Councils OKs Change to Drinking Ordinance

The City Council approved another change to its public-drinking ordinance this week, after rescinding a more restrictive version and hearing from angry residents quoting from the Declaration of Independence and the Constitution.

“I neither drink nor do I smoke, but I deeply believe in personal liberty and the rights of our citizens,� resident Jerry Jones told the council Monday night.

Most of the dozen other speakers sympathized with police, but said the amendment passed May 5 went too far and infringed on the rights of property owners.

After years of what police called riot-like conditions on July 4, with drunken youths at times throwing rocks and bottles at officers and setting furniture ablaze in the street, the department enacted a zero-tolerance policy on public drinking last Independence Day.

Officers arrested 238 people but a municipal judge threw out four cases because the drinking ordinance was unconstitutionally vague in its definition of “public place.�

To address the glitch, the council passed an amendment to the ordinance, saying it would be illegal any day of the year for even property owners and their guests to drink on unenclosed front lawns or open garages. Raised porches, balconies and fenced yards would be OK, though.

After a storm of criticism, the mayor, city attorney and police chief met and hammered out a new version. The latest amendment prohibits drinking on public property all year, and extends the prohibition to some private property only downtown and only from noon July 3 to noon July 6.

Councilman Tom Harman said the amendment was still too broad, and asked to shorten the time limits.

But the council passed the latest amendment 4 to 3, with Harman and councilmen Dave Sullivan and Dave Garofalo opposing. The ordinance will come up for final approval June 2.