Legal Question in Civil Rights Law in Virginia

We live in a dog friendly aprtment complex with our own private dog park. This evening while a few neighbors had gathered with their dogs and in the spirit of St Paddy's had some beer. The police show up and say they are violating "open container laws" and drinkin in "public view" As per the officer ,'if you on private property but in public view you are in violation. The officers ordered them to leave the park and return to their apartments if we need to drink,"...go drink on you patios" I don't get it Private property is beholden or regulated by public view?


Asked on 3/17/11, 9:30 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

I am not aware of any "public view" coda to the referenced statutes or ordinances prohibitng the activity described. I've been imbibing alcoholic concoctions in the picnic area of my Arlington condo for more than 30 years which is well within the public view of passersby who may meander alongside the street abutting this picnic area and have yet to receive such a warning by local police who also frequently drive down this particular street.

Furthermore, if there were such a restriction, any person sipping a beer on his or her balcony of this condo would also potentially be in public view of these passersby on the adjoining street and thereby possibly in violation of the law which is patently absurd.

Next time these cops take it upon themselves to announce this alleged

"law", ask for a specific cite from the Code of Virginia or from the local code

of ordinances in support of their claims.

Read more
Answered on 3/20/11, 8:32 am


Related Questions & Answers

More Civil Rights Law questions and answers in Virginia