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Lawsuit asserts right to get drunk on private property
Boston Globe ^
| July 8, 2005
| By Shelley Murphy, Globe Staff |
Posted on 07/08/2005 10:18:07 AM PDT by Dashing Dasher
Eric Laverriere was celebrating last New Year's Eve at a friend's house in Waltham when police broke up the party. They took him into protective custody and kept him locked in a cell for nine hours until the effects of a night of beer drinking wore off.
In what legal experts believe to be a first-of-its-kind legal challenge, Laverriere filed suit against the Waltham Police Department in US District Court in Boston, contending that he has a constitutional right to get drunk on private property ''so long as he causes no public disturbance."
Laverriere, a 25-year-old computer systems specialist from Portland, Maine, argues that the Massachusetts Protective Custody Law is intended to target public drunkenness and that Waltham police overstepped their bounds when they used it to seize him from a private residence.
''One thing people should be able to do is drink in their own house," Laverriere said in a phone interview yesterday. ''That's the beauty of the land of the free."
The state's Protective Custody Law, enacted in 1971, replaced a law dating back to Colonial times that made public drunkenness a crime, subject to arrest, conviction, and a criminal record. The law, which does not explicitly say whether it applies to those in public or in private, authorizes police to take incapacitated people to their homes, a treatment facility, or a police station, where they can be held against their will for up to 12 hours.
Under the law, people have to be drunk and deemed to be a danger to themselves or others. They are not charged with a crime.
Laverriere asserts in his lawsuit that he had ''a constitutional right to be drunk in private, a privacy and liberty right founded in the Due Process Clause of the Fourteenth Amendment to the US Constitution."
{SNIP}
(Excerpt) Read more at boston.com ...
TOPICS: Miscellaneous
KEYWORDS: drunkrights; unofficialsilliness
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To: patton
How can we be sure that is actually you....or which one is you?
161
posted on
07/08/2005 2:31:03 PM PDT
by
Feiny
(I put the purrr in freeper, baby)
To: feinswinesuksass
Oh, go the way DoD does - check my fingerprints, take a complete case history, interview my friends, neighbors, and relatives, look into my undershorts...
Or you can can my word for it. After all, to you, I am just some putz on the internet.
162
posted on
07/08/2005 2:33:23 PM PDT
by
patton
("Fool," said my Muse to me, "look in thy heart, and write.")
To: Modernman
How about we turn the tables for a minute.
I'll rent you out for $5,000 a night - and take 50%.
Here are your first four customers.
Ready?



163
posted on
07/08/2005 2:35:06 PM PDT
by
Dashing Dasher
(Summer isn't my favorite season.)
To: Dashing Dasher
164
posted on
07/08/2005 2:36:18 PM PDT
by
patton
("Fool," said my Muse to me, "look in thy heart, and write.")
To: patton
Nah, I prefer to remain drunk & confused.
165
posted on
07/08/2005 2:36:46 PM PDT
by
Feiny
(I put the purrr in freeper, baby)
To: Dashing Dasher
That first one is super creepy & it just gets worse...or better....I can't decide.
166
posted on
07/08/2005 2:38:36 PM PDT
by
Feiny
(I put the purrr in freeper, baby)
To: feinswinesuksass; Squantos
Or, to be honest and sincere, you can follow the same paradigm schools have followed in issueing PhD's for about a thousand years - ask someone who knows me in person.
Start with Squantos.
167
posted on
07/08/2005 2:38:38 PM PDT
by
patton
("Fool," said my Muse to me, "look in thy heart, and write.")
To: Dashing Dasher; All
ware doo i begin 2 comet on thes......(hic)
168
posted on
07/08/2005 2:38:59 PM PDT
by
dfwddr
(Spelling by Heineken)
To: dfwddr
169
posted on
07/08/2005 2:40:33 PM PDT
by
patton
("Fool," said my Muse to me, "look in thy heart, and write.")
To: Dashing Dasher; pissant; arasina
"Hiccup.... burp... barf..."(Eeww...Did that land on Pissant's rented tux?)
To: Dashing Dasher
How about we turn the tables for a minute. I'll rent you out for $5,000 a night - and take 50%. Here are your first four customers. If it's $5K per customer, let me think about it.
Though, I must say, Latesha's certainly got some bodunky-dunk going on.
171
posted on
07/08/2005 2:41:45 PM PDT
by
Modernman
("Laws are like sausages, it is better not to see them being made." -Bismarck)
To: Modernman
As your pimp, I get to choose who, when and how.
172
posted on
07/08/2005 2:45:49 PM PDT
by
Dashing Dasher
(Summer isn't my favorite season.)
To: Dashing Dasher
173
posted on
07/08/2005 2:51:36 PM PDT
by
Feiny
(I put the purrr in freeper, baby)
To: feinswinesuksass; patton; Jersey Republican Biker Chick
Just found this - thought it had a place here on this thread.
LOL!
174
posted on
07/08/2005 2:55:29 PM PDT
by
Dashing Dasher
(Summer isn't my favorite season.)
To: Dashing Dasher
Notice how none of us are in this photo?
175
posted on
07/08/2005 3:10:09 PM PDT
by
Feiny
(I put the purrr in freeper, baby)
To: feinswinesuksass
That looks like my mother on the left.
And my stepmonster on the right.
Dad married badly - TWICE.
;-)
PS... I've learned from his mistakes.
176
posted on
07/08/2005 3:13:41 PM PDT
by
Dashing Dasher
(Summer isn't my favorite season.)
To: Dashing Dasher
177
posted on
07/08/2005 3:19:46 PM PDT
by
patton
("Fool," said my Muse to me, "look in thy heart, and write.")
To: Dashing Dasher
Someone was throwing BEER BOTTLES at the police cruisers and there was a guy drunk on premisis drinking beers who was the owner.
I see where there is an issue regarding the thrown beer bottles.
178
posted on
07/08/2005 3:26:51 PM PDT
by
A CA Guy
(God Bless America, God bless and keep safe our fighting men and women.)
To: The SISU kid
Put me down for a six pack of skinny, sober and stupid and I'm with ya!...;))
179
posted on
07/08/2005 3:31:07 PM PDT
by
Salamander
(We're pain, we're steel, a plot of knives. We're Transmaniacon MC!)
To: A CA Guy
However, not what they arrested him for.
It's an interesting story. We don't have all the facts - but still interesting.
;-)
180
posted on
07/08/2005 3:31:50 PM PDT
by
Dashing Dasher
(Summer isn't my favorite season.)
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