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?
You can see my living room. Does that count as accessible? WHERE WILL IT END?!
Whenever the owners of the Quincy House want to drink on the stoop, they should put one of those expandable pet/baby gates across the threshold, rendering the stoop “private property.” Problem solved!
“I looked up “killjoy” in wikepedia and harriet’s picture was there!!!!”
I am not advocating ticketing bars! I strongly support that people enjoy the rights of their property, and your stoop is your own property (uh, except in Carroll Gardens, where they are technically public property). I agree with cortnyc:
“If someone can be arrested for trespassing then its not a public place.”
I’m just afraid that if the police can bend the edges of private property, what will they do next?
harriet, I think it’s safe to assume liquor licenses of establishments with open windows and sidewalk tables cover the owners. Otherwise, the cops would be handing out tickets to them all day long. I don’t think they care how their daily ticket quota is filled.
I looked up “killjoy” in wikepedia and harriet’s picture was there!!!!
Like most things, this is loaded with class issues. No one’s going to be bothered by a couple having a glass of wine for a few minutes on their stoop. A group of young men drinking 40’s all night definitely has QOL impact. The problem is that the law has to be one-size-fits-all. Or the cops have to be smart enough to exercise some judgment,
Wait a second. Shouldn’t this law also apply to all restaurants with tables on the sidewalks or visible for the sidewalks? What about bars with open windows? What about bars like The Gate on 5th Avenue?
Since arenas are considered “public spaces,” then following the new logic, shouldn’t drinks be disallowed there?
I understand that the law is helpful to some people who can get the police to help when there’s serious disruption going on. It seems to me that people should talk to their Community Cops – for instance on marathon days, there are parties galore with loud sound systems, beer, etc. & the cops don’t interfere. Patently it’s up to the discretion of individual officers so maybe polite interaction w/ the given cop would get him (or her) to back off.
Or maybe the solution is to keep a supply of brown paper bags readily available.
LionBalls…you have a much different problem than the one described here. Perhaps the law needs to be changed to one of congregating.
One person sitting on his/her stoop with a glass of wine is one thing….a bunch of rowdy guys (3, 4, or however many) is a different issue. It becomes an issue of “disturbing the peace.”