Going to GenCon? Bringing Booze? Read This First!

There was a recent thread on Twitter (example post here) about bringing alcohol to GenCon. I thought I’d weigh in considering that everyone seems to be relying on unsupported statements from people on various gaming forums. Keep a few things in mind:

1. I’m trying to be helpful here, not judgmental, so keep your responses constructive.
2. I’m discussing only a narrow set of laws that would pertain to the issues raised. I’m sure it’s illegal to drive drunk in Indiana, but I didn’t look at those laws because they don’t relate directly to carrying around a flask of alcohol.
3. Many laws can’t be found in the state code. Some very important laws are found in judge’s decisions that are enforced and never addressed by the legislature. In other words, this is the best I can do without doing tens of hours of research. Common sense will have to be your guide.
4. Whether any of these laws will be enforced is another matter. They’re likely to be enforced only if you’re busted for a serious crime, and the prosecutor wants to tack on the minor stuff to encourage you to accept a plea bargain. In other words, if you’re arrested for drunk and disorderly, expect them to add and ‘importation of alcohol from another state’ onto the criminal complaint if they feel they can prove it.
5. I’m referencing Indiana state laws. The City of Indianapolis doesn't appear to have additional ordinances that can cause you any more headaches.
6. The convention center and GenCon themselves may have private rules against alcohol. If so, you could find your $75 badge revoked on Thursday afternoon. No matter how much you proclaim it's a violation of your rights, it won't be. Your badge is a license, freely revokable if you violate their rules. Some good non-legal advice can be found here.

Indiana state law

1. Although I can’t find any specific provision on public intoxication, which is surprising, most of the behavior you expect from drunk people can get you into trouble under the disorderly conduct statute (e.g., fighting or in tumultuous conduct, unreasonable noise). It’s also surprising that Indiana doesn’t have an “open container” statute, which suggests that it’s okay to walk around with an open can of beer, scotch, etc. This article gives further evidence of that (“The officers later testified that they approached Tyler under the mistaken belief that it was illegal to carry an open container of alcohol in public.”). Perhaps the law has changed since 2008, but if so, I can’t find evidence of that.
2. If you have any doubt that the person with whom you’re sharing alcohol is a minor, don’t share. In fact, you better not even start a chant of “Drink, drink, drink!” if you see someone else doing that.
3. If you rent a limo (i.e., a motor vehicle “designed, maintained, or used primarily for the transportation of persons for compensation,” you can drink in the back seat. Otherwise, you better not have an open container in an automobile, even if you’re merely a passenger. If the container is closed but some contents are removed, the law makes that illegal.
4. If the alcohol you’re drinking can be purchased off the shelf at an Indiana liquor store, you’re okay, but I wouldn’t advise any moonshine (i.e., homemade liquor). If the alcohol content is too high, you’re committing a crime even if you merely allow someone else a sip. Mere possession and consumption is okay, though, so long as you're not intending to violate any other law.
5. It’s illegal to have sexual intercourse with a corpse. I say this only because, if I had to read it accidentally in order to help you understand the relevant law, you should have to have such horrible thoughts in your head as well. Now we’re even. Needless to say, I avoided reading the section entitled, Offenses Relating to Animals, just to be safe. Believe me when I say this almost became a joke post as I learned exactly what’s expressly illegal in Indiana (e.g., sniffing Elmer’s glue).

Indianapolis and Marion County Laws

There's really nothing more to say here. These laws add nothing to the issue, relying on state laws to handle issues of public decency and order. Open containers appear to be legal even within city limits.

Legalese

As always, this is just a starting point if you're looking to understand the laws of Indiana. Common sense should always act as your guide. For example, as far as I can tell, it's not illegal to carry an open container in Indiana. However, certain circumstances might change that. For example, if there's a gun show going on, it might be illegal to carry an open container there. In any case, the cops are more likely to keep their eyes on someone with an open container, meaning that if you jaywalk while doing so, expect a cop to stop and question you. If you're inebriated, they might err on the side of caution and treat you as being disorderly.

My research is incomplete. Think before you act.

Postscript

Let me share one of my favorite stories with you. I went to law school in Chicago, and a buddy of mine was dating a woman that lived in Indy. We made that road trip a few times, once for New Year's eve. The girlfriend's sister was a prosecutor for the city, and she was hosting a party. Almost everyone there was a cop or a prosecutor. Before the night was done, they had to call the cops because a fight broke out. I felt like I was living an episode of Cops. That's Indy for you.

The image is copyright WarnerBros.

Robert E. Bodine, Esq. practices real estate and intellectual property law in Virginia. He is one of the founding members of the Gamers’ Syndicate, a Washington, DC-based gaming club, and part owner of synDCon, a table-top gaming convention. He authors the article series on Loremaster.org, Protection from Chaos, dealing with intellectual property law matters as they relate to the gaming industry. You can follow him on Twitter @RobertEBodine for legal matters, @GSLLC for gaming matters, and if you’re a sports fan, @MMADork.