Jake, Thank you so much for setting out so well the facts, and the 
twists of the Texas law regarding breastfeeding in public.  And for 
sending the link to your article which provides a really thorough 
discussion of some of the cases in the US where mothers have been 
shamed and blamed for breastfeeding in public, and their attempts to 
obtain legal redress.  Not surprisingly, the situation is not nearly 
so clear-cut as I had hoped!  The main problem seems to be, as you 
have said, that where there's no remedy, then there is no right - in 
other words that if a law cannot be implemented and enforced, and if 
there is no penalty for breaking it, then it may as well not 
exist?  It's obvious that we all have a long way to go.

In England we are no better. I've had no less than three fairly 
lengthy telephone conversations with my Member of Parliament about 
the difficulties that ordinary mothers experience when breastfeeding 
- or not - in public.  The first time I responded to his invitation 
to phone him.  The second and third times he phoned me.  The outcomes 
each time were that this man was adamant that there was not a 
problem, and so we don't need a law to avoid mothers being harrassed 
or shamed.    As someone who has grown up seeing mothers 
breastfeeding babies and toddlers on every street corner, I have a 
hard time accepting that something so natural can be viewed in such a sick way.

But many thanks.  I certainly have a lot of material now to share 
with the mother in Texas.

Pamela
-----------------------------------------

The text of the Texas public breastfeeding law is at:
http://llli.org/Law/Bills36.html .  The relevant language is:
"Chapter 165. Breast-Feeding
    Subchapter A. Breast-Feeding Rights and Policies
       Sec. 165.001. Legislative Finding
The legislature finds that breast-feeding a baby is an important and basic
act of nurture that must be encouraged in the interests of maternal and
child health and family values. In compliance with the breast-feeding
promotion program established under the Federal Child Nutrition Act of 1966
(42 U.S.C. section 1771 et seq.), the Legislature recognizes breast-feeding
as the best method of infant nutrition.
    Sec. 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."

This language is similar to the language in many other states and is
consistently ignored (particularly in Texas) for two reasons: (1) business
have asserted the authority to withdraw authorization to be in the space so
the law no longer applies and (2) there is no way to enforce the law and no
penalty for violating it.  During the Ronald McDonald House incident, the
Texas state Attorney General refused to become involved in enforcement of
the law and I believe there was an earlier Texas case in which some state
authority supported the theory that the property owner's right to withdraw
authorization overrode the breastfeeding right.

Morgan, this isn't a loophole or anything peculiar to Texas.  Most U.S.
state laws without enforcement provisions (meaning most of them) work this
way.

In the case Pamela presents, there is the additional ripple that houses of
worship are not always considered public accommodations or public space.
That is dependent on state law.

My Mothering article which can be found at
http://www.mothering.com/articles/new_baby/breastfeeding/lactation-law.html
contains a discussion of U.S. state law enforcement provisions.

Hope that helps.

Jake Marcus, J.D.

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