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Old 02-27-2013, 08:48 AM
 
Location: EPWV
19,517 posts, read 9,540,055 times
Reputation: 21283

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Quote:
Originally Posted by kidkaos2 View Post
The manager did not care more about money than safety. He said that she was morally right but that he was worried his customers would not be happy drinking in a bar where a bartender had called the cops on someone. He wasn't trying to punish her for doing the right thing. It may have been a dumb decision, but he isn't an evil person. He was just trying to do the right thing for the business as a whole.

I maintain that this lady deserved to get fired. To me, it isn't a matter of her calling the cops though. That's not the relevant part. It's a matter of her knowingly serving an intoxicated customer, which is against the law. She shouldn't be applauded and didn't do good. The good she did in calling the cops is balanced by the bad she did. Instead of serving him and then waiting until he left and calling the police, she should have said no when he asked for a beer in the first place and asked him then if he had a safe way to get home.
Exactly. If she knowlingly served alcohol to someone in that inebriated state, then she is just as culpable.
Maybe she should be arrested for contributing to his delinquency?
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Old 02-27-2013, 08:57 AM
 
Location: EPWV
19,517 posts, read 9,540,055 times
Reputation: 21283
Quote:
Originally Posted by GregW View Post
KidKaos – Get real. If bars refused to serve drunks they would go broke in a week. Being more concerned with the business than with public safety is both selfish and stupid. Firing the girl because she was being responsible was just sheer vindictiveness.

If I were the local health Inspector this bar would get a very thorough inspection.

There are laws in some states that fault the bartenders for serving alcohol to individuals who visibly show signs of being intoxicated:

<LI class=g>

Bar Liability for Alcohol Injuries - Lawyers.com




business-law.lawyers.com › ... › Business


<LI class=g>In some states, commercial vendors will only be held responsible for serving ... was already "visibly intoxicated" and shouldn't be served any more alcohol.




<LI class=g>

Article by , Esq., New Jersey Personal Injury Attorney




www.rossettidevoto.com/Articles/DWI_AJR_ARticle.htmCached
You +1'd this publicly. Undo
With the consumption of alcohol goes the golden rule: “Don't drink and drive. ... other parties such as bartenders, social hosts or friends may also be liable to the injured ... servers of alcohol will be held liable when they serve visibly intoxicated ...
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Old 02-27-2013, 08:58 AM
 
Location: Western Colorado
12,858 posts, read 16,873,001 times
Reputation: 33509
Sometimes no matter what you do, it's wrong. I'm sure she'll have no problems finding another job. She may have saved someones life by getting a stupid drunk off the street. Good for her.
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Old 02-27-2013, 09:49 AM
 
46,952 posts, read 25,990,037 times
Reputation: 29442
Quote:
Originally Posted by KUchief25 View Post
Does the bartender have a breathalyzer to give folks? If not then one can't know when someone is intoxicated.
If only there was some sort of legal authority who have breathalyzers and training to use them and the authority to keep drunks off the street. She could have called them. Oh - wait, she did, didn't she?

Quote:
I also think punishing people for driving drunk is ridiculous. Legal to drink, legal to drive but do two legal things together it becomes illegal. You cause a wreck get punished for causing a wreck not for legally partaking in two things. Or make them illegal to begin with. It's entrapment by the government.
What a breathtakingly stupid argument. Driving on public roads is a privilege, not a right, and if you deliberately destroy your capability to drive safely by imbibing, then you're violating the terms of the agreement. I thought conservatism was about personal responsibility?
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Old 02-27-2013, 10:26 AM
 
Location: Planet earth
3,617 posts, read 1,821,634 times
Reputation: 1258
Quote:
Originally Posted by brentwoodgirl View Post
I applaud her for doing whatever was necessary to keep a drunk driver off the road. A few months ago a drunk driver hit a family from our church on the interstate, forcing them off the road and into a tree at 70 miles an hour. The idiot already several convictions for impaired driving and had previously caused an accident that permanently maimed a woman.

When he hit the family from my church, he killed the mother instantly and almost killed the daughter. She has traumatic brain injury, broken ribs, broken femur, bruised lungs, maimed foot that lost 4 toes. She wasn't able to sit up or even be taken outside in a wheelchair for 3 months. Her dad posts a daily journal about her progress.
I just wish someone had called the police on this idiot before their accident.

Father keeps an online diary of his daughter's inspiring recovery from near death after a Thanksgiving crash with a DUI driver that killed his wife | Mail Online

Well hell... why didn't you say so at the beginning of this thread? Now knowing THIS information, we should pass a law that bans all intoxicating alcohols and liquors. We could call it the 18th Amendment or something similar, and THAT new law would stop all harm that is caused by people consuming alcohol.

Then again... Maybe we already tried that and it didn't work. BTW... you throwing a tragic situation involving the actions of an individual, not society as a whole, in our faces, in an attempt to cause us to react based upon our emotions rather than logic is noted.
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Old 02-27-2013, 10:38 AM
 
Location: Planet earth
3,617 posts, read 1,821,634 times
Reputation: 1258
The bartender clearly was in a tough situation, one that she helped create. I agree with others that calling law enforcement should have been her last action, not her first. But I also agree with some that she should have expected to be fired, especially after she helped create the situation by serving the already drunk customer.
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Old 02-27-2013, 10:47 AM
 
7,359 posts, read 5,463,530 times
Reputation: 3142
Quote:
Originally Posted by GregW View Post
KidKaos – Get real. If bars refused to serve drunks they would go broke in a week. Being more concerned with the business than with public safety is both selfish and stupid. Firing the girl because she was being responsible was just sheer vindictiveness.

If I were the local health Inspector this bar would get a very thorough inspection.
If bars didn't refuse to serve drunks in the state of Ohio where this happened then they would be in violation of the law. It is against the law to knowingly serve drinks to an intoxicated customer. She is quoted as saying he was already drunk when she started her shift, he asked for a beer and she gave it to him, then tried to slow him down. Thus by her own quote she was breaking the law. If you admit in national news to breaking the law at your place of employment then you should be fired. Or if not "should" be fired, then I at least don't fault it.

As I said, he wasn't more concerned with public safety than with the business. That's your re-framing of what happened. Concern for public safety wasn't an issue, one way or the other. You might as well say he was more concerned with the price of tea in China than with the business. He said she was morally right, and then fired her for a completely separate reason. There was no "which is more important, the business or public safety" comparison being made. Keeping her on staff would not have enhanced public safety in any way.

He didn't fire the girl because she was being responsible. Again, that's your re-framing of what happened. He fired her because he felt she had become a poor public image. I already allowed that firing her for the reason he gave may have been a dumb decision. But that doesn't mean he fired her "for being responsible". Since he is the one that fired her, I trust that he fired her for the reason he stated he did, and not for the reason you, with no involvement in the situation, presume he did.
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Old 02-27-2013, 11:14 AM
 
1,216 posts, read 1,464,039 times
Reputation: 2680
Just because it's the law doesn't mean it's right. He's a grown ass man, he was the responsible for not getting behing the wheel of the car. I don't care if she served him until he passed out, her only moral and ethical concern is when he start doing things that may harm other- such as driving a car. It is in no way her responsibility to call a cab unless he asks her to call a cab, and then she is only being nice. A grown man should make his own transportation plans or not get so drunk that he cannot get himself home.

I am so sick of these laws that shift blame to unresponsible people. A bar or bartender should not have to police the actions of other adults. They are working for minimum freaking wage. But we must feel bad for the poor stupid drunk and shift the blame, thereby mitigating their sense of shame for being unable to control themselves.

Poor me, the bar tender made me drunk.

Drink til you pass out, I as a fellow bar patron will watch your ass and laugh. Get behind the wheel I will be the first one calling 911. How long before that's against the law, I mean I watched them serve you 12 drinks, I knew you had to have been drunk. What's the difference from it being the bartender and being the one sitting next to you at the bar? Or your sober friend, shouldn't they be held liable too? Hell, lets sue every single person in and around the bar.

Stupid. I would hire her in a minute and applaud her actions.
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Old 02-27-2013, 11:24 AM
 
11,768 posts, read 10,262,817 times
Reputation: 3444
Quote:
Originally Posted by NaleyRocks View Post
Just because it's the law doesn't mean it's right. He's a grown ass man, he was the responsible for not getting behing the wheel of the car. I don't care if she served him until he passed out, her only moral and ethical concern is when he start doing things that may harm other- such as driving a car. It is in no way her responsibility to call a cab unless he asks her to call a cab, and then she is only being nice. A grown man should make his own transportation plans or not get so drunk that he cannot get himself home.

I am so sick of these laws that shift blame to unresponsible people. A bar or bartender should not have to police the actions of other adults. They are working for minimum freaking wage. But we must feel bad for the poor stupid drunk and shift the blame, thereby mitigating their sense of shame for being unable to control themselves.

Poor me, the bar tender made me drunk.

Drink til you pass out, I as a fellow bar patron will watch your ass and laugh. Get behind the wheel I will be the first one calling 911. How long before that's against the law, I mean I watched them serve you 12 drinks, I knew you had to have been drunk. What's the difference from it being the bartender and being the one sitting next to you at the bar? Or your sober friend, shouldn't they be held liable too? Hell, lets sue every single person in and around the bar.

Stupid. I would hire her in a minute and applaud her actions.
Yada, yada, yada... The only relevant piece of info is that she served him after he was intoxicated. That is illegal for the bar and bartender. Before you can get a license to serve alcohol you have to take a class and in that class they teach you the rules you have to play by. If the Alcohol enforcement officers were in the bar they would have given her a fine and possibly the bar as well.
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Old 02-27-2013, 11:29 AM
 
4,837 posts, read 4,167,640 times
Reputation: 1848
Quote:
Originally Posted by lycos679 View Post
Yada, yada, yada... The only relevant piece of info is that she served him after he was intoxicated. That is illegal for the bar and bartender. Before you can get a license to serve alcohol you have to take a class and in that class they teach you the rules you have to play by. If the Alcohol enforcement officers were in the bar they would have given her a fine and possibly the bar as well.
Then every single bartender in every single bar better be getting arrested & fined because EVERY SINGLE bartender serves customers that they know are drunk. And if you don't believe that, than you've never been in a bar before in your life. Knock off the sanctimonious act, it's old. The drunk guy is responsible for getting his drunk ass into his car & attempting to drunk drive off. Good for her for calling the cops, I don't care if she served him 20 shots of whiskey. It's called taking personal responsibility for your stupid actions. You may have heard of it before.
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