In the “can mentally handicapped people drink” thread in GQ, it’s discussed if it’s illegal to serve the mentally handicapped. That brings up a bigger question: can any adult be refused alcohol, as long as they show no signs of intoxication or misbehavior? Are there any people legally prohibited from using alcohol at all?
Since there is no right to consume alcohol a server is entirely allowed to refuse service to someone so long as the reason has nothing to do with being in a protected class.
Someone coming into the restaurant being a total ass? Completely covered in being refused service. This doesn’t mean said asshat can’t complain that the refusal was racist or whatever.
ETA: The only people I can think of that would legally prohibited are those who are on probation/parole and can wind up in prison.
Any business can refuse service for any reason baring protected class. Your local bar can decide they don’t serve Yankees fans as a policy.
It’s not unusual for someones terms of probation to disallow the use of drugs and alcohol. That isn’t the bartenders problem though.
I used to be a cashier at Walmart. Colorado law says that if a person is obviously of legal age, a cashier/server does not need to ask for ID, but has the discretion to do so, if desired.
Here’s the kicker – if a customer is asked for ID, and doesn’t have it or refuses to show it, the law explicitly allows the employee to refuse the sale because of that, even though the customer is quite clearly old enough.
I recall a Doper asking whether a bar can legally deny alcohol to a pregnant woman. Can’t recall what the answer to that was.
They can serve alcohol to pregnant women. If the pregnant woman is already shit-faced they can refuse, same as they could for anyone else.
My parents lived for a time in Abingdon, VA. It was the only wet county in a sea of dry* and the Martha Washington Inn was the only place for a hundred miles in either direction along I-81 where you could get decent food and a drink; it was very popular.
But there was this one waitress who would take your food and drink order with no fuss, then never pass the drink order on to the bar. If my folks drew her, they’d order their own drinks at the bar, and severely reduce her tip.
*There was one state store in the county and it was the highest grossing state store in Virginia because it was also pulling in people from TN, NC and I think even KY.
“Your local bar* should *decide they don’t serve Yankees fans as a policy.”
ftfy
In Massachusetts, any server (waiter, bartender, manager, etc.) can unilaterally decide a customer is intoxicated and refuse them further alcohol service, and they cannot be overruled. So if your waiter decides you’re too drunk to have another beer, there’s no point in asking for a manager, because they’d be in legal trouble if they instructed the server to serve you anyway. Of course, you’re also free to take your business elsewhere.
Most of the US refuses to serve adults already on a constant basis, even adults serving in the military all the time. The Legal Age to drink in most states is 21which excludes all those adults ages 18-20.
As others have said, stores can refuse service for many arbitrary reasons. You don’t have a “right” to buy anything from any store. Stores however can’t refuse a sale solely because, you’re Asian, gay, etc.
I keep hearing stories of people buying alcohol while accompanied by a person that looks underage. If the clerk thinks the alcohol might be for the underage-looking person, they can card the underage-looking person and can refuse the sale if no ID is produced or they are underage. Not sure if this is store policy or state/local law. I can kinda sorta see why they would do this, but wouldn’t people just quickly learn to not bring their underage (or no-ID) companion through the checkout line with them? 
Presumably so, but obviously this person has not yet done so. I suspect that a 16 year old might hand money to an adult and ask them to buy liquor, but not trust them not to take off with the cash so they accompany the adult.
I suspect the sore’s reasoning is that if there is no one underage with the purchaser, there is no reason the checkout clerk should guess they might be buying the liquor for such person. But if there is someone underage, and if the purchaser leaves the store and gives the liquor to the minor, the store might get sued. Refusing service protects them from that.
I have friends who work for the SAQ (Quebec liquor commissioner) and they are instructed to refuse service to anyone who looks like they might be buying alcohol for a minor. So, a mother buys wine with her 5-year-old in tow? No worries, unless she’s literally opening a sippy cup and pouring some in. But with a 16-year-old (drinking age here is 18), there might be questions and a service refusal. My friends have said they’re especially suspicious if the purchase is for something popular with younger drinkers, such as wine coolers.
Wine coolers are still popular with younger drinkers in Quebec?
Can the policy be made up on the fly ? Or is there a requirement that policies be written and available for customer review ?
Hypothetically, say on day 1, Jack wears a Yankees fan shirt and is refused service at a bar citing the above. Then Jill goes on day 2, wearing a similar Yankees fan shirt and receives great service. Does Jack have any legal recourse ? Or can the manager claim that the “No Yankees fan” rule applied on day 1 but not day 2 with only the manager’s word for it ?
I’ve seen signs posted. They usually indicate that all sports clothing is banned. In the USA, it is usually an anti-gang measure. In the UK, I’ve seen, “No football colours” posted at several pubs.
I’ve never seen a complete prohibition of one team’s fans, although I have seen, "This bar is a <insert name of team> supporter. Opposing fans must be respectful.
I’m an old, so I can’t say for sure. I do know that combination energy/alcohol drinks (like Four Loko) were kept out of Quebec until a couple of years ago, so other stuff took its niche. Maybe that’s more more popular with young drinkers now.
Why did she do that? And what did she say if you asked?
Regards,
Shodan
That assumes the server knows a woman is pregnant. If so, they could knowingly serve alcohol to said woman, though I’m not sure that would be very smart.
After the ADA isn’t people with disabilities a “protected class” (like race or gender), if so refusing to serve them would be grounds for legal repercussions.