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Despite, or maybe because of, the publicity generated by our post a couple of weeks ago and the subsequent NY Times article, tickets for drinking on stoops continue. A tipster sent us this note: “Tuesday night, Sept. 9th, myself and three friends were ticketed $45 each for drinking three beers (one of us was not actually drinking, and there were only three beers open) citing that we were visible from the street when the police drove by. Just wondering how much this has been happening lately. We all plan to contest the ruling, but wondering how much we would spend on court costs. The house on Quincy between Bedford and Nostrand [in the photo above] has a three to four foot overhang from the second floor deck, which we were under, definitely not a public place.” According to the Times piece, “The city’s open-container law prohibits anyone from drinking an alcoholic beverage, or possessing and intending to drink from an open container containing an alcoholic beverage, ‘in any public place.’ The law defines a public place as one ‘to which the public or a substantial group of persons has access, including, but not limited to,’ a sidewalk, street or park.” Access seems to be the gray word, here. A stoop is visible to the public, but accessible? What do you think? Should we fight for our right to party?


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  1. Hahaha Brownstoner party @ Duff’s!!

    I just think Duff’s is more of a testament to the lawlessness of Williamsburg, where Clowns, Pandas and people wielding machetes roam the streets while drinking canned beer and jameson.

  2. TownhouseLady, L’Balls is right. One minute you’re on your stoop having a glass of Merlot and the next minute you turn into the Incredible Hulk or the guy from Reefer Madness!! One time I recall seeing a yuppie on Garden Place sipping a Heineken and when I turned around two minutes later, it was like a scene from Caligula.

    A Guest, touche! Either that or we can move our stoops to the middle of north 3rd street, outside of Duff’s, which appears to be a ticket-free zone!

  3. 🙂

    no doubt there was dramtic flair there, but the point remains, drafting a law to actually specify what types of drinking (or other activities) are and arent exceptable is ludicrous at best, and would be incredibly contentious. Because guess what, class issues would be all over the legislation, everyone would get up in arms over what would almost certainly be a law that at the minimum (looks) to be terribly elitist, when the simplest thing is, just dont be obviously drinking on your stoop (put it in a glass… i mean you do LIVE there, so its not like you dont have access to a mug).

    And no, i DONT drink on my stoop, i drink in my apartment or in my backyard. I have an issue with people drinking in front of my place as it is (who arent “hurting” anybody), and i prefer not to encourage it or give it any degree of legitimacy… indeed i’d be a total hippocrite if i did.

    and while it may be your property, its not terribly private is it? if it were, there wouldnt be an issue to talk about. this is NY, where the abutment of private and public is a real continuous problem (first floor apt bedroom & no drapes?), no need to exacerbate the issue by believing you have some god-given right to act entirely as you please where you are openly and completely viewable to every man woman AND child, expecially when there are several easy, no-cost, amenable solutions.

    There simply ARE limits, and i think its entirly reasonable to say to people.. please keep the drinking inside (or at least dont look like your drinking so some degree of decorum is preserved for the neighborhood).

    –LionBalls

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