Slandered in public

[EdKam]

What is the name of your state? Virginia
Recently (last Saturday) a fellow member and a distinguished Army Veteran was refused admittance to O'Tooles/pub/pool room in Centreville Virginia because management (two young morons) felt he was inebriated. They did not like the way he walked. He has a limp as a result of an injury to one leg. He was not intoxicated and does not even drink alcohol due to medical conditions. This outrageous libelous claim is completely unfounded and not warranted. Is this actionable?

Is this how we treat people that have served this Country? Is this the way your son or daughter/brother or sister should be treated?

 

[john123456]

What is the name of your state? Virginia
Recently (last Saturday) a fellow member and a distinguished Army Veteran was refused admittance to O'Tooles/pub/pool room in Centreville Virginia because management (two young morons) felt he was inebriated. They did not like the way he walked. He has a limp as a result of an injury to one leg. He was not intoxicated and does not even drink alcohol due to medical conditions. This outrageous libelous claim is completely unfounded and not warranted. Is this actionable?

Is this how we treat people that have served this Country? Is this the way your son or daughter/brother or sister should be treated?

Please specify the monetary damage incurred by the "distinguished Army Veteran."

 

[EdKam]

Is defamation of character actionable? Can you put a price on public humiliation?

 

[john123456]

Is defamation of character actionable?
Yes, assuming you can establish all the elements, INCLUDING monetary damage.

 

[BelizeBreeze]

What is the name of your state? Virginia
Recently (last Saturday) a fellow member and a distinguished Army Veteran was refused admittance to O'Tooles/pub/pool room in Centreville Virginia because management (two young morons) felt he was inebriated. They did not like the way he walked. He has a limp as a result of an injury to one leg. He was not intoxicated and does not even drink alcohol due to medical conditions. This outrageous libelous claim is completely unfounded and not warranted. Is this actionable?

Is this how we treat people that have served this Country? Is this the way your son or daughter/brother or sister should be treated?

You have no case for defamation. A business is free to refuse service to anyone they reasonable believe to be impaired by drugs and/or alcohol.

 

[EdKam]

I know you need not be told what to do with that finger problem. I have an affinity with some fingers but I think I will pass on yours. However, I do appreciate the offer.
Now, false accusations that defame, humiliate any individual are actionable. Are not shop keepers scared to death of falsely accusing a person of theft? Have not courts ruled against stores for defamation and humiliation? I think so.
A false (unwarranted accusation) is actionable. In this case, does this business accuse ever handicapped person who may limp of being intoxicated? If they do not, then it is a violation of human rights.
Police do not arrest drivers they "think" may be intoxicated. I wonder why that is?

 

[panzertanker]

I know you need not be told what to do with that finger problem. I have an affinity with some fingers but I think I will pass on yours. However, I do appreciate the offer.
Now, false accusations that defame, humiliate any individual are actionable. Are not shop keepers scared to death of falsely accusing a person of theft? Have not courts ruled against stores for defamation and humiliation? I think so.
A false (unwarranted accusation) is actionable. In this case, does this business accuse ever handicapped person who may limp of being intoxicated? If they do not, then it is a violation of human rights.
Police do not arrest drivers they "think" may be intoxicated. I wonder why that is?

No one disagreed with you. You were told your "friend" would have to PROVE His damages....
If that cannot be done, then he will have no case.
It is a far cry from refusing to serve a possibly intoxicated individual to aid in public safety, to calling it a human rights violation....
Me thinks you are too close to this situation and will not listen to reason anyway, but we tried.

 

[rmet4nzkx]

There is no case for several reasons.
First the owner of the establishment has a right and even a duty to turn away those who appear intoxicated. They can be sued if they serve to someone who is already under the influence and or becomes intoxicated and they are involved in an injury. In this case, even if the person was not planning on consuming alcohol, that is the usual purpose of entering a BAR and even if all they drank was soda, another patron, might, due to this person's impaired balance accidentially cause injury by bumping into them, thus the bar would be liable for damages. There is no cause of action for defamation or slander because the person due to their disability, presents with the signs of impairment, in this case the impairment is neurological and thus can be denied access because of the acknowledged impairment.

People need to understand that DUI/DWI depending on the state, includes impairment of all sorts, alcohol, medication, illegal substances, sleep depravation and in some instances, neurological impairment.

Most likely, there is more to this story, perhaps attitude? How did they react when approached by the establishments security? Did they call him names and deny access because he was disabled? Then he might have a civil rights action? BTW, you called the security morons, so you could be sued for defamation!

 

[seniorjudge]

What is the name of your state? Virginia
Recently (last Saturday) a fellow member and a distinguished Army Veteran was refused admittance to O'Tooles/pub/pool room in Centreville Virginia because management (two young morons) felt he was inebriated. They did not like the way he walked. He has a limp as a result of an injury to one leg. He was not intoxicated and does not even drink alcohol due to medical conditions. This outrageous libelous claim is completely unfounded and not warranted. Is this actionable?

Is this how we treat people that have served this Country? Is this the way your son or daughter/brother or sister should be treated? .

If you do not want me coming in your place of business (except for "protected" reasons), then you do not have to let me in.

Expression of an opinion such as "You are drunk" is not defamatory.

 

[stephenk]

since you posted that you were the only other person with your friend, how has his reputation been affected? You don't believe he was drunk, so the bouncers claim that he was drunk has no value.

The fact that some strangers passing by may have heard the exchange is worthless since the strangers don't know your friend.

 

[forumguest]

OH! And why do you insist on mentioning your cousin? Who cares what he does? What does it have to do with this thread?

My great,ect..........grandpa was President Lincoln, and I would bet my ice cream cone that he could beat up your cousin.

I am a pacifist liberal that has concern for the civil rights issues. I was just thinking to myself that my cousin used to be a professor at West Point and that he has now just finished law school. I never even met him but perhaps if I did meet him perhaps he might want to be the lawyer in court for the person that might have a ADA claim against the Pool room.

If I was a lawyer I would file a ADA claim.

 

[rmet4nzkx]

Thank you Mary