The Newton City Council is looking to add a new section to the City Code of Ordinance to address those who are in public and under the influence of a drug or controlled substance. Newton Police Chief Rob Burdess says for decades, individuals in this condition have been charged with Public Intoxication under the State Code. But he told the city council this week, recent court rulings have interpreted the Iowa Code differently and law enforcement agencies can now only use the State Public Intoxication law to enforce intoxication violations related to the use of alcohol.
“This issue is a little bit of a head scratcher. But the case law has essentially made being intoxicated in public on drugs legal. So our public is less safe as a result. You can be “high” out in public and that’s perfectly legal right now, as a result of judicial review and case law.”
Chief Burdess says a State Code amendment needs to be made through legislation to address what’s occurred, but when that remedy will happen is unknown. He does know it will not happen in this current legislative session. The Newton City Council did pass the first reading of a City Code amendment adding a new section regarding intoxication by drug or controlled substances. The new section still needs to pass a second and third reading before council members can formally vote to add it to the City Code.
