The Marshall Project

When Just Being Near Alcohol Lands You In Jail

An antiquated law in Virginia targets “habitual drunkards.”

In 2010 in a courtroom in Roanoke, Virginia, a judge legally declared Bryan Manning a drunk. Manning—who is homeless and difficult to track down—wasn’t even in the courtroom that day. A judge and a prosecutor simply considered his list of alcohol-related offenses: drunk in public, profane language, failure to appear in court. It was a quick, civil proceeding that would have lasting criminal consequences.

In the eight years since, Manning has been prosecuted over 30 times for something that is usually perfectly legal: possessing or drinking alcohol. In some cases, he says just being near it was enough to get him arrested. He was picked up once in a Walmart that sold alcohol, he says, though he hadn’t actually purchased any.

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