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View Full Version : I Got Kicked Out Of A Bar Last Night



Tycho
12-22-2007, 10:33 AM
Unfortunately, this is not going to be a "funny drunk story."

I get nasaeus and throw up now about 3-4 times a week, every week because I'm retaining so much water due to my kidney failure and my stomach is bloated out and hurts quite frequently after I eat.

But I still need to have a social life. I go out when I feel up to it and tonight was Friday night. (This is as opposed to staying home, by myself, and thinking up crazy things to post online here).

I did not drink ANY alcohol - I have the bar receipts to prove it. I ordered chicken and vegetable "kabobs" (on skewers) and had cranberry-pineapple juice and then later hot chocolate because I can become freezing cold to a degree where I'm shaking because of anemia that probably goes with Polycistic Kidney Disease (PKD - and Your blood doesn't carry enough oxygen with this hereditary disease).

So along with everything making me feel uncomfortable, I went to the men's room and threw up. Unfortunately for me, this is not uncommon. But I made absolutely no mess. Vomitting as much as I do from my stomach swelling due to my inflated kidneys and water retention, I've developed quite good aim these days. Yup. I'm so used to throwing up, I can hit the target and not make a stray splash. (When I'm angry about it, I've started a few "vomit threads" around here, but they're usually deleted, as they're viewed as part of "Tycho's Trolling Activities" - TTA.)

So anyway, when I came out of the stall, two security guards had been called by the bathroom attendent to escort me out of the bar. I had a tab open, and they brought me my bill outside - where they could see that I ordered NO ALCOHOL by looking at my bill. But they proceeded to give me a sobriety test that I don't think I could ever pass since my PKD caused a brain aneurysm 2 years ago and I'm either not that coordinated any more, or I don't really care to play stupid games. Actually, I think that the test was only an excuse to refuse to re-admit me to the bar since my taking it and failing it, would seem to imply my agreement that if I could not follow the guard's instructions, I'd consent to being refused re-admittance. (I uncover all the conspiracies, remember?)

Well, I ended up going out some other places for Friday night, but I wanted to share this story. It should pizz some people off. I hope you never have to go through this with an illness, but **** **** happens.

2-1B
12-22-2007, 11:27 AM
Last night I pole danced, no lie. I was out on the dance floor grinding away with a female friend of mine (I think she might be pregnant after that :grin: ) and during a 1-2-3 punch of P---y Control / Lady Marmalade / Crazy B---ch , we hit up the pole in the middle of the dance floor. Fun time last night.

Kidhuman
12-22-2007, 01:30 PM
I would sue them Tycho, they kicked you out and forced you to a point of humility because of your disease. Contact the ADA and see what can be done to them.

Neuroleptic
12-22-2007, 01:35 PM
That's down right unfair Tycho. I think kidhuman has a point. You may want to consider doing that.

Tycho
12-22-2007, 02:19 PM
Thanks for your concerns, guys.

Sometimes people sue just because they think they can win. We're a litiguous society.

That being said, suppose I was throwing up because I had the flu. By my bills and bartender's knowledge, I was obviously not drinking, drunk, and disorderly. I was there for almost 2 hours before I got sick, btw - and not a problem before - so why would I become so when I was not drinking?

But anyway, suppose I had the flu. An employer or even a retail store owner has the right to ask someone they consider to be undesirable to leave their business. Yes, if I was in a wheelchair, I'd have an obvious disability. However, by looking at me, I don't have any disabilities that are readily apparent.

Obviously I do, but a bouncer couldn't make that call.

So if you had a customer with the flu who might affect the health of your other customers and employees, or even affect your food order business, you might ask such an individual to leave the premises. That would be the argument I face.

Though I doubt this bouncer would have been so invested in protecting the bar's food business, even so.

It could be worth a shot, but it would wind up all dependent on how good my lawyer was.

My family has attorneys who regularly work with us. It being Christmas Eve, and then New Year's Eve the following week, it may be a little while before I can consult with them.

El Chuxter
12-22-2007, 02:24 PM
Normally, I'm not in favor of lawsuits. But this one seems to have merit to me, since you clearly weren't drunk, and they apparently saw that and used a not-entirely accurate sobriety test to bar you. If nothing else, the establishment should be taught a lesson. (Most restaurants tend to want to settle out of court anyway, so chances are it'll never come to trial.)

2-1B
12-22-2007, 03:49 PM
It's a BAR, they can kick you out for pretty much any reason. If your clothes are too baggy, they can disallow you from coming in. If you're bothering women by hitting on them, they can kick you out. If you're puking in the bathroom, they can kick you out and I don't think they need to prove more of a reason than that.

Tycho, I'm sorry you're sick but a lawsuit here would be a waste of time. You're best avenue is to never give them your business again and talk as much trash about them as you can around your friends, spread the word about their treatment of you and maybe you can hit their bottom line by people not going there.

JediTricks
12-22-2007, 04:47 PM
I'm with KH, sue 'em. Or take it to the local news and humiliate them.

LTBasker
12-22-2007, 07:18 PM
They could've mistaken your puking as a side effect of some bad drugs or overdosing, and I doubt any business that tries to be respectable wants to explain why someone was allowed to overdose in their building.

This could have been further suspected when they saw your order history didn't contain any alcohol, but they could have at least asked if you were just ill or possibly had an allergic reaction. Though, they probably deal with it so much that they adapted a zero tolerance policy.

Maybe the best course of action would be to give them a call, ask their policy, then explain your situation if you want to make sure you're ever allowed back. Assuming that getting kicked out is along the lines of being banned as well.

2-1B
12-22-2007, 08:03 PM
Around here, if you get kicked out and go peacefully, they'll usually let you back in - there's a difference between that and getting banned.

Not that Tycho did anything truly wrong in the first place, but from their perspective they'd still probably let him back in next time. That is, if he would even WANT to go back after they gave him grief like that.

Slicker
12-22-2007, 08:56 PM
A lawsuit? Are you guys kidding? While I totally do NOT agree with them throwing him out there is no need to sue. That's another problem with this country. People trying to get money for nothing. Maybe they didn't want someone in there that may have the flu and getting everyone else sick.

Tycho
12-23-2007, 02:34 AM
Slicker's point is a good one. That's what I considered, too.

Yeah Caesar, no one said I was banned.

The darn chicken kabobs that I was eating the other night are one of the reasons I go there - they're that good (with the BBQ sauce). WHAT I ate had no effect on me puking, most likely. It's just my medical condition. I could have ate anything and had a bad reaction if it was time for another one of my "episodes."

So I'll go back there, but be careful to let the regular bartender know what happened, and I've saved my receipts to show those door guys if I ever see them again that I didn't order ANY alcohol. I don't recall if they were hired by the bar, or part of a security company's evening assignment there. In the latter case, they might have even less experience or desire in keeping a bar's regular clients happy.

But yes, I was "sent home," and not "banned." That still didn't make it right though. If they'd understood the situation, they should have offered a place to sit down and a glass of water.

Anyway, I went out to Dave & Buster's with NavTek instead tonight. We saw Natalie Portman there. (Not really - but with the lack of DeadEye being around, I took it upon myself to tell her that she looked beautiful. She said "thank you," and that was the extent of it). Later I had one New Castle. It was a great relief. Now I'm home, but wish I had one more...

jedi master sal
12-23-2007, 09:46 AM
I don't think a lawsuit is the way to go here.

Especially if you didn't tell them you had a disease and that's why you threw up. If you had and they still threw you out, then you might have a basis for a suit.

If anything, I'd go to TV and have them do a report on it. But the story has to be good enough.

Really at this point you should almost just drop it. If you don't tell your story now, then it's going to be old and TV stations don't often report old stories. At least not here in Pittsburgh.

stillakid
12-23-2007, 12:52 PM
A lawsuit? Are you guys kidding? While I totally do NOT agree with them throwing him out there is no need to sue. That's another problem with this country. People trying to get money for nothing. Maybe they didn't want someone in there that may have the flu and getting everyone else sick.


That's bs. The "establishment" humiliated a customer for no apparent or reasonable cause. At the very least, public humiliation of the establishment via the media is called for. And if that isn't enough to compel that establishment to think twice about their careless and thoughtless actions, suing is called for.

We're a litigious society because too many people are too damned ignorant and intolerant to know what the boundaries are in treating people fairly. When someone crosses that line (see the "other site" issue for an example of that kind of nonsense), the people at fault deserve to have their own lives left in ruin as punishment. The Declaration of Independence states that "All men are created equal." I disagree. While all people should be granted the same fair opportunity to succeed and strive for a fulfilling life, it is more than clear that all people are not created equally. Some are more athletic and some aren't. Some are more intelligent and some aren't. Some have more common sense and some don't. Some have perfect bodies (health and looks) while others don't. The willfully ignorant don't deserve a "break" and their fair chance at opportunity should be forfeit.

I don't know all the reason for Tycho's ejection, but from what he says, it seems clear that it was without fair or just cause. At worst, the establishment and the individuals involved should be fined until it hurts. At best, the place should be closed and the owner bankrupt. That kind of bs is willful ignorance shouldn't be allowed to prosper in society.

2-1B
12-23-2007, 01:08 PM
puking patron + being in a bar = reasonable cause

stillakid
12-23-2007, 01:38 PM
puking patron + being in a bar = reasonable cause

puking patron + being anywhere = maybe something is wrong and we should find out if we can help before jumping to conclusions

puking patron + getting kicked out before finding out what is really happening = willful ignorance and bad judgment

2-1B
12-23-2007, 01:56 PM
stillakid you should represent Tycho in court (pro bono) since you are so certain of this.

Honest to god, a person got kicked out of a bar (I guarantee you he's one of thousands who got kicked out across the country that night) and all this talk of lawsuits makes it sound serious, like he was denied service on account of his race or something.

Puking People are not a protected class, the establishment has every right to refuse service to someone on that ground. I agree they over reacted, personally I'd be ticked at them and never go back there, nor would I if they treated my friends like that. But a LAWSUIT ? Give me a break.

Tycho
12-23-2007, 03:49 PM
Especially if you didn't tell them you had a disease and that's why you threw up. If you had and they still threw you out, then you might have a basis for a suit.

I'm not sure how I'd have done this. I don't know when I'm going to throw up (it almost always happens if I go to McDonald's so I never go there anymore), so I don't go to an establishment and tell them, "I have a disease and may throw up. Can you take my food order?" If I eat 14 meals in a week (I often skip lunch because I can't eat that much food any more), I might puke 3 times in 14. How can I know when it's going to happen (other than if see "the golden arches?")


puking patron + being in a bar = reasonable cause Yes. Normally, that is reasonable from the POV of security and management.


The "establishment" humiliated a customer for no apparent or reasonable cause. At the very least, public humiliation of the establishment via the media is called for. And if that isn't enough to compel that establishment to think twice about their careless and thoughtless actions, suing is called for.

Well, they weren't busy enough at that hour (about 9pm when I got tossed) to have really humiliated me. That would require being embarassed in front of attractive girls. Only guys who want to start drinking really early were there at that point, lining up outside where they gave me the sobriety test. I was there early because I was hungry, I'd planned to go to the nearby Toys R Us when their truck was unloaded, and if I get in when the place is quiet, I can get a seat near the ladies' room which is a good spot to get noticed by the girls when they do get there.

I was actually amused at first - c'mon: being given a sobriety test when I hadn't had anything to drink. My first thought was, "this will be a cakewalk."

However, I am less coordinated now after that brain aneurysm I had in '05 and the test was a conspiracy designed to help the security eject whomever they want. Let me serve notice to all who might actually get tossed out of a bar for actually drinking: following someone else's complicated directions (such as counting and doing stuff with your fingers other than simply touching your nose or something) is not something everyone is good at - even when they are sober.

Agreeing to follow their simple test directions implies that you will leave without incident if you are unable to do what they ask. Yes, if you are drunk, it might be more difficult than ordinarily, but even if you aren't - if you aren't good at following directions, you just agreed to obey their final direction - that being for you to leave - anyway.

So while they didn't ask me to stand on my head (that would be an insurance risk), the principle's the same. They agree that you can stay if you can do something they expect you'll fail at. So they pretend they are being very reasonable, but effectively control security the way they are employed to. "I will buy you a free field level seat at your ball game if you can hit one all the way out of the park during pre-game batting practice." Get the idea?



I agree they over reacted, personally I'd be ticked at them and never go back there, nor would I if they treated my friends like that.

A lady-friend of mine said that Pacific Beach Bar & Grill is notorious for kicking people out for the slightest reason. Every night they remove people, she said. They have a zero-tolerance policy and assume it's the worst case scenerio in every situation.

San Diego's beach bars are under attack in a way. Local conservative home owners want a lot of the liquor license establishments removed from the area and block all new licenses from being approved that they can. They also succeeded in ending a popular block party that used to be held on the streets every year there (where I once discovered my favorite local rock bands). The home prices have skyrocketed, and though many are rented out, many more are owned by older folks that can afford their million dollar prices.

Pacific Beach Bar & Grill is one of the most popular hang-outs in San Diego. You can't deny that some of the best looking college women go there regularly. And it is far nicer or classier than many of the dive bars along the same street in the entertainment district.

Not going there would deny me good social opportunities, not to mention the chicken kabobs which I decide to order before I even get there. It's also like 5 minutes away from Toys R Us ;) So you can figure out my plan when I head down that way. Not going, is almost not an option.


puking patron + being anywhere = maybe something is wrong and we should find out if we can help before jumping to conclusions I agree and this is my reasoning behind why I should be angry in the first place.


puking patron + getting kicked out before finding out what is really happening = willful ignorance and bad judgment

We don't know for sure this is what they did though. If they looked at my bar receipt or asked my bartender what I'd had, they'd know I drank NO ALCOHOL. However, like Slicker pointed out, they might have also thought it best for business if they had no one who was sick in their establishment - so if I had the flu, they were going to remove me.

This made me think of Southwest Air who had the girl in the mini-skirt and low-cut top (a HOOTers girl) change her clothes so she could fly and not offend any customers. They also made a guy wearing a shirt that read "Master Bation" turn the lettering inside out.

If you got on a plane and started ralphing into an air sickness bag before the plane even left the gate, could the crew be in their right to ask you to debark? I mean they could exchange your ticket. It gets really sticky if the delay forces you to take a hotel - in which case they should comp it. But if you were one of the other plane passengers, would you want a puker seated next to you? Again, the passenger starts vomitting even before the plane leaves the gate. (Gosh, this could happen to me, now that I think about it)

I am considering asking my doctor for some kind of ID card that describes my condition. Like I said, probably 11 out of 14 times any week, I will NOT puke. If I DO manage to get the flu, I'll have an excuse and way to hide THAT illness however. But I only get a communicable disease maybe once a year (like flu or a head cold). My situation is directly related to my swelling belly (and you can't see that depending upon what I'm wearing) and how much pressure I have on my stomach.

Remember my sweat pants thread? Well that's why I bought them (really nice Nautica, Nike, Addidas, Abercrombie stuff though) - but dress pants and a belt don't feel that great any more and can make the situation worse. It's just that some places, like going out on a Friday or Saturday night, sweats would be inappropriate and not allowed in the door anyway - no matter if I laid out $200 for some designer running suit.

However, I thought that funny because a lot of the scalper-trash you see in front of the stores in the mornings wear sweats - the same ones every day even - and now I look just like them! :thumbsup:

JediTricks
12-24-2007, 04:46 AM
A lawsuit? Are you guys kidding? While I totally do NOT agree with them throwing him out there is no need to sue. That's another problem with this country. Yeah, I agree, that's a big problem with Japan. :p "This country", where you are stationed right now. ;)

People trying to get money for nothing. Maybe they didn't want someone in there that may have the flu and getting everyone else sick.Not all lawsuits are for financial gain, it could have been to correct an unfair behavior, that's part of what the tort system is about, addressing wrongdoings by a private party in civil court.



stillakid you should represent Tycho in court (pro bono) since you are so certain of this.

Honest to god, a person got kicked out of a bar (I guarantee you he's one of thousands who got kicked out across the country that night) and all this talk of lawsuits makes it sound serious, like he was denied service on account of his race or something. Puking People are not a protected classNo, he was only denied service based on his medical condition, which is a class here in California that is protected against discrimination.

2-1B
12-24-2007, 11:34 AM
JT, would this fall under ADA guidelines? From my experiences with ADA, it would not. Of course, that's a Federal law and not state so maybe California has a more inclusive rule but I'd be surprised.

Kinda related, thank god this isn't what Tycho had to endure, but about 5 years ago or so here in Wisconsin I remember a story where a diabetic was arrested for being "drunk." He wasn't drunk at all, but due to his condition and lack of insulin he was slurring his speech and stumbling...the cops put him in the drunk tank at a local jail to let him sober up before they did anything further in processing him and he ended up dying in their custody. Just an awful story. :(

JediTricks
12-25-2007, 02:05 AM
California is pretty wide-net about such things, but I don't know for sure.


That's awful. And if they had him blow a breathalyzer I believe it might have come up positive since the acetone in his breath would have been what it was sensing instead of alcohol which would have confirmed their incorrect suspicions. Bad news there all around.