Court overturns Scottsdale public intoxication law - FOX 10 News | fox10phoenix.com

Court overturns Scottsdale public intoxication law

Posted: Updated:
By PAUL DAVENPORT
Associated Press

PHOENIX (AP) - A new court ruling says Scottsdale can't prosecute people for being incapacitated in public due to being under the influence of alcohol.

The ruling issued Tuesday by the state Court of Appeals says Scottsdale's law is pre-empted by a state law prohibiting penalties for being intoxicated in public.

Scottsdale enacted the ordinance to help curb rowdy behavior in its entertainment district.

The latest ruling says Arizona law decriminalizes public intoxication and treats alcoholism as a disease.

A municipal judge had ruled that a man couldn't be prosecuted under Scottsdale's ordinance, but city prosecutors appealed.

A Maricopa County Superior Court judge then ruled that local laws against intoxication aren't barred when the offense includes being under the influence of alcohol.

The Court of Appeals disagreed, ruling that Scottsdale law is barred.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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