Apparently you can get Arrested for Swimming Drunk*

*If you are an Hispanic maintenance man and you swim when the homeowner’s daughter wants to swim.

Maximo Mendoza

Maximo Mendoza

Maximo Mendoza, a Bonita Springs maintenance man, was hot and decided to jump in the pool of a home where he works. He had been drinking and jumped in wearing only underwear. The homeowner’s 15-year-old daughter and her friend were swimming at the time. This is not a crime.

But the cops got called, and decided he needed to go to jail and gave him a disorderly intoxication. The problem is, he was not in a public place- he was in a private pool. That’s an element of the crime: “no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance.” F.S.A. 856.011

If they had asked him to leave, and he failed to leave, he could’ve gotten a trespass. It sounds like there may have been an overreaction to guy of a different race in his underwear… but, that’s not a crime either. Also, it costs money to arrest people, put them in jail, and prosecute them. Hopefully, the State will decide that it doesn’t make sense to prosecute this non-crime.

Thanks NBC-2 for hyping a non-story.

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