Houston radio talk show host Michael Berry has raised a lot of eyebrows with his latest radio campaign.

The controversial host says he wants the state of Texas to repeal the open container law.

I called Berry Thursday afternoon and asked wasn’t he essentially promoting drinking and driving.  He said no.

Berry said he’s not  promoting drinking and driving no more than a gun permit is promoting killing.

Listeners say for the last two weeks or more Berry has been on a campaign on the airwaves to get the Texas law repealed.

He says it’s a trend he’s seeing around the country.

Berry says he will provide a written statement:

The Open Container Law – Is It Good Policy?

I do not condone drunk driving. It is a deadly practice. Innocent people die every day because of it.

Driving with an open container is not drunk driving, any more than owning a gun is committing murder. First, the container could be consumed by a passenger. Second, the driver may be drinking under his limit.

We all agree that drunk driving is deadly, and should be punished. I think most Americans believe a responsible adult of legal age should be able to drink a beer and drive responsibly, or at least to have a passenger do so.

The overreaction to the drunk driving problem has caused a loss of liberty, and has punished everyone because of the stupid actions of a few. This is the same mentality behind curfews and gun bans. Punish the criminal, not the responsible citizen.

Further, people tend to stop in bars instead of having a beer on the way home. This encourages over-consumption, which leads to drunk drivers.

If our goal is to promote public safety by reducing drunk driving, while balancing the goal of not enforcing a nanny state, it would be safer to allow citizens to open a beer on their drive home from work. In any case, at least there is no reason to ban an open container when the passenger is the drinker.

Drinking and driving is not the same as drunk driving. Drunk driving kills, drinking a beer on the way home doesn’t.