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How to Avoid Criminal Trouble When You’re in New Orleans for Mardi Gras

Happy February everyone.  As you know there are about 3 major holidays in February: Valentine’s Day, Presidents’ Day, and Mardi Gras.  Black History MonthAfrican American History Month is important too, but I’m not sure how to classify it.  Every year, hundreds of thousands of visitors coming to New Orleans for some fun, food, and festing.  Here are some Louisiana Laws you should remember before you go out into the streets for Carnival.

  • Louisiana Revised Statute 14:95.2.1: Illegal Carrying of a Firearm at a parade with any firearm used in the commission of a crime of violence. (A)Whoever commits the crime of illegal carrying of weapons pursuant to R.S. 14:95 with any firearm used in the commission of a crime of violence as defined in R.S. 14:2 (B). within one thousand feet of any parade or demonstration for which a permit is issued by a governmental entity, shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than five years, or both. Any sentence issued pursuant to the provisions of this Subsection and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served consecutively.  B.  As used in this Section, the following words mean:  (1)  “Firearm” means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, or assault rifle, which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.  (2)  “Parade” for the purposes of this Section shall be defined as any celebration of Mardi Gras or directly related pre-Lenten or carnival related festivities, school parades, parish parades, state parades or municipal parades, or any demonstration for which a permit is issued by a governmental entity.  (3)  “Parade route” means any public sidewalk, street, highway, bridge, alley, road, or other public passageway upon which a parade travels. (C).  Lack of knowledge that the prohibited act occurred on or within one thousand feet of the parade route shall not be a defense
  • Louisiana Revised Statute 14:95.2.2 Reckless Discharge of a Firearm at a parade or demonstration. This is punishable with a 5 to 10 year sentence; a mandatory 3 year prison sentence if convicted.
  • Louisiana Revised Statute 14:326 Processions, marches, parades, or demonstrations; permits; liability; bond; exemptions; penalty. A.  Any procession, march, parade or public demonstration of any kind or for whatever purpose is prohibited by any group, association or organization on any public sidewalk, street, highway, bridge, alley, road or other public passageway of any municipality or unincorporated town or village unless there first has been obtained a permit therefor, and in all cases the person or persons or the group, association or organization to whom the permit is issued shall be liable for all damage to property or persons which may arise out of or in connection with any such procession, march, parade or public demonstration for which a permit is issued. B.  Application for the permit required herein shall be made to the mayor and governing authority of the municipality or to the governing authority of the parish in which the unincorporated town or village in which the procession, march, parade or public demonstration is located, as the case may be.  Permits may be granted by the authority to which application is made, provided, however, that bond in the amount of ten thousand dollars has first been filed with the mayor and municipal governing authority or with parish governing authority, as the case may be, as security for the payment of any damage or injury which may occur as the result of or in connection with such procession, march, parade or public demonstration. C.  The provisions of this Section shall apply to all groups, associations, or organizations regardless of race, creed, disability, as defined in R.S. 51:2232(11), color, or political beliefs of its members; however, nothing contained herein shall apply to a bona fide legitimate labor organization or professional firefighter or police association or to any lawful activity of a labor union permitted by law, nor shall these provisions apply to any procession or parade directly held or sponsored by the governing authority of any municipality or the governing authority of any parish, nor shall these provisions apply to any procession, march, or parade directly held or sponsored by a bona fide organization specifically for the celebration of Mardi Gras and/or directly related prelenten or carnival festivities, school parades or other functions, parish parades or other functions, state, parish, or municipal fairs or other such related activities.  However, the provisions of this Section shall apply only to parishes with a population of more than four hundred fifty thousand. D.  Whoever violates any provision of this Section shall be guilty of a misdemeanor and upon conviction shall, for each offense, be fined not more than one thousand dollars or be imprisoned for not more than six months, or both. For a list of all the New Orleans Municipal Codes which Govern, please follow this link:
  • Chapter 34 – Carnival, Mardi Gras Section 34-32 of the Municipal Code: Roping off Areas: It shall be unlawful for any individual, organization or corporation to fence, rope off, or stake out any area of public property along a parade route except when necessary to protect plants, shrubbery, trees and other landscaping materials with the approval of the department of Parkways and Parks.  Each private property owner shall notify the Parkway and Park Commission at least 30 days prior to the date of a parade in writing and shall submit a detailed drawing of the planned protective enclosure device.  If the private property owner is not notified in writing by the Parkway and Park Commission within 10 days of the parade date, it shall be assumed that the proposed protective enclosure device is approved.
  • Section 34-33 of the Municipal Code:  Ladders: All ladders used by parade spectators shall be structurally sound.  No ladder, chairs, ice chests, chaise lounges and other similar personal effects shall be placed in intersections or between curbs of public streets during a parade.  Ladders shall be placed as many feet back from the street curb as the ladder is high.  Additionally, the practice of fastening two or more ladders together shall be prohibited.
  • Section 34-29  Throw Backs It is unlawful for a person to throw any objects at a float or any participant in a parade. In short, be safe out there.  Mardi Gras is supposed to be a fun event for all and introduces our many new people to what is so wonderful in our city.  We want these visitors and locals to continue to come back, support our businesses, and keep our economy thriving (even while others are not). I’m sorry this article did not address drinking in public, public drunkenness, or marijuana laws.  If you have a question about that, please do not hesitate to ask. As always, if you or a loved one needs my help, please do not hesitate to contact me. Laissez les Bon Tempes Rouler!
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