Do the right thing, lose your job

[Fairportfan]

Ohio Bartender Fired After Calling Police on Drunken Driver

A bartender in Shelby, Ohio, claims she was fired over what local police say was the right thing to do.

Twyla DeVito had been a bartender at the American Legion Post in Shelby for almost a year when she called and reported to police that a regular bar patron and a board member of the American Legion had gotten into his car after appearing drunk and drove away. {emphasis added}

"There was no cab, I couldn't give him a ride home and I was working," she said.

So she called police, who found the patron driving with a blood alcohol level more than twice the legal limit, according to Shelby Police Chief Charles Roub. {emphasis added}

The patron was issued a citation for operating a vehicle under the influence, according to a police report.

Two days later, DeVito received a call from her commander telling her she was fired.

"He called me and said that I was bad for business," she said. "[He said], 'This is nothing personal, this is all business, but I am going to have to fire you.'"

"My commander said I didn't follow protocol, but there was no protocol," she added.

An attempt to reach the American Legion Post in Shelby, Ohio, for comment by telephone was unsuccessful.

According to the Ohio Department of Public Safety, there is not a law that requires a bartender to report a drunk driver.

"I support what she did," said Roub. "We encourage people to report crimes, we encourage people to report drunk driving and, as a police officer, that helps me do my job."

DeVito said she does not regret calling police.

"If he had gotten in a wreck that would have been on me, because I was on my shift," said DeVito. "It was in a lose-lose situation. I choose to possibly save a life."

She said she would do it again, if she could.

"I just want people to understand [that] bartenders are in a catch [22]," DeVito said. "I can cut you off but you are still getting in your car and you're still drunk. The whole point is being missed. You are still in a car drunk and driving."

D'ya think that if one of the guys hadn't been a board member, she'd still have her job??

[Jabberwonky]

Ohio Bartender Fired After Calling Police on Drunken Driver
D'ya think that if one of the guys hadn't been a board member, she'd still have her job??

Not a doubt, and it's pure shit. I hope she sues for a good settlement.
In Texas there have been cases where the drunk patron has, successfully, sued the establishment and/or bartender when allowed to drive drunk.

[Julie]

No...I'm cynical enough to believe that the second that patron complained about being given a ticket because the bartender ratted him out...and then said he was going to tell all of his friends never to go to that bar...yeah, her job was toast from the start.

I do agree with her that it's a bit unfair to the bartenders if the bar owners don't have a policy to support "doing the right thing." If she hadn't reported it, and the guy had gotten caught, she could have faced stiff penalties of her own for letting him leave intoxicated. What the heck was she supposed to do??

[Atomic]

In Texas there have been cases where the drunk patron has, successfully, sued the establishment and/or bartender when allowed to drive drunk.

In many states, they have a Dram Act to hold the alcohol supplier responsible for continuing to serve visibly intoxicated people. Not much of a stretch here.

[Fairportfan]

In Texas there have been cases where the drunk patron has, successfully, sued the establishment and/or bartender when allowed to drive drunk.

In many states, they have a Dram Act to hold the alcohol supplier responsible for continuing to serve visibly intoxicated people. Not much of a stretch here.

Hwever, without looking back, i'm pretty sure that the article says Ohio doesn't have a law like that.

[ShneekeyTheLost]

Yanno, I'm gonna have to agree with Fairportfan on this one... this reeks of 'good ol' boy system' use. The implication that the board member will then do everything he can to get the bar shut down because the bartender acted responsibly? Yea, that's the problem. The owner had no choice but to fire the bartender or get his place shut down. And he could make that threat by virtue of his position.

Honestly, though, at first I'd be tempted to say 'there ought to be a law requiring bartenders call the cops on blatantly drunk patrons intending to drive home', however the problem there is that it is impossible. The Bartender is already busy enough keeping up with everyone's orders. If some drunkard slips out while he isn't looking, such a law would hold the Bartender responsible, which wouldn't really be all that fair to him.

In Texas, there is the 'white knight' law concerning stopping to render aid. Basically, it protects people who stop to render aid, save someone's life, then get sued because of the measures required to save that life. Stopping and rendering aid is flat out mandatory for anyone who has taken the Hippocratic Oath, and Failure to Stop and Render Aid is a chargeable offense if you see an accident that does not have someone responding to it and don't at least call it in to 911.

I think something like this should be covered under a similar law. In this case, a barkeep cannot be held legally liable if a patron gets cut off due to intoxication then drives off and the bartender calls the police on him, on the grounds that he is acting to save the lives of whomever he plows into.

As an aside, if a Barkeep had done that for me (assuming I ever had made such a poor judgement call), I would have probably thanked him the morning after. A DUI citation is a pain, but far less so than Vehicular Manslaughter, not to mention possibly saving my own life in the process. But eh, some people are just jerks.

[MerchManDan]

Manitoba is the same as most states, I gather: Servers and establishments can be held accountable for the actions of someone who had been overserved. Nothing about calling the cops to report a drunk driver, though, but doing that is certainly appreciated (if not legally required). Since I'd just taken an exam about our liquor laws so I can legally work as a "doorman" (bouncer) for my current employers, one would think I'd know more - unfortunately, my retention lately has been less than stellar.

In Texas, there is the 'white knight' law concerning stopping to render aid. Basically, it protects people who stop to render aid, save someone's life, then get sued because of the measures required to save that life.

Canada has something similar, a "good Samaritan" law that protects people who help others - I had to learn about it when I became a security officer, so long ago, just in case I had to deliver first aid.

[Jabberwonky]

A news story about just this sort of conversation...

[bmonk]

A news story about just this sort of conversation...

I guess if you are an idiot who drinks and gets impaired judgment, it's everyone else's fault if something happens?

[Mark N]

A news story about just this sort of conversation...

I guess if you are an idiot who drinks and gets impaired judgment, it's everyone else's fault if something happens?

That seems to be the lesson that is being taught in today's world.

[Julie]

A news story about just this sort of conversation...

I guess if you are an idiot who drinks and gets impaired judgment, it's everyone else's fault if something happens?

Of course...it was all peer pressure! My friends should have known not to encourage or allow me to imbibe when I'd had so many DWIs already (that if you really think about it weren't my fault either since someone should have stopped me then, too). After all, your honor, aren't we taught that friends don't let friends drive drunk?? My friends failed me! And the restaurants that served me! They should have known I was a past drunk driving offender and refused to serve me. Now I, the helpless victim who couldn't say "No" so should have had friends and servers say "No" for me, have to live with the burden of having taken lives...all because of the poor judgements of others.

And this is why I believe that we seriously need to address the lack of personal accountability in our society.