By Jon Gambrell
Enquirer contributor

OXFORD - City Council struck down a proposed ordinance that would have banned drinking on rooftops and impromptu balconies.

Sponsored by Councilwoman Prue Dana, the ordinance would have made drinking on nonenclosed balconies or rooftops a fourth-degree misdemeanor punishable by a $250 fine or a maximum 30 days in jail .

The motion failed 4-2, with those on council raising concerns such as the prospect of police using the proposed law to conduct "informal" search warrants on student housing if rooftop revelers refused to come down.

"Ben Franklin would be rolling over in his grave right now," said Councilman Doug Ross. "He said that 'those who give up liberty for security deserve neither.' The ordinance also asks us to nursemaid those that are supposed to be the smartest in the state of Ohio."

According to Oxford Police Chief Stephan Schwein, officers can enter a private residence and "forcefully remove" partiers using the same law that allows police to arrest minors drinking on private property. However, Schwein stressed the proposed law wasn't about "kicking down doors" on students.

"The purpose of this was not to create a fine or revenue source," he said. "It was to remove people from an unsafe situation."

The only Miami student to attended the council meeting, Associated Student Government off-campus secretary Brad Purnhagen, said students were generally unaware of what was happening, focusing more on moving in and the start of classes.

"The student body is uninformed," he said. "Students have the opportunity to find out what is going on, but unfortunately, some don't."

E-mail jgambrell@fuse.net