HELP I am being sued for kicking a woman out of my Restaurant for breastfeeding?

Question

Hey don't get me wrong. But this woman just flopped out her saggy breast and never tried to be discreet about it and when she took her shirt off she smelled the whole restaurant up with overpowering BO .What a Nightmare I had no choice,for the sake of my business
WHAT CAN I DO

Answer 1

being a private business you have the right to refuse service to anyone. Contact a lawyer and discuss the case with them, you could possibly argue a "public indecency" stature against the woman PROVIDED there was a easily accessible, clearly designated "Women's Restroom" in your restaurant.

Also, I would definitely tone down the BO comments, and definitely don't say anything about "saggy breasts" as should this evidence come to light in court you will ultimately lose this case for insensitivity and being a "greedy businessman who doesn't care about patrons".

That being said, while she cannot legally sue you for refusal of service and asking her to leave, she is able to sue you for "pain and suffering" if during the time you made her leave you provided an undue amount of attention to being paid to this lady. That means raising your voice, making obscene gestures, or anything else that would draw added attention to her circumstance and provide her with any level of embarrassment. This could providing "mental anguish" to be allowed into a civil law case. And to be honest, if you in any way raised your voice or brought added attention to her, you will in fact lose in a court of law on this matter. You will win in that you have the right to refuse service and ask her to leave, but you will lose the mental anguish lawsuit.

Answer 2

Suck it up, get a lawyer, and hope they can find a loophole. If her personal hygiene could be used as a valid reason for kicking her out, one would argue that she should have been 86ed before she ever started breast feeding. Sorry guy, there's no way to dodge the repercussions of your callus and tactless behavior. Perhaps you should have requested she be a bit more discreet and offered her a different table so she could feed her child - maybe a booth? Had you taken any steps toward a solution instead of just kicking her out of your establishment you might have had a leg to stand on - but from the sound of it, you did not try to remedy the situation. Bend over, take a deep breath, and pray the judge is a minute-man.

Answer 3

I'm sorry but I don't think there is anything that can be done about this one. Get yourself a good attorney. Breastfeeding is natural and if she was in your restraunt eating then she has the right to feed her child. If you don't want it done out in the public you probably should have offered her a private room to nurse. But by the tone in your question, she probably could sense your irritability.
You might try contacting her through your attorney of course and offering a sincere apology and give her a gift certificate or somthing to your restraunt. Tell her you realize the error of your ways and that you will make arrangements for nursing moms to have somewhere in private they can nurse their babies, after all I'm sure you have a smoking section.

Answer 4

You have been somewhat precise. This lady replaced into for sure there to make a element. She is additionally supported by using a few business enterprise. WHY could you have chose to TAKE a sprint one right into a eating place besides. different than for being indiscreet approximately what she replaced into doing, the baby could have disappointed different diners by using crying. no rely what the result, you probably did the main remarkable ingredient. could she have have been given her breast out if she hadn't had a baby? No, then it could have been considered indecent. What could ensue if those with piles desperate that their backsides needed scratching. you won't be able to smoke in restuarants, yet you may get your handle out. For 'wandas' earnings, going to the lavatory is the main organic ingredient in the international, yet we don't do it in front of people. he's working a eating place, no longer a bloody creche.

Answer 5

What would you have done about an smelly old man with BO coming into your restaurant?

Or a smelly woman who was bottle feeding her baby?

Or a beautiful woman who reeked of perfume?

Or a mother discreetly feeding her baby?

Breastfeeding in public has nothing to do with women removing their shirts in public, or with BO. Was your issue with the breastfeeding, the exposure, or the BO?

Before you try to defend your actions, you need to understand what your issue was.

Answer 6

You haven't mentioned your other customers. Were they bothered as well? I had a similar experience and it was not pleasant. While if it is done with taste and not a "hey look at me" deal then I wouldn't have cared but I get sick and tired of people who scream "I have a right to" well so do I. I have the right to go to a resturant and have a nice,quiet meal. Why do people with children act like they have more rights than the rest of us?

Answer 7

Forget about the incident...forget in terms of attorneys, etc. now. You will only be spoiling the name of your restaurant. Speak to her for an 'out of court' settlement. If she is adamant...then think in terms of attorneys. Better be careful in future...pls put up a board or say a seperate enclosure for such people..it will help. Good luck!

Answer 8

I hope you lose the case, there is nothing wrong with breastfeeding. "For the sake of your business" indeed! A flimsy excuse for your squeamishness regarding the human body. I bet you wish you had let her breastfeed now, for the sake of your business! What restaurant is it so I can make sure never to go?

Answer 9

What you do is have a promotion inviting nursing mothers to come to your restaurant. You can call it "Milk: The utter healthy drink" or something like that. It's sounds like your actions were about the BO problem & not the breast feeding. I always offer help when I see a woman trying to breastfeed her baby.

Answer 10

While she DID violate health codes and that proverbial "sign" (no shoes, no shirt, no service), why didn't you just simply ask her to visit your ladies' washroom? You could have explained that due to the health codes, no one (male nor female) is permitted to disrobe in the dining or preparation area. I think you could have gotten around the whole touchy issue of Breastfeeding in Public by explaining that your suggestion that she visit the washroom instead covers both genders and is in effect for health reasons.