LEGALLY BOMBED Drinking Mandates in New Orleans

From open-container regulations to frozen cocktails in the driver’s seat—the truth about New Orleans’ liquor laws.

New Orleans loves its drinks. With several cocktails having originated here, endless alcohol-fueled festivities around town, and comparatively lax drinking laws, the city has certainly earned its reputation as the drinking destination of the South. It’s the land of the go-cup. The home of the drive-thru daiquiri. In New Orleans, cocktails are king, and booze is boss. Alcoholic beverages even get their own festivals in this city.

The National Institute on Alcohol Abuse and Alcoholism puts Louisiana at just above the halfway point for alcohol consumption by state, at number 21. So contrary to popular belief, New Orleans residents don’t really have liquor pulsing through their veins. Yet, average annual consumption is 2.59 gallons of alcohol per person—which is, coincidentally, equal to 2.5 times the amount of blood in the entire human body. But if you’re picturing New Orleanians drinking bottles of wine with a straw, serving beer to school children, and sipping whiskey behind the wheel, nobody actually does that. At least, not legally.

Even though most locals are happy to laissez les bons temps rouler with an adult beverage in hand, it’s really not as laissezfaire as you might think. The Louisiana State Legislature and New Orleans Municipal Code have hundreds of laws about who can imbibe, serve, sell, or distribute alcohol, along with where, when, and how much. We’re here to set the record straight on a few of the high points.

Take It To The Streets

People in New Orleans really know how to hold their liquor—and they can keep right on holding it wherever they go—sort of. Yes, you can bring your drink with you most anywhere in public, and that includes in the streets, parks, or on sidewalks. Just put it in a nice plastic go-cup before you go, since drinking from, or even carrying, open glass beverage containers beyond the bar is illegal and can result in a court summons or eventual arrest. And Section 54-409 of the Municipal Code declares that you won’t be allowed to drink while you’re in court, either.

A little-known fact: All those folks you see swigging beer from cans are also technically in violation of New Orleans code, since metal to-go is likewise a no-go.

And an even lesser-known fact? New Orleans’s open-container laws don’t actually extend beyond the edges of the French Quarter. No one will fault you for spilling your Hand Grenade all over the pavement, as long as your location doesn’t spill over beyond the perimeter of Canal, Rampart, and Esplanade.

Of course, that doesn’t seem to stop most nomadic drinkers in other neighborhoods, and luckily, most authorities either don’t know or don’t care about those last two technicalities, so these rules are almost never enforced.

Public Displays Of Inebriation

Although you can tote your booze while you meander, don’t let it go to your head. Despite what you might witness on Bourbon Street, public consumption is legal, but public intoxication is not. Not if you’re a rowdy drunk. If you’re caught getting sloshed on a fishbowl’s worth of fruit-flavored liquid aggression, you could end up with a fine, time in the slammer, or an ugly mark on your permanent record.

Now, the cops might not arrest you directly and, instead, could opt to take

By Kathy Bradshaw

Drive One To Drink

Even in the city where, by law, you can bring frozen alcoholic concoctions directly into your car from a pickup window, you’re not allowed to drink and drive. To be clear, your passengers can’t imbibe while your vehicle is moving either.

The overriding rule is that nobody can drive with an open container of alcohol— “open” meaning any booze-filled vessel where the lid is missing, seal is broken, or some of the liquid is gone. There’s an entirely separate clause for the esteemed frozen beverages, but even they must abide by these standards. That’s why you can’t stick a straw in your drive-thru daiquiri until it’s out of your car, since the straw would break the seal and render the container open Keep in mind that drinking in parking lots is also forbidden.

On the other hand, if you’re a passenger in a cab, Uber, or motor home that’s at least 21 feet long, drink up. Open containers are also allowed in the trunks of cars, so presumably, if you can squeeze inside, you could have a party in the trunk.

When driving, the trick is to not be overly conspicuous about what’s in your cup. Subtlety and lack of obvious boozeidentifying markings are key. If your drink isn’t simply shouting to the world that it’s spiked, no officer can pull you over.

Into The Mouths Of Babes

you to a “sobriety center” until the buzz wears off. But don’t worry, if they try to make you go to rehab, and you say, “No, no, no,” they won’t take you in without your verbal consent. Go home and sleep it off in your own bed if you’d rather, but that won’t mean you’re off the hook.

Even if someone looks old enough to be your grandma, demand proof. As in the other 49 states, the legal drinking age in Louisiana is 21, and they don’t take this lightly. Anyone caught giving alcohol to a minor—who isn’t the child’s parent, legal guardian, or spouse—can be fined $500 to $1,000 or sent to jail for between 30 days and six months—or both.

But no one is keeping tabs on what those youngsters are guzzling at home. Mom, Dad, and hubby are legally allowed to buy their underaged companions a stiff drink, even in a restaurant or bar; however, this is at the discretion of the establishment. If house rules proclaim no cocktails for kiddos, the business can refuse to serve anyone under 21, and no amount of insisting (or sneaking) will help. The house always wins.