Wednesday, May 18, 2005
 
There Ought Not To Be A Law
Apologies to Radley Balko for misappropriating his title.

In Milwaukee, a close reading (and by "close" I mean actually reading) of a city ordinance has uncovered that every tailgate party with alcohol at County Stadium or Miller Park has been illegal and subject to citation. Instead of simply not enforcing the law (and leaving it on the books for arbitrary enforcement), the city of Milwaukee will rewrite the law:
    Ordinance 106-2.1, which was passed in 1980, is the one we've been blissfully ignoring out there. It says it shall be unlawful for anyone to drink the strong stuff in public parking lots or parking structures. The fine is $50 to $250, probably depending on how much abuse is heaped on the arresting officer.

    Schrimpf remembers reading the ordinance several years back when there was talk of building Miller Park downtown.

    It struck him that popping a cold one in a downtown parking structure or doing it in the sprawling lots around the ballpark were no different under the law. But he always thought there must be some exception for tailgating, which he himself has enjoyed.

    But there was no exception under the city ordinances, nor is there any county ordinance that says go ahead and imbibe in the shadow of your vehicle.

    "The answer is yes. It was illegal," Schrimpf said.

    So at Murphy's request, the council recently voted to allow tailgate drinking for this season as a "special event" under the ordinance. And last week the Public Safety Committee recommended to the council to make it permanent.
Granted, they're just making ball games a "special event" not subject to the prohibition, and aren't completely throwing out the "no drinking in public" law, but it's a good step in good governance.


- posted by Brian J. @ 9:59 AM
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