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(10TV Columbus)   Bartender fired for alerting police to drunk patron leaving bar. Hero tag seen brooding over a pint   (10tv.com) divider line 24
    More: Asinine, Twyla DeVito, patrons, intoxicated person, American Legion Post  
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10910 clicks; posted to Main » on 23 Feb 2013 at 3:38 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-02-22 11:54:44 PM  
4 votes:
FTA: Bartenders are prohibited from serving an intoxicated person and could be held liable for any crash or injury that results, though.

Also FTA: "He said, 'I'm going to have to fire you, because it's bad for business to have a bartender that will call the cops,'" DeVito said.


Someone needs to remind the bartender's former boss that it would be far worse if the drunken driver caused an accident that resulted in someone's death. The family of the deceased would have every right to sue the bar into oblivion.
2013-02-22 11:04:32 PM  
4 votes:
Isn't it illegal to serve someone you know is already drunk anyway pretty much everywhere?  I know at least in some states the bar owner could use that as a reason to fire her.  She admitted serving an already visibly intoxicated guy more beer, why not just say that you were scared of the liability of keeping a bartender on who knowingly gave someone who was already drunk more alcohol?
2013-02-23 03:42:37 AM  
3 votes:
WTF ever happened to personal responsibility? You drink yourself to drunkenness and drive, that should be on you alone. You went to a bar to drink and you drank the drinks you ordered, you aren't a kid, your judgement is impaired by your own willful actions. Bartenders should not be required to cut someone off, or call the cops, their job is slinging drinks, not babysitting. When they do call in a drunk driver they certainly shouldn't be fired, they need to get home safely too, after work, and they saw the way you danced with the 900 lb woman. They know you better than a breathalyzer.

Dammed if you do, dammed if you don't.
ZAZ [TotalFark]
2013-02-22 10:59:47 PM  
3 votes:
According to the Ohio Department of Public Safety, there is no law requiring a bartender to report a drunken-driver.

In some states it's wrongful discharge to fire a worker for reporting a crime. That's one of the limited exceptions to the "employment at will" rule.
2013-02-23 02:42:05 AM  
2 votes:

jaylectricity: the bar owner didn't make the alcohol


You don't know this. He's supplying it anyway.

If someone sells you a weapon, and you use that weapon to rob a bank, they SHOULD NOT be held accountable. It's a disgusting perversion of the concept of justice that removes personal responsibility from the drunk driver.

You'll never remove all the threats from life. You have to draw the line somewhere. When you buy alcohol, the responsibility should be YOURS to keep your shiat together, not the legal vendor of a legal product's.
2013-02-23 01:01:20 AM  
2 votes:
In Mass, we can be charged and held liable if we DON'T call. And for serving them over the limit, and letting them go, we can be held accountable in civil suits as well.

Then again, Mass is full of dirty Commie Pinkos, so there is that. Taking a man's keys, it's like living in the USSR...
2013-02-23 12:44:53 AM  
2 votes:

Bathia_Mapes: FTA: Bartenders are prohibited from serving an intoxicated person and could be held liable for any crash or injury that results, though.

Also FTA: "He said, 'I'm going to have to fire you, because it's bad for business to have a bartender that will call the cops,'" DeVito said.


Someone needs to remind the bartender's former boss that it would be far worse if the drunken driver caused an accident that resulted in someone's death. The family of the deceased would have every right to sue the bar into oblivion.


1) what kind of ASSHOLE fires someone for looking out for public safety?
2) what kind of VET drives drunk and then gets someone fired over it??

And the whole "not serving a drunk person", my guess is that there isnt a bar in the country that hasnt served a drunk person today.  Some of us cab or walk to bars. Why is there an issue about us getting drunk? IT IS WHAT HAPPENS when you drink in bars ... LOL
2013-02-23 01:20:57 PM  
1 votes:
key line fromthe article right here : "DeVito said that the man was a regular at the bar and also served as an officer at the Legion Post. "

the calling the cops  was a useful cover in my opinion for firing her because she got on of thjer one arrested , not to say he would not have gotten busted himself for drunk driving.
2013-02-23 11:07:10 AM  
1 votes:

PreMortem: I'm sure that if she told him she would call the cops he would have made other arraingments.



Yes, because intoxicated people are notorious for their receptivity to reasoned suggestions, and their increased wisdom.

And something FTFA:
According to the Ohio Department of Public Safety, there is no law requiring a bartender to report a drunken-driver.

Bartenders are prohibited from serving an intoxicated person and could be held liable for any crash or injury that results, though.


Kinda seems like a catch-22... There's no law requiring it, but if you don't do it you're liable to be sued into oblivion.

And there's no way that bar owner's statements aren't going to be used against him now in future lawsuits. I'm sure lawyers all over that area have just put that story in to a safe deposit box. If someone does drive home drunk and kill themselves they're going to be busting out in court that the genius bar owner/manager is firing employees who try to stop drunk patrons from driving home drunk.
2013-02-23 10:29:46 AM  
1 votes:
i wonder if the people who believe that she should have instead "insisted that the guy take a cab" have ever actually met other human beings, or if they are just turing machines.
2013-02-23 06:02:34 AM  
1 votes:
I can see why it would be nice for a bartender to try and warn a patron first.  But in this day and age why should they have to?  Is there anyone in any civilised country that isn't aware of drink driving limits?  And that you shouldn't drive after drinking?

The moron is aware of the law.  The moron clearly went to the bar with the intent of getting that drunk (or drunker). The moron drove there, knowing they would be driving home munted.  The moron had the clear intent from the get go to break the law.  Most drunk drivers do.

There's not actually many people who go "whoopsy, meant to have two beers, accidentally had seven, silly me, oh well have to get home somehow so driving it is".  No, their intent when they drive to the bar is to get drunk and drive home.  They simply figure they won't get caught, and don't care about the risk they are causing others.

So why SHOULD a bartender warn a moron before calling the cops?  The threat of legal problems didn't stop them acting like a moron in the first place, they should lie in the bed they made.  Maybe it will change their behaviour before they maim or kill someone (other than themselves, who cares if they do that).
2013-02-23 05:44:04 AM  
1 votes:
As a former bartender, I'll say: It's very tough to know when to cut someone off. Especially if they were drinking before your shift started. If you make a habit of cutting off drunk people, there's a good chance you'd end up fired pretty quickly for hurting business.

You obviously want to cut off someone who's heading into alcohol poisoning territory, but someone who's just happily drunk with their friends and taking a cab back home? Yea, technically you're serving an intoxicated person but that's kind of your job.

I think I cut off maybe five or six people in the five years I bartended. I kept a whole lot more people than that from driving home though.
2013-02-23 05:18:24 AM  
1 votes:

special20: Yet she HAD THE TIME to drop a dime. If I may project, as you do, then perhaps she just didn't like the guy, and schemed to hurt him because she found him personally offensive.
It's possible all this had NOTHING at all to do with public safety.


Nothing would have happened to him if he hadn't been trying to drive at twice the legal limit. That's not a few beers drunk. That's waaaaay too drunk to drive. That's on him- it was his responsibility to either stay sober enough to drive home or to make other transportation arrangements, and even if she did dislike the guy- there's no getting around the fact that he had no business trying to drive in that condition.
2013-02-23 05:17:15 AM  
1 votes:
Except given the guy was 2x the legal limit, she was hardly scheming to hurt him. That's pretty farking trashed, especially for an old drunk who's got some tolerance.
2013-02-23 05:13:52 AM  
1 votes:

cptjeff: jaylectricity: But drunk driving gets everybody's panties in a twist. Maybe for good reason. I'm not smart enough to make that determination.

It kills about 10,000 people a year.


And this bar needs to lose its license. The police might have a word or two with the owner about encouraging illegal behavior, and they're probably not thrilled with the whole firing people for reporting a crime thing.


If the owner thinks reporting a drunk driver is bad for business, I wonder what he'd think having a regular stream of patrol cars out front would do for business. Or perhaps he'd like a patrol car parked at the parking lot entrance.
2013-02-23 04:45:59 AM  
1 votes:

jaylectricity: But drunk driving gets everybody's panties in a twist. Maybe for good reason. I'm not smart enough to make that determination.


It kills about 10,000 people a year.


And this bar needs to lose its license. The police might have a word or two with the owner about encouraging illegal behavior, and they're probably not thrilled with the whole firing people for reporting a crime thing.
2013-02-23 04:31:19 AM  
1 votes:
The bar I used to work at kept an off duty cop on the premises just for this purpose. He patrolled the parking lot, and if he saw anyone who looked drunk getting into their car, he'd walk up and tell them that if they started the car, they'd be arrested and he strongly suggested they call a cab.

We would alert him to anyone we thought was drinking too much. It worked beautifully.

This woman though? Clearly didn't have the kind of support from the owner to have something like that in place. She did the right thing. And no one knows if she tried to warn him first or tried to take his keys away or call a cab. I had folks get belligerent with me over that many times. It was helpful to know that I didn't have to keep arguing with stupid drunk folks- I could just let the officer deal with them.
2013-02-23 04:07:33 AM  
1 votes:
I don't mind her getting fired.

What she should have done is gone up to the man and said, "You are too drunk to drive. If you get behind the wheel I am going to have to call the cops." Then take his keys and call him a cab.

I was a bartender for ten years. I said the above more than once. If they didn't have cash for a cab then I would let them run a tab or pay for it myself.

Would every person who drove away from the bar pass a breathalyzer? No. But anyone I ever called the cops on (that wasn't brawling) got a warning from me first.

She sounds vindictive. She shouldn't be fired for calling the cops, she should be fired because she did it in a passive-aggressive way. She didn't really do it to protect him / the public. If she was trying to protect people she never would have let him get behind the wheel in the first place.
2013-02-23 03:51:40 AM  
1 votes:

A Terrible Human: I've never understood the appeal of bars. When I drink I want to get drunk,not socialize with a bunch of other drunk assholes or pay a premium for shots when I could go to a liquor store and buy my own damned bottle.


Well it's for getting drunk, socializing, and getting laid. It's for the same reason people go to parties except that it's on demand.
2013-02-23 03:45:42 AM  
1 votes:

violentsalvation: WTF ever happened to personal responsibility?


It was litigated into the ground.
2013-02-23 03:45:14 AM  
1 votes:
I've never understood the appeal of bars. When I drink I want to get drunk,not socialize with a bunch of other drunk assholes or pay a premium for shots when I could go to a liquor store and buy my own damned bottle.
FNG [TotalFark]
2013-02-23 01:27:39 AM  
1 votes:
Ok, so this was at a place that would seem to be a tight-knit community.

Rather than call the cops, call him a cab? Ask someone sober to drive him home?
2013-02-22 11:59:34 PM  
1 votes:

Bathia_Mapes: Someone needs to remind the bartender's former boss that it would be far worse if the drunken driver caused an accident that resulted in someone's death. The family of the deceased would have every right to sue the bar into oblivion.


Yes, but he had an out for firing her he was too dumb to use as well, since she admitted to serving an intoxicated person.
2013-02-22 11:38:46 PM  
1 votes:

davidphogan: Isn't it illegal to serve someone you know is already drunk anyway pretty much everywhere?  I know at least in some states the bar owner could use that as a reason to fire her.  She admitted serving an already visibly intoxicated guy more beer, why not just say that you were scared of the liability of keeping a bartender on who knowingly gave someone who was already drunk more alcohol?


The manager is an honest man, obviously.
 
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