Queens Tribune
 
....January 19, 1:38 AM
 
 
   
Lessons In Libations - Servers, Bars Help Fight Against DWIs

Dempsey’s in Bayside may be busy, but the staff keeps alert to intoxicated customers. Tribune photos by Melanie Fidler

By THERESA JUVA

In the month since two aides were involved in a car accident on the night of a holiday party thrown by U.S. Rep. Joe Crowley (D-Jackson Heights), questions have surfaced about who can be held responsible, besides the driver, when an accident occurs and alcohol is involved.

According to the criminal complaint released by the Queens DA’s office, Eileen Gillespie, a long-time Crowley staffer, was charged with vehicular manslaughter and driving while intoxicated after driving the wrong way on a one way street near the intersection of 69th Street and 35th Avenue in Jackson Heights and slamming into a parked pickup truck. The passenger, Peggy Bartichek, died from blunt trauma to the chest. Gillespie admitted to drinking two or three glasses of wine, the complaint said.

At Sapori D’ Ischia on 37th Avenue in Woodside where the holiday party was held on Dec. 19, manager Roberto DeCian said the Crowley party showed up around 8 p.m. The 25 guests ate dinner and the servers poured one glass of wine for each person, he said. The party broke up around 9:30 p.m., and, according to the DA’s criminal complaint, the accident didn’t occur until around 11:30 p.m.



Who Can Be Liable?

Besides the driver, restaurants or bars can also be held responsible in a drunken driving accident, if it can be proven in court that the establishment served a visibly intoxicated person.

Under the state’s Dram Shop laws, named after an old term for liquor stores, drinking establishments can be held liable in a civil case if they served a minor or served an inebriated patron. This means that if a person is seriously injured or killed as the result of someone driving drunk or otherwise behaving violently, the victim, or the victim’s family, can sue the bar or restaurant.

Bert Nisonoff, a DWI defense attorney in Forest Hills, said Dram Shop laws are commonly used when a defendant’s insurance cannot cover all the accident damages when there are serious injuries.

“(If) the driver of the car only has $50,000 in insurance, it’s not enough to compensate for a leg,” he said. “What they do is they try to bring in Dram shop owner who has additional insurance.”

Todd Greenberg, a personal injury lawyer in Forest Hills who has represented bars that have been sued, said these cases are hard to prove because of the variety of factors that contribute to a drunk driving accident: if the person was already drunk when they arrived at the bar or whether the bar served the specific person accused of drunk driving. There is also the ambiguous definition of what “visibly intoxicated” means.



Booze School

The New York State Liquor Authority provides training programs that teach bar and restaurant employees how to identify intoxicated patrons and intervene when they have reached their limit. Although these training programs are not mandated by law, training courses like ATAP, the Alcohol Training Awareness Program, and TIPS, Training for Intervention Procedures, are recognized by New York State as legitimate courses.

New York State authorized courses can be used as a defense in a civil case, meaning that if a bar or restaurant is sued for damages stemming from a DWI accident, showing that employees attended a course can remove the blame, said Bill Crowley, spokesperson for the New York State Liquor Authority.

Training courses like TIPS are divided into three parts where servers learn about blood alcohol content, how to judge intoxication levels and most importantly, how to intervene if patrons want to keep drinking past their limits. The course ends with practicing hypothetical scenarios and a certification exam. Trevor Estelle, director of sales and marketing for TIPS, said there are 467 TIPS trainers in New York State and about 200,000 people who are currently TIPS certified.

Besides just statistics on the program’s reach, Estelle said there are concrete examples of the program’s ability to curb drunk driving, and used a town in Massachusetts as an example.

“Police made over 60 DUI arrests; instead of shortening serving hours, as an alternative, retailers did TIPS training,” Estelle said. “As a result, (DUI) arrests dropped 50 percent the following year.”

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A typical Saturday night at Lucky’s on Bell Boulevard.

Not Clear Cut

But even with training courses, establishments selling alcohol are not immediately exonerated if an accident occurs. An incident after a New York Giants football game in 1999 is perhaps the most notable case that deals with Dram shop laws.

Daniel Lanzaro guzzled beer during the game at Giants Stadium before driving home and crashing into the Verni family, who was on its way home from pumpkin picking; 2-year-old Antonia Verni was paralyzed from the neck down.

Aramark, the company in charge of concessions at Giant Stadium (and also Shea Stadium), was initially hit with the $135 million verdict after a jury found that the beer vendor at the stadium had violated the two-beer-maximum policy and also continued to serve Lanzaro when he was already intoxicated. Last August, however, that verdict was overturned by a judge who ruled that testimony about the stadium’s bacchanalian atmosphere was inadmissible, news reports said.

Even with an overturned verdict, the case jolted the concessions industry and brought new attention to the alcohol server training programs, like TEAM – Techniques for Effective Alcohol Management – which provides stadium vendor training for all the major professional sports leagues.

Jill Pepper, TEAM’s executive director, said while the Verni case did not increase the volume of TEAM training, it provoked some stadiums to implement stricter enforcement of policies. At some stadiums, employees must sign an agreement before every game that states they are aware of alcohol serving policies. In 2000, TEAM, with the help of TIPS, took its program to the next level by adding an exam to its program as a way of documenting that employees not only attended the course, but retained the skills and information from it, Pepper said.



In Borough Bars

From the ballpark to the bars of Queens, questions surface about how well bartenders are trained at the local and small business level.

At Brian Dempsey’s on Bell Boulevard in Bayside, bartender Mariesa Stewart said she has been serving beers since her teen days in Ireland.

“It’s natural for me,” she said when asked about any formal training. While she said she doesn’t have to refuse patrons alcohol much because “Bell Boulevard is pretty tame,” not all nights end smoothly.

“I had a guy vomit on the bar,” she said as she scooped ice and poured drinks on a recent weeknight.

Across the street at Winnie Ranegans, Jennifer Koester went to a bartender school in Manhattan where she said she had training to identify an intoxicated patron and said she is aware of the bar’s potential liability if a patron drinks and drives.

“Sometimes you’re like, ‘Sorry I can’t serve you.’ Sometimes people get angry,” she said, which is why other methods also work.

“Everyone knows each other. It’s a matter of ‘can you talk to your friend?’” she said if a patron becomes disgruntled over her refusal to pour another.

Koester also said that abundance of transportation in the area—the Long Island Rail Road, multiple cab services and the bus—means that people usually do not drive to the bar and may even walk if they live in the neighborhood. She noted that accessible public transportation combined with frequent police patrols of the boulevard deter drunk driving.

Back at Dempsey’s, glasses clink together and bellowing laughs rise from the bar. A customer jokes with Stewart that when someone throws up on the bar she should make sure she doesn’t use a good rag to clean it.

He lets out a chuckle as Stewart races back and forth behind the bar, slapping down drinks and cracking open bottles of beer.

With the chatter and busyness of bar, she doesn’t hear him.

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