Out of state driver's license?

Discussion in 'Other Debt, Collection, Garnishment' started by nikuman, Mar 27, 2011.

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  1. nikuman

    nikuman Law Topic Starter New Member

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    I was just denied service at multiple bars in New York today for having an out of state driver's license (Arizona). I am of age, and have not had any problems at any liquor stores (some will scan, but of course it's all good). The reason I heard today was that they weren't legally allowed to serve me unless I had a NY state ID or a US Passport. Nevermind that I have an AZ license, a military ID, multiple credit cards, a heath insurance card, etc.

    Is there such a law? After looking through NYS laws for an hour I couldn't find anything...
     
  2. army judge

    army judge Super Moderator

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    No such law exists in any state of this union. If it did, you couldn't DRIVE in NY on that AZ license, nor could a citizen of NY drive in MT in her AZ drivers license!!!

    What this does is ignore the "full faith and credit" clause, Article IV, Section 1 of our constitution.
     
    Last edited: Mar 27, 2011
  3. nikuman

    nikuman Law Topic Starter New Member

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    Another slightly related question--
    Are establishments allowed to deny service for any reason? I've heard some people argue that denying service is illegal under Brown v Board of Ed without cause (like being loud and rowdy).
     
  4. army judge

    army judge Super Moderator

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    Establishments have the right to refuse service.

    Being loud, abusive, threatening, naked, or drunk are a few legitimate reasons to refuse to serve someone!
     
  5. mightymoose

    mightymoose Well-Known Member

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    It is possible that they suspected your ID was not legitimate. Do you look under 21, or is it even questionable?

    If they had any reason to suspect you were not of age, even with your ID, then they did the right thing by denying service. They face HUGE penalties for serving ander age patrons- and some of them have some pretty convincing fake ID's.
     
  6. nikuman

    nikuman Law Topic Starter New Member

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    I'd buy that, but you would think any suspicion would disappear after I started pulling out credit cards, insurance cards, school ID, and a military ID...
     
  7. army judge

    army judge Super Moderator

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    I've never been challenged using my military ID.

    I use it at airports.

    I use it more than my drivers license.

    I'm retired now, and still use it.

    I'm surprised they refused you after you showed your military ID. Were you in violation of their dress code?

    Where I've seen this it involved discrimination.

    If that is the case, you might want to mention it to your base EEO, JAG, or 1SG. This place might need to be put off-limits, if they're discriminating. Thanks for your service.
     
  8. CdwJava

    CdwJava Moderator

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    From the NYS ABC's FAQ page:

    What is acceptable proof of age to purchase alcohol in New York State?

    A valid driver's license or non-driver identification card issued by the Commissioner of Motor Vehicles, the Federal Government, a State Government, Commonwealth, Possession or Territory of the United States or a Provincial Government of Canada; or a valid U.S. passport, or valid passport of any other country; or a valid military ID from the U.S. (Section 65-b.2(b) - ABC Law)


    It appears they should have allowed you in if their only concern was your age. But, if you received several rejections, perhaps some other reason might have existed. Had you already been drinking? Were you with rowdy friends? Are you a minority and attempted to enter some all white bar?
     
  9. nikuman

    nikuman Law Topic Starter New Member

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    I was in a group of seven "young" people. Some had just turned 21 (we were celebrating their birthdays). The only thing I was really perturbed about was the claim that they were legally unable to accept out-of-state ID's (only NYS IDs and passports). I wanted to call BS, didn't know for sure. Thank you all for clearing that up.
     
  10. army judge

    army judge Super Moderator

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    One final thought on all of this.

    If a place refuses your business or is rude to you, eagerly walk away. Spend your money where they treat you well.
     
  11. CdwJava

    CdwJava Moderator

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    I seriously doubt that spouting the law to a bar will change their mind as they can probably find some other reason to say they do not want your business. There could be any number of reasons why they turned you away, but if it was several places, i suspect that it had to do more with behavior or perceived potential for problems than for ID. ID was simply the most convenient excuse.

    It might also be possible that a lot of these business have been told only to accept NY IDs. Stranger things have happened. I used to work at a bar that did not accept out of state ID of any kind because they could not verify they were good (didn't know what they looked like). Military ID with some other ID was good, but out of state licenses or IDs were not accepted. So, it could be a local business policy, and it may not be any violation of law in NY to refuse service on these grounds.
     
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