By STEVE PRISAMENT
Staff Writer

GALLOWAY TOWNSHIP – Council began taking steps Tuesday, Aug. 19 to revise portions of an ordinance to allow public drunkenness in municipal parks.

“State law apparently allows you to be intoxicated in public parks,” according to Mayor Tom Bassford. “The JIF (Joint Insurance Fund) recommended removing any such bans to avoid becoming party to a lawsuit.”

The action is the result of suit by a Moorestown man arrested last year in Maple Shade who seeks compensation for those who had to pay legal fees and other costs after being wrongly prosecuted for public intoxication.

The lawsuit brought Friday, June 13 in U.S. District Court in Camden on behalf of Joseph W. McMullen states that at least 74 New Jersey municipalities illegally enforce ordinances that make public intoxication a crime, even though such local laws were ruled illegal by the state Legislature in 1975.

McMullen was reportedly walking home from a bar when he was arrested. He spent $500 in attorney fees before his lawyer convinced the Maple Shade judge to dismiss the charge.

His suit seeks class-action status and named Maple Shade, in Burlington County, as the initial defendant.

It contends the state's Alcoholism Treatment and Rehabilitation Act means that New Jersey wants to deal with alcoholism as a disease and to decriminalize it.

The JIF, according to Township Solicitor Michael Blee, wants to remove the township from any liability in the lawsuit.

“There are a lot of municipalities with such bans,” Bassford said. “We have a local ordinance that we’re going to have to change.”

Bassford said the case is “all about attorneys suing. If he wins, he gets paid by all the municipalities.”

Bassford said many class action suits are brought for this reason. He gave a theoretical example:

“If they sue for say, five counts, if they win just one count they get to bill each municipality for legal fees,” the mayor said. “So, say someone sues for $1 million and the suit doesn’t stand a chance. The jury doesn’t know this is going on. So they feel sorry for the plaintiff and award a couple of thousand dollars for pain and suffering.”

The real winner, Bassford said, is the plaintiff’s attorney who can bill each municipality for his legal fees.

Blee made a comparison with how Pennsylvania deals with public intoxication.

“Pennsylvania allows them to have a drunk court at the Eagles games,” he said. “While we can’t even prohibit it in public parks.”

Blee said that while the governing body had to remove references to being intoxicated from the ordinance – Chapter 261 of the municipal code – it would still be illegal to drink at the park.

“You can still prohibit public use of alcoholic beverages,” he said.

“That’s great,” came a comment from the audience. “You can drive there. You just can’t drink there.”