NE2: Northeast Public Intoxication Act (Law)

[cinyc]

Northeast Public Intoxication Act

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Sponsor: Governor Dallasfan65

Debate on this bill will remain open for 72 hours, or until around 5:15 PM on March 17, unless modified or extended.  The sponsor, Governor Dallasfan65, is encouraged to speak on behalf of the bill within the next 36 hours.  If he does not, the bill will be tabled, as there is more proposed legislation in the queue.

The floor is open for debate.

[cinyc]

I oppose any attempt to allow marijuana smoking or other drug use in public places.  Why should those who don't want to have anything to do with drugs have to inhale marijuana smoke and risk getting a contact high?  And, depending on how you define public space, why should the government be telling private establishments like bars and restaurants that they have to let people use drugs in their establishments?  Shouldn't they be able to make their own rules?

I also oppose getting rid of open container laws in moving automobiles.  Are we trying to increase the amount of drunk driving in the Northeast?

Finally, with respect to Section 4, isn't the Freedom to Enjoy Onesself in Public Act a federal law?  How can we repeal a federal law?

[cinyc]

How does prohibiting open containers reduce drunk driving?

The open container law in automobiles literally prohibits drinking while driving.  A blanket repeal of open container laws it would include drinking in automobiles.   Nobody should be drinking alcohol while driving.  It makes driving drunk more likely.

[cinyc]

As I mentioned earlier, per the Consolidated Marijuana Regulation Act, the same regulations on smoking tobacco in public apply to smoking marijuana in public. If you can smoke cigarettes there, you can smoke pot there.

That being said, I certainly don't want this to be construed as forcing private institutions to accommodate drug use - my definition of "public" in the bill entails parks, streets, etc. Would an amendment assuage this concern?

And under the later Comprehensive Drug Reform Act of 2013, smoking marijuana in public is not permissible.  It is only permissible at home and in licensed establishments.  Your bill would make smoking marijuana at City Hall permissible, as it is a public space.  Why should those who want nothing to do with drugs be assaulted with marijuana fumes while going to a city council meeting?

At a minimum, the bill should only apply to outdoor public spaces.  Even then, although it's a bit more tenuous, why should those who want nothing to do with drugs have to walk through a haze of marijuana smoke when going to the beach or their workplace?  And shouldn't a building owner have the right to ban smoking on their property near building entrances, if they wish?

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I suppose it depends on whether you think people want to be bothered by drunks while taking mass transit.  Most grown-ups would rather not have to deal with obnoxious drunks while on their way home from work.  Increasing the number of places where people can drink alcohol increases the likelihood that those who want to have nothing to do with drunks will have to have something to do with drunks.

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Point taken.  I only found the federal bill when doing a web search.  "Onesself" should be "Oneself" in the "Freedom to Enjoy Onesself in Public" of Section 4(1), and you need to add Act or Law at the end of the phrase, whichever it is.

[cinyc]

Passengers should be allowed to drink, though, no? And I think that drinking in parked vehicles is something that shouldbe allowed- for example, a group may want to drink before a concert or something in their vehicle before doors open. Nothing wrong with that. We have a legal limit and if a driver is above that he would already be punishable on that basi.

If passengers can legally drink in a moving vehicle, then every driver will claim that the open container in the car wasn't his, rendering enforcement impossible.  That's why we have open container laws in automobiles.  Drinking alcohol while driving should be illegal, regardless of how close to the legal limit the driver is.  It increases the risk that a driver will become a drunk driver.

I'm not saying anything about drinking in a parked car.

[cinyc]

Passengers should be allowed to drink, though, no? And I think that drinking in parked vehicles is something that shouldbe allowed- for example, a group may want to drink before a concert or something in their vehicle before doors open. Nothing wrong with that. We have a legal limit and if a driver is above that he would already be punishable on that basi.

If passengers can legally drink in a moving vehicle, then every driver will claim that the open container in the car wasn't his, rendering enforcement impossible.  That's why we have open container laws in automobiles.

Isn't most of this negated by the advent of breathalyzers?

No.  By allowing people to drink while driving, you're increasing the likelihood that someone will drive drunk.  At least at a bar, people can wait after drinking to sober up.  There is no sobering up if you are drinking alcohol while driving.  You are making your physical condition worse while operating a motor vehicle.  I don't see why we should encourage people to drink while driving by getting rid of open container laws for moving automobiles.

[cinyc]

Governor Dallasfan 65: is Rep. Deus' proposed amendment friendly?

[cinyc]

The debate period is over.  We are awaiting input from Governor Dallasfan65 on the proposed amendment before we can put the bill or amendment to a vote.

[cinyc]

As I said before, the debate period is over.  It is time to vote on the bill, as amended:

Northeast Public Intoxication Act

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This vote will remain open for the earlier of 48 hours or when all Representatives have voted.

[cinyc]

Nay

[cinyc]

What about my amendment?

Whoops.  I forgot to add it.  Do we need a revote?

[cinyc]

I missed an amendment to the bill.  We will have to revote on the bill as properly amended:

Northeast Public Intoxication Act

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This vote will remain open for the earlier of 48 hours or when all Representatives have voted.

[cinyc]

Nay

[cinyc]

By a 4-1 vote, the bill passes and goes to Governor Dallasfan65's desk for his signature or veto.

[cinyc]

The governor has signed this bill into law.