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JustBob April 6th, 2016 2:08am

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?

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MaxDollaroff cynic turned skeptic
04/06/16 8:03 pm

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?

MaxDollaroff cynic turned skeptic
04/06/16 8:04 pm

...protected classes?

Malekithe Throwing the flag
04/06/16 4:39 pm

Or any legal consequences.
Where is the crime?

JustBob Your anger fascinates me
04/06/16 7:09 pm

Contributing to the delinquency of a fetus

Wes28 CBus
04/06/16 2:46 pm

Hah! I'm sure the libs would demand a lawsuit and scream discrimination if someone was ever denied service.

04/06/16 1:02 pm

No but of I'm the bartender, I'm refusing to serve her. Since we are all about refusing service these days.

conqueror MS gay atheist
04/06/16 11:38 am

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?

kjs Minnesota
04/06/16 9:19 am

When she asked for the shots he should of said no.

rons Thanks America
04/06/16 5:54 am

Bartenders have been prosecuted for serving to much to patrons who got in accidents. So I think they can get in trouble.

Preox Earth
04/06/16 5:16 am

No,it's the woman's fault for going into a bar and drinking.The person serving is just doing their job.

Colorado303 Future Seattle Resident
04/05/16 11:23 pm

No. Maybe the bartender just thinks she's fat

Seneca imbeciles for trump
04/06/16 12:33 am

Maybe her and her zygote have a higher alcohol tolerance.

JustBob Your anger fascinates me
04/06/16 7:28 am

Good point. The BAC calculators go off of weight, is the weight of the baby factored into that

corino Utah
04/05/16 10:19 pm

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.

nekmor Round Rock TX
04/05/16 9:23 pm

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

04/05/16 9:17 pm

Reason with her. Also, if you call the police, they will believe you not the woman.

swervin Maryland
04/05/16 9:11 pm

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".

crazyjane New Jersey
04/05/16 8:03 pm

No. You can't refuse to serve someone over 21 alcohol

04/05/16 10:40 pm

Unless they are hammered

Rosebud Ohio
04/06/16 8:41 am

Yes you can

ladyniner81 I hate people
04/08/16 11:16 am

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.

bluerum29 optimistic idealist
04/05/16 8:02 pm

Yah, that shouldn't be allowed.

think4yourself Not a safe space
04/05/16 7:59 pm

No. In many states it is illegal to deny service to a pregnant woman.

suppressedID anti Gilead
04/05/16 7:55 pm

Isn't that how people become bartenders?

04/05/16 7:52 pm

Contributing to the delinquency of a minor?
Child endangerment?
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?

04/05/16 7:54 pm

Until and unless those clear expectations are established, she's on her own.

catpillow Florida West Coast
04/05/16 7:47 pm

If there's no law against her drinking, the bartender shouldn't be in any trouble.

dawl adulting
04/05/16 7:38 pm

You put a bar in the basement didn't you?

JustBob Your anger fascinates me
04/05/16 7:41 pm

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

think4yourself Not a safe space
04/05/16 8:00 pm

Why not just do both?

dawl adulting
04/05/16 8:34 pm

How cool! I would have loved a basement room when I was younger. Awesome dad 😁

JustBob Your anger fascinates me
04/05/16 8:41 pm

I would've too, it's the whole package, 1000 sq ft, 2 bedroom, living room, 3/4 bath

dawl adulting
04/05/16 8:45 pm

Wow! Her friends must love hanging out there too!

TomLaney1 Jesus is Lord
04/05/16 7:35 pm

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.

krayzewolf New Hampshire
04/06/16 6:16 am

What if the bartender just thinks she's fat?

logicalphallus Minnesota
04/05/16 7:23 pm

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.

cyanospool The Deep North
04/05/16 7:22 pm

Bars can already get in legal trouble for serving alcohol to minors. I'd imagine this would fall into a similar category.

logicalphallus Minnesota
04/05/16 7:27 pm

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.

04/05/16 7:18 pm

No, it should not be illegal to serve alcohol to an apparently pregnant woman.

K4tn1ss Dont look in the closet
04/05/16 7:22 pm


04/05/16 7:25 pm

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.

Kay41 the Midwest
04/05/16 7:28 pm

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.

JustBob Your anger fascinates me
04/05/16 7:31 pm

Should she face any consequences, like if there were a police officer in the bar, should he be able to stop her?

Kay41 the Midwest
04/05/16 7:43 pm

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.

04/05/16 7:44 pm

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.

dawl adulting
04/05/16 8:09 pm

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.

Nemacyst No Lives Matter
04/05/16 8:37 pm

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dawl adulting
04/05/16 8:44 pm

Exactly my point Nemacyst, there is harm being done but no legal consequence...

Nemacyst No Lives Matter
04/06/16 6:25 am

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04/06/16 6:32 am

What, you'd force the child to grow up in bad conditions?

Nemacyst No Lives Matter
04/06/16 7:25 am

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04/06/16 7:30 am

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.

Nemacyst No Lives Matter
04/06/16 7:32 am

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PartyFree Nowhere in Particular
04/07/16 8:57 pm

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.

Zod Above Pugetropolis
04/05/16 7:17 pm

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.

Nemacyst No Lives Matter
04/05/16 7:13 pm

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