Man Sues Mass. for Right to Get Drunk (on private property)

[aden_nak]

http://news.yahoo.com/s/ap/20050708/ap_on_fe_st/right_to_get_drunk

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A man arrested when police showed up to break up a New Year's Eve party at a friend's house has filed a lawsuit, arguing he had a constitutional right to get drunk on private property as long as he didn't cause a public disturbance.

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When the partygoers denied throwing bottles, Laverriere said, the officers became angry, prompting him to pick up a friend's camera and start videotaping. Laverriere told the Globe that Officer Jorge Orta ripped the camera from his hands and threw him to the floor, injuring his shoulder.

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[Squatch]

1. Amendment 4, paragraph 2

<snip>and get drunk on their private property.<snip>

Known as the Sam Adams clause. He was a true patriot.

[youspeakmylanguage]

2. People don't believe it...

...but it actually is illegal almost everywhere to willfully become intoxicated, regardless of the circumstances. That includes in a bar and in the privacy of your own home.

[fob]

3. I don't believe it. Can you cite a law for a single municipality?

Thanks.

[youspeakmylanguage]

8. I can't find an example now...

...so you might be right. I always assumed that getting drunk was technically against the law no matter what you're doing.

[Toots]

26. Public drunkeness is usually illegal but not on your own property

They have no right to come on your property for purpose of keeping you sober. Our right to Privacy takes precedence. Now if you are creating a nuisance because of your drunkeness then that is a different story.

[Solo_in_MD]

11. Try Maryland

In MD it is illegal to operate a vehicle while intoxicated even on private property. This includes licensed vehicles and unlicensed farm machinery.

No citation for you but recently I had the privilege of sitting in traffic court for a while. A guy had been arrested for DUI. He acknowledged he was intoxicated but claimed since he was on private property that he could not be cited. The judge read the law to him and then found him guilty.

[napi21]

13. That example involves a vehicle. I cnan see that, because

you're actually on private property when you're in the Walmart parking lot! I don't want a drunk running into me there either.

I got the impression the poster said it was against the law in most places to intentionally get intoxicated even on private property. I question that!

[Straight Shooter]

14. So, how many times has bush broken the law?

He admitted to being a perpetual drunk from the age of, what, 18 until he was 40?

[Vuem]

16. It's not the case in CA, where it's only in public PC 647(f)

And then only when the individual in question is unable to care for his/her own welfare. This easily includes staggering, slurred speech, etc...

[slackmaster]

18. I know of people who collect SDI and SSI due to alcoholism

State Disability Insurance will pay claims for people who are medically diagnosed as disabled due to drinking problems. A lot of people collect federal SSI payments because their drinking makes them unable to work.

[Vuem]

19. They're still subject to arrest if they're drunk in public.

[ClusterFreak]

4. ...represented by the law firm of "Daniels, Walker, Beam & Wiser"??

:rofl:

[WhiteTara]

20. Hey CLS welcome to DU

glad to see you have a sense of humor. We need that here!
:hi:

[absolutezero]

5. Amendment 21

Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

I agree with the cops and the state on this one, even though the law itself is crap. The government shouldn't be babysitting us

[shraby]

6. Note that the statute says

"in violation of the laws thereof". If there isn't a law stating that he can't get intoxicated on private property, he most certainly has that right.

[Journeyman]

7. Amendment 21 repealed Amendment 18. . .

which established Federal laws against importing and imbibing alcoholic beverages. Amendment 21 got rid of all federal laws against alcohol, but let stand all State proscriptions against it.

So unless there's a Massachusetts' statute against getting drunk in the circumstances this guy did, then he has the legal right to drink himself into oblivion.

[Ian David]

12. I suppose he could argue fair practices and malicious prosecution

How often is the law applied?

How many instances has this officer responded to where he has NOT cited this law?

Was the cop merely using the law to retaliate for being videotaped or insulted?

[MadisonProgressive]

24. That law only applies to transportation/importation - not consumption

[muriel_volestrangler]

9. The burden of proof is on the police

"The Protective Custody Law, enacted in 1971, replaced a Colonial-era law that made public drunkenness a crime. It authorizes police to hold people against their will for up to 12 hours if they are drunk and a danger to themselves or others."

They're going to have to prove he seemed a danger - and there were other witnesses. I hope they stand up for him - the law sounds draconian. If someone is a danger, maybe they should be arrested. Their state of drunkenness is irrelevant.

[newscott]

10. There used to be a guy in my town

who was like Otis from Andy Griffith. He was always being taken into "protective custody" by the police. Town drunk basically.

Used be able to keep tabs by reading the weekly police report in my local newspaper.

[Gormy Cuss]

15. Problem in the wording of the law

www.boston.com/globe
According to the Boston Globe article:

"The state's Protective Custody Law, enacted in 1971, replaced a law dating back to Colonial times that made public drunkenness a crime, subject to arrest, conviction, and a criminal record. The law, which does not explicitly say whether it applies to those in public or in private, authorizes police to take incapacitated people to their homes, a treatment facility, or a police station, where they can be held against their will for up to 12 hours.

Under the law, people have to be drunk and deemed to be a danger to themselves or others. They are not charged with a crime."

It sounds like the charge here was really just Annoying a Cop.

[Occulus]

22. Danger to others.

The police were in danger of being unable to properly do their jobs because he was in posession of an operating video camera.

:sarcasm:

[Robb]

17. Here's a question:

...If they weren't causing a disturbance, what made the cops decide to show up? On New Year's Eve, when they're busier than #&^%$? :shrug:

[Maat]

21. My friend the cop says that in Cal you have to be on public property ..

to get arrested.

I'm giggling ... because the cops in my neighborhood are alway tanked up ... at their homes.

But, in an emergency, they always seem to be able to help.

And they have that nice automatic weapon in the back of the squad car they tend to bring home.

So, don't come to my neighborhood to harass me (just kidding, Agent Mike).

[SouthernDem2004]

23. Most state have these laws if not all.

In my state "public" means in the presence of two or more people. It does not matter if it is on private property.

Remember, there are three sides to every story....

[Solon]

25. Wait a second...

does that mean every single house party I have ever been to has been illegal? At least half of us were drunk, though we took a few precautions at the parties themselves. Like you HAD to crash there, turned in your keys to the door man(me, usually), I threw the keys in a jar, and hid the thing on top of the fridge towards the back. Mornings(ok, usually afternoons) were hell, but at least everyone was safe, and sober, when they eventually drove home.

[SouthernDem2004]

27. The law is selectively used. As long as you are not causing a disturbance

or may be a harm to yourself or others then you are okay.