Enjoying A Beer: Porch Drinking Laws And You

Whether or not you can drink a beer on your porch depends on your location. In some places, drinking on your porch may be considered drinking in a public right-of-way, which is prohibited. However, in other places, such as Washington D.C., it is legal to drink on your porch, even if it extends onto public space. In general, it is advisable to check local ordinances and interpretations of public to ensure you are complying with the law.

What is considered a 'public' space?

The definition of a public space varies across different countries and regions. In Canada, a public place is defined as any space accessible to the public by invitation or right. This includes streets, parks, municipal buildings, shopping malls, restaurants, and other commercial establishments. In the United Kingdom, a "public place" includes any highway and any premises or place to which the public has access, whether on payment or otherwise.

In the context of drinking a beer on your porch, the definition of a public space becomes important as it can determine whether you are violating any open container laws or public intoxication laws. Generally, a front porch is considered a private space, especially if it is clearly separated from the public area by steps or a fence. However, there may be local ordinances or interpretations of "public" that include areas that are easily visible to passersby.

For example, in California, there is a case where an individual was charged and convicted of "public intoxication" while drinking in their fenced-in front yard. The reasoning behind this conviction was that the front yard was accessible to the public and there was no restricted access, thus considering it a public space. Similarly, in Philadelphia, an individual received a citation for "Drinking alcohol in plain view" on their apartment porch, which was interpreted as a public right-of-way.

To avoid any potential legal issues, it is advisable to check your local ordinances and be mindful of the visibility of your drinking activities to the general public.

What is the 'curtilage' of a house ?

The curtilage of a house is the land immediately surrounding it, including any closely associated buildings and structures, but excluding any associated "open fields beyond". The term curtilage comes from the Old French "cortillage" or "cortil", meaning "little court".

In common law, curtilage has been defined as "the open space situated within a common enclosure belonging to a dwelling-house". In the United States, curtilage has been defined as:

> "The enclosed space of ground and buildings immediately surrounding a dwelling-house. In its most comprehensive and proper legal signification, it includes all that space of ground and buildings thereon which is usually enclosed within the general fence immediately surrounding a principal messuage and outbuildings, and yard closely adjoining to a dwelling-house, but it may be large enough for cattle to be levant and couchant therein."

The curtilage of a dwelling might be a yard or garden, as well as any outbuildings belonging to the property. Not all properties have a curtilage.

There is no single, clear definition of curtilage, and it is often a matter of interpretation and can change over time. In the case of a house, the garage, the surrounding garden and the driveway would generally be considered within the curtilage of the building. However, an adjoining fenced field or paddock may not be considered part of the curtilage, even if it is owned by the householder.

In some legal jurisdictions, the curtilage of a dwelling forms an exterior boundary, within which a homeowner can have a reasonable expectation of privacy and where "intimate home activities" take place. This concept is important in the context of search and seizure, conveyancing of real property, burglary, trespass, self-defence, and land-use planning.

In the context of drinking a beer on your porch, the curtilage of your house may be relevant in determining whether you are drinking in a "public" space. If your porch is within the curtilage of your house, it may be considered a private space where you can legally drink alcohol. However, local laws and ordinances regarding public consumption of alcohol may still apply, and the interpretation of "public" may vary depending on your location.

Is drinking on private property illegal?

Drinking on private property is generally not illegal, but it depends on the location of the property and local laws. In the US, there is a zone around a house known as the "curtilage" which has a greater expectation of privacy and is treated almost the same as the inside of a residence. However, local ordinances and the interpretation of "public" can vary, and some areas may have restrictions on drinking in public view. For example, in Philadelphia, there is a law that prohibits drinking in the "public right-of-way" or on private property without the landowner's permission. This has been interpreted to include areas that the general public can lawfully access, such as a fenced-in front yard or a porch that provides access to other apartments. On the other hand, a backyard is generally considered private because anyone going there without permission would be trespassing.

In the case of drinking on a front porch, while it may be technically legal in some places, it could still attract unwanted attention from the police, especially if it is accompanied by loud music or large groups of people. It is also important to be mindful of local laws and ordinances, as well as the attitudes of neighbours and law enforcement, to avoid potential issues or confrontations.

In conclusion, while drinking on private property may not always be illegal, it is important to be aware of the specific laws and regulations in your area, as well as the potential impact on your surroundings and relationships with neighbours and law enforcement.

It is always advisable to consult with a licensed attorney or legal professional for specific information regarding your location and situation. They can provide accurate and up-to-date information on the laws and regulations that apply to your specific circumstances.

What constitutes 'public intoxication'?

Whether or not you can drink a beer on your porch depends on your local laws. In some places, you can drink alcohol in public, while in others, you can be fined or even arrested for public intoxication.

Public intoxication, or PI, is a misdemeanor offence. It occurs when people are visibly drunk or under the influence of drugs in public. To be charged with PI, an individual must be under the influence of drugs or alcohol and a potential danger to themselves or others. The definition of "public" varies by location, but generally refers to any location that is accessible to the public. This includes streets, parks, bars, and restaurants, as well as apartment complexes behind gates. Even a person's front yard can be considered public if it is accessible without a locked fence.

In the United States, the consequences of a PI charge vary by state. In Texas, for example, a PI charge is a Class C misdemeanour that carries a fine of up to $500. For people under 21, there are additional penalties, including a mandatory alcohol awareness course and community service. In Ohio, public intoxication is typically a minor misdemeanour with a fine of up to $150, but it can become a fourth-degree misdemeanour with jail time if the offender has a criminal record or does not comply with police orders.

It's important to note that the behaviour and demeanor of the suspect will be key components of a PI charge. If a person is causing disruption and bothering others, they are more likely to attract the attention of the police and be charged. Additionally, simply being drunk in public is not a crime; the person must also be causing a disturbance or harm to themselves, others, or property.

If you are facing a PI charge, it is recommended that you hire a defence attorney, as they can help explain the legal process, negotiate with the judge, and secure a plea bargain.

What are the consequences of drinking in public?

The consequences of drinking in public can vary depending on the location and specific circumstances. Here are some potential consequences to consider:

• Legal Consequences: In some jurisdictions, drinking in public may be illegal and can result in a citation, fine, or even arrest. The definition of "public" can vary and may include areas like streets, sidewalks, parks, and public right-of-ways. However, it's important to note that local laws and ordinances can differ, and some places may have more lenient or strict regulations regarding public drinking.
• Confrontation with Law Enforcement: Even if drinking on your own property, consuming alcohol in view of the public may attract unwanted attention from law enforcement officers. This could lead to a range of outcomes, from a simple warning to a full-blown arrest, depending on the specific situation and the attitude of the officers involved.
• Negative Perception: Drinking in public can be frowned upon by neighbours and the wider community, especially if it is accompanied by loud music or rowdy behaviour. This could lead to tensions and complaints, potentially impacting your relationships with those around you.
• Safety Risks: Drinking in public may increase your risk of encountering individuals who may take advantage of your impaired state. Additionally, if you appear intoxicated, you may become a target for law enforcement, especially if you are in an area with strict public drinking laws.
• Legal Defence Challenges: Defending yourself in court for drinking in public can be challenging. While you may have a valid argument, the interpretation of "public" and relevant laws can be complex and subject to varying opinions. Seeking legal advice and representation is often recommended to navigate these complexities effectively.
• Impact on Record: In some cases, a citation for drinking in public may go on your record, particularly if it is a misdemeanor offence. This could potentially impact future opportunities, such as employment or travel, depending on the severity of the charge and the laws in your jurisdiction.

Frequently asked questions