More Tickets for Stoop Drinkers
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…
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?
Biff…was wondering…as you sat there with a drink have any beat cops actually walked by and seen you there??
I had some cops stop me on the way to a BYOB and inquire as to whether my wine bottle was open once. It was not and I went on ticketless.
lol, hillarious.
Theres no question the situation is a sticky one, and we can all come up with scenarios to test what is and isnt ok…
end of the day, there is some degree of public order involved. And the problem of WHO to apply a ticket to is where class does come into affect. Of course you feel entitled to drink on your stoop.. i mean omg its your stoop. hell, you shuold be able to have sex there too right? full on doggystyle maybe? and heck, since you can drink, may as well have the whole liquer cabinet out.. put a keg on the stoop, whats it matter? its your right isnt it?
Or maybe we should have the law tailored… its ok to have a glass of wine, but not a case, its ok to have a stella, but not a 40, its ok to have missionary, but not cowgirl. Cause these sorts of tailored laws wouldnt be elitist/classist, nor abused by the cops… like… ever.
and lets totally ignore escalation, because that never happens right?
Maybe we should allow people to do whatever they want (short of murder) on their stoops… sex, drinking, drums, pooping (with a proper toilet), etc…
At some point you have to understand that your stoop 5 feet off the street is not analgamous to a front yard with 20 feet, a picket fence, a hedge and a tree (and even then there are some rules).
i mean, i get it… your ticked off cause some cop didnt make a good judgement call and not harass someone who was being totally chill and not disturbing anyone, but should that make it ok? i dont think so. Its like getting a speed ticket for going 1 mph over the limit… totally BS, but a rule that does exist for the greater good.
–LionBalls
bklynbred, I occasionally have a beer or glass of wine (or mixed drink) on my stoop in Brooklyn Heights and have never been approached by a cop, nor am I aware of it having happened to any of my neighbors – I don’t know if others in my area have had a different experience, but I would be curious to know.
Interesting question, A Guest. Are Park Slope and Brooklyn Heights stoop drinkers being ticketed as well (and as frequently)? Wondering…
Does this only happen in certain neighborhoods? I live in Williamsburg and frequently drink beer on my stoop with a few friends, and had cops pass by and not given us a second glance. And no, my stoop doesn’t have a gate, and frequently someone was standing just off the stoop, on the sidewalk.
bayridgegirl, that’s an obvious no-no. But if you were to stick your lower half out the window, you should be fine. Of course, please remember to cover yourself up appropriately lest you be given a ticket for indecent exposure.
What if you’re hanging out your window, having a drink?
From the waist down your on inside (clearly private property), waist up your outside with the drink…..hhhmmmm.
Fight it. This is one of the most stupid tickets that the police have been handing out lately. A lot of people have had them dismissed and people really need to keep making a stink about it if it is going to go away.
My husband was ticketed several years ago for drinking a beer on our stoop. He was just home from work, wearing a suit and tie, sitting at the top of our stoop, drinking a Guiness. He showed his license to the police to prove that he lived there and offered to show them the title to the hosue to prove we owned it. They didn’t care. He fought it and the ticket was thrown out. But what about me? I’m a non-drinker who’s been known to throw back the occasional Klaustheler non-alcoholic beer. Are they going to try to ticket me as well now, for consuming a beer emulating substance on my own steps? This is absurd. What if you are drinking apple juice from a wine glass? We thought my husband’s run in was an isolated incident with a power tripping beat cop. Which is what the judge thought when he dismissed the ticket (fwiw, he had to go to court in Manhattan though the ticket was issued in Brooklyn).