Should You Be Allowed to Drink In “Public” – Ever?

Should you be allowed to drink in public? Where does public begin? We’re about to find out, it seems.

Kimber VanRy is testing the waters. The 39 New Yorker sat down on his stoop to have a beer (a Sierra Nevada) when he was cited for drinking in public.

In New York, and other cities states, drinking a beer outside – even if it is on your stoop – is unlawful. The New York City 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.” That includes sidewalks, streets and park. The punishment for violations is a fine of no more than $25 or imprisonment of up to five days, or both.

VanRy plans to plead not guilty. He questions whether his stoop should qualify as a “public place” as defined by the law. VanRy’s lawyer says it’s a bigger question that whether it’s a simply a question of definitions, and more of a policy question that stems from treating what folks consider private property as public property. Apparently, the officer who ticketed VanRy stated that if the stoop had ben gated, he would not have been cited.

In cities like New York – and my own city of Philadelphia – stoops are like front porches for folks who don’t have porches. Should drinking there be okay?

What do you think? A good ticket? A fair law? What is fair to consider public or private when it comes to drinking? Do you drink in public? Check out the poll in the sidebar and leave your comment below!