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Not allowed in public bar - HELP!!

Mon, 07/31/2006 - 03:30
My friend has epilepsy and has been confronted with some public access discrimination. I have some questions... He was told he was not allowed to drink inside the bar because they kept saying he was drunk, but he would be having a seizure. They told him he could not come back, but later after taking some printouts off the net letting them know that it is illegal to discriminate they allowed him back in, but he was not allowed to be served. He agreed and starting going back to the bar drinking water and visiting with his friends. This last Thursday night he had a seizure and went to the ground. The bartender grabbed him while in the seizure and started dragging him through the bar and yelling at the bouncer tell him to pick him up. All this was going on while he was in a seizure!!! He had nothing to drink (he is not a "drinker" and may only have a Smirnoff Ice and sip on it for an hour or two.. he also does not drink at home) but was accused of drinking somewhere else which was not true. He had nothing but WATER to drink all day and there too! Anyway, he is now barred from this cocktail place because he had another seizure. He has the type of seizure where his left arm and left tighten and lift up. He does not have Grand Mal seizures now. He has had brain surgery and has a implant in his chest and wears a magnet to activate the implant when he feels a seizure coming on. He is 21, a great guy with a kind heart and he is so sad that he now can't go see his friends and watch karaoke twice a week. It's a shame they are getting away with this type of discrimination, but they are saying they have to protect themselves because what if he gets hurt or hurts someone else while having a seizure. He seizures are not violent and I can tell you, they kept on serving drunks in the bar and they fall down all the time! Actually I only have one question... Can they get away with this and can anyone help? Thank you! Ray

Comments

Re: Re: Re: Not allowed in public bar - HELP!!

Submitted by littlebug on Mon, 2006-07-31 - 19:30
it is agianst the health and disability act to discriminate because of seizures.I to live in ca.Im not at my house right now so I dont have any #with me but you can contact the eplipesy fondation.call 411 for the #.they can give you several resoures to help.good luck

Re: Re: Re: Re: Not allowed in public bar - HELP!!

Submitted by gretchen1 on Tue, 2006-08-01 - 20:21
I don't know what state you live in, but in my state I have been roughed up by the police twice and even though my husband and a librarian once who was with me stated I had had a seizure, they said that might be true, but I might also be guilty of public drunkness and/or drug use. They very roughly with handcuffs behind my back took me to the ER upon my husband's insistance, who was also roughed up (thrown up against a brick wall by both police - idiots) to be checked for alcohol and/or drugs in the ER before being thrown in jail. They did this, I was of course clean, and released. I was absolutely livid. This was maybe 5 years ago. I can't remember whom now, but someone told me to call the Attorney General's office of our state, not to make a complaint, although I did because they hurt us both, but to see if the police broke any laws or really exactly what rights we had because that was very frightening to me. In fact I still feel very uncomfortable because of that and sz'ing alone when walking. I moved to another state for a year, had problems with a company we bought a car from, called that state's Attorney General's office and they told us our rights. Interpreted the law iOW.My son with his epilepsy in another state has done the same. In all these states, 3, the law was interpreted to us and in all our complaints, the people we had complaints about, were partially right, but not right enough to do what they were doing to us. We knew then, the law had been interpreted for us. That's what apparently the Attorney General's office does and since then, I used them if I have to and I suggest other's do too. The best way to get a good response is to be organized. Write down what is pertinent, what is not don't babble on about it although you're dying to. Be calm, a person you'd like to talk to. We have all learned your friend or us may have had horrid things said to us but it doesn't seem to mean much to the AG's office. What actions were taken is what carries weight. You'll get a much better response if you're prepared well when you call. I'm upset about what happened to your friend. We used to dance a lot. The place we liked to go best tried out new bands they had head hunted for, were usually very good but it was in a bar. A very nice bar but still by the end of the evening some of the patrons were stinking, obnoxiously drunk and often leaving vomit to step in on the floor. I doubt your friend is THAT obnoxious. In our state too this was during the time bartenders were required to stop serving a patron who they deemed too drunk to drive safely. What I observed at least in just one bar? No matter how drunk someone got if they weren't causing a public spectacle, were paying customers, they were not denied service. It was discriminatory, discretionary IOW it seemed to me who got ejected. They also started installing breathlizers in bars and if your reading was too high? You weren't allowed to drive. Now THAT is not someone's opinion, that's objective evidence altho even if he was just sipping a drink, the alcohol might show up and give him an artificially high breathlyzer reading. For instance in a demonstration once I saw, someone used one squirt of mouth spray, Binaca, that has alcohol in it, waited one minute, swallowed water several times, had not had an alcoholic drink but the breathlyzer reading was very high - from the alcohol in the Binaca breath spray. I got curious, called our Attorney General's office today and read your post. Educated them some about epilepsy but the attorney I spoke with seemed to already know quite a bit about the discrimination we often receive. What Susan said in the broad sense is true, but this attorney stated there are a lot of but, if, fors and listed off a huge amount of things maybe you didn't mention, but probably didn't occur. An example of what he pointed out is that I'm guessing but it sounds like your friend had a Jacksonian Seizure? If so, he most likely didn't loose consciousness or have altered cognition where he became as I can with altered cognition, loud and obnoxious. A sz normally lasts 1-2 minutes or there abouts. You mention one sz that night? IOW on that night it was not repeated behavior? There was no objective proof this man was drunk and dangerous to others? He stated then the bartender was stretching the law at least in this state based upon his own experiences and bias's. I asked him what your friend could do. He stated if he can talk intelligently, he should ask for the police to come, test him for alcohol content, and if he's not legally drunk, if statements from others not known to him around him are asked by the police if he was threatening to them or anyone else and he wasn't? If he appears to have safe cognition? And alot of factors. Most likely the bartender will back down and be educated by the police on the spot. One comment they did make was that there were a lot of complaints about true life police shows, where people felt police were using excessive force on people by shouting loudly, making people lay on hot concrete, handcuffing before knowing enough facts they felt but he said this happens because police have been killed, wounded too often in the line of duty and they have to take a stance of protecting themselves by these measures. He guessed then that this bartender might have had problems in the past. It might even be his job is on the line he suggested because he didn't handle a disturbance right in the past. Who knows? But he needs education, he's not listening to you all, but the police (hopefully they are educated but I wouldn't bet my bottom dollar on it with my experiences) will educate him on the spot. I'd check with your Attorney General's office then. Ask who it is you're speaking with. If you get an apathetic attorney? Wait for awhile, call back and ask for any attorney to interpret a law for you besides "John Smith" or whomever you talked to. I did that today. But you know what? In general, for many of us? We can't drink alcohol. It sounds like your friend sz's frequently in that bar. I question is it because he is like me? When I drink, I sz. He needs to evaluate this, be proactive, and if this is his case, not drink alcohol in that lounge if he wants to be there. Every once in a while someone starts a thread very frustrated because one of their losses in life is they can no longer can enjoy an alcholic beverage without having a seizure. Well? We do have to give up a lot but unfortunately that's the nature of the beast and the sooner you can gain self honesty, be proactive for yourself, the easier and less frustrating, plus healthier your life can be. My last comment is though to me who occasionally goes into a few lounges in town for a cheap meal during "happy hour", even THAT early in the evening I have left because someone is so obnoxiously drunk, no meal tastes that good and then they throw your friend out for what you described? Good grief surely this barman has seen far worse than a man having a sz. I can get very combative right after a tonic/clonic sz if handled roughly but in truth I'm so darn weak and uncoordinated and I have taken some swings at people I feel threatened by, I've thrown things (whoops) but my arm is as strong as melting candles and my aim is laughable. IOW I'm not a REAL big threat. My loud mouth is the worst of it. And that can be explained. I have epilepsy, I had a bad sz, I am postictal, I felt vulnerable and threatened and I got temporarily obnoxious. It passes fairly quickly. But some of the drunks in lounges we've been to who have insisted for instance my service dog CAN TOO be petted by them- my husband says are far more obnoxious and persistent than I am in my worst PI, and I do know my PI's can get pretty ornery. I'd be interested if you do call the Attorney General's office and see what they have to say. Gretchen

Re: Re: Re: Re: Re: Not allowed in public bar - HELP!!

Submitted by therayban on Wed, 2006-08-02 - 01:43
Hello Gretchen, Thank you for the very informative note! My friend lives in Bakersfield California and I can't remember the last time he had a drink, but yesterday from about 2pm to 11pm when I left him he had about three seizures like I described in my original post. He normally has about three a day on average and other smaller ones that effect maybe just his left hand and arm. He is not much a drinker, so I have not noticed any difference in the seizures after drinking, but I am not saying it does not effect him. I just can't get over the way they treated him that night and that includes the humiliation. Before they kicked him out I can remember going there with my friend after he had a bad night of seizures. This one time he had cut his eye open and it looked like he had been in a fight. I told them that he had a bad seizure in his sleep and was cut and scraped up. They said he had been in a fight and were really rude to him in front of everyone. The female bartender that dragged him out of the bar must be the most ignorant person I have ever met. She refuses to listen and learn about my friends disability. Thank you again and I will let you know what we learn from the Attorney General's Office. Ray

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