(Updated at 5:15 p.m.) Courts in Arlington County will no longer legally declare people drunks and arrest them for drinking alcohol after a federal court ruled the old law unconstitutional.
A full panel of judges on the 4th Circuit Court of Appeals struck down a state law called “interdiction” which allows counties to label people “habitual drunkards” and prosecute them for having or drinking alcohol. The judges ruled 8-7 last week that the law left the meaning of habitual drunkards “unconstitutionally vague” and constituted cruel and unusual punishment — a violation of the Eighth Amendment.
“We hope that this means that our clients can have the debilitating label ‘habitual drunkard’ lifted from them and they can move through their lives without constant fear of prosecution,” said Elaine Poon, the managing attorney at the Legal Aid Justice Center which has helped lead a class-action fight in court to overturn the law for the last three years.
Prosecutors in Arlington this week dismissed seven active cases brought under the nullified law, and police have suspended enforcement — though laws against public drunkenness and other alcohol-related crimes remain on the books.
“In accordance with the United States Court of Appeals for the Fourth Circuit ruling, the Arlington County Police Department has suspended enforcement of the Virginia Code sections related to alcohol interdiction,” said ACPD spokeswoman Ashley Savage. “No arrests or charges will be sought in relation to those code sections.”
Brad Haywood, Arlington’s Chief Public Defender, said attorneys in his office were notified about the change Thursday morning when they showed up to court, and his office was “ecstatic” to hear the news last week.
“This has been an issue that defense attorneys and social workers have been fighting for decades,” he said. “Since the first day I’ve worked a public defender 15 years ago there were concerted efforts to overturn this law.”
Case Dismissed
The case, Manning v. Caldwell, is named after Roanoke man Bryan Manning. A judge declared Manning a “drunkard” nine years ago under the interdiction statute without Manning present because the man, who is homeless and had struggled with alcohol addiction for several years, can be difficult to find. Over the next eight years, Manning racked up over 30 charges related to possessing alcohol or being suspected of drinking it, and the frequent arrests often cost him jobs and led to him losing his possessions.
Manning isn’t the only one: in Arlington, one interdicted man has been charged 37 times, per data the prosecutor’s office shared with ARLnow.
The same data shows 12 people have been interdicted in Arlington since 2015, and in total there are 50 interdicted in the county — with each person averaging 19 prosecutions. Between 1996 and 2015, there were 1,220 people legally declared drunks across Virginia, reported the Richmond Times-Dispatch.