City Ordinance Laugh of the Day

green-beer

I had to really laugh when I read this press release on the city website about the St. Patty’s day parade tomorrow in DTSF;

Spectators and attendees are reminded that drinking alcohol on public streets and sidewalks is illegal in Sioux Falls and includes the parade and other St. Patrick’s Day events. People who are drinking alcohol in public could receive a citation with a fine of $120.

The City Ordinance that prohibits public consumption of alcohol states: It shall be unlawful for any person to drink or consume or attempt to drink or consume any distilled spirits, wines and malt beverages, as defined by state laws, in or upon any public street, alley, highway, or public sidewalk.

Good luck with enforcing that ordinance 🙂

The irony of this is that the city sells bump-out permits to restaurants downtown to sell and consume food and alcohol on public property, outside. So I guess if you are standing on the bump-outs tomorrow drinking a green beer, you will be in compliance. That will be a fun argument to have with the coppers. Just don’t point your beer at them.



15 comments ↓

#1 Dan Daily on 03.13.15 at 11:57 am

The street right-of-way is the building line downtown. Most think it’s only curb to curb but it’s also everywhere until you enter inside a building. Serving alcohol outside is not illegal, only consumption.

If you’re issued a civil citation anywhere in Sioux Falls it’s easy to defeat but best to ignore. There’s a history of court cases to back you up. The city does not allow appeals into court and therefore a citation is unconstitutional. Further, there’s conclusive evidence they discriminate with enforcement (civil rights violations).

You should respond to their internal appeals process because it’s easier to show a judge you were illegally served and improperly harrassed. Also, it’s quite fun toying with and proving how irrelevant the 15 or so code enforcement and city legal employees are.

#2 Dan Daily on 03.13.15 at 12:11 pm

I’m hoping most know the only real charge regarding alcohol is public intoxication or DWI. It’s a criminal charge that’s constitutional. Never, I repeat never, answer police questions without a lawyer present and never agree to field sobriety tests. It’s a trap such that the officer can give his opinion and it sticks. Guess what, you’re always under the influence. When asked: How many beers have you had?, be nice but answer ‘No comment’. Insist on a legal blood test (not a blow machine). By the time they get you to a hospital and tested, you’re sober.

#3 Dan Daily on 03.13.15 at 1:17 pm

‘I fought the law and the law lost’. If you can’t respect my constitutional liberty, why should I respect you? Not everywhere is Ferguson.

#4 Joe 6Pack on 03.13.15 at 1:29 pm

Yes let’s take lawyer lessons from a schizo who thinks there is a public intoxication law in South Dakota.

#5 Poly43 on 03.13.15 at 8:17 pm

My gut tells me post number 4 has a email address that ends in .org

#6 LJL on 03.13.15 at 8:57 pm

Funny the the last line of this ordinance doesn’t include “unless you have a receipt from Stogies”.

#7 l3wis on 03.14.15 at 10:58 am

Buyer be warned, I got news last night that the SFPD will be in full force today enforcing the no drinking. So keep your toddies in the bars peeps.

#8 Scott on 03.14.15 at 11:28 am

LJL wins for the best, most accurate comment of the year.

#9 Scott on 03.14.15 at 1:36 pm

I’ve told this story before, but I don’t believe on this site. Over the years, I have tried to not frequent any establishment owned by a certain person. A person came to town, though, that wanted to go to Stogies. I relented, but it turned into a nightmare. One member of our party decided to hang out outside even though it was a chilly night. He struck up a conversation with a guy that appeared to be homeless who was walking by. This wonderful city leader came outside and kicked him off “his” property. When my friend protested, he grabbed his beer from him and told him to also hit the road. Needless to say, we all left and I’ve never returned.

#10 Dan Daily on 03.14.15 at 4:32 pm

Isn’t schizophrenic someone who doesn’t use their real name on a blog? My advice is so others don’t have to endure 8 years city harrassment. If you’d rather pay a lawyer 6 figures, go for it. I’ll focus on assisting other bullied constitutionaly violated citizens.

#11 anonymous on 03.15.15 at 9:44 am

All those bar owners (including the one Scott just referred to) need to be required by MMM to clean up in front of their businesses BEFORE they go home for the day.

I came through DT at 7:45 this morning and the two block section of Phillips Avenue between 9th and llth streets was covered with empty beer cans and all manner of debris.

In all the years I have lived in SF, I have never seen DT looking like such a disgraceful MESS!

No excuses about St. Patrick’s Day please. I am Irish (for real)!!

#12 Dan Daily on 03.15.15 at 11:08 am

Scott #9. He can’t kick him off public right of way. Read my previous posts 1 & 2. You can picket his outside tables not allowing customers and blocking entrance into the building. It hasn’t happened yet but it’s an option.

#13 Dan Daily on 03.15.15 at 11:27 am

Let’s protest and go to jail together. I’ll order Jimmy Johns for all 1,000 in the jail & the respected county jail employees.

#14 Scott on 03.15.15 at 1:04 pm

Yeah, Dan, and that was exactly what my friend pointed out to the asshole.

#15 Poly43 on 03.15.15 at 3:37 pm

In all the years I have lived in SF, I have never seen DT looking like such a disgraceful MESS!

You’re missing the much broader point anon. DTSF sells lotsa beer for 50 cents an ounce. DTSF then let’s those beer profits trickle down to Joe Sixpack.

You need to think more in line of the BIG picture.