Homeless jailed frequently under 'habitual drunkard' law

By Denise Lavoie AP Legal Affairs Writer

Thursday, May 17, 2018 10:05 AM

RICHMOND, Va. (AP) A federal appeals court is weighing a challenge to a Virginia law that allows police to arrest "habitual drunkards" and send them to jail for up to a year for possessing alcohol.

A survey conducted by the Legal Aid Justice Center shows that Virginia and Utah are the only states that make it a crime for someone designated as a habitual drunkard to possess, consume or purchase alcohol.

The center is accusing Virginia officials of using the law to punish homeless alcoholics.

A judge dismissed the group's lawsuit last year, but the 4th U.S. Circuit Court of Appeals in Richmond is now considering its appeal.

The state Attorney General's Office argues that Virginia has a legitimate interest in discouraging alcohol and drug abuse, and has the authority to control the sale and possession of alcohol.

Homeless jailed frequently under 'habitual drunkard' law

In this Tuesday, May 1, 2018 photo, inmate Richard Walls arrives at an attorney interview room at Richmond City Jail in Richmond, Va. A federal appeals court is weighing a challenge to a Virginia law that allows police to arrest habitual drunkards and send them to jail for up to a year for possessing alcohol. (AP Photo/Steve Helber)

The Associated Press

In this Tuesday, May 1, 2018 photo, inmate Richard Walls displays his inmate number during an interview the Richmond City Jail in Richmond, Va. Walls is not a hardened criminal, but he is what Virginia calls a habitual drunkard, a designation that allows police to arrest him and jail him for up to a year if hes caught with alcohol. The law, which dates back to the 1930s, is being challenged by the Legal Aid Justice Center, a nonprofit advocacy group that provides legal services to low-income people. (AP Photo/Steve Helber)

The Associated Press

In this Tuesday, May 1, 2018 photo, inmate Richard Walls holds a page of notes during an interview in the Richmond City Jail in Richmond, Va. A federal appeals court is weighing a challenge to a Virginia law that allows police to arrest habitual drunkards and send them to jail for up to a year for possessing alcohol. (AP Photo/Steve Helber)

The Associated Press

In this Tuesday, May 1, 2018 photo, inmate Richard Walls walks back to his cell block after an interview at Richmond City Jail in Richmond, Va. A federal appeals court is weighing a challenge to a Virginia law that allows police to arrest habitual drunkards and send them to jail for up to a year for possessing alcohol. (AP Photo/Steve Helber)

The Associated Press

In this Tuesday, May 1, 2018 photo, inmate Richard Walls gestures during an interview at the Richmond City Jail in Richmond, Va. Walls is not a hardened criminal, but he is what Virginia calls a habitual drunkard, a designation that allows police to arrest him and jail him for up to a year if hes caught with alcohol. (AP Photo/Steve Helber)

The Associated Press

In this Tuesday, May 1, 2018 photo, attorney Mary Frances Charlton, left, talks with inmate Richard Walls during an interview at the Richmond City Jail in Richmond, Va. A federal appeals court is weighing a challenge to a Virginia law that allows police to arrest habitual drunkards such as Walls and send them to jail for up to a year for possessing alcohol. (AP Photo/Steve Helber)

The Associated Press

In this Tuesday, May 1, 2018 photo, inmate Richard Walls listens during an interview at the Richmond City Jail in Richmond, Va. Walls is not a hardened criminal, but he is what Virginia calls a habitual drunkard, a designation that allows police to arrest him and jail him for up to a year if hes caught with alcohol. The law, which dates back to the 1930s, is being challenged by the Legal Aid Justice Center, a nonprofit advocacy group that provides legal services to low-income people. (AP Photo/Steve Helber)

The Associated Press