Inquiry?

I believe it [DUI] does [impact membership]. I know people in our lodge are much more cautious, and we too as an association are more cautious. I’m tending bar right now and there is no one here. (California Exalted Ruler)

To discover if my research question—What are the unintended and potentially negative consequences of an undeniably good policy such as DUI policy?—had merit, I conducted preliminary inquiries. This chapter is a nearchronological account of my endeavors. As the reader will discover, much of the information provided encouraging, albeit indirect, evidence. I then discuss the policy context of this research and end the chapter with some concluding thoughts on why the Benevolent Protective Order of Elks (BPOE or the Elks) are an important association to study. After describing the development of the Elks organization dating back to 1868 in Chapter 2, I then present the findings from my interviews with modern-day Florida and California Elk Exalted Rulers (ERs) in Chapters 3 and 8. The ERs, such as the California ER quoted above, further confirm the impact of DUI policy on the Elks. PRELIMINARY QUERIES DUI Data by State My first step for this study was to find records of DUI arrests by state for the years 1980–2000. It stood to reason that by looking at the data I might see nationwide and individual state trends, lending credence to my hunch. I decided to collect data on DUI arrests and not convictions; it seemed that 1

2

Chapter 1

arrests were a better indicator of law enforcement than conviction. The analysis of the data was quick and involved simple descriptive statistical analysis. Preliminary descriptive statistical analysis of the average number of DUI arrests for each of the 27 states showed a spike in arrests between 1980 and 1983 that is followed in 1984 by a dramatic decrease in the average number of Elk members for the same states (see Table 1.1). Efforts were made to collect DUI arrest data from all 50 states, but in the end this was not possible. 1 The DUI data is reported by each state and not from the FBI’s Uniform Crime Reports (UCR), which did not begin collecting and reporting DUI arrests until 1990. When confronted with missing data, I used SPSS “curvefit” to replace the missing data with an estimated value (see Figure 1.1). DUI arrest data is examined in this study because my inquiry is focused on the enforcement of DUI laws and not convictions, which are an outcome of a court or administrative process. Data on convictions does not necessarily reflect the total number of arrests because many cases do not make it to court. Based on the DUI literature, it seems reasonable that fear of arrest—the experience of being stopped by the police, subjected to a field sobriety and breathalyzer test, arrested, brought to the station to be booked, and locked up—deters most citizens from drinking and driving. 2 It seems logical that DUI arrest rates would impact a population’s fear of arrest. The more DUI arrests in an area, the greater the population may fear being stopped by the police and arrested. Searching for Full-Service Bars in Vermont It seemed to me that every fraternal association’s lodge I had ever visited— be it Elk, Knights of Columbus, or Mason—housed a full-service bar for members and members’ guests. I decided to call each Elk lodge in the state of Vermont to see if this was true for the Green Mountain state. Vermont was not chosen randomly; I selected the state primarily due to its small number of lodges—the assumption being that I would observe emerging trends more quickly. According to the Elk Local Lodges online web site, the state of Vermont is home to 13 lodges. Most of the telephone numbers provided by the website were for the lodges’ bar rooms. I called in the evening and had no problem speaking to the person tending bar. I was prepared to ask if the lodge had a bar, how late it was open, and if it was open to the public. Within one evening I found that 12 of the 13 lodges had full-service bars, most were open until 10:00 p.m. or “when I lose the crowd” as one person told me, and the bars are not open to the public—a person must be a member or a member’s guest. I told one man that I was neither and he told me in a somewhat slurred voice to “come on down and we’ll sign you up.”

The Elks, MADD, and DUI Policy

3

Table 1.1. States and Sources of DUI Arrests (1980-2000) State

DUI Arrests Sources

1.

Alaska

AK Department of Motor Vehicles (1980-2000)

2.

Arizona

AZ Crime Report (1980-2003)

3.

Arkansas

AR Crime Information Center (1980-2003)

4.

California

CA DUI Summary Statistics (1980-2002)

5.

Florida

FL Uniform Crime Report (1980-2000), (1988 Curvefit SPSS)

6.

Georgia

Georgia Criminal Statistics (1980-1998), (1999-2000 Curvefit SPSS)

7.

Iowa

IA Uniform Crime Report (1980-2003)

8.

Kansas

KS Annual Report of the Courts (1980-2003)

9.

Maine

ME Bureau of Highway Safety (1980-2003), (1980 Curvefit SPSS)

10.

Michigan

MI Uniform Crime Report (1983-2003), (1980-1982 Curvefit SPSS)

11.

Minnesota

MN Impaired Driving Fact Book (1980-2003)

12.

Mississippi

MS Department of Public Safety (1980-2003)

13.

Missouri

MO Source Book (1981-2003), (1980 Curvefit SPSS)

14.

Nebraska

NE Crime Commission (1980-2000)

15.

New Jersey

NJ Uniform Crime Report (1980-2000)

16.

North Carolina

NC DOT DMV Raters Summary Report (1980-1990, 99-03), FBI Uniform Crime Reports (92, 93, 95-98), (1991 and 1994 Curvefit SPSS)

17.

North Dakota

Crime in ND Annual Reports (1980-2000)

18.

Oregon

OR DUI Control System Measures (1983-1991, 1992-2003), (1980-1982 Curvefit SPSS)

19.

South Carolina

SC Crime Report (1980-2003)

20.

South Dakota

SD DMV Traffic Accident Summary (1980-2000)

21.

Tennessee

TN Department of Safety (1983-2003), (1980-1982 Curvefit SPSS)

22.

Texas

TX Uniform Crime Reports (1980-2003)

23.

Virginia

Crime in VA Report (1980-2003)

24.

Washington

WASPC Records (1980-2002)

25.

West Virginia

WV DMV Annual Report (1980-2000)

26.

Wisconsin

WI Alcohol Facts Book (1980-2000)

27.

Wyoming

Crime in WY Annual Report (1980-1989), (1990 Curvefit SPSS), FBI Uniform Crime Reports (1991-2003)

4

Chapter 1

Figure 1.1.

The significance of this finding, albeit representative of only one state, is that almost all the lodges (12 of 13) operated full-service bars. Furthermore, it was uncertain whether the Newport Lodge No. 2155, the only lodge that did not have a bar, had a physical lodge. The telephone number listed on the online directory was out of service, and the phone number listed was for the ER was a private home—not the lodge. The person who answered my call was a local Elk member who told me that the lodge did not operate a bar. I did not ask if a physical lodge existed. Consequently, the finding that 92% of the Vermont lodges housed a full-service bar encouraged me to continue my line of inquiry. LexisNexis Searches for Alcohol and Elk Related Stories If DUI laws play a role in changing the ways in which some Elks associate, I expected to find some evidence of an “alcohol” culture. It made sense that where there were bars, there were troubles. Vivid childhood memories of the

The Elks, MADD, and DUI Policy

5

events held at the Elks field were the catalyst that drove this search of the LexisNexis public database. Also, as an undergraduate, I had spent my fair share of winter- and summer-break nights in my local Knights of Columbus lodge’s bar as a member’s guest and had occasion to bear witness to the expulsion—on rare occasions—of intoxicated members. The most memorable incident was when Booney Evens became enraged over a game of cards with a fellow Knight he had accused of cheating. Booney’s anger, I suspected at the time, was fueled by alcohol consumption and the toll of working long hours of shift work at the paper plant. I spent my college summers working in the plant’s wood yard alongside Booney, who was a crane operator. I was aware of the impact shift work had on my body and mind during each of those summers. I could imagine how a lifetime of such work would impact one’s body, and I understood the displaced anger I saw that evening. My LexisNexis search consumed roughly two hours a day for two weeks. I began by entering the terms “Elks” and “alcohol” into the database search. Immediately, it produced a litany of newspaper stories about drinking-related arrests at Elk clubs throughout the country. For example, a pregnant woman was struck with a bottle as she was leaving the Niagara Falls, NY Elk club. 3 The woman told police that the incident occurred around 2:30 a.m. “when she got into an argument with another women.” AP ran an article titled, “Man Pleads Innocent to Reckless Endangerment Charge.” 4 The article detailed the story of Richard Ortiz, Sr. who was arraigned for “brandishing a handgun” during an altercation stemming from a card game at the Barre, VT Elk club. One January, a Bangor, ME man died from a head injury after a “scuffle” at the Elk club on Odlin Road. 5 The Chattanooga Times Free Press reported that Alcohol Beverage Commission Agents raided the Athens Elk lodge, confiscating video poker and slot machines. Agents said that “having gambling machines in the club violates their license to serve liquor by the drink.” 6 The Phoenix New Times ran an article entitled: “Drinking Buddies: Councilman’s Bar Stays in Business Thanks to Helpful Liquor Board Action.” In great detail, the paper reported an account of Elk Lodge #477 and its numerous liquor and gambling violations—dating back to 1983. In short, the reporting journalist claimed that the Exalted Ruler of the lodge had received preferential treatment from local politicians—allowing him to keep the Elk club lounge open after numerous alcohol board violations. 7 During a raid on a Rochester, MI Elk club, several items including “Las Vegas-style gambling tables, $27,000 in cash, and the names of 75 men including the city council’s mayor (pro-tem), were seized.” 8 The search produced evidence, although indirect, that alcohol consumption and barrooms are a large part of the culture for some Elk lodges. Admittedly, I had not expected to find the level of criminal activity that the search revealed. My sense was that I would find a few disorderly conduct arrests, something more likely to be found in the pages of a Sinclair Lewis novel

6

Chapter 1

rather than the Charles Bukowski-type activity that I had discovered. Moreover, due to the unexpected content of the articles, I was now facing some very interesting puzzles. First, I had to ask myself if the Elk lodges that were raided for illegal gambling and had their members crowning each other with beer bottles played an important role in their respective communities. Second, I wondered how this narrative fit in with my concept of traditional cross-class voluntary associations—much of which is based on the work of Robert Putnam and Theda Skocpol. How had they not alerted us to this type of behavior? Could our notions of a traditional voluntary association like the Elks be incorrect or incomplete? Third, in light of the intoxication and arrests reported by various newspapers, how could I claim that the Elks were changing with the times—stricter enforcement of DUI laws? It clearly was not impacting the members involved in the activity I found. Perhaps everyone arrested had walked to the lodge, or taken a cab. Further searches for “Elks” in LexisNexis produced a rich tapestry of stories about charitable, benevolent, and civic work, being performed by a multitude of lodges. For example, an “Elk” search produced the following events. The Elks of Winter Haven, FL held their third annual “Independence Day Chicken Barbeque.” The cost of the event was $6.00 and all proceeds went to the Harry Anna Trust for Children. 9 The Elks of Bloomington, IL held a “Flapjack Fund-Raiser” at the lodge. 10 The Syracuse, NY Elks held their annual “Hoop Shoot” for local youths. 11 The Bangor, ME Elks used their lodge as a staging area to knit hats for cancer patients. 12 Clearly, the local Elk Lodge is an important center for charitable activity and community events for many towns and municipalities. It seemed that for every alcoholrelated Elk story found in the LexisNexis search, there were ten stories of events that benefited a specific community member or the entire community. Whether to raise money for college students, hold recreational activities for youth, or provide services for someone with a serious disease, these events represent the larger body of Elk activity. This being said, it cannot be denied that something else is occurring at Elk lodges from rural Maine to urban lodges in Phoenix. It is evident that for some members, heavy drinking is an important aspect of lodge life. It is an aspect of the association that has been overlooked or underestimated by many social scientists. In all likelihood it is something that occurs in all associations that maintain bars, and not just the Elks. Regardless, the question of whether stricter enforcement of DUI has impacted the Elks is pertinent. Pre-testing the Survey Instrument in Nebraska Having completed my initial searches, it was now time to talk with the Elks. I developed in-depth interview protocols and decided to pre-test them in the

The Elks, MADD, and DUI Policy

7

field before “going live.” The purpose of the pre-test was twofold. First, in the process of interviewing some Elk members from one state, I could assess my questions about DUI and Elk membership. Second, I wanted to identify and correct any confusing or misworded questions before conducting interviews with the sample members selected for the study. This process of pretesting assured greater reliability of the questionnaire. I pre-tested the telephone questionnaire in the state of Nebraska. Nebraska was eliminated from the subsequent round of qualitative research because of its homogeneous demographic profile. I decided to interview Elk Exalted Rulers for two reasons. One, ERs are some of the most knowledgeable members of the lodge because they are some of the most active members. To become an ER a member typically moves up through the four offices (chairs). This involves a significant amount of time and dedication to the lodge. Two, the cost of contacting a larger group of rank-and-file members was prohibitive. I did not have the funding to support cost of postage; and I did not have the free time to conduct a large amount of phone interviews. I created an advanced letter and mailed the first wave to ERs in Nebraska. In the body of the letter, I introduced my research project and indicated that I would be calling soon to set up an interview. Many ERs called me before I had a chance to call them. The following is an excerpt from my first interview. The letter R represents the respondent (the Exalted Ruler) and JM represents John Mero. Q2A: If yes—why do you think fewer people are joining? R: “No one is asking anyone to join. Our average age is 69, every year we get about 10 new members but we lose 15 to old age. . . Also because you can buy liquor by the drink now. Once that law changed we lost a lot of members.” [JM: I’m sorry I don’t know what you mean.] “Oh, in Nebraska you couldn’t buy a liquor drink anywhere until the late 1960s, maybe 1970. People had to join bottle clubs. You’d bring a bottle of rum with you and buy a coke. But once restaurants and other public places were able to sell liquor by the drink, we lost a lot of members. They had other places to go for entertainment.” Q3: Do you see any governmental policies (laws or regulations) that could be contributing to the decline? R: “The change in liquor by the drink law. The new smoking ban has hurt our bar business but not membership.” [JM: so people are still members but not spending as much time at the bar, is this what you’re saying?] “Yes, during the summer there wasn’t anyone at the bar; they were all at people’s pools where they could drink and smoke. But it hasn’t had anything to do with a decline in membership.” Q3A: Do you think that stricter DWI laws, beginning in the early 1980s, have had an effect?

8

Chapter 1

R: “I don’t think so.” Q4Aa: Why or why not? R: “We train our staff and they are really good at cutting people off and making sure they have a cab home or a ride if they’ve had too much to drink.” Q3B: If no, do you think DWI has had an effect on the number of bar members? R: “We call them club members. No, it hasn’t had an effect on them.” Q3Bb: How many of your members, would you say, drive to the lodge? R: “Everybody drives.” Q: Is there anything else you would like to add? If not I want to thank you for your time and tell you how much I appreciate your cooperation with my study. R: “I’m going to talk to some of the older guys about our conversation and ask them some questions. Maybe I’ll email you or call you.” [JM: Great. Thanks again.] The fact that older members were passing away and younger members were not joining is not a surprising find. Attrition due to death and little member replacement is something discussed extensively by those who study traditional voluntary associations. What I found to be interesting was the “drink by the glass” response. Although indirect evidence, it gave me reason to pursue my line of inquiry. The inference I made from the “drink by the glass” response was that alcohol plays a large role in Elk lodges and, despite the respondent’s denials, it seems that stricter DUI laws could be impacting the association—and not just the number of “club members,” which in and of itself is an interesting concept and dimension of this type of association. Additionally, it seems that smoking regulations are having an impact on the lodge. The questions arise: who is influencing alcohol and tobacco policy, and why should it affect traditional voluntary associations? Needless to say, I found the pre-test valuable and encouraging. At this point, I decided to embark on a formal social scientific inquiry. POLICY CONTEXT OF THIS STUDY For quite some time, scholars have agreed that public policies affect politics and now many agree, more specifically, that policies impact citizens’ political efficacy and participation. It is believed that public policy messages and the resources that some policies confer have real consequences for individual and group interest in government by creating a sense of citizenship in the democracy. For some groups government policies’ messages have positive effects, but for other groups the messages can be negative. In their edited work, Public Policy for Democracy, Helen Ingram and Steven Rathgeb

The Elks, MADD, and DUI Policy

9

Smith explain that “much of the distance citizens perceived between themselves and politics is rooted in contents of public policies.” 13 Several scholars have undertaken studies that consider how specific government policies might shape citizens’ relationships to the state. 14 They all suggest that public policies send messages to citizens concerning their rights, duties, obligations, and value to a community. It is believed that policies shape a person’s subjective experience of what it means to be a citizen and thus can increase or decrease a citizen’s sense of political efficacy and value within the society. This can help explain differences in the levels of civic and political engagement among some citizens. Many of these studies use a policy feedback approach treating the public policy as the independent variable that impacts a sense of citizenship and subsequent civic and political engagement. Studies like Theda Skocpol’s exploration of pensions for Civil War veterans and widows shows that while the program’s generous benefits disproportionately impacted the middle class living in small towns, rural areas and the mid-west, its positive impact significantly improved citizens’ opinion of the government and their sense of citizenship. Suzanne Mettler’s excellent study of the G.I. Bill demonstrates that the features of the policy worked to incorporate the recipients more fully as citizens and this drew them to greater political and civic engagement. She suggests that the generosity of the social program and the cognitive message received by individuals might have created a sense of reciprocity—to give something back to the larger society after receiving generous benefits. Andrea Louise Campbell’s brilliant empirical study of Social Security and the aged focuses on how the program incorporated senior citizens into democratic citizenship. She argues that as Social Security benefits increased and coverage became wider, seniors’ political engagement increased. Their interest in preserving the program and protecting it from unfavorable change mobilized them into a powerful political and social force. Through this positive experience, many seniors have developed a strong sense of political efficacy and belief in the democratic process that has led to further engagement in political and civic life. Conversely, Joe Soss’s brilliant study of welfare recipients’ experience receiving goods and services provided through intrusive means testing and the subsequent finding that the cognitive message has had a negative impact on welfare recipients underscores the effect public policy can have on concepts of citizenship. Often, the message received is that a welfare recipient is not a valued member of the community. He demonstrated that the personal questions leveled by multiple caseworkers and the general stigma of welfare have tended to reduce civic and political engagement among those who are the beneficiaries of welfare policies. In this study, the cognitive effects of public policy may explain some changing patterns in the ways in which Americans associate. Some Elk members may interpret the strict enforcement of existing DUI laws as a message

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Chapter 1

that the government no longer trusts their conduct or their civic association. Since the late 1860s, the Elks and their lodges have been a mainstay of American civil society, and many members had considered their conduct not only to be generally accepted but also to be an important part of American civic life. For some Elk members, the DUI policy message over the past two decades may have had a broad cognitive impact, changing their understanding of their role within the polity and discouraging their participation in the Elks and perhaps other civic activities. Although there are some similarities, this study is different from the studies mentioned above in three important ways. First, DUI cannot be considered a social welfare policy like the previous examples. It is a statutory or regulatory policy that is purposely punitive. The target population is drivers with a blood alcohol content (BAC) of .08 or higher. In all states anyone with a .08 BAC is considered legally drunk; this is why it is referred to as “per se.” Its benefit is safer roads because of fewer impaired drivers. The intended outcome of DUI policy is universal and can be considered as a public good. The goal is to make roads and highways safer by ridding them of dangerous automotive operators—this is something that cannot be divided and citizens cannot be excluded from it. Unlike the G.I. Bill, Social Security, and welfare, the entire American public is both the recipient and targeted population of the DUI public policy. The second important difference is the cognitive message of the DUI policy, which is first and foremost intentionally punitive. It explicitly identifies a behavior as violating both legal and social norms. The policy message is that if you drink and drive you are breaking the law and you are a bad person. Public service announcements go as far as to tell citizens that if you drink and drive your behavior is criminal, irresponsible, anti-social, reckless, and completely unacceptable. 15 Unlike Soss’s welfare study, the intention of DUI policy is to stigmatize violators as pariahs among the general lawabiding public. Many would argue that American welfare policy is intentionally punitive and seeks to stigmatize by citing practices like “Midnight Raids” as examples of its intention to punish unwed mothers. The difference here is slight but important—the welfare message is tacit and unofficial and the DUI message is overt and official. Additionally, the DUI message is not attached to the delivery of goods or services and the citizens who are the target group are not necessarily considered the beneficiaries of DUI policy. The evidence presented in this book suggests that there is a perception within the Elks that some members’ fear of being pulled over by the police has impacted individual members and the ways in which the lodge operates. Furthermore, the surrounding fear created by the policy may be impacting citizens who do not violate the policy—those who might consume one alcohol drink or do not exceed the .08 BAC standard. It might be negatively

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impacting and changing the ways in which many law-abiding Americans associate. Third, DUI policy is the independent variable, but the group it mobilized is not the group most directly impacted by the policy. Convicted drunk drivers, or those who practice drinking and driving, have not been motivated to counter organize. A substantial organization of people trying to eliminate or weaken DUI policy does not exist. 16 Rather, the policy mobilized those personally impacted by the actions of DUI offenders; they became Mothers Against Drunk Driving (MADD). MADD is the organization most closely associated with American DUI policy, but not directly impacted by it. It is the group that has set out to defend DUI policy from being weakened. This is similar to the aged, in Campbell’s Social Security study, who has organized to protect their favored policy. MADD has sought and succeeded in making the policy more widely and stricter enforced—for example the successfully moving the BAC from .15 to .10 to .08, in all U.S. states. 17 To be clear, drivers with a BAC .08 are impacted directly by DUI policy but they are not organizing in any substantial way. There is not an official organization founded by convicted drunk drivers that lobbies to eliminate or weaken DUI laws. MADD on the other hand is so closely associated with American DUI policy that the policy history cannot be told without including MADD. Although its effects are different from those of social welfare policies, I propose that studying the impact of the messages of regulatory/statutory public policies on traditional voluntary civic groups would be an important addition to the field of policy analysis that could provide a better understanding of the changing patterns of civic engagement. It could be that the nationwide strict enforcement, beginning in the 1980s, is conveying new norms and attitudes of unacceptable citizenship, which might de-link citizens (some Elks) from the association that brings them together and into the national democratic community. At the very least it could be forcing many of the association to change their behavior. The policy might be sending a message to some members of the Elks that the government does not trust them and that aspects of their long-time convivial behavior are now unacceptable. It could be shaping some citizens’ subjective experience of what it means to be a citizen “giving them a sense of their role, place and value within the polity.” 18 A variation of a policy feedback approach provides a compelling explanation of the decreased participation reported in some Elk lodges. Some scholars claim that the expansion of social rights granted by the government works to weaken civil society by creating dependency and a sense of entitlement, which diminishes one’s obligation to civic life over time. 19 This study, however, suggests that government’s expansion of postmaterial policies (i.e., DUI), and not social rights, is what is causing some citizens to withdraw from civic life. It also shows the potential of investigations into other public policies like DUI—smoking bans and dram shop

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laws—that target specific behaviors. The private lives of civic associations might sound contradictory or seem paradoxical, but the members of the associations—especially those in the fraternal tradition—cherish and defend the privacy within the four walls of the lodge. They are not the secret societies of the past, but members are territorial and equate this space with their freedom and individual liberty. If we contemplate for a moment the demographic makeup of most Elk lodges in America, we quickly realize that this is a group that understands its civic obligation and embraces it wholeheartedly. Many are war veterans and patriotic citizens typically 60 years of age—they are the youngest of the “Greatest Generation.” For some, the perceived message—even if it is misinterpreted—that government is telling them how they should behave or that an aspect of their long-time civic behavior is now unacceptable could lead them to withdraw from civic life. It does seem to be impacting the Elks’ association. By focusing on DUI’s potential impact on the Elks’ association and its individual members, we might learn more about changing associational patterns in America. Although examining these cognitive effects is not the focus of this study, it is an interesting topic for further research. This book’s primary aim is to investigate a relationship between DUI policy and whether it is impacting the Elks. WHY ARE THE ELKS IMPORTANT? In rural towns and small cities, voluntary associations like the Elks, Knights of Columbus, and the Moose continue to play an important role in community life. The 2000 U.S. Census identified 60 million Americans as living in rural settings and 5 million living in communities with a population between 1,000 and 2,499. Although voluntary associations are not as popular today as they were during their heyday in the late 1800s and early 1900s, they still provide forms of needed charity and linkages to state, national, and even global institutions that provide meaningful democratic and social experiences for citizens—especially those living in rural communities. Central to the private and public life of fraternal associations is their ownership of lodges, which enables them to host events for the benefit of the community. Many associations hold pancake breakfasts, dollar-a-dip dinners, bingo, and dinner dances—all open to the general public. These events accomplish three key objectives. First, they benefit the voluntary association by raising revenue and “showing off” the lodge and membership to the public— it is good public relations. Second, there are direct beneficiaries of the event—like the high school sports team that receives money for their uniforms from the event’s proceeds. An Elk Exalted Ruler in Florida proudly informed me, “We raise money to pay for the uniforms for the high school

The Elks, MADD, and DUI Policy

13

sports teams—baseball, basketball, soccer, all of them.” Third, these fundraising events have the broader societal benefit of bringing members of the community together. Although possibly seen as anachronistic and quaint to some outsiders, these events remain an important part of community life and are looked forward to by many. Clam bakes, pancake breakfasts, and dollara-dip suppers are not “put on” for the benefit of the tourist or summer residents. The lodge events are more similar to village fetes—community events organized by volunteers that tend to build trust and a sense of generalized reciprocity among all community members—not just those in the association. Another contribution of lodge-owning associations to community and civic life is their practice of renting meeting space in their lodges to other voluntary associations. An Exalted Ruler from California told me, “We rent out our hall at a lower than normal renting fee for Parents without Partners, a jazz organization, and to an older singles dance.” “The quilters come in once a month too,” he interjected. The rent is usually set at a nominal charge and is even free for some associations. The importance of this act of goodwill cannot be overemphasized. Many voluntary associations cannot afford their own building, and access to a meeting room is welcome and necessary—as well as promotes the civic vitality of the community. Last, and divergent from the other points, it seems to me that many fraternal voluntary associations operate as a proxy American dream for their members. Throughout the history of the associations, members who have failed to realize the Alger narrative—succeeding in the free market on their own by pulling one up by his bootstraps—have turned to ritual-based fraternal associations to “become someone.” I contend that this parallel lodge life has allowed many to experience moving up through the ranks from new member to Grand Knight or Exalted Ruler, depending on the association, thus experiencing the American dream outside the free market. It might be that throughout time, lodge life may have helped preserve Liberalism when large numbers of Americans were faced with the cold social reality of failure in the free marketplace. For example, today the hourly Walmart employee can become an Exalted Ruler within the Elks. To do this s/he would need to progress up through the chairs, instilling confidence in the lodge membership at every step of the way. This task is accomplished by convincing a crossclass membership that s/he is worthy and skilled enough to become a leader of the association. This idea is not a new one. There are many works that discuss the not-so obvious importance of older traditional associations. Ami Pflugrad-Jackisch’s Brothers of A Vow: Secret Fraternal Orders and the Transformation of White Male Culture in Antebellum Virginia is an excellent example. She examines how fraternal orders united white men across class lines in Virginia, in the decades leading to the Civil War. What she found was a “civic

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brotherhood” among white men that “downplayed class and partisan distinction.” 20 She argues that “in a state increasingly caught between the demands of the growing market and the long-established tradition of unfree labor, secret fraternal orders played a special role in assuaging class tensions between white working- and middle-class men.” 21 Changes in the way Americans associate is an important area of study. Small communities might be disproportionately impacted by declining traditional voluntary association activity. Studying the potential impact public policies could have on traditional associational life is important. As voluntary cross-class membership associations decline, there are fewer places for community members to congregate and socialize, and an atomized community forms. If we are truly concerned with declining traditional civic engagement and its impact on democracies, then it is important to investigate this phenomenon. NOTES 1. Several states could not locate the data or indicated that the data had been lost or damaged by fire or water. Several states indicated that DUI data was not collected as early as 1980. Several states never responded to my requests. 2. Roebuck Julian B. and Komanduri S. Murty. The Southern Subculture of Drinking and Driving: A Generalized Deviance Model For The Southern White Male (New York and London: Garland Publishing, Inc., 1996), 7. Roebuck and Murty found that the drinking habits of most Americans are unlikely to lead to driving drunk. They cite statistics from two governmental sources (U.S. Department of Health and Human Services, 1993:1–30; and, U.S. Department of Transportation, 1992:24–36, 1993:1–6) when they write that “approximately 79% of the population has drinking habits that preclude the probability of their driving under the influence of alcohol on a regular basis.” 3. “Pregnant Woman Struck with Bottle Outside Club,” The Buffalo News, Niagara Edition, 19 July 2004, sec. B, p. 3. 4. “Man Pleads Innocent to Reckless Endangerment Charge,” The Associated Press, 20 March 2004. 5. Nok-Noi Hauger, “Police Investigate Bangor Man’s Unattended Death,” Bangor Daily News, 7 January 2004, sec. B, p. 8. 6. Ron Clayton, “Agents Raid Athens VFW, Elks Lodge for Gambling,” Chattanooga Times Free Press, 11 January 2003, sec. B, p. 2. 7. John Daugherty, “Drinking Buddies: Councilman’s Bar Stays in Business Thanks to Helpful Liquor Board Action,” Phoenix New Times, 12 December 2002. 8. Rebecca Powers, “$27,000 Seized in Raid on Elks Club,” The Detroit News, 20 March 1991, sec. B, p.1. 9. Lakeland (Florida) The Ledger, 1 July 2004, sec. F, p.1. 10. “Flapjack fund-raiser,” Bloomington (Il.) The Pantagraph, 13 January 2004, sec. A, p.3. 11. Ron Sensenich, “Youths Compete in Elks Hoop Shoot,” The Post-Standard, 19 February 2004, p. 12. 12. Joni Averill, “Helpers Sought to Make Caps for Cancer Patients,” Bangor Daily News, 28 October 2002, sec. B, p. 4. 13. Helen Ingram and Steven Rathgeb Smith, “Public Policy and Democracy,” in Public Policy for Democracy eds. Helen Ingram and Steven Rathgeb Smith (Washington, D.C.: The Brookings Institute, 1993), vii.

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14. Mark Landy, “Public Policy and Citizenship,” in Public Policy for Democracy eds. Helen Ingram and Steven Rathgeb Smith (Washington, D.C.: Brookings Institute, 1993); Helen Ingram and Anne Schneider, “Constructing Citizenship: The Subtle Messages of Policy Design,” in Public Policy for Democracy eds. Ingram and Rathgeb Smith (Washington, D.C.: Brookings Institute, 1993); Theda Skocpol, Protecting Soldiers and Mothers: The Political Origins of Social Policy in the United States (Cambridge, Harvard University Press, 1995); Joe Soss, Unwanted Claims: The Politics of Participation in the U.S. Welfare System (Ann Arbor, The University of Michigan Press, 2002); Andrea Louise Campbell, How Policies Make Citizens: Senior Political Activism and the American Welfare State (Princeton, Princeton University Press, 2003); Suzanne Mettler, Soldiers to Citizens: The G.I. Bill and the Making of the Greatest Generation (Oxford University Press, 2005). 15. College radio stations run a “Buzz Driving” public announcement that tries to deter young people from getting behind the wheel of the car even after one alcohol drink. The “buzzed” driver is portrayed as obnoxious and uncool—someone to stay away from. 16. I presented a paper, Bowling Sober, at the 2008 Southern Political Science Conference that was picked up by the Greensboro News and Observer. Following the interview, I was contacted by a group in Arizona who promote “dirty riding.” They want to repeal all DUI legislation in all states. Dirty riding refers to driving under the influence of any drug. Needless to say, there are some fringe groups that have indeed mobilized against DUI. 17. It would be interesting to explore the possibility that members’ positive experience with MADD and DUI policy development has led some members to become politically and civically engaged in other policy areas and associational life, but this subject is not covered in this book. 18. Mettler, Soldiers to Citizens, 352. 19. Mary Ann Glendon, Rights Talk: The Impoverishment of Political Discourse (New York: Free Press, 1991); Francis Fukuyama, Trust: The Social Virtues and the Creation of Prosperity (New York: Free Press, 1995). 20. Ami Pflugrad-Jackisch. Brothers of a Vow: Secret Fraternalism and the Transformation of White Male Culture in Antebellum Virginia (Athens: University of Georgia Press, 2010), 5. 21. Ibid., 7.

Part I

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Chapter Two

From Jolly Corks to Elks

At one time, the equivalent of 1% of the adult-male American population belonged to the Benevolent and Protective Order of Elks (the Elks), but this is no longer the case. Like so many other voluntary membership associations in which citizens meet face-to-face on a weekly basis, building trust and a sense of generalized reciprocity (social capital), the Elks have never regained their membership totals of the late nineteenth century. The importance of voluntary associations like the Elks to the American democratic experience is the associations’ ability to build social capital and encourage civic engagement, which many contend is the precursor to political engagement. It is axiomatic that democratic societies with flourishing civil societies, made up of voluntary associations, make for strong democratic states. Therefore, voluntary associations like the Elks are thought to be essential to healthy democratic states. Ever since Alexis de Tocqueville caught the imagination and perhaps the collective ego of American citizens with his observations on American civic life, many academics, politicians, and average citizens have touted the value of voluntary associations as “Free Schools of Democracy,” a phrase that our French visitor eloquently coined. 1 More recently, after Robert Putnam first presented his original and impressive thesis on the decline and revitalization of traditional forms of civic engagement, Americans have responded overwhelmingly to his request for assistance in finding missing pieces to this civic-engagement puzzle. 2 In this chapter, I start the search for missing pieces by closely examining the origin, early growth, recent decline, and more recent revitalization, of a prominent voluntary association—the Elks— and discover an amazingly resilient association. The chapter offers an account of the history of the Elks from their founding in 1868 as the Jolly Corks to their present-day operations. The Elks were 19

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one of the five largest voluntary associations of the late nineteenth century and early twentieth century. 3 Theda Skocpol identifies the Elks as one of the associations in which citizens “achieved a sense of belonging and connectedness but also tackled the full range of social and human problems that today have largely become the province of government.” 4 THE JOLLY CORKS (1868–1870) The Benevolent and Protective Order of Elks began in 1868 as the Jolly Corks. The Jolly Corks was a group of theatrical workers who wanted to drink alcohol on Sundays, so they formed an association to circumvent an 1866 New York State law prohibiting the sale of alcohol on the Christian Sabbath. 5 The original group was made up of New York City-based actors and stage workers. Since the New York State “Sabbath Law” prohibited the sale of alcohol in public places, they formed a private association, rented a space, and began to drink. Apparently, the Jolly Corks were not the only citizens dissatisfied with the law, but it seems they were the most committed to achieving their collective goal. Alvin Schmidt bases some of his conclusions on the earlier work of William Whalen 6 who explained that: Many booze-loving citizens, including a group of actors in New City, looked for ways to sidestep the new Sabbath Law. The actors rented a room first on Fourteenth Street and later on Bowery where they could refresh their spirits after a week behind the footlights . . . had the New York state legislature not passed a law in 1866 closing the saloons on Sunday, the nation probably would not have seen the birth of the Benevolent and Protective Order of Elks. (Whalen 1966, 31) 7

Despite Whalen’s assertion, the founder of the Jolly Corks did have more in mind than drinking when he formed the association, and there is evidence that some type of stage workers association would have be created without the enactment of the Sabbath Law. For example, Fredrick Fiske contends that the Jolly Corks’ founder was concerned with providing mutual aid to fellow actors and stage hands, in addition to consuming spirits on Sundays. He writes: Charles Algernon Sidney Vivian, an actor and vaudeville player recently immigrated from England, assembled a group of fifteen similarly garrulous members of the theatrical, minstrel, musical, equestrian and literary professions with two purposes in mind—first, to enjoy fellowship and good spirits on Sundays, when New York excise laws forbade drinking in public; and secondly, to provide moral and material assistance to fellow actors, who were frequently down on their luck in the unstable world of the theater. (Fiske 1973) 8

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Although the association was concerned with mutual aid for members and their families, recreational drinking does seem to have been its focus. Considering the origin of the association’s name and the initiation process, the notion of mutual aid appears secondary to the consumption of spirits and convivial activity. The name “Jolly Corks” is derived from a drinking game that served as the association’s initiation. Fiske writes: The original name of the order was the “Jolly Corks,” referring to an initiation trick imported by Vivian. The initiate would sit with the members around a table, with a cork in front of each place. A member would explain that the last person to pick up his cork would buy the drinks. At a sign, everyone would lunge for his cork. When the initiate triumphantly held his cork high, he would suddenly realize that none of the members had touched theirs. Thus he was the last as well as the first one to pick up a cork, and would have to buy drinks amid the uproarious laughter of his new comrades. (Fiske 1973, 136)

In the context of social capital, this is not quite what is meant by trust and generalized reciprocity. First, the initiate’s trust is breached by the members and then the initiate is admitted to the association by the members who have conspired to trick the unsuspecting initiate. It is a form of bonding, and perhaps the tacit understanding is that they will not breach each other’s trust from that point forward. Nevertheless, after paying for a round of drinks the initiate was accepted into the association and prepared to conduct the initiation trick on other unsuspecting initiates. The focus on alcohol consumption may have slightly diminished as the Jolly Corks’ membership grew and diversified. It seems that as new and “more serious-minded men” joined, a consensus emerged. 9 Members began to realize there was a real need for a benevolent society for stage workers and, moreover, there was an opportunity. Many members began thinking differently about the function of their association. One of the first manifestations of this was changing the name from the Jolly Corks to the Benevolent and Protective Order of Elks (B.P.O.E.) or The Elks. The association’s new name was not the outcome of a systematic search for a symbolic name. Furthermore, it was not the product of an appointed or elected steering committee assigned the task of identifying suitable names for the association. Rather, it is reported that members visiting Barnum’s Museum on Broadway had their imaginations captured by “a mounted elk’s head and the legend underneath.” 10 One can imagine a group of the inebriated Jolly Corks out for a Sunday stroll and encountering the legend that read, “The Elk attacked no other species and destroyed nothing—but it would fight valiantly in defense of its own life and those of its female and young.” 11 Schmidt, citing Fehrenbach’s findings, surmises that the idea of an animal that lived in peace but would fight to defend its rights to protect the weak and helpless appealed greatly to the Jolly Corks. Soon afterward, the

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name was officially changed and “in later years, concern for the American Elk would lead members of the Order into one of the first wildlife conservation campaigns in American history.” 12 It is a fantastic story of origin that sounds more like a Mel Brooks film rather than the birth of an American voluntary association that remained 1,149,613 13 members strong in 1955, and today claims to have slightly under 1 million members in 2,100 local lodges nationwide. 14 EARLY GROWTH OF THE BENEVOLENT AND PROTECTIVE ORDER OF ELKS (1870–1921) Fiske credits Vivian’s foresight and enthusiasm as the driving forces behind the national Elk movement. He writes, “Largely because of Vivian’s charm and energy, the B.P.O. Elks grew rapidly in the 1870s.” 15 Additionally, since many of the actor-members went on the road for their jobs, the fraternal association spread to cities and towns outside New York City. The combination of Vivian’s charismatic personality and the transient lifestyle of the actors and stage hands spread the association across the nation. Ultimately, the Elks’ success in recruiting new members and opening new lodges nationwide led to a rift within the association that gained national attention. It appears the mission of the Elk association became the center of debate, and heated disagreement over the fundamental operations and mission of the association raged for years. Fiske contends that the changing composition of the association began causing friction between the members of older standing and the newer members. He explains that: Gradually the number of non-actor Elks began to outnumber the actors and minstrels. Besides gaining a numerical majority, the more settled businessmen and shopkeepers in the Order quite naturally began to assume greater responsibility for running the subordinate Lodges. As the membership base moved westward with the growth of the nation, events moved toward a rift between the founders and the new members of the Order (Fiske 136, 1973). 16

It appears that the longer-standing members with theatrical backgrounds did not favor the centralization of the association and were considering breaking off relations with the newer members and their respective lodges. The potential division of the association was not the controversy. The real point of contention was that the older members and lodges consisting predominantly of eastern stage people wanted to take the Elk name with them. The potential of a largely northeastern Elk “break-away” that wanted sole possession of the Elk name caused conflict to break out at the 1894 national convention. Fiske cites newspaper headlines that proclaimed “Elks Lock Horns!” He found that rival factions took their battle for the Elk name into

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court and were instructed by a judge to settle their problems privately. 17 The dispute was not settled at this time and led to another contentious convention in 1895, which caused the Elks to hold a “peace meeting” in which a compromise finally was reached. According to Fiske, the compromise was that “the Grand Lodge still paid lip-service to its theatrical brothers, and the new organization of the Order allowed for extensive local autonomy as well as religious, ethnic and professional variety.” 18 In short, the Elks remained a national association but had officially agreed on extensive local autonomy for its lodges. The original eastern lodges’ victory was short lived and largely symbolic. Over time, the membership continued to become more middle class and professional with fewer transient working actors and stage personnel. By 1921, the Elks had worked out their internal problems and demonstrated national unity by constructing a National Headquarters in Chicago. Fiske found that by the time the national headquarters had been built, Elk membership “already assumed the general character which it retains to this day.” 19 Considering that civil society is made up of voluntary associations, it is interesting that the Elk association experienced conflict at such a level that it saw fit to bring the courts into the dispute. Many civil society proponents argue that the proper role of the state is to remain a minimal actor in civil society and only enter when called upon by citizens or citizen associations. In an interesting twist on the state/civil society relationship, the court declined to intervene when asked and instead instructed the association members to settle the dispute on their own—outside the courts. The Elk Organizational Structure The internal strife experienced by the Elks in the mid-1890s is a good jumping-off point to discuss the structure of the association. Since the early 1900s, the Elks have been a national federated association. Even though the local lodges are considered to be autonomous, the national body is the supreme governing body. 20 For the most part this arrangement has served the association well, but as we will see there are times when local lodge autonomy is constrained by the national body just as there are times when local lodge autonomy supersedes the national body. Fiske has provided a concise description of the Elk structure: The governmental structure of the B.P.O.E. is a kind of loose federalism. The Grand Lodge in Chicago is the supreme legislative body of the Order, comprising the Grand Exalted Ruler, all Past Grand Exalted Rulers, the Board of Trustees, and the chairmen of the various service commissions. The Grand Lodge has the sole authority to grant charters to subordinate Lodges, as well as to impose sanctions on negligent Lodges. The ongoing purpose of the Grand Lodge is to insure through the appointment of District Deputies that the By-

24

Chapter 2 Laws of the Order are being adhered to by the Lodges. Otherwise, the local lodges are free to set policy for their own administration and activities, raising and investing their resources each year (Fiske 137, 1973).

This structure is still in place today. At the local level each Elk lodge elects an Exalted Ruler (ER) and subordinate officers—called “chairs.” Each of these officers serves for one year. Typically, a member “moves up through the chairs” culminating in his/her election as ER. Other members are elected to head various committees within the association. CHANGING WITH THE TIMES (WWI–1970S) The Elks have changed over time in three key ways. First, the Elks have shifted the association’s focus from internal mutual assistance to external charity and benevolence. In this regard, they have changed from an association that was for the sole benefit of its members to an association that aids war veterans and children and their respective communities. The change in focus from internal to external began at the turn of the century. In the early 1900s the Elks began to form State Associations to coordinate charity and scholarship programs for sick children and college-bound students. 21 Second, the Elks have shown an ability to adapt to societal changes by changing with the times. For example, they changed from being a purely ritualistic and secretive fraternal association to a social and charitable association in the fraternal tradition. Although the association does not advertise this change, it is apparent to anyone studying the Elks that it has taken place. 22 Another indication of the association’s ability to adapt to societal changes, which is separate from the previous example, is the inclusion of women, minorities, and non-Christians who believe in God. The role that women play in the Elks—from general members to Exalted Rulers—has directly challenged, if not eliminated, the term “fraternal” association. Another example of Elks changing the focus of their association to adapt to the times occurred “in the early 1900s when the Elks began to downplay ritual.” 23 Clifford Putney concurs and claims: The Elks, for example, proved wonderfully adept at purging themselves of unwanted ritual. To quote one Elk historian, “The apron went in 1895. The secret password expired in 1899. The badge and grip died natural deaths in 1902 and 1904 respectively.” The test oath and a few other extraneous things disappeared and the Elks began to be themselves and look less like a cross between the Masons and a college fraternity. (Putney 1993, 185) 24

This change in direction occurred with the influx of businessmen into the association, which coincides with the great Elk rifts of the time. Recall Fiske’s observations that the Elks grew rapidly in the 1870s, and “by the

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1890s businessmen had largely taken control of the Elks.” 25 As an indicator of changes in the early decades of the twentieth century, the Elks had developed the three principal areas of social involvement—relief to the needy, nationalism, and support of American armed forces and veterans. More recently, in the mid-1900s, “the Elks placed increasing emphasis on providing ‘fun’ for its members, are experiencing membership growth, while other lodge groups with austere, demanding rituals have been declining in recent years.” 26 The Elks’ dedication to staying contemporary is partially responsible for its growth in membership from 826,825 in 1923 to 1,611,139 in 1976. 27 Schmidt arrived at the same conclusion that the Elks of the 1960s differed from other fraternal associations at that time because they experienced a greater rate in membership growth. He cited that from 1959 to 1968, Elk membership grew by 16.3 percent, raising the total number of Elks to 1,452,187. 28 Today, the Elks are most closely associated with patriotism, charity, and socializing. Female members are accepted as full members. The membership has lost most if not all the theatrical professionals whose ancestors founded the association. I find it fitting that, with so many changes over the years, the most enduring mark left by the Jolly Corks is the Elks’ 11 o’clock Toast. Every evening, the Elk ritual is performed in honor of absent members. The significance of the 11:00 p.m. toast is that it is believed to coincide with the fall of the curtain on New York City stages in the late 1800s. 29 Third, around the same time they began looking outward, the association instated patriotism as one of their main concerns and duties. One of the Elks’ earliest demonstrations of patriotism was during World War I. The Elks built one of the first veterans’ hospitals in the United States, which they later gave to the government. After the war they become “pioneers in vocation training for veterans.” 30 Their dedication to patriotism and American soldiers did not go unnoticed by the government. At the beginning of World War II, “the War Department asked the Elks to assist them in recruiting soldiers.” Their efforts are credited with recruiting thousands of men for the war effort. Fiske writes, “In a period of a few months, the Elks brought in more than 100,000 servicemen and after the war, the Elks formed a National Service Commission, whose purpose was the care, comfort and entertainment of those who made the sacrifice that preserved our country.” 31 Further evidence of their patriotism-driven mission is the Post-World War I adopted celebration of “Flag Day as their special provenance, and in the mid-twenties the order built a large memorial to the war dead in Chicago.” 32 At the time, some thought the Elks’ patriotic mission came somewhat late in life for an American voluntary association. In 1915, the editor of Elk magazine referred to the Elk association as “patriotism and a splash of ginger.” 33 Its support of the World War I war effort was largely a rhetoric campaign until the end of the conflict when it built the veterans’ hospital.

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Keeping in mind that World War I was not a popular war in the U.S. until an American transport was sunk by German U-boats, it is not unusual that a cross-class voluntary association of the time did not support the conflict from its beginning and, moreover, Americans did not enter the conflict until 1917. The Elks’ focus on patriotism, very different than the mission of the Jolly Corks, intensified over the years. Early in the century, the Elks diverged from their original objectives when they declared themselves an “emphatically and exclusively American order.” 34 At this time they adopted the American flag as a symbol of the Elk Order. An example of the newly-found patriotic duty was their purported early discovery of the “Red Menace,” and in 1919 the Grand Lodge issued the first of many indictments of “bolshevism,” forbidding membership to communist sympathizers. 35 Subsequently, over time and “through the years the ardent Americanism of the Order led to a ‘ProAmerican Petition’ signed by several hundred thousand Elks and presented to the United States Congress in 1935.” 36 Their staunch belief in patriotism and Americanism was exhibited again in the 1950s, when the Elks sponsored public meetings in their lodges with rousing titles such as “Wake Up America!” and “Keep Awake America!” The programs expressed the dangers of communism and the need for Americans to remain vigilant against the Red Menace. 37 Ironically the association founded by New York City stage workers for the betterment of members of the profession was now supporting a movement that harassed and persecuted Hollywood writers and actors, and members of the American literary scene. In a strange twist of fate, the Elks supported a movement that destroyed the lives of those the Jolly Corks sought to protect in the 1860s. The Elks today are more toned-down in their anti-communism stance but remain ardent and outspoken supporters of Americanism and war efforts. 38 An audit of the Elk National Headquarters’ web site and various local lodges’ web sites indicates that references to the “communist threat” have been replaced by statements on the general “terror threat” that has been elevated since 9/11. NOTES 1. Alexis De Tocqueville, Democracy in America, ed. Richard D. Heffner (New York: A Mentor Book, 1984). 2. Putnam, Bowling Alone. 3. Ibid., 268. 4. Theda Skocpol, Diminishing Democracy (Norman OK: University of Oklahoma Press, 2003), 21. 5. Alvin J. Schmidt, Oligarchy in Fraternal Organizations: A Study of Organizational Democracy (New York: Harper and Row, 1986), 42. 6. William J. Whalen, Handbook of Secret Organizations (Milwaukee: The Bruce Publishing Company, 1966), 31. 7. Schmidt, Oligarchy in Fraternal Organizations, 42.

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8. Fredrick M. Fiske, “The Elks: An American Ideology,” Journal of Voluntary Action Research (July 1973), 135–147. 9. T.R. Fehrenbach, Elkdom, U.S.A. (Chicago: BPOE, 1967); Schmidt, Oligarchy in Fraternal Organizations. 10. Fiske, “The Elks,” 13. 11. Fehrenbach, Elkdom. 12. Fiske, “The Elks,” 136. 13. Skocpol, Diminished Democracy, 130. 14. Elk Official Website, www.elks.org. 15. Fiske, “The Elks,” 136. 16. This transition/conflict is not an uncommon experience for organizations. See Jack L. Walker, Jr.’s Mobilizing Interest Groups in America: Patrons and Jeffrey Berry’s The New Liberalism. 17. Fiske, “The Elks,” 137. 18. Ibid., 136. 19. Ibid. 20. Ibid., 136–137. 21. Ibid. 22. Although several associations remain “fraternal,” it is in name only and widely understood. 23. Jeffrey A. Charles, Service Clubs in American Society: Rotary, Kiwanis, and Lions (Urbana IL: University of Illinois Press, 1993), 22. 24. Clifford Putney, “Service Over Secrecy: How Lodge-Style Fraternalism Yielded Popularity to Men’s Service Clubs,” Journal of Popular Culture 27 (1993), 185. I suspect that the apron, secret password, and handshake along with initiation rituals had disappeared in samesex integrated Elk associations by the 1990s. I base this claim on Exalted Ruler interview data. 25. Fiske, “The Elks,” 139. 26. Schmidt, Oligarchy in Fraternal Organizations, 45. 27. Putney, “Service over Secrecy,” 185. 28. Schmidt, Oligarchy in Fraternal Organizations, 43. 29. Fiske, “The Elks,” 136. 30. Ibid., 137. 31. Ibid. 32. Charles, Service Clubs in American Society, 22. 33. Ibid. 34. Fiske, “The Elks,” 137. 35. Ibid., 13. 36. Ibid. 37. Ibid. 38. See the Elks website, www.elks.org.

Chapter Three

The Elk Lodge Bar

In the entire puzzle of declining American associational life, one of the most overlooked pieces is the role of alcohol consumption. If one accepts the neoTocquevillian view and accepts the importance of voluntary associations in building social capital and vibrant civil societies, then one must be willing to explore the alcohol consumption factor. If associations like the Elks are valued for their propensity to encourage civic engagement, and alcohol consumption plays a critical role in its lodge life, then it stands to reasons that nationwide mandates regulating alcohol consumption is going to impact lodge activity. ALCOHOL CONSUMPTION AND FRATERNAL LIFE Most fraternal associations formed in or around bar rooms. 1 This subject is well documented. We already reviewed the story of the Jolly Corks in Chapter 2. Clawson claims that another group, The Odd Fellows, began as a convivial society and was largely a product of a working-class tavern culture. 2 Odd Fellows founder Thomas Wildey began the fraternal association mainly as a convivial drinking club. 3 Furthermore, in big cities with large immigrant populations, the lodge was part of the actual saloon. 4 Schmidt cites Darrah’s History and Evolution of Freemasonry, in which Darrah claims “the first Masonic Lodges held their meetings in a tavern where they had ready access to the tap room.” 5 This is further supported by Lynn Dumenil’s findings in her book, Freemasonry and American Culture, 1880–1930. 6 The Free Masons, founded in England in 1717, are considered the grandfather of all fraternal associations. They began in the United States in the 1730s, and all U.S. fraternal associations are based on the Free Mason model. 7 Therefore, it should not be a surprise that vast majority of fraternal 29

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associations operate bars within their respective lodges. It is part of their collective histories and cultures. Based on this knowledge, it seems reasonable to assume that alcohol consumption and fraternalism are enmeshed in such a way that it is difficult to separate one from the other. That being said, there have been instances of fraternal associations limiting alcohol consumption. Clawson reminds us that the Odd Fellows banned alcohol from their lodges in favor of becoming an association for “self-improvement.” 8 The inference I make is that the Odd Fellows had decided that alcohol and self-improvement are mutually exclusive. This particular decision may have had more to do with the decline of the once powerful fraternal association in general rather than any other reasons. Today the Odd Fellows remain an association dedicated to abstinence from alcohol and are committed to substance abuse treatment. 9 The function of drinking alcohol is primarily one of bonding among male members. 10 This is supported by various studies. 11 Clawson writes that “drinking required disposable income and was a badge of expressive behavior.” 12 It indicated that a man had the means to drink and was in charge of spending his money how he saw fit—in this case it was buying rounds in the saloon. Moreover, it was a rite of passage into male adulthood. In Temperance and Prohibition in America: A Historical Overview, Paul Aaron and David Musto claim that as early as the colonial period, Americans associated “drink with trust and reciprocity . . . and connected its consumption with traditional forms of civility.” 13 If we accept this claim, then we also must accept the connection between drinking alcohol and building social capital and its co-constituting relationship in regard to fraternal associations. It stands to reason that if alcohol is removed from the fraternal association, some forms of bonding and social capital may be decreased. Even though the ritual aspect of the fraternity served to create bonds among brothers, one wonders if it would have been seen as a bit silly by the sober eye. The point I want to make is that while membership in the fraternal association builds bonds among members through exclusion of others, the importance of alcohol consumption as a rite of passage into the fraternal world and as a bond between members cannot be overlooked. Consuming alcohol plays an essential role is lodge life. It is interesting to note the modern-day role of the full-service bar within the local Elk lodge. The bar is of course used for social purposes, but it is also an important source of revenue for the lodges. While conducting his research in the early 1970s, Fiske found that each Elk lodge has its own bar. In an interview with an Elk attorney in Wisconsin, he discovered the importance of the bar when the Elk made the following statements, “As funny as it sounds, an Elks Club without a saloon is unthinkable. It’s ridiculous but it’s true—a very practical matter. The practical side of the Elks saloon is that it does a land-office business each year, particularly in smaller commu-

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nities.” 14 Furthermore, Fiske writes that in addition to the sale of alcoholic drinks, the bar business may consist of small-scale gambling too. He found that “one of the most effective fund-raising formulas of the Elks is to offer visitors to ‘take a chance,’” to win a little money by purchasing a peel-back ticket similar to a slot machine. Fiske made his observations in the 1970s and at the time considered that “while gambling is illegal in most states, and recent anti-gambling laws have cut into this source of income, a little harmless raffling and wagering often slips by unnoticed in the Elks Lodge.” 15 Clearly, the Elks have a history of funding a great deal of their activities and overhead costs with the revenue generated by the lodge bar, which my Lexis/Nexis search demonstrated is still practiced today. Since the mandates that come from national headquarters are unfunded, it stands to reason that without bar money the local lodges would not have enough dues-driven revenue to operate. The bar is a critical component of the local lodge; it serves a social function but also a financial function that cannot otherwise be done without. EXALTED RULER INTERVIEWS: THE ELK LODGE BAR To learn more about the impact of DUI policies on Elk membership I conducted in-depth interviews with Elk Exalted Rulers (ERs) in California and Florida. 16 During one summer, I interviewed 55 Elk ERs—18 from Florida and 37 from California. I had contacted each of the approximately 270 ERs in Florida and California through an advanced letter and at least three followup telephone calls. Of those willing to be interviewed, only five declined to complete the interview—four in Florida and one in California. The respondents ranged in years of Elk service from as few as 2 to as many as 38—11 years was the average. Forty-one men and fourteen women were interviewed. This section and Chapter 8 present key findings from the interviews. The responses offer valuable insight into one of America’s oldest voluntary associations that once boasted a membership equal to 1% of the adult male population. 17 I will first discuss the centrality of the lodge bar to Elk culture in this chapter—a theme that all respondents confirmed. Then, in Chapter 8 I will present the ERs’ perception of trends within their lodges—many of which are, notably, bar-related. I will conclude the chapter by considering the implications for Elk lodges, fraternal associations and, more generally, civic engagement. In the course of conducting the interviews, it became clear that the lodge bar is central to Elk culture. This theme, which I discussed in the beginning of this chapter, was prominent in conversations with ERs. The interviews not only established the importance of the bar to the Elks but also offered more insight into its various functions. Each of the 55 respondents confirmed that

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their lodge has a bar. The bar is such a large aspect of Elk life that the concepts of “lodge” and “bar” were interchangeable in many of the conversations. On most Elk lodge web sites the bar phone number is listed as prominently as the business phone number, and during the interview process I had more success speaking to members on the bar line than on the office line, regardless of the time of day I called. In fact, a few people completed the interview while they were tending bar or even drinking at the bar. Several respondents seemed to be slightly intoxicated, but only one person voluntarily confirmed his condition: You’ll have to forgive me, I’m sitting at the bar getting a little inebriated. Go ahead. I’ve been a member for six years. How long is this going to take? (Florida Exalted Ruler)

Not all respondents are comfortable with the importance placed on the lodge bar. Some respondents lamented the barroom reputation and explained that because of it, “the general public sees the Elks as a bunch of guys smoking cigars and drinking and playing cards” (California Exalted Ruler). This ER claimed that in the eyes of the general public, the charitable aspect is often overshadowed by the convivial component of the association. At the very least, these interviews establish that much of lodge life for California and Florida Elks revolves around the bar. While some Elks are disappointed with this arrangement, some would have it no other way. Four Functions of the Lodge Bar Four primary—and often overlapping—functions of the bar emerged from the interviews with California and Florida ERs. The main function of the lodge bar, according to the respondents, is social. First and foremost, it is a place where members and guests meet face-to-face on a semi-regular basis. 18 It is where people congregate, socialize, and build social capital throughout the day. The following quotations capture the thoughts of members patronizing the bar throughout much of the day and also illustrate the purely social aspect of lodge life that the bar addresses: We get the guys who come in regularly from one o’clock to three o’clock, eat their lunch and have their draft beer and then go home to walk the dog. (Florida Exalted Ruler) I was interested in the social aspects of it. I wanted a place that has a nice clubroom where I did not have to go out to a bar, but basically it was social . . . [JM: What are the main activities?] Quite candidly they revolve around our bar. It is quite social. (California Exalted Ruler)

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It is a social club. The members come in for their personal enjoyment to come in to hang-out with friends and family. We have a bar; and on Wednesday nights volunteers prepare dinner and people come in and eat. (Florida Exalted Ruler)

Second, the lodge bar is a source of an inexpensive night out for dinner, drinks, and entertainment. Several respondents spoke of the affordable drinks and dinner dances that provide a “nice night out” for members, their guests, and sometimes the general public. For example, one ER told me his lodge holds a “Frugal Friday, where members cook for members.” He said it is very popular with members who participate in the preparation of the food and for those who “just came for the meal and company.” Others spoke of themed nights that ranged from a “real Luau” to “Dixie Land Jazz Night,” “Monte Carlo Night,” and “Taco Night.” Often the ER stressed the affordability of the event. Although the dinner, dancing, and games of chance are typically held in the largest room in the lodge, it is clear that the bar and inexpensive drinks are essential to the success of these events: Elks are very compassionate and humanitarian and family oriented. We have a family dinner night once a month, open to the public; it is eight dollars for a meal. It is very affordable. Sometimes we see a junior guy in high school bring his date to the Elks for dinner. (California Exalted Ruler) I still enjoy the group camaraderie and the social atmosphere. Either for charity or just a dinner for a night and a couple drinks, I really enjoy it. (California Exalted Ruler) It is a cheap place to drink, but that is not what we are all about. (California Exalted Ruler)

Some of the larger lodges serve dinners five to six nights a week, while smaller lodges typically serve dinner one night a week or a Sunday breakfast. All lodges hold special events throughout the year. It should be noted that not all Elk events are affordable. A Florida ER told me that his lodge’s “Wild Game Night,” an event in which wild game is served, is over $100 dollars a ticket. These special events seem to occur annually and primarily fund the respective lodge’s charitable work, while the more regular dinners and breakfasts are an instrument to bring people together as they raise money for the lodge’s operating expenses: We have some big annual fund raisers. Polish night, if you don’t buy a ticket now you are out of luck. The same for the pig roast. And all the money ends up in charity—scholarships, Boy Scouts and Girl Scouts. (Florida Exalted Ruler)

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Third, from examining the interview data it became clear that the bar is used as a recruiting tool. It is seen as an important feature that attracts new members and retains current members. In short, many respondents expressed that if your lodge has a “nice bar” you are more likely to attract new members. The following quotations provide the perceptions what some ERs think are the reasons why people join a voluntary association: A lot of people now-a-days are looking for a place to call their club. You go downtown and pay six dollars for a drink and you can get a drink at our place for three dollars or you can get it for one dollar during happy hour. They want to get away from the glossy and back to the den. They like the throw-back wood paneling. People like the look of it. It is a cycle just like with men’s clothing, and now people are coming back to the lodge. We set up wireless, and we moved the library out into the bar and people like it. It looks nostalgic. A lot of them want chairs so they can use their laptop and have a drink. We’ve got pool tables, dart boards, and shuffle boards. You can sit with your laptop and have a drink in a chair in our library. (Florida Exalted Ruler) I want to give a free one-year membership to our academic scholarship students. Think about it, once you are of age and have graduated from college, we have you come in and have dinner, meet the members, and have a beer. I think the next time you want to go out for a beer you are more than likely to come here for a beer. It is a lot safer than going to some bars. (Florida Exalted Ruler) On the social aspect with our bar and the low prices, you need a big screen TV and shuffle board to attract the young people and that is what we are trying to do. (California Exalted Ruler)

Clearly, many members perceive the lodge bar as an important recruitment device, but the existence of a bar is not enough. It must be private, unlike public bars. It must have a certain atmosphere. Furthermore, inexpensive drinks are helpful in attracting new members, but there must also be diversions or entertainments like billiards, darts, and flat screen televisions in addition to the cheap drinks. Last, and already touched on briefly, the bar is a revenue generator for the lodge—exceeding funds raised through membership dues. One ER proudly described his lodge as having more than one bar and explained that this was necessary to maintain and grow the membership and generate revenue: We have a piano bar in our lounge and a pub. We provide karaoke twice a week. It is really well-attended. This increases money from our bar. (Florida Exalted Ruler)

This particular lodge seemed to be operated more like a business than the vast majority of lodges I contacted. Its operations resembled a resort more

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than an Elk lodge, and it seemed to succeed in drawing families, which is something many lodges have difficulty achieving or are opposed to it. Later in the book, this particular ER and his lodge are discussed as examples of the bar as a membership recruitment tool and the newer “family-friendly” lodges. SUMMARY The contemporary role of the lodge bar and its various functions is not typically covered by scholars. The research and discussion is usually focused on the importance of voluntary associations to a healthy civil society and usually void of barroom stories and analysis. Many social scientists seem to have never spent an evening in a lodge bar despite collecting mounds of data and completing sophisticated analysis. I find this intriguing since many of the Florida and California respondents discuss the lodge bar as an essential element to a successful voluntary association. Why is the function of the bar not taken seriously by scholars? The reason for the absence of analysis could be that the importance of the lodge bar does not fit neatly into the narrative. Perhaps scholars are unfamiliar with the role of drink in fraternal associations—beginning with the Masons—or prefer not to discuss it because they think it is ancillary and not central to the story. Rather than not fitting with the narrative, this aspect goes part and parcel with it—providing a richer and more complex narrative of human interaction. Somewhere along the way drinking has been stripped from the study of voluntary associations and civil society and it needs to be returned. I think the main reason for the omission may be that over time, the description and function of the fraternal voluntary association has been simplified into one of two categories. First, fraternal associations have been characterized as places where adolescent-behaving white men go to get away from a changing society in which they do not understand where they fit into it. Second, I think in the last 20 years the popularity of the study of voluntary associations and their ability to build social capital, and their importance to civil society and democracies, has led to the characterization of the pure dogooder voluntary association. This is an association in which all members see service as a virtue and need no other incentives to join and contribute. Additionally, through his/her membership in the associations the do-gooder citizen eagerly learns lessons about American democracy and federalism. 19 S/he then takes these lessons and applies them to political life. These citizens are uber members and people of a single mind, who seem to abstain from drink. I think these categories require closer examination; the truth may lie somewhere in between. The interviews I conducted indicate that the Elks have a convivial component and a charitable component that are often linked

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to one another. We learn from the interviews that some people—not all—join primarily for the social activities. I suspect many join for a mixture of both social and charitable reasons—an idea I will discuss on the following pages. As presented in this chapter, many of the respondents have identified the bar as an important element of Elk life. Therefore, it stands to reason that policies deterring or restricting the consumption of alcohol impact the social side of lodge life. NOTES 1. Schmidt, Oligarchy in Fraternal Organizations; Mary Ann Clawson, Constructing Brotherhood: Gender, Class, and Fraternalism (Princeton, N.J.: Princeton University Press, 1989); Charles, Service Clubs in American Society; Putney, “Service over Secrecy.” 2. Clawson, Constructing Brotherhood, 118. 3. Charles, Service Clubs in American Society, 13. 4. Clawson, Constructing Brotherhood, 257. 5. Delamar Duane Darrah, History and Evolution of Freemasonry (Bloomington, Il: The Masonic Publishing Company, 1920); Schmidt, Oligarchy in Fraternal Associations, 179. 6. Lynn Dumenil, Freemasonry and American Culture 1880–1930 (Princeton NJ: Princeton University Press, 1984). 7. Schmidt, Oligarchy in Fraternal Associations; Dumenil, Freemasonary and American Culture; Clawson, Constructing Brotherhood; Charles, Service Clubs in American Society; Putney, “Service over Secrecy.” 8. Clawson, Constructing Brotherhood, 119. 9. The Sovereign Grand Lodge, Independent Order of Odd Fellows, www.ioof.org. 10. Clawson, Constructing Brotherhood, 119. 11. David C. McClelland et al., “Summary,” in The Drinking Man (New York: The Free Press, 1972); Rudolf Kalin, “Social Drinking in Different Settings,” in The Drinking Man (New York: The Free Press, 1972), Chapter 2; Mary Douglas, “Introduction,” ed. Constructive Drinking (Cambridge and New York: Cambridge University Press, 1987); Dwight B. Heath, “A Decade of Development in the Anthropological Study of Alcohol Use: 1970–1980,” in Constructive Drinking (Cambridge and New York: Cambridge University Press, 1987), Chapter 2; Paul Aaron and David Musto, “Temperance and Prohibition in America: A Historical Overview,” in Mark H. Moore and Dean R. Gerstein, Alcohol and Public Policy: Beyond the Shadow of Prohibition (Washington D.C.: National Academy Press, 1981). 12. Clawson, Constructing Brotherhood, 156. 13. Aaron and Musto, “Temperance and Prohibition in America,” 131–132. 14. Fiske, “The Elks,” 138. 15. Ibid., 139. 16. I chose California and Florida due to their demographic similarities. 17. See Theda Skocpol’s Diminished Democracy and Robert Putnam’s Bowling Alone. 18. Each member is allowed to bring up to seven guests. Liquor boards allow associations with 501(c)3 status to sell alcohol at a very low cost and therefore restrict the number of nonmembers patronizing the bar. Lodges routinely serving non-members run the risk of losing their non-profit status. 19. See Skocpol, Diminishing Democracy.

Chapter Four

American Fraternal Associations and the Elks

This chapter provides an overview of American fraternal associations, which provides the context within which the Elks’ exist. The discussion centers on the functions of fraternal associations, important aspects of fraternal associations including the white clause, oligarchy and selective charity; and then the decline of fraternal associations. The last third of the nineteenth century was American fraternal associations’ golden age. Recall that the Jolly Corks were founded in 1868. The “heyday of fraternal foundings came between 1865 and 1899, during which time 235 new orders were born.” 1 This being said, American civil society has always proved to be fertile ground for voluntary associations to take root and grow. According to many scholars, roughly 425 nationally-federated fraternal and sororal associations formed between the years 1700 and 1972. 2 Although fraternal associations were not always held in high regard by some Americans and went through periods of negative public opinion, most Americans had a positive view of the associations in the early part of the last century. For example, in 1906 in the Atlantic Monthly, Charles Moreau Harger expressed the views of many Americans when he fondly wrote his article entitled “The Lodge.” He wrote that the lodge had become the social focus of many a town and this was more the case in the American West rather than in the East. He identified the great distances between population centers in the Plains states as one reason the lodges were important. In an interesting democratic vein, he identified another important aspect of the lodge as a democratic surrogate for the family and friends. He praised the lodge by claiming that “the ties of old family acquaintance are lacking; the fraternal order is the one thing that knows no barrier of wealth or position.” 3 It is an unclear tribute to democratic equality in an anti-Veblen 4 sense and a tribute to the lodge func37

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tioning as a social network. Harger also praised the democratic value of fraternal associations. He wrote, “The democracy that politics does not give, that the church scarcely accomplishes to the same degree, comes through the mutual knowledge of the secret work of a fraternal order to whose tenets both have sworn allegiance.” 5 He highlighted the societal benefits of fraternal associations through the lessons it taught its members. After all, it is not the ritual or the robes that make a lodge strong; it is the teaching that is behind it. In even the avowedly beneficiary orders is taught something higher than paying monthly assessments. The underlying principles of charity, hope, and brotherhood are linked with protection in a way that cannot fail to make an impression upon the candidate for lodge honors. (Harger 1906, 493)

Harger’s analysis is more or less based on his anecdotal experiences with the lodge, but he is on to something that present-day social capital theorists have looked at empirically. His observation illustrates the role of the lodge and the fondness for fraternal associations among citizens in the early 1900s. Keeping in mind Harger’s article was written some 20 years after the “heyday” of fraternal associations, it does provide a snapshot of the popular sentiment toward these associations at the turn of the century. Even as late as 1920, these same sentiments were expressed in The New Republic in an article by Charles Merz entitled “Halt to Who Comes There.” 6 Again, the lodge was praised for its democratic and charitable virtues and again the conclusions drawn were those based largely on anecdotal evidence and the author’s personal perceptions of fraternal associations. Nonetheless, these articles reflect Americans’ fondness for fraternal associations lasting well into the 1950s. TYPES OF FRATERNAL ASSOCIATIONS In an effort to provide more precision to the definition, some scholars have sought to distinguish fraternal associations from one and another. The two most interesting attempts were undertaken by Clifford Putney and Mary Ann Clawson. Putney distinguishes between the “old” and “new-style” fraternalism, those founded prior to or after the Civil War. He writes, that “Generally speaking, the older groups were more ritualistic, the newer groups more convivial.” 7 Clawson, too, identifies two types of local fraternities, but her typology is not necessarily based on chronology, like Putney’s types. Rather she identifies one type of local fraternal association as forming around the workplace, and another forming around the Masonic model whose purpose was primarily social. 8 In essence she has arrived at the same conclusion as Putney—there is the convivial fraternal association and there is the ritualistic

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fraternal association. The distinction is interesting and provides context to the Elks as an American fraternal association, but based on my research I find that all fraternal associations, with the exception of temperance associations, are convivial. The Elks always have had a high level of conviviality even when they practiced ritualism. Moreover, the Elks have stood steadfast against losing local autonomy to the state and national Elk bodies. Historically, they have been local in character, convivial, and practiced ritual up until the early 1900s, which does not mean that they have ceased the practice of ritualism. To date it is not clear that the Elks have dropped the ritual from all lodges. FUNCTIONS OF FRATERNAL ASSOCIATIONS Scholars have sought to determine what functions fraternal associations serve, in regard to their members. Schmidt and Babchuck identify four social functions that fraternal orders provide to their members. 9 First, the fraternity provides social integration to its members, especially for immigrants. Although Schmidt and Babchuck were referring to America’s earlier waves of immigration, this concept could apply to current day immigrants. 10 It seems to reason that the first and second Great Upheavals, coinciding with a weak American state, would lead immigrants to fraternal associations for services the state could not or would not provide. For example, it is very possible that the current-day Knights of Columbus are functioning in such a way for Latin American immigrants of the Catholic faith. Second, fraternal membership gives individuals social prestige. Schmidt and Babchuck claim that the prestige was built on a sense that members knew something that non-members did not. In short, it is social prestige based largely on exclusion of others and possession of knowledge. Third, they found that benevolence was a function provided by the fraternal association. It did not matter if it was “either in the form of a mutual aid, charity or insurance.” Members received real material benefits through affiliation with the association. Fourth, and last, fraternities function as a step toward religion or support for religion. In this capacity, they cite the work of Albert Blumenthal’s Small Town Stuff. 11 Blumenthal discusses in great detail that fraternities require members to swear a belief in God. Today, belief in God remains a prerequisite for Elk membership. 12 Additionally, Blumenthal began a discussion on the frequent use of prayer and the bible in all fraternal associations. Schmidt and Babchuck build on this idea and conclude that fraternal associations provide a real religious function. They cite the use of the Bible and prayer in conjunction with lessons on charity and benevolence featuring Judeo/Christian themes. Clawson has identified other functions of the American fraternal association that deserve attention. First and foremost, she identifies the fraternal

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order as an institution that is “centrally about social bonding.” 13 She sees exclusion and white-male bonding as the predominant function of fraternal associations. She writes, “mixed-class, all-male American fraternal orders worked to deny the significance of class difference and to offer gender and race as appropriate categories for the organization of collective identity.” 14 Among white males from varying social and economic backgrounds, fraternalism “allowed both workers and employers to recreate mutualistic relationships between subordinates and superiors in an environment removed from the practical conflicts of everyday work life.” 15 In this case, class and economic status were not discussed among members; rather they were overlooked and became non-factors within the walls of the lodge. The defining aspects of membership were sex—being male, and race—being white. Furthermore, Clawson claims that historically fraternal associations “negated the role of the family and claimed that men could attain morality through participation in an all-male brotherhood.” 16 As for women, fraternal members wanted to convince them that fraternalism was good for them even though they were excluded from it. 17 It would seem, then, that the women’s auxiliaries to fraternal associations were not organized to connect women of “mixed classes.” For example, the Elks’ Women’s Auxillary (the Benevolent, Patriotic Order of Does or DOES) was not a parallel association to integrate women of mixed classes, rather it may have been formed to subjugate them even though it could have inadvertently connected the women in such a way to form an unofficial parallel association. Clifford Putney identifies another function of American fraternities. He claims that “fraternities arose largely in reaction to Victorian high culture, replacing competitiveness with brotherhood, domesticity with fraternity, and stern, evangelical Christianity with intensely secret, luxuriant forms of ritualism.” Putney claims that “the fall of Victorianism to the Progressives deprived fraternalism of its counterpoint, leaving it adrift amidst the challenges of a new century.” 18 Putney’s analysis dovetails nicely with Clawson’s analysis. It seems to me that in both accounts, the association provided a sanctuary for men that protects them from the ravages of the free-market and liberal society. Additionally, it uses gender and race as organizing categories and not class. FRATERNAL ASSOCIATIONS: THE WHITE CLAUSE, OLIGARCHY, AND SELECTIVE CHARITY The discriminatory practices among American fraternal associations are well-documented; however, any discussion that praises the positive social benefits of these voluntary associations without discussing these practices is not only inaccurate but unconscionable. To truly understand associations like

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the Elks and their importance to the American experience, the white clause, oligarchic tendencies, and the criticism that they practice selective charity must be part of the discussion. The White Clause American fraternal associations, with the exception of parallel Negro fraternal associations like the Improved Benevolent Order of the Elk, once explicitly excluded African Americans from membership. Most fraternal associations did not remove their version of the “white clause” from official policy until the early 1970s, when faced with the decision to remove the “white clause” or lose their license to sell liquor. 19 The Elks are not an exception; rather they are a prime example of the discriminatory nature of American fraternal associations. Although it was the Moose Lodge that was brought to court by a black politician who took issue with their policies, it very well could have been the Elks. Fiske contends that since the founding of the Elk order in 1868, its membership had been limited to whites only. 20 As late as 1972, the Elks’ constitution of 1972 formally supported this discriminatory policy. It is referred to as the “White Clause,” and it states that a potential member must be white. By the early 1970s, lodges in Wisconsin and Maine had spearheaded a movement to have the clause removed from the Elks’ constitution. The first attempt failed, but subsequent action at the state level led to the official removal of the clause during the 1973 National Elk Convention. At the national level, various groups were active in persuading or forcing (through the courts) fraternal associations to include non-white members. As Fiske writes, “The challengers took two principal courses in their legal battles. They pressed for the revocation of liquor licenses, which are a principal source of income for most lodges and they demanded the elimination of lodge tax exemptions.” 21 The irony is too obvious to be missed. Imagine a fraternal association that promotes itself as charitable, patriotic, and American but is against admitting non-white citizens. This would seem to violate its Americanism characteristic and other cherished principles. Perhaps even more ironic is that the association is publicly adamant in its stance on membership requirements until faced with the revocation of its liquor license. This only underscores the importance of the bar and the role of alcohol consumption. The attempts of citizens to bring the Elks to court and serve them with sanctions occurred against the backdrop of a Supreme Court case and ultimate ruling. In June 1972 the Supreme Court ruled 6-3 that the Moose Lodge, which in 1968 refused service to a black Pennsylvania Congressman, K. Leroy Irivs, was within its rights. Justice William Rehnquist wrote, “We conclude that Moose Lodge’s refusal to serve food and beverages to a guest

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by reason of the fact that he was a negro does not, under the circumstances presented, violate the (14th) Amendment.” Although the Court’s decision rendered by the Honorable Justice Rehnquist was a blow to Americans who were against discrimination, the pressure to eliminate the white clause from fraternal constitutions persisted in the state courts and, more important, within the various fraternal associations. A few months later at the 1972 Elk national convention, the white clause was put to a vote and withstood the vote, but some local Elk lodges openly rebelled and began admitting blacks. 22 The following July, at the 1973 convention in Chicago, Fiske writes that “it was clear that the 1972 vote to maintain the white clause had raised more problems than it had solved.” 23 He cites “court rulings in Maine and Oregon” that revoked lodge liquor licenses and tax exemptions, which had the effect of severely reducing the impact of the Supreme Court’s Moose Lodge decision. 24 Additionally, he claims that several other state courts had already eliminated tax exemptions, and others were considering liquor license revocation. But the most serious damage came from within the Elks. Local lodges in Maine and Wisconsin were “openly defying the Elks constitution by eliminating the white clause from their local charters and membership applications.” 25 In an interesting testament to the Elks’ practice of local autonomy and adapting to changing times, it was the dissent and defiance of local lodges that forced the national Elk body to move toward eliminating the white clause. The white clause was officially removed from all Elk membership requirements in 1973. Oligarchy and Fraternalism The neo-Tocquevillian view of traditional voluntary associations—like the Elks—is that among other things citizens learn lessons about the democratic process and federalism through their membership and participation. 26 This is the axiom among many social capital theorists, but there is counter-evidence that needs to be discussed. Some scholars suggest that lessons on democracy and equality are not learned through membership, but quite the opposite. In his book, Oligarchy in Fraternal Organizations: A Study in Leadership, Alvin Schmidt builds on the findings of Noel Gist who found that lodges tend to form oligarchic structures. 27 The notion that oligarchies form naturally in all human organizations is based on the work of Robert Michels (1876–1936) and his “iron law of oligarchy.” 28 Michels, a German-born Italian sociologist, contended that every organized collectivity was destined to become oligarchic, authoritarian, and bureaucratic. In his study, Gist found that it is common for organization leaders to repeatedly succeed themselves in one or more executive or committee positions over a given number of years. Schmidt presented evidence that not only supported Gist’s claims but also added nuance to it by discovering that “fraternal organizations are less

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oligarchic during the early, formative years of their existence, than during later periods,” in which often they become classic studies of oligarchy. 29 The reason behind the tendency of the same few members being voted into positions of authority varies among associations. Schmidt’s investigation provided the following—apathy, hero worship, vested interest, and fear of leadership change—as reasons for the oligarchic nature of American fraternal associations. 30 It is important to keep in mind that although the lodge functions as a sanctuary for its members and strives to be a place where members of crossclass backgrounds meet on “even ground,” it too has built-in disparities which might support the notion of oligarchic tendencies. For example, Clawson writes that “like the outside world, the lodge was built around a structure of inequality, in the system of degrees that members were to ascend.” 31 Most fraternal associations have degrees (levels) from as few as 3 for the Knights of Columbus to as many as 33 for the Masons. Members must past various rites to ascend the particular association’s degrees. The existence of hierarchy within fraternal associations is not contradictory to democracy. In all lodges it still remains one person, one vote. As for claims of oligarchy, during the course of my interviews with ERs that are discussed in the next chapter, only two referred to “cliques” within the lodge and it had less to do with political oligarchy and more to do with exclusive social behavior. 32 Moreover, many ERs contradicted claims of oligarchy by reporting that competition among members seeking office was “high,” while others said it was difficult to fill all the offices because most members did not want the added responsibility that comes with holding office. Responses ranged from “we’ve had a lot of competition” (Florida ER); to “all of my officers are new to the position” (Florida ER); to “many hold office only once because they burn out from all the work” (Florida ER). Others said that, “memorizing our parts prevents some people from running because they have a hard time memorizing” (Florida Exalted Ruler). The ER was referring to the ritual aspect of the office when s/he discussed “parts.” Each officer recites elaborate lines that one ER referred to as “Shakespearean.” On the other hand, some reported, “It is tough. We go out and solicit members to run because no one wants to do the work of officers” (Florida ER). An ER from Florida put the situation succinctly when s/he said, “Most lodges are having trouble getting people involved. That’s our problem.” Although the responses of Florida ERs were the only ones cited as examples that contradict notions of oligarchy, the similar statements were made by many California ERs. Both cited either a competitive aspect to running for Elk office resulting in “new” officers or no competition resulting in open offices or “begging” former officers to serve again. In this light it might be a mistake to consider current-day associations like the Elks as oligarchic— although they may have been in the past. It might be more accurate to

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consider the associations now to be a combination of hierarchy, oligarchy by default, and democracy. Selective Charity Of the three points that comprise this section, this might be the most trivial. It might boil down to a discussion of degrees of social capital within the framework of an orthodox social capital theoretical discussion. Fraternal associations have been characterized as being inward-looking and insular. Critics have accused them of selectively choosing charitable causes that directly benefit their members. 33 Perhaps nepotism charity is the accurate term. At the same time, fraternal associations have been touted as an important part of American civic life, largely because of the social capital they build and the civic engagement they foster through benevolent and charitable acts. 34 While there is no definitive evidence one way or another, in the early days of fraternal associations many of the associations’ activities “focused inward not outward” . . . and “when fraternities underwrote charities, for example, it tended to be for the benefit of members and not the amelioration of society.” 35 This was the case in the late 1800, but it is no longer the norm. The Elks, and most other associations, have developed an outward charitable arm. Moreover, many scholars do not considered inward-looking associations to be detrimental or unimportant to a strong civil society. Many scholars working in the field would find the criticism of selective charity as trivial and incorrect for contemporary associations. Drawing comparisons with service clubs, like Rotary and Kiwanis, serves as a useful device to elaborate on this subject of selective charity. In the past, when compared to a service group, the fraternal association is once depicted as inward looking. For example, in his 1962 study, Hausknecht concluded that “civic and service explicitly connotes a link between the individual and the wider community, while lodges and fraternal connotes a considerably more private sphere of activity.” 36 Based on this inward looking approach, Hausknecht wonders if fraternal associations educate and build-up their members into the informed citizenry that liberal democracies demand. In the end he concludes that fraternal “members can use social and political mechanism available for the achievement of their goals and membership has consequences for leadership in society,” but education explains more of this than fraternal membership. 37 In short, he links levels of education, rather than association membership, to an informed citizenry that is prepared for the responsibilities and obligations of democratic citizenship. Returning to the inward nature of fraternal associations, the criticism leveled against them does not claim that the associations are not charitable. Rather, the critics assert that associations like the Elks are likely to only take care of their own members through benevolence to members and in the form

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of charities linked to the interests of members. The research and interviews conducted for this book provide counterfactuals to this claim. Many scholars would conclude that fraternal associations continue to look inward, but for all intents and purposes this inward focus is not a characteristic of modern lodge associations like the Elks. They create inter-social capital rather than intrasocial capital, but both are good for democracies. 38 For example, the Elks’ national projects are for children with disabilities and veterans; there is no familial prerequisite. DECLINE OF FRATERNAL ASSOCIATIONS There are several reasons for the decline membership in lodge associations. They range from the obvious that have been fairly-well documented to the not so obvious that I intend to examine in detail. The leading factors thought to explain the precipitous decline in fraternal associations beginning in the early 1900s range from Americans’ growing distaste for racism and sexism, to the anachronism of ritual and secrecy, to Americans’ dwindling free time for voluntary associations. Alcohol regulation is one of the not so obvious factors that deserve greater exploration. In the bodies of literature covering declining fraternal associations, declining civic engagement, and declining social capital, alcohol regulation has received little attention and has not been mentioned as a possible detriment to civic engagement. 39 Legacy of Sexism and Racism One reason the fraternal association has fallen into ill favor with American men is the associations’ collective legacy of sexism and racism. Clawson has suggested that higher levels of education among men and co-educational college experiences have damaged the appeal of the exclusive fraternal association. The Elks have adapted to these societal changes; this may be why they have experienced a smaller decline than other fraternal associations and, subsequently, have remained active into the end of the twentieth century. The white clause was finally eliminated and women have been accepted as fullmembers and, moreover; women and minorities have been elected to positions of power within the local lodges. The DOES and women’s auxiliary remain active, but now women have the option of becoming full-members. Another fraternal association that has reaped the benefits from changing with the times is the Moose—who now refer to themselves as a “fraternal association for the family.” Those fraternal associations that did not change with the times and remained racist, sexist, and anti-Semitic, albeit unofficially, have lost their appeal with more educated males. For the Elks, the transition to an association in the fraternal tradition involved the wholehearted pursuit of community service by supporting the Salvation Army, giving money to hos-

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pitals and schools, and providing Christmas baskets for the needy. Charles characterized the change as “talk of middle-class stewardship replaced homage to the bonds of brotherhood.” 40 He implies that by taking on some of the characteristics of a service club, the Elks have managed to remain a viable association into the late 20th century. It is clear that they have included an outward looking approach toward their activities. More important, the outward-looking approach to charity has surpassed the level of inward-looking charity. It seems that associations like the Elks have sustained themselves throughout the twentieth century by implementing a course of goal succession; and those associations that have not fared well have not changed with the times. Schmidt and Babchuck have found that “groups such as the Elks which have been growing and becoming more viable have engaged in goal succession, or the process of adjusting the organization to fit more closely with different demands made in a changing society.” 41 The claim they make is that “voluntary fraternal groups which engage in goal succession are more likely to remain viable, while those which engage in goal displacement tend toward atrophy.” 42 Like many people studying voluntary associations, Schmidt and Babchuck identify urbanization and industrialization as important factors in the decline of fraternal associations but stress that “the decreased vitality of many fraternal orders is probably due to their present-day intractable orientation toward change.” 43 As we have seen, the Elks have adapted and changed with societal changes, hence their longevity on the American voluntary association landscape. Anachronistic Rituals Another factor that somewhat overlaps with the claim that educated males are turning away from fraternal associations’ sexist and racial exclusiveness is the anachronism of the associations’ ritualism. Many scholars cite the anachronistic nature of associations named after animals, silly rituals and costumes, and grand honorific titles of officers as a reason that they have fallen out of popularity in recent decades. 44 Simply put, American males find the ritual and secrecy of the fraternal experience to be foolish. Perhaps this coincided with the 1970s, and America’s collective lost innocence in conflicts like Viet Nam and Watergate. Maybe in the context of the political and social times, the ritualism and secrecy of fraternal associations seemed absurd. Whatever the reasons behind American males’ disinterest in this aspect of fraternalism, it is often cited as a leading reason potential members have turned away.

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The Rise of Service Organizations Another factor in the decline of fraternalism is that many members have less time for lodge meetings but have enough time for service organizations. Putnam and others have suggested that Americans have less and less time on their collective hands to participate in voluntary associations. Fraternal associations, in particular, require a great deal of time and commitment from their members. Most fraternities hold a weekly lodge meeting that requires all members to attend in addition to various committee and officer meetings. Furthermore, the fraternities attach time-consuming requirements to the ascent of degrees. If a member wants to ascend the local association’s hierarchy, it takes time and commitment. In these days of longer work commutes, child after-school activities, two working parents, and more television programming, it seems that many Americans find that the fraternal association require too much of their time. Many have discontinued their membership and look for less time consuming organizations like service clubs that conduct the same type of charity work and share aspects of fraternal life. The attraction to service clubs is that they do not have degrees, they meet weekly for lunch, and they do not have a lodge. It is an appealing option for many citizens who want to remain civically and socially engaged but want to spend less time doing so. This brings us to the subject of service clubs and the possibility that these clubs have “creamed” the most affluent and educated from the fraternal ranks. Service clubs burst onto the scene in the 1920s; at first they were seen as pure commercialism and mutualism by many Americans but that changed with time. 45 Charles cites a Harper’s article from the 1920s that criticized service clubs for being antithetical to cultural achievement. He wrote that service clubs were just an extension of business values into everyday life that crushes the individual spirit; and more closely tied to business than fraternities. 46 The service clubs were made up of small businessmen and independent professionals who shared “many progressive values and middle-class sense of responsibility.” 47 Through the 1930s, club membership and the “big three” made up 90% of all membership—Rotary, Kiwanis, and Lions. Whereas fraternities valued kinship and mutuality, service clubs valued service and efficiency. 48 The service club appealed to its members for several reasons. First, it differed from the lodge in several important respects. Service club meetings were held in the afternoon, not in the evening thus allowing members to keep their evenings free. The service “club members wore no special regalia, simply their suits; their meeting places were not mock Grecian temples but restaurants and hotels—public places, not secretive ones.” 49 The elements that many found as the silliest aspects of fraternalism were not found in service clubs. Perhaps “most significant of all, whereas lodges embraced all

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men as brothers, service clubs only admitted businessmen and professionals.” 50 This may have appealed to college-educated professionals who found the lodges to involve too much ritual and too much drinking. For these reasons, it is quite possible that service clubs creamed the most affluent and educated and perhaps the most active members—leaving the fraternities with depleted leadership. It also may have contributed to a more single-class composition of fraternal associations rather than the more cross-class membership they are credited with serving. Regardless, the middle-class American male seemed to turn to “service as a rationale for sociable association and became to believe that business could not ignore public needs.” 51 Finally, it is my claim that stricter enforcement of more severe DUI penalties has forced the Elks to respond—just as they have in the past. As we now realize, alcohol consumption plays a big role in lodge life. The history of fraternal associations in general, and in America specifically, is intertwined with the consumption of alcohol—for ritual, revenue, and social purposes. There is no indication that the importance of alcohol has diminished within fraternal associations. Elk alcohol-related events continued to be reported in the newspapers. These incidents provide evidence that drinking and gambling are present-day functions of several Elk lodges. SUMMARY Based on the relevant literature and research, it seems clear that the Elks and other fraternal associations played a somewhat dichotomous role in American civil society. While there is evidence that they were indeed schools of democracy, there is countervailing evidence that they were schools of oligarchy, sexism, and racism. The evidence that fraternal associations were cross-class deserves the caveat that they were historically white, male, and cross-class. In light of the criticisms of the Elks and other fraternal associations, I think it is indisputable that associations like the Elks provide needed services to many Americans. The social capital created is perhaps more bonding than bridging, but both forms occur no matter how one looks at it. Moreover, it has been demonstrated that the Elks have changed over time and are not the Jolly Corks or the association they were as late as the 1970s. No longer are the Elks inward-looking. They are an outward-looking inclusive voluntary association. Regardless of one’s opinion of fraternal associations, the fact remains that fraternal associations constitute a considerable part of civil society. They are schools of democracy that teach citizens lessons about civic virtue and democratic principles. Furthermore, their federated structure teaches members about the American system of government and even the legislative process. Additionally, fraternal associations’ cross-class member-

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ship works to bring Americans together who normally would not combine in the outside world or workplace. The close examination of the Elks from their beginning as the Jolly Corks, to an exclusively white fraternal association, to an inclusive voluntary association in the fraternal tradition, has shown that the history of American voluntary associations is not a simple one. Rather it reveals a story of voluntary associations—at times ascriptive, bigoted, and sexist—creating social capital and encouraging civic engagement that led to a more inclusive society. I conclude that this narrative of associational life is not an insurmountable contradiction; the two are not necessarily mutually exclusive—they are parts of the Elk story and the American story. NOTES 1. Putney, “Service over Secrecy,” 179. 2. Schmidt, Oligarchy in Fraternal Organizations; Putney, “Service over Secrecy”; Clawson, Constructing Brotherhood: Gender, Class, and Fraternalism. 3. Charles Moreau Harger, “The Lodge,” The Atlantic Monthly (1906), 488. 4. I am referring to Thornstien Veblen’s The Theory of the Leisure Class (1899) and Veblen’s theories of the anonymous observer and conspicuous consumption, which seem contradicted by Harger’s observations and claims. Elks wanted to be identifiable to other Elks and to the pubic because of the prestige of membership. 5. Harger, “The Lodge,” 489. 6. Charles Merz, “Halt to Who Comes There,” The New Republic (August 15, 1920), 327–328. 7. Putney, “Service over Secrecy,” 185. 8. Clawson, Constructing Brotherhood, 111. 9. Alvin J. Schmidt and Nicholas Babchuck, “Formal Voluntary Organizations and Change Over Time: A Study of Fraternal Associations,” Journal of Voluntary Action Research Vol. 1 Issue: 1 (January 1972), 130–140. 10. Although there does not seem to be any current literature that supports this supposition, it is plausible and warrants further investigation. 11. Albert Blumenthal, Small Town Stuff (Chicago: University of Chicago Press, 1932). 12. www.elks.org , the “Membership Page.” 13. Clawson, Constructing Brotherhood, 11. 14. Ibid., 15. 15. Ibid., 173. 16. Ibid., 185. 17. Ibid., 188. 18. Putney, “Service over Secrecy,” 189. Also, see Mark C. Carnes, Secret Ritual and Manhood in Victorian America (New Haven: Yale University Press, 1989). Putney cites Carnes throughout the section. 19. Alvin Schmidt and Nicholas Babchuck, “The Unbrotherly Brotherhood: Discrimination in Fraternal Orders” Phylon (1960), vol. 34, No. 3, 275–282. 20. Fiske, “The Elks,” 136. 21. Ibid. 22. Ibid., 145. 23. Ibid. 24. Ibid. 25. Ibid. 26. Skocpol, Diminished Democracy.

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27. Noel Gist, “Secret Societies: A Cultural Study of Fraternalism in the U.S.” University of Missouri Studies (15: 1940), 9–176; Schmidt, Oligarchy in Fraternal Organizations, 7. 28. Robert Michels, First Lectures in Political Sociology (Minneapolis MN: University of Minnesota Press, 1949). 29. Schmidt, Oligarchy in Fraternal Organizations, 69. 30. Ibid. 31. Clawson, Constructing Brotherhood, 255. 32. A California and Florida ER stated that their respective lodges were too “clique-ish and clique-ee.” 33. Schmidt, Oligarchy in Fraternal Organizations. 34. For a discussion see the following: Theda Skocpol and Morris P. Fiorina, eds., Civic Engagement in American Democracy (Washington, D.C.: Brookings Institute Press, 1999); Putnam, Bowling Alone; Robert D. Putnam, Democracies in Flux: The Evolution of Social Capital in Contemporary Society (Oxford: Oxford University Press, 2002); Skocpol, Diminishing Democracy. 35. Putney, “Service over Secrecy,” 182. 36. Murray Hausknecht, The Joiners: A Sociological Description of Voluntary Association Membership in the United States (New York: Bedminster, 1962), 74. 37. Ibid., 111. 38. This is essentially bridging and bonding social capital, which are not mutually exclusive and impossible to rank. 39. See the Saguaro Institute: www.ksg.harvard/saguaro. 40. Charles, Service Clubs in American Society, 22. 41. Schmidt and Babchuck, “Formal Voluntary Organizations and Change Over Time,” 46. 42. Ibid. 43. Ibid. 44. Schmidt, Oligarchy in Fraternal Organizations; Clawson, Constructing Brotherhood; Putney, Service over Secrecy. 45. Charles, Service Clubs in American Society, 1. 46. Ibid., 3 & 89. 47. Ibid., 4. 48. Ibid., 4–11. 49. Putney, “Service over Secrecy,” 186. 50. Ibid. 51. Charles, Service Clubs in American Society, 41.

Part II

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Chapter Five

The Origin and Growth of MADD

Spanning across the country from California, and occurring a little over 100 years after the Jolly Corks formed the association that later became the Elks, Candy Lightner and her close friends founded the first local chapter of Mothers Against Drunk Drivers (MADD) that later became Mothers Against Drunk Driving. MADD was founded in September 1980 in Fair Oaks, California after 13-year-old Cari Lightner, the daughter of Candy Lightner, was killed by an intoxicated driver. Three days before the fatal crash the driver, Clarence Busch, was released from jail—where he had been serving time for a previous drunk driving-related crash. In total, he had three driving under the influence (DUI) convictions prior to his hit-and-run crash that killed Cari. 1 Upon hearing that the repeat offender would be sentenced to only two years in prison for the crash that killed her daughter, an angry and shocked Lightner created MADD. According to MADD’s web site, the original mission of the organization was “to mobilize victims and their allies to establish the public conviction that impaired driving is unacceptable and criminal in order to promote corresponding public policy, programs and personal accountability.” 2 In 1984, MADD changed its name to Mothers Against Drunk Driving, replacing “Drivers” with “Driving.” The purpose behind the change in name was to reflect MADD’s mission to “eliminate a crime and to focus on the act of drunk driving.” 3 The organization followed up the name change with a new and condensed mission statement that reads “to stop drunk driving and to support victims of this violent crime.” 4 Throughout the changes to the organization’s name and mission statement, the belief that drunk driving is a violent crime has remained unchanged. From its founding, MADD remains committed to convincing the general public that drunk driving is a violent crime and, therefore, should be treated as one in the criminal courts. Its 53

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mission is retribution-driven rather than rehabilitation-driven. To be clear, the organization takes a criminal justice and crime control approach to drunk driving rather than a due process and public health approach. 5 Although MADD wants the violent criminal to seek rehabilitation, it is foremost concerned with punishing the perpetrator of a violent crime. In their research on MADD, McCarthy and Wolfson found that the group had originated “in modest efforts by victims and concerned citizens” who came together to attack drunk driving and experience a key growth period of 1981–1982. 6 Beginning with the first local chapter in California and then one in Maryland, MADD rapidly grew to have millions of volunteers in over 400 chapters in the United States, Canada, England, New Zealand, and Australia. 7 McCarthy and Wolfson report that by 1984, MADD’s national office operating budget was approximately $1.5 million, “the bulk of which was raised by direct mail solicitation.” 8 By the late 1990s MADD had achieved its goal of lowering the BAC in most states to .08 and had articulated its “20 x 2000” goal, which was a program aimed at reducing DWI-related deaths by 20 percent by the year 2000. Remarkably, in less than 20 years the modest efforts of a grieving mother and a few American citizens had evolved into a sophisticated organization that defined an emerging social issue, used direct mail solicitations to raise funds, and was powerful enough to shape national legislation and see it through into law. The rapid growth of the organization is chronicled in Frank Weed’s research. His findings show that the growth of the grassroots base of MADD, which he identifies as its local chapters, reached a rate of about 9 new chapters per month between 1981 and 1985 and resulted in 320 chapters in 47 states. He attributes this growth to MADD’s success in making their objectives known to “many concerned individuals, victims, or their family members.” 9 He claims that a key to MADD’s efforts for making their mission known was that it prompted many citizens to ask “what can I do to help?” On this subject, McCarthy and Wolfson are in agreement with Weed’s findings and analysis. They found the following: This major shift in public consciousness was accomplished in part by the efforts of local activists who, during the late 1970s and early 1980s, created more than 400 groups dedicated to the eradication of drunken driving in communities across the nation. At the time, these groups were almost exclusively small, volunteer projects. The majority of the founders of local groups linked their efforts to the national structure of MADD. By the early 1990s, as the movement matured, more than 25 percent of the local groups had hired full- or part-time staff to carry out many of the tasks previously handled by volunteers. (McCarthy & Wolfson 1996, 1071)

In terms of growth alone, not considering political and social power, MADD spread across the nation and the globe at a tremendous rate of speed. Further-

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more, according to McCarthy and Wolfson, within a decade it underwent a professionalization process replacing voluntary labor with paid labor. Additionally, McCarthy and Wolfson cite the work of Debra H. Swanson and claim that MADD’s transition from a small organization to a national organization with professional staffs and a headquarters in Texas was possible because of the organization’s use of telemarketing to raise and significantly increase revenues. 10 This is an interesting aspect of the organization’s evolution. MADD had originally relied on direct mailing for revenue. It appears that it changed with the times by recognizing the newest technology—telemarketing—and incorporating it into its operations. This is illustrative of the organization’s ability to adapt and plan. Coupled with its shift from an early reliance on the labor of volunteers to paid professional staffs, MADD has demonstrated an ability to adapt and succeed over time. OVERVIEW OF MADD’S MAJOR MILESTONES The best way to gain a sense of the growth, development, and accomplishments of MADD is to list a selection of its milestones that are posted on the MADD web site (see Table 5.1). The information reveals the evolution of a grassroots organization from its nascent years to the professionalized citizenadvocacy group it evolved into over the subsequent decades. The information provides a look into MADD’s early days when it was more or less a grassroots movement relying on an “outside” strategy to promote its mission and then, as the organization became more mainstream and eventually a partner with the state, it relied on an “inside” strategy to promote its mission. 11 Jack Walker has presented the “inside” and “outside” strategies as an either or proposition. He had found that in the early stages of an organization, its leaders decide and “settle upon an organizational and financial strategy that includes methods to maintain the loyalty of the membership and to attract the sympathy and support of important patrons.” 12 This process involves adopting one of the strategies to which the organization then becomes dedicated. The milestones posted on MADD’s web site; however, demonstrate how the organization progressively became more sophisticated in policy development and goal attainment while also becoming more involved in the legislative process as a state partner. What emerges is an organization that began using an “outside” strategy out of necessity but over time began to use a combination of “outside” and “inside” strategies. Rather than facing an either/or decision over strategy, MADD combined the two into an “and/is” strategy which is unusual, according to Walker. These are only some of the milestones listed on the MADD web site. I selected ones that I thought demonstrated the evolution of an organization. The milestones depict an organization that, in less than 20 years, changed

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56 Table 5.1. MADD Milestones Date Action

Comments

1980 In May, Mothers Against Drunk Drivers (MADD) is established in California. Later this year, in September, MADD officially incorporates.

The Maryland chapter is established and incorporated soon after the California chapter.

1982 President Reagan announces the Presidential This is an early example of Commission on Drunk Driving, and MADD is MADD’s relationship with the invited to serve as a member. state, which grows over time. MADD backs a resolution enacted into law by Congress to establish the first National Drunk and Drugged Driving Awareness Week in December. The 1982 Howard-Barnes Bill passes, according to MADD, with the organization’s help. The bill is signed into law by President Reagan to “set aside federal highway funds to give to states (sec. 410 of U.S. transportation code) for funding anti-drunk driving efforts.”

These are compelling examples of MADD’s early working relationship with the state and the Executive Office in particular. President Reagan was a strong supporter of MADD and its efforts, so much so that he secured federal monies to aid the organization’s “start-up.”

1983 MADD opens its national office in Hurst, Texas. This same year, they receive positive media attention when NBC produces and airs a made-for-television movie about MADD. According to the organization, the film resulted in the growth of more chapters and more “significant media attention” then they had experienced in the past.

MADD’s relationship with the media suggests it is part of an issue network. Further bolstering its successes in the legislative arena, in 1983 the government reported that 129 new anti-drunk driving laws passed by year-end.

1984 MADD cites President Reagan’s signing of “The Federal 21 Minimum Drinking Age Law” as an outcome of its efforts. During this year, MADD embarks on its first direct mail campaign to educate the public and raise funds. MADD now has more than 330 chapters in 47 states. The direct mail campaign is followed by 1985 telemarketing programs that “spur a major growth in grassroots support and serve as MADD’s major public awareness campaign to educate the general public on drunk driving issues.”

This is a prime example of MADD’s political acumen. It is adept at recognizing ways to combine increasing revenue with broader awareness of its mission. The direct mail and telemarketing campaigns are perfect examples. MADD’s political role begins to grow by the late 1980s.

1987 MADD is asked to submit an amicus brief to the U.S. Supreme Court opposing an effort by several states to have the federal Age 21 law ruled unconstitutional. The law is successfully upheld.

The list of MADD-backed legislation is voluminous.

The Origin and Growth of MADD 1988 The Omnibus Anti-Drug Abuse Act is signed. “Included in this landmark bill is an amendment that extends the same compensation rights offered to victims of other crimes to all victims of DWI.” Another amendment creates the Drunk Driving Prevention Act (Section 410), which increases incentives for key state DWI law enactment. MADD also develops “Impaired Driving Issues workshops and compendia to instruct judges, legislators, law enforcement officials and MADD members on how to amend and implement stronger anti-DWI laws.”

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In a span of two years, the highest court in the land requests an amicus brief from MADD, and MADD is holding workshops for judges, legislators, and the police. It is a fascinating ascent at breakneck speed from a grassroots organization to a national organization that can be considered an institution.

1989 At the end of the decade, MADD “forms Victim Impact Panels as a national program and publishes a ‘how-to’ booklet and video” for the public. 1990 Once again, MADD is invited to file an amicus brief with the U.S. Supreme Court over the constitutionality of sobriety checkpoints. After the hearing, the court rules in favor of checkpoints.

MADD later establishes the week of July 4th as National Sobriety Checkpoint Week.

1991 MADD claims to have had a key role in shaping a section of the Intermodal Surface Transportation Efficiency Act (ISTEA), which is passed by Congress. MADD says the section they crafted “included an updated section 410 which involved a program to more effectively encourage states to adopt key antiDUI legislation.” Also this year, MADD releases its first national “MADD Rating the States” publication, a survey that draws nationwide attention to the status of state and federal efforts against drunk driving. 1992 MADD hires Gallup to survey public attitudes on drunk driving; this reveals that Americans cite drunk driving as the #1 problem on the nation’s highways. The second MADD-Gallup survey results are released in 1994. The findings show the public is becoming less tolerant of drunk drivers and more supportive of stiffer penalties for them. With each success comes more support in the form of donations and official governmental recognition, so much so that by the mid-1990s, The Chronicle of Philanthropy names MADD as America’s most popular charity.

From its early grass roots activism in the early 1980s, to the sophistication of direct mail and telemarketing, to lobbying, filing amicus briefs and conducting national surveys, MADD continued to become more involved in the political process and nurture good relations with the federal government.

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1995 MADD steps into the policy development arena. They begin holding Public Policy Institutes to train state public policy liaisons in DUI issues and legislative ‘how-to’ techniques. Additionally, the Federal Zero Tolerance Law is passed by Congress, “tying federal highway funds to the passage of a state-level version of the Zero Tolerance Law,” something MADD sought for years. 1996 MADD’s foresight and ability to change with the times is again on display when the organization launches its official web site. Further evidence of the organization’s success emerges later in 1996 when President Clinton and Senator Dole announce support for the Crime Victims Rights Constitutional Amendment, a MADD cornerstone. 1998 Another of MADD’s efforts succeeds when the U.S. Senate passes a federal .08 BAC bill. MADD’s hopes are dashed when the House refuses to vote on the amendment. MADD’s efforts, however, do pay off in 1998 with the passage of Zero Tolerance Legislation in all 50 states. By the end of the millennium, MADD co-hosts a National Diversity Forum with NHTSA.

The outcome of the National Diversity Forum was MADD’s National Board of Directors adopting recommendations from MADD’s Diversity Task Force on program outreach to people of ethnic diversity.

2000 MADD’s hard work is recognized in the U.S. Congress’ passage of a national .08 BAC measure as part of the Federal Transportation Appropriations Bill. President Clinton signs the bill into law on October 23, 2000. By the end of the year, 21 states have lowered the illegal drunk driving limit to .08 BAC.

The next presidential election reveals the extent of MADD’s influence when candidates Bush and Gore both announced their support of the MADD-endorsed Crime Victims Rights Constitutional Amendment.

Information collected from MADD’s website: www.madd.org.

from a grassroots organization to a full-fledged, professionally-run organization that is involved in the process of creating national policy. The organization partnered with the state in many ways and it partnered with all three branches of government. Moreover, it held DUI policy workshops to educate elected and appointed officials. This is an important aspect of the MADD organization. It appears to be a conscious effort to develop substantial technical expertise and information capacities that are valuable to those in government—much like an interest group. 13 In short, MADD became an organization that possessed information valuable to those in government, thus positioning themselves as a desirable partner.

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MADD: FROM GRASSROOTS TO PROFESSIONALIZED ORGANIZATION The MADD organization has progressively become more sophisticated in its policy development activities while also becoming more involved in the policy process as a partner with the state. Over the decades the organization experienced a good working relationship with the state and. Of particular interest is that it received public funding for its start-up costs from the Reagan administration in the early 1980s. 14 Although the organization often is referred to as a grassroots movement, the point cannot be lost that from the beginning MADD received money from the state—the very entity it was pressuring to enact stricter DUI legislation. The state was not the only contributor to the organization’s early efforts. In its first years MADD received grants from the American Council on Alcohol Problems, the National Highway Traffic Safety Administration ($65,000), and the Levy Foundation ($100,000). 15 At times the partnership has blurred the boundaries between the state and civil society. If the MADD narrative has a beginning, middle, and end, it might be said that in the beginning it petitioned the state for action using an outside strategy. Then, in the middle, it provided assistance to the state and began using an inside strategy. In the latest stage of its evolution, it employs both an outside and an inside strategy. Today, the use of an outside strategy is more likely to occur with its local chapters through candle light vigils and protests. The use of an inside strategy can be seen when MADD operates as an advisory and consulting organization to the state; moreover, it can be observed when the state seeks out MADD’s expertise on policy issues. There are four points I wish to make in regard to MADD’s evolution from grassroots to professional organization. Although this is roughly in chronological order, it is more useful to think of it as a road map and not a timeline. It can be said that we are traversing the MADD terrain. First, MADD began as a grassroots organization that relied on volunteers and used an “outside” strategy to try to change governmental policy. Jack Walker writes that in the early stages of an interest group, the members make a conscious decision on using “outside” or “inside” tactics to promote their cause. The decision is important because it shapes public perception and, to an extent, dictates future actions taken by the group. Clearly, MADD had employed an outside strategy when Candy Lightner and her friends began operations in 1980. This was more than likely out of necessity since Lightner was not a trained lobbyist, public relations spokesperson, or politician. 16 Rather, she was a distraught mother who had lost her 13-year-old daughter to the actions of a drunk driver. Nevertheless, MADD’s use of candlelight vigils, letter writing campaigns, petition signings, public protests, and testimonials is emblematic of an outside strategy. The organization had few other options but those

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available to citizens outside the formal governmental process. This is a good example of an organization’s members recognizing the opportunities presented to them and acting appropriately. 17 Many organizations fail in their efforts because they have ignored the opportunities presented to them due to ideological reasons or just a lack of understanding of the political process. A second point is that MADD went through a process of centralizing its organization. It changed from an organization that was ordered from the bottom up to one that is ordered from the top down. It began as a few grassroots chapters but came to resemble a federated national body of local chapters with a professionally-staffed headquarters in Hurst, Texas. MADD headquarters then put into place protocols for its local chapters to follow and began issuing directives to the local chapters on everything, even the type of staff necessary for a chapter to gain official MADD chapter status. It seems the process of centralization and vertical structure aided in MADD’s legitimization and positioned it to make the move to an insider strategy. In essence, it became more institutionalized than it had been in previous years. Examples of the inside strategy used by MADD during this time are the direct mail and telemarketing efforts to generate revenue while it spread word of its mission, hiring a firm to conduct nationwide surveys, and working closely with government officials. The single most important event that may have aided MADD and opened avenues of inside strategy is finding a patron in the President of the United States. As Jack Walker has made compellingly clear, a patron with wealth, power, or prestige provides a great advantage to an organization. In MADD’s case it found a patron with all three. Furthermore, an interesting and puzzling development in the history of MADD is that it chose Texas as the site of its national headquarters. Many organizations would have moved the national headquarters to Washington, D.C., New York City, or even Chicago, but MADD decided against moving it to one of the “power cities.” 18 This is unusual for most organizations. Even in the days of jets, it is a long trip from Texas to Washington, D.C. For whatever reasons there were behind the decision, it does not seem to have prevented MADD from accomplishing any of its goals. The third point is that MADD’s transformation from grassroots organization to a national organization might be an outcome of trends in American state development over the decades and the way in which the state and interest groups interact. This change in the state, if it is the case, might have created an environment more prone for organizations to experience transformations like that of MADD. This might not have been the case earlier in the century, but something might be different now and it might have begun in the 1980s. I suggest this based on the speed in which MADD transformed from a grassroots to mainstream organization. In the blink of an eye, it went from a grieving mother and supportive friends to an organization that was invited by the Supreme Court to file amicus briefs. It is quite unusual. What happened

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to create an environment in which MADD existed and excelled? Was it societal attitudes? Was it a changing state more open to interest group participation? Was it the sole actions of President Reagan? This necessitates further inquiry. The final point in this section supports the claim that MADD is no longer a grassroots movement, and this is based on its entrance into the world of policy research and development. Beginning with MADD contracting Gallup to conduct surveys on national attitudes toward drinking and driving, it is fair to assume that MADD had become a resource-rich organization. I will support that assumption with the simple statement—Gallup don’t come cheap. Unless the work was done pro-bono, it is very expensive to conduct a national survey of this magnitude. Furthermore, MADD’s annual review of states—assigning grades for curtailing drunk driving—and the subsequent annual publications are other examples that the organization has the resources and capacity to complete multiple annual projects on a major scale. This cannot be accomplished with a volunteer staff in a two-car garage over a weekend. It is not accomplished with the voluntary labor of its members. Having the capacity to create handbooks that provide instruction for judges, legislators, law enforcement officials, and MADD members on “how to” amend and implement stronger anti-DWI laws is another example of the organization’s substantial operating capacity. Just the fact that MADD produces multiple yearly bilingual publications is another indicator of its deep pockets. 19 And perhaps the biggest indicator that it is no longer a grassroots movement is its Public Policy Institute that trains state public policy liaisons on DUI issues and legislative “how-to” techniques. It is truly staggering to look at the body of work that the organization has accomplished since its founding in 1980. Furthermore, its relationship with the state is unusual and deserves further discussion. MADD’S HISTORY WITH THE STATE The typical relationship between an interest group and the state is more likely to be characterized by high and low levels of conflict rather than sustained harmony. It is a situation in which the organization, or special interest, is petitioning the state for change. The petitioning comes in various forms, but the sought-after outcome is always the same—influence. 20 The newer professionalized groups, like MADD, as opposed to older voluntary membership associations, like the Elks, use their resources to pay trained staff that range from office personnel to professional lobbyists and attorneys. The organization usually relies heavily on foundation funds, donations from friends, and dues from members. Typically, little else is expected from the rank-and-file membership except for payment of dues. As we have seen, older voluntary

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associations like the Elks are not as politically motivated as the newer professionalized groups and the older associations rely heavily on their members’ voluntary labor. Without the members, the older voluntary associations would not exist. This cannot be said for the new professionalized organizations. Although MADD is one of the newer organizations, it shows aspects that differ quite significantly with other professionalized organizations. For example, for the most part MADD’s relationship with the state is not filled with the same levels of conflict that other organizations typically experience. This is not to suggest that MADD always gets its way or that MADD personnel do not need to fight hard for the organization’s accomplishments, but it is a variation on the usual contentious relationship between the state and most forms of single-interest groups. A reason for this might be that early in its existence, MADD forged ties with federal bureaucracies that greatly aided its efforts against DUI. Ross found that a great deal of MADD’s effectiveness was due to its mutually beneficial alliance with the traffic safety establishment. He contends that: State and federal officials have found the movement [MADD] useful for demonstrating popular support for statutes and other measures proposed by the safety agencies, while the programs endorsed by the movement have been rendered rational and politically sophisticated in the process and the NHTSA has explicitly recognized the value of this constituency and has taken steps to enlarge and strengthen it. (Ross 1992, 177)

This is a perfect example of MADD and the state working together to further both their interests. It is more reminiscent of Theda Skocpol’s claims about the relationship between the state and the early voluntary membership associations of the 1800s, or more closely represents Iron Triangles rather than issue networks. The term Iron Triangles was used to explain the cozy relationship among special interests, the Congress, and the bureaucracy, in which a regulatory agency is often captured by the special interest it is regulating. 21 What makes this more interesting is that agencies with regulatory authority have sought out MADD as a partner in their efforts, so it is different from the perceived relationship in an iron triangle. Many scholars found the term inadequate and incorrect for describing these types of relationships. Issue networks is a more accurate term for what was actually occurring. 22 These are fluid networks made up of technical specialists, journalists, administrators, and political entrepreneurs. 23 Although much of the issue network definition can be applied to the MADD experience (especially the 1980’s network television show), the term does not quite fit. 24 It seems to me that MADD’s relationship with the state has transformed the organization from interest group into a quasi-bureaucracy and is more similar to an iron triangle than an issue network.

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In a pure financial sense, MADD has benefited from its relationship with the state. It has been the recipient of various federal grants to be used at its discretion. As late as the early 1990s, Ross found that the NHTSA nurtured anti-drunk driving movements in general and MADD specifically through small grants, sponsorship of national conferences, the provision of expertise in the preparation of programs, and other means. 25 Furthermore, President Reagan secured essential “start-up” funds for MADD. Reagan’s funding quite possibly guaranteed the longevity of the organization. Ross suggests that another reason for MADD’s role as a national power is the relationships it forged with the law enforcement community. He refers to Langton’s research revealing that law enforcement uses the same anti-drunk driving logic as MADD “to argue for additions to personnel and equipment; safety educators, trainers, and alcohol therapists.” 26 Some of the laws that MADD lobbied for include minimum drinking age raised to 21 in all 50 states, mandatory jail sentences and fines in certain states, automatic suspension of the driver’s license in some states, happy hour outlawed in certain states, and victims of drunk-driving crashes given the same rights as victims of other violent crimes. Essentially, MADD and the law enforcement community are fighting on the same side and both benefit from a good relationship. Furthermore, Ross contends that this support from law enforcement has drawn “a new class of entrepreneurs providing products such as server intervention training, breath-alcohol interlocks, and prevention programs” to MADD’s efforts. 27 The drunk-driving prevention entrepreneurs, although outside the state, are another source of support that is the result of MADD’s relationship with the state. The DUI entrepreneurs might be motivated primarily by financial gain, but their support nonetheless is behind MADD. In addition, Ross found that all of these groups—MADD, the traffic safety community, law enforcement, and DUI entrepreneurs—were well represented in the membership of the Presidential Commission on Drunk Driving (1983) and in its successor organization, the National Commission Against Drunk Driving. Clearly, in the early history of the MADD organization and continuing on into present time, the organization has forged a unique relationship with the state and various arms of the state—like law enforcement— that has aided it over the decades. The relationship between MADD and law enforcement (state and local) is not surprising considering that both approach the subject of drunk driving in the same way. From the very beginning, MADD defined drunk driving as a criminal justice issue and not a public health issue, which is not the stance of other organizations conducting research and working in the field of drunk driving. This is not to say that prevention is not a MADD goal, because it is part of their mission; however, treatment is not considered as an alternative to incarceration. Ross found that MADD’s “orientation was shifting from a position that involved a general interest in prevention to one exclusively

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centered on criminal justice.” 28 Furthermore, he claims that the organizational shift toward a strict criminal justice approach was coming from the national leadership and being relayed down to the local chapters. He cites an Ungerleider and Block survey of 212 MADD chapters nationwide that supports his claim. 29 This is not to say that local chapters were less interested in the criminal justice orientation for anti-drunk driving programs, rather it illustrates the power at the top of the organization and the control it exerts over the local chapters. Clearly, it is a top-down structure with the concentration of power and decision making in the national headquarters and not among the local chapters and its membership. MADD’S STRUCTURE: NATIONAL AND LOCAL On MADD’s web site, one is informed that “While MADD is a true “grassroots” organization with chapters organized throughout the United States, we are also a single, unified 501(c)(3) non-profit organization.” 30 In the research he conducted regarding local MADD chapters’ mortality rates, Frank Weed has described MADD as a federation of local chapters with a national entity that “provides direct technical and logistic support to its constituent groups.” 31 Furthermore, he contends that MADD is most similar to a franchise system. He explains the organization as follows: MADD is an organization with a federated structure similar to a franchise system, based on the following characteristics. First, a group of citizens must initiate contact with MADD about becoming a chapter; MADD’s central office does not send out organizers. Local founders may have their own ideas about the goals of an anti-drunk-driving organization and may simply want to use MADD’s name to promote particular issues. Second, the activists must recruit at least 20 members. Local chapters can collect membership dues as well as other funds so that they develop their own financial resources. Third, local chapters choose their own leaders. A MADD chapter normally has a president, first vice-president, second vice-president, treasurer, and secretary, each of whom is elected from the members and are not appointed by the central office. (Weed 1991, 855)

Weed found that the national MADD office sets out operational goals for the local chapters but leaves the local chapter with a significant amount of autonomy to decide the direction in which they pursue the goals. This contradicts the findings of others who found little autonomy at the local chapter level. 32 Weed contends that the national office mandates only three operational goals. These specific goals are found in the 1985 “organizing materials” and are explicitly presented as: 1) Public Awareness and Education; 2) Legal Advocacy; and 3) Victim Assistance. 33 Additionally, local chapters are free to add other program goals. He contends that the structure of MADD,

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although centrally organized, devolves much of the decision making to the local chapters. Based on his research Weed makes the following claims: Although MADD is incorporated as a single organization with a central office in Hurst, Texas, it does not exercise direct control over its local chapters. The central office organizes conferences and workshops, supplies brochures, bumper stickers, and other information to chapters, and tries to coordinate nationwide events like candlelight vigils, poster contests, specific campaigns around holidays, high school graduations, and National Victim Rights Week. (Weed 1991, 855)

As evidence to support his claims Weed provides the following example, “MADD chapters develop their own programs . . . within the general categories of public awareness and education, legal advocacy, and victim assistance.” 34 Moreover, he claims that local MADD chapters might be described as minimalist organizations. He explains that the concept of a minimalist organization is founded in the work of Halliday, Powell & Ganfors. 35 It requires “small initial costs, low maintenance cost operations, the development of supplemental organizational resources in the environment, and a high degree of adaptability,” all of which are found in MADD’s local chapters. 36 In the process of defining the necessary actions local chapter need to take to avoid organization mortality, Weed provides them with “day-to-day” operations to comply with in regard to their relationship with the national office. Weed identifies three operational necessities for all local chapters. First, local chapters need to avoid competition and controversy within the community in which they inhabit. They do this “by focusing on a narrow issue.” 37 For example, by avoiding issues of highway safety, like the sale of alcohol and advertising for alcohol near highways, the local MADD chapter avoids competition with organizations whose focus is this subject. 38 Additionally, local chapters are instructed to make explicit that they are not neoprohibitionist. This can help to avoid organized community opposition. Second, avoiding competition with other local organizations includes the development of external relations with other local organizations—not just competition avoidance—if they want to gain legitimacy. Furthermore, Weed includes the forging of links between other MADD chapters as an aspect of chapter survival. 39 Third, and perhaps the most difficult to overcome if missing, the local chapter needs to have a sympathetic social base within its community. An aspect of all MADD chapters is the cultivation of such a base through education and outreach, but if one does not exist the task is highly unlikely to be accomplished. Weed concludes that the findings of his study indicate “that without the prominence of a sympathetic social base even a well-managed MADD chapter is in danger of failure.” 40

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Countervailing evidence suggests that organizationally, MADD is a federated body with a national office in Texas. The bulk of research seems to indicate that it is a highly centralized organization that leaves few important decisions to its local chapters unlike a federated system. MADD grants official chapter status only after an organization has met specific requirements. The national office issues protocols to its local chapters. The policy and legislative work conducted by MADD occurs in its national office and by its paid staff. The rank and file membership is contained to a grassroots-level role in the operation. Even if Weed is correct in his analysis of a high level of autonomy among local chapters, his list of actions to be taken to avoid mortality have little to do with the national office and are solely steps to be taken by the local chapters. Rather than autonomous actions, these appear to be life-saving steps that the local chapters take on their own, without the aid of the national office. It seems that the threat of mortality is based more on neglect than anything else. The local chapters seem to suffer from headquarters’ neglect and need to overcome their disadvantage. Upon reviewing the structure of the organization, one is left wondering about the role of the local chapter membership especially since MADD relies on using an inside strategy to achieve its goals. There seems to be less need for the outside tactics of a traditional grassroots organization that were employed by local chapters in the early days of the organization’s life. Furthermore, it seems the national office does not rely on the dues of its members in local chapters. Weed sees this as a sign of autonomy, but it might be more a sign of MADD’s success at courting foundation, corporate, and state dollars to cover operating expenses and less need for membership dollars. If this is the case, and taken with the organizational changes that have occurred over time, it is fair to speculate whether MADD is indeed a membership organization. WHO ARE THE MEMBERS AND WHERE ARE THE CHAPTERS? Obviously the membership rolls of local MADD chapters are populated with citizens who have lost loved ones to the actions of drunk drivers. This group includes citizens who have been injured by drunk drivers and friends and family of citizens injured by drunk drivers. Concerned citizens who have not had direct contact with the actions of a drunk driver are members too. MADD membership is most likely comprised of individuals who have had direct contact with the actions of a drunk driver. Additionally, Weed found that local chapters tend to experience success in particular settings. He discovered that “the percentage of college educated serves as an indicator of the prominence of a status group in the community that tends to support the antidrunk-driving movement.” 41 Furthermore, he claims that an educated group

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present in the community does not serve only as “a supply of activists and members for MADD chapters . . . but the proportionate size of this group can also represent the prominence in the community of a middle class moral ideology dealing with individual responsibility and alcohol use.” 42 Perhaps this middle class moral ideology could be Brooks’ moderate drinkers who build social capital and are prone to volunteer and contribute. Interestingly, Weed found that a community’s “population size is positively related to failure after considering the operational pattern of the chapters and the prominence of the college-educated social base of supporters.” He reports that this finding is quite unexpected and needs corroboration from another study. However, he speculates that it might be easier for a MADD chapter to survive in a smaller community than in a larger one because the personal networks of the officers can have a greater impact on promoting their chapter. He bases this speculative statement on the work of Oliver and Marwell. 43 Furthermore, McCarthy et al. have found no significant relationship between drunk-driving fatalities in a county and the founding of antidrunk-driving organizations. 44 It might not depend on the number of MADD chapters or the number of DUI related deaths that matters. There might not be a threshold number that must be reached before action is taken. In small communities, the impact of one single DUI-related death may be enough to foster pro-MADD sentiments. One thing is clear; MADD’s meteoric rise from grassroots organization to a worldwide interest group is truly remarkable. NOTES 1. Laurence H. Ross, Confronting Drunk Driving: Social Policy for Saving Lives (New Haven and London: Yale University Press, 1992), 168. 2. www.MADD.org. Furthermore, in keeping with MADD’s conviction that alcohol related automobile incidents are not “accidents,” I refer to them as “crashes,” throughout this chapter. 3. Ibid. 4. Ibid. 5. For a thorough discussion of the Crime Control approach to criminal justice as compared to the Due Process approach, see David W. Neubauer, America’s Courts and the Criminal Justice System, Sixth Edition (NY: West/Wadsworth, An International Thomson Publishing Company, 1999). 6. John D. McCarthy and Mark Wolfson, “Resource Mobilization by Local Social Movement Organizations: Agency, Strategy, and Organization in the Movement Against Drinking and Driving,” American Sociological Review, vol. 61, no. 6, (December 1996), 1074. 7. Deborah Chrisfield, Update: Drinking and Driving (Parsippany, NJ: Crestwood House, 1995), 25. 8. McCarthy and Wolfson, “Resource Mobilization by Local Social Movement Organizations.” 9. Frank J. Weed, “Organizational Mortality in the Anti-Drunk-Driving Movement: Failure Among Local MADD Chapters,” Social Forces, 69(3):851–868 (March 1991), 854.

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10. Debra Harvey Swanson, “An Exploration of the Causes and Consequences of Professionalization: Anti-Drunken Driving Citizens’ Groups,” Ph.D. Dissertation, Department of Sociology (Washington, D.C.: The Catholic University of America, 1995). 11. For a discussion of inside and outside strategies see Jack L. Walker, Jr., Mobilizing Interest Groups in America: Patrons, Professions, and Social Movements (Ann Arbor: The University of Michigan Press, 1991), 9, 11–12; Jeffrey M. Berry, The New Liberalism: The Rising Power of Citizen Groups (Washington, D.C.: The Brookings Institution, 1999), 85–86. 12. Walker, Mobilizing Interest Groups in America, 9. 13. Berry, The New Liberalism, 30. He writes that this is a strategy employed by successful groups. 14. Ross, Confronting Drunk Driving, 175. 15. Craig Reinarman, “The Social Construction of an Alcohol Problem: The Case of Mothers Against Drunk Drivers and Social Control in the 1980s,” Theory and Society, vol. 17 (1988), 97. 16. Ibid., 97. Reinarman points out that among the early volunteers were “a few legislative aides who were interested in the issue and skilled at political work.” He identifies the executive director of the District Attorneys Association as a voluntary member. Even though there were some politically trained and politically connected volunteers, the point cannot be lost that in the early days it was the tireless work of Lightner, “her daughter’s life insurance settlement, and her own savings to get it off the ground.” 17. For a discussion see Walker, Mobilizing Interest Groups in America, 186. 18. David Horton Smith, “National Nonprofit, Voluntary Associations: Some Parameters,” Nonprofit and Voluntary Sector Quarterly, vol. 21, no. 1 (Spring 1992), 91. 19. According to SUNY Potsdam Professor David J. Hanson, the publications are available in Spanish: www2.potsdam.edu/hanson/DrivingIssues/1061321660.html. 20. See David B. Truman, The Governmental Process: Political Interests and Public Opinion (Westport, CT: Greenwood Press, 1951); Robert Dahl, Who Governs? Democracy and Power in an American City (New Haven: Yale University Press, 1961); E.E. Schattschneider, The Semisovereign People: A Realist’s View of Democracy in America (Hinsdale, IL: The Dryden Press, 1975). 21. Walker, Mobilizing Interest Groups in America, 124. 22. Hugh Heclo, “Issue Networks and the Executive Establishment,” ed. Anthony King, The New American Political System (Washington D.C.: American Enterprise Institute for Public Policy Research, 1978). 23. Walker, Mobilizing Interest Groups in America. 24. It seems that aspects of both Iron Triangles and Issue Networks help explain MADD’s success. Some have claimed that the “media’s fascination with Lightner and her organization led to a symbiosis that put floodlights on the issue,” Reinerman, The Social Construction of an Alcohol Problem, 99. See also James B. Jacobs, Drunk Driving: An American Dilemma, with a forward by Franklin E. Zimring (Chicago and London: University of Chicago Press, 1989), xv. 25. Ross, Confronting Drunk Driving, 175. 26. Phyllis Ann Langton, Drug Use and the Alcohol Dilemma (Boston: Allyn and Bacon, 1991), 174–175. 27. Ross, Confronting Drunk Driving, 178. 28. Ross, Confronting Drunk Driving, 177. 29. Steve Ungerleider and Steven A. Block, “Developing Grass Roots Support for Drinking Driving Countermeasures,” Journal of Traffic Safety Education, vol. 7 (April 1987), 21–22. 30. www.MADD.org. 31. Weed, “Organizational Mortality in the Anti-Drunk-Driving Movement,” 855. 32. McCarthy and Wolfson, “Resource Mobilization by Local Social Movement Organizations.” 33. Weed, “Organizational Mortality in the Anti-Drunk-Driving Movement,” 855. 34. Ibid. 35. Terence Halliday, Michael J. Powell, and Mark W. Granfors, “Minimalist Organizations: Vital Events in State Bar Associations, 1870–1930,” American Sociological Review 52 (1987), 456–71.

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36. Weed, “Organizational Mortality in the Anti-Drunk-Driving Movement,” 852. 37. Frank J. Weed, “Grass-Roots Activism and the Drunk Driving Issue,” Law and Policy 9 (1987), 259–278. 38. Weed, “Organizational Mortality in the Anti-Drunk-Driving Movement,” 855. 39. Ibid., 852. 40. Ibid., 865. 41. Weed, “Grass-Roots Activism and the Drunk Driving Issue,” 261. 42. Ibid. 43. Pamela E. Oliver and Gerald Marwell, “The Paradox of Group Size in Collective Action: A Theory of the Critical Mass, II,” American Sociological Review, vol. 53, no. 1 (February 1988), 1–8. 44. John D. McCarthy, Mark Wolfson, David P. Baker, and Elaine M. Mosakowski, “The Founding of Social Movement Organizations: Local Citizen’s Groups Opposing Drunk Driving,” p. 71–84 in Ecological Models of Organization, edited by Glenn R. Carroll (Cambridge: Ballinger, 1988); Weed, “Organizational Morality in the Anti-Drunk-Driving Movement,” 854.

Chapter Six

Interest Groups, Professional Advocacy Groups, and MADD

In this section I address the subject of modern professional advocacy groups, like MADD. I first focus on the broad question: What are interest groups? Then, more specifically, I detail the arrival of advocacy groups like MADD onto the American political scene. It is fair to say that compared to the older traditional associations like the Elks, advocacy groups are relative newcomers arriving in full force in the 1960s–1970s. 1 Whereas the older cross-class membership associations grew alongside the American state, these newer groups grew within the state during the later stages of state development. Then, I examine the newer groups’ strategies to influence policy and describe the benefits that members receive. Next, I propose that MADD is a hybrid citizens-advocacy interest group. Finally, I explore reasons for their apparent growth and success. IS EVERY GROUP AN INTEREST GROUP? The world of interest group literature is on in which little consensus exists on a single definition for the term interest group. Many interest group scholars use interest group as an umbrella term to cover all sorts of group organization. This includes advocacy groups, citizen groups, interest groups, rights groups, professional groups, organized interests, corporations, think tanks, and pressure groups, to name only a few. Some even include voluntary membership associations like the Elks under the umbrella of interest groups. 2

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A good example of the general use of the term interest group is in Schlozman and Tierney’s seminal work, Organized Interests and American Democracy. The 200 organizations they sampled represented corporations, trade associations, unions, civil rights groups, public interest groups, “and so on.” 3 The litany of groups in this list varies greatly in membership composition and resources and in many other aspects, too. Furthermore, the “and so on” is a revealing statement that could be mistaken as a throw-away line, but I think it illustrates the difficulty of defining groups that we generally refer to as interest groups. To further illustrate this point we move forward in time to Baumgartner and Leech’s book, Basic Interests. They write, “We use the term interest group quite broadly. When we refer to ‘interest groups,’ ‘groups,’ or ‘organized interests,’ we mean not only membership organizations but also advocacy organizations that do not accept members, businesses, and any other organization or institutions that makes policy-related appeals to the government.” 4 Although Baumgartner and Leech specify “making policy-related appeals to government” as a guiding principle in the definition of interest groups, they too cast a wide net. Elisabeth R. Gerber defines interest groups as “any organization that pursues its collective goals through the political process” . . . “has some degree of formal organizational structure” . . . “a collective goal or goals” . . . and “all interest groups seek to promote their interests through the political process.” 5 Grossman and Helpman concur; they claim special interest groups “devote resources to political activity.” 6 Jack Walker, regarded as the father of interest group research, worked ceaselessly to clarify definitions of interest groups and group organizations. Not satisfied with a general term, he set out to identify the nuances among and between group organizations that set them apart. One of his findings is that groups employ different approaches in their efforts to impact policy— outside strategies or inside strategies—even though they share many similarities in their origins, operations, and goals. 7 I too find the inside/outside strategies differentiation to be a useful tool in categorizing organized interests into manageable units of analysis. Furthermore, Walker found that advocacy groups, interest groups, citizen groups, rights groups, professional groups, and all types of organized interest, albeit different types of collective organization, are concerned primarily with helping their members, as he put it, “get favorable tax rulings, amendments to administrative regulations, grants for development of new products, or contracts to supply goods to federal agencies” and to make “fundamental changes in the country’s public policy.” 8 This is similar to Baumgartner and Leech’s understanding of interest groups. Although Walker’s working definition of interest groups was broad, he led the way in teasing out the subtleties that differentiate organized groups and allow for identifiable subsets within the broader interest group term.

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This being said, there are three points I will make based on the body of interest group literature. First, it seems that by and large it is fair to conceptualize organized groups as part of a monolithic interest group structure. By this I do not mean that they work together. Rather, and quite the opposite, I mean that although there are nuances in their respective approaches or their means in influencing policy and gaining favorable outcomes for their respective members, they share a common purpose and ends—influencing public policy. The second point is that the groups that make up the interest group world are different from traditional voluntary membership associations like the Elks, in a fundamental way. Influencing public policy is not the reason the traditional membership associations formed, and it is not what motivates them on a day-to-day basis. Their interests lie somewhere else—somewhere between their respective members and their members’ local communities. Third, while exploring the interest group literature, my early efforts to identify Mothers Against Drunk Driving (MADD) as an advocacy group fell short. In my quest to clarify what type of group organization best characterizes MADD, I have discovered that it shares attributes of both an advocacy group and a citizen group—not having enough traits to definitively be one or the other. Therefore, I have situated MADD within the interest group monolith. In this book, I explain the differences between voluntary cross-class membership associations like the Elks and interest groups, specifically citizens groups and advocacy groups that are similar to MADD. ADVOCACY GROUPS IN AMERICA In many respects, interest groups have been present since early nationhood. Jack Walker wrote that “Interest groups have been a part of American life from the country’s origins, but the modern system began to take shape only in the late nineteenth century, during the golden age of party movements.” 9 Even prior to statehood the Founders were concerned with the mischief of factions. Schlozman and Tierney remind us of the imbued distrust of organized private power in politics that courses through American political commentary. Madison’s observations in The Federalist, No. 10 are a constant reminder that in a free society there will be conflict among competing interests and the potential for mischief is great. He was the first to observe this, but not the last. Although forms of organized interests date back to pre-statehood days, the real explosion in the number and activity of these groups occurred in the 1960s. As Jack Walker has pointed out, “The 1960s brought about dramatic changes in the nature of American politics, especially how interests are organized for political action.” 10 Walker believed the explosion of interest groups was a consequence of the growth of the federal government and that “highly

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organized and effective political activities required institutional and, particularly, governmental patrons.” 11 It seems that as the welfare state grew it created more opportunities for interest group growth. This is supported by the findings of Jeffrey Berry. He shows that as a proportion of all groups participating in Washington D.C., these groups increased from 23.5 percent in 1963 to 31.8 percent in 1991. Furthermore, Berry found that as of late, “citizen groups are overrepresented in the legislative process.” 12 He found that by 1991 “citizen groups constituted less than the 7 percent of all Washington representation that was found in 1981” . . . “by the early 1990s, this relatively small proportion of organizations lobbying Washington provided roughly one-third of all congressional testimony from interest groups.” 13 Recall who is represented by such interests, and it is not difficult to understand the impact interest groups are having on a participatory democracy and the issues and policies that get the attention of the state. Who Do They Serve? According to John Judas, these groups usually serve white, affluent, educated Americans. Although organized interest began as political or social outsiders in the mid-1950, he claims that the interests now served are established and not marginalized. We do not need to rely on one scholar to help us answer this question, nor should we rely on the claims and evidence of one. Luckily, this is one of the questions Schlozman and Tierney set out to answer during the 1980s. Who, they asked, is represented by the new groups and their strategies to influence policy outcomes in Washington, D.C.? Schlozman and Tierney found that the interests of middle and uppermiddle classes are served most by organized interests. 14 They found this to be the case with public interest groups too, so it is not limited to private interest groups. More recent scholarship has confirmed the findings of Schlozman and Tierney. Theda Skocpol theorizes that organized interests have created an “upward-tilted public policymaking that skews national politics and public policy making toward the values and interests of the privileged.” 15 She identifies Jeffery Berry as providing some of the best evidence of this claim. Berry found that “the segment of the American population that are most effectively represented by these groups hold values that are sometimes at odds with the interests of those further down the economic ladder.” 16 Simply put, the poor and even middle class are not as effectively represented as the wealthy in the world of organized interests. Furthermore, Berry claims that the less-educated and poor-to-middle classes have lost political clout due largely to the transformation in group organizing. One of Berry’s caveats is that most interest groups do not represent a cross-section of America. It is not just advocacy groups that are unrepresentative of the middle and lower economic classes. I am not certain that many citizens will find solace in Berry’s

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observation, but in all fairness to him he provides a nuanced analysis of interest groups. In some of his earlier work on interest groups, he found: For all their faults, however, interest groups link citizens to government. They empower people by organizing those citizens with similar interests and expressing those interests to policymakers. In this regard, the growth of citizen groups reflects an expansion of organizing around interests that have too often received little attention in Washington. 17 (Berry 1999, 15)

So, although organized interests tend to disproportionately represent the wealthy and highly educated, he claims that at least some issues that once received no attention at the national level are now receiving attention by policymakers. This is a point where Skocpol and Berry part ways. Skocpol claims there is little solace in Berry’s observation and refers to it as a downside in the American reorganized civic life. She understands it to be a new wave of privileged and well-educated citizens reshaping civil and political life. How Are Group Members Served? Again I refer to the research of Walker (1991) and Berry (1989, 1999). There are two significant ways in which members are served by the organized interest. First, in a very straightforward sense members are served by receiving benefits. These groups offer purposive benefits, which are “associated with pursuit of ideological or issue-oriented goals that offer no tangible rewards to members.” 18 Conversely, solidary benefits derive from “satisfaction gained through friendship and fraternity among individuals involved in a joint enterprise.” 19 Members generally derive some sort of satisfaction or gratification from purposive and solidary benefits. The two forms of benefits although somewhat opposite in nature are not mutually exclusive. Yes, some groups only provide one or the other, but many provide both forms of benefits to their members. Second, organized groups set out first and foremost to influence policy in the best interest of their members. Furthermore, many groups are not satisfied with only influencing policy. Some groups look to create or do away with public policies, depending on if it will benefit its members. Walker explained that “beyond these daily efforts to make the huge federal establishment work to the advantage of their members, however, some groups go further by endeavoring to make fundamental changes in the country’s public policy.” 20 He acknowledges that these organized interests are important for political representation, social mobilization, and bringing issues to the national political agenda. 21 The more successful they are in the realm of public policy, the better they serve their members.

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Walker identified a different approach organized interests employ to influence policy and the different mixes of benefits and inducements to get members to join (purposive and solidary). 22 We will discuss the different approaches implemented to impact public policy. In Mobilizing Interest Groups in America, Walker and King identify and explain the two most commonly-used strategies interest groups use in their efforts to impact public policy. They write, Early in the history of most interest groups, leaders settle upon an organizational and financial strategy that includes methods to maintain the loyalty of the membership and to attract the sympathy and support of important patrons. Some groups adopt an “inside” strategy based primarily upon close consultation with political and administrative leaders, relying mainly upon their financial resources, substantive expertise, and concentration within certain congressional constituencies as a basis for influence. Other groups become dedicated mainly to “outside” strategies based upon appeals to the public through the mass media and efforts at the broad-scale mobilization of citizens at the “grass-roots.” (Walker and King 1991, 57)

Additionally, Walker provided three principal modes of mobilization available to political entrepreneurs. The first and most common mode is a straightforward mobilization of a group of people with shared interests— economic or professional—who are looking to influence government in a way that protects or promotes the group’s interest. 23 The second mode is the mobilization that comes from social movements and is predominantly made up from the educated middle class. 24 Third, and as Walker explained “the least well understood” is poor peoples’ movements and the aged, or those with disabilities, and even children’s movements that are made up of vulnerable populations. 25 Walker provided wonderful insight into the formation and maintenance of interest groups. He furthers our understanding of how organized interests develop and choose the organizational structure and approaches to representing themselves. He too finds that some groups possess virtually no voice in the system. Many scholars have described the success organized interests have had in the realm of public policy and decision making in Washington, D.C. Based on their findings, it might be easy to conclude that the game is rigged and the wealthy and already influential galvanize more influence via organized interests. However, in an interesting study, Heinz et al present findings that may illustrate a slight leveling of the playing field of organized interests. They conclude that “from the perspective of the groups, the contemporary system of interest representation presents a central paradox: despite historically unparallel levels of investment in attempts to shape national policy, the return on that investment is highly uncertain and often intangible.” 26 Furthermore, they contend that “private interests have developed elaborate organizational

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structures in order to provide control over the processes through which they are represented, but the irony is that these efforts at control exacerbate problems of coordination and information exchange and may ultimately contribute to greater levels of uncertainty in policy systems generally.” 27 In short, despite all the reported success—fact or fiction—it can work against the privileged in unforeseen ways. MADD: A CITIZENS-ADVOCACY GROUP Over the course of this research project I have found that advocacy groups and citizen groups share many similarities, as do most organized groups that fall within the rubric of interest groups. Originally, I had categorized MADD as an advocacy group—speaking for the victims and the families of drunkdriving crashes. After further research it seems that MADD is more appropriately defined as an advocacy/citizen group. Although the term “advocacy group” could have been replaced with “citizen group” in much of the previous section, there are important differences between the two. Although citizen groups have members, like most interest groups their members are often marginal from the daily operations of the group. Members participate “only by contributing small amounts of money or, on rare occasions, by contacting a legislator at the group’s request.” 28 Additionally, and dissimilar to the development of interest groups that were based on occupational and professional groupings, the new citizen groups are based on ideology more than professional interests. 29 The citizen groups are definitely political organisms. This is not to say that professional groups do not seek out policies that favor their membership. Rather, for interest groups in general it is one of many goals, unlike the citizen groups that have only one set of goals. WHY THE APPARENT SUCCESS OF ADVOCACY AND CITIZEN GROUPS? There are several reasons why newer forms of organized interests like advocacy and citizen groups have proliferated over the last 30 years. First, historically they have depended on an information strategy in their legislative lobbying. They believe that if they can get the “facts” out to the public, general opinion will swing their way. Second, they have “allocated their resources to emphasize research and the dissemination of information.” 30 Although there is no face-to-face meeting, Berry contends that membership in national citizen groups has “engaged their members in the political process in a meaningful way,” but he admits that this type of membership generates little social capital compared to associations. 31 In short, strategic public relations and

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research seem to be the driving force behind the popularity and success of the newer forms of interest groups. SUMMARY There are three concluding points to be made. First, the term interest group is a general term for many types of collective action. Most interest group literature covers a wide range of organized interests with the term interest group. Since many of the groups falling under the umbrella of interest groups are intent on influencing policy and gaining favorable outcomes for their members, it is not a disservice to generalize. Furthermore, most of these groups are headquartered in the nation’s capital and hire professional, paid staff. Moreover, many of the groups’ members have little face-to-face contact with one and other. It seems that this is acceptable to many who consider involvement in interest groups to be a good way to have a voice in Washington. In short, most organized interests that fall under the umbrella term interest group share more similarities than dissimilarities. That being said, it is also important to recognize that among the many subsets of interest groups, there are groups that differ only in nuance and groups that differ greatly. This leads me to the second concluding point—the claim that cross-class membership associations like the Elks do not fit under the interest group umbrella. These associations are not concerned primarily with changing existing policy or creating new policy. Rather, they are interested in civic and social engagement among their members occurring through routine face-toface meeting. This is not to say that they do not pressure legislators or participate in the realm of public policy. Associations like the Elks are known for their “patriotic” sense of citizenship and this often leads to political action, but it is not their primary function. Cross-class membership associations build social capital, which in turn leads to civic engagement which is a precursor to political engagement. The goal of the associations is antithetical to that of interest groups. Third, both advocacy groups and citizen groups fall under the umbrella of interest groups. The two share many similarities and at times seem interchangeable in the interest group literature. A hybrid citizen-advocacy group is a useful term for groups like MADD. Citizen-advocacy groups are dissimilar to cross-class membership associations, and for various reasons Americans are choosing to support these newer groups over the traditional associations. The changing patterns in the ways in which Americans associate and what this means for American democracy will be the subject of inquiry in the following chapters.

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NOTES 1. Jeffrey M. Berry, The Interest Group Society (New York: Longman Press, 1997); Kay Lehman Schlozman and John T. Tierney, Organized Interests in American Democracy (New York: Harper and Row, 1986); Walker, Mobilizing Interest Groups in America. 2. Walker, Mobilizing Interest Groups in America. 3. Schlozman and Tierny, Organized Interest in American Democracy. 4. Frank Baumgartner and Beth L. Leech, Basic Interests: The Importance of Groups in Politics and in Political Science (Princeton, NJ: The Princeton University Press, 1998), xxii. 5. Elisabeth R. Gerber, The Populist Paradox: Interest Group Influence and the Promise of Direct Legislation (Princeton, NJ: Princeton University Press, 1999), 11. 6. Gene M. Grossman and Elhanan Helpman, Special Interest Politics (Cambridge, MA: The MIT Press, 2001), 2. 7. Walker, Mobilizing Interest Groups in America, 1. 8. Ibid. 9. Ibid., 27. 10. Ibid., 35. 11. Ibid., ix. 12. Jeffrey M. Berry, “The Rise of Citizen Groups,” eds. Theda Skocpol and Morris P. Fiorina, Civic Engagement in American Democracy (Washington, D.C.: Brookings Institute Press and NY: Russell Sage Foundation, 1999). 13. Ibid. 14. Schlozman and Tierney, Organized Interest in American Democracy, 33. 15. Skocpol, Diminishing Democracy, 236. 16. Berry, “The Rise of Citizen Groups,” 370. 17. Jeffrey M. Berry, The New Liberalism: The Rising Power of Citizen Groups. 18. Ibid., 47. 19. Ibid., 74. 20. Walker, Mobilizing Interest Groups in America, 1. 21. Ibid. 22. David C. King and Jack L. Walker, Jr., “An Ecology of Interest Groups in America,” in Jack L. Walker, Jr., Mobilizing Interest Groups in America: Patrons, Professions, and Social Movements (Ann Arbor: The University of Michigan Press, 1991), 57. 23. Walker, Mobilizing Interest Groups in America, 12. 24. Ibid. 25. Ibid., 13. 26. John P. Heinz et al., The Hollow Core: Private Interests in National Policy Making (Cambridge: Harvard University Press, 1997), 5. 27. Ibid., 5. 28. Thomas L. Gais and Jack L. Walker, “Pathways to Influence in American Politics,” in Jack L. Walker, Jr., Mobilizing Interest Groups in America: Patrons, Professions, and Social Movements (Ann Arbor: The University of Michigan Press, 1991), 106. 29. Ibid.; Berry, The New Liberalism. 30. Berry, “The Rise of Citizen Groups,” 377. 31. Ibid., 389.

Part III

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Chapter Seven

MADD on the Rise Leveraging State Action to Enact DUI Policy

The modern history of American DUI legislation begins in 1980, during the Thanksgiving holiday. Its history cannot be told without discussing MADD and its efforts to enforce current DUI laws and to develop and implement more effective policies. In this chapter, we review empirical research on the people who drink and drive. Then, I discuss the development of modern DUI laws. This is followed by a section describing MADD’s leveraging of the state to achieve policy successes. Last, I suggest there is a need for research that investigates the relationship between alcohol consumption and the creation and maintenance of social capital within civic associations. THE DRINKERS WHO DRIVE In the literature on drunk driving, the abbreviation DUI is generally interchangeable with DWI, DWIA (Driving While Intoxicated by Alcohol), or DUIL (Driving Under the Influence of Liquor). Roebuck and Murty use DUI generically and I have done the same throughout this chapter. MADD’s mission is to prevent drinking and driving. The organization is focused on stopping the driver from drinking and if caught driving while legally drunk, the organization is adamant and clear that its position is that the offender is to be prosecuted to the fullest extent of the law. 1 It is important, therefore, to identify the drunk driver and to weigh the impact of the DUI laws on the driving habits of the drunk driver. According to Roebuck and Murty, the drinking habits of most Americans are unlikely to lead to driving drunk. They cite statistics from two govern83

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mental sources (U.S. Department of Health and Human Services, 1993:1–30; and, U.S. Department of Transportation, 1992:24–36, 1993:1–6) when they write that “approximately 79 percent of the population has drinking habits that preclude the probability of their driving under the influence of alcohol on a regular basis.” 2 They suggest it is more likely that citizens either do not drive after drinking or they drink within the particular state’s legal BAC limits. Still other drivers, they surmise, who are beyond the state BAC limits might try to drive very carefully after drinking, and are fortunate if they are not stopped while driving drunk. In addition to the 79 percent whose drinking habits preclude their chances of driving drunk; Roebuck and Murty cite from the reports that another “15 percent of all drivers are heavy social drinkers who may be on the road at times with illegal BACs.” Additionally, it is contended in the reports that “about 10 percent of all drivers are problem drinkers who may frequently be on the road with illegal BACs.” 3 Jacobs claimed that the heaviest drinking tenth of the population consumes half of the alcoholic beverages sold. 4 This does not mean that they drive drunk, but it does provide context to the discussion. Based on the study’s findings, the inference can be made that enforcement of DUI is unlikely to prevent society’s heaviest drinkers from driving under the influence. Conversely, it may be inferred that the enforcement of DUI deters the moderate drinkers from drinking at all since they seem to be more responsible when it comes to decisions about drinking and driving. Further research on DUI reveals a staggering amount of evidence that no matter what the consequences, there will be a portion of the population that engages in drunk driving. Ross writes, “Even well-conceived and well-implemented legal threats may leave some populations relatively unaffected, and these resistant populations are likely to be the most dangerous ones.” 5 He cites the early work of Zimring and Hawkins who found that “many drunk drivers are members of social categories that theory predicts are especially difficult to deter.” 6 It seems that subgroup societal pressures contribute most of all to the drunk-driving practices of many individuals. For example, Ross found that “the conditions of lower-class life in industrial societies seem to lead to preferences for risk over safety and for immediate as against deferred gratification” in which the consequence of arrest for DUI are not a deterrent. 7 He found that a sense of power is derived from the drinking; and among a group with low self-esteem the attraction might be too much for laws to impact. The pay-off so to speak for the drinking offers several benefits. He cites the work of Snortum, Kremer, and Berger, 1987: 342, who identified “increased sociability, interpersonal skills, social assertion, feelings of power, arousal, and tension reduction” as among the benefits of drinking. 8 Based on the DUI research data, I think it is fair to ask the questions: Has stricter enforcement of DUI laws inadvertently reduced the number of Elks?

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Or, has the perception of strict enforcement of DUI laws inadvertently reduced the number of Elks? It seems that MADD has succeeded in shaping national and state DUI policy, and one of the outcomes may be that moderate drinkers who fear being arrested are not putting themselves in a position to drink and drive. Furthermore, this group of moderate drinkers who do not drink and drive could be a population that is civic-minded and adept at building social capital and, consequently, has been most impacted by the successful efforts of MADD. Rather than going to the lodge were they might partake in one or two alcoholic beverages, Elks may be staying home and drinking alone. MODERN DRUNK DRIVING LAWS In The Southern Subculture of Drinking and Driving, authors Julian B. Roebuck and Komanduri S. Murty write that drunk driving “is defined as irresponsible, antisocial, and illegal behavior by the general public and the law.” 9 The letter of the law is more specific than the social constructs of drunk driving provided by Roebuck and Murty. The authors explain that DUI: …encompasses either one or both of two components: (1) driving a motor vehicle while intoxicated as determined by a police officer’s field test for intoxication, and / or, a BAC level at or beyond limits set by state law (usually 0.08%–0.1%); and, (2) the commission of a traffic law violation (generally a strict liability offense) while intoxicated. (Roebuck and Murty 1996, 3)

Although the strict enforcement of DUI laws did not occur until Thanksgiving of 1980, there have been drunk-driving laws on the books since the early 1900s. New York and California adopted laws prohibiting impaired driving before 1920. 10 Considering the relatively small number of vehicles on the road at that time, it showed quite a bit of foresight on behalf of lawmakers. Gusfield reports that “laws against drinking and driving began to appear in American society almost as soon as the automobile itself began to appear on American roads and streets.” 11 Furthermore, prior to the 1980 DUI crackdown there was public and governmental concern over drinking and driving and the danger it posed on the American roads. For example, Roebuck and Murty point out that: The Highway Safety Act of 1966 mobilized public attention on, and provided resources for, combating drunken driving by federalizing the issue through the National Highway Safety Bureau [the forerunner of the National Highway Traffic Safety Administration (NHTSA)]; and, by authorizing and publishing the U.S. Department of Transportation’s crucial 1968 report, Alcohol and Highway Safety. (Roebuck and Murty 1996, 5) 12

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This report underlined the necessity for counter measures to the drunkendriving problem in the United States as early as the mid-1960s. This being said, law enforcement of drunk driving, motivated by societal mores, did not strictly and uniformly target drunk driving as a criminal offense until the 1980s. It was often left to the discretion of local law enforcement officers. As a matter of fact, in 1970 the NHTSA began the Alcohol Safety Action Program (ASAP). According to Jacobs, it was the first federal initiative against drunk driving and was terminated in 1977 because a significant reduction in drunk driving could not be confirmed. 13 Marshall points out that prior to the 1966 Act, traffic safety efforts in the United States were not coordinated at the local, state, or national levels. He identifies the passage of the 1966 Highway Safety Act, a comprehensive, coordinated highway traffic safety program that evolved over time, as the beginning of a somewhat coordinated effort. 14 Presidential Commission on Drunk Driving In 1982, two years after MADD’s founding of its first chapter, President Ronald Reagan appointed his Presidential Commission on Drunk Driving. MADD was one of the President’s invited participants. Marshall writes: The Commission was chaired by the Honorable John Volpe of Massachusetts and was given one year to prepare and submit to the President a report designed to recommend actions to alleviate the drunk driving problem in the United States . . . In addition to these two major developments, most states have enacted new laws or amended existing laws in an attempt to reduce the drinking/driving problem. Much of this legislation has come about due to increased citizen support for stronger laws under the leadership of numerous citizen activist organizations such as MADD. (Marshall 1985, 17)

The pervasiveness of MADD’s influence from its origin led Ross specifically to credit MADD with the nationwide crackdown on DUI in the 1980s. He claims that thanks to the efforts of MADD, the pressure to jail drunk drivers intensified in that decade based on a rising consciousness of the problem and its categorization as a serious crime. Furthermore, he claims that “both the executive and legislative branches of government, strongly affected by the victims’ movement, supported widespread increases in severity of prescribed criminal penalties.” 15 President Reagan’s commission is a perfect example of the influence MADD had gained and the level of support provided to the organization by the President. Despite MADD’s success, it seems that most of the studies focused on controlling drunk driving have shown that the crackdown provided little long-term value. Roebuck and Murty, citing several decades of studies, conclude that “to date, drunk driving control strategies from within and without

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the criminal justice system have proved of meager long-term value.” 16 They refer to research conducted in the last three decades—Zimring 1978, 1982; Jacobs 1989; Moskowitz 1989; Nichols 1990; Morse and Elliot 1990, 1992; and Elliot and Morse 1993—to support their conclusion. McCarthy and Wolfson, on the other hand, support the findings and assertions of Ross. They contend that because of MADD’s efforts, there have been some longterm results. They claim MADD’s: . . . mediated messages have commanded our attention; many of us now worry more about who will drive home after an evening of imbibing. And few parents of adolescents are likely to avoid occasional discussions with them about how they will get home from the party. (McCarthy and Wolfson 1996, 1071)

Therefore, it is still a subject of debate whether drunk-driving-controls have been successful. Regardless, MADD has experienced success in shaping the driving-drunk conversation, shaping legislation and policy, and shaping the current social construct of “drinking and driving” and “the drunk driver.” MADD POLICY SUCCESSES DUI laws were on the books in New York and California as early as 1919 but for all intents and purposes they were not strictly enforced until the early 1980s, when DUI was criminalized. 17 During the 1960s and 1970s additional DUI laws were passed and some people were stopped for driving while intoxicated, but much discretion was left to the individual police officer, resulting in many drunk drivers not being arrested. At the time, drinking and driving was not considered an important offense by law enforcement and the general public. An example of its low priority among law enforcement is that as late as 1989, the FBI did not collect and report DUI arrests in its Uniform Crime Report—the gold standard of crime reports. Without strict law enforcement and public support, many Americans felt comfortable having “one for the road.” In the early 1980s, there was a flurry of new drunk-driving legislation, much of which is linked to the efforts of MADD. Examples that signified this political shift regarding drinking and driving are the 1982 passage of the Howard-Barnes Bill, which was signed into law by President Reagan and gave funds to states for anti-drunk driving efforts; the creation of the Presidential Commission on Drunk Driving in that same year; and President Reagan’s signing of the “Federal 21 Minimum Drinking Age Law” in 1984. It also was during this time that MADD was asked to deliver its first of two amicus briefs to the U.S. Supreme Court. The contributions of MADD in the crafting and implementation of antidrunk driving legislation are well-known and documented. Its ability to ac-

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cess the state is quite clear too. This was a remarkable achievement for a nascent organized interest, especially considering MADD’s modest beginnings as a grassroots movement in California. Perhaps it is even more important to recognize that MADD’s policy achievements were realized in the face of powerful corporate opposition. The American alcohol industry, hospitality industry, and even the automobile industry fought most of the new DUI policies. 18 These special interests used their vast war chests and access to governmental officials to lobby against passage of much of the new antidrunk driving legislation. This formidable opposition to the efforts of MADD makes the organization’s level of success in leveraging state action all the more remarkable. Framing the Issue As citizens living in the first decade of the 21st century, it might be difficult to recall a time when drinking and driving was an acceptable behavior—even a rite of passage. Consider though the statement made as late as 1983 by the National High Way Traffic Safety Administration (NHWTSA) and the AD Council when they acknowledged that American society held a “permissive attitude toward drinking and driving and had recently begun to shift, but that many Americans were still unaware of the magnitude of the problem.” 19 The statement indicates that many Americans thought drinking and driving was acceptable behavior, and they had not linked it to the growing numbers of traffic fatalities caused by legally intoxicated drivers. Some Americans considered drunk driving crashes to be “accidental” and not meriting a criminal offense. It was largely the effort of MADD, targeting network television and news media to publicize and educate the American public on the dangers of drunk driving, that was the catalyst of change from permissiveness to actively concerned attitudes. MADD, working with the AD Council and NHWTS, created public service commercials that aired on network television to frame the issue of drinking and driving. The criminal justice scholar and long-time DUI policy researcher James Jacobs, referring to the anti-drunk driving movement in general, writes “just as rates of street crime moderated in the United States, grassroots concern with the death toll from alcohol-related accidents increased and became a persistent presence in the media, in state and local legislative bodies, and in schools and other community institutions.” 20 By framing the issue as anti-social and immoral as well as creating the constructs of the drunk driver as violent criminal and the commercial and homeowner providers of alcohol as irresponsible, MADD succeeded in shaping the new public opinion on drinking and driving. 21 This was a crucial component of their efforts to leverage state action—changing public opinion. By the close of the 1980s MADD had experienced great success in framing

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the drunk-driving issue, and by 1990 social scientific research emerged with evidence that MADD was having an impact on rates of drunk-driving crashes. In a particularly noteworthy study, Patrick McCarthy and James Zilizk concluded that MADD does have a deterrent effect upon the incidence of alcohol-related accidents. 22 Thus, it can be inferred that the drinking and driving attitudes held by many Americans, and perhaps their drinking and driving habits, had changed within the decade of the 1980s. ALCOHOL AND SOCIAL CAPITAL RESEARCH Recent research concerned with alcohol and its impact on social capital has focused on heavy alcohol consumption and concludes that this type of drinking diminishes trust and social capital, and conversely, social capital promotes a reduction in alcohol consumption. 23 These findings suggest that alcohol consumption and social capital have an inverse relationship. While binge drinking and excessive consumption decrease social capital, it is important to recognize that most people drink socially and in moderation. 24 Moderate drinking behavior is not addressed in the recent scholarship. In keeping with our contemporary society’s desire to eliminate detrimental behaviors like drinking, smoking, and overeating, all of which have real public health consequences, we have forgotten the importance of moderate alcohol consumption as a social lubricant. The all-too-familiar consequences of alcohol abuse, tobacco use, and the consumption of trans-fats have overshadowed the positive experience of having a few drinks with friends. There is a need for research that investigates the potential relationship between alcohol consumption and the creation and maintenance of social capital, and alcohol consumption and civic engagement. 25 Investigation into the possible relationship among the three variables is needed too. This study and its findings, particularly through the interview responses in Chapters 3 and 8, cracks open the door to a possible treasure trove of other public policies that have had unforeseen impact on some forms of civic engagement and social capital and could provide insight into changing patterns of associational life. NOTES 1. www.MADD.org. 2. Roebuck and Murty, The Southern Subculture of Drinking and Driving, 7. 3. Ibid. 4. Jacobs, Drunk Driving, xiii. 5. Ross, Confronting Drunk Driving, 76. 6. Franklin E. Zimring and Gordon J. Hawkins, Deterrence: The Legal Threat in Crime Control, with a forward by James Vorenberg (Chicago: University of Chicago Press, 1973). 7. Ross, Confronting Drunk Driving, 74.

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8. Ibid., 78 9. Roebuck and Murty, The Southern Subculture of Drinking and Driving, 3. 10. H. Laurence Ross, “The Law and Drunk Driving,” Law and Society Review 26 (1992), 219. 11. Gusfield, forward to Confronting Drunk Driving, ix. 12. This is echoed by Jacobs, Drunk Driving, xiv. 13. Ibid., xiv–xv. He cites the work of Zador 1976; Levy et al. 1978; Nichols et al. 1978; and Voas 1981. 14. Robert L. Marshall, “Alcohol and Highway Traffic Safety Efforts in the United States,” ed. Stephen K. Valle, Drunk Driving: Strategies and Approaches to Treatment (New York and London: The Haworth Press, 1985), 5. 15. Ross, Confronting Drunk Driving, 57. 16. Roebuck and Murty, The Southern Subculture of Drinking and Driving. 17. Jacobs, Drunk Driving; Joseph Gusfield, The Culture of Public Problems: DrinkingDriving and the Symbolic Order (Chicago: University of Chicago Press, 1981). 18. Jacobs, Drunk Driving. 19. Ad Council: Drunk Driving Prevention (1983–present), www.adcouncil.org 20. Franklin E. Zimring, forward to Drunk Driving: An American Dilemma, by James B. Jacobs (Chicago and London: University of Chicago Press, 1989), xvii. 21. See Gusfield, The Culture of Public Problems. 22. Patrick S. McCarthy and James Ziliak, “The Effects of MADD on Drinking-Driving Activities: An Empirical Study,” Applied Economics 22 (1990), 1215; Daniel Eisenberg, “Evaluating the Effectiveness of Policies Related to Drunk Driving,” Journal of Policy Analysis and Management 22, 2 (Spring 2003). On page 261 of “Evaluating the Effectiveness of Policies Related to Drunk Driving,” Eisenberg concludes that MADD is not associated with reductions in fatal crashes. 23. For a recent study on alcohol consumption reducing trust and social capital among males, see M. Lindstrom, Alcohol and Alcoholism 40(6) (2005 Nov–Dec): 556–62, Epub (8 Aug 2005). For a recent study on social capital reducing the likelihood of heavy alcohol consumption and alcohol abuse, see Weitzman and Chen, “Risk Modifying Effect of Social Capital on Measures of Heavy Alcohol Consumption, Alcohol Abuse, Harms, and Secondhand Effects: National Survey Findings” Journal of Epidemiology and Community Health, 59 (2005), 303–309. 24. For discussion on Americans’ drinking habits, see Jacobs, Drunk Driving, Aaron and Musto, “Temperance and Prohibition in America,” and Roebuck and Murty, The Southern Subculture of Drinking and Driving. 25. For an interesting article, see Elizabeth M. Addonizio et al. “Putting the Party Back into Politics: An Experiment Testing Whether Election Day Festivals Increase Turnout,” PS (October 2007), 721–727.

Chapter Eight

Elks in Decline How DUI Policy and Other Factors Affect Association Membership

I’d like to say something about the bar but I don’t know if I should—we used to get together at the bar for a drink but that isn’t happening anymore. (Florida Exalted Ruler) Absolutely, people feel safer drinking at home. I may or may not have a drink at our spaghetti dinner this week. It makes you think about it more. (Florida Exalted Ruler) I believe it [DUI] does [impact membership]. I know people in our lodge are much more cautious, and we too as an association are more cautious. I’m tending bar right now and there is no one here. (California Exalted Ruler)

In addition to establishing the importance of the bar in Elk lodge culture in Chapter 3, the interviews with Elk ERs shed light on perceptions surrounding declining membership and participation levels. ERs expressed that several factors—DUI and regulations on serving alcohol, smoking bans, and prohibitions on the use of gambling machines—have impacted their lodges. This suggests that direct and indirect changes to lodges’ bar culture, which affect the way people drink, smoke, and gamble, are impacting the lodge. Another factor cited—the inclusion of women as full members—seems for many members to be as much about the bar culture as it is about antiquated gender roles: Well, talking to some of the older members . . . recently women have been allowed to join the lodge, and I believe that has something to do with it 91

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Chapter 8 because we have a lot of old time members who have been around for over 40 years and this used to be known as a place where you could go and have a drink and have a meal. It was known as a good ole boys’ organization. (California Exalted Ruler) Because we finally realized what the Elks are about. We finally started accepting women and it used to be that the guys would go and play cards and drink, and it isn’t that way anymore. It is much more a charitable organization. But it did create a divide. (California Exalted Ruler)

This chapter begins with a close examination of the ERs’ discussion of two connected and regularly-cited reasons for membership decline—DUI/ regulations on serving alcohol and smoking bans. It is important to note that time constraint is one of the most frequently cited reasons for declining membership. This subject is discussed later in the chapter. The chapter ends with a broader discussion of how these findings relate to changing associational patterns and their implications for the Elks association. I will consider these questions: If DUI laws and smoking bans are contributing to declining membership, exactly who is leaving the Elks? Furthermore, why have over half of the respondents said that DUI laws are not impacting their lodges and their membership? How can these findings be reconciled? DUI POLICIES / REGULATIONS ON ALCOHOL Almost half of ERs, 24 of 55 respondents, said fear of DUI arrest negatively impacts lodge membership, recruitment, and maintenance. 1 These Exalted Rulers said that people were not joining, ending their membership, or reducing their time spent at the lodge because they were afraid of being stopped by the police and arrested for DUI. This sentiment is expressed in all the affirmative responses: Absolutely, our lodge is down the street from a police station. (California Exalted Ruler) Um, probably did or have. I know we had one member—I’m on the lapsation committee and we contact members who haven’t paid dues. One member who was a member for a year said he left the lodge because he got a DUI after a night at the lodge. (California Exalted Ruler) I think it probably has in the long run. (California Exalted Ruler) You know I think that . . . you’ve heard of the Jolly Corkers and most people want to get away from that, but I think it has impacted it. You don’t want to drive across town and get a DUI. It has had an impact but it doesn’t stop some

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of them but it certainly has impacted it. You know a lot people joined for the cheap drinks. (California Exalted Ruler) Most of our lodges are strategically placed, but the answer is “yes.” Most people live within a five mile radius. You don’t find people who live 20 miles away. Most don’t want to drive more than five or six miles. (Florida Exalted Ruler)

In addition to the acknowledgment that fear of DUI arrest impacts membership, the responses indicate that the members who are most affected are those whose lodges are located near a police station or who live a far distance from the lodges because they feel they are more likely to be stopped by the police for DUI. These sub-themes were present in interviews with ERs from both states and substantiate the impact of DUI laws on lodge life in general. Other respondents who affirmed the relationship of DUI policy to declining membership qualified their “yes” response. I propose that there are four main reasons for these qualified responses. First, some of the answers seemed to be due to embarrassment about discussing drinking and driving and lodge members. A sense of disloyalty and a breach of trust seemed to add to the embarrassment of these particular ERs. I suspect that all voluntary associations instill loyalty among members. Since fraternal associations historically are epitomized by secrecy and ritual, the pain of disloyalty might be more acute among their members. Second, the social stigma of drinking and driving makes talking about it a bit difficult for many citizens, and ERs are not any different. Third, the fact that drinking and driving is often a criminal offense made respondents uncomfortable talking about it because they were discussing potentially unlawful behavior. A different possibility, though, is that members were not feeling uncomfortable or disloyal; rather, their responses were qualified because they perceived only a slight impact of DUI laws on membership. It remains an open question whether any of these reasons—or a combination of these reasons—explains some of respondents’ contradictory statements that DUI laws impact the lodge but not its membership: It might have, Elks all have bars and inexpensive drinks. Not one of our members in the seven years I’ve been here has been stopped or arrested, but that is not something you would talk about. Driving at night is difficult for many of our members, particularly if you have a drink. It is too costly and embarrassing. (California Exalted Ruler) Probably very slightly, people are just more aware and now have taken on the responsibility, and either have a designated driver or call a cab. Also, some live very close and have to go only a few blocks and drive and probably would get a DWI if they were pulled over. I’m even guilty of driving the few blocks home when I probably shouldn’t have, but people for the most part have

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Chapter 8 changed their ways. I’d say it didn’t affect membership, but there is a reduction in turnout for events like New Year’s Eve and Christmas. We’ve seen this for our events; especially Christmas when people know more police are out they just choose to stay home. Also people are getting designated drivers, car services, and cabs. (Florida Exalted Ruler) Certainly, they have had an effect. Some of our members have been arrested over the years. It has had an effect on what people do but not on our membership. (California Exalted Ruler)

A few of these respondents focused on the restrictions that DUI laws put on membership recruitment. At this time, the age requirement for Elk membership is 21 years. One ER explained that members typically tend bar at the lodge and it would be very difficult to deny selling a drink to an underage member should the Elks lower the age of membership. Two explained that many lodges could increase membership if the association lowered the age from 21 to 20, and especially 18, but age of consumption laws would interfere with the lodge bar culture: I know one of the things was a resolution that was to admit people between 18 and 20 years old. It came up for vote at this year’s Grand Lodge. It failed because what if a bartender serves an underage member, you know under 21, and he goes out and gets into an accident. How can a bartender not serve a member? You know it could be a big problem. (California Exalted Ruler) Yes. It isn’t affecting most members but it does for opening up to younger people. In California, if you are under 21 and have alcohol in your system while you are driving you get arrested. You don’t even have to be legally drunk. You know it doesn’t have to be .08 . . . it can be as low as .01. (California Exalted Ruler)

In this section, we have seen that many ERs in California and Florida identified fear of DUI arrest as having a negative impact on their lodges’ membership—both with membership recruitment and maintenance. The discussion in Chapter 6 of interest group literature identifies retention and recruitment as essential to successful forms of collective action. It states that groups succeed by providing benefits to their members and attracting members with desirable benefits. Based on the findings from these interviews, it is apparent that the lodge bar and the activities that surround it are the most important benefits for some members and some potential members. It stands to reasons that any change in the bar culture is potentially detrimental to some associations’ membership levels. Contrary to the responses discussed above, slightly over half of the ERs thought DUI laws have not had a negative impact on membership rolls. Analysis reveals that most of these responses fit into four categories. First,

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many lodges have an informal system in place where members effectively “look out” for other members patronizing the bar. Second, some respondents explained that most of their members live near the lodge and, therefore, driving a short distance meant DUI arrest was not considered a likelihood. Third, some respondents reported that several members reduced their drinking or stopped drinking altogether while remaining active members. Fourth, there is a group of heavy drinkers in the lodge, sometimes referred to as “bar members,” whose activity centers around the bar and who continue to drink and drive despite the existence of DUI laws. Some of these explanations— particularly the first and third—reveal that while DUI policies may not have impacted membership levels at these lodges, they have to some degree changed members’ behavior and the day-to-day bar culture. In the following sections, I will delve more deeply into the ER responses to learn more about what they mean for the lodges and, more generally, civic engagement. Informal Systems in Place None of the respondents spoke of a formal system of designated drivers or indicated that formal protocols had been established for situations in which members were too intoxicated to drive home. There was no indication of training or informational meetings on behalf of or for the benefit of a cadre of designated drivers. Rather, the respondents indicated that informal systems are in place at many lodges in California and Florida. These informal systems appear to involve generalized reciprocity in which members “look out” for each other—especially when the aged members are drinking. Putnam points out that generalized reciprocity is more than quid pro quo or “I’ll scratch your back if you scratch my back” reciprocity. Generalized reciprocity requires a leap of faith in human kindness and is done not for immediate repayment but for the belief that somewhere in the future, one is more likely to be a recipient of generalized reciprocity if s/he has made a commitment to practicing it in the past: 2 We advised our bartenders to refuse a drink to anybody. I had a guy in here one day and the bar was closing and he was drunk. I took him outside and talked to him for over an hour until he sobered up and he drove home on the back roads. I offered to follow him but he said no. He saw me the next day and asked, “Were we really out there until 1:00 a.m.?” and I said “Yeah.” But we do have to be careful and not let anyone drink too much. But DUI doesn’t hurt our membership. (Florida Exalted Ruler) We watch our members especially the older ones after a couple drinks; they get a bit wobbly and we have designated drivers. (California Exalted Ruler)

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We are very cautious and we have designated drivers and get people on public transportation when they need it. (California Exalted Ruler) No. Not in this lodge. We are a urban lodge and we are right downtown. We are in a hotel that we own so we could put someone up overnight. Only one bad incident, and he was very careless and that is the only one in six years. (California Exalted Ruler) Um, it . . . I don’t know. It might. I haven’t experienced it. I’ve seen a lot of people get drunk and we make sure they don’t drive home. I haven’t seen it. (California Exalted Ruler) I believe I know DUI has down at our place. The people still drink and we keep an eye on people so no one takes off in bad condition . . . the reasonable people want to get ahead and make reasonable choices, and you can’t afford to take a chance but some of them don’t think about it. (California Exalted Ruler)

The informal systems might not be the Platonic or Tocquevillian ideal of citizens coming together, but it seems to be a thicker form of trust than purely transactional quid pro quo relations. The question of whether these informal systems are more or less effective than a formal system in preventing DUI arrests or car crashes is a subject for another study. There is no way to know from the interviews how well the systems work at keeping people from getting behind the wheel after they have had too much to drink, and it is impossible to determine the consistency in which these systems operate. For example, what happens if the member refuses to accept the ride or does not appear intoxicated to the layperson? Based on the responses, it seems that intuition is a guiding principle for dealing with legally intoxicated members. These unanswered questions, though, do not diminish the evidence that DUI-related adjustments have been made to the lodge bar culture. In this case, it also appears that DUI laws may indirectly contribute to the creation of social capital, not diminish it. The upside for the Elks could be the creation and exchange of a different form of social capital by those who “look out” for each other, although it is unclear if this gain offsets the loss in social capital from members who leave the Elks or decide not join because they fear that drinking at the lodge bar could lead to a DUI arrest. Members Live Nearby Several respondents said that DUI laws had no impact on membership because most members live “nearby” the lodge and drive a short distance to it. Several of these responses are found in earlier sections of this chapter. One respondent referred to the lodges as being “strategically located.” Another

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said that most people live nearby and no one drives from “20 miles away” and “most only want to drive 5 or 6 miles”: Our closest members are six or seven miles away so that doesn’t affect it . . . the DWI aspect. (California Exalted Ruler)

These Exalted Rulers believe that a short drive to and from the lodge reduces the chance of being stopped for DUI and, therefore, eliminates the possibility having DUI impact their lodges’ membership. One respondent who was quoted in the previous section explained that driving home “on the back roads” was a method for reducing one’s chance of being stopped by the police. These respondents identify an arbitrary “short” drive home or the use of “back roads” as reasonable indicator that DUI laws are not impacting members, and thus membership numbers, in their lodges. It might be based on a false sense of security but, nonetheless, it is a valid response that was given several times. It is a response that illustrates the impact DUI laws have on the ways members of an association conceptualize a solution to a problem in the context of an existing bar culture. Change in Drinking Habits In general, the reasons cited by many Americans for changes in their drinking habits vary from personal health to a different outlook on drinking and driving. There is some indication that the Elks have undergone or are undergoing a cultural change that is present in most of American society, not just the Elks. The damage that excessive consumption of alcohol can do to one’s health and the understanding and acceptance of the real dangers of drinking and driving seem to be seeping into the Elk association. The change might lag behind the general population, but these respondents indicate that it is occurring, albeit incrementally: I don’t believe so. The Elks were known years ago as a drinking club, but there aren’t many that drink anymore. People are just becoming more aware of what alcohol does to your body and what you can do to other people if you drive, so no it doesn’t affect membership. (California Exalted Ruler) I doubt it. I think people are more responsible now. It is still a drinking place, but I don’t see it here. (Florida Exalted Ruler) It has to a point but we don’t notice it. There are not the heavy drinkers that the Elks had 20 years ago . . . people are pretty responsible now. (California Exalted Ruler)

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It has made an impact everywhere. The older members have slowed down in their drinking, and the next generation doesn’t drink as much. (California Exalted Ruler) I don’t really . . . there are some social issues. Some say they use to come down and drink and play cards and carouse and leave at a late hour with too much to drink, and they say we use to do this and now it doesn’t happen. Well, frankly we are trying to get away from that. Not many of us do it and we don’t want to encourage it. (California Exalted Ruler) Yes, I’d have to say more people are more conscious and concerned about having a drink and driving. (Florida Exalted Ruler)

These responses seem to be examples of societal and generational changes in general. It would be unusual if these larger social changes had not penetrated the association. After all, the Elks are not a cloistered society, far from it they are a convivial voluntary association of citizens. These changes are external, so in a sense societal changes are creating internal Elks’ change. In all likelihood many voluntary associations, especially ones with lodges, are undergoing these same changes. In addition, ERs said that one group within the lodge does not fear a DUI arrest because they do not drink or drink in such moderation that they do not consider drinking and driving at an illegal level. These “Elkers” or “dedicated members” are identified as members who are singularly focused on the Elk mission of benevolence, charity, and humanitarian efforts. The lodge bar culture is often seen as a distraction and embarrassment to many of these members: I hate to put it this way but true Elks wouldn’t be inconvenienced, but those who joined for the cheap drinks or to party might leave but not the true Elks who are there for the cause. (Florida Exalted Ruler)

Heavy Drinkers Still Driving ERs also indicated that DUI laws did not impact membership because some members continue to drink and drive without an apparent fear of being stopped for DUI. This group was identified as “bar members” and “night clubbers,” which is meant to convey the image of members whose primary focus is on the bar component of lodge life: We do have a group of hardcore who it doesn’t change their drinking habits. (Florida Exalted Ruler) I think it does. What I’ve seen in the lodge is more people have stopped drinking who have convictions for DUI and those that don’t they don’t seem to

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be bothered. It seems that until you’re punished, you don’t stop and realize how serious it is. (California Exalted Ruler) Others join for the cheap drink thing and they don’t want to do anything else. Some members have suggested closing the bar down for a month, but we have our elderly members who have busted their butts and come in for a cocktail or two at 1:00 and go home and closing the bar would hurt them. (California Exalted Ruler) I don’t really see it here because we have a pile of drinkers who are three sheets to the wind and drive home. I’ve been like that many times and have driven home when I shouldn’t have. I saw a guy get into a wreck on his bike, and he is still in a coma and that changed the way I am when I ride my bike to the lodge. When I drive my bike I drink O’Douls and now we stock it at the bar and now others are drinking it because they see me the leader drinking it. Maybe when it first came out the DWI it impacted membership but I don’t see it now. (California Exalted Ruler) You still have that 10% or 15% that don’t care and drink and leave and you hope for them. (California Exalted Ruler) There again being a relatively new member I haven’t seen a difference over the last five years. Personally I enjoy a cold beer, but no I don’t think it has had an impact. Don’t get me wrong I’ve seen a few guys at noon poopy faced. (California Exalted Ruler)

The previous section’s discussion on the impact of DUI laws has revealed that about half of ERs believe DUI laws have had a negative effect on Elk membership, while the others believe it has no effect. It is important to look deeper into these responses to learn who may be leaving the Elks, who may be staying, and what this means for the association as a whole. These questions will be examined further in the Summary section at the end of the chapter, but first the parallel impact of smoking bans on the Elk needs to be discussed. TIME CONSTRAINTS Of the 55 ERs interviewed, 19 said that declining Elk membership was largely due to constraints on people’s time. Several cited obligations of driving children to and from athletic activities and other extracurricular activities, longer work commutes, and both parents working full-time jobs as examples of the constraints on the time people have to volunteer at the Elks. These respondents were in consensus in their outlook that people have less free time today than they had in the past and, consequently, people are not joining the Elks or have reduced their time commitment to the association:

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Chapter 8 Parents don’t have the time to commit after working all day and taking care of the kids. They don’t have time at night to come down to the lodge. (California Exalted Ruler) You know now the demographic has switched so much we don’t have stay-athome moms and both parents work, and no one wants to come down to volunteer to wash dishes or wait tables. (California Exalted Ruler) I think that we all have busy, busy lives, and when we have time after 5 p.m. we don’t want to spend it in a structured way. (California Exalted Ruler)

The sense that Americans have less time to volunteer is supported by Putnam’s findings. He explains that “busyness is everybody’s favorite explanation for social disengagement,” however, he cites conflicting evidence indicating that over the last three decades, there has “not been a general decline in free time in America that might explain civic disengagement.” 3 It is possible, then, that for some of the Elk respondents, the constraints on members’ free time is mainly perception—not reality—and other factors contribute to membership changes. Perhaps in some cases, a false sense of less free time is masking other reasons that Americans tend not to recognize as deterrents to joining voluntary associations. SMOKING BANS Over the last 15 years, a majority of states have created or broadened smoking-related laws to ban smoking in workplaces, restaurants, and/or bars. Many of these laws now apply to Elk lodges, although lodges that have voluntary—non-paid—workers are exempt from the bans in some states. During the interviews, I discovered that state smoking bans are associated to some extent with changes in Elk membership and lodge bar culture. This finding was not anticipated at the start of the study and only emerged when I began interviewing Florida Exalted Rulers. The first wave of telephone calls began with the California ERs and ended with the Florida ERs. This resulted in many California interviews being completed before any telephone calls were placed to Florida ERs. Several of the first Florida respondents who were interviewed volunteered that many of their members smoke and, consequently, the state smoking ban had a negative impact on their lodges’ membership levels. Therefore, the earlier completed California interviews did not contain a question about smoking bans and, interestingly, this topic was not mentioned by respondents. 4 During the second round of calls to California and Florida ER, the smoking ban question was added to the instrument. Of the California ERs who were asked the smoking-ban question, only three identified the ban as having had an impact on lodge membership—and

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it was a temporary impact. Alternatively, many Florida ERs identified the smoking ban as a governmental policy having a negative impact on membership numbers. One reason for this discrepancy might have to do with the more recent expansion of the Florida smoking ban. California enacted a smoking policy as early as 1994 and fully extended it to all public places by 1998. 5 The typical response from California ERs when asked about the law was that people were “used to it” by now. On the other hand, eight Florida ERs said the state’s smoking ban had a negative impact on membership numbers. Although Florida has had a workplace smoking ban since 1985, it was not extended to public places until 2003. 6 It seems that the extension of Florida’s smoking ban to cover public places like bars, restaurants, and some voluntary associations was still very fresh in the minds of several Florida ERs when the interviews were conducted, and this may account for the disparity in responses between the two states. In short, many California citizens seem to be used to the public smoking ban while many Florida citizens are still getting used to it. This being said, a combined 11 ERs said the bans have had a negative impact, although sometimes temporary, on Elk membership. Twelve respondents thought smoking bans have not negatively impacted membership numbers. Interestingly, two Exalted Rulers identified smoking bans as contributing to increased membership and bar business. The following discussion illustrates how smoking bans seem to have had a similar effect as DUI laws on lodge bar culture. Nearly half of Elks who discussed smoking bans (11 of 25) said the bans negatively impacted membership. Smoking bans provide more evidence that the lodge bar culture is an essential component of the Elks association. Interesting questions arise in regard to the meaning of associational life in light of the role drinking and smoking play as material benefits of membership. One ER indicated that in response to dramatic declines in membership that occurred after the lodge started complying with the state smoking ban, the lodge reinstated smoking—without permission from the state. This is a risky move but illustrates the ban’s impact on this particular lodge’s membership: We lost 30 members the day it (the smoking ban) went into effect, and we have reinstated it and got back 12 of the 30. (Florida Exalted Ruler) There is no indication whether this is an extreme case or a common action, but the interview responses suggest that the illegal reinstatement is an action many lodges may consider—especially those concerned with the institutional preservation of their lodge. Many ERs were seeing members, unhappy that they could not smoke at the lodge anymore, leaving the Elks for other associations that were either exempt from the smoking ban or were violating the ban. Many members from lodges who complied with the bans, especially older members, felt they were being unjustly penalized by the state:

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Chapter 8 Smoking killed the bar business by about 40% . . . one of the old boys at the bar said to me that he has been in three wars and been shot once and no one was going to get him to stop smoking. (Florida Exalted Ruler) The biggest one happened when California went non-smoking. A lot of older members left when they couldn’t smoke. That was our biggest decline. The old boys’ organization is no longer what the Elks is. No more drinking and smoking and rough language. They went to the Eagles or wherever they could smoke which is right down the street from us. (California Exalted Ruler) I can tell you why ours decreased for sure. Three years ago Florida went nonsmoking where food is served and we lost 100 members because we obey the laws of the United States. It is a private organization where you go in and have a low-priced drink and sit and talk. Those members who smoke ended up going to the Moose Lodge or the VFW. As long as all your workers are volunteer you can smoke but it is a thin line in the law. We obey it. For example, the guy who delivers our beer he isn’t a volunteer or the plumber who comes—he isn’t a volunteer. So even though we are all volunteers working in the lodge people come in from outside to do work who are not members so we decided to go totally non-smoking, and it cost us 100 members. (Florida Exalted Ruler)

One member explained that the smoking ban negatively affected other aspects of lodge life, “The smoking ban has decreased our meeting attendance” (Florida Exalted Ruler). This quotation provides the first and only direct evidence in the interviews of the negative impact of smoking bans on Elk civic operations. All the other data discussed previously supports the finding that DUI and smoking bans have a direct impact on the convivial and social side of the association, but this respondent is claiming that the smoking ban impacted weekly meetings—the civic side of the association. This is important because some scholars have suggested that federated associations like the Elks educate their members on citizenship in a system of federalism. In particular, Theda Skocpol suggests that members of federated associations learn real lessons about federalism because the associations replicate federalism on a smaller scale. 7 If this is the case, anything contributing to declining meeting participation deserves serious consideration. Many ERs thought the impact of smoking bans on membership was temporary and said that members came back to the lodges when they built outdoor smoking areas or when the smokers became used to going outside for a smoke: Well, in the state of Florida they banned smoking and that started out to have an effect because a lot of people in the lodges smoke, and at first, they weren’t accustom to going outside to smoke and now they’re used to it. So, it has had a slight impact but it did not affect membership. (Florida Exalted Ruler)

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The smoking ban has had a short-term effect that is no longer a problem, and we created an outdoor space for our smokers and it has turned into a fun area. The smoking ban is good for me because I don’t do well around smoke, but overall it has not had an impact on our membership. (Florida Exalted Ruler) The smoking ban hurt us initially but we built a smoking room on the backside of the lodge, and we did it legally and now we have a screened-in area where we can smoke and members donated a lot of the money to build it. We didn’t use the money we raised, and we got permission from the state of Florida. (Florida Exalted Ruler) Smoking did initially hurt us but those that left are coming back and are back. (California Exalted Ruler)

The outdoor areas are a good solution for lodges in climates that allow for year-round use of the facility, but it is more difficult to see this as a solution for lodges in Maine or North Dakota. Primarily, the screened-in area solution underscores the importance of smoking to lodge members—its construction involves considerable time and expense—and how state smoking bans have dramatically affected, even if temporarily, the membership levels and bar culture at many lodges. Nearly half of Elks who discussed smoking bans (12 of 25) felt the bans did not impact membership but did change the lodge bar culture. Those ERs who reported the smoking ban had no impact on lodge membership usually cited the creation of a screened-in area as evidence that the ban did not have a negative effect: I’m not sure if non-smoking rules are affecting membership or not. I know there are a few people who are very unhappy and would rather go somewhere else, but we don’t smoke at the Elks. We have a screened-in area but most people like to sit at the bar and have a drink while they light up. You know there was a time when if you smoked you were part of the in-crowd, but now people look at you like you’ve done something horrible. (Florida Exalted Ruler) It has an impact on the number of people that sit at the bar, but they aren’t having an effect. People go out to have a smoke when they want one. (Florida Exalted Ruler) We have an outdoor patio area, and they take their drinks with when they want to smoke. It hasn’t impacted us. (California Exalted Ruler)

Clearly respondents felt that the ban did not impact membership in their respective lodges, but it did create a change in the lodge bar culture. Smoking members now must go outside to smoke or the lodge has built an outdoor area for smokers—essentially segregating smoking from non-smoking mem-

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bers. If not a negative impact on membership numbers, the ban quite clearly changed the bar culture for these lodges. Another point to consider is that some lodges may not have been impacted by the ban because they have members voluntarily performing the bar work and are therefore exempt from the smoking law. A few ERs (2 of 25) thought smoking bans positively impacted membership and bar business and welcomed a smoke-free environment. In at least one important way, the impact of the smoking bans on lodges diverges from that of DUI laws. According to some ERs, smoking bans have actually increased lodge membership. Nothing like this was mentioned when discussing the possible impact of DUI laws: We don’t want smoking in our lodge. We didn’t lose members; just business at the bar and it came back. (Florida Exalted Ruler) We have no smoking, and it helped our membership rolls. In town you can still smoke at the VFW, Eagles, Moose, and Legion. They are not supposed to, it’s against the law but they do it. But we got a lot of new members because we enforce it. Our lodge is no smoking and people like it. (Florida Exalted Ruler) As far as smoking, we get people calling who want to come to a smoke-free environment. So that has helped us. (Florida Exalted Ruler)

Perhaps due to the negative and immediate externalities of tobacco smoke, it should not be a surprise that people seek out smoke-free environments. With regard to DUI laws, though, only one ER said there was discussion at his lodge about closing the bar for a month, and this action was not taken because they feared it would lead to a decrease in membership. Two aspects of the smoking bans add more insight into the Elks lodge bar culture. First, smoking is tied tightly to drinking alcohol in the lodge bar, but has some important differences. Even though smoking bans seem to have an impact on many lodges’ membership rolls, it is important to keep in mind that smoking bans are much easier to circumvent at lodges than are DUI laws. An association can build an outdoor area for its members to enjoy a cigarette without having to leave the property. Or, lodges can fill all positions and have repairs performed free of charge by voluntary members, thus avoiding the violation of exposing non-member contractors to second-hand smoke. At the very least, smoking members can smoke in the parking lot without the necessity of having a screened-in smoking area. The point is that there is flexibility in confronting a smoking ban that does not present itself in regard to driving drunk. Additionally, a violation of a smoking ban is just that—a violation—and carried out to its farthest adjudication could lead to an association’s loss of its 501(c)3 status, which would be devastating for the association and in all

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likelihood would kill-off the local association, but in all the interviews I did not hear about this happening to a single lodge. The consequence for an individual violating a state smoking ban is likely to be a fine. A DUI arrest, however, is typically a felony arrest. Furthermore, Dram Shop Laws aid injured parties in suing associations like the Elks if the convicted drunk driver became intoxicated at a lodge bar. It is likely the liability will not stop at the association level. It might be extended to the individual bartender, Exalted Ruler, and other serving officers. In short, the severity of DUI laws puts a voluntary association like the Elks in a vulnerable position, which could lead to bankruptcy and jail time for members who hold office in the association—not just for the member who drives drunk. The smoking bans, although important laws, do not have the power of a criminal charge behind them and are not as potentially damaging to a lodge as the consequences of a DUI manslaughter charge and conviction. Therefore, while different in many ways to DUI laws, smoking bans are an example of another governmental policy that seems to impact membership rates—or at least the bar culture—at Elk lodges. Second, precisely because they are separated from the non-smoking bar population by the smoking ban, smokers might be building social capital with each other when they smoke in the screened-in area. It stands to reason that being segregated could lead to closer relationships among the segregated than if they had been allowed to smoke in the bar. Smoking bans provide us with an example of a state policy inadvertently forcing people together because they smoke, and the people are now joined by three types of bonds: being an Elk, being a smoker, and being exiled from the lodge bar to the screened-in porch. This seems to be the case in several Elk lodges. SUMMARY In the process of exploring the possible relationship between declining Elk membership and DUI laws, interviews with 55 Elk ERs in Florida and California have led to several discoveries. The testimony of ERs was almost evenly split on the impact DUI was having on declining membership. It is clear that for some lodges the DUI laws—as well as smoking bans and time constraints—did to some extent contribute to declining membership numbers. For some ERs, the perception that a fear of being stopped and possibly arrested for driving under the influence was a deterrent to spending time at the lodge. ERs cited declining membership and fewer new members as an outcome of DUI laws. In addition, other important discoveries about lodge life and membership emerged from the interviews with Elk Exalted Rulers. These findings shed light on a changing lodge bar culture within Elk lodges. Analysis of the

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findings provides insight into the motivation behind a person’s desire to join a voluntary association and his/her desired level of civic engagement. First, the ER interviews emphasized the importance of the lodge bar to the Elk association. This is significant because most of the relevant literature underestimates the importance of drinking in the lodge. The Elks is one of several lodge associations in America that have bars. Many consider the service organization as a reaction to, and rejection of, the lodge bar-centered fraternal associations. This may be true, but keep in mind that service organizations like the Kiwanis and Rotary hold weekly meeting at restaurants where some members order a drink with or before lunch, and they too have experienced declining membership numbers since 1980. 8 This raises important questions about the consumption of alcohol and its relationship to civic engagement. It could be a dynamic many associations are experiencing. Second, within many lodges there are two well-defined groups—the Elkers and the bar members—who are not impacted by a fear of DUI arrests, for very different reasons. Several respondents thought this represented a membership dichotomy within some Elk lodges in California and Florida: Um . . . I don’t know about that . . . you have your Elkers and the night clubbers, those who just use it as a private club and the Elkers are those who do most of the work. (California Exalted Ruler)

Responses like this one suggest that there exists a group of Elks who have joined primarily for the social aspect and a group who have joined primarily for the civic aspect. As many ERs said, the Elkers are not impacted by DUI policies because many of them are dedicated to the charitable works of the association and do not necessarily frequent the bar during every trip to the lodge. Many bar members are not impacted because they continue to drink and drive regardless of DUI laws. If the Elkers and the bar members have maintained their memberships with the association, who are almost half of the ERs referring to when they said DUI has impacted membership? It could be that there are members who fall between the poles of Elkers and bar members, and they are the ones leaving the lodge. This “middle” group of members may occasion both the bar and the civic-related functions of the Elks. Perhaps the impact of DUI laws is falling more heavily on the moderate drinkers and moderate volunteers. This would be consistent with the literature, which suggests that, in general, moderate drinkers are more likely to change their behavior in response to DUI laws than are heavy drinkers. 9 If it is accurate, this phenomenon could be the source of important clues that might help solve some small aspect of declining civic engagement in America. After all, some have suggested that in general, moderate drinkers donate more money to charities than non-drinkers and heavy drinkers. 10 For the Elks, the “in between” mem-

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bers, if indeed moderate drinkers, are potentially more active in the association’s charitable activities. It is also true that both Elkers and bar members are building social capital within the association. It cannot be denied that these people are meeting faceto-face on a regular basis in the lodge, whether they are in the bar or in meetings and on committees. It remains to be seen, though, if this offsets the loss of social capital from those members who leave the Elks because they fear a DUI arrest. Finally, the interviews revealed that for a variety of reasons—responses to DUI laws and smoking bans, time constraints, generational shifts, new policies accepting women as full members—the Elks association is undergoing a period of considerable transition. As just discussed, if the loss in membership is concentrated on the “middle” members, it may further polarize the remaining Elks who seem to fall into two different groups—civic and social—with two distinct visions for the association. In addition, ERs spoke of two models for Elk lodges—a family-friendly model and a bar-centered model. Some ERs were committed to creating family-friendly Elk lodges, similar to the YMCA model with pools, a gym, and activities for children. “It is hard to attract young families. We do have events for young kids but it isn’t enough” (California Exalted Ruler). “We offer classes and a lot of lodges can’t afford to pay people to come in and teach the classes” (Florida Exalted Ruler). Other ERs talked exclusively about a more adult-focused bar-centered model, which they felt was more appropriate for a fraternal association, and discussed how they were developing the bar into an appealing entertainment center. “We are one of the few lodges open seven days a week. We serve four lunches and five dinners a week and our bar is open seven days a week. We provide a wide array of entertainment for the people. They know they can come here and it’s affordable” (California Exalted Ruler). How the Elks address these differences that seem to be becoming increasingly polarized—Elkers vs. bar members, family friendly model vs. barcentered model, convivial activities vs. charitable works—will help define the association’s identity for decades to come. Institutional examination is not foreign to the Elks; in the 1970s, they tackled the issue of the “White Clause” and became a better association for it. Why is this important? Cross-class voluntary associations have played an important role in the development of the United States. They are credited with having brought people of divergent backgrounds together in ways in which they would normally not meet or interact in the course of the business day. The coming together of citizens on a regular basis is thought to strengthen and build bonds of trust (social capital) among individuals and groups of citizens. The arguments are that social capital is essential to the health of democracies and free markets. Civic engagement, it is argued, is a precursor to political participation. The prevailing belief is that voluntary associations

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create social capital and are precursors to political participation and, therefore, are essential to our democracy. By looking closely at an association like the Elks, we might gain valuable insight into broader patterns of political participation in America. NOTES 1. The breakdown by state is 16 California respondents and 8 Florida respondents answered in the affirmative to the DUI question. Six female Exalted Rulers and 18 males responded “yes.” 2. Putnam, Bowling Alone. 3. Putnam, Bowling Alone, 189–190. 4. Since the smoking ban-related line of inquiry was introduced half-way through the interviews, approximately 25 of the 55 ERs provided information on the bans. 5. California Department of Public Health (cdph.ca.gov) 6. Florida Clean Indoor Air Act (FCIAA), Florida Department of Health (www.doh.state.fl.us) 7. Skocpol, Diminishing Democracy. 8. Putnam, Bowling Alone, 438. 9. Jacobs, Drunk Driving. 10. Arthur Brooks, “Drink More, Earn More, (& Give More),” Wall Street Journal, (13 July 2005), A14.

Chapter Nine

Why Is the Decline of the Elks Important?

My favorite part of being an Elk is seeing the good that is done for the community. (Florida Exalted Ruler)

There is evidence to suggest that DUI laws—and more specifically, the fear of being arrested for driving drunk—has contributed to Elk changes and even declining Elk membership in California and Florida. This finding contributes to our knowledge of changing patterns of civic engagement in America. One introduces and highlights a variable that has not been considered to be important to voluntary associations and civic engagement and perhaps opens a new line of inquiry. The other provides insight into the complex relationship between civil society and the state. Once a week we cook a barbeque dinner for the veterans, and it is really nice. (California Exalted Ruler) My favorites are the nights we have appreciation dinners for people in the community. (California Exalted Ruler) I joined because of everything the Elks stand for—patriotism, fidelity, charity, and justice. (California Exalted Ruler)

The Elks, and other voluntary associations like it, continue to be a relevant component of American civil society and political life. There are two aspects of the association that make it relevant and, therefore, its declining membership should cause concern. First, it is a traditional voluntary association that provides a forum for members to create, build, and maintain social capital, which is essential to the health of a democratic society. Voluntary 109

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associations’ contribution to the development of the American democracy is well-established. 1 The quotations beginning this chapter demonstrate the Elks’ contribution to American civil society. Second, the Elks is a voluntary association that provides meaningful civic experiences for many members. In its civic capacity, all Elk lodges mobilize their respective members to provide charitable services to children with developmental disabilities and military veterans and to sponsor a number of other community events. 2 Therefore, the Elks and its members enhance civil society by engaging in benevolent and charitable work. Additionally, in the process of conducting their lodges’ civic work, members come together and social capital is created and maintained. Both of these Elk characteristics are crucial elements in a strong democracy and make the Elk a relevant aspect of American society. SOCIAL CAPITAL AND THE ELKS The claim that voluntary associations like the Elks function as venues for creating social capital among citizens is well-established in social capital theory. It is supported in this study’s interviews conducted with ERs from California and Florida. Social capital theorists contend that people meeting face-to-face on a regular basis build trust and a sense of generalized reciprocity. It is thought that this is good for the individuals, society, and American democracy. 3 The following interview responses of some ERs further support this claim. Many ERs explained that they joined their respective lodges because of the camaraderie, friendship, and respect they offer. Knowing that I can walk into any lodge in the nation and having instant friends and not worry about being hit on by drunks at the bar—they don’t tolerate that type of thing and as a single women I like that. (California Exalted Ruler) I think the charitable endeavors and the camaraderie. I don’t have any children. I enjoy the group camaraderie and the social atmosphere. Either for charity or just a dinner for a night and a couple drinks—I really enjoy it. (California Exalted Ruler)

One California ER said that the “opportunity to meet people in my community I wouldn’t otherwise meet” is the main reason s/he joined the lodge. This statement not only supports the claim that there exists the potential to build social capital within the lodge, but it also may lend credence to the notion that the cross-class nature of many associations like the Elks brings people together who would not likely meet during the normal course of the business day because they have an unequal relationship within the workplace. 4 The historical cross-class characteristic of traditional voluntary associations is touted as one of its greatest values to civil society and democra-

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cies, and it is often cited as the most important virtue of voluntary associations by those who lament their decline. 5 It remains unclear, however, whether the Elks have maintained a crossclass membership over the past few decades. If there is a trend in which Americans with higher-than-average education and income levels are leaving traditional voluntary associations for membership in professionalized organized interest groups, it could be that associations like the Elks have not remained cross-class. While more research is needed to determine if the Elks continue to be a predominantly cross-class association, it is clear that many members still meet face-to-face on a regular basis and build trust and reciprocity among themselves. This reason alone makes the Elks an important part of American civil society. It is well-established that bonding social capital is being created within the walls of many lodges; and there is evidence that bridging social capital is begin created outwardly among the Elks and other associations. However, as I will discuss in the next section, what is not well-established at this point is the association’s capacity to engage all its members in the association’s worthwhile civic activity. CIVIC ENGAGEMENT AND THE ELKS The dual concepts of “true Elks” or “Elkers” and “bar members” were introduced and discussed. It was revealed through the interview process that there are some Elk members whose focus is social and centered on the lodge bar, and then there are others whose focus is on charitable activities and the lodge bar has little or no importance to them. During the interviews examples of the lodges’ bar activities were provided, identifying a convivial and sometimes hard-drinking component of lodge life that some bar members thoroughly favored. Little detail or description was given of the civic component of the Elks association favored by the Elkers or true Elks. It was mentioned in general terms, but specific examples were not provided. In this section, ERs explain in their own words why they joined the Elks and what they like most about the association. What emerges is an association deeply embedded within the public life of its lodges’ respective communities, underscoring the civic component of Elk life. For example, 20 of the 55 ERs explained that “giving back” to the community and to those-in-need is the main reason they joined the Elks. As one California ER put it, “I’m all for giving back to the community in a charitable sense.” It gave me a chance to give back. I had always taken. I didn’t really give anything of myself. I paid taxes and I gave to charities but it was as a write-off. Now I can actually give back. (California Exalted Ruler)

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The Elks association’s commitment to children with disabilities and U.S. war veterans is one way the Elk members give back to their communities. All lodges follow the lead of the Grand Lodge with respect to these two Elk national projects, but there is a litany of other Elk charitable events at the local level ranging from Chicken BBQ dinners to Youth Hoop Shoots. The majority of respondents interviewed in this study identified their favorite Elk activities as the major projects for children with disabilities and war veterans, the local community projects, or a combination of the three. 6 The charitable projects—providing physical therapy for children who cannot afford it—is my favorite part. (California Exalted Ruler) Being able to help people. We have a special Halloween party for kids who are handicapped, some are adults, and their families are guests at our lodge. We build a miniature town and they go trick or treating, we have pizza, hotdogs, stuffed animals, and door prizes for everyone. It really makes me feel good. (Florida Exalted Ruler) We’ve been buying oversized wheelchairs for the vets and stand-up blood pressure machines that the government won’t pay for. A lot of people think of the Elks as the local barroom or watering hole, but it is a lot more than that. (Florida Exalted Ruler) I would say the gratification of helping my community, children, and vets, is my favorite part. (California Exalted Ruler) To see the look in the kids’ faces when they receive a scholarship or see their name on the Hoop Shoot Hall of Fame . . . going to the Veterans’ hospital and seeing their faces when we bring them things—knowing they are not forgotten. (California Exalted Ruler)

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One of the other things is through our Wednesday night Bingo, we collect for college scholarships. Our lodge gives out $10,000 every year. (California Exalted Ruler) I think participating as a volunteer is my favorite part. It is not going to the bar because my doctor told me I have to cut down on my drinking. I can’t drink like I used to so going to the bar to socialize is not fun for me. Working with the children, especially with the Hoop Shoot, I enjoy the most. (California Exalted Ruler) Oh wow, I love that we are so focused on the youth and getting them into the practice of charitable work. It is through our Antlers program.” (California Exalted Ruler) All the good work. I tell people I can spend all their money and do a lot of good with it. I know it sounds corny, but it’s the truth. (Florida Exalted Ruler) Helping the needs of different human beings like the scouts, the veterans, and the men and women who are serving our country—our fellow man. I receive much more than I have given, and I’m not talking about material things. (Florida Exalted Ruler)

Clearly, the data from the interviews establishes that many Elk lodges in California and Florida participate in the civic life of their respective communities. It becomes clear too that many responses are imbued with references to the social aspect of having a drink at the lodge, which further underscores the association’s convivial culture. The point I wish to make, and the responses support it, is that these Elk activities are very likely making a positive contribution to the lives of children and veterans as well as to the lives of Elk members who become civically engaged citizens and build social capital in the process. THE ELKS IN TRANSITION Many of the ERs provided insight that revealed an association in transition. Many talked about the improvement female members have made to the association and how it is becoming more of a place for members and their families, leaving behind the old-boys’ lodge that was referred to by some ERs. This transition is not happening without resistance, but it is significant to note that positive aspects of this change were clearly identified or indirectly referenced by many ERs. Well, initially you know as a single parent—I live down the street from the lodge—and I thought it would be a good way to socialize and bring my son to swim, and it is a safe environment. (California Exalted Ruler)

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I joined because I believe in what they do, and it is a good way to be with my husband. (California Exalted Ruler) I joined because my wife was a member for 10 years and an Exalted Ruler— the first black woman in our lodge. (California Exalted Ruler) Well, my husband was a member, and I went to an event with him and learned what the Elks were about so I told him I was going to join the women’s group. He said oh no you need to become an Elk, that way you can participate and vote on Elk matters. But I want to be with the gals. I told him and he said no it will be better for you if you become a full Elk. (California Exalted Ruler) Women were becoming a large part of the membership—three out of four of our officers are women. I’ll be very honest with you, in our lodge the men are very willing to sit back and let the women do the work. A lot of older people join the lodge and want to use it as a social organization and not what it is supposed to be—charity. (Florida Exalted Ruler) You know when I started out I had a friend who said “come on down and have dinner and a drink.” So my original intent was eating and drinking a little, but going through the chairs changed my perspective entirely. The benevolent aspect became very important, and I’ve become very involved and it has snowballed and it has become my sole social scene but it is much more than eating and drinking. My perspective has changed drastically from when I was a DMO (drinking member only) to a benevolent member. (California Exalted Ruler)

The responses indicate that the once strictly fraternal association has become more gender- and race-inclusive. It is too early to tell which way the Elks’ lodge culture will go—toward something “similar to the YMCA,” as a California ER explained it, or toward a more bar-centered association. Furthermore, since there continues to be the Elkers component of the lodge, it is difficult to estimate how or weather a more bar-centered lodge would impact its civic aspect. What is clear is that the Elks are at an institutional crossroads. Faced with declining membership and new competition for voluntary members, its future depends on how it decides to move forward into the 21st century. The Elks are faced with their Naked Lunch—that frozen moment when you see what it is on the end of every fork. 7

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AREAS FOR FURTHER RESEARCH Other Lodge-Based Associations The findings in this study present the possibility that the MADD’s efforts to influence the enforcement of driving under the influence laws could be a contributing factor to declining membership in other associations similar to the Elks. 8 To more fully understand this dynamic, it may be helpful to check the membership rates of other similar associations against rates of DUI arrests and the number of MADD chapters for each of the 27 states in this study. The Elks are not the only association of its type to experience declining membership; there are many associations in the fraternal tradition undergoing the same changes. The Eagles, Moose, Lions, and Masons all experienced a steady decline in membership after a short period of growth in the 1970s. 9 Moreover, these associations, like the Elks, are lodge-based and typically have a lodge bar. 10 Extending this book’s line of inquiry to other voluntary associations could help answer the question: Has strict enforcement of DUI laws, beginning in the early 1980s, contributed to declining membership in voluntary associations in the fraternal tradition? Other Variables There are likely multiple causal factors leading to the precipitous nationwide decline in Elk membership seen in the early decade of the 1980s. Many were discussed in Chapter 4. The main reasons put forth for declining Elk membership were a general disinterest in exclusively fraternal associations and their practice of ritual, both of which were seen as “old fashioned” by many American men. Essentially, this is a generational factor and also includes membership attrition due to the death of many of the association’s oldest and often longest members—without membership replacement. In addition to these reasons, it was revealed in the interviews with ERs that a “lack of time” is a key reason accounting for the decline in Elk membership. Robert Putnam created categories that encompass most variables Americans identify as contributing to their personal withdrawal from traditional forms of civic engagement. 11 Not surprisingly, the pressures of time and money are first and foremost among reasons given by Americans. Mobility and sprawl are other contributing factors, which are born out in this study. Technology/mass media is another variable—simply put more people are spending more time watching television than in the past and the computer and internet are now taking up more of peoples’ time. These commonly cited factors are found throughout the literature contending that America is experiencing declining civic engagement and subsequently declining social capital.

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In the midst of a multitude of economic, social, and cultural variables, this book has proposed an additional one. It is important to recall that in the early 1980s, political and social forces came together to crack down on drinking and driving. The intent was twofold; to make the roads safe for law abiding citizens by removing drunk drivers and to punish drunk drivers by criminalizing the act. In the process, it may have worked to prevent moderate drinkers among the Elks from participating in some forms of civic engagement and closed off one traditional source of social capital. NOTES 1. Putnam, Bowling Alone; Skocpol, Diminishing Democracy; Almond and Verba, The Civic Culture: Political Attitudes and Democracy in Five Nations (Princeton, NJ: Princeton University Press, 1963); Putnam, Making Democracy Work: Civic Traditions in Modern Italy (Princeton, NJ: Princeton University Press, 1993). The unifying theme of these three works is the conviction that a robust civil society made up of citizen associations is good and necessary for an effective and stable democratic state. Therefore, a society with a vibrant associational life is a society with a vibrant political society, and participation in civic associations “inculcates skills of cooperation as well as a sense of shared responsibility for collective endeavors” (Almond and Verba, 1963). 2. Services for children with disabilities and veterans are the cornerstone of Elk activity and are referred to as “national projects.” Each lodge must contribute to the national projects and also conduct its own local projects. See www.elks.org 3. See Putnam for the benefits of social capital. 4. Skocpol, Diminishing Democracy. 5. Putnam, Bowling Alone, 22–23. He defines bonding social capital “as creating strong ingroup loyalty” and inward looking. He defines bridging social capital as outward looking and creating relationships across “diverse social cleavages.” 6. Thirty ERs identified programs for children with disabilities, veterans’ programs, community programs, or a combination of the three as their favorite part of being an Elk. 7. William S. Burroughs, Naked Lunch (New York: Grove Weidenfeld, 1959). 8. I am referring to associations in the fraternal tradition. The Elks refer to their association as a fraternal association, but since the late 1980s most adult fraternal associations have for all intents and purposes become associations in the fraternal tradition. In most, women are now full members and, as was reported by the ERs, many lodges promote a family environment that is far from the days of the lodge being an old boys’ place, to paraphrase a California ER. 9. Putnam, Bowling Alone, 440–444 displays graphed trend lines. In Skocpol, Diminishing Democracy, Table 4.2, 146–147, see “Fraternal, foreign interest, nationality, and ethnic.” She reports there were 591 of these associations listed in the 1970s and only 435 in the 1980s; this is after experiencing a 2% growth rate between 1959 and 1970. 10. Putnam, Bowling Alone, 113. Another group that experienced an incredible decline in membership during the early 1980s is the American Bowling Congress. Putnam quoted the manager of one of America’s largest bowling lanes as lamenting the loss of league bowlers because they consume three times as much beer as non-league bowlers. 11. Ibid.

Part IV

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Chapter Ten

Conclusion

My favorite part of being an Elk is seeing the good that is done for the community. (Florida Exalted Ruler)

This chapter discusses the negative impact DUI policy has on Elk membership while shedding light on the development of the modern administrative state and its relationship with newer professionalized interest groups. The case study of the Elks and MADD is an example of modern professionalized interest groups leveraging state action to the detriment of a traditional voluntary association. It provides more insight into late 20th century state development and changing state/civil society relations. The findings contribute to our knowledge of changing patterns of civic engagement in America. DUI policy highlights a variable that has not been considered as important to voluntary associations and civic engagement. The other provides insight into the complex relationship between civil society and the state. MADD LEVERAGING STATE ACTION The MADD/Elk relationship could be an example of how professionalized organized interests, primarily concerned with creating and implementing public policy, have succeeded in leveraging state action to their benefit. An unforeseen consequence of this leveraging is the impact it is having on a traditional voluntary association. Additionally, it might explain an aspect of recent associational trends in American civic life—a shift away from the more time-intensive traditional membership associations toward less time-demanding modern professionalized organized interests. Locally-focused voluntary associations like the Elks 119

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no longer play a key role in organizing people for civic endeavors. 1 Rather, this is now the purview of professionalized citizen interest groups that focus on “quality of life” issues. 2 MADD’s success in the field of DUI policy development and implementation was discussed at length in Chapter 7, but a brief reminder of the organization’s prowess in the arena of public policy is worth mentioning. A large part of its success in leveraging state action has been its ability to change American attitudes surrounding drinking and driving by framing the conversation. 3 MADD has influenced national political actors and agencies while simultaneously changing national public opinion. This is by no means a small feat. Leveraging the powers of the state while shaping public opinion, MADD propelled both anti-drunk driving legislation and the social construct of the drinking driver into the national arena in a relatively short period of time. OTHER EXAMPLES: AREAS FOR FURTHER RESEARCH This brings us to the question: Are there other examples of policies that have had an unforeseen impact on civic life and social capital? One such example that emerged in this study is public smoking bans. It was revealed by some ERs that public smoking bans increased membership in some lodges and decreased membership in others. The intent of the policy is to protect people from inhaling secondhand smoke, which medical studies show can lead to lung cancer. One source of opposition against public smoking bans is restaurant and bar owners who feared the bans would diminish profits to such a low level that their businesses could no longer operate. I venture that few foresaw that public smoking bans would diminish membership in some voluntary civic associations. There are several other possible examples of newer professionalized organizations leverage state action to the detriment of older voluntary associations. The following section introduces potentially similar relationships, in which further investigation is warranted. Volunteer Fire Companies and the Fair Labor Standards Act Has the Federal Fair Labor Standards Act (FLSA) of 1938 had unintended consequences on volunteer fire departments, communities, and civic engagement? FLSA provides minimum standards for both regular wages and overtime pay and covers child labor and equal pay. In 1974, the act was extended to cover any person employed by the United States government. It provides important protections to all citizens in the workforce and aims to prevent the exploitation of children. The 1974 extension of the act covered many public servants, in particular professional firefighters, many of whom commonly

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volunteer their personal time to small, local fire companies. Beginning in the 1990s, two associations of professional firefighters filed lawsuits against communities that permitted two hatters (professional firefighters who volunteer non-working hours at volunteer firehouses) to volunteer their personal time. Several courts ruled in favor of the professional firefighters’ associations, finding that professional firefighters must be paid for any volunteer work involving firefighting. A 1993 U.S. Department of Labor ruling stopped Montgomery County, Maryland from allowing its paid firefighters to work extra shifts as volunteers. The International Association of Fire Fighters (IAFF) filed the complaint stating that “unpaid work by colleagues violated the FLSA.” 4 The decision was that two-hatters were covered under the FLSA even if they personally objected to being paid for their volunteer work. In various ways, this interpretation of the act has the potential to negatively impacting volunteer fire departments in small communities throughout the U.S. Many volunteer companies have begun paying the salary of some firefighters, straining their budgets and necessitating mergers with fire departments from neighboring communities. Not only has this added time to the average response rates of crews, jeopardizing property and life, but also some communities have lost a valued center of civic life—the firehouse. In many small towns, volunteer firehouses are hubs of activity where bingo, dinner dances, and community meetings take place. In short, they are places where citizens meet face-to-face on a regular basis, building trust and a sense of generalized reciprocity that is the foundation of social capital. Banning two-hatters could be yet another example of a good government policy hampering a voluntary association’s ability to create social capital, contributing to a decline in civic engagement. As early as 1996, the conservative think tank Heritage Foundation claimed that paying overtime wages to professional rescue workers and firemen who volunteer their time would be detrimental to volunteer fire departments. 5 In 2002 while running for governor, Sen. Kelly Haney, a democrat from Seminole County, in reference to the IAFF demand said, “many small communities will be devastated financially if they have to comply with the firefighters demand.” 6 This situation highlights the interplay between the state and a professional interest group (IAFF). Paying people a fair wage is a good policy, but applying it to voluntary labor or in the context of a volunteer fire department could have a negative impact on civic life and civil society. The current application of the FLSA should be recognized as another example of a professional group leveraging state action and, consequently, possibly subverting a voluntary association’s ability to create and maintain social capital.

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The Boy Scouts and Vicarious Liability Has vicarious liability litigation had a negative impact on the number of voluntary Boy Scouts of America leaders? The boy scouts have experienced a drastic decline in adult volunteers in the past few decades and contributing to this decline could be the interplay between the state and an interest group, in this case the Association of Trial Lawyers of American (ATLA). Since the early 1980s, the state has ruled in favor of claimants in lawsuits against volunteers who were indirectly involved in negligence cases. 7 This means that any type of volunteer can be held responsible for the negligent actions of another volunteer. It is documented that through vicarious liability legislation, the ATLA has succeeded in holding all scout masters, even those who were not present, responsible when another scout leader in the same troop is found negligent. Holding adults accountable for negligence with regard to a child’s safety is important and strict enforcement of such laws may assure the safety of other children; however, an unintended consequence is that community members may be less likely to volunteer because they fear being sued. In some areas that have experienced a decrease in volunteers, the Boy Scouts are resorting to the unorthodox practice of paying leaders. 8 We know that the Boy Scouts of America also are losing members for other more controversial stances, but nonetheless this could be an example of a professional association leveraging state action through the courts and inadvertently contributing to a decline in the numbers of adult volunteers and the association’s ability to build social capital. Dinner Parties and Dram-Shop Laws Have dram-shop laws, recently deemed applicable to homeowners, contributed to a decline in adults socializing in private homes? This could be part of the reason Americans have reported holding fewer dinner parties over the last few decades. 9 In the past, dram-shop laws were applied only to bars, restaurants, and other establishments that sold “drams” of spirits. There was also a time in the past when only the party guest was held liable for his or her drinking and driving and not the homeowner who hosted the party. Since the late 1980s; however, homeowners are being held liable too and have felt a financial burden when guests drink too much and drive. 10 It is easier for business establishments to pay the high insurance premiums as a business operating expense than for a homeowner to purchase similar coverage. Perhaps the fear of being named and sued in a drunk- driving crash has reduced the frequency of dinner parties held by Americans. It may be that interest groups like MADD have succeeded in leveraging state action and have inadvertently contributed to declining numbers of din-

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ner parties. Although private parties are not voluntary associations, they can build social capital and are an aspect of civil society. Applying dram-shop laws to private individuals is a good policy. However, one of its outcomes might be diminishing yet another way in which citizens create and foster social capital. Houses of Worship and Insurance Premiums Have mandatory insurance coverage laws, which address liability when a church hall is rented by another group (typically a voluntary association), diminished those groups’ ability to create social capital? A common church practice—as a sign of good citizenship and service to the community as well as a source of revenue—is to rent church space to groups for local secular activities. This is not limited to rural areas; most city churches also rent their space and facilities for secular functions. The cost of doing this aspect of church business is now becoming too expensive, largely due to the sheer cost of insurance policies. Church boards find themselves deciding between the high cost of good insurance coverage in the event of an accident on church property and the community service of renting space at an affordable cost. Additionally, by renting church space many lay board members, not unlike the Boy Scouts, open themselves to civil lawsuits. Again, this is a good policy; however, in many communities churches are now off-limits to community organizations—diminishing yet another venue for social capital. A GOOD GOVERNMENT POLICY GONE WRONG? The claim that DUI laws are a good government policy gone wrong is a bit misleading and intentionally provocative. Few would argue the enactment and enforcement of DUI laws has imposed unreasonable demands on the American people to such an extent as to consider them as having gone wrong. Moreover, it is not the claim of this book that the policies have “backfired” and increased drinking and driving—the very activity targeted for reduction. Rather, the section’s title refers to the unforeseen impact of a policy, which has the well-intentioned goal of protecting citizens from potentially fatal encounters with drunk drivers, on something that seems quite unrelated—membership in a traditional voluntary association. In short, it is the claim of this book that there is some evidence that beginning in 1980, the nationwide DUI crackdown imposed an unforeseen greater risk and cost to Elk associational life than there had been before the new policy. This finding has important ramifications for social capital theory and patterns of civic engagement. It sheds light on additional ways in which social capital is created and maintained, and it sheds light on other motivations behind some citizens’ decisions to become engaged in civic associa-

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tions. Many people do not join voluntary civic associations solely out of a sense of civic republicanism or communitarianism—often they also join to socialize, which can include the imbibing of alcoholic beverages. Seldom do scholars have serious discussions about the historical role of alcohol consumption in associational and civic life. This is an American conversation that is long overdue. This research project set out to answer the question: Has the strict enforcement of DUI laws, which began in 1980, contributed to the decline in Elk membership? After conducting 55 interviews with Elk Exalted Rulers from California and Florida, the answer is a qualified “yes.” There is interview data that supports the claim that fear of DUI arrest has impacted membership in some lodges in California and Florida. Many ERs said that in their opinion, some people were not joining the Elks, were not spending as much time at the bar as they used to, and were not renewing their membership because they were afraid of getting arrested for DUI. MADD AND THE ELKS: EXAMPLE OF CHANGES IN PATTERNS OF ASSOCIATIONAL LIFE Many scholars, political pundits, and average Americans lament the steady decline in the number of citizens participating in traditional voluntary associations in which members meet face-to-face on a regular basis. Some scholars link the explosion of non-profit, advocacy, and other typically non-membership organizations with the precipitous decline in the membership of voluntary groups, which historically have provided opportunities for citizens to engage regularly in civic affairs. 11 Theda Skocpol suggests that the decline in traditional forms of civic engagement is fairly recent, only starting after the 1960s. 12 She contends that professionalized citizen groups and professional agencies have “displaced” traditional membership associations in a short period of time. An outcome is that citizens have fewer opportunities to participate in public affairs than they had only three decades ago. Skocpol and many others agree that declining membership in the traditional associations is bad for the health of a participatory democracy, in which trust and generalized reciprocity is an essential component. By examining the Elks and MADD within the context of DUI policy, two conclusions can be made about changing patterns of associational life in America. First, the respective membership transformations of the Elks and MADD over the last two decades support claims about traditional voluntary associations’ decline coinciding with professional organized interest group growth. While the Elk association’s membership has been shrinking, MADD membership has remained steady after explosive growth throughout the 1980s. 13 Second, findings presented in this book that there exists a small

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inverse association between Elk membership and the number of MADD chapters presents the possibility that a professionalized organized interest’s leveraging of state action has had direct negative consequences for the livelihood of a traditional voluntary association. This dynamic is quite different than “creaming” top members away from a voluntary association or a general preference for professional organized interests. This may be an example of the direct actions of an organized interest diminishing a voluntary association. Moreover, in this scenario the state is being used as an instrument in the changing patterns of associational life. Instead of working with civil society or against it, in this instance state action may become a manipulated force contributing to changing patterns of association away from traditional voluntary associations and toward professional organized interests. FROM VOLUNTARY TO PROFESSIONALIZED ORGANIZED INTEREST The Elks in Decline Many factors have contributed to the decline in Elk membership over the last few decades. This is discussed in depth in Chapters 4 and 8. In interviews with ERs in California and Florida, one of the main reasons cited for the decline in Elk membership was individuals having less time to commit to volunteerism. Elk membership is time-intensive; members are expected to meet at the lodge on a regular basis and attend monthly and weekly meetings that are mandated by the National Lodge and essential to Elk existence. Another reason for the decline is the aging of the Elks—they have a substantial population of older members. Literature on the Elks and other associations in the fraternal tradition also identified Elk ritual as a contributing factor. It seems that many potential members find the ritual aspect to be a bit silly, and it prevents them from joining the association. 14 Several ERs also cited the fear of being arrested for DUI as having a negative effect on membership. The overall steep decline in Elk membership in the early 1980s not only coincided with the nationwide effort to enforce DUI laws, but it also coincided—as discussed above—with the rise of professionalized advocacy and citizen groups, many of which support post-materialism policies. 15 This is important because historically, the Elks have provided charity that is more closely associated with materialist policies of the mid-twentieth century. In particular, their programs for children with disabilities and military veterans are similar to services provided by the welfare state. This marks a clear distinction between traditional voluntary associations like the Elks and professionalized organized interests like MADD, which often focus on quality of life issues that reflect post-materialist policies of the late twentieth century.

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MADD on the Rise MADD’s membership growth is well-documented in Chapter 5. The organization began modestly as a grassroots movement in California in 1980. Within three years it had spread across the nation and was contributing to national DUI policy in Washington D.C. Its membership skyrocketed throughout the decade of the 1980s. There are several reasons for its rapid growth. The most obvious is because people were dying or suffering serious bodily harm as a result of drunk-driving crashes. The family and friends of the dead and harmed sought out MADD, as did many people who were injured in drunk-driving crashes. Others joined out of a sense of moral outrage, out of a sense of communitarianism or civic republicanism, or because they just believed in its cause. Considering that many Americans feel they have little time for volunteering, as discussed above, it is interesting to note that this does not seem to have impacted MADD in the same way it has impacted traditional membership associations. There are several reasons why time constraints may be less of a factor for MADD volunteers. The obvious reason is that members who have had a direct experience with a drunk-driving crash are likely to prioritize time for an organization like MADD that has elements of both victims and advocacy groups. Another reason is that MADD membership demands little time of its rank and file in comparison to traditional voluntary associations. MADD does not own and maintain local sites, like Elk lodges, which are the hub of activity for the organization. 16 Rather, MADD activity for many volunteers consists of writing checks for donations and sending emails to political representatives and businesses. It seems reasonable that an organization that requests less time from its members will not suffer from volunteers feeling overburdened by time demands. Moreover, because MADD has professionally operated national offices and has a successful track record on policy development and implementation, its members are likely to see it as an efficiently-run organization that is making an impact in the world. Their small cost—time—has realized a huge benefit—less alcohol-related driving deaths. Implications for the Elks and MADD The discussion in this section raises two key issues related to civic engagement and state/civil society relations. First, as we have discussed, in this particular case the decline of a traditional voluntary association may be directly linked to the successful efforts of a professionalized organized interest. It appears that Americans’ associational patterns have become a zero-sum game, which could result in further losses for traditional voluntary associations. Second, it appears as though the state is playing an instrumental role in

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this dynamic. Newer professionally-managed organizations focused on postmaterialist issues are leveraging state action to the determent of older voluntary associations that focus on materialist issues. This raises questions about the relationship between the state and civil society. VOLUNTARY ASSOCIATION IN TRANSITION During the last year, I have presented various versions of this research project at professional conferences and job talks. On several occasions after presenting the material, I was confronted with a variation of the following questions. Why should we be concerned with a voluntary association, no matter how long it has been in existence, which puts such a high value on alcohol consumption that some members are willing to quit the association rather than curtail their alcohol consumption? Moreover, isn’t this an association that maintained a “White Clause” well into the 1970s and reluctantly terminated it only when faced with economic sanctions from the state that ironically focused on the association’s liquor license? Is this the same association that did not grant women full membership until the 1980s? Why should we be concerned with the decline of a voluntary association that historically fought to maintain ascriptive hierarchies? 17 These are very good questions. There are two reasons I give for the importance of studying an association like the Elks. While this particular association can be viewed as a bastion of inequality that runs counter to Americans’ strongly-held beliefs of equality of opportunity and liberalism, it also can be seen as an association that is responding to society’s rejection of ascriptive hierarchies and its acceptance of inclusiveness and toleration. The Elks might be viewed as a triumph of American liberalism, albeit slow in coming. This is the vista I chose to view the Elks from and, based on the interviews with ERs, I am certain this interpretation is well-founded. The second reason has to do with democratic political participation and civic participation. If we are serious about democracy and citizens’ participation in the democratic process, we should be concerned with the declining civic and political participation of any group—even a group that historically has been privileged and perhaps unfairly dominated the process. STRENGTHENING DEMOCRACIES We should not be content with the declining participation of any group that has made many positive contributions to society. During a presentation of some of the ideas in this study, one person said to me, “So what, they are a bunch of white guys.” We cannot be dismissive of a dominant voluntary associations’ decline. We want to raise all groups’ participation in civil soci-

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ety and political life to the highest level. As a democracy, we cannot be content with declining levels of participation among groups that have historically, although at times perhaps illegitimately, had the highest levels of participation. This is foolish, arrogant, and undemocratic. Elk-sponsored events are important parts of community life all across America. They are still occurring on a weekly basis. The steak and clam bakes with raffles, the chicken barbeques at the Elk’s field, the dinner dances, and pancake breakfasts are not events “put on” for the entertainment of tourists or summer residents. They are meaningful events that real people look forward to because it is the essence of their community life. It is not just the Elks. The volunteer fire company may hold an annual dinner dance—in northern New York this often happens in the middle of the winter to break “cabin fever.” Associations like the Knights of Columbus, the Masons, and Moose all hold events similar to the Elks. They sponsor little league baseball and soccer times and donate to the Fourth of July fund. In the process community members—young and old—come together for a civic and social event and build and renew social capital. Just like these events, and often inseparable from these events, there is a time and place to consume alcohol. For many it is an important and lookedforward-to component of the event. This being said, traditional voluntary associational life is for the most part neither purely virtuous nor crassly debauched, but for too long we have seen associational life exclusively through the eyes of Tocqueville. Too many academics, policymakers, and pundits hold a Tocquevillian view or an abstract concept of the average American and their civic life. We must not forget to look through the eyes of Hawthorn, Sinclair Lewis, and Flannery O’Connor, to mention only a few of the keenest observers of American society, for a balanced account of who we are and how we associate. NOTES 1. The Elks and most fraternal associations operated nationally as well as locally in the late nineteenth and early twentieth centuries, but now these groups typically focus on local efforts while maintaining some national efforts. For a discussion, see Theda Skocpol, Diminishing Democracy. 2. Jeffery Berry and others identify post-materialist organizations as replacing political parties and unions in organizing people; here I contend that traditional membership associations like the Elks might be included with political parties and unions. 3. See Deborah Stone for a conversation on the issue framing and its importance: Stone, Policy Paradox: The Art of Political Decision Making, 3rd Edition (New York: W. W. Norton & Company, July 20, 2001), 248. 4. Charles Babington, “Ruling on Fire Fighters Could Be Costly: Officials Say Montgomery Will Have to Pay Millions More,” Washington Post, 14 July 1993, sec. C, p. 5. 5. James Sherk, The Heritage Foundation: Policy Review, May–June, 1996. 6. Chuck Ervin, “Firefighters’ Dispute is Growing More Heated,” The Tulsa World, 2 August 2002, p. A14.

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7. David Weber, “Man Sues ex-Scout Leader, Supervisor Over Molestation,” The Boston Herald, 5 December 2001, p. 15; “Boy Scout Facts,” Omaha World Herald, 4 September 2000; Debra Nussbaum, “Watch Your Step Protect Yourself From Lawsuits in Volunteer Work,” The Chicago Tribune, 28 June 1996, p. 1; Amy Saltzman, Robin M. Bennfield, and Rita Rubin, “A Heads Up for the Good-Hearted,” U.S. News & World Report, 27 November 1995, Vol. 119, No. 21, p. 93, 95; “No Diving! We Can’t Afford the Liability Insurance,” The Washington Post, 10 May 1987, p. 8. 8. Jill Leovy, “Northridge Boy Scouts Deal with Volunteer Shortages,” Los Angeles Times, Valley Edition, 25 May 1997, Metro sec. B. 9. Putnam, Bowling Alone. 10. James B. Jacobs, Drunk Driving. 11. Non-membership is referring to organizations that have a membership but rely exclusively on members’ monetary donations and dues rather than face-to-face meetings on a regular basis. 12. Theda Skocpol, Diminishing Democracy. 13. For Elk membership numbers, see Putnam, Bowling Alone and Skocpol, Diminishing Democracy. For description of MADD membership, see Skocpol and Fiorina, Civic Engagement in American Democracy, 478. 14. See Chapter 2 for a full discussion of Elk ritual and its failure to appeal to younger generations. 15. Strictly speaking American DUI policies fall under the umbrella of criminal justice, but it just as easily could have fallen under public health or quality of life issues that are considered post-materialist. This is largely due to the success of MADD in framing the issue. Moreover, only now in the first decade of the 21st century is society beginning to reconsider non-violent substance abuse crimes as a public health issue. 16. I am referring to associations in the fraternal tradition—Moose, Eagles, Masons, Knights of Columbus, and even Veterans of Foreign Wars (VFW), American Legion Posts, and some volunteer fire companies that have firehouse bars. 17. I am referring to Rogers M. Smith’s development and explanation of the American tradition of hierarchies that excluded based on race, gender, and other “ascribed characteristics.” See Rogers M. Smith, Civic Ideals: Conflicting Versions of Citizenship in U.S. History (New Haven and London: Yale University Press, 1999).

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Index

Aaron, Paul, 30 advocacy groups, x, 71, 72–73, 74, 77, 78, 126 alcohol consumption, x, 4, 5, 21, 29, 30, 41, 48, 83, 89, 124, 127 Association of Trial Lawyers of America, 122 The Atlantic Monthly, 37 Babchuck, Nicholas, 39, 46 bar members, 94, 98, 106, 106–107, 111 Barnum’s Museum, 21 Baumgartner, Frank, 72 Benevolent and Protective Order of the Elk (B.P.O.E.), ix, x, 1, 19, 20, 21, 22, 23, 40, 41. See also Elks Berry, Jeffrey, 74–75, 77 blood alcohol content, 10 Blumenthal, Albert, 39 The Boy Scouts of America, 33, 122, 123 Brooks, Arthur, 67 Brooks, Mel, 21 Bukowski, Charles, 5 Busch, Clarence, 53 Campbell, Louise, 9 Charles, Jeffrey, 45, 47 citizen group, 71, 72–73, 73, 75, 77, 78, 124, 125 civil society, viii, 9, 11, 23, 35, 37, 44, 48, 59, 109, 110–111, 119, 121, 122, 124,

126 Civil War, 9, 13, 38 Clawson, Mary Ann, 29–30, 38, 39, 40, 43, 45 convivial, 11, 21, 29, 32, 35, 38, 98, 102, 107, 111, 113 cross-class association, 111 cross-class membership, viii, ix, x, 14, 47, 71, 73, 78 Darrah, Duane Delamar, 29 dinner parties, 122 DOES, 39, 45 dram shop laws, 11, 104, 122 Driving Under the Influence (DUI), ix–x, x–xi, 1, 1–2, 4, 6, 7, 8, 9–11, 11–12, 31, 48, 53, 59, 61, 62, 63, 67, 83, 83–84, 85, 86, 87, 88, 91, 92, 93, 94, 95, 96, 97, 98, 99, 102, 104, 105, 106, 106–107, 109, 115, 119, 120, 123–124, 124, 125, 126 DWI. See Driving Under the Influence eleven o’clock toast, 25 Elk bar, ix, x, 1, 2–4, 4–5, 6, 7, 8, 29, 30–31, 31–32, 32, 32–33, 34, 35, 41, 91, 93, 94, 95, 96, 97, 98, 99, 100, 100–101, 102, 103, 103–104, 104–105, 105–106, 106–107, 110, 111, 112, 113, 114, 115, 120, 122, 124

137

138

Index

Elk charitable work, viii, x, 6, 24, 32, 33, 35, 38, 41, 44, 92, 106, 107, 109, 110, 111, 112, 113 Elk chairs, 7, 13, 24, 114 elkers, 98, 106–107, 111, 114 Elk Grand Lodge, 22, 23, 26, 33, 94, 112 Elk lodge, vii, viii, 6, 8, 11, 24, 31, 34, 42, 48, 91, 92, 105, 107, 110, 126; Arizona, 5, 6; California (see Exalted Ruler); Florida (see Exalted Ruler); Maine, 6, 41, 42, 103; Nebraska, 7; Tennessee, 5; Vermont, 2–4 Elk National Headquarters, 26 Elks field, viii, 4, 128 Exalted Ruler, vii, 1, 5, 7, 13, 23–24, 24, 91, 93; California, 1, 12, 31, 32, 33, 34, 43, 91, 92, 93, 93–94, 94, 95, 95–96, 97, 97–98, 99, 100, 101, 102, 103, 106, 107, 109, 110, 111–112, 112, 113, 114; Florida, 12, 32, 33, 34, 43, 91, 93, 94, 95, 97, 98, 100, 101, 101–102, 102, 103, 104, 106, 107, 109, 112, 113, 114, 119; Nebraska, 6, 7

Harper’s, 47 Hawkins, Gordon J., 84 heavy drinkers, 95, 97, 98, 106 Helpman, Elhanam, 72 Heritage Foundation, 121 Highway Safety Act of 1966, 85 Howard Barnes Bill, 87

Federal Fair Labor Standards Act, 120–121, 121 Federalist No. 10, 73 Federal 21 Minimum Drinking Age Bill, 87 Fehrenbach, T.R., 21 Fiske, Fredrick, 23, 24, 25, 30–31, 41, 42 Fourteenth Amendment, 42 fraternal association, x, 2, 12, 13, 22, 24, 25, 29–30, 30, 31, 35, 37–38, 38–40, 40, 41, 42, 42–43, 44, 45, 45–46, 46, 47, 48, 48–49, 93, 106, 107, 114, 115 freemasonry, 29

King, David, 76 The Kiwanis, 44, 47, 106

Gallup, 61 Gender, 40, 91, 114 Gerber, Elisabeth, 72 G.I. Bill, 9, 10 The Girl Scouts of America, 33 Gist, Noel, 42 grassroots, x, 54, 55, 59, 59–60, 60–61, 66, 67, 88, 126 Grossman, Gene M., 72 Harger, Charles Moreau, 37, 38

Ingram, Helen, 8 interest group: definition, 71–73, 73–74, 74, 78; inside strategy, 55, 59, 60, 66, 76; outside strategy, 55, 59; purposive benefits, 75; solidary benefits, 75 International Association of Fire Fighters, 121 Irivs, K. Leroy, 41 iron triangles, 62 issue networks, 62 Jacobs, James B., 84, 86, 87, 88 Jolly Corks, x, 19, 20, 21, 25, 26, 29, 37, 48–49, 53 Judas, John, 74

Leech, Beth L., 72 Levy Foundation, 59 Lewis, Sinclair, 5, 128 Lightner, Candy, 53, 59 Lightner, Cari, 53 The Lions Club, 47, 115 liquor by the drink, 5, 7 Marshall, Robert L., 86 The Masons, 24, 29, 35, 43, 115, 128 McCarthy, John D., 54, 55, 67, 87 Merz, Charles, 49 Mettler, Suzanne, 9 Michels, Robert, 42 Montcalm Avenue, vii Mothers Against Drunk Driving (MADD), ix, x, 11, 53, 54, 55, 59, 62, 63, 71, 83, 115, 119; headquarters, 60; Supreme Court, 60, 87 Murty, Komanduri S., 83–84, 85, 86

Index National Highway Safety Bureau (NHSB), 85 National Highway Traffic Safety Administration (NHTSA), 62, 63, 85–86; Alcohol Safety Action Program, 86 The New Republic, 38 night clubbers, 98 O’Connor, Flannery, 128 Odd Fellows, 29–30 oligarchy, 37, 42–44, 48 patriotism, 25–26, 109 patron, 55, 60, 74, 76 Pflugrad-Jackisch, Ami, 13 policy feedback, 9, 11 post-materialist public policies, 126 Putnam, Robert, vii, ix, 6, 19, 47, 100, 115; social capital, 95 Putney, Clifford, 24, 38, 40 race, 40, 114 racism, 45, 48 Rathgeb, Steven, 8 Reagan, Ronald, 59, 61, 63, 86, 87 Red Menace, 26 Rehnquist, William, 41–42 ritual, 2, 24, 25, 30, 38, 39, 40, 43, 45, 46, 48, 93, 115, 125 Roebuck, Julian B., 83–84, 85, 86 Ross, H. Laurence, 62, 63, 84, 86 The Rotary Club, 44, 47, 106 Sabbath Laws, x, 20 The Salvation Army, 45 Sayers, Dorothy, vii; Peter Wimsey, vii service organizations, 47, 106

139

sexism, 45, 48 Schlozman, 73, 74 Schmidt, Alvin J., 39, 42–43, 46 Skocpol, Theda, 62, 74, 75, 102, 124 smoking bans, ix, 11, 91, 92, 99, 100, 101, 102, 103, 104, 105, 107, 120 social capital, 19, 21, 29, 89, 96, 107, 109, 110, 111, 113, 120, 121, 123 Social Security, 9, 10, 11 Soss, Joe, 9, 10 SPSS curvefit, 2 Swanson, Debra H., 55 Tierney, John T., 72, 73, 74 time constraints, 105, 107, 126 Tocqueville, Alexis, 19, 128 two hatters, 121 Uniform Crime Reports, 2 U.S. Department of Health and Human Services, 84 U.S. Department of Transportation, 84, 85 Veblen, Thornstien, 37 Vivian, Charles Algernon Sidney, 20, 21, 22 volunteer firefighters, 120–121 Walker, Jack, 55, 59–60, 72, 73, 75–76, 76 Weed, Frank, 54, 64–66, 66–67 Whalen, William, 20 white clause, x, 37, 41, 42, 43, 107, 127 Wolfson, Mark, 54, 55, 87 World War I, 25–26 World War II, 25 Zimring, Franklin E., 84, 87