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MARIN COUNTY'S NEWS MONTHLY - FREE PRESS
(415)868-1600 - (415)868-0502(fax) - P.O. Box 31, Bolinas, CA, 94924

It doesn't matter, because if you are living on the streets and an alcoholic you stand a good chance of spending the rest of your life in jail. This is going to affect more and more people as the economy sours and they become homeless.
Alcoholism is not a crime. Jails are considered treatment centers for homeless who drink. It is illegal to be homeless and drink, period. Most homeless people drink. In some cities you can get away with it. Cops there have better things to do. The jails could not house all the homeless alcoholics. In other places that is not true.

Being arrested in California for Public Intoxication (PI) is a major offense. It is a misdemeanor with up to 6 months in jail and 3 years probation.

I know many people who have spent the last eight out of ten years in jail just for being intoxicated in public. These are nice people, not violent, criminals-just homeless alcoholics. For an alcoholic, the first thing they do when you get out of jail is drink.

Once you are in this system, you can't get out. You are on probation and you are not allowed even one beer or it's three months in the slammer. Just smell like a beer and you're in the loop again. Cops know who's on probation and it's only days before you are back in jail.

Many states don't have public intoxication laws and in some of those states jurisdictions are not even allowed to pass them. Problems with alcoholics are no worse there than any other state because they don't have the laws. These are NIMBY laws and are essentially victimless crimes. These laws are not needed and are used to harass innocent people or turn innocent people into criminals.

People think if you are too drunk to drive, (.08%) you can be arrested for Public Intoxication (PI) this is not true.

California actually makes it difficult to be legally drunk. You have to be falling on your face, plastered drunk-a danger to yourself or others. Not buzzed, loud, or loose. You have to be plastered. But many cops don't see it that way. They have a big loophole. They do not have to give you any kind of test. If you drive they are required to test. No test is required if you're walking down the street though. They don't test you because it would show a false arrest. You can demand a test and they won't give you one. Now it is your word against the cops. Already you have lost-lawyers, gathering witnesses, building a defense, many court dates, plus the time in the drunk tank.

That is where civil rights come in. They in essence kidnap you off the streets and make your life hell. You have to prove you were not drunk. If you are homeless it is much worse. This happened to a member of the Marin Human Rights Commission, just walking down the street in Mill Valley.

San Jose police have recently gotten in trouble for using these tactics. They even have a task force investigating it. It will be brought up by their city council on June 2nd.

Public Intoxication (PI) laws are not needed. There are already laws on the books that can result in your arrest for drinking. They can arrest you for creating a nuisance, disorderly conduct, or being a danger to yourself or others.

Cary Grime of San Rafael, CA paid the ultimate price for being accused of Public Intoxication, he died in police custody. It would not have happened if there were no PI laws.

These laws ruin many lives with cops "Doing their jobs." The issue has to be addressed and changed. Laws are easily made and impossible to change.

I actually did get to sit down with Senator Barbara Boxer for about one minute and talked about this years ago. She listened to me and agreed with me.

She said there are always going to be cracks in the system, which a very small minority of people are going to fall into. She is too busy just trying to keep the system from falling apart to repair a few minors cracks.

Homeless alcoholics don't have much of a lobby group, but you'd be surprised that people do care but not most people and especially not police.

The irony of this, is what I am speaking of is taking place in a very rich, affluent county-supposedly the most liberal place in the USA. Police budgets are fat and criminal conduct is small. Keeping streets clear of "undesirables" is their job.

Things would not be like this in a big city like SF (except San Jose). The jails in SF could not handle all the homeless alcoholics. They have real crime they have to deal with.

Many working people drink. They have a place to live. As long they don't drive drunk or beat up their spouse, the police will leave them alone.

Conditions are getting better. They are starting housing projects for the homeless where you are not required to be sober to join. You can drink as much as you want, but you have a place to stay off the streets, out of trouble.

It started in NY City a couple of years ago. "Homeless Alcoholics Receive a Permanent Place to Live, and Drink." Was published in the NY Times Article May 7th, 2006. They find that people start drinking less, get in much less trouble, make for a cleaner city and it costs the city much less money than the alternative, jail.

Many homeless alcoholic people will not seek services that require you to be sober to join. So they will never get help.

In Marin you can't even get a cot at the Mill Street or New Beginnings shelters without taking a breath test.

There are reasons that many enlightened states don't have PI laws. They don't work and are against basic civil liberties. More states have to consider changes in their laws, but most people don't care. We don't need these laws and other states prove we don't.

People being booked for public intoxication should, by law, be required to take a Breathalyzer test. Not only for civil reasons, but it can be a lifesaver. Diabetics can appear to be drunk if they don have their insulin. They would arrest them, put them in the drunk tank and next thing they know, they are dead. This happens often enough for me to read about it.

PI laws are just one of the many laws on the books they have to harass people down on their luck. You can be homeless, but you are not allowed to sleep. Sleep anywhere and it is against the law. In Fairfax CA, even sleeping in your car, on private property, with owners permission is 6 months in jail.

This did not happen the last time we had a huge homeless problem in the nation- The Great Depression. But with the new police state, taking away more and more of our basic rights everyday. It is not the case now. We have to do something, but very few people even care. I do.

References: A Cop Site's Bulletin Board That Has An Interesting and Informative Thread & Postings on PI Laws: Click Here

Wikipedia Link: Click Here

Jim Fox is a Marin County Inventor. More About Jim Fox Click Here