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View Full Version : Saying "That's Enough" is not Bar's Job



NewsHound
06-28-2008, 09:46 PM
TAMPA — The family of a man who died after downing more than 20 vodka shots at a Seffner bikini bar may have a tough battle ahead if they pursue a legal case.

Criminal or civil penalties in such cases are rare in the Sunshine State. Florida is one of only three states that do not have a dram shop law, which forbids bartenders from serving intoxicated people. The state places much of the responsibility on the customer, legal experts say.

In this case, that customer was Eric Morris, a 26-year-old bouncer at Angels Showbar who died after taking shots of cherry-flavored vodka at the club.

"The family is in fact — and the legal institution is — pretty much kneecapped as far as what can happen," said Don Murray, head of Florida's chapter of the advocacy group Mothers Against Drunk Driving. "Now, apparently, you can legally drink until you're dead."

Murray and others have lobbied the Legislature for changes in the state's laws that would shift more responsibility to bars and bartenders for ensuring that patrons don't drink dangerously. So far, it's been a losing battle, he says, mainly because "Florida is the state where people pay to come and party."

A study published in 2002 by the Boston University School of Public Health found that nationwide more than 1,300 Americans die annually either as the direct result of alcohol poisoning or in incidents in which alcohol overdose was considered a contributing factor. The most current state statistics available show that from 2004 to 2006, accidental alcohol poisoning killed only one person in Hillsborough County.

Nevada and Vermont are the other states that do not impose liability on a bartender or a bar, said Stetson University College of Law professor Tim Kaye.

"Florida has taken the view that the duty is really on the drinker," he said.

The only restriction on bartenders in state law says bars must not serve someone who is habitually addicted to alcohol, he said.

Morris' sister has said he was a social drinker who sipped beer.

It was just after 5 p.m. Tuesday when Morris started taking shots at the bar off U.S. 92 after a friend challenged him to a drinking contest.

The bartender cut him off somewhere after 23 shots. Morris collapsed in the bar's champagne room and died at Brandon Regional Hospital.

His family members declined to comment about whether they plan to pursue a legal case, and the Hillsborough Sheriff's Office says it's still investigating the matter. Prosecutors declined to comment, and an autopsy report is not yet available.

Sheriff's officials have said that bars do not have a legal restriction on how much alcohol they can serve to customers. The agency has a voluntary program to teach safe serving practices, but sheriff's spokesman J.D. Callaway said it was unclear whether Angels Showbar took part.

State officials, too, said there was little chance the bar would face repercussions.

"There are no regulations within our jurisdiction that pertain to the tragic incident at Angels Showbar," said Alexis Antonacci, spokeswoman for the Department of Business and Professional Regulation. The state's Division of Alcoholic Beverages and Tobacco falls within that department.

Antonacci said bars face consequences for underage drinking, for not paying taxes and for obtaining alcohol from someplace other than a distributor, but not for something like Morris' death.

Angels Showbar has been investigated five times in 2007 and 2008, Antonacci said. The bar's license was suspended from Jan. 25 to Jan. 28 for a "B-girl" violation, which means that female employees of the bar solicited patrons to purchase alcoholic drinks for them. The club also was fined $1,000. Four of the five investigations centered on similar complaints.

The most recent complaint was that the bar refilled liquor bottles with something other than what was printed on the label. On April 16, a state agent visited the bar and did not see any evidence to support that complaint, records show.

The news of Morris' death shocked other local bars.

At the Dubliner, a Hyde Park pub, employees participate in a program that deals with legal issues that surround serving alcohol, said owner Richard Campion. It's not required by the state, but it helps reduce insurance rates and protects the business' license, he said.

He couldn't believe any bar would serve a patron more than 20 shots of vodka.

"It's just odd to me that something like that could happen," he said.

Source (http://www.tampabay.com/news/publicsafety/crime/article648666.ece)

06-28-2008, 10:57 PM
Sad, Isn't it? You can thank the lobbyists and the legislature for the moronic laws on the books. A patron can literally drink himself to death, but heaven help you if you place a Bud Light beer tap on a Miller Lite keg.

06-29-2008, 02:58 PM
Stop complaining. You know what the job is. Political BS. Florida Legislatures couldn't pass a law if they wanted to. They are as stupid as ABT. A toothless tiger. A lot of roar but nothing to back it up. Research some other states and you will find out how an agency like ABT could run. Problem is ABT is in bed with the industry so they have a hard time penalizing those that they are sleeping with. It has always been this way and always will be. Nothing will ever change.

06-29-2008, 03:24 PM
And we should care about this because? Place the responsibility where it belongs.

06-29-2008, 04:52 PM
Hey Corky,
No one is complaining. Stating facts is not the same as complaining.

06-29-2008, 07:41 PM
And we should care about this because? Place the responsibility where it belongs.

Florida is one of three states without a dram shop law. I would say that puts Florida in the minority - again. I agree that the guy drinking should be responsible for his own actions and the result of those actions, but there should be some incentive for the bar owner to act responsibly as well. Oh crap - I forgot - we have the Responsible Vendor Act....HAHAHAHAHAHAHAH. Funny stuff.

06-29-2008, 08:11 PM
OK, let's see if I have this right..........................so far we've shifted blame from the patron to the barkeep and now the Responsible Vendor cartel. Keep going and it might come down to you. Guess I'm just an insensitive, uncaring, cold and impassionate slug that's glad this guy didn't get into a car a kill my teenage granddaughter

06-29-2008, 08:44 PM
OK, let's see if I have this right..........................so far we've shifted blame from the patron to the barkeep and now the Responsible Vendor cartel. Keep going and it might come down to you. Guess I'm just an insensitive, uncaring, cold and impassionate slug that's glad this guy didn't get into a car a kill my teenage granddaughter

I don't think anyone has "shifted blame," as you indicate in your post. I do think all are in agreement that acting responsibly is everyone's business. We should "PARTNER" with civic minded groups and coalitions. We should partner with the industry and the public to make Florida a safer place for your grand daughter and everyone else. You see my friend, by "partnering" with like minded groups and organizations we can accomplish much to the benefit of all. Please feel free to use this in your Executive Summary next week.

06-30-2008, 01:44 AM
I have to say, it is about time people on this website started having substantive conversations and debates about issues that matter than was was going on here before. Personally, if the dumb ass got drunk and died, well then there is one less idiot in the world. I am just glad people are no longer bashing each other to the degree we all saw here on this site before.

06-30-2008, 01:42 PM
OK, let's see if I have this right..........................so far we've shifted blame from the patron to the barkeep and now the Responsible Vendor cartel. Keep going and it might come down to you. Guess I'm just an insensitive, uncaring, cold and impassionate slug that's glad this guy didn't get into a car a kill my teenage granddaughter

I don't think anyone has "shifted blame," as you indicate in your post. I do think all are in agreement that acting responsibly is everyone's business. We should "PARTNER" with civic minded groups and coalitions. We should partner with the industry and the public to make Florida a safer place for your grand daughter and everyone else. You see my friend, by "partnering" with like minded groups and organizations we can accomplish much to the benefit of all. Please feel free to use this in your Executive Summary next week.

You know, you sound like a really reasonable and compassionate person. You would make a good diplomat, however, it's hard for me to accept your analysis of what amounts (in my feeble mind) to a nanny state of affairs when it becomes everybody else's responsibility to ensure the saftey of others. Whatever happened to individuals being responsible for their own behavior and paying the consequences when their irresponsibility results in injury to others or themselves? All of this seems to have been lost with the "me generation" mindset of no blame, no responsibility, no problem. Don't worry, it's someone else's problem. Perhaps a good example would be when was the last time that you remember someone in this agency being held responsible for a legitimate dereliction? Also, Executive Summary? You obviously confuse me with another.

07-01-2008, 02:00 AM
Hey Corky,
No one is complaining. Stating facts is not the same as complaining.

Reputation is what other people know about you. Honor is what you know about yourself.

Lois McMaster Bujold,

Corky