Texas, Amazon, Facebook discussed on Lawyer in Blue Jeans
Welcome back to the lawyer and bridging show. My name is Justin Isaac. And so welcome mothers day. Mothers day addition. This is lawyer bleaching show we've been talking a little bit about Amazon lawsuits against John from the pregnant mother lawsuit against Jones day law firm, and these are these are pretty interesting cases, find these very interesting. If I hear anything come up on these Ernie any new revelations with regards to the suits. I'll be sure to keep you updated one thing. I did want to touch on before we move onto the lawsuit with regards to the bartender being arrested for we'll get into it. And just a second. Pregnancy basis is a legal and California law does prohibit employers from discriminating against pregnant employee's with respect to training compensation virtually any other aspect of employment. It's also illegal for an employer. Not to offer you plummet because you're pregnant now that's going to be a little bit more difficult to prove because you're going to have to have some kind of evidence that shows that's the reason, but the federal family and medical leave act in California family, right act guarantees eligible employees, unpaid job protected, family or medical leave. There is no requirement that this be paid. But your employees must provide you with reasonable accommodations, including temporary transfers, and your employees, your employer doesn't need to create a new position or discharging employees or transfer someone or put someone in a position who was not qualified to perform the job. But there are some protections. Place. And I think that the Amazon lawsuits probably based on something like that. But I just wanted to add that little tidbit in there that it is. And I thought that was common sense. But apparently, it's not it is something that you would expect people to know, you can't discriminate really for any reason, especially for people who are pregnant, but I guess we keep on hearing about these big companies that just keep on doing and not learning their lesson. But they'll pay they will make already paid a little bit Amazon. So. Okay. So what extent should bartenders servers be held accountable for serving alcohol drunk people? So if you want to chime in on this, this is I find this to be extremely interesting, and I'm going to give my opinion, I'll give my legal opinion as well. When eight hundred seven sixty K from b one eight hundred seven sixty five three six two if you want to chime in or send us a message on Facebook. Facebook dot com slash lawyer in blue jeans. Okay. So this is a scenario that happened in Texas recently. There was a bartender in Texas, and she's being charged with a misdemeanor for serving an intoxicated plano man who went on a mass shooting spree killing eight people at a Dallas Cowboys watch party a horrific act now Lindsay Lindsay glasses. Her name. She's arrested in April thirtieth and charged with violating the Texas alcohol beverage cO, titled sailed certain persons, the code states, a person commits an offense if if the person with criminal negligence cells in alcoholics beverage to a habitual drunkard or intoxicated or insane person. Let that sink in for just a second person commits an offense, and the per- the part that I really don't like about law is they committed offense. If they sell an alcohol beverage to an insane person. How are we supposed to know someone's insane? Ooh. What are we really expecting bartenders servers to know that that doesn't make any sense to me? We're gonna move on. And I'll come back to that. Because I've a feeling that. Well, anyway, one eight hundred seven sixty K from be one hundred seven sixty five three six two. So the charge carries a fine about five hundred dollars or up to a year in jail or both whichever they decide the Texas alcohol beverage commission concluded a report last year that glass a bartender at a local public house in plano violated. The code by serving the suspect thirty two year old Spencer height after he displayed signs of intoxication at the bar. According to reports glass texted another bartender saying height was in the bar earlier that day. Of the mass shootings and quote had to Jin's and he only had two beers in shot when he came back. I think he was at another bar while he was gone right there. Kind of leads me to think maybe she didn't over serve them. Maybe she thought that he was over served somewhere else. Or maybe she thought he was okay. If it was a long over a long period of time, according to the medical examiner Spencer had an alcohol alcohol level in his blood four times the state legals limit when he drove to his strange wife's home and fatally shot her and seven other people Spencer high with killed by the police when responding to the call and investigators say glass should not have no should have known to not serve height. And police did say that glass did follow height to the home and called nine one one before leaving. But not soon enough. So she did actually alert the thirties. But according to an affidavit an agent with the Texas alcohol beverage commission said glass was trained and certified to identify and avoid the sale of alcohol to intoxicated customers, the affidavit states that gloss completed certifications approved by the Texaco hall beverage commission and glasses attorney was very critical of the charge. I agree. And I think it's it's well let me let me continue with this. And I'm going to we might have to take this up on the second or the other part of the break too. But right away. I'm not feeling great about this. Personally. I think that this guy went and did certain acts, and he was the one who is responsible for him. Can we? Definitively say that the alcohol was served motivated him or gave him the courage or made him do these terrible acts. Now, she the caveat to this too. Is that she knew him personally. And she she also sent a a picture, I believe or mentioned to her friend, the bartender that he was spinning knife on the bar, which would lead you to think that maybe he's a little unstable. Maybe he's not in the right frame of mind. And yes, she's at fault for serving him. The problem is those that does it really go to the fact or does it rise to the level of well, he's going to go kill people. Obviously, she didn't think that there's no way she could have thought that unless you really knew then that's a whole different charge because that'd be kind of like an accessory or something like that. But in this sense. Did she violate the the Texas alcohol board? Yeah. Probably, but should she be held liable for more than that? I don't know. I mean, she she didn't get sued civilly to by the family members, one eight hundred seven sixty and be winning hundred seven sixty five three six two. We have someone on Facebook. You said my feeling is that the bartender is responsible. They should use the available alcohol defectors and stop serving when person exceeds state limits, also take keys from the person. Well, he s and thank you for your comment, Donald Johnson. But I don't know about taking keys from a person you might have. And remember when these people are when you're going to cut them off these people are possibly intoxicated and people have lowered innovations and can be more aggressive when they're intoxicated so cutting someone off in general might be kind of a risky maneuver or some inherently risky thing because they might get aggressive taking their keys away. Oh, that's a whole nother story because then we're putting the responsibility of the bartender or the server or the manager of the. The establishment to prevent to to hold that person there. And there are ways that you know, when you have a company who don't want to if someone is stealing from a retail store, they have the ability to keep someone there until the police arrived while they do their investigation that is kind of put into the lobby really? Should we be asking our bartenders servers to do that too? I don't know that that seems like a little bit more on top of that more responsibility in an already not the best job. I've worked those jobs four two. I know what it's like to cut someone off. And it's it can be pretty uncomfortable. It can be pretty bad. So let's actually go to our last break, and we will pick this up on the other side. This is the lawyer in blue bluejeans show. We'll be back right after this. AM seven sixty talk and breaking news. Fifteen northbound.