Palsy Patient Loses Suit Against 7-Eleven

A man with cerebral palsy has lost his discrimination suit against a convenience store over a clerk who thought he was drunk and refused to sell him beer.

John Kirby was trying to buy a 12-pack of beer at a 7-Eleven store two years ago when a clerk accused him of being intoxicated and refused to sell him alcohol.

Kirby’s slurred speech and physical debility are due to cerebral palsy, a central nervous system disorder that affects about 700,000 Americans. Kirby said he tried to explain his medical condition, but the clerk wasn’t convinced.

Kirby sued the chain, saying the clerk refused to sell him the beer because of his disability.

David Sidran, the lawyer who defended the 7-Eleven clerk, Robert Ieshah, said the case wasn’t about discrimination. The jury was convinced that the clerk thought Kirby was intoxicated, Sidran said.

“I’m sure [Ieshah] is more aware now. . . . But he’s not a neurologist. His testimony was he had never seen a person with cerebral palsy before,” said Sidran. He also defended the store manager and the franchise owner in the suit.

Parent company 7-Eleven Inc., which controls 5,700 convenience stores in the United States and Canada, says a harsh “three-strikes” law regarding alcohol sales in California encourages store clerks to be diligent about not selling alcohol to minors or inebriated customers. If a store is caught making illegal sales, it can lose its beer and wine license.

The chain offers training on how to spot an intoxicated customer, and Ieshah took the course.

Brenda Frachiseaur of United Cerebral Palsy of Sacramento said more people should be aware of the disability. “Wouldn’t it be wonderful if we could really educate people to take a second look and realize that maybe it is not what they think,” she said.

Kirby plans to appeal the decision.