Download E-Card
Harrisonburg has chosen to enforce an invalid ordinance to target JMU students holding red solo cups.

Practice Areas

Library

General

view all

As enforced against red solo cups the Harrisonburg open container ordinance is invalid.

Under Dillon’s rule, Harrisonburg cannot do anything the Virginia code does not expressly allow the city to do.

Under § 4.1-128 (B.), Harrisonburg is permitted to enact an ordinance that regulates or prohibits the possession of opened alcoholic beverage containers in its local public parks, playgrounds, public streets, and any sidewalk adjoining any public street.

Under (C.) of that section: C. Except as provided in this section, all local acts, including charter provisions and ordinances of cities and towns, inconsistent with any of the provisions of this title, are repealed to the extent of such inconsistency.

Harrisonburg has gone beyond what is expressly allowed in both the type of container and the area.

Open container of Alcohol & Drinking in Public – Code 16-8-51

. . . It shall be unlawful for any person to possess an open container, cup, can, glass or bottle containing an alcoholic beverage in any city park or playground or on any public street in the city and or in any area open to the general public.

By action of law, 16-8-51 is repealed to the extent of the inconsistency.


Bookmark and Share