A group of homeless Virginians went before the en banc Fourth Circuit on Wednesday hoping to overturn a state law that targets public alcohol consumption by “habitual drunkards.”
“The law clearly demonstrates it is targeting [the plaintiffs] because of their homeless status,” said Jonathan L. Marcus, a lawyer with New York-based Skadden Arps who argued on behalf of the group before the Richmond, Virginia-based federal appeals court.
He said the law results in violations of several constitutional rights. But that approach had not persuaded a federal judge who dismissed the case in February 2017.
The law dates back to the 1930s and creates a system for someone to be brought before a judge and classified a “habitual drunkard” after it is proven they cannot safely consume alcohol and are hurting themselves or the community.
https://www.courthousenews.com/full-fourth-circuit-weighs-habitual-drunkard-law/