People sitting on the open tailgate of a pickup truck in a sunny parking lot

The tailgate is legal. The walk to the stadium is where it gets complicated.

The Lions open their home season against the New Orleans Saints at Ford Field on Sunday, September 13, at 1 p.m., and for a lot of fans from Dearborn and Downriver the game starts hours earlier in a parking lot with a grill and a cooler. Most of those mornings end with nothing worse than a sunburn and a loss or a win. The ones that end in a citation usually involve one of three things: a drink carried somewhere it isn't allowed, someone under 21 holding one, or a moment where being drunk turns into causing a scene. Michigan and Detroit treat each of those differently, and knowing the lines before Sunday is easier than learning them at the 36th District Court.

Where can you tailgate for a Lions game?

Not in the lots right next to Ford Field. The stadium's own parking guidance says tailgating and re entry are prohibited in the parking facilities adjacent to the stadium, which pushes pregame gatherings to other privately run lots and to organized tailgate events in the area, such as the Lions tailgates Eastern Market hosts. Each of those lots sets its own rules about alcohol, glass, grills, and hours, and those rules can change from season to season, so the lot's posted policy is the first thing to check.

What the lot allows matters because a private lot operator's permission is the only thing standing between your cooler and the city ordinance. Once you step off that property onto a sidewalk or street with a drink in hand, you're under Detroit's rules, not the lot's.

Can you walk to the stadium with a beer in Detroit?

No. Section 31-5-2 of the Detroit City Code makes it unlawful to consume alcohol on any street, sidewalk, alley, or publicly owned area, with a narrow exception for licensed commercial quadricycles. A violation is a misdemeanor under the city code, punishable by up to 90 days in jail, a fine of up to $500, or both. State law also prohibits drinking on public highways.

Some Michigan cities have created social districts where drinks in marked cups can be carried within set boundaries and hours, and both Dearborn and Wyandotte are on the state's list of communities with one. Detroit isn't on that list, so there's no social district exception that lets a drink travel from a lot to the stadium gate. Finish it or leave it before you walk.

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Is it illegal to be drunk in public in Michigan?

Not by itself. Michigan's disorderly person statute, MCL 750.167(1)(e), applies to a person who is intoxicated in a public place and who is either directly endangering the safety of another person or property, or acting in a way that causes a public disturbance. Being intoxicated while walking quietly to the stadium doesn't meet that definition. Shouting matches, shoving, climbing on cars, or stumbling into traffic can.

A disorderly person conviction is a misdemeanor carrying up to 90 days in jail and a $500 fine, and Detroit's own code has a matching disorderly intoxication ordinance. In practice, these charges often come alongside something else, such as a fight in a lot or an argument with security, and a pregame shove can quickly become an assault case, which we cover in our piece on assault and battery charges in Michigan.

What about drinks in the car?

Michigan's open container law, MCL 257.624a, prohibits open alcohol in the passenger area of a vehicle on a highway, and in the passenger area of a moving vehicle in a public parking area. A parked car in a tailgate lot isn't covered while it's stopped, but the moment the car starts moving to leave, an open container inside becomes a misdemeanor. A violation carries up to 90 days and a $100 fine, plus two points, and repeat violations bring license sanctions.

The drive home is the bigger risk. A long morning of tailgating followed by a full game and a drive back to Dearborn is the setup for the most serious game day charge, an OWI. Our guide to what happens after an OWI arrest covers that situation, and the simplest way to avoid it is deciding who's driving before the cooler opens.

What if someone under 21 is drinking?

They can be cited for minor in possession. Under MCL 436.1703, a first violation is a state civil infraction with a fine of up to $100, and a person can only be found responsible under that first offense provision once. A second violation is a misdemeanor with a fine of up to $200, and a third is up to $500. Our piece on minor in possession in Michigan walks through how those cases move.

Adults bringing younger fans to a tailgate should also think about who's handing out the drinks. Furnishing alcohol to someone under 21 is a separate offense for the adult, and it's treated far more seriously than the minor's civil infraction.

What should you do if you're cited?

Take the ticket, stay calm, and don't argue the details in the parking lot. Detroit misdemeanors, including city code violations and disorderly charges, are handled in the 36th District Court downtown, and the date on the ticket is the deadline that matters. Don't ignore it because it feels minor, because a missed court date turns a small citation into a bench warrant.

Some game day citations can be resolved without a conviction that follows you to job applications, but that depends on how the case is handled early. Our criminal defense team handles misdemeanor cases in the 36th District Court and across Wayne County. Enjoy the opener, keep the cooler in the lot, and remember that the tailgate is legal, but the walk to the stadium is where the rules change.

Quick answers

Can you drink in a parking lot in Detroit?

On private property where the owner allows it, generally yes. Detroit's ordinance bans drinking on streets, sidewalks, alleys, and publicly owned areas, and the lot's own rules apply on private property. Lots next to Ford Field don't allow tailgating.

Does Detroit have a social district?

Detroit isn't on the state's list of communities with a social district, so there's no area in the city where drinks can be carried outside licensed premises. Dearborn and Wyandotte both have social districts with their own boundaries and hours.

What court handles a ticket from a Lions game?

Misdemeanors and ordinance violations in Detroit are handled by the 36th District Court on Madison Street downtown.

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Legal disclaimer. The information in this article is provided for general informational and educational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship with D.C. Law PLLC. Laws change, every case is different, and the outcome of any legal matter depends on its specific facts. If you're facing a legal issue in Michigan, contact our office at (313) 274-6200 for a free consultation with a licensed attorney.