Interesting news out of Arizona?in regards to state preemption, but not of?guns:
Scottsdale police are no longer permitted to cite or arrest someone solely on the basis of being incapacitated by alcohol in public.
The opinion stated that Scottsdale’s public-intoxication ordinance is pre-empted by a 1972 state law that prohibits local laws from criminalizing “being a common drunkard or being found in an intoxicated condition.”
The court maintained that it was clearly the state’s intent at the time to treat alcoholism as a disease rather than criminal behavior, unless a person under the influence was also engaging in activities, such as driving.
Makes perfect sense to me, but then I live in Switzerland where the drinking age for wine and beer is 16 (18 for spirits), drinking in public is perfectly legal, and it’s quite common to see teenagers enjoying a beer while chatting with friends in a park or on the sidewalk, businessmen having a drink on the train ride home, etc.
I’ve even seen soldiers on their way to training get onto a train, place their duffel bag and unloaded rifle on the luggage rack, then have a beer. The horror.
So long as someone is not violating other laws or being dangerously unsafe (such as driving while under the influence, being rowdy and disorderly, trespassing, threatening others, etc.) I have no problem with them?being peaceably intoxicated whether in private or public. If they start causing disruptions, then there’s a problem, but otherwise I see no issue.
No surprise, the Scottsdale police don’t seem to have an issue with the law being overturned:
Scottsdale police Sgt. Mark Clark said officers didn’t often use the ordinance when it was in effect.
Typically, those who demand the attention of law enforcement are committing another crime as well, he said.
Clark said there are other tools police can use to ensure the safety of those who are inebriated.
An officer may help someone get a ride home or cite them for another violation, such as disorderly conduct.