There’s not a soul in Ohio who doesn’t appreciate a passionate tailgate. Not even police officers can find it in themselves to challenge the festivities – a leniency that has brought many Buckeyes to believe that they can get away with bringing alcohol to their tailgates. In fact, alcohol consumption generally isn’t legal during a tailgate.
However, police officers generally only make arrests when someone is publicly or disruptively intoxicated. Officers are often quick to arrest anyone who opts to speak disrespectfully when addressed.
Additionally, anyone caught going to the bathroom or otherwise exposing themselves as a result of alcohol consumption faces more than a slap on the wrist. Public indecency constitutes a sex crime under Ohio law.
Likewise, even the most lenient police officer still has to take action if they suspect someone at a tailgate may have offered or otherwise provided minors with alcohol. Both the minor and the provider face the risk of legal consequences if caught sharing booze.
When asked if the general public should card during tailgates, criminal defense attorney Brad Koffel instead recommended practicality and awareness of the ages of anyone present.
