Kimber VanRy's name will surely go down in Brownstone Brooklyn history. After getting busted for drinking a Sierra Nevada on his own Sterling Place stoop last August, he stood up to the long arm of the law, and the law didn't win. Sadly, no one really won. The Brooklyn Paper catches up with Our Hero and finds out his case was actually dismissed on a technicality. They report that "Judge Eugene Schwartzwald dismissed the case on Tuesday morning only because it 'took too long' to get the case to trial." VanRy’s lawyer isn't buying it however, and called out prosecutors for "not bothering to show up to fight it out on the merits." Earlier this month the first judge assigned to the case stepped down.
Could it be that no one wants to touch the open-container law? Even Judge Schwartzwald told VanRy’s lawyer that she "did a nice job on the motion,” which essentially argued that VanRy's stoop is set far enough back from the sidewalk. When VanRy was originally ticketed, the officer explained that if he were behind a fence or gate he would be okay, but the set-back stoop wasn't enough. Alas, as the warmer outdoor imbibing months creep up on us, the law is left with many a gray area (especially after Bloomberg himself declared that wine consumption at Central Park concerts was a-okay in 2003).