I've Been Refused Service Because of Epilepsy

[Elaine H]

Hi Guys Lots of new names on here, that's great to see! Here in the UK there is a huge chain of pub/eaterie/Wine Bar called Wetherspoons, where I live my local bar is a Wetherspoons and I've been a local in there since 1999, me and my Epilepsy, all the guys and gals in there are aware of my condition and look after me should the rare occasion arise and I have a Complex Partial Seizure. I was in there yesterday, and I had an Atonic Seizure AKA Drop Attack, I fell to the floor, I have no memory of it, but I was well looked after, and we all carried on chatting. However, when I walked up to the bar to get served, the manager refused to serve me, saying that if I had a second glass of wine, I may collapse again! I tried to explain to him that it was epilepsy, none of his business what I did or didn't drink, and that I very very rarely collapse! I was wasting my breath, and I ended up leaving, very upset and angry! I just wondered what you thought, and if anyone had ever had the same or similar experience? Again, the taboo's that exist with epilepsy rear their ugly head, and I wonder what he'd have said if it had been a Diabetic Coma?? I am writing to the company to complain, appreciate your feedback folks? Luv Lainey X

 

[Cint]

Hi Lainey,

Sorry to hear that E has reared it's ugly head again. Glad that you are ok, tho. In touchy situations like this, I would side with the manager if he wasn't aware of your health history. He didn't want to be held accountable in case you happened to fall again and sustain an injury. After all, he's the one who is in charge if anything bad happens in that place. He was just doing his job.

 

[Rae1889]

if it had been a diabetic coma, you would not have gotten back up. and if you had, you would be in need of an ER asap. you are comparing apples to oranges there.

Although it sucks, he may have thought you were using epilepsy as an excuse, even though he may have thought you were actually drunk. in which case, he is legally obligated to stop serving you alcohol if he believes you have had to much to drink. If out of the atonic you were slurring (like I do after a seizure) he may have just assumed you were hammered and were using your epilepsy as a way to get another drink.

I think it sucks that you were refused service, but at the same time, he needs to watch out for himself too so he does not get fired. I think this may be one of those interpretation issues.

 

[CathyAnn31]

if it had been a diabetic coma, you would not have gotten back up. and if you had, you would be in need of an ER asap. you are comparing apples to oranges there.

Although it sucks, he may have thought you were using epilepsy as an excuse, even though he may have thought you were actually drunk. in which case, he is legally obligated to stop serving you alcohol if he believes you have had to much to drink. If out of the atonic you were slurring (like I do after a seizure) he may have just assumed you were hammered and were using your epilepsy as a way to get another drink.

I think it sucks that you were refused service, but at the same time, he needs to watch out for himself too so he does not get fired. I think this may be one of those interpretation issues.

I agree with Rae and Cint. It sucks about what happened, but he's running a business and has to cover his azz.

 

[Loopy Lou]

There's nothing in the licensing laws that says he has to take responsibility for someone else's health problems, so unless he had a tangible reason to believe that you were already intoxicated there's no reason why he couldn't have served you another drink.

I'd have been pretty annoyed too, i've been refused a drink before because i've been believed to be intoxicated either on alcohol or drugs when i wasn't.

 

[jyearta]

I think he was doing his job. That doesn't make you feel better I know.

 

[Bernard]

Here in the USA, if you were the pub/bar owner and you had a customer that fell and injured themself, you would have a liability headache on your hands (ie. you could be sued in court and your insurance company could hike your rates). Doesn't really matter why the customer fell. The smart (or risk averse) owner is going to refuse service to the high risk customer every time.

I'm guessing the folks in your pub/bar were happy to accomodate you until you presented a liability risk for them. Sounds like they were erring on the side of caution.

 

[Loopy Lou]

Nah it's different over here. If you fall over in a bar it's your own fault unless there's an obvious health and safety contravention eg leaving a mop and bucket out which someone trips over.

 

[Fedup]

Elaine H

That I am afraid is the way managers work or should I say are told to work in these premises owned by company's, writing to the company is a good idea but you need to be precise. it would be no harm mentioning the bad publicity and reputation which would result from being found to discriminate.

 

[Chelsea]

Here in the USA, if you were the pub/bar owner and you had a customer that fell and injured themself, you would have a liability headache on your hands (ie. you could be sued in court and your insurance company could hike your rates). Doesn't really matter why the customer fell. The smart (or risk averse) owner is going to refuse service to the high risk customer every time.

I'm guessing the folks in your pub/bar were happy to accomodate you until you presented a liability risk for them. Sounds like they were erring on the side of caution.

I agree; there is some thing in tort law (in the U.S.) called tavern liability. The statute goes some thing like this: If I have reason to believe that a patron is drunk/tipsy, by law, I am obligated to stop serving the individual. I don't know what they do in Europe...is there a similar law that you can look up? It would be neat to do an international law comparison of tortious liability.

On the flip side, some complex partial seizures/atonic seizures give a run-of-the mill, ignorant person the impression that the person with epilepsy is drunk or compromised.

My friends live in East Dunmore; how far are you from there?

Hope you have a better day!

 

[Chelsea]

Lainey H, Actually, something happened to me at work, along the same managerial line. I posted a petition on change.org at the following address:

https://www.change.org/petitions/ma...epilepsy-discrimination-in-florida-workplaces

You are welcome to sign; also, you can outline and post your own petition to ensure that it doesn't happen again at another Wetherspoons! I would delighted to sign and to back up your claim against the company--it may lead to significant business loss for the company (they may think twice before discrimination of any sort).

Have a blessed weekend!

Chels.

 

[acpollard2010]

One thing were missing here she says she is pretty much a regular so he should have had no reason to tell her no I know here in the states there is liability issues but from the posts I see above not the case over there and she seems to not have problems with drinks like some of us do.so I would do the same.

 

[Havok]

Sad but true

.................
On the flip side, some complex partial seizures/atonic seizures give a run-of-the mill, ignorant person the impression that the person with epilepsy is drunk or compromised.
...................

Bit of a tangent, but after my worst clonic-tonic my girlfriend called an ambulance and police came because I was incoherent and angry. The police insisted that I was on drugs because I didn't smell of alcohol and I was waaaay out of it, even though they were told I just had a seizure. It's sad that this thing happens in so many situations. I'm just glad I live with my girlfriend and not a roommate. I probably would have went to jail rather than the ER.

 

[Chelsea]

Bit of a tangent, but after my worst clonic-tonic my girlfriend called an ambulance and police came because I was incoherent and angry. The police insisted that I was on drugs because I didn't smell of alcohol and I was waaaay out of it, even though they were told I just had a seizure. It's sad that this thing happens in so many situations. I'm just glad I live with my girlfriend and not a roommate. I probably would have went to jail rather than the ER.

Havok, that's awful--both the seizure and the response. It's a common misconception. There are some great educational materials on these societal issues that portray persons with diabetes and E who are incoherent and are mistaken for being 'high' or 'drunk'. Good Samaritans and bystanders should always look for a med ID or some form of identification before assuming the worst. I am in the process of getting one issued by the sheriff's office, so that if the police are ever called, that I don't have that same problem. EMT's are a little more forgiving than the police department!

The Epilepsy Foundation of American Legal Defense Fund took on a case where a person with E was 'brought down' by police after a struggle ensued because he was confused and angry (same as you) after just having a seizure.

Have a blessed day, Chels.

 

[Cint]

Bit of a tangent, but after my worst clonic-tonic my girlfriend called an ambulance and police came because I was incoherent and angry. The police insisted that I was on drugs because I didn't smell of alcohol and I was waaaay out of it, even though they were told I just had a seizure. It's sad that this thing happens in so many situations.

I've had similar things happen when I had TC's. The 1st one I had I was still living at home and my father said I attacked him & my mother. When the police arrived, I lunged after them. They asked my parents if I was mentally disabled or on drugs. My parents were appalled that the police would ask such a thing. Years later, I had another TC in a public park and later I was told that I almost slapped the police during my post-ictal stage. He restrained me. Fortunately, I lived in a small community at the time and they had seen me before, so they knew of my condition and didn't haul me off to jail.

This why we need to educate, educate, educate the so-called officials about E!

 

[Dolores]

EMT's are a little more forgiving than the police department!

That has definitely not been my experience.
I had a gran mal seizure (I was alone) and afterwards my brain was in the "Oh damn just had a seizure - I want to talk but can't recall the words - need to tell these people what happened" general postictal fog. The one thing my brain kept telling me was "walk so I can get clear". When I tried to say this, the EMTs all looked at me like I was crazy. Luckily a young policeman came over and listened to me. He walked with me and my head started to clear.
Then I heard the EMTs say I was on drugs!

Yes I am - Dilantin & Phenobarbital because I have epilepsy!!!

I'll never forget the kindness of that young policeman and the arrogance of those EMTs.

 

[Cint]

Havok,( It's a common misconception. There are some great educational materials on these societal issues that portray persons with diabetes and E who are incoherent and are mistaken for being 'high' or 'drunk'. Good Samaritans and bystanders should always look for a med ID or some form of identification before assuming the worst. I am in the process of getting one issued by the sheriff's office, so that if the police are ever called, that I don't have that same problem. EMT's are a little more forgiving than the police department!

True, there are great educational materials out there, but a Good Samaritan may not know enough in a panic situation to look for a Medic Alert. I've worn a bracelet for years and unless I've mentioned it to my friends, not everyone will know what to do. They will have to know what to look for first. BTW, I also have diabetes.