I'm from out of state, so, maybe you guys can give me a helping hand.

A friend and I, recently, went to a casino on the border of Oklahoma. We started to have a few drinks. Not too much, just a couple of mixed drinks. After losing some cash my friend decided to hang out around the bar, as to not lose more money. We ordered two more drinks (one for each) and the bartender told us that she was told this would be our last drink. I thought that was ludicrous, since it was only our fourth that we had spread out over three hours, but I'm not an alcoholic, nor one to argue, so I took my seat at a blackjack table and decided this would be my last game.

When I returned to the bar (much richer!), my comrade looked quite upset. He relayed to me that "they" (security) had taken his drink away and returned him his money. He told me when he asked for a reason, they stated they couldn't serve alcohol to someone that was taking medication. He told them it was for his lupus and his back disease, and they replied with, "I don't like your tone. If you don't like the rules, there's the door."

I know my friend to be hostile at times, and we all know half the security guards are cocky, cowboy wannabes. So, I walked to the two security guards that he had spoken to and asked what the problem was. They were very cocky and not willing to listen, so it was extremely difficult for me to even ask a question. What I could get out of them was that it was against state law to serve alcohol to anyone that is taking medication. I stated that it was not in the category of any medication that he shouldn't be allowed alcohol with. The guard replied that they had no way of knowing this, and that they would be held liable.

My friend's medication is viable to him living. It doesn't affect his motor skills or logical thinking. It is not a medication that prohibits him from drinking nor operating a vehicle. I'm asking for help, because, for the life of me, I can't find this law, anywhere. Those of you that have more extensive knowledge of Oklahoma law, please respond. I understand that every bar/company reserves the right to cut you off from drinking and/or remove you from their property. What I do not understand is if it is against OK law to serve alcohol to those taking medication, specifically, in our circumstance.

As always, any help is greatly appreciated!

Thank you,
Kyle

I don't know much about law but am curious about the story. How did they even know he was on meds?

From what I am reading, it sounds like you and your friend were denied further drinks under the Dramshot rule. Dramshot is a law which says a bartender or other person serving alcoholic beverages must deny any further alcoholic beverages when they feel a patron has had to much to drink. Whether or not you have or even FEEL you have or have not is irrelevent. They must stop serving you when THEY feel it is too much.

Should they not follow this law, and you (or any customer of theirs) are involved in a traffic collision where it is found to be alcohol related, they (the establishment and server) are legally libel for all or part of the loss.

It is a good law. In fact, the most liberal state in the nation, Massacusettes (sp) had this law LONG befoe Oklahoma.

BTW. It does not matter if the establishment is on Indian land or Indian owned. It is still Oklahoma law.

Excellent info! There are folks out there who will sue the pants off a bartender for overserving them!

Well at least you and your friend didn't react like this guy:

Off Duty Police Officer Beats Up a Barmaid - NothingToxic.com

That has been done and the Dramshot rule has been upheld. As far as I am concerned, if they want to waste their money suing someone for their (the alcohol consumer) own stupidity, then let them.

I was going to be your hero, but my boss wants me to do some work.

Go to Mission then look under the Legal Documents link. All the rules are apparently covered in a mere 114 pages.

Thank you for the quick response, guys!

MrAnderson, I'm aware of the Dramshot law (although, I did not know the correct term and thank you for the information), but I stated, vaguely, that our bartender had been informed by security to not serve us again. She mentioned that it was not at her discretion and would have no problem serving us, again, had this not been the case. She may have just been being nice.

I stated in my post that I understand that a bar has the right to stop serving you or even remove you from the property at any time. If I/we had been told that the reason was because we appeared intoxicated, then we would have been fine with that, as neither one of us are alcoholics. This was not the case. The words out of the security officer's mouth was in regards to an Oklahoma state law that prohibits the sell of alcohol to any person taking prescription medication. I am asking if anyone knows if this is a law.

In response to the question of how they knew he was on medication: well, he has to take his medication at a certain time everyday, so, he did. They were in a prescription bottle, with his name, legal, etc.

I see ANDERSON has been reading his Lawyering for Dummies book.

Actually, you mean DRAMSHOP/DRAM SHOP not DRAM SHOT. I know, I know, you can occassionally find it referred to as Dram Shot, but it is in fact Dramshop/Dram shop.

Dram shop was a common term for a tavern in the past.

The law actually doesn't really address service so much as liability. It addresses who is liable should a drunk person be involved in an accident that hurts them, a passenger or someone else or causes damage - the patron or the bartender. In most states the bartender will be found guilty is it can be proven they knoew or should have known the patron was intoxicated.

Any help, guys?

This is what NE Oasis was referring to.. he's right 113 pages:

http://www.able.state.ok.us/Rules_Re...egulations.pdf

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" You've Been Thunder Struck ! "

I can't find anything about prescription medication in that entire document. I'm guessing this isn't a law and we were just lied to by some ignorant lowly guard. I'm definitely not out to sue or anything, but information is always valuable.

If somebody sees something I don't, please point it out. I have had a long day, after all. Thank you for the links NE Oasis and Karried.

Believe it or not, I looked also ( through 113 pages) because I am intrigued .. I started thinking, if I'm sitting at a bar and have to take a pill for something and the meds aren't conflicting with alcohol consumption, then who is the bartender to tell me I can't have a drink?

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" You've Been Thunder Struck ! "

Thank you, Karried. My girlfriend, also, pointed something out. She takes birth control pills. Does that mean she can't drink? When I'm in the casino, it seems like 85% of the population in there is a senior citizen. Are you telling me that none of those people are taking medication, even if it's in the casino?

My friend really thinks it was discrimination based on our age, but I would not like to believe this.

I'm still researching and looking for anyone with more knowledge.

It's not state law, just server discretion. If it was a law the bars would be empty - imagine how many people are on "prescription medication."

But, to be safe I called ABLE and they confirmed there is no 'law.'

Sounds like an overprotective bartender to me. However, I would not recommend a person to be seen taking anything that resembles a pill while enjoying drinks at a bar - just asking for problems IMO.

Kyle, what is the name of the casino...

At the very least, I would contact the manager and scare him with a discrimination lawsuit against a 'medically challenged' individual.

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" You've Been Thunder Struck ! "

If security is the one who asked you not be served, then they are the ones who tought you had enough. They also fall under Dramshot. (in a way, they were acting as a bouncer) It makes no difference if it was alcohol or not. If they suspect it may be to much, they have not only the right, but the duty to stop you. The bartender may have had a different opinion, however, someone else who was employed there made the decision, so, legally, they were right, no matter what.

We are discussing the validity of a law that probably doesn't exist.

So, the janitor walks by, sees you at the bar popping a pill and takes your drink away.. legally he has that right as an employee?

"They are right no matter what?" ??????????

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" You've Been Thunder Struck ! "

I said NOTHING about "popping a pill." I SAID the perception of consuming to much alcohol.

And if you think Dramshot does not exist, then I suggest you consult your attorney because he or she can tell you it does.

Thank you for checking, BailJumper. It would be a ludicrous law, but I don't live in Oklahoma, so, I don't know. Once again, it wasn't the bartender, but security that denied us more drinks. He didn't realize that taking his LEGAL prescription medication from his LEGAL prescription bottle at the time of the day he is supposed to would be ILLEGAL. Is ABLE a reliable source?


MrAnderson, once again you have avoided my question and only looked for another reason they should have given us. I believe I thoroughly explained that I would have understood being denied more alcoholic beverages if it was explained to us that we appeared intoxicated. However, the security guards chose to tell us it was because he was taking prescription medication, which is against the law in Oklahoma. He never said we appeared intoxicated or anything of the sort. If it is not a law, which I'm coming closer to realizing it isn't, why did he feel the need to lie repeatedly to my face? I thank you for your help, MrAnderson, but, please re-read my previous posts, so that you do not miss the question, again. I'm sorry if this response comes off as rude.


Karried, it was Comanche Red River Casino. I live in Texas, so, I go there every once and a while. I don't plan on threatening any kind of lawsuit, as that is just silly. As soon as I find out that there is definitely no type of law, I'll talk to the manager about the situation, but there's no reason to act antagonistic.

"But, to be safe I called ABLE and they confirmed there is no 'law.'"

Be my guest. And when you find out Ole' Mr. Anderson is once again correct, I would appreciate credit for that. When you call, just ask them to explain Dramshot.

I Do need to correct myself on one thing. I always thought it was pronounced dramshoT, it is actually dramSHOP. Just so you will know ole' Mr. Anderson knows what he is writing about, here is a link that prooves this law exisits.

Dramshop Acts: Information from Answers.com

Chalk up another one to Mr. Anderson.

Yes, I guess you are right..

It just bothers me to think someone with a medical condition such as lupus would be discriminated against.

That is why I would contact management and suggest a little sensitivity training .. if he is not receptive to that, well then, sometimes you have to use a little more persuasion..

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" You've Been Thunder Struck ! "

Mr. A

NO one said there was never such a law.. God can you read the WHOLE post??

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"You can't fix stupid it's foreverrrrrrrrr!!" Ron White

Okay, it is really, really weird ( and quite sad) that you are referring to yourself in third person .. please stop it.

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" You've Been Thunder Struck ! "

I believe you've miscounted....once again.

Not one person denied the Dramshot existed. The question is/was, whether or not a law against being cutoff for prescription medication existed, because that is the reason security gave. This question HAS been answered with a call to the ABLE commission and confirmed that no such law exists.

So, actually by not addressing the appropriate question, your commentary is flat out wrong.....once again.

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Facts can change opinions, opinions cannot change facts.