Regional

Sure the container was open but...

Sometimes the littlest matters end up before a judge and then the City Council, and the rules then change.

Now comes the bottle of cola mixed with Jim Beam.

Police caught Chadwick Eatchel, 51, with it in a public right of way -- Central Avenue near downtown last fall. He was arrested and charged with having an open container, a misdemeanor.

However, the judge looked at the city rules and realized that they didn't strictly forbid having the open container, just drinking from it. And though the container was cold and sweating, the police did not actually see him drink. Case dismissed.

So last week, the City Council amended Section 3-7(d) of the City Code, changing the word "or" to "and" to establish that it is illegal to consume as well as carry alcoholic beverages in a public right of way. It also added the word "possession" to the title of a subsection of the ordinance.

Assistant city attorney Edward Mueller said the original language had been on the books at least as far back as 1973. The amended ordinance will go into effect Thursday (2/10).

You've been warned.

- Waveney Ann Moore, moore@tampabay.com