Legal Question in Criminal Law in Massachusetts
I am not exactly sure what catergory this question falls into but I hope I am in the right one. Last night My fiance, a friend and myself were out side sitting on the front steps (stoop) of the apartment building that we live in enjoying a beer and having a cigarett. Out of no where 7 cops pull up to us on motorcycles. First thing out of one of their mouths is "You better all be 21 or you are going to jail" Anyway I digress. He issued each of us a ticket for $200 for "Drinking Alcoholic Beverage in Public" under Boston City Ordinance char 16 sec 12 ord 28. I looked it up and here is what it states.
"16-12.28 Drinking of Alcoholic Beverages in Public.
No person shall drink any alcoholic beverage as defined in Chapter 138, Section 1 of the General Laws of the State, or possess an open container, full or partially full, of any alcoholic beverages, while on, in or upon any public way, upon any way to which the public has right of access, in any place to which members of the public have access as invitees or licensees, in any park or playground, conservation area or recreation area, on private land or place without consent of the owner or person in control thereof.
(CBC 1975 Ord. T14 � 312; Ord. 1982 c. 21 s 1; Ord. 1982 c. 23 s 1)
Now I dont understand everything in life, but wouldnt the front steps of my aparment that I pay rent to live in be considered private property and not "public" The city doensnt clean those steps in the winter or pick up trash off of them so why is it public? Do I have an case if I want to contest this? i understand that college is back in session and they want to crack down on all the younger kids, but we are 24-25 graduate students. It just seems a little harsh. Thanks for your time.
2 Answers from Attorneys
I would have to research the case law to answer definitively, but on its face I would say that you have a good defense to the issue. The question becomes, do you want to pay an attorney a few thousand dollars to appeal what sounds like a civil citation. I think I would appeal it if I were you, but you are the only one who can decide. You could also appeal it on your own and see where you get. If you are not successful, then consider hiring an attorney.
The issue is whether or not the front area is considered "public"? I would tend to say that it may be considered "public" as other tenants would use the area to enter and exit. The next questions is: if its private then did you have the owners consent or person in control? If you did have the owners consent and it is a private area then you have a great defense. The case would require more research to determine if you would want to appeal the citation. Feel free to contact the office if you have any questions. 774-745-0562
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