Maybe the bartenders don’t want to be targeted with suits when the babies are born with fetal alcohol. They have the right to protect themselves from being the target of suits to provide support for those babies or from being charged with harming the infants. Is the State going to indemnify them or is it an unfunded mandate?
Lawsuits chase “deep pockets”. As a practical matter the bartender isn’t a sufficiently wealthy target. They can still refuse to serve on other grounds if they wish.