Disorder ordered in public order?

Photo: Tairo Lutter

July 1^st. New law allows for polite binging and protects people by silent hours starting 60 minutes sooner.

From public drinking point of view, the law and order act entering into force from July has been described as follows: earlier, you weren’t allowed to drink in public places but staggering was okay; now, drink but don’t you stagger. 

The act carries the word «hypocrisy» – once allowed to drink in the public, how will one keep from staggering? On the one hand: the rules will loosen up, but will the police be allowed to be tougher? Perhaps, there’s the danger of having a law but it won’t be kept. Riigikogu featured no real prior debate.

The law was ratified in February, this year. Even so, it does have a longer history: as early as in spring of 2007 as a new government was born, then justice minister Rein Lang (Reform Party) expressed hopes that law and order law will not be stuck in Riigikogu and gets a pass. Not so. Back then, deep differences developed between Mr Lang and Centre Party social minister Jaak Aab – over the plan to substantially loosen rules of consuming alcohol; therefore, the act didn’t materialise.

The law does contain quite a bunch of amendments and information vitally information for people; still, the one sounding the loudest, over the years, has been debate over public consumption of alcohol. 

So, seven years back, justice ministry officials had a jolly time writing a letter of explanation to the bill: «The widespread notion that public consumption of alcohol or even being [publicly] drunk is prohibited, is hypocritical and totally incompatible with the Western civilisation where moderate consumption of alcohol is socially adequate behaviour.»

Now, the «Western civilisation» has arrived and, starting July 1^st, alcohol may be consumed in public places.

Police and Border Guard central criminal police development chief Priit Heinsoo issues a call: «Do whatever you can do in order to not endanger yourself and others, by your behaviour!»

A civil sip of wine on a park lawn won’t jail anybody. Should a complaint come, the police will try to judge objectively, as bystander. «Moods vary: at times, a trivial issue serves to anger; on other occasions, one tolerates more. That takes the objective glance of a bystander,» says Mr Heinsoo.

In case of problems, the disturber will be called to order; should that prove insufficient, the police will apply force. In addition to things prescribed by the law, local governments are able to forbid drinking at health routes, children’s playgrounds, and in vicinity of the latter.

Mr Heinsoo is hopeful that the police will not have extra work, come July 1^st. «With the current absolute alcohol ban, we still see people on park benches, on hot days, a can of beer or cider in hand, and it is not reacted to with full strictness. The spirit of the law still is for people to use their rights and liberties in the society, and the state only intervenes when somebody feels disturbed,» he says.

Mr Heinsoo underlines that people need to feel responsible for public order. «And the responsibility also provides for the obligation to remove any danger at its inception,» he explains.

Pursuant to regulation by social minister, police will be establishing intoxication by drugs or alcohol via external observation and by asking questions, to list a few options. Signs of intoxication externally observable are personal appearance, coordination disorders, and behaviour disorders. By posing questions, a policeman will assess if the person is having disturbances in speech, as well as in sensing time, personhood and location, and if memory.

In addition to observation, intoxication is detected by way of smell of alcohol in the air exhaled by a person. With drugs, psychotropic etc substances, the look in the eyes may tell the tale.

To stagger, or not to stagger, then? Is that allowed or isn’t it?

Mr Heinsoo laughs, then says: «A glance at the current Alcohol Act, it says it is forbidden to be in a public place while intoxicated, if by this human dignity and social morals are insulted. If, however, a person staggers, but does so moderately, if the person is adequate and aware of himself in time and space, then it’s not a problem now and will not be in the future. It is important for people not become a danger to themselves.»

Comment

Sander Põllumäe, justice ministry public law adviser

If a person behaves correctly and is not disturbing others, the new law will not change much for him. We are having to do with a law that has been tackled for quite a while; probably, the society has reached a place in its development where there is an agreement to give up law/order protection geared towards punishment. 

The future should be intervening and forming law/order protection. Punishments will not fix things. The law and order law is a law for fixing things.

According to the new act, police may also intervene when it detects a danger while no offence had yet happened. Currently, an offence is basis for police to intervene; but that needs not be so. Once the police has realised there is sufficient probability for disturbance of order, they may preventively intervene.

The new law provides for the option that if it is known that, at a public event, alcohol is being consumed and the option exits for drunk driving, the police will not have to wait for the first phone call, but may show up in time and start checking all drivers exiting the area.

Even with no basis to suspect a definite driver, he will still be asked to blow, to be convinced – all drivers are sober.

With the new law, what counts most is prevention. To determine the threat, to divert the threat, to prevent the threat.