yesss!!!!
Police relax alcohol stance
Enforcement of public drinking ban halted temporarily.
By PAUL PINKHAM
The Times-Union
Jacksonville police have temporarily halted enforcement of a city law banning public drinking in light of a judge's order this week that held the ordinance unconstitutional.
City Hall attorneys cited Sheriff John Rutherford's decision Wednesday as a central reason they won't ask a circuit judge to suspend the order pending an appeal.
"We wouldn't want to bother the judge with a stay if we're going to effectively stay it ourselves," said Deputy General Counsel Ernst Mueller. He said Rutherford decided after consulting with Mayor John Peyton and Council President Elaine Brown to stop enforcing the ordinance while it is being appealed.
"They all agreed that it was the right thing to do," Mueller said.
Rutherford wouldn't comment Wednesday beyond a prepared statement saying police will continue making arrests for other crimes related to public drinking.
"Although the court has ruled Jacksonville's ordinance restricting public drinking is unconstitutional, the Jacksonville Sheriff's Office will continue to enforce the many city ordinances and state statutes that protect citizens against the unsafe and unlawful behaviors often associated with the consumption of alcohol in public -- such as fighting, disorderly intoxication, breach of the peace, littering, disorderly conduct, et cetera," Rutherford said. "These laws can and will be enforced regardless of the location of the infraction."
On Monday, Duval County Judge Charles Cofer ruled the public drinking ordinance unconstitutional because, he said, it is vague, unfairly enforced and delegates too much power to the mayor. He dismissed criminal charges against two homeless men arrested for drinking beer in Treaty Oak Park on the Southbank and noted that police don't enforce the ordinance on game days outside Alltel Stadium, where thousands of football fans consume alcohol in violation of the law.
The ruling came as the city prepares to host the Super Bowl in less than a month. The city created a downtown entertainment zone for the week before the game where the drinking ordinance would have been suspended, but Cofer said his order had nothing to do with the game.
The city immediately filed a notice of appeal with Circuit Judge Bernard Nachman and asked Cofer for a stay pending the appeal. Cofer denied the request and city attorneys said they were considering asking Nachman for a stay.
But Wednesday, city officials decided against it.
"Our clients -- the mayor, the City Council president and the sheriff -- had the opportunity to confer ... and they have come to the agreement to move forward with the appeal but not seek a stay," said Deputy General Counsel Virginia Norton.
Mueller said the City Council may also consider amending the ordinance to "cure its alleged defects," but no decision has been made.
Rutherford said he would be involved in that process as well.
"We are committed to working with the mayor and the City Council to draft a public policy that is in the best interest of the welfare of all citizens and visitors in Jacksonville," the sheriff's statement said.
Enforcement of public drinking ban halted temporarily.
By PAUL PINKHAM
The Times-Union
Jacksonville police have temporarily halted enforcement of a city law banning public drinking in light of a judge's order this week that held the ordinance unconstitutional.
City Hall attorneys cited Sheriff John Rutherford's decision Wednesday as a central reason they won't ask a circuit judge to suspend the order pending an appeal.
"We wouldn't want to bother the judge with a stay if we're going to effectively stay it ourselves," said Deputy General Counsel Ernst Mueller. He said Rutherford decided after consulting with Mayor John Peyton and Council President Elaine Brown to stop enforcing the ordinance while it is being appealed.
"They all agreed that it was the right thing to do," Mueller said.
Rutherford wouldn't comment Wednesday beyond a prepared statement saying police will continue making arrests for other crimes related to public drinking.
"Although the court has ruled Jacksonville's ordinance restricting public drinking is unconstitutional, the Jacksonville Sheriff's Office will continue to enforce the many city ordinances and state statutes that protect citizens against the unsafe and unlawful behaviors often associated with the consumption of alcohol in public -- such as fighting, disorderly intoxication, breach of the peace, littering, disorderly conduct, et cetera," Rutherford said. "These laws can and will be enforced regardless of the location of the infraction."
On Monday, Duval County Judge Charles Cofer ruled the public drinking ordinance unconstitutional because, he said, it is vague, unfairly enforced and delegates too much power to the mayor. He dismissed criminal charges against two homeless men arrested for drinking beer in Treaty Oak Park on the Southbank and noted that police don't enforce the ordinance on game days outside Alltel Stadium, where thousands of football fans consume alcohol in violation of the law.
The ruling came as the city prepares to host the Super Bowl in less than a month. The city created a downtown entertainment zone for the week before the game where the drinking ordinance would have been suspended, but Cofer said his order had nothing to do with the game.
The city immediately filed a notice of appeal with Circuit Judge Bernard Nachman and asked Cofer for a stay pending the appeal. Cofer denied the request and city attorneys said they were considering asking Nachman for a stay.
But Wednesday, city officials decided against it.
"Our clients -- the mayor, the City Council president and the sheriff -- had the opportunity to confer ... and they have come to the agreement to move forward with the appeal but not seek a stay," said Deputy General Counsel Virginia Norton.
Mueller said the City Council may also consider amending the ordinance to "cure its alleged defects," but no decision has been made.
Rutherford said he would be involved in that process as well.
"We are committed to working with the mayor and the City Council to draft a public policy that is in the best interest of the welfare of all citizens and visitors in Jacksonville," the sheriff's statement said.