Open containers and Ocean City

As arguably one of Maryland’s premier destinations, Ocean City prides itself as a place where families and individuals can come, relax and visit any number of attractions from the Boardwalk to Seacrets.

For many people who visit, part of the unwinding process involves the consumption of alcohol in some form or another. There is no shortage of
bars in town to visit, but what about drinking outside homes and bars?

Actually, wandering around beer in hand is what’s known in police and prosecutorial lingo as having an “open container.” And, in Ocean City, if the police catch you on the Boardwalk quaffing a Bud Light you could find yourself in handcuffs.

Inside town limits, having an open container is against the law and is punishable by either a municipal citation, which carries a fine, or through arrest, which leads to court and a possible criminal record.

The decision is solely at the discretion of the police officer. In other words, some people go to jail while others get a ticket depending on the judgment of the officer.
I interviewed the Ocean City Chief of Police Bernadette DiPino during the 2003 summer season about the high number of open container arrests compared to citations. As an example, in the first 19 days of June 2003 there were 1,542 total arrests made. Of those, 515 were for open container offenses.

At that time, DiPino said she viewed the crackdown on open container offenses as an example of “broken window” police strategy. The idea is that by stopping smaller crimes you prevent bigger ones.

There is merit to that argument given that alcohol is involved in the vast majority of crimes that occur in the resort there is merit to the argument. Cracking down on open containers also gives officers a way to possibly uncover other offenses — maybe the person has an outstanding warrant or a pocket full of contraband.

Now, though all of that could change. The Ocean City Mayor and Council will address the open container law at its meeting on Monday night. A resolution has been broached that would take the arrest option off the table and give officers only one option, issuing a citation with a $200 fine. The fine drops to $100 if paid within 48 hours.

DiPino and the county’s top prosecutor are on the record as being opposed to the change.

How do you feel? Is the crime worth the time so to speak? Or, should it be a play at your own risk situation like speeding or parking in a no parking zone?