Is drinking from a flask in public legal in California?

Answer 1

Not really. I mean, you can't just go walking down the street with a beer in your hand. So, you can't legally drink from a flask, either. Unless you do like the bums and keep your flask in a discreet brown paper bag.

It also depends on where you're at. I went to a Padres baseball game and they allow tailgating (including alcohol consumption) in the parking lot. I was drinking a metal flask with whiskey and no one stopped me. Same thing at Chargers games. And, the stadium lot is public property. Yet, it's understood that these lots are used for tailgating and alcohol consumption.

BTW - there is a parking lot adjacent to the Padres' tailgating lot that bans alcohol consumption. Go figure.

Answer 2

Drinking from it - yes. Falls under open container laws. Now if you stored the booze in the flask, put it in your trunk - you would be OK.

The whole idea of a flask is not to be seen dummy - stealth drinkin'. I would be more worried about being labeled a drunk than worrying about the cops busting you.

Answer 3

we need a law degree to define your question
Posting prohibitions at public places WELL it is CYA for the city county etc
the sports riots are fine examples
Enforcement of some silly prohibitions
WELL WHAT about smoking in public parks but BBQ is ok???

Answer 4

if not it should be and it should be legal in every state.