Lawsuit charges Virginia’s ‘habitual drunkard’ law is unconstitutional
Virginia’s “habitual drunkard” statute violates the commonwealth’s constitution
by criminalizing the consumption of alcohol by homeless alcoholics, charges a
class action lawsuit filed by the Legal Aid Justice Center and Skadden, Arps, Slate, Meagher & Flom LLP.
by criminalizing the consumption of alcohol by homeless alcoholics, charges a
class action lawsuit filed by the Legal Aid Justice Center and Skadden, Arps, Slate, Meagher & Flom LLP.
The
complaint, filed in federal court earlier this month, asserts that commonwealth’s
attorneys offices have used the Interdiction Statute (Va. Code
§ 4.1-322) to repeatedly incarcerate homeless individuals, violating their
constitutional rights by punishing them for having the disease
of alcoholism.
The
statute also violates individuals’ right to due process by criminalizing the
possession or consumption of alcohol – an otherwise lawful activity – without
required constitutional protections, the lawsuit charges. In addition, the plaintiffs challenge the statute as
unconstitutionally vague because it fails to define “habitual drunkard” and
encourages arbitrary police enforcement.
statute also violates individuals’ right to due process by criminalizing the
possession or consumption of alcohol – an otherwise lawful activity – without
required constitutional protections, the lawsuit charges. In addition, the plaintiffs challenge the statute as
unconstitutionally vague because it fails to define “habitual drunkard” and
encourages arbitrary police enforcement.
Under Virginia
law, people convicted of public intoxication are subject to a small fine. The antiquated
interdiction law, however, goes far beyond that by allowing a commonwealth’s
attorney to petition the circuit court to declare someone a “habitual
drunkard,” the plaintiffs say. Once given this stigmatizing label, that person is subject to up to
a year in jail if caught simply possessing alcohol.
law, people convicted of public intoxication are subject to a small fine. The antiquated
interdiction law, however, goes far beyond that by allowing a commonwealth’s
attorney to petition the circuit court to declare someone a “habitual
drunkard,” the plaintiffs say. Once given this stigmatizing label, that person is subject to up to
a year in jail if caught simply possessing alcohol.
“This is a
civil rights violation, plain and simple,” said Legal Aid Justice Center
attorney Mary Frances Charlton. “The interdiction proceedings create a crime
where none exists and place criminal sanctions on individuals who are guilty of
nothing more than being homeless and addicted to alcohol – ultimately placing
even more obstacles between them and the help that they severely need.”
civil rights violation, plain and simple,” said Legal Aid Justice Center
attorney Mary Frances Charlton. “The interdiction proceedings create a crime
where none exists and place criminal sanctions on individuals who are guilty of
nothing more than being homeless and addicted to alcohol – ultimately placing
even more obstacles between them and the help that they severely need.”
According to
data reported to the Virginia Department of Alcoholic Beverage Control in fall
2015, 60 cities and counties across Virginia have interdicted more than 1,220 “habitual
drunkards” in the past nine years.
data reported to the Virginia Department of Alcoholic Beverage Control in fall
2015, 60 cities and counties across Virginia have interdicted more than 1,220 “habitual
drunkards” in the past nine years.
Bryan Manning, one of the plaintiffs in the class action suit, has been jailed more than 30 times under the interdiction law,
spending the majority of the last five years in the Roanoke City Jail. “I’m
tired of being harassed by the police because I’ve been labeled a ‘habitual
drunkard,’” he said.. “Since I don’t have a home, every time I go to jail I
lose what little possessions I have.”
spending the majority of the last five years in the Roanoke City Jail. “I’m
tired of being harassed by the police because I’ve been labeled a ‘habitual
drunkard,’” he said.. “Since I don’t have a home, every time I go to jail I
lose what little possessions I have.”
The frequent
incarcerations have worsened Manning’s mental health problems, as he loses
access to psychiatric medications and treatment while locked up.
incarcerations have worsened Manning’s mental health problems, as he loses
access to psychiatric medications and treatment while locked up.
One response to “Lawsuit charges Virginia’s ‘habitual drunkard’ law is unconstitutional”
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We need Virginia’s “habitual drunkard” statute. it s the best and last alternative to extreme alcoholics who are a danger to themselves and others and the mental health system refuses or does not force their treatment or involuntary commitment.