Lawsuit Challenges “Habitual Drunkard” Law

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Federal Class Action Challenges Antiquated Virginia “Habitual Drunkard” Law That Jails Homeless Individuals

The Legal Aid Justice Center and Skadden, Arps, Slate, Meagher & Flom LLP filed a class action lawsuit in federal court challenging the constitutionality of the Commonwealth of Virginia’s “habitual drunkard” statute, to the extent it criminalizes the possession or consumption of alcohol by homeless alcoholics.

The complaint asserts that Commonwealth’s Attorneys Offices across Virginia have used the state’s outdated “habitual drunkard” statute, or Interdiction Statute (Va. Code § 4.1-322), to repeatedly incarcerate homeless individuals, violating their constitutional rights by punishing homeless alcoholics for having the disease of alcoholism. It also violates their right to due process by criminalizing the possession or consumption of alcohol – an otherwise lawful activity – without required constitutional protections. The complaint also challenges the statute as unconstitutionally vague because it fails to define “habitual drunkard” and encourages arbitrary police enforcement.

Resources
Full Complaint (PDF)
Press Release (PDF)
Fact Sheet (PDF)

Media Coverage
Charlottesville Group Challenging ‘Habitual Drunkard’ Law (WVIR-TV NBC29, 3/3/16)
Challenging a State Law that Jails Alcoholics (WVTR-Radio IQ, 3/3/16)
LAJC Challenges Habitual Drunkard Statute (CBS19 Newsplex, 3/3/16)
Lawsuit Seeks to End Jail Time for the Homeless (Roanoke Times, 3/3/16)
Lawsuit: Officials Use Statute to Punish Homeless Alcoholics (The Virginia-Pilot, 3/4/16)
Attorneys File Class-Action Lawsuit Against Virginia’s ‘Habitual Drunkard’ Laws (Richmond Times-Dispatch, 3/6/16)