HomeUploadUpload DirectHotlinkRandomAbouttheme toggle

Drop That Red Cup! City Criminalizes College Parties

Views:1045
@ReasonVids

College life may include studying late in the library, going to class in pajamas, ultimate Frisbee, or engaging in an age-old college tradition: the college house party.

"We've had a couple here, My roommate really likes the Risky Business theme." says Nick Quandt, a resident of Orange, California, and a student at Chapman University. "Sometimes you'll get back to the house around nine o'clock and there'll be a couple freshman at your house that think the party starts at nine o'clock and nobody else gets there till eleven."

The parties happen as often as you'd expect in a college town, but not everyone is happy about them. Orange residents at a city council meeting April 12, 2016, described college students urinating and vomiting in front yards that were not their own and noise that went well into the night. Even city council members like Fred Whitaker have experienced the behavior.

"You had probably 400 kids that were in a backyard about 3 blocks from my house," said Whitaker, who along with the rest of the city council helped to pass a new ordinance that tightens rules on loud and unruly parties which, according to Whitaker, are so bad they affect neighbors' ability to enjoy their own property. He says it come down to the question of "How do you create incentives to not have people affect other people's rights?"

The ordinance sounds reasonable on its face (Who wants someone peeing in their front yard?), until you look at the details. The ordinance makes it unlawful for any person to be "present at, attend or participate in a loud or unruly gathering," and to do so in a way that "contributes" to the gathering. According to city code, the punishment could be hundreds of dollars worth of fines and the violation amounts to a misdemeanor.

"There are important consequences to a misdemeanor conviction or any criminal record," says Erwin Chemerinsky, Dean of the University of California, Irvine, Law School. "This isn't gentle by any means."

Wayne Winthers, the city attorney for Orange gave a little more insight into what contributing might mean at the city council meeting, April 12, saying "The individual has to be doing something more than just walking by at the time ... Some indication that they are contributing to the party. They may be with their red cup or they're jumping up and down to the music or whatever it might be, but, something so an officer has to observe something more than just mere presence."

So holding a red cup or dancing at a loud or unruly party could mean you are guilty of a crime? The ordinance didn't seem specific enough to answer "no" to this sort of question. "It's just so vague," says Quandt. "And also ... blatantly directed at college students."

"I think the reason that you don't want it to be that specific is because the more specific you get it, the more you can game the system," says Whitaker. Instead, the ordinance gives discretion to the officers on the scene to decide if someone is participating in the party. "It's a 'when you see it, you know it' situation," says Whitaker.

"To say we will leave it to the discretion of the officer to decide what's unruly by itself says this ordinance violates the constitution," says Chemerinsky, who also points out that part of the problem with the ordinance is that it is not clearly written, "It says 'to do so in a manner that contributes to the loud or unruly gathering.' I assume just by being there you're contributing to the gathering. Is more required than that? The ordinance doesn't say."

That lack of specificity means practically anyone could be guilty of a criminal behavior. Chemerinsky says that under the constitution, any law must be clear as to what is allowed and what is prohibited. "In fact one of the concerns is that officers would have too much discretion and be able to use it in a discriminatory way."

Read more at http://www.reason.com/reasontv

Music by Goodbye Kumiko, Bird Creek, Kevin MacLeod, The Underscore Orkestra.

college
,
party
,
parties
,
red cups
,
solo
,
orange
,
criminalize
,
house party
,
animal house
,
broken windows theory
,
misdemeanor
,
chapman university
Thumbnail for Mike Pence is a Conservative Statist: Judge Andrew Napolitano on Trump's VP Pick0:43
Mike Pence is a Conservative Statist: Judge Andrew Napolitano on Trump's VP Pick
ReasonVids
897 views
Thumbnail for The Vaccine Separated The Wheat From The Chaff7:57
The Vaccine Separated The Wheat From The Chaff
bestofvoatxyz
1184 views
Thumbnail for Libertarians Should Be More Optimistic About the Future: The Freeman's Max Borders6:48
Libertarians Should Be More Optimistic About the Future: The Freeman's Max Borders
ReasonVids
1038 views
Thumbnail for All For Love5:41
All For Love
murdochmurdoch
1155 views
Thumbnail for Bassem Youssef Was 'Egypt's Jon Stewart.' Then He Was Forced To Flee.17:36
Bassem Youssef Was 'Egypt's Jon Stewart.' Then He Was Forced To Flee.
ReasonVids
944 views
Thumbnail for Stossel: Plastic Straw Myths4:17
Stossel: Plastic Straw Myths
ReasonVids
889 views
Thumbnail for "Instead of giving them iPads..."0:09
"Instead of giving them iPads..."
AOUisgay
455 views
Thumbnail for Teaching A.I. to Play my Game! | Dani10:45
Teaching A.I. to Play my Game! | Dani
invidious
311 views
Thumbnail for Parade goose step of the Black Guards - Hitler's personal army.0:56
Parade goose step of the Black Guards - Hitler's personal army.
Gviduser
515 views
Thumbnail for Learn the ABCs: "X" is for Xylophone | Cocomelon - Nursery Rhymes1:18
Learn the ABCs: "X" is for Xylophone | Cocomelon - Nursery Rhymes
invidious
25 views
Thumbnail for Kamala Harris: Drug Warrior, Vice Cop, Draconian Prosecutor7:37
Kamala Harris: Drug Warrior, Vice Cop, Draconian Prosecutor
ReasonVids
877 views
Thumbnail for Netinyajew admits it 0:32
Netinyajew admits it
bestofupgoat
190 views
Thumbnail for Do Parents Matter? Q&A with Bryan Caplan, Author of Selfish Reasons to Have More Kids7:24
Do Parents Matter? Q&A with Bryan Caplan, Author of Selfish Reasons to Have More Kids
ReasonVids
786 views
Thumbnail for Cops at Uvalde School shooting went in and took their kids out, then went back outside to keep other parents from going in and doing anything to stop the shooter0:27
Cops at Uvalde School shooting went in and took their kids out, then went back outside to keep other parents from going in and doing anything to stop the shooter
bestofvoatxyz
901 views
Thumbnail for nigger swaggers employs literal zogbots for 80k a year2:21
nigger swaggers employs literal zogbots for 80k a year
bestofupgoat
525 views
Thumbnail for Conservative Artist Sabo: "My focus was to be mean, nasty, and just as bad as Bill Maher"6:59
Conservative Artist Sabo: "My focus was to be mean, nasty, and just as bad as Bill Maher"
ReasonVids
903 views
Thumbnail for Reason's "Bailouts & Bull" Viewing Party: Scenes from our 3/13 event2:35
Reason's "Bailouts & Bull" Viewing Party: Scenes from our 3/13 event
ReasonVids
891 views
Thumbnail for The old ways, are the best ways0:58
The old ways, are the best ways
AOUisgay
467 views
Thumbnail for Diet working as intended0:50
Diet working as intended
bestofvoatxyz
484 views
Thumbnail for Snorkel Respirators, 3D-Printed Masks, and Other Grassroots Efforts To Fight COVID-199:11
Snorkel Respirators, 3D-Printed Masks, and Other Grassroots Efforts To Fight COVID-19
ReasonVids
952 views
Thumbnail for Jonas Brothers Headline National School Choice Week 20132:10
Jonas Brothers Headline National School Choice Week 2013
ReasonVids
901 views
Thumbnail for Cyclist chased by stupid cow.  0:16
Cyclist chased by stupid cow.
bestofupgoat
230 views

points

Permalink
Reply
college
,
party
,
parties
,
red cups
,
solo
,
orange
,
criminalize
,
house party
,
animal house
,
broken windows theory
,
misdemeanor
,
chapman university
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle