UPDATE: Montgomery’s bluelight taxi

Birmingham Police arrested City Councilor Joel Montgomery for public intoxication early Saturday morning, after an officer found him apparently drunk in a parking lot near Cobb Lane on Birmingham’s Southside (and about a block from the South precinct). Montgomery had lacerations to his upper body and face, and paramedics took him to Cooper Green hospital. (See fantabulous mugshot. So that’s what they mean by “shit-faced.”) Later, he was booked at 4:40 a.m. at the Birmingham jail and then released this morning on $200 bond.

There is some confusion as to whether a conviction of this crime would boot Montgomery from the council. Here’s what the Mayor-Council Act, the veritable Birmingham constitution, says on the matter (emphasis added):

Councilmen shall be qualified electors of the city, at least 21 years of age at the time of their election, and shall hold no other public office except that of notary public or member of the National Guard or naval or military reserve. If a councilman shall cease to possess any of these qualifications or shall be convicted of [a] crime involving moral turpitude, his office shall immediately become vacant.

So what is “moral turpitude”? Maybe that depends on whether you’re a Baptist or an Episcopalian, but in the meantime, Councilor Montgomery better find a good lawyer (He has: see UPDATE below). At least one attorney we’ve talked to says that public intoxication does not rise to the threshold of moral turpitude.

As chairman of the Public Safety Committee, Montgomery reviews proposed liquor licenses in Birmingham, and last fall he pushed for a raise for Birmingham police and firefighters. (And this is the thanks he gets?)

UPDATE: Fox 6 is now reporting that Montgomery wil be represented by criminal defense attorney Tommy Spina, who disputes the police report. Fox 6 reports:

According to Spina his client fell and injured himself, and a friend dialed 911 for medical assistance, but a police car arrived and Montgomery was arrested and charged with public intoxication. Montgomery later sought medical help after he was released from the Birmingham jail, Spina said.

According to the police report, Montgomery was arrested at 2:25 a.m. We smell B.S.

Not that there is a good time to take such a stumble, but politically Saturday night might be the worst. Sunday’s Birmingham News will carry his ugly mug to all its subscribers. It will be interesting to see how long it takes Montgomery to show his face, bruises and all, at City Hall. Last year, after his affair with a neighborhood officer from his district became public, Montgomery disappeared for several weeks.

First elected in 2001, Montgomery has long had the nickname “Dr. No” on the council for his penchant of voting against just about anything he doesn’t understand (a lot). Montgomery represents Birmingham Council District 1, and our sources there tell us that there is already a movement underfoot there to oust the councilor, if possible.

We’ll bring you the latest as we learn it. Did you see an angry white fat man wallowing in a Southside parking lot recently? Share and share alike. Send your tips to: kyle@bhamweekly.com