Never Mind The Law: The NYC Cop Will Ticket You For Not Disobeying It
Vivian Yee writes at NYTimes.com of a law student, Andrew Rausa, and a few of his friends, who got ticketed for drinking in public when they didn't actually meet New York's definition of drinking in public. (They were drinking on a stoop, behind a wrought-iron gate. One of those ticketed was apparently drinking a soda in a plastic cup.)
Meanwhile, Mr. Rausa, who will enter his third year at Brooklyn Law School this fall, had pulled out his iPhone to study the New York administrative code, which defines a public place as one "to which the public or a substantial group of persons has access, including, but not limited to," a park, sidewalk or beach. Exceptions include drinking at a block party or "similar function for which a permit has been obtained" or places with liquor licenses.Holding his phone, Mr. Rausa approached the officer, who had returned to his car, and said that because he was sitting on a private stoop behind a gate, he was not breaking the law.
"I don't care what the law says, you're getting a summons," the officer said before rolling up his window, according to Mr. Rausa.
...Steven Banks, the chief lawyer for the Legal Aid Society, said that in Mr. Rausa's case the open-container law should not have extended to the stoop because it was private property. "This is representative of the kind of overpolicing that detracts from focusing on real serious problems," Mr. Banks said.
Hey, why run after a purse snatcher and break a sweat and all when you can just pass out tickets to a bunch of law-abiding people on a stoop?
Oh, and there's some dispute in the comments below the piece as to whether the stoop actually is private property, but commenter Mike from Italy has it right:
The point is not whether the stoop is private property, or not. The point is that the NYPD has so much time and money as to drive around neighborhoods looking for hyper-technical violations of petty statutes. Don't they have something else to do? Two cops and a car? What does that cost? I'm not sure it's possible to walk down the street in the US any more without breaking the law. We have gotten very far away from what this country is about. And the cops wonder why they are hated.







The broken window theory of policing is good in concept. The problem occurs when you have overzealous policing for every minor infraction.
This is an example.
Jim P. at July 14, 2012 10:55 PM
They can't control us until they turn us all into criminals. Anyone who still buys the "I'm innocent, and I won't be punished because the truth will prevail." should have a chat with the guys from the Duke Lacrosse team, or George Zimmerman. All it takes is for you to look cross-eyed at the wrong person with a Napoleon complex, and your life is ruined.
I used to have friends over all the time. We would sit on my front porch, have a few beers and listen to music (not too loud, and always off before 10pm). I was a considerate neighbor. I had one of those crabby neighbors that no matter what, they would complain, so I always knew I was going to get a visit right around sunset. The cops would pull up, look everyone over to see if we had magically turned under-21 again (I wish!) and then shake their heads and drive away.
My last party at that house was a special one, in the crabby neighbor's honor. I asked my friends to bring the most craptastic music they could find, and about 2pm I started *blasting* it. Shatner's "Lucy in the sky with Diamonds", Nimoy's "Hobbit" song, Doris Day, Tiny Tim. But the absolute winner for 'worst ever sound dragged from a dying cow being thrown from a plane' was the French Bagpipe Music. That was terribad. I played that album twice ^^
Kat at July 14, 2012 11:54 PM
"There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt." - from Ayn Rand's Atlas Shrugged
Rex Little at July 15, 2012 12:26 AM
"Hey, why run after a purse snatcher and break a sweat and all when you can just pass out tickets to a bunch of law-abiding people on a stoop?"
"...the NYPD has so much time and money as to drive around neighborhoods looking for hyper-technical violations of petty statutes."
Giving tickets to or arresting peaceful citizens is a lot safer than confronting actual criminals who might fight back. And every modern, professional law enforcement officer knows that his first and foremost duty is to keep himself safe.
"This is representative of the kind of overpolicing..."
Overpolicing. I'm so tired of hearing that term. That's just a symptom partly caused by too many cops completely lacking maturity, character and integrity. Very few cops are morally qualified to be cops. Many of them act like punks, bullies and thugs, and some are outright criminals. And all the rest look the other way or actively support and cover up for them.
Any police officer or other law enforcement officer who cannot or will not do his or her job without committing crimes against other people is a shit stain on society that needs to be wiped up.
Ken R at July 15, 2012 2:47 AM
I wish the police would see that this sort of thing hurts them as much as it hurt everyone else.
People just hitting legal drinking age now barely remember 9/11. When they see cops, they don't think, "They're heroes who ran into collapsing buildings to save people's lives." They think, "That guys reminds me of the prick who gave me a ticket for drinking beer on my own stoop."
If we're subjected to this sort of petty thuggery even once, when big things happen, like police corruption scandals and charges of brutality, few people are inclined to side with the cops when they say things like, "We're not all like that." No amount of "Meet Officer Bob, your friendly neighborhood police officer" PR crap is going to override the memory of a personal injustice.
MonicaP at July 15, 2012 5:29 AM
Shame they can't sue the city, or that cop.
Patrick at July 15, 2012 6:12 AM
I'm sorry officer, I don't have to identify myself (or talk to you). I'm on private property and not breaking any law. Thank you for your time and concern.
DrCos at July 15, 2012 7:17 AM
Ok, 've just been lurking for ages, but I gotta ask: Can anyone in the US explain the purpose of a law that prohibits drinking in public?
Here, in Switzerland, I often see someone in the train having an after-work beer. I've been known to take a bottle of beer with me when walking the dogs in the evening, after a long day. People in parks or at the beach will have a picnic, including a nice bottle of wine.
What weird puritan streak makes this illegal in the US???
bradley13 at July 15, 2012 10:57 AM
Amy Alkon
http://www.advicegoddess.com/archives/2012/07/15/never_mind_the.html#comment-3263577">comment from bradley13Exactly right, Bradley13. We should punish destructive behavior -- like if you get so drunk that you start hurling trash cans into car windshields -- not the mere possibility of it. It’s also possible to use your hands to slug someone without provocation. Are we going to start ticketing people for having hands?
Amy Alkon
at July 15, 2012 11:10 AM
It's silly in part because it's so arbitrary. I can drink in public if I'm at an outdoor restaurant, for example. So if I'm drinking at an establishment that pays the government its protection fee...I mean license fee...I can have a glass of wine in full view of everyone.
MonicaP at July 15, 2012 11:23 AM
But don't you see? New York, CA, Illinois, all run by leftists. Not Dems or Repubs, leftists (though nominally Dems).
Stinky the Clown at July 15, 2012 12:20 PM
After wading through some of the comments about this story on several blogs and forums, I found it interesting that both sides are pointing the finger at each other.
Right-leaning people say it's because this is the result of Big Government. Left-leaning people say this is the result of the heavy-handed law-and-order society conservatives love. The mayor of New York is a Democrat-turned Republican-turned-Independent (in others words, an opportunist), so I'm not sure where that leaves us.
Personally, I think it's because New York City really needs the cash.
Telling people you're going to raise their taxes will get you bound, gagged and tossed into a river. But charging people fines goes under the radar, because people think, "If I don't break the law, I won't have to pay the fine. Only those OTHER people will have to pay it." Except it's impossible to not break the law, so we all fail. It's a sneaky way of raising taxes without becoming that guy who raised taxes.
MonicaP at July 15, 2012 12:57 PM
Bradley:
the purpose of a law that prohibits drinking in public?
My understanding is that it's not quite puritanical, but more caste-based. To prevent the bums/hobos from basically falling all over the street drunk.
At least, that's how it started.
Kind of why it's illegal to sleep under the bridges, tends not to affect most of the important people.
Unix-Jedi at July 15, 2012 2:37 PM
There was an issue in Texas awhile back where the cops were arresting patrons of a bar INSIDE a hotel, for public intoxication.
How stupid can you get?
Robert at July 16, 2012 2:45 PM
There was an issue in Texas awhile back where the cops were arresting patrons of a bar INSIDE a hotel, for public intoxication.
How stupid can you get?
How drunk were they? Why were the cops there?
Steve Daniels at July 16, 2012 3:28 PM
Easy bust Steve.
Robert at July 17, 2012 2:23 AM
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