"Habitual Drunkard" Law Ends in Virginia, Opening Room for
Constructive Alternatives
On August 2, Virginia Attorney General Mark Herring announced that Virginia would not appeal the 4th Circuit’s decision striking down an antiquated law allowing police to arrest and imprison people deemed “habitual drunkards”. This decision not to fight to keep the habitual drunkard law brings Virginia out of the
18th Century and sets an example for alternative solutions in the modern age, where we know that the best outcomes are reached not through criminalization and imprisonment but through supportive systems and creative alternatives to the criminal justice system.
The Virginia habitual drunkard law allowed the state courts to declare a person a “habitual drunkard,” making it a crime for those people to merely possess alcohol. But there was no clear definition for “habitual drunkard”, allowing the state to deem even occasional heavy drinkers as “drunkards”. As the 4th Circuit stated in its decision, this meant the state could target any person the state thought was undesirable, including those experiencing
homelessness.
The Law Center and its allies worked together to talk with the Virginia AG about how ineffective these kinds of antiquated laws are and offered constructive alternatives that actually help to end homelessness and improve outcomes for people experiencing homelessness. Alternative programs also allow police to stop spending time arresting unsheltered people for conduct that would be legal if they were inside homes. Instead, police can spend their time addressing real public
health and safety concerns rather than arresting people based on their shelter status. Not only does this increase overall public safety, but it saves money on police resources.
With Virginia’s decision not to further pursue its habitual drunkard law, the commonwealth has taken an important step toward effective solutions to ending homelessness and unsheltered alcoholism. The Law Center is ready to work with the state legislature, law enforcement, and other housing advocates to find alternatives that focus on good outcomes and ultimately housing for all. |