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Maryland Repeals Prohibition of Serving Person with a Disability

By Nancy Hudes & Stuart Kaplow on January 29, 2019
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Stuart Kaplow

Maryland only this past year repealed provisions of law applicable in specified counties that made it a criminal offense to knowingly selling or providing an alcoholic beverage to an individual with an intellectual disability or to an individual if a family member or guardian has given written notice to the license holder that the person is of an unsound mind.

It is difficult to understand how in modern times in Allegany, Carroll, Charles, Harford, Kent, Montgomery, Queen Anne’s, and Washington counties, an alcoholic beverages license holder or an employee of a license holder may not knowingly sell or provide an alcoholic beverage to: a habitual drunkard; an individual with an intellectual disability; or an individual if a family member or guardian has given written notice to the license holder or employee of the license holder not to sell or provide an alcoholic beverage to the individual because of the individual’s physical condition, intemperate habits, or unsound mind.

Generally, “knowingly” means the knowledge a reasonable individual would have under ordinary circumstances based on the habits, appearance, or personal reputation of an individual.

A violation was a misdemeanor.

Not only was the criminalization of serving someone with a disability a violation of the American with Disabilities Act, but also a violation of the U.S. Constitution and Maryland Declaration of Rights.

Senate Bill 461 passed the Senate and House of Delegates unanimously and with the Governor’s signature the bill took effect July 1, 2018.

  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    Maryland Alcoholic Beverage Law
  • Organization:
    Regulatory Solutions Consultancy, LLC

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