He’s Not Drunk, He’s Alcoholically Disabled

Damon W. Root | September 29, 2009

Via the great Overlawyered.com, the gag-inducing story of a former Florida police officer who's suing the force after they fired him for being a drunk. From Tampa's WTSP:

[Former Sgt. Clinton] Knowles was terminated in April 2008, two months after he harassed a pair of women off-duty at the Applebee's in North Port. In written statements, one of the women stated Knowles "smacked her on the butt," while another said he was "grabbing her thighs and arms as well."

Knowles stated that said he didn't remember the incidents and that he had a "propensity to blackout." Also contributing to his termination, the fact that his drinking often rendered him unavailable to perform his duties as a member of the S.W.A.T. team.

The lawsuit states that Knowles was discriminated against because his multiple requests for help from the Employee Assistance Program were either ignored or refused.

The Americans with Disabilities Act of 1992 states that a person who is an alcoholic is "protected by the ADA if s/he is qualified to perform the essential functions of the job. An employer may be required to provide an accommodation to an alcoholic."

However, the ADA also says that "an employer can discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct."

Whole story here. Brian Doherty on the case against the ADA here.

Comments

|9.29.09 @ 10:00AM|#

But.. but... alcoholism is a disease! How dare they discriminate against a sick person. This won't happen under ObamaCare!

fortyouncer|9.29.09 @ 10:07AM|#

Good thing they drug test to keep out the losers.

Former Sgt.Knowles |9.29.09 @ 10:09AM|#

I have no recollection of having said "propensity to blackout".

|9.29.09 @ 10:11AM|#

that a person who is an alcoholic is "protected by the ADA if s/he is qualified to perform the essential functions of the job.

The essential function of today's LEO is to be a huge pushy asshole. I see no inability for a drunk to fulfill this obligation. The alchy cop has a good argument.

Alice Bowie|9.29.09 @ 10:12AM|#

Drug test would be useless in determining if someone is an alcholic.

The Extispicator|9.29.09 @ 10:15AM|#

In fact, the alchy cop may be able to be reimbursed for his booze, since it enhances his cop skills.

He may even get overtime pay for his off-duty training at Applebees.

Hugh Akston|9.29.09 @ 10:17AM|#

The essential function of today's LEO is to be a huge pushy asshole. I see no inability for a drunk to fulfill this obligation. The alchy cop has a good argument.

He still has to be able to shoot a dog at 10 feet. I'm not sure if FL requires that the dog be bounding playfully toward you or whether it can be sleeping when you take the shot.

The Extispicator|9.29.09 @ 10:20AM|#

I'm not sure if FL requires that the dog be bounding playfully toward you or whether it can be sleeping when you take the shot.

Academic question, really. When the other cops show up and see a dead dog body, the LEO will simply say it had been doing whatever it was supposed to have been doing to deserve death.

|9.29.09 @ 10:22AM|#

Alice, you are so dense. Go back and read fortyouncer's comment again. Come back when you comprehend the sarcasm.

|9.29.09 @ 10:27AM|#

Its a lay-down loss for the plaintiff, since alcohol plainly "adversely affects job performance or conduct." The attorney who brought the case should be sanctioned.

Ska|9.29.09 @ 10:34AM|#

I thought this post would be related to the story about the off duty NYPD officer who killed a lady in Brooklyn. Of course he refused the breathalyzer and blood test (as he knows how DWIs work); we'll see what happens and if the blood test (after a warrant) shows anything (at least 7 hours after his arrest).

|9.29.09 @ 10:35AM|#

"Its a lay-down loss for the plaintiff, since alcohol plainly "adversely affects job performance or conduct." The attorney who brought the case should be sanctioned."

Now don't be so serious R C. As prior commentators have pointed out, alcoholism can be considered a feature as opposed to a bug in the case of an LEO.

|9.29.09 @ 10:37AM|#

"Of course he refused the breathalyzer and blood test... "

So why didn't his fellow officers just extract it without his consent, like they do for us plebians?

Tomcat1066|9.29.09 @ 10:41AM|#

jr: Professional courtesy, obviously.

Mango Punch|9.29.09 @ 10:42AM|#

I have no issue with cops drinking off duty... Furthermore it seems the Police dept responded correctly in this instance.

Lets stop our bitching and save it for the real tragedies like the case Gwen Stefannie lover [ska] linked.

Alice Bowie|9.29.09 @ 10:46AM|#

Nick,

Go back and read thru my other posts and come back when you comprehend going along with the sarcasm.

Alice Bowie|9.29.09 @ 10:47AM|#

BTW,

Only a Cop would get away this this stuff.

Hottie16|9.29.09 @ 10:48AM|#

@ Alice Bowie

The difference is, 40 ouncer's post was funny.

a/s/l 40-oz?

JB|9.29.09 @ 10:56AM|#

Police officers abuse alcohol on a very regular basis. And while on duty and while driving.

I ever get pulled over for a DUI stop, I am insisting the officer prove he is not drunk first.

Mango Punch|9.29.09 @ 10:58AM|#

@ JB

Have fun with that, and please post your mug shot on the blog.

Rajan R|9.29.09 @ 11:08AM|#

If the SWAT is filled with undependable alcoholics, I think the world is a better place.

If anything, they should be actively recruiting the likes of Knowles.

Joe M|9.29.09 @ 11:17AM|#

Hey, if he's harrassing civilians, then "he is qualified to perform the essential functions of the job."

T|9.29.09 @ 11:22AM|#

If the SWAT is filled with undependable alcoholics, I think the world is a better place.

Yeah, because giving the drunk cops better weapons and training is such a fabulous idea.

Question for alcoholic police |9.29.09 @ 11:34AM|#

"A Saint Bernard is running towards you. It has a barrel of brandy on its collar. Of course, you should shoot the dog, but what if you hit the brandy? Do you take the shot? What do you do? What do you do?"

Meta4|9.29.09 @ 11:36AM|#

"Drug test would be useless in determining if someone is an alcholic."

No. They test for alcohol too.

loupeznik|9.29.09 @ 11:38AM|#

Wouldn't it be fun if the cop's lawyer was drunk on his court date.

JB|9.29.09 @ 11:42AM|#

Have fun with that, and please post your mug shot on the blog.

He could try to arrest me. Good luck to him.

|9.29.09 @ 12:04PM|#

So I say again:

Uhhh ehm da luh!

Is it Dredd, or is the cop just drunk?
Only the nightstick can tell!

Phantom Limb|9.29.09 @ 12:56PM|#

Drug test would be useless in determining if someone is an alcholic.

Captain Obvious to the rescue!!

Colonel_Angus|9.29.09 @ 1:01PM|#

Fuck the ADA. Both the disabilities law and the dentists organization.

Also fuck the mandates that require insurance companies to cover drug and alcohol rehab. I mean its okay if insurance companies voluntarily offer such coverage, but they shouldn't be forced to.

|9.29.09 @ 1:25PM|#

I'd like to 2nd that Col. Angus, Fuck the ADA (the dentists).

Whatever happened to that vaccine against cavities that was almost ready for clinical trials?

Fuck the other ADA too. If youre blind, i'm sorry, but it's not our responsibility to make the internet accessible to you. God, i hate those screen readers so much, if i was blind i'd swear-off computers entirely. Become a shoeshine-boy maybe, i dunno.

Meta4|9.29.09 @ 2:42PM|#

"He's Not Drunk, He's Alcoholically Disabled"

I prefer Alcoholically Handy-capible

MNG|9.29.09 @ 4:56PM|#

Dudes, he FILED a suit. It will probably go nowhere. We should probably save the outrage.

Mitch Hedberg|9.29.09 @ 7:39PM|#

Alcoholism is a disease, but it's the only disease you can get yelled at for having.

"Dammit, Otto. You're an alcoholic!"
"Dammit, Otto. You have Lupus!"

One of those two does not sound right.

Mike Gogulski|9.29.09 @ 9:55PM|#

Hey what you go aganst dranks?

Som'a my besht frend'sre dranks...