San Antonio, TX asked in Business Law, Civil Rights and Constitutional Law for Texas

Q: Can a business such as a gym or bar tell my wife that our infant(1month) is not allowed? Consider Chapter 165 H&S code..

We pay a membership to the gym and can't use it. The bar has an outdoor area specifically designed for recreation, but is technically 21 and up.

2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: That’s a very interesting question. You may have to file a lawsuit to find out. A jury probably won’t have any sympathy for a mother who wants to bring a breastfeeding infant to a bar, but it’s probably a question of law for the court to decide.

The breastfeeding statute you cite does say that a woman has the right to breastfeed in any place the woman has the right to go. If the woman is 21 or older, she legally can go into a bar, even if the child can’t.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

A: It is possible that a business such as a gym or bar may have policies in place that restrict the presence of infants or young children due to safety concerns or other reasons. However, it is important to check with the specific business to understand their policies and any relevant laws or regulations in your area.

Chapter 165 of the Health and Safety Code in California pertains to recreational water facilities, and may not be directly applicable to a gym or bar. Additionally, laws and regulations may vary by state or even by city, so it is important to do research or consult with an attorney if you believe your rights may have been violated.

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