I'm at a restaurant for lunch and I proceeded to breastfeeding my child, who is only a month old and a worker at the restaurant tells that I have to cover up. I researched the laws for breastfeeding in public and the state of Florida exempts breastfeeding mothers from public indecent exposure and lewdness and sexual content. Fla. Stat. § 800.02 et seq. And § 827.071. I would like to proceed with legal action if possible !
Not being guilty of a crime does not give you a cause of action against the restaurant. They can set the standards for their restaurant. You can decide not to go there and that is your choice. Perhaps a conversation with the manager or owner would get an appropriate accommodation that meets your needs.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices.
That something is not a crime does not mean a private business or property owner must tolerate your indiscretions. To be honest, most people would find your actions "uncomfortable" as would many find two newlyweds mauling each other at the dinner table in a restaurant, or a person expecting to attend a nice resturant wearing a t-back an tube top. IF you are wanting to challenge social norms or raise awareness to such issues, then your first step is to get out your checkbook and hire a lawyer to pursue the issue as a social agenda, but I can assure you that such an effort would be extraorndinarily expensive. If you are expecting others to bear that expense for your agenda, you will find very very very few lawyers interested.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
You have no damages and no cause of action. Those statutes are inapplicable to civil litigation.
This would take some legal research to be sure, but it appears that you CAN sue - but only for injunctive relief, not money damages. That means you might be able to get a court to issue an order to that restaurant to allow the breastfeeding - but you probably cannot sue for any money or obtain an attorney's fees award. Fla. Statute Section 383.015 provides "A mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breastfeeding." However, the law apparently contains no monetary remedy. If you like to eat at that restaurant, I suggest hiring an attorney to first send the restaurant a letter demanding they cease and desist from banning breastfeeding.
This information is being provided for educational/informational purposes only and is not to be taken as legal advice or to establish an attorney-client relationship. Reliable legal analysis and advice cannot be given without a personal consultation with an attorney. Avvo.com doesn't allow attorneys to solicit or initiate direct contact with questioners, but you may initiate contact with attorneys answering questions by calling or emailing. At Charles M. Baron, P.A., we represent people and businesses in a variety of claim/lawsuit/litigation, criminal law, and administrative areas, including accidents & negligence, civil rights and constitutional law, police misconduct, discrimination, employment matters, and land use & zoning issues, as well as general legal counseling. Mr. Baron is also a Certified Circuit Court Mediator.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline