AUSTIN -- A former bartender at a Texas Capitol-area bar has sued her old employer, claiming she was fired because she refused to serve state Sen. John Whitmire when he was drunk.

A top aide to Whitmire, D-Houston, said she was present that night at the Cloak Room and called the bartender’s allegations about the senator a “complete fabrication.”

AP

Houston Sen. John Whitmire

In her lawsuit, Rebekah L. Lear said she lost her job at the bar because she refused to serve Whitmire a second scotch on the night of March 8. Lear also alleges that Whitmire threatened to have her fired.

Lear claims her manager later told her that “we never refuse senators,” in a conversation that was recorded, according to the lawsuit.

The lawsuit does not specify the damages Lear is seeking.

Lara Wendler, Whitmire’s legislative director, said Whitmire could not be reached for comment Wednesday because he was traveling. Wendler disputed Lear’s account of the evening.

The owner of the Cloak Room could not be reached for comment Wednesday. Lear and her lawyer also could not be reached for comment.

The lawsuit says Whitmire arrived at the Cloak Room on March 8 “acting intoxicated” and with a “glazed look in his eyes.” Lear, who was working alone, served him the “J&B and water” that he requested, according to the lawsuit, but gave him a glass of water when he asked for another scotch. Lear told him she couldn’t serve another drink because he was intoxicated, according to the lawsuit.

The lawsuit accuses Whitmire of threatening to call the Texas Alcoholic Beverage Commission and have Lear fired if she didn’t serve him another drink.

After Whitmire approached Lear and said he “would have her job,” Lear said she would call the police if he didn’t settle down, the lawsuit says.

“He responded that the police would not come because all he would have to do was to make a phone call,” according to the lawsuit.

The lawsuit says Whitmire made more threats and then left.

Wendler said she and four other people were with Whitmire that night at the bar. She said Lear refused to serve Whitmire even one drink and never told him that she thought he was intoxicated.

On the day after Whitmire’s visit, according to the lawsuit, the bar manager told Lear that “Senator Whitmire could kill us.” The manager also said “we will never get in trouble in this bar with senators in here. The TABC’s not going to come in here,” according to the lawsuit.

It’s a misdemeanor offense for a bartender to serve a drink to someone who is intoxicated.