Just a question...

[Kellie_MO4]

Okay, this may sound like a stupid question, but I've been wondering this for a while... I know in a lot of states there's the law behind breastfeeding that a woman is allowed,by law, to NIP wherever she (and sometimes she and baby) are allowed to be... but what about those places (usually diners) that have the signs that say "we reserve the right to refuse service to anyone"? Does that mean they can legally kick you out if you BF there and they don't like it? Just wondering...
Thanks!

[PapayaMom]

I am sure that type of sign would not hold any weight in court. For those states that have laws protecting a nursing mothers rights, many of them state it is applicable regardless of whether it is public or private. It would be the same thing if a diner refused service based on someones race, they could try but they could get sued.

Can you imagine if places were just able to make their own laws. Chaos!

[mama in the forest]

Hi Kellie,

I've seen those signs too.....and I am not a lawyer but I know for a fact that businesses cannot just create their own rules within their business that violate the law. For example, they can't use race to exclude someone from patronizing their business - it violates the law. (and hopefully their morals)

Likewise, just because they may not want to see a breastfeeding mother in their diner, they cannot do anything about that because it violates the law. They could try as do many businesses, but they cannot make rules in their diner that conflict with state law.

[Clarinet]

I think signs like that are reserved for people who are causing a disturbance by being overly drunk, hostile, rude, etc. Those kind of behaviours are not protected by law, but since breastfeeding is it shouldn't apply.

[Kellie_MO4]

Okay, thanks! It was just something I'd always wondered if I was nursing while eating lunch or dinner out... Good to know!

[alegna]

Actually at least here in TX, so far businesses are allowed to kick you out.... : It's happened a few times that I've heard of.

-Angela

[velcromom]

Originally Posted by alegna

Actually at least here in TX, so far businesses are allowed to kick you out.... : It's happened a few times that I've heard of.

-Angela

The law in Texas is as follows:


Tex. Health Code Ann. § 165.001, et seq. (1995) authorizes a woman to breastfeed her child in any location and provides for the use of a "mother-friendly" designation for employers who have policies supporting work site breastfeeding. (HB 340, HB 359)


The state can't be overridden by a private business policy. The truth is that many business owners are simply unaware of the law and do it anyway.

[alegna]

The thing is that the businesses are private companies and can refuse to serve anyone they wish. So far that's the way the rulings are going. They can say (worst case) they're kicking you our because you smell bad not because you're nursing. They can refuse for ANY REASON. Also some YMCAs in the area restrict where you can nurse- also they are private, so they can do it and there's not jack squat you can do about it. I'd love if someone took them to court and won, but it's not happening any time soon.

-Angela

[PapayaMom]

The thing is that the businesses are private companies and can refuse to serve anyone they wish.

Here in NY the legislation reads as follows
Right To Breast Feed.
Notwithstanding any other provision of law, a mother may breast feed her baby in any location, public or private, where the mother is otherwise authorized to be

I guess because our law says public OR private that to me means it covers situations like the op posted, otherwise why would they even say "private" at all if it cannot be enforced?

[alegna]

Maybe. I'd be really interested to hear if anyone has taken this sort of situation to court in any state and won.

-Angela