After the citizens of "Ban Diego" made the consumption of alcohol illegal on city beaches and most city parks, many have been wondering how to flex their rights this 4th of July and still be responsible. Our good friends at FreePB.org have answered your burning question. If you plan to have a beer this 4th to celebrate freedom day, please be respectful of law enforcement and others. Belligerently arguing your rights can still land you in jail or with a ticket. Happy Birthday America!

We All Float On
With the 4th right around the corner, we have been receiving may inquiries about the current beach and park rules. Here's the scoop:

Alcohol at the Beach or Bay

Police will enforce consumption or possession of an opened alcohol beverage using San Diego Municipal Code 56.54 or CA Business and Professions Code 25620. It is not illegal to possess unopened containers or to possess opened alcoholic beverage containers for the purpose of recycling or other related activity.

If you are over the age of 21, police officers cannot order you to pour out sealed containers of alcoholic beverages merely for possessing them. They may request that you pour out the remainder of an alcoholic beverage if you are consuming it (breaking the law).

Can I Drink in The Water?

While it is still unclear if it is actually illegal to consume alcohol below the mean high tide line, the police have taken the position that if you consume alcohol while your feet are touching sand (in or out of the water), you are breaking the law and you will be cited.

It is, however, perfectly legal to enjoy a cold one while floating on the bay on an inner tube or other flotation device. The police have confirmed to us that they will not spoil your floating fun, but strongly discourage dangerous home-made floating platforms, and will enforce littering laws so PLEASE bag up your empties and deposit them in one of our convenient recycling boxes. DO NOT sink your empties in the bay.

A bit about the 4th Amendment (to the US Constitution)

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

It is also our understanding that without probable cause or a search warrant, police may NOT execute a search of your possessions at the beach. This includes sniffing your beverage. If an officer performs a search without consent, you are entitled to know what they considered probable cause. If they ask for permission and you don't want someone's nose in your soda, simply say, 'NO'.

If you are sticking close to home

It is not illegal to consume alcoholic beverages on residential private property. It is perfectly legal to consume alcoholic beverages in your front yard regardless of whether it is fenced or not. Keep in mind that the sidewalk is public property.


And finally, here is a list of city parks that still allow responsible adults to enjoy a beer with their barbecue.

Legal parks to enjoy your freedom

...and the municipal code to prove it


Enforcement Issues?

If you have a dispute with a police officer regarding any of these laws or any other laws, do not force the issue, simply request to speak with a superior officer. If you have the same problem with a sergeant, ask to speak with a lieutenant.

If you feel your rights are being violated or observe a violation of others, please take photos, videotape the incident and send us your story. You can also contact:


The Chief of Police

The Mayor's office

The City Attorney's office


Disclaimer

Nothing in this e-mail is meant to constitute legal advice. If you have specific questions about the applicability of any law, we suggest you consult a private attorney. incoming@freepb.org

Average:

5

Average: 5 (3 votes)

Your rating: Select ratingPoorOkayGoodGreatAwesome

Your rating: None