There is a story of the arrest and charging of someone who commented on police action occurring in public from their private balcony with public intoxication. The charges were dropped, and a lawsuit is ongoing suing the police, but it raises the question of exactly what makes something public.
Exactly what makes the state of intoxication "public" for the purposes of public intoxication laws?
The event occurred in Newport, Kentucky but answers for any jurisdiction worldwide would be of interest.
KRS 525.010 defines "public place" as:
a place to which the public or a substantial group of persons has access and includes but is not limited to highways, transportation facilities, schools, places of amusements, parks, places of business, playgrounds, and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place.
