Commonwealth v. Lammi

The defendant was charged with violating c. 14, § 14-29, of the Fitchburg General Ordinances, making it a criminal offense either to drink any alcoholic beverage or to possess “an opened container full or partially full of any alcoholic beverages, while on, in, or upon any public way, upon any way to which the public has right of access, in any place in which members of the public have access as invitees or licensees.” 1

There is no factual dispute. The defendant admits to having an exposed half-pint bottle of Jack Daniels whiskey in his hip pocket on Columbus Street in Fitchburg. Although the…