Homeless Challenge Public Drinking Law

If the rich and powerful can drink in a public park in the weeks before next year's Super Bowl, why can't the homeless do it now? That is the question the lawyer for three homeless men is raising in a court challenge over their arrest for drinking in a park that will be part of a designated party zone before the Super Bowl.

The three men were arrested in February in Treaty Oak Park on charges of drinking in public.

The park is inside a 2 1/2-mile entertainment zone adopted by the City Council in May. Beginning 18 days before the Feb. 6 Super Bowl, laws against open containers, noise pollution and outdoor alcohol sales on city property will be suspended in the zone.

Attorney Tyler McKinney says the zone benefits those attending the Super Bowl festivities, but can be manipulated to discriminate against the poor, she said.