A woman, eight months pregnant (and obviously appears so), is tossing back shots of whiskey at the bar. Should the bartender face any legal consequences for serving her the shots?
No. But the bar tender can make a decision based upon their best judgement to serve or not serve the pregnant woman (which they are well within their legal rights to do so).
Here is where it might become more complicated: what if the pregnant woman is of one or more protected classes? Is now the bartender legally obligated to continue serving the pregnant woman because of the protected class status, even if it is against the bartender's best judgement?
And what if the bartender decided not to serve the pregnant woman. Are they now guilty of violating their rights as a person belonging to one or more protected classes?
Charges for what?
Or any legal consequences.
Where is the crime?
Contributing to the delinquency of a fetus
Hah! I'm sure the libs would demand a lawsuit and scream discrimination if someone was ever denied service.
No but of I'm the bartender, I'm refusing to serve her. Since we are all about refusing service these days.
It was her choice to do it, not the bartenders. In similar case, would a convenience store worker be prosecuted for selling a pregnant woman cigarettes seeing as they harm the baby as well?
When she asked for the shots he should of said no.
Bartenders have been prosecuted for serving to much to patrons who got in accidents. So I think they can get in trouble.
No,it's the woman's fault for going into a bar and drinking.The person serving is just doing their job.
No. Maybe the bartender just thinks she's fat
Maybe her and her zygote have a higher alcohol tolerance.
Good point. The BAC calculators go off of weight, is the weight of the baby factored into that
Pregnant isn't on her ID and it's not socially acceptable to ask and getting a good tip depends on not offending guests. We got a conflict of interest here.
This type of situational dilemmais a part of the conundrum surrounding the abortion issue.
If a woman's body is her own to do with it she chooses and she chooses to drink at any age and any stage of pregnancy she should be allowed to do it.
It's amazing how many people can think that someone should be punished for this behavior and stil believe that abortion rights should be extended right to the moment of birth.
It's a paradoxical world we live in
Reason with her. Also, if you call the police, they will believe you not the woman.
No. That is a good way to get yourself sued. She will say you didn't serve her because she is a woman or some other such nonsense and the next thing you know, you owe her 500,000 dollars for "damages".
No. You can't refuse to serve someone over 21 alcohol
Unless they are hammered
Yes you can
Yes you can. When I was drinking, I wS refused many times. But of course, I was seriously drunk, and it was a "I think you've had enough" and I never argued because most of the time they were right.
Yah, that shouldn't be allowed.
No. In many states it is illegal to deny service to a pregnant woman.
Isn't that how people become bartenders?
Contributing to the delinquency of a minor?
Serving a minor?
Maybe, but there would need to be clearly limited parameters about what constitutes reasonable precautions for the bartender. Many bars ID everyone now because they've been penalized for inadvertently serving minors who looked over 30. Will bartenders need to ask every woman if they're pregnant? And since there's no ID for that, would they require a signed statement attesting to not being pregnant?
Until and unless those clear expectations are established, she's on her own.
If there's no law against her drinking, the bartender shouldn't be in any trouble.
You put a bar in the basement didn't you?
No, I made it into my daughters' own little apartment down there, was going to put a bar, but I'd feel like a horrible father, maybe after the kids are grown
Why not just do both?
How cool! I would have loved a basement room when I was younger. Awesome dad 😁
I would've too, it's the whole package, 1000 sq ft, 2 bedroom, living room, 3/4 bath
Wow! Her friends must love hanging out there too!
Yes. He is an accessory to (a) child abuse or (b) attempted murder/negligent homicide, depending on the outcome of the pregnancy. He has a responsibility to refuse to serve her.
What if the bartender just thinks she's fat?
Drinking while pregnant isn't a crime, and giving someone the opportunity to do so isn't either. He/she could get in trouble for over-serving her, but I that's the case whether she's pregnant or not.
Bars can already get in legal trouble for serving alcohol to minors. I'd imagine this would fall into a similar category.
That raises an interesting question. I think eight months pregnant is past the time that you can legally abort the fetus, so does that mean it's considered a human being? If so, then I think you'd be right, but I'm not sure if a third trimester fetus is legally considered a human being.
No, it should not be illegal to serve alcohol to an apparently pregnant woman.
WHAT THE HECK IS WRONG WITH YOU PEOPLE!!!
Some of us oppose government overreach and understand that the bartender can't necessarily determine if someone is pregnant. And it is not illegal to drink while pregnant.
While I think the woman is horrible for drinking while pregnant and the bartender is acting irresponsibly (although it is his job to serve to his customers), how can the bartender be held legally responsible if there is no law against what he is doing? If anyone, the woman is the guiltier party here.
Should she face any consequences, like if there were a police officer in the bar, should he be able to stop her?
Tough call! I think that all the officer can do is to suggest she stop. Unless, of course, there is some sort of crime that he could charge her with.
As long as her actions aren't illegal, no. And while I oppose drinking while pregnant, I don't think any such laws should be established.
It is tough, in some cases the bartender can be sued if they don't take away keys/ monitor intake to prevent drunk driving and possible harm.
However in the case of pregnancy there is no legal consequence.
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Exactly my point Nemacyst, there is harm being done but no legal consequence...
What, you'd force the child to grow up in bad conditions?
Simply untrue. It's not illegal to drink while pregnant, the bartender can't be held liable. You are the only one who has expressed interest in having legislation that would punish the child for being born to a drinker.
More damage is actually caused in early pregnancy when the biological structures are still in early development than in later pregnancy when structures are more fully developed. How do I know this? I've had to study FASD as part of my certification as a special education teacher.
No charges for the bartender, though s/he should probably point to the required warning sign about alcohol in pregnancy with every shot s/he serves.
If the bartender over-serves her, probably, at least in some states, but not just because the woman showed up pregnant. How would the bartender even know the woman was pregnant unless she asked, and why would she? Most of us learned at a fairly young age how risky it can be to ask an "obviously pregnant" woman if she is pregnant - because if she turns out not to be you don't know for sure you can outrun her, and she is likely to react badly to the question/assumption.