Complaint: Armed, off-duty officer was drinking in OTR

The Cincinnati Police Department has launched an internal investigation after a citizen made a complaint claiming an armed, off-duty officer was drinking in an Over-the-Rhine bar, despite the bar's no-weapons policy.

The owner of 16-Bit Bar + Arcade said that the incident was a "non-issue" until another officer accused the bar of being anti-police on social media.

Two off-duty officers were in plain clothes, though one wore a Fraternal Order of Police T-shirt, and drinking at 16-Bit Bar + Arcade when a customer approached employees and said one of the men had a gun, said Troy Allen, the bar's owner.

Ohio law allows people who are licensed to carry a concealed weapon to bring a gun into liquor-permit premises as long as they do not drink. However, permit-holders must keep their guns out of businesses, like 16-Bit, that post signs banning weapons.

A manager approached the off-duty officers and reiterated the bar's no-weapons policy, which is posted at the entrance of the establishment, and asked them to leave, Allen said.

"The individual who had the gun was great," Allen said. "It was the other officer who was with him who threw a fit and was cussing and saying we were targeting the police."

Allen said he is not the one who filed the complaint with the police department.

"When this happened, it was a non-issue," Allen said. "It wasn't until Tuesday that an officer with the Cincinnati Police Department posted on Facebook that we were anti-cop."

The bar then reached out to the police department to resolve the issue. "It's in their hands now," he said.

The department is conducting an investigation, said Tiffaney Hardy, public information officer for Cincinnati police.

It's unclear what, if any, charges an officer would face if he was found to be drinking in a bar while armed.

Many of the state laws concerning the legal carrying of weapons are directed at civilian concealed-carry permit holders.

Police officers are exempt from some of these laws, like the provision allowing businesses to ban concealed weapons on their premises by posting a sign, according to lawyer Sean Maloney with the Buckeye Firearms Association.

According the Ohio Revised Code, carrying weapons while under the influence alcohol is a misdemeanor offense. A charge of "possession of a firearm in a beer liquor permit premises" can be a felony, but many exemptions exist in this provision.

The Cincinnati Police Department was unavailable for comment regarding the department's specific policy on the matter.

The department's authorized weapons procedures prohibit officers from carrying firearms while under the influence of alcohol. It also cites the Ohio law that states officers are not allowed to consume alcohol and carry firearms unless the officer is "acting in the scope of their duties as a police officer."

The incident at 16-Bit was captured on audio and video surveillance but Allen would not release the recordings to The Enquirer. A request has been filed to Cincinnati police for the footage, the citizen's complaint, and the names of the officers involved.

"It is entirely irresponsible of one individual to label us as anti-cop when the officer was breaking the law and we fully support the men and women who protect us," a 16-Bit Facebook post read.

Commenters had mixed reactions to the two posts 16-Bit published about the incident. Some shared messages of support but others said they would no longer give the bar their business.

"What a shame, especially given the current climate in our community, that a Cincinnati police officer has chosen to wave the 'anti-cop' banner in an attempt to disparage this establishment to steer attention away from the fact that another officer was engaged in an illegal act," said Rob Gabbard of Pierce Township.

Gabbard said he has been to 16-Bit two or three times and likes the bar. He also added that he is a staunch supporter of the Cincinnati Police Department.

Staff writer Cameron Knight contributed.