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Subject:
From:
Kerry Ose <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Wed, 15 Nov 2006 16:28:05 -0500
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Janice notes this loophole in Texas breastfeeding law
>
>"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."

I think the key to closing this hole would be to point out that breastfeeding is a matter of 
identity, not "conduct."  Physiologically normal babies breastfeed, and need to do so 
often.  It is central to their identity.  Excluding a breastfed baby for breastfeeding seems 
pretty similar to excluding an Asian person for being Asian, or a woman for being female.  
And breastfed babies are no more able to check their breastfed status at the door than 
any of us are able to check our race or gender.  

It's a civil rights issue, I think, and, as far as I know, businesses open the public cannot 
exclude patrons on the basis of identity, even in Texas...

What do the lawyers on the list think?

On a related note, I saw that The New York Times website picked up the story of the 
mom and baby getting kicked off the Freedom/Delta flight.  Glad to see this story getting 
lots of play.  

Kerry Ose

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