Is it legal deny serving alcohol to someone with a disability at a restaurant or bar?

Question

I went to a restaurant yesterday and my friend was denied a drink because she only had a state issued photo id not a driver's license. They are both issued by the DMV and look basically the same and contain the same information including date of birth.

I asked the waitress about someone with a disability lets say blind who can't drive. She said they had asked corporate (it is a chain restaurant) and they said drinking is a privilege not a right just like driving. It doesn’t seem right to say we will never serve anyone with a disability that prevents them from getting a drivers license to drink. I am pretty sure this violates Act III of the Americans with Disabilities Act.

Does anyone have any information on the legality of this? BTW I live in Illinois if that makes a difference.

Answer 1

A state issued photo ID should have been accepted.  Either your waitress or her corporate headquarters were wrong. You should contact her company directly and ask what their policy is.

Answer 2

Pretty much every state reserves the right to deny service to anyone without an approved state ID. I think that is where the problem lies. Your friend needs to talk to the DMV about getting their ID upgraded.

Answer 3

any server can deny some one service as long as it is legit. to deny service because of a disability is discrimination. if you are ever denied again ask to see the manager so they can clear up the issue. regardless of any ID you can still be turned down by a server.

Answer 4

Because servers have liability, they have the right to refuse to serve.  However, I agree with you that this policy is c**p.  Call the corporate office and complain.  Never patronize that place again, and bad-mouth them to whomever will listen.  I certainly hope you didn't leave a tip.

No one I know will patronize a chain called Olive Garden, because the local restaurant refused to serve my friend's family.  Simply because her fourteen-year-old son was dressed in black and wearing earrings.  They may have the right to refuse service, but you have the right to leave and spend your hard-earned cash somewhere else.

Answer 5

i think all bartenders have the right to not serve you but they still do not have the right to descriminate.  i feel a lawsuit.

Answer 6

I agree with the above poster. It might be a valid ID as far as the state is concerned BUT not an APPROVED ID as far as the restaurant was concerned.