The Red White and Blues Festival practice of walking around downtown Fredonia with alcohol in hand appears set to end.

Approval of this September’s festival got held up by the village Board of Trustees Monday over the issue. Trustee Jon Espersen and Police Chief David Price said that allowing people to leave bars with open containers violates state law.

“One of the items they’re requesting is to suspend the open container law throughout the village in front of establishments participating in the festival. That may be a New York State ABC (Alcoholic Beverage Control) law that we can’t supersede,” Espersen said.

“I think we’ve always done that,” said Trustee Nicole Siracuse.

“That doesn’t mean we’re right,” Espersen replied.

He added, “They don’t give an exception or an example when we can voluntarily lift that law for a period of time. I think we need to take a look at it. I know we’ve done it in the past.”

Espersen wanted legal advice on the issue before approving the festival. Chief Price had some about bar patrons.

“You violate two laws if you permit them to walk out the door,” he said. “They’re in violation of the village’s own container (law) but if you allow them to leave your promise, you’re violating your liquor license. To give permission for open container, you’re telling us to ignore the primary law, which is the state law.”

The village has traditionally suspended its open container law banning public alcohol drinking for Red White and Blues.

The local and state laws don’t impact wineries selling at festivals, as they fall under special use licenses, according to Fredonia officials.

“I guess I’m just trying to protect the village… We have condoned suspending that law and something happens, what kind of liability does the village have?” wondered Espersen.

Trustee David Bird said Monday’s resolution did not specify the establishments that would be participating. “If nothing else, it needs more clarification,” he said.

“We probably were not very prudent in the past with our practice… of letting people drink outside the establishments,” said Mayor Douglas Essek.

Price said that wineries selling in Barker Common don’t cause issues. “That’s not walking the streets of Fredonia… that is a controlled environment, within the perimeter of the park,” he said. Wine drinkers are not supposed to leave the park.

The resolution to approve Red White and Blues this year was tabled. Trustees and Price were also concerned about a proposed closure of Water Street.

Village Attorney Melanie Beardsley said she wanted more information on what the trustees want to accomplish “and then I can work on revising that, and checking the law, or have someone in my office check the law, to make sure we’re revising it to what the board is comfortable with approving.”