Sundance v. Municipal Court

Opinion

THE COURT.*

This action, filed by four public inebriates and one taxpayer, challenges California’s drunk in public statute (Pen. Code, § 647, subd. (f)1) on numerous Eighth Amendment and due process grounds.2 Plaintiffs seek an order enjoining enforcement of section 647(f) in light of many alleged constitutional abuses attendant upon enforcement of the statute in Los Angeles County. They also seek an order mandating referral of all public inebriates to civil detoxification centers in lieu of criminal prosecution. (See § 647, subd. (ff).)3 Finally, plaintiffs argue that section 647(f)…