Question:
Thank you for your advice about serving [alcohol to] minors. What about pregnant women?
– Server
Answer:
We recently addressed the issue of how to handle minors who bring their own alcohol to an establishment without a liquor license. Your question about serving alcohol to pregnant women is an interesting and very different follow-up.
It is illegal for minors to consume alcohol, so the guidance is very clear: Don’t do it.
In the case of pregnancy, while medical authorities, including the CDC, advise against consuming alcohol while pregnant, and depending on your state, you may be required to prominently post a warning against consuming alcohol while pregnant, you should not try to dissuade or refuse alcohol service on the basis of pregnancy.
In fact, a 2016 Human Rights Commission ruling in New York City determined that while they do not condone or encourage drinking alcohol during pregnancy, it is the patron’s right to choose to do so.
My advice is to train your service staff regarding the rules but also offer a variety of attractive non-alcoholic alternatives so that non-drinkers feel included and appreciated in your operation.
As always, this column is not legal advice. Consult with your attorney and state restaurant association to be sure you are in compliance.
More on alcohol service laws here.