Bourbon Street looks like chaos—a place where anything goes. But legally, it is one of the most strictly controlled blocks in New Orleans.
Tourists often assume that because the street is loud, crowded, and festive, normal rules don’t apply. That assumption is dangerous. Locals know that enforcement here is intentional, constant, and focused on specific behaviors that allow police to manage the crowds.
Two of the most common charges visitors don’t see coming are aggressive solicitation and open container violations (specifically involving glass). From a defense lawyer’s perspective, these are not random arrests—they are predictable and entirely avoidable.
Open Container Laws: Glass vs. Plastic Is the Difference That Matters
Yes, open containers of alcohol are allowed on the streets of the French Quarter. However, the critical distinction that trips people up is glass versus plastic .
What Tourists Miss
Many visitors order a drink inside a bar, or buy a bottle of beer, and simply walk out the front door with it. They assume that because drinking is allowed outdoors, the container doesn’t matter .
It matters. Open containers in glass are prohibited on streets and sidewalks and are aggressively enforced on Bourbon Street. Officers do not need to give a warning; possession of the glass container alone is enough for a citation or an arrest.
What Locals Know
Locals follow a simple ritual: Transfer drinks to plastic before stepping outside. Most bars have “go-cups” by the door for this exact reason. If you have a glass bottle, leave it behind without hesitation. It isn’t worth the risk.
Aggressive Solicitation: When “Just Talking” Becomes a Charge
“Aggressive solicitation” sounds like a charge reserved for threatening behavior. In reality, on Bourbon Street, it is often used as a crowd control tool.
Legally, aggressive solicitation does not require threats, yelling, or intent to harass. On Bourbon Street, it often includes:
- Repeatedly approaching strangers to sell something or start a conversation.
- Blocking someone’s path while talking (obstruction).
- Continuing an interaction after being told to move along or stop.
Tourists often try to explain that they were “just being friendly” or “just promoting a party.” Police view it differently. In high-traffic areas, they prioritize crowd flow over your intent. Locals know to disengage immediately; tourists often argue, which leads directly to charges .
The “Combo” Effect: How One Mistake Becomes Three Charges
One of the reasons Bourbon Street arrests spiral so quickly is that these violations rarely happen in isolation. Many arrests involve multiple charges at once.
A common scenario we see:
- Someone exits a bar holding a glass bottle (Open Container Violation).
- They stop on the sidewalk to talk to a group of people, blocking the flow of foot traffic.
- An officer intervenes to clear the sidewalk.
- The person argues or tries to explain, rather than moving immediately.
Suddenly, what could have been a warning becomes a trifecta of charges: Open Container, Aggressive Solicitation (or Obstruction), and Disorderly Conduct . Once multiple charges are involved, the situation escalates from a ticket to a potential booking.
Where These Cases Go (And Why You Can’t Ignore Them)
Most Bourbon Street arrests begin in New Orleans Municipal Court. Because these often start with a summons rather than a night in jail, many tourists make the mistake of thinking they aren’t “real” crimes.
They are. Ignoring a Municipal Court summons can lead to:
- Bench Warrants: The court will issue a warrant for your arrest if you miss your date.
- Travel Complications: An active warrant can flag you at airports or during future traffic stops.
- Escalation: Unresolved cases can be pushed up to Orleans Parish Criminal District Court.
Don’t Fly Back for Court
If you were arrested or cited for aggressive solicitation or an open container violation, ignoring it is the worst move you can make.
However, you likely do not need to book a flight back to New Orleans to resolve it. Many Bourbon Street cases can be handled by a local attorney through an Affidavit of Appearance, allowing us to go to court for you. Don’t fly back for a five-minute hearing. Handle it the right way—and the efficient way—from the start.
