Texas Mother Plans Theater Nurse-In
Incidents over breastfeeding in public are so rare because mothers are able to nurse discreetly and the law protects women on public property. If the management of a private establishment dares to complain it can result in a lot of bad press, as one Texas movie theater is about to find out. Last week a mother nursing her 5-month old in the theater lobby was asked to leave the building after she refused to cover up with a blanket. Kimberly Bartholomew presented theater employees with a card explaining the Texas law on breastfeeding in public. The police were called to clarify the law. An article in today’s Gazette-Enterprise explains:
Specifically, the cards state “A mother is entitled to breast-feed her baby in any location in which the mother is authorized to be.” But the statute, which is taken from Chapter 165.002 of the THSC, can only be enforced on public property, said Seguin Police Department Detective Sgt. Maureen Watson.
“Under Texas Law, breastfeeding in public is legal,” Watson said. “But on private property, people can assert their own standards or moral conduct. If people are offended and complained to the management, the management can ask someone to leave.”
The mother voluntarily left the property after receiving a refund for her movie tickets. Now she has organized a nurse-in for this Friday outside the theater in the hopes of seeing a policy change.
This incident comes straight on the heels of a woman being kicked off a plane for refusing to cover up. That woman has filed a claim with the Vermont Human Rights Commission against Delta and Freedom Airlines, according to the Burlington Free Press.
I hope these incidents do not discourage women from nursing in public but rather embolden women to make nursing in public a more common practice. (Edited to add link to follow-up about Texas law).
Tags: activism, breastfeeding, Delta, Freedom-Airlines, lactation, lactivism, law, news, nursing in publicRelated Stories
POSTED IN: activism, breastfeeding, law, nursing in public
4 opinions for Texas Mother Plans Theater Nurse-In
Breastfeeding 1-2-3 » Nurse-In at Burlington International Airport
Nov 15, 2006 at 8:04 am
[...] You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your ownsite. [...]
Breastfeeding 1-2-3 » So What Is the Law in Texas Anyway?
Nov 15, 2006 at 7:07 pm
[...] The mother asked to leave the movie theater for nursing in public accurately quoted the Texas Health and Safety Code regarding breastfeeding in public: § 165.002. RIGHT TO BREAST-FEED. A mother is entitled to breast-feed her baby in any location in which the mother is authorized to be. [...]
Breastfeeding 1-2-3 » Texas Law Loophole Explained
Nov 19, 2006 at 9:54 am
[...] When a mother in Texas was asked to leave a movie theater for refusing to cover up while nursing, I wondered about the status of the Texas law. It was not clear whether the police officer called to the scene was correct in stating that the law protecting a mother’s right “to breast-feed her baby in any location in which the mother is authorized to be” cannot be enforced on private property. It seemed that the breastfeeding law conflicted with the trespassing law which allows a private property owner to ask someone to leave the property. [...]
Breastfeeding 1-2-3 » Texas Incidents Spark Legislative Measures
Feb 21, 2007 at 2:06 pm
[...] While breastfeeding protections already exist in Texas, I’m happy to report that revised legislation is in the works. At the end of last year Texas was the site of two controversies over breastfeeding in public. In the first, a mother was asked to leave a Texas movie theater after she refused to cover up. I examined the law in Texas and noted a loophole in the civil Health and Safety Code. If HB 1154 is enacted as introduced, the revised law would read as follows (the new text is shown in italics): Sec. 165.002. RIGHT TO BREAST-FEED. (a) A mother is entitled to breast-feed her baby in any location in which the mother is otherwise authorized to be. A mother’s authority to be in a location may not be revoked for the sole reason that she begins to breast-feed. (b) A person may not interfere with or restrict the right of a mother to breast-feed in accordance with this section: (1) in any place held open to the general public; or (2) in any place owned or operated by an entity: (A) from which the comptroller collects taxes; or (B) which holds a license or permit issued by the comptroller. [...]
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