Booze Ban

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

On Tuesday the San Diego City Council voted unanimously for a third attempt at banning alcohol on city beaches and parks. The city council conceded to democracy and the proposition will be on November's ballot.

Councilman Kevin Faulconer, who backed the effort to call on voters to decide the fate of the ban, said the atmosphere at the beach has been "fun and relaxing" without drinkers at the beach. Councilman Brian Maienschein said voters should have the final say.

"This is something that quite clearly merits going to the ballot," Maienschein said.

This will be second time voters have had the option of approving a ban. They rejected an 18-month ban at two city beaches six years ago.
Link: proposed ordinance (pdf)

Our friends at FreePB.org have compiled a primer on the current status of beach booze laws and your rights on the beach. It's a good read for anyone concerned with the slow erosion of rights and how to enforce the ones remaining.

Enjoy your summer by knowing your rights

With the beach season in full swing, we have heard many troubling stories and had many questions about park and beach laws. Here is what you need to know to protect your rights.

First 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


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.

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).


The 4th Amendment to the United States 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'.


Can I Drink in The Water?

It is now illegal to consume alcoholic beverages in many coastal parks, the beach or on any land area of Mission Bay. The City of San Diego has defined the boundary line between land and water in Mission Bay Park is the mean high tide line. Based on the following documents it seems clear that is not illegal to consume alcoholic beverages below the mean high tide line, however, police and lifeguards have said they will ticket anyone touching sand, whether below the mean high tide line or not. So feel free to float in your inner tube, but please be safe.

September 1988 Memorandum of Law

Excerpt from Mission Bay Park survey report

Mission Bay Park survey maps

Note that Mission Bay Park has been divided into five zones where the mean high line differs based on the tidal flow.

Also note that the mean high tide line is a vertical measurement above sea level. Most tide tables measure the tide above mean lower low water. This website allows you to select the correct datum.

Link to NOAA tide website


Private Property

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.


Draconian 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

The Union-Tribune Editorial department

The Beach & Bay Press Editorial department

KUSI News

...and if you'd like to contact your City Councilperson, here's a link to their site.


Stay tuned for even more information about your beaches and parks.



Sincerely,

Your friends and neighbors at FreePB.org


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.

 

DEL MAR - An annual ban on alcohol at Del Mar's 2½ miles of beaches over the Fourth of July weekend will continue for a seventh summer. The City Council voted unanimously Monday to prohibit the possession of alcoholic beverages on all public property including beaches, parks, streets and sidewalks from 6 p.m. July 3 until 6 a.m. July 7, a period of 84 hours. Those violating the ordinance will be subject to a $100 fine for the first offense. Beefed-up security by the county Sheriff's Department to enforce the ban will cost the city an estimated $4,000. Source UnionTrib

The Booze Ban frenzy has reached Torrey Pines. Fearing rioters will move their rioting to other beaches Torry Pines will be the next in line to enact the controversial ban. District superintendent Ronilee Clark said blogs had been highlighting the Torrey Pines exemption. Once she signs the ban into effect drinking alcohol at Torrey Pines beach will cease April 1st

That whittles to three the number of beaches in the county where drinking is allowed: Del Mar, Solana Beach and the Silver Strand State Beach in Coronado.

Drinking will continue to be allowed at the state beach in Coronado because problems aren't expected to arise there, Clark said.

Drinking is not allowed at the four other state beaches in the county: Cardiff, San Elijo, South Carlsbad and Carlsbad State, all in North County. Historically, there have been problems with drinking at those beaches, which is why it was banned, Clark said.

Although others admit there had not been issues previously, ban opponents could not stop what is becoming the inevitable solution to the beach melee

Allowing alcohol hasn't led to serious problems, said Brian Ketterer, sector supervisor for the area. On the south end, near Black's Beach, some underage drinking went on, and policing it took extra resources, he said.

The ban will free up lifeguards to do more vital work, Ketterer said.

Those who fought the city's ban said they're not surprised by this latest restriction.

"You're going to continue to see such punishments spiral," said Jacob Pyle, a member of the group FreePB, which opposed the ban.

UPDATE on 03/10/2008 08:03 am:

Michael Stetz from the Union Tribune has an article on the other activities banned on San Diego beaches. Apparently surfing is illegal on San Diego beaches

In Del Mar, for instance, hitting golf balls and playing horseshoes on the beach are not allowed. It's about safety concerns, said Mark Rathsam, deputy director of Del Mar Lifeguards, and the worry that wayward golf balls could end up in the ocean.

That's nothing compared to San Diego beaches, where it's against the law, technically at least, "to play any game of ball or engage in any sport," according to the city's municipal code.

Toss a Frisbee or chuck a football and there could be consequences. Lifeguards "do monitor it at times for safety concerns and will enforce it," said Lt. John Greenhalgh, of the city's Lifeguard Services.

In Coronado, kite-flying is prohibited along most of the beach, but there's a good reason. Kites could interfere with aircraft using the nearby Naval Air Station North Island.

At several beaches, it's against the law for beach-goers to pitch tents, even during the day. People might use the cover to do something illicit, different lifeguard agencies said.

Four years ago, San Diego banned furniture at the beach because people were hauling out old couches and recliners to sit on, then leaving them there.

The use of fire rings, which have burned several children over the years, became limited, too. They can't be used from midnight to 6 a.m.

UPDATE on 03/10/2008 08:18 am:

The law banning sports at the beach is on page 5 of the city municipal code (pdf document)

With the beach booze ban in effect since January, residents in beach communities have noticed their beaches not only free from "frat-boy" binge drinkers but also the hardcore drinkers. The transients, who claim they only "play music and make people happy", are upset they are being forced to drink away from the newfound family wholesomeness of San Diego beaches.

However, many residents in the beach areas are happy with the change and welcome police enforcement of the new ban. Residents enjoy the lack of vomit and urine smell in the spots where groups of drunken panhandlers used to loiter.

Since the ban took effect Jan. 15, 24 citations have been issued in Mission Beach, Pacific Beach and Ocean Beach. First-time violators can be fined up to $250. Repeat offenders can face a maximum fine of $1,000 and up to six months in jail.

Police gave warnings during the ban's first 30 days, but several people at the Ocean Beach sea wall had to be cited during that grace period because they repeatedly ignored warnings, Munoz said.

With the hardcore drinkers not drinking on the beach many are wondering where are they drinking and what impact it will have on those areas.

Some doubt the ban will solve the transient problem at the beach areas. The hardcore drinkers may not be drinking on the sand, but they're still in the area, said Al Sessler, manager of the Ocean Park Inn in Pacific Beach.

He's had problems with the homeless passing out in the front lawn of his business. And he says the dwindling number of hardcore drinkers at the beach may be just a temporary lull.

"Wait for the weather to turn nice.

City workers posted signs along San Diego's beaches yesterday reminding visitors of the one-year trial ban on booze at the beach. The ban went into effect because not enough signatures were submitted in time to reverse the ban. Unless the ban opponent group "Ban The Ban 3" can raise a $70,000 down payment by Friday to continue counting signatures (a cost which could exceed $147,000) the ban remains in effect.

First-time violators could be charged with an infraction that carries a maximum fine of $250. Repeat violators could face a misdemeanor charge that carries a maximum fine of $1,000 and up to six months in jail.

Police Chief William Lansdowne said officers initially will focus on educating the public rather than issuing citations right away. He called the first 30 days a warning period.

"After the 30 days and the signs are up, and everyone is used to it and understands, then we will start citations," Lansdowne said.

An initial count of the 45,557 signatures submitted by beach booze ban opponents shows not enough are valid to keep the ban suspended. In a random sampling of 1,367 of the signatures only 680 were valid says City Clerk Elizabeth Maland in a memo sent to City Council offices yesterday.

SignOnSanDiego details more how the Bid to lift beach booze ban stalls

Ban supporters were thrilled last night, and opponents were considering their next move.

"We're looking forward to a year without alcohol to show that the city will be benefited from alcohol-free beaches," said Scott Chipman, a member of the group Safebeaches.org.

Jacob Pyle, spokesman for the group Ban the Ban 3, said opponents will evaluate their options this morning. To keep their petitions alive, the group would have to find $70,000 by Friday afternoon to pay for a signature-by-signature count.

Pyle wasn't ruling that out last night.

"We've had substantial financial commitments for the campaign portion of this, and we've been holding off on cashing those commitments pending the outcome of this," Pyle said.

He also talked about riding out the one-year test and trying again with new council members, as four seats are up for election this summer.

"People are not happy," Pyle said. "The coming City Council elections in June could be all about beach alcohol, so it might be a lot bigger than one small referendum."

Previous SurfSD.com Posts:
Story: Beach Booze Ban Update

The group "Ban The Ban 3" turned in over 15,000 more signatures than the roughly 30,000 that were needed to lift the beach booze ban. The ban lasted less than one day as the San Diego City Clerk's offices accepted the signatures yesterday.

The county Registrar of Voters will begin verifying the signatures, which could take up to 30 days. Once the signatures are verified the council has 10 days to decide to send the issue to a vote or to rescind the ban. Previous attempts to ban booze on the beach in 1991 and 2002 failed when the issue was sent to the voters.

Opponents of the ban displayed cautious optimism about the future of the issue in SignOnSanDiego's Signature drive holds up beach booze ban:

"We hope they do the right thing and repeal this legislation. It will lose at the ballot box," said Jacob Pyle, spokesman for Ban the Ban 3, just before the group's volunteers carried boxes of signed petitions into City Hall.

Previous SurfSD.com Posts:
Story: Mayor Sanders Signs Beach Ban Ordinance
Story: Alcohol-free zone proposed for Ocean Beach
Poll: Should alcohol be banned on San Diego beaches?

Two weeks after the city council approved the ordinance, Mayor Jerry Sanders signed the controversial ordinance into effect on Wednesday. The ordinance's signing came on the 74th anniversary of the repeal of the Prohibition Act barring alcohol production and consumption in the United States. The ban barring all alcoholic consumption on the beach, at the park, or by the bay will begin January 4, 2008.

Opponents of the ban are already beginning the process to block the ban. The group "Ban The Ban 3" has said they should have no problem collecting all required 30,209 certified signatures within 30 days. If the petition drive succeeds, the council would have to rescind the ban or put it to a city vote. If it goes to the city for a vote (as it did previously in 1991 and 2002) the ban would be delayed until an election.

SignOnSanDiego has more about the Opponents of beach alcohol ban start petition drive

"We'll easily be able to gather over 85,000 signatures," Reynoso said. "We've received inquiries from over 7,000 people who want to help or want to sign."

About 80 volunteers were scheduled to go through a short training session Thursday night before setting out for streets, shopping centers and other venues.

Leaders said they expect to have hundreds of signature-gatherers, most of whom will be unpaid volunteers. A fund for donations is listed on the Web site, but neither Reynoso nor another spokeswoman could say Thursday how much money is in the war chest or who is contributing to it.

Previous SurfSD.com Posts:
Story: Alcohol-free zone proposed for Ocean Beach
Poll: Should alcohol be banned on San Diego beaches?

Julie Klein known as the "team mom" for the Point Loma High School Surfing Team watches over the team as they surf on Tuesday and Thursdays. Klein complains that the excessive amount of alcoholic consumption at the end of Newport on the sea wall is causing some problems for families and groups like theirs. As they try to enjoy the beach they are being harassed by the drunks that hang out around the only stairway leading to the beach. Klein's surfers have even complained they have been punched by combative drunks.

Klein has collected 500 signatures supporting an alcohol-free zone between the pier and Saratoga Park. The proposed ban would be lifted on major holidays such as Fourth of July when beach alcohol consumption is at a high point. Klein's efforts have re-sparked the debate that has been raging in San Diego for the last few years and covered in SurfSD.com's article PB votes to ban alcohol on all city beaches... MB is next! In 2002 votes narrowly defeated a San Diego county ban on alcoholic beverages on the beaches

Opponents of the ban have already started to voice their opposition and the SignOnSanDiego article Alcohol-free beach zone proposed continues

Opponents of a ban say Klein's idea is a bad one because it would create a segregated Ocean Beach, which is already a small stretch of sand by San Diego standards.

"As the population grows, beaches will become more crowded," said Jeremy Malecha, president of Free PB, which opposes more restrictions at parks and beaches.

"It's counter to the spirit of openness that San Diego beaches represent," said Malecha, who also sits on the alcohol task force. "Where do you draw the line? I know plenty of adults who are turned off by kids screaming and throwing sand. Are we going to create an adults-only beach?"

Kevin Faulconer's task force expects to discuss the idea at his next public meeting on Monday. "My goal is to look at whether there is consensus and common ground that we can find," he stated. In the past Kevin has been openly anti-ban.

From: http://www.freepb.org/ Regarding: Pacific Beach to ask ban on liquor at city beaches

The Pacific Beach Town Hall Meeting is TONIGHT at 6:30pm. This is your chance to express your opinion directly to Mayor Jerry Sanders, Councilman Kevin Faulconer and Police Chief Bill Lansdowne in an open forum. You can expect that the neo-prohibitionists will be there with their emotionally charged tirades about the need for an alcohol ban. That's why you and your strong sense of logic need to be there to counteract.

WHAT: PB Town Hall Meeting
WHEN: TUESDAY AUGUST 8th, 6:30pm
WHERE: Pacific Beach Middle School, 4676 Ingraham St.
WHY: To voice the opinion of the vast majority of beach community residents--- "WE DON'T WANT AN ALCOHOL BAN!"
> > > Directions to tonight's Town Hall Meeting are here. < < <

-AND- Paging Mission Beach...
The Mission Beach Town Council is going to take its own vote on an alcohol ban tomorrow night. If you or anyone you know are members of the Mission Beach Town Council, you must go to this meeting. Hardly anyone goes to Mission Beach Town Council so just a few additional people showing up to this meeting will make a gigantic difference. If the Mission Beach Town Council adds its support to an alcohol ban, it means that we'll have a long and difficult fight ahead of us to put a stop to this anti-fun, anti-groups of people, anti-alcohol madness.

WHAT: Mission Beach Town Council Meeting
WHEN: 7pm on Wednesday, August 9th
WHERE: Community Room, Belmont Park
WHY: To voice the opinion of the vast majority of beach community residents--- "WE DON'T WANT AN ALCOHOL BAN!"

Can't make it to the Town Hall Meeting tonight? Join FreePB.org and contribute to the beach-goers who are standing up in the name of Freedom and it's cousin, Logic.
Sincerely urgent, FreePB.org

We lose the vote 164-126 (yup, only 38 votes)

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