What is your opinion on this?

[crazyme5kids]

My daughter came home today for a visit. While we were having dinner she said she had to go to court in Aug. So here is the story.

She lives in Brooklyn. She went to a party that took place on the roof of the building the party thrower/throwers live in. Long story short, the cops show up, she and several others get a ticket for having an open container (beer in this case).

The fine is $25.00. She is going to fight it because she feels that she was not in a public place with an open container.

My mother agrees with her. My brother who lives in NYC also agrees. He actually started spouting off some cases that have been fought on the issue.

Me? I just hope she stays calm and polite in court so that I don't have to go bail her out of jail .

So what do you think? was it a public or private place?

 

[freckles and boo]

I think I would pay the $25 and put it behind me. If the people partying on the roof didn't own the building and the rooftop wasn't part of the the space they were specifically renting then it seems like a battle that isn't worth fighting. Plus, they were obviously annoying someone if the police were called.

 

[kirbsam]

for 25 bucks, i would just pay it. it will cost her more than that in time and other expenses to fight it.

 

[The Mystery Machine]

The roof of a building someone lives in would be a public use space.

Unless the person hosting the party owned the building or the person.

If the owner says it is for use of the tenants then it would be a public space.

 

[java]

I would pay it too.
The roof doesn't belong to them so technically it is public property particularly if one of the neighbors that complained was from the building.

Fighting it sounds cool but really isn't in real life- it's a drag. Sitting around a courthouse. And chances are she may get it lowered but it's only $25 if it were $300 I would fight but a $25 eh not worth the trip to the courthouse.

 

[RitaZ.]

for 25 bucks, i would just pay it. it will cost her more than that in time and other expenses to fight it.

I agree. Her time is worth more than $25.

 

[crazyme5kids]

I'd pay it too. She said someone complained about the noise.

So, it seems so far people feel the roof would be considered public space, but is it really? The roof isn't opened to the public like say a park is or even a city street. I can see both sides of the issue.

 

[momof1princess]

speaking purely as someone who has worked in the legal field, fighting this $25.00 is going to cost her a lot more than the fine. going to court can be an all-day proposition, depending upon the length of the docket and how quickly the cases go. she could sit for hours waiting to hear her name called. this is probably going to mean a day off work, transportation costs of some sort, and if she loses-the original fine on top of that and perhaps court costs. in her shoes, i would pay the $25.00 and get on with my life. i do, however, understand her frustration and indignation, having been to court myself (speeding ticket, years ago-oops!), so if she does decide to fight it, i wish her good luck.

 

[LoraJ]

My roof is deeded to me and my neighbor. At least most of it is. There are parts labeled as "common use."

For $25, I would probably just pay the fine. But it does seem pretty silly. Because the roof is still privately owned and it is a common area, not public.

 

[JR6ooo4]

My roof is deeded to me and my neighbor. At least most of it is. There are parts labeled as "common use."

For $25, I would probably just pay the fine. But it does seem pretty silly. Because the roof is still privately owned and it is a common area, not public.

sounds like condo. roof decks can be deeded but sometimes they are LCE, limited common elements. its all a big mess...

Pay the $25 and keep clear of second offenses.

mikeeee

 

[Aisling]

I'd pay it too. She said someone complained about the noise.

So, it seems so far people feel the roof would be considered public space, but is it really? The roof isn't opened to the public like say a park is or even a city street. I can see both sides of the issue.

I live in Brooklyn, too. Building roofs are considered as public a place as a building lobby is. Unless the party-throwers had permission of the building management as well as a permit to hold it in a "public place", unfortunately the police had the right to ticket her. Tell her to pay it and learn a lesson. I don't think a judge would make a judgement in her favor.

 

[DVC~OKW~96]

I'd be more upset that she was participating in a party that was so disrespectful of others in the immediate area that the police had to be called.

Pay the fine. Keep the noise down.

 

[disneyjunkie]

My daughter came home today for a visit. While we were having dinner she said she had to go to court in Aug. So here is the story.

She lives in Brooklyn. She went to a party that took place on the roof of the building the party thrower/throwers live in. Long story short, the cops show up, she and several others get a ticket for having an open container (beer in this case).

The fine is $25.00. She is going to fight it because she feels that she was not in a public place with an open container.

My mother agrees with her. My brother who lives in NYC also agrees. He actually started spouting off some cases that have been fought on the issue.

Me? I just hope she stays calm and polite in court so that I don't have to go bail her out of jail .

So what do you think? was it a public or private place?

Pay it

The roof is a public place.

Tell her stoops are also public places. NYPD will give you a ticket for drinking on your stoop. It doesn't matter if you're the owner or a tenant, you can't drink on the stoop.