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. Now if you whispered to her that she would have to leave and she became furious and started yelling, make sure you find witnesses that will testify that she brought the attention onto herself by her reaction. 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

You were absolutely right. This woman was obviously there to make a point. She may even be supported by some organisation. WHY WOULD YOU CHOOSE TO TAKE A BABY INTO A RESTAURANT ANYWAY. Apart from being indiscreet about what she was doing, the child could have upset other diners by crying. No matter what the outcome, you did the right thing. Would she have got her breast out if she hadn't had a child? No, then it would have been considered indecent. What would happen if people with piles decided that their backsides needed scratching. You can't smoke in restuarants, but you can get your tackle out.

For 'wandas' benefit, going to the toilet is the most natural thing in the world, but we don't do it in front of other people. He is running a restaurant, not a bloody creche.

Answer 3

Obviously the lady did not have any consideration for you or your other guests. Although breast feeding is natural, many do not wish to be put through it whilst enjoying a meal.

You say that you did not have a choice, you could have asked her to stop, or to consider the other people. You could have offered her a private place to breast feed; as she lobbed a tit out she cannot possibly say the incident caused her any humiliation, as she is clearly happy to perform "Public Exhibitions" without any consideration of personal embarrassment...

As there are other possible choices - you were clearly responding to a situation the best way you could at the time, and all there appears to be is some HURT PRIDE, which, if she is a Christian, she knows is a Sin; if she pursues a case she is totally ANTI-CHRISTIAN; as Jesus asks people to forgive as they would expect to be forgiven.

Yes - You made a mistake, but she also caused you harm.
Ask her to forgive you and apologise, and offer her a free meal.

That should be plenty recompense - if she goes for more destroy her, as she is then in the wrong....

Answer 4

I still find it hard to believe that women find it OK to breast feed in a restaurant (or anywhere in public for that matter). The rationale appears to be that it's "natural". Well, yes it is, and it's also natural for a man and woman, or a man and man, or a woman and woman, or a group of people, to make love, but you wouldn't expect to be allowed to do it in full public view. That the law says this sort of exposure is alright offends me as much as would seeing the act take place. Some things, specially involving the exposure of those parts of the body we, usually, are obliged (by law) to keep covered up, should be kept private. I also cannot see why you should be asked to make a private space (other than a washroom) available. Should you provide a bedroom for people who want to make love? I don't think so. I think you're from the States, and I wish you luck. Unfortuneately I think you'd be in as bad a case if you were here in England.

Answer 5

Suck it up, get a lawyer, and need they could come across a loophole. If her own hygiene could be used as a valid clarification for kicking her out, you may actually argue that she could have been 86ed until now she ever started breast feeding. Sorry guy, there is not any thank you to ward off the repercussions of your callus and tactless habit. perhaps you're able to have asked she be slightly greater discreet and presented her a various table so she could feed her baby - perhaps a sales area? Had you taken any steps in the direction of a answer somewhat of basically kicking her out of your organization you have had a leg to stand on - yet from the sound of it, you probably did no longer attempt to scientific care the placement. Bend over, take a deep breath, and pray the decide is a minute-guy.

Answer 6

Well you should not have thrown her out. People should behave considerately when they go to restaurants, but the restaurant should be patient even with those customers who do not behave well; you are the hosts and they are your paying guests.

In this case, you should have ignored it and it would soon have been over. If it was annoying other customers, and you have an alternative like a private room upstairs to offer, then the polite thing to do would be to send over a senior waiter to say something like - "what a beautiful baby! Are you alright there madam, or would you prefer to use a private room?" Make it clear that you are thinking of her needs not other people's prejudices or else she will rightly be offended.

After all, you don't throw out all your customers with BO do you?

Answer 7

1. There is no need to remove a shirt to breastfeed.
2. Just because it is a natural thing to do there is no need to do it in front of the world and his wife.
3. Cleanliness is next to Godliness.

I breastfed all three of my children and was never asked to move on because I was discrete about it.
Nobody has the right to dictate terms of policy to a business owner. If this woman really was putting off other customers then I suggest you offer her a complimentary basket of body care products.

Answer 8

Maybe it would have been smarter to ask her to put her shirt on or to take her inside the kitchen for a while before going to the point of kicking her out. She has a good chance of winning this case and it will cost you dearly. She can claim that you haven't clearly indicated that breastfeeding is not allowed and she can claim that her child was hungry and immediately needed to be fed.

Answer 9

I don't really see how the 'sake of your business' justified kicking a woman who was breast feeding out of your restaurant.

The comment about her 'saggy breast' betrays a misogynistic and discriminatory tactic on your part. If her lawyers are smart they will take advantage of this and you will have to pay big time.

Settle. As quickly and quietly as possible.

Trying to get some seminars on recent legislation on discrimination on grounds of religion/ sex/ age/ race/ disability will probably help you understand the law and protect your business from real threats instead of constructed ones.

Answer 10

Most breastfeeding mothers don't have saggy breasts. If anything, they're like melons.
II would have asked her if there was anything you could do to make her more comfortable and made sure she sat with her back to the room. And I would have handed her a tablecloth to cover herself with. As for the bo - well, what are room sprays for? And yes, I would have sprayed it carefully - don't want to damage the child - then that way she would have felt so uncomfortable she would have left off her own accord.
So it serves you right and you need to go and do a customer service course. Because now your business will really suffer!