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Topic: Commentary: In the breastfeeding debate, where are the property rights? (Read 706 times) previous topic - next topic

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  • dinosaurs!
  • a new kind of jihad, anal jihad
Commentary: In the breastfeeding debate, where are the property rights?
http://www.grandforksherald.com/opinion/columns/4388760-commentary-breastfeeding-debate-where-are-property-rights
Quote
After all, if a private person wants someone removed from their private property, the reason for the removal shouldn't matter.


  • nesb
Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #1
According to the most liked post about public breastfeeding on debate.org, women should be grateful for the right to vote. Did you ever think of that?

  • RAFH
  • Have a life, already.
Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #2
Seems pretty clear the restaurant was in the wrong and should be severely fined and the manager that made that decision to be fired or at least demoted to licking up the restrooms, but only after mandatory attendance to a seminar on law and decency.

Beyond which, an establishment open to the public loses it's protection as a privately owned operation. If it were a clearly limited private club, I'd have fewer objections. But it isn't, it's a commercial enterprise that is open to the public and depends upon public involvement.
Are we there yet?

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #3
The property rights belong in the same place all "property rights" are with respect to commercial activity in view of the civil rights act.  Which is not to say the answer is clear there.

  • linus
Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #4
Quote
To illustrate, let's consider a related question of public policy. In other parts of the country women are fighting for the right to go completely topless in public. A suit challenging New Hampshire's prohibition on topless women is currently before that state's Supreme Court.

If women win the right to go topless in public, does that mean private businesses must also allow it? Will places like restaurants and grocery stories, which already implement a universal dress code requiring things like shoes and shirts for all, be forced to allow toplessness too?
Assuming men are already allowed to go shirtless in public, there is perhaps already data to extrapolate from.

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #5
The property rights belong in the same place all "property rights" are with respect to commercial activity in view of the civil rights act.  Which is not to say the answer is clear there.

"Commercial activity" is a rather vague category, while "public accommodation" is much less so. In regard to public accommodations (definitely including public restaurants) decisions by the Supreme Court of the United States have clarified the matter considerably.

It also is clear that the state in which this incident took place has a law protecting the right of a woman to breastfeed her child "in any location, public or private, where the woman and child are otherwise authorized to be." The opinion of the doofus Rob Port about the primacy of property rights in this case is empty blithering.

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #6
State law is not really relevant to the extent it conflicts with constitutional rights.  "Accommodation" refers to the ADA, which has the same type of constraints as the civil rights act.

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #7
State law is not really relevant to the extent it conflicts with constitutional rights.  "Accommodation" refers to the ADA, which has the same type of constraints as the civil rights act.

"Public accommodation" is a relevant concept in regard to much more than the ADA.

Can you cite any possible conflict between this particular state law and constitutional rights?

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #8
You just posted a link referencing the civil rights act.  I don't think you understand what you are talking about.

Yes, the potential conflict is go read about the civil rights act, the ADA, and protected classes and what the constitutional power is that is the basis for them.

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #9
all property is theft therefore property "rights" are irrelevant  :smug:

  • dinosaurs!
  • a new kind of jihad, anal jihad
Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #10
all nipples are property of rob port all babies are trespassers

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #11
Yes, the potential conflict is go read about the civil rights act, the ADA, and protected classes and what the constitutional power is that is the basis for them.

Non-answer. If you knew the specifics of the conflict, you wouldn't be assigning me homework to try to discover it for you. I haven't invoked suspect classes or "protected classes."  I've pointed to the concept of public accommodation and its relevance to the state law. The state has decided it has an interest in protecting the rights of breastfeeding mothers in regards to public accommodations. Are you claiming that the state's decision is unconstitutional? If so, on what basis? Are you aware of any successful challenge to this sort of law (which exists in the statutes of nearly every state in the US)?

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #12
You have no idea what you are talking about.

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #13
My only comment regarding this thread is that everyone has shown remarkable restraint by not bringing up certain forum members who are, er, made uncomfortable by witnessing women publicly feeding human babies.
Love is like a magic penny
 if you hold it tight you won't have any
if you give it away you'll have so many
they'll be rolling all over the floor

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #14
guy pictured in the OP looks like he maybe breastfed until the age of 17.

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #15
See what you did, Testy?

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #16
sorry
Love is like a magic penny
 if you hold it tight you won't have any
if you give it away you'll have so many
they'll be rolling all over the floor

  • RAFH
  • Have a life, already.
Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #17
See what you did, Testy?
Do you see what you haven't done?
Are we there yet?

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #18
See what you did, Testy?
Do you see what you haven't done?
yes. It's plain to see.
Love is like a magic penny
 if you hold it tight you won't have any
if you give it away you'll have so many
they'll be rolling all over the floor

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #19
You have no idea what you are talking about.

Yes, you've said that more than once. However, you've yet to even begin to show that your understanding of this topic is superior to mine, nor have you done anything to actually support your assertions. Indeed, your apparent claim that the concept of "public accommodation" is only relevant to the ADA is a glaring falsehood. It's pretty clear that your posts in this thread addressed to me are just lame trolling. If you at least exerted yourself enough to show a spark of wit, I could respect that.

  • Bilirubin
  • Ain't nothing ta fuck wit'
Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #20
You have no idea what you are talking about.

Yes, you've said that more than once. However, you've yet to even begin to show that your understanding of this topic is superior to mine, nor have you done anything to actually support your assertions. Indeed, your apparent claim that the concept of "public accommodation" is only relevant to the ADA is a glaring falsehood. It's pretty clear that your posts in this thread addressed to me are just lame trolling. If you at least exerted yourself enough to show a spark of wit, I could respect that.

Um, he has to me. Both that he knows what he is talking about and it was witty.

  • Bilirubin
  • Ain't nothing ta fuck wit'
Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #21
and also in pointing out you have no idea what you are talking about XDXDXD

  • el jefe
  • asleep till 2020 or 2024
Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #22
You have no idea what you are talking about.
ad hom.  invalid.  please retract!

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #23
Sounds like recusant is lactose intolerant

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #24
Also guys, sorry, i didnt realize I was logged into my recusant account before having a meltdown itt