Heather Timmons, a UNM student who is seven months pregnant, said she was discriminated against by a Brewster's Pub doorman when he allegedly refused to let her into the bar because she is pregnant.
"I was outraged that I was being discriminated against," Timmons said. "Especially when I knew that it was my right to go there if I wanted."
The doorman, she said, asked her if she was pregnant, and then asked if her fetus had any identification. After Timmons acknowledged that she was pregnant, he allegedly told her to "have fun talking to your lawyer," and ushered her away from the entrance.
Timmons said that she learned while receiving her alcohol server's certification that it is unlawful to refuse service to pregnant women just like any other minority group.
"Pregnant women have the same rights as any other individual," said Sherie Montoya, a local attorney specializing in tort law. "However, the bar, although a public establishment, reserves the right to refuse service to anyone. This is to ensure that they can look at individual cases and at the best interests of everyone involved."
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Brewster's management claims that is exactly what it was doing in this case.
"We support our security's decision here," said Miguel Rios, a manager at the bar. "On that particular night, there was a lot of hostility in the crowd, and with that threat being so high we felt we were serving the patron's best interest."
Ed Grant, the owner of Brewster's Pub, agrees, saying that although it is the house policy not to serve pregnant women, if the circumstances had been different, she would have been welcome.
"We get some pretty rough crowds here sometimes and we don't want to see anything bad happen to anyone," he said. "We consider pregnant women to be in a special state, and as such need special treatment to ensure their safety."
Grant added that Timmons should be thankful that there are people who are more interested in the well being of people than making a profit.
Timmons said she was not interested in consuming any alcohol while at the bar, which is completely within her rights if she had, but just wanted to see her favorite band perform.
Timmons was downtown for the New Mexico Showcase, a competition between several bands, and had already been to other bars before Brewster's.
"I felt like I was being objectified, that they were telling me that since I was pregnant that I belong locked up at home," she said. "I feel that this was degrading for all pregnant women, and that not letting me in was taking away my basic rights."
Tim Canova, a professor at the UNM School of Law, said that as a public business, the bar could not legally refuse her entrance, although there may have been extenuating circumstances surrounding the situation.
"Businesses are covered from refusing service to certain parties in certain situations that would leave them too liable for any unfortunate incidents that occur as a result, including selling alcohol to minors and intoxicated individuals," Canova said.
Timmons, who was attending the event with her fiancÇ, said she feels that if behavior such as this is allowed, that the rights of pregnant women will continue to diminish.
"I urge other women of this campus, whether pregnant or not, to let Brewster's know we will not tolerate this behavior," she said. "I know I will."
