Civil rights suit says Virginia 'drunkard' law criminalizes those who are homeless alcoholics
A federal civil rights suit filed Thursday in Roanoke, Virginia says two cities are unconstitutionally jailing homeless alcoholics, after utilizing a civil statutory proceeding in which a judge declares an individual to be a “habitual drunkard.”
Once branded in this manner under the so-called interdiction statute, a homeless alcoholic can be jailed simply for purchasing, possessing or consuming alcohol, whether or not he or she is intoxicated or involved in disruptive or disorderly conduct, says the complaint (PDF)
The statute is unconstitutionally applied to homeless individuals in Roanoke and Richmond, who have no choice but to spend much of their day in public, and criminalizes their disease of alcohol use disorder, the suit says. Meanwhile, because interdiction is a civil proceeding, the individual has no right to legal counsel at that point, despite the jail time that can result from subsequent criminal prosecution.
Filed by the Legal Aid Justice Center with the help of Skadden Arps Slate Meagher & Flom, the suit seeks class-action status. It also seeks a declaratory judgment that the interdiction statute violates federal and state constitutional guarantees of equal protection and due process, as well as the right to be free of against cruel and unusual punishment.
Damages are not specifically requested, but the plaintiffs ask for injunctive relief and attorney’s fees and costs.
However, they do not challenge the constitutionality of the statutory ban against interdicted persons being drunk in public and against selling alcohol to an interdicted person, the suit notes.
A fact sheet (PDF) provides further details.
The Associated Press and the Roanoke Times have stories.
See also:
ABA Journal: “Cities get mired in civil rights disputes in trying to deal with growing homeless populations”
ABAJournal.com: “Public-intoxication law is voided by Arizona appeals court”
ABAJournal.com: “Man Is Jailed for Charging Cellphone In Park Picnic Area of City That Offers Free Charges for E-Cars”
