Chicagoist: In Retrospect, the 7th Lunchtime Lemon Martini was a Terrible Idea

Cletus Warhol

Tue, 05 Jun 2007 16:08:37 -0600

Yes, it's possible for a bartender to monitor the alcohol intake of customers; provided they are sitting at the bar, all their drinks are being ordered from the same bartender, and it's slow enough to have time to pay attention to that sort of thing instead of just cranking out more drinks. But in a busy suburban restaurant/bar with several waitresses and multiple bartenders? No freaking way. The idea that the Kona Grill is responsible for her stupidity (and the stupidity of coworkers who allowed her to drive in that state) is beyond ridiculous. Sure, if she had been stumbling around into things and/or horribly slurring her speech and they continued to serve her knowing with absolute certainty that she was going to be driving, then yeah, they would be liable. Or if it were a pack of 21 year olds all pounding mass quantities of shots with no apparent designated driver that were served all night. But a bunch of State's Attorneys sitting around drinking after work? Puhleese! If there ever was a group where the expectation of social responsibility was a given, that would be it. "Should we cut off those States Attorneys sitting over there?" is not a phrase you're going to hear very often. In fact, just about any group of professional looking adults who are not visibly shitfaced are going to get served as much as they want because the staff knows the hissy fits and hassles that will ensue if they dare to cut them off. That is the grand hypocrisy of our society that all bartenders and waitresses must deal with, the fact that everyone wants another drink and will bitch to high heaven if they aren't served; but will always blame the bar when they fuck up. "I was overserved" or some similar bullshit cop out (How bartenders loath that phrase!). It's at the back of every bar employee's head after every busy shift, "Am I going to get sued for the actions of some person who I may not have even seen all night?" Basically the DuPage County prosecutor's office is who should be sued (if anyone), but the lawyer for the plaintiff knows their career would be screwed for all eternity if they tried that, so it becomes time to play "Blame The Bartender."

Tue, 05 Jun 2007 16:06:50 -0600

I have to agree with K. I would consider myself a "seasoned" drinker, and have easily ordered more than 8 drinks from a bartender without appearing legally intoxicated. Now, if they can establish the bartender was aware Radostits was intoxicated and driving--and he/she kept serving and/or never offered to call her a cab--I think the victim has every right to collect from the bar.

MJK

Tue, 05 Jun 2007 15:15:08 -0600

Just keep in mind folks, alcohol, automobiles, and drinking and driving kill more people than guns many times over. Where's the discussion for that (in general, not here)?

K

Tue, 05 Jun 2007 14:53:59 -0600

Not making any guesses one way or another about Radostits, but speaking in general- it's very obvious when the average weekend drinker is overserved. The seasoned drinker? MUCH better at hiding it. This is why I have such a hard time with laws like this. Lots of people who have no business getting behind the wheel of a car are VERY good at behaving normally and keeping the drinks coming.

ross

Tue, 05 Jun 2007 14:16:30 -0600

It's her fault and no one else. When you are an adult you have to make your own decisions. I would bet she drove drunk regularly. Hes co workers didn't seem to realize she was too drunk they drove her back to the state car so they should be sueing the state if anyone at all. The bar should not be liable. Birkett knows most of his staff are heavy drinks as does Devine. You gotto know what bars they go to but they get wasted.

DaveH

Tue, 05 Jun 2007 13:18:42 -0600

When I was bartending we were required to keep track of alcohol intake and make an educated guess when they had too much to drink (we also had to retake the ServSafe certification test every 3 years - many of the restaurants required a passing score to work there). Legally, a bartender is not allowed to serve to the point of intoxication. There are plenty of signs to look for and this should have been obvious to the bartender. Now, do bartenders really stop serving right before you are legally drunk, yeah right. But many of them know that they can be held accountable for something like this.

Jen

Tue, 05 Jun 2007 13:09:59 -0600

Her B.A.C. was 0.25? How strong were those martinis? Assuming she was a small woman weighing about 120 lbs, that's like 8 shots in an hour.

navin

Tue, 05 Jun 2007 12:28:55 -0600

If I ever get pulled over for drinking and driving: "But officer the bartender kept serving me. The auto company made the car that I decided I had to drive. The seat belt's uncomfortable. I like to drive extremely fast. The cell phone company sold me this phone, how could I not talk on it while driving recklessly? Clearly this is the restaurant's fault.

Bill V

Tue, 05 Jun 2007 12:26:37 -0600

I don't really see how you can blame the establishment. Drinking is a personal decision. She knew she was driving, she should have just one or two (on none!). How can the waitstaff serve food and drinks to many tables that are always changing, then also be responsible for those that may be drunk (and there's no law about being drunk)? How would the restaurant know that she would be driving?

ross

Tue, 05 Jun 2007 11:37:21 -0600

I think is fitting that she busted drunk drivers but herself thought it was ok to drink and drive because she was the law. Just like all the cops that drink and drive because they can get away with it. I am sure it is well known in the Prosecutors Office they all drink and drive.

matty

Tue, 05 Jun 2007 11:20:12 -0600

One thing that confuses me about suburban bars is that EVERYONE is driving home. I mean, couldn't a cop just wait outside and nab everyone?

Jeff

Tue, 05 Jun 2007 11:18:42 -0600

Off topic, but does anyone know the font that reads "Martini Bar" in the attached image? Thanks.