Foxborough Public Drunkenness Fine Is Not Proper, Attorney General Confirms

Foxborough's Police Chief, Edward O'Leary, did not receive the good news that he was hoping for yesterday in regards to Foxborough's proposed bylaw to establish a fine for public drunkenness. 

The controversial bylaw to establish a fine for public drunkenness in Foxborough was denied by the office of Attorney General Martha Coakley.

The bylaw, which would have established a "non-criminal" $200 fine for public drunkenness, was voted in at the by a vote of 100-47. 

Foxborough's Town Clerk, Robert Cutler received notice from the Attorney General's Office yesterday that showed the proposed bylaw on alcohol impaired people is not proper. The bylaw was struck down due to a state law established in 1971 that prohibits communities from creating any bylaw that has a criminal or civil penalty for public intoxication.

The 1971 state law,  Section 18 of Chapter 1067 of the Acts of 1971, states:

"Any existing ordinance, by-law, resolution or other legislation of a county, municipality or other jurisdiction within the commonwealth establishing the offense of public intoxication or any equivalent offense is hereby repealed. No county, city, town or other political subdivision of the commonwealth shall adopt any law, ordi- nance, by-law, resolution or regulation having the force of law which provides that public intoxication or being found in any place in an intoxicated condition shall constitute an offense, a violation or the subject of criminal or civil penalties or sanctions of any kind..."

The next step for Foxborough would be to amend that state law. However, Chief O'Leary is not considering that move at this time. 

The town of Foxborough, compared to many other communities in the Commonwealth, records a high number of protective custodies each year because of the increased volume of liquor license holders in town, along with big events at Gillette Stadium such as the New England Country Music Festival.