As an indication of how absurd booze laws can be, Boise City Council is considering an ordinance to allow tailgating and drinking within a portion of Julia Davis Park and on certain streets, but only when BSU is playing football. No exceptions for NCAA basketball tournaments, baseball games, or bike racing and with NO LOGOS OR BRANDS DISPLAYED.
The proposed ordinance actually prohibits “POSSESSION OF, OR CONSUMPTION OF ALCOHOL FROM, OPEN ALCOHOLIC BEVERAGE CONTAINERS BRANDED OR LABELED BY AN ALCOHOL BEVERAGE MANUFACTURER OR DISTRIBUTOR.”
What about apple juice from a plastic cup with a BUD LITE logo? Can you drink if a can is covered with a “coolie.” What about a COKE with a COORS coolie? Would coppers really write tickets for drinking out of the wrong container?
We are told the back story is a political decision to make the Boise City LAW comply with what has become BSU PRACTICES. That is, to allow drinking on campus as long as the booze is in a cup and not a blatant violation of the no booze policy at the campus. When laws get down to allowing consumption based on the color and printing on a container and not the CONTENTS of the container, those laws tread on the equal protection clause of the 14th amendment.
A simple solution would be for the BSU “CEO” to simply issue a waiver of the no booze rule as permitted by Idaho State Board of Education GOVERNING POLICIES AND PROCEDURES. IF he does that, it eliminates all hypocrisy and potential challenges to the arbitrary and capricious Boise City Code proposed.
To their credit, Boise coppers want the law so they don’t have to write so many “open container” tickets and make criminal records for decent citizens of the Bronco Nation. Coppers cannot enforce university RULES, and city ordinances don’t apply on university property. Do we really need more laws?
To insure more advertising-free Boise Guardian news, please consider financial support.