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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. But Biff, shouldn’t the application of the law be uniform for everyone it applies to?

    Maybe we found our solution – if you’re going to induldge in a drink on your stoop, just put on an Iron Maiden cut off t-shirt and look really unfriendly.

  2. L’Balls you do have a flair for the dramatic. You have us going from sitting on our stoops with a drink having polite conversations with friends and neighbors to full on sex and pooping.

    “and lets totally ignore escalation, because that never happens right?”

    No one is saying that things never escalate. However, perhaps we should address things ONCE they escalate not in anticipation of it.

    Or perhaps you’re speaking from experience. Does your behavior tend to escalate that drastically when you’ve been exposed to people enjoying libations?

  3. A Guest, you may have answered your own question. If you were a cop needing to hand out tickets, it’s a lot less stressful (threatening) issuing one to one person drinking merlot on their stoop than “a bunch of scary metal heads pounding jameson and drinking PBR”.

  4. Dave, no, I haven’t noticed any cops waking by while I’ve sat there with a drink. Then again, I can’t say I’ve seen many beat cops in BH, other than around the Promenade during the Macy’s fireworks.

    I think putting the drinks in a mug or clear cup might be the easiest solution.

  5. All of this talk of public drinking can’t help but make me think of a bar in my neighborhood called “Duff’s” It’s a dirty metal bar on North 3rd btw Kent and the East River (across from the 114 kent conversion) People frequently drink in the middle of north 3rd street, outside of the bar area. Last time I got dragged there, there was literally 100 people in the middle of the street. And oddly enough, the cops circled past every half hour or so, never ticketing anyone. If there was ever an opportunity to get some revenue for the city, this was it.

    I don’t see how someone drinking a nice merlot on their brownstone steps is more threatening than a bunch of scary metal heads pounding jameson and drinking PBR.

  6. itsagas has the best point: it’s a matter of police judgment. One person on his or her own stoop, getting obviously and publicly wasted, deserves a ticket (at the very least), as does the rowdy group. But a person or group of persons quietly imbibing? What is the threat to public peace or health in that? Can NYC police officers think of no single better use of their time and court resources?

    People who have been so stupidly ticketed should go to their community precinct meetings and loudly complain. Nearly everyone there will agree, and perhaps the precinct captain will be embarassed into stopping this idiocy.

    The City can earn some revenue by parking a cop in front of my house to ticket through trucks and moron honkers. $5,000 worth of uncontestable tickets in an hour, I promise! I will provide coffee and donuts to the officer.

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