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Ryanh!!! Contact Me Asap!!! Hurry!!!!
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HighIntensity
Guest
booty call
Steroid_Virgin
New member
bump for assplorer
H
HighIntensity
Guest
my bad, hope alls well
keep this bumped. Ok? I am visiting his city. Here is the short story:
Any advice and input is welcome.
On Tuesday night, April 9th, 2002 I visited The New Order about 9PM to meet a friend, Billy Pope who had been waiting on me for a while since I was half an hour late. Upon arriving, Billy had yet to finish his drink and asked if I would wait until he finished. Since he had basically one swallow left, I decided to wait. The bartender came over and throwing a napkin in my face said "what are you drinking?" Since Billy Pope had just finished his drink and was shaking the bottle to show it was gone, I responded "I am not having anything right now, as we are about to leave."
Now around 10PM, Billy and I are returning to the New Order. Billy is outside using the phone while I go inside as I have a great need to urinate. On the way to the bathroom, I spot someone I have not seen in about 9 months and stop at his table to say hello. Since the urge to urinate has pretty much reached it's peaking point, I only say hello. The entire time spent here was about 10 seconds. I go to the restroom at which point the bartender follows me into the restroom, and says to me "Can you do me a favor?" I respond with "sure, what is it?" And he says "Leave." I am standing there in mid stream of urinating and he says again "you need to leave. right now." I am more than a little perplexed and I ask "is there a problem, did I do something wrong?" The response I got was "you are not drinking." So since this is going nowhere, I tell him - so I can finish urinating without him standing behind me spitting words at me, I tell him "I will see about getting a drink when I come out." So he leaves, upon leaving the restroom, everyone in the bar is staring at me and I am VERY uncomfortable about this because I have failed to see what I did wrong, so I just tell him " I think I will have that drink another night."
Now this is where the bartender really stepped over the line. He tells me "don't come back in here if you are not going to drink." I stop at the bar and say "well, you know, you can not force anyone to drink." His response was "well I will ban you from coming in here. All you do is come in here and mess with these men and never drink anything."
Now I would like to point out that I do not "mess with these men". I have a lover and we are both in a monogamous relationship and do not "mess" with other people. Also, just the night before, Monday April 8th, my lover - XXXXXXXX- and I were in the same bar with the same bar tender and XXXXXXX was buying drinks for he, I and another acquaintance.
So I just tell the bar tender " you are making a mistake here." His reply was "no I am not and I will call the police to arrest you." Now this is more than just a vague threat. I ask him "what are the charges going to be?" He tells me "I don't know, you tell me what they will charge you with." I just can not believe the lack of common sense he is displaying. I politely point out that the police can not arrest anyone for NOT drinking and he thens blurts out "well I will have you arrested for loitering. Because you are a homeless person." I am in disbelief right here. Everyone is looking at me. I say "WHAT?" and he responds again "you are a homeless person". I look at the person to my right and I ask "do I really look like a homeless person?", because to tell the truth, I was dressed well above proper attire codes. The man sitting on the stool had been watching the exchange with a slack jaw and he just shook his head and said "I don't think this is something I want to be involved with." So since it was apparent that there was no communicating with this bar tender because was being extremely confrontational and combative. Still standing there with his arms crossed and glaring at me.
I feel I was utterly discriminated against in the highest regards. This behaviour while not only was it unprofessional, it was abusive and humiliating. First of all, no bartender or anyone for that matter would follow a patron into the bathroom to have a confrontational exchange with them. Secondly, there is no law or rule that states someone MUST drink. I could have been someone's designated driver that night. Or I could have diabetes or caffienne reactions that ruled out sodas. Or the other scenario is that I had a look at such a sparse crowd and decided to just use the restroom and go home. I have been in this bar hundreds of times and I have never paid a cover charge which is in effect he was trying to force on me. And lastly, by announcing not once but twice that I was a homeless person, that is complete defamation of character.
After leaving the bar peacefully, rather than causing a scene, the person I had driven to the bar, Billy Pope who was still using his cell phone outside asked me why we were leaving. After telling him what had just occured, he then informed me that many people had been complaining of the same thing from this individual. I don't have a clue what history he has had with others, as I live in Ft. Lauderdale but came to town on Monday April 8th, 2002. I had only been here for two nights and this was the first time I have seen this individual.
SO SHOULD I GET A LAWYER AND SUE THIS MOTHERFUCKER OR WHAT?
Any advice and input is welcome.
On Tuesday night, April 9th, 2002 I visited The New Order about 9PM to meet a friend, Billy Pope who had been waiting on me for a while since I was half an hour late. Upon arriving, Billy had yet to finish his drink and asked if I would wait until he finished. Since he had basically one swallow left, I decided to wait. The bartender came over and throwing a napkin in my face said "what are you drinking?" Since Billy Pope had just finished his drink and was shaking the bottle to show it was gone, I responded "I am not having anything right now, as we are about to leave."
Now around 10PM, Billy and I are returning to the New Order. Billy is outside using the phone while I go inside as I have a great need to urinate. On the way to the bathroom, I spot someone I have not seen in about 9 months and stop at his table to say hello. Since the urge to urinate has pretty much reached it's peaking point, I only say hello. The entire time spent here was about 10 seconds. I go to the restroom at which point the bartender follows me into the restroom, and says to me "Can you do me a favor?" I respond with "sure, what is it?" And he says "Leave." I am standing there in mid stream of urinating and he says again "you need to leave. right now." I am more than a little perplexed and I ask "is there a problem, did I do something wrong?" The response I got was "you are not drinking." So since this is going nowhere, I tell him - so I can finish urinating without him standing behind me spitting words at me, I tell him "I will see about getting a drink when I come out." So he leaves, upon leaving the restroom, everyone in the bar is staring at me and I am VERY uncomfortable about this because I have failed to see what I did wrong, so I just tell him " I think I will have that drink another night."
Now this is where the bartender really stepped over the line. He tells me "don't come back in here if you are not going to drink." I stop at the bar and say "well, you know, you can not force anyone to drink." His response was "well I will ban you from coming in here. All you do is come in here and mess with these men and never drink anything."
Now I would like to point out that I do not "mess with these men". I have a lover and we are both in a monogamous relationship and do not "mess" with other people. Also, just the night before, Monday April 8th, my lover - XXXXXXXX- and I were in the same bar with the same bar tender and XXXXXXX was buying drinks for he, I and another acquaintance.
So I just tell the bar tender " you are making a mistake here." His reply was "no I am not and I will call the police to arrest you." Now this is more than just a vague threat. I ask him "what are the charges going to be?" He tells me "I don't know, you tell me what they will charge you with." I just can not believe the lack of common sense he is displaying. I politely point out that the police can not arrest anyone for NOT drinking and he thens blurts out "well I will have you arrested for loitering. Because you are a homeless person." I am in disbelief right here. Everyone is looking at me. I say "WHAT?" and he responds again "you are a homeless person". I look at the person to my right and I ask "do I really look like a homeless person?", because to tell the truth, I was dressed well above proper attire codes. The man sitting on the stool had been watching the exchange with a slack jaw and he just shook his head and said "I don't think this is something I want to be involved with." So since it was apparent that there was no communicating with this bar tender because was being extremely confrontational and combative. Still standing there with his arms crossed and glaring at me.
I feel I was utterly discriminated against in the highest regards. This behaviour while not only was it unprofessional, it was abusive and humiliating. First of all, no bartender or anyone for that matter would follow a patron into the bathroom to have a confrontational exchange with them. Secondly, there is no law or rule that states someone MUST drink. I could have been someone's designated driver that night. Or I could have diabetes or caffienne reactions that ruled out sodas. Or the other scenario is that I had a look at such a sparse crowd and decided to just use the restroom and go home. I have been in this bar hundreds of times and I have never paid a cover charge which is in effect he was trying to force on me. And lastly, by announcing not once but twice that I was a homeless person, that is complete defamation of character.
After leaving the bar peacefully, rather than causing a scene, the person I had driven to the bar, Billy Pope who was still using his cell phone outside asked me why we were leaving. After telling him what had just occured, he then informed me that many people had been complaining of the same thing from this individual. I don't have a clue what history he has had with others, as I live in Ft. Lauderdale but came to town on Monday April 8th, 2002. I had only been here for two nights and this was the first time I have seen this individual.
SO SHOULD I GET A LAWYER AND SUE THIS MOTHERFUCKER OR WHAT?
D
dballer
Guest
What bar was it? was it in Atlanta???
If so.. I can help you with some good ol southern justice
If so.. I can help you with some good ol southern justice
Natymike
New member
If it is bothering you that much then tell it to a lawyer that only gets paid on contingency, meaning you don't pay him unless he wins.
This story is crazy but you will need more than your word to take him down, take a tape recorder in there next time or get a bunch of other witnesses.
Keep in mind that lawsuits are long, costly, and a pain the ass so be sure you are all for it.
This story is crazy but you will need more than your word to take him down, take a tape recorder in there next time or get a bunch of other witnesses.
Keep in mind that lawsuits are long, costly, and a pain the ass so be sure you are all for it.
It is not bothering me that much rather than the fact that nobody gets treated this way. Think about it. What if this had been McDonalds?
What if I had been a designated driver and after getting thrown out, the person I was driving drove home and had a wreck?
It is the general principle behind this. The man was purely jealous. I walk in, dressed sharply, in superb shape, and every eye in the bar is following me. And this daughty little tramp decides to throw a hissy fit.
I would write the owner of the bar a letter, but how does one go about learning the name of the owner and the address? If this were YOUR business, wouldn't you want to be aware of how YOUR customers are being treated?
What if I had been a designated driver and after getting thrown out, the person I was driving drove home and had a wreck?
It is the general principle behind this. The man was purely jealous. I walk in, dressed sharply, in superb shape, and every eye in the bar is following me. And this daughty little tramp decides to throw a hissy fit.
I would write the owner of the bar a letter, but how does one go about learning the name of the owner and the address? If this were YOUR business, wouldn't you want to be aware of how YOUR customers are being treated?
musclebrains
New member
You want to interrupt your vacation to sue an angry bartender in an alcoholic bar for geriatrics? This bar is nicknamed "The Wrinkle Room." It's like the last stop on the way to gay death and probably the smokiest bar in the city.
I'm not excusing the guy's behavior, Anal, but I'm 42 and I'm a baby in there. I assume you're going there to accompany a friend, as I do now and then and did last weekend. Anyone who is not attached to an oxygen tank or wearing defibrillation paddles is assumed to be there because he's into necrophilia or hustling. You don't have to be built to get attention there. You just need to be breathing regularly.
Call the Ansley Mall management if you want the name of the bar owner...or call the bar. They probably open at 9 in the morning.
I'm not excusing the guy's behavior, Anal, but I'm 42 and I'm a baby in there. I assume you're going there to accompany a friend, as I do now and then and did last weekend. Anyone who is not attached to an oxygen tank or wearing defibrillation paddles is assumed to be there because he's into necrophilia or hustling. You don't have to be built to get attention there. You just need to be breathing regularly.
Call the Ansley Mall management if you want the name of the bar owner...or call the bar. They probably open at 9 in the morning.
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dballer
Guest
Anal AssPlorer said:
This is the real question here... I think you could do some damage to this place if you convey this story to the right person.
RyanH
New member
Plorer---
You can't sue for defamation b/c defamation requires a written publication.
You can't sue for infliction of emotional distress unless 1) the conduct was extreme and outrageous, 2) the bartender intended to cause severe emotional distress, and 3) the conduct must have caused severe emotional distress. If you can prove all three of these elements, you would prevail. Most plaintiffs who have been humiliated will use this legal theory as their cause of action. However, infliction of emotional distress is EXTREMELY difficult to win on, and you would need medical/psych. records to back up your claim. NOt to mention the cost of litigation.
Unfortunately, there is no claim recognized under the law for public embarrasement, and because you were in a private club, unfortunately the guy had every right to ask you to leave. If the guy had touched you, then the facts would be much more favorable to you.
My best advice to you is to stop by the bar or call during the day and see if you can speak with the owner. You might even fire off a letter threatening legal action for infliction of emotional distress. (even though you most likely would not win---the owner would necessarily know that). Bluff the owner by threatening action and see if you can get an apology from him or the employee fired. Threatening legal action isn't against the law, only pursuing a frivolous claim is......
YOu might want to ask someone else trained in tort law for their advice as well---since tort law is not my area, most of my knowledge is with corporate/constitutional areas.
Sorry to hear about the incident, but to be honest with you the baretnder's actions don't make a lot of sense.....you probably had someone whispering negative shit aoout you to the bartender or maybe he was just pissed that you were the belle of the ball.
Ryan.
You can't sue for defamation b/c defamation requires a written publication.
You can't sue for infliction of emotional distress unless 1) the conduct was extreme and outrageous, 2) the bartender intended to cause severe emotional distress, and 3) the conduct must have caused severe emotional distress. If you can prove all three of these elements, you would prevail. Most plaintiffs who have been humiliated will use this legal theory as their cause of action. However, infliction of emotional distress is EXTREMELY difficult to win on, and you would need medical/psych. records to back up your claim. NOt to mention the cost of litigation.
Unfortunately, there is no claim recognized under the law for public embarrasement, and because you were in a private club, unfortunately the guy had every right to ask you to leave. If the guy had touched you, then the facts would be much more favorable to you.
My best advice to you is to stop by the bar or call during the day and see if you can speak with the owner. You might even fire off a letter threatening legal action for infliction of emotional distress. (even though you most likely would not win---the owner would necessarily know that). Bluff the owner by threatening action and see if you can get an apology from him or the employee fired. Threatening legal action isn't against the law, only pursuing a frivolous claim is......
YOu might want to ask someone else trained in tort law for their advice as well---since tort law is not my area, most of my knowledge is with corporate/constitutional areas.
Sorry to hear about the incident, but to be honest with you the baretnder's actions don't make a lot of sense.....you probably had someone whispering negative shit aoout you to the bartender or maybe he was just pissed that you were the belle of the ball.
Ryan.
Prometheus
New member
RyanH said:
RyanH -
do you know that there is a distinction between libel and slander? if you do, then you know your statement above is not correct. if you do not, please look it up.
have you been telling people you are a lawyer??? - if that is true, you should know the potential perils involved in giving legal advice on a public forum.
if you are not, then you might find the various laws and regulations regarding the unlicensed practice of law to be an interesting read.
FreeballinDC
Dumper Humper
Did this guy look like he was on something like E or K? Very disturbing behavior from a service "professional".
Also, did he actually throw a napkin at you? I would claim assault right there, especially if it were unprovoked. I'm kinda half kidding, but he could of thrown a glass or a knife instead.
Also, did he actually throw a napkin at you? I would claim assault right there, especially if it were unprovoked. I'm kinda half kidding, but he could of thrown a glass or a knife instead.
RyanH
New member
Prometheus said:
give it up. I'm well aware of the laws of attorney ethics which is why, if you brush up on your reading comprehension skills you will see that I have noted----that tort law is not an area I'm familiar with and perhaps he should seek independent legal advice.
And, of course I'm well aware of the distinction between libel and slander. Libel must be in some sort of writing or other form, spoken words will never do. Slander is spoken defamation but you still must proved that the victim's reputation has been damaged, and injury is not presumed. Thus you would have to prove an injury to the victim's reputation. Do you really believe that Plorer's reputation has been damaged by some punk bartender in a bar in midtown? Surely not.
Thus, try again. I have not undertaken representation of Plorer---I don't even know his name. The day I seek for business over the internet is the day I find another career.
Good day,
Ryan.
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dballer
Guest
Prometheus,
See how nicley I can be a prick to you!!!!
I stand by everything I said.
See how nicley I can be a prick to you!!!!
I stand by everything I said.
Prometheus
New member
so then you ARE licensed?
I was just pointing out something to think about, not making any judgements regarding the validity of assplorer's claims -- I'm certainly not going to educate or counsel you on the law of defamation or legal ethics - if you choose to believe that what you wrote was correct and not in the form of legal advice, that's your call....
I was just pointing out something to think about, not making any judgements regarding the validity of assplorer's claims -- I'm certainly not going to educate or counsel you on the law of defamation or legal ethics - if you choose to believe that what you wrote was correct and not in the form of legal advice, that's your call....
Ok, some of the questions.... the guy actually did come over and throw the napkin down in front of me. He was treating that napkin like it was a quarter and he was trying to bounce it into a shot glass. He was hostile and combative afterwards when I returned. Now, I can honestly say that there were a couple of other people in the bar that did not have drinks in front of them.
Ok, another thing. As I said before when I arrived the first time, I was running late and my friend was waiting on me. Now although he was drinking - which he said this morning that he was pretty much strong armed into ordering one, there was some 40 year old (musclebrains??) that was trying to pick him up. And since I showed up and immediately we left, that may have been the little fuck that whispering shit.
Still the principle is the same, this man was way out of line. I don't put up with that behaviour from anyone. I am not kidding you, if he were in grabbing distance I would have mud stomped the fuck out of him. He was standing in the corner and had the local driftwood in there as an audience. He was very lucky that my friend I was with was not in there when this had occurred. He is completely volatile and unbalanced.
Ok, another thing. As I said before when I arrived the first time, I was running late and my friend was waiting on me. Now although he was drinking - which he said this morning that he was pretty much strong armed into ordering one, there was some 40 year old (musclebrains??) that was trying to pick him up. And since I showed up and immediately we left, that may have been the little fuck that whispering shit.
Still the principle is the same, this man was way out of line. I don't put up with that behaviour from anyone. I am not kidding you, if he were in grabbing distance I would have mud stomped the fuck out of him. He was standing in the corner and had the local driftwood in there as an audience. He was very lucky that my friend I was with was not in there when this had occurred. He is completely volatile and unbalanced.
RyanH said:
I have 11 tort attorneys working for me. I mentioned this in casual conversaton and you really don't have a tort claim.
musclebrains
New member
And where are you going this evening, Anal?
FreeballinDC
Dumper Humper
Anal AssPlorer said:
OK, from your original description, it sounded like he was throwing it at you like he was trying to get your attention by hitting you with it.
I know it sounds silly, but in a sense, he could have been assaulting you with the napkin.
Let me explain. I was an MP in Germany, and anytime there was a domestic dispute, we always asked if any of the involved parties touched the other party. If the answer was "yes", and even if the touch was "friendly" in manner, it was still considered assault, and written up.
I know it sounds fucked up, but this is the truth.
Ok, some of you are aware of who my friend with me really was. Which is why I did not want to risk having the police involved. although it would have been a bullshit charge. Otherwise I would have stuck around and argued (and more.)
So now, this was basically a pure jealousy and discrimination action here. so what would each of you had done in my shoes?
So now, this was basically a pure jealousy and discrimination action here. so what would each of you had done in my shoes?
Prometheus
New member
where's the "discrimination"?
p0ink said:
You don't know how close to doing this in the bar I actually was. Only because the guy I was with waiting outside had a history that the police would not have found cool was why I didn't. The bar is located behind a strip mall in an alley, so I am sure he would not be walking out alone, especially if he had the night's receipts with him. Also, a few of the locals in there had a good look at me and I do tend to stand out and would be easy to identify.
To whom ever asked where the descrimination was.... the fact that he is only singling out non drinkers (or those who have not ordered yet) to do this behaviour with.
musclebrains
New member
gymtime said:
Thanks for the plane ticket to Phoenix, gymtime.
