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David Lewinnek
Member
Username: Davelew

Post Number: 148
Registered: 02-2005
Posted on Friday, July 08, 2005 - 02:15 pm:   Edit Post Delete Post View Post/Check IP    Ban Poster IP (Moderator/Admin only)

http://www.boston.com/news/local/massachusetts/articles/2005/07/08/lawsuit_asser ts_right_to_get_drunk_on_private_property/

excerpt:
"This week, in what legal experts believe to be a first-of-its-kind legal challenge, Laverriere filed suit against the Waltham Police Department in US District Court in Boston, contending that he has a constitutional right to get drunk on private property..."

Comments?
 

Chumley
Senior Member
Username: Chumley

Post Number: 3378
Registered: 02-2003
Posted on Friday, July 08, 2005 - 04:18 pm:   Edit Post Delete Post View Post/Check IP    Ban Poster IP (Moderator/Admin only)

One certainly has the right to get drunk on private property. However, most communities have noise ordinances and certainly throwing beer bottles at cars passing by is criminal conduct.

While this individual may be innocent, he was attending an event where laws were being violated. The police have the right to handle a situation where laws are being broken the way they see fit. I view this as no different than breaking up a riot on the street - if you are standing in a middle of a crowd that is breaking windows, tipping over cars, and throwing rocks at the police, and you are doing nothing, you can't expect the police to screen out the innocents from the guilty.
 

Geoff Buschur
Advanced Member
Username: Avmech

Post Number: 815
Registered: 06-2004
Posted on Friday, July 08, 2005 - 06:00 pm:   Edit Post Delete Post View Post/Check IP    Ban Poster IP (Moderator/Admin only)

IIRC the precedent has been set in most states that you have a right to drink, getting drunk is illegal no matter where you are. You have other rights that keep the police from knocking on your door and giving you a random breathalyzer. If, for whatever reason, the police do have a reason to come on to your property and you are drunk they can write you a ticket for whatever drinking law you broke along with the other laws you broke the brought them on to your property.

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