Should You Stop a Pregnant Woman from Drinking Alcohol

By Jones & Associates Law P.C.

Imagine a very pregnant woman enters the bar where you are bartending and asks you to serve her a gin and tonic.  You look around, but don’t see her with anyone else.  The drink is for her.  Do you refuse to serve her alcohol?  Well, in New York, you may be in violation of discrimination laws but should you be?  Is this just another law designed to legislate away moral choices?  Is this an important step in anti-discrimination laws? If I were a bartender, I would be concerned.  Not about discriminating, but about liability.  A bartender can be sued if they serve someone who later drives drunk.  There are dram shop liability laws that outline that a bartender should not “over serve” alcohol.  Could pregnancy be the next frontier?  Could a lawyer one day bring suit against the bar if the child is born with Fetal Alcohol Syndrome?