Havin' A Brew on Your Stoop May Cost Ya.
Comments
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Hey Sterling, you should read this article:
http://www.brownstoner.com/brownstoner/archives/2008/09/stoop_tickets_c.php
You, my friend are not alone. And this guys place looks really private. Jeeze, we just can't win. -
Subject: Wait, I can face jail time?
Sterling2000, how will you plead?
My court date is for Friday September 26th. I don't know what to do. (I received a summons for having an open container on the top step of my 7 step stoop around 7:30 PM on 7/22)
After reading the article the NY Times did on your incident- it seems to me the same cops who gave you your summons were the same who gave me mine.
There was the younger one who sat in the car the entire time with his head down. And then there was the slightly older cop who actually did the enforcing. He looked just like the dude from Husker Du with his outlandish mustache, he greeted me by bellowing out, "Welcome to the Neighborhood!".
Just as in your incident he asked me what kind of beer I was drinking (it was behind me). He also chose to inform me that if the gates were still attached to the bottom of my stoop I would have been in the clear. By the way- I live on Lincoln PL., pretty close to you.
I received a citation in college for possessing an open container on publicly accessible private property- but that was in the middle of Bible humping Ohio! I moved to New York so that I could be in a more socially relaxed atmosphere. I can do without the Carrie Nations, thank you very much! It would seem the Temperance police have gained strength after 8 years of conservative pseudo- Christian Bush doctrine! -
Just got this article from the D&C (newspaper in Rochester, NY -- where I'm from)...
http://www.democratandchronicle.com/article/20081011/NEWS0202/810110335/-1/COLUMNS -
poppy13 wrote: Just got this article from the D&C (newspaper in Rochester, NY -- where I'm from)...
Yep -- good piece. I grew up about 30 miles south of Rochester...
http://www.democratandchronicle.com/article/20081011/NEWS0202/810110335/-1/COLUMNS -
Subject: Re: Wait, I can face jail time?
Mecosta wrote: Sterling2000, how will you plead?
How did things work out for you? It sounds like your cops were different from mine -- no mustaches present.
My court date is for Friday September 26th. I don't know what to do. (I received a summons for having an open container on the top step of my 7 step stoop around 7:30 PM on 7/22)
After reading the article the NY Times did on your incident- it seems to me the same cops who gave you your summons were the same who gave me mine.
There was the younger one who sat in the car the entire time with his head down. And then there was the slightly older cop who actually did the enforcing. He looked just like the dude from Husker Du with his outlandish mustache, he greeted me by bellowing out, "Welcome to the Neighborhood!".
Just as in your incident he asked me what kind of beer I was drinking (it was behind me). He also chose to inform me that if the gates were still attached to the bottom of my stoop I would have been in the clear. By the way- I live on Lincoln PL., pretty close to you.
I received a citation in college for possessing an open container on publicly accessible private property- but that was in the middle of Bible humping Ohio! I moved to New York so that I could be in a more socially relaxed atmosphere. I can do without the Carrie Nations, thank you very much! It would seem the Temperance police have gained strength after 8 years of conservative pseudo- Christian Bush doctrine!
I have a co-worker who received a similar citation recently. He went to his first court appearance and plead "not guilty" with his lawyer/father in tow. He was then given an actual court date which he appeared at this past week. The cop didn't show and the case was tossed. -
Subject: $25 to the City of New York
Sterling 2000,
I showed up to my court date. I was the only female in the court out of 40 or so people total, aside from one of the police officers . When my case was called- I heard a lot of snickering from the other defendants, the judge, the officers, etc... The judge and his crew were having a good laugh- while I was standing up there- something about me getting caught drinking a Sam Adams. I was too nervous to listen- plus there was a lawyer at the stand explaining my options. I plead guilty- just to get it over with. Afterwards, I was asked out on a date by one of the other defendants. I left the courthouse feeling a lot better than when I went in.
It was quite an experience.
How is your plight? -
That photo makes you look super tough!
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Mecosta wrote: That photo makes you look super tough!
Probably the first time in my nearly 40 years someone has uttered that phrase in my direction... :roll: -
I just saw a guy 2 days ago, drinking a beer out of a pint glass on his steps, almost on the Corner of ST Marks and Vanderbilt and i was going to tell him that he could get a ticket but then i was like fuck him, let him learn!!
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I fought the law, and'a...
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I'm curious. What happens if you lose the case or plead guilty? Do you get a record, or is it more like a parking ticket?
Anyway, good luck with this. -
sterling2000, i saw that piece about you in the times yesterday. i think it's great that you're fighting this, and publicly. there's so much other bullshit that the local police aren't dealing with, this hardly seems like something they should waste the taxpayer's $$ on.
go you! and keep us posted, pls. -
Fight the power!
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This is a first step in an ever escalating crime spiral (downward) that will take Brooklyn back to the 70's. You just wait. Crack whores, Son of Sam, and platform shoes!. Polyester bellbottoms! Actually Hotpants would be OK. With white knee socks.
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white tube socks
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Since this thread has been resurrected, Do you honestly believe that all residents of a 20 unit condo should be allowed to drink on a stoop? I think if you lived in a private house, you'd have a better leg to stand on. Basically, a Condo is an apartment building where the residents actually own their apartment, rather then rent. Should residents of other Apt. buildings be allowed to drink on their stoop too? The fact of the matter is, that consuming alcohol on a public stoop attracts an undesirable element. Looking at your picture in the paper, I probably would've educated you on the Law, and exercised some discretion. However, the Officer did act within the scope of the Administravtive Law. If anything, your cause has opened the eyes of many who are/were ingnorant of the Law and you may've prevented further victims.
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At risk of stomping on a deceased horse's grave, it isn't a public stoop.
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daver wrote: At risk of stomping on a deceased horse's grave, it isn't a public stoop.
The law prohibits anyone from drinking an alcoholic beverage — or possessing one with the intent of drinking it — “in any public place.” A public place is defined as any place to which “the public or a substantial group of persons has access, including, but not limited to,” a sidewalk, street or park. -
30 people on a condo stoop should be the condo association's problem, or the neighbor's problem if they're being disorderly.
how high should the gate be? can i put up my own gate? a baby gate? a temporary gate just for drinking? who's to say what is considered a temporary gate?
i think the law, if it's really true, is bullshit. and my hope is that sterling2000's case will garner some attention towards this kind of crap.
frankly, the police should spend their time getting the guys who will live in my subway station from now till may to move elsewhere, or dealing with the junkies at bartel pritchard, etc etc -
King without a crown wrote: [quote=daver]At risk of stomping on a deceased horse's grave, it isn't a public stoop.
The law prohibits anyone from drinking an alcoholic beverage — or possessing one with the intent of drinking it — “in any public place.” A public place is defined as any place to which “the public or a substantial group of persons has access, including, but not limited to,” a sidewalk, street or park.
Private stoop != sidewalk.
Private stoop != street.
Private stoop != park.
Put it this way, if I illegally park my lowrider bicycle in the street, the city is going to pull it. If I illegally lock it up on the sidewalk, the city will be there to clip the chain and haul it away. If I lock it to a tree in the park, the city will be there. If I lock it at the top of someone else's stoop, will the city take care of it? Or is the owner of that stoop going to be taking care of business? I dunno.
Additionally, I'm sure the condo association will be glad to know that the city will henceforth be taking care of the maintenance costs on their public stoop.
Dancing on the damn horse's grave, we are. -
brooklynpotter wrote: white tube socks
No, knee socks with Mary Janes! get your own fetish! -
possession w./ intent to drink? my new favorite offense.
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modsquad wrote: [quote=brooklynpotter]white tube socks
No, knee socks with Mary Janes! get your own fetish!
mod squad,you must be a good 10 years younger than i am if you were wearing knee socks when i was wearing tube socks in the 70s -
brooklynpotter wrote: 30 people on a condo stoop should be the condo association's problem, or the neighbor's problem if they're being disorderly.
The Law doesn't say anything about a gate.
how high should the gate be? can i put up my own gate? a baby gate? a temporary gate just for drinking? who's to say what is considered a temporary gate?
i think the law, if it's really true, is bullshit. and my hope is that sterling2000's case will garner some attention towards this kind of crap.
frankly, the police should spend their time getting the guys who will live in my subway station from now till may to move elsewhere, or dealing with the junkies at bartel pritchard, etc etc -
actually, i think the lackof the gate was an issue--had there been a gate it would have been "private" enough for drinking. (i could be wrong but i'm pretty sure the gate angle is park of the problem
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the times photo makes it look like your about to get mugged
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At this point I'm looking into a couple of free or barter options to have a lawyer on hand at my trial date in December. At a minimum, there will be some press around this (NYT, etc.).
If anyone has any input, please PM me. -
brooklynpotter wrote: actually, i think the lackof the gate was an issue--had there been a gate it would have been "private" enough for drinking. (i could be wrong but i'm pretty sure the gate angle is park of the problem
The gate is immaterial. This really is an officer discretion issue. Perhaps an officer would be more apt to display more discretion with a gate, dunno, depends on the officer I suppose. This guy got one in Park Slope behind a gate: http://www.brooklynpaper.com/stories/31/35/31_35_sp_drinking.html
The article mentions that another guy fought the same ticket and got it dismissed. That one would be the discretion of the judge.
As far as the argument about the cops having better things to do, I agree. Let's combat _real_ crime, like six year old girls vandalizing their own stoops (with chalk)...
BKChickie wrote: I'm curious. What happens if you lose the case or plead guilty? Do you get a record, or is it more like a parking ticket?
Punishment is a fine of up to $25 and/or imprisonment up to five days. Although reality would be the $25 fine. As far as the permanent record... ? Dunno.
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