The World According to Nick
My take on Software, Technology, Politics, and anything else I feel like talking about.
Friday, July 08, 2005

You Have to Fight, For Your Right, To Party 

Here's an interesting lawsuit... which I hope he wins:

A man arrested when police showed up to break up a New Year's Eve party at a friend's house has filed a lawsuit, arguing he had a constitutional right to get drunk on private property as long as he didn't cause a public disturbance.

Eric Laverriere, 25, of Portland, Maine, was taken into protective custody by Waltham police and locked in a cell for nine hours until the effects of the alcohol wore off.
Laverriere argues that the Massachusetts Protective Custody Law was written to combat public drunkenness and that the police had no right to use it to take him from a private residence. He also says he had planned to spend the night at his friend’s and wasn't going to be driving anywhere.
Laverriere said he told police he had been invited to spend the night at the house, but the officers insisted on taking him into protective custody.

One police report says that Laverriere appeared intoxicated and expressed "displeasure" at being told he had to leave the party. He was then taken into custody. The report says he fell to the floor while resisting Orta’s efforts to handcuff him.

Why shouldn't you be allowed to be drunk in private? One more case of the nanny state at work. He wasn't going to drive, he just wanted to get drunk. The officers allege that they investigated the party after bottles had been thrown at the squad car, but then they couldn't prove it. So it sounds like they just arrested this guy out of spite. Sounds like a simple abuse of power to me. They then claim he was being beligerent. Wouldn't you be beligerent if someone wanted to haul your ass to jail for doing nothing wrong, especially after drinking? I sure as hell would be. That's not a crime.

What's next? Cops being able to arrest a smoker in his home because he presents a danger of giving himself lung cancer? If my home is my castle... maybe it's time for me to build a moat... with big fucking aligators... and a draw bridge.


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Name: Nick
Home: Wauwatosa, WI, United States

I'm a Software Consultant in the Milwaukee area. Among various geeky pursuits, I'm also an amateur triathlete, and enjoy rock climbing. I also like to think I'm a political pundit.

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