So What Is the Law in Texas Anyway?
November 15, 2006 by Angela White, J.D., breastfeeding counselor
Filed under activism, law, nursing in public
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.
Was the police officer correct in stating that the statue can only be enforced on public property, and that a private business owner can ask a mother to leave?
Here’s what La Leche League has to say about Texas law:
In the summer of 2004, a controversy arose in Texas, which has a statute stating that a mother is permitted to breastfeed her baby in any location in which she is authorized to be. A restaurant refused to serve a breastfeeding mother, and a local police official was quoted as saying that a restaurant has a right to refuse to serve anyone. There was no such law, however, there was a law regarding trespassing on private property, which allowed the property owner to ask people to leave. Elsewhere in Texas, mothers in the San Antonio area were also asked to leave several places, including a grocery store, because they were breastfeeding. …
In two of the situations that arose in Texas, the mothers consulted an attorney who is the husband of an LLL Leader. The mothers wrote the offending entities, advising them of the law. They received apologies and assurances that their employees would be advised of the law.
I’m not sure this answers the question for me. Under Texas law a woman has the right to breastfeed wherever she is authorized to be, but is she no longer authorized to be in the privately-owned theater/grocery store/restaurant if management asks her to leave under the trespassing law? We need some case law analysis to answer this one. (Anyone? Feel free to leave a comment if you’re familiar with Texas law!)
What is clear is that the Texas woman handled herself beautifully. She informed management of the law, but decided in the end that it was best to ask for a refund and leave without further incident. Hopefully the planned nurse-in will force a clarification in the law. Nurse-ins are controversial because they can result in a backlash against breastfeeding in public even as they draw attention to the law and bring bad press to the offending business.
A mother with a question about the law may wish to contact her local La Leche League leader, who will have access to more information about the law in that particular state. (Edited to add link to Texas Law Loophole Explained).
I don’t think that the trespassing law could apply if she’d bought a ticket – right? Isn’t trespassing being somewhere you’re unauthorized to be? I’m glad that you posted the response in other cases. Sounds to me like the police officer was incorrect and that case law is on her side.
Tanya – that’s a good point, and the breastfeeding law just doesn’t make sense if a private owner can ask a “trespasser” to leave for any reason anyway. I still don’t understand the first story though about the restaurant owner being able to ask the woman to leave.
This is the best clarification I’ve seen on the breastfeeding law. I just moved to TX (yay Navy!) and when I ask people what the breastfeeding laws are, they all say “just put a blanket over”. Um. Seriously? Not only can it be hot, 95% humidity isn’t prime to add extra cloth. With the body heat between us, the temp under the blanket is, like, 107 degrees. Thanks to this clarification, I feel like we can comfortably have this bonding experience. Thank you!!!