I’ve never worked in the bar or restaurant industry, but there’s no way this is a normal policy, right?
Former Whiskey River bartender sues, alleges she was fired after calling 911 during fight
Chris Higgins, Des Moines RegisterFri, April 12, 2024 at 6:01 AM CDT·4 min read
A former bartender at Whiskey River, a bar and grill in Ankeny's Prairie Trail neighborhood, has filed a lawsuit alleging she was wrongfully fired after calling 911 for help during a bloody bar fight.
Taylor Schealler is suing the companies that employed her at Whiskey River in Ankeny and Founders Irish Pub in Bondurant, owner Joseph Romare and one of her supervisors in a Polk County District Court lawsuit filed March 29.
Schealler alleges she was wrongfully discharged after she called 911 during a violent late-night brawl at Whiskey River in November 2023 because it was against company policy to call police to the bar.
“When this happened, I couldn’t believe it. It felt like I was being punished for trying to keep people safe when I was only doing what I thought was the right thing to do," Schealler said in a statement to the Des Moines Register. "I felt like people were in danger and I needed to act for their safety as well as my own. I never thought I would lose my job for it."
More: How to spend the perfect day in Prairie Trail in Ankeny with restaurants, bars and shopping
Whiskey River did not respond to emails seeking comment and could not be reached by phone. A lawyer with a firm representing Whiskey River in other matters said it has not been retained in this case and could not speak on the bar's behalf.
Bar fight leads to pepper spray and 911 call, lawsuit says
Schealler was working a shift scheduled to go through the early morning of Nov. 18. She was a reliable employee who had received no negative evaluation of job performance, the lawsuit says.Shortly before 1 a.m. Nov. 18, 2023, a fight broke out between customers at the bar, according to the lawsuit, that turned into a brawl involving multiple patrons and staff members who tried to intervene. One witness described seeing "blood everywhere" from the fight. The brawl deteriorated to the point that a bouncer used pepper spray into the crowd, including on both customers and staff, the lawsuit says.
Schealler then heard someone say "I have a gun." Fearing for the safety of customers and staff, she called 911 at 12:57 a.m. to have law enforcement deescalate the situation. A coworker approached her while she was making the call and said the only person who was allowed to call 911 was one of the managers — who was in the middle of the brawl, the lawsuit says.
“They can fire me, I’m not going to have people pepper sprayed and not call 911," Schealler responded facetiously, while sincere in her concern for her own safety and the safety of customers and employees, according to the lawsuit.
According to the lawsuit, Ankeny police and Ankeny Fire Department medics arrived, and multiple people were treated for injuries. The Register has requested incident reports related to the incident from the Ankeny Police Department.
'Never call the cops,' Schealler alleges bar owner told her
Later, when she was cleaning after the incident, Romare approached her area and asked who called the police. Schealler said she did to ensure the safety of staff and customers. Romare told her "never call the cops," the lawsuit says.Schealler finished her shift. She expected to work another shift at Founders later on Nov. 18, but was locked out of the scheduling software. Schealler called her supervisor to ask why. The supervisor responded that it seemed there was a situation last night and that it was best to just part ways, the lawsuit says.
The supervisor told her it was Whiskey River policy to not call police to the bar and that she didn't follow it. Schealler was terminated.
"Sometimes employees have to take action in the workplace to protect themselves or the public, even though doing so might be contrary to their employer's interests," Schealler's attorney Grant Rodgers said in a statement. "The doctrine of wrongful termination in violation of public policy exists to make sure that when employees undertake these actions, they are not retaliated against by their employer and to offer legal recourse if they do suffer retaliation. We look forward to proving Taylor's claim in court."
Schealler is accusing the defendants of wrongful discharge in violation of public policy and Iowa law. She is seeking damages for lost pay, emotional distress and other losses.
