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Topic: Commentary: In the breastfeeding debate, where are the property rights? (Read 703 times) previous topic - next topic

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Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #25
Wouldn't it be funny if PD turned out to be a lawyer who litigated these types of cases?
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 #26
Wouldn't it be funny if PD turned out to be a lawyer who litigated these types of cases?

He could very well be. In which case he should have no trouble pointing out where I've erred.

  • Bilirubin
  • Ain't nothing ta fuck wit'
Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #27
He is. He did.

He also told you how to correct your ignorance.

Not seeing how he owes you anyting further.

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #28
At least three state laws protecting the rights of breastfeeding mothers specifically refer to their right to breastfeed in a "place of public accommodation." However when I referred to that term, I was told by Pavlovs Dog that "'accommodation' refers to the ADA" as if it was irrelevant to this topic. If he's a lawyer he knows that the term is used in civil rights law, not just the ADA. Still, I may be mistaken and am willing to improve my understanding.

  • Bilirubin
  • Ain't nothing ta fuck wit'
Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #29
I think you misunderstood him. Reread what he wrote, keeping in mind the distinctions he was drawing.

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #30
Thank you. I know I'm not owed any lessons on civil rights law from Pavlovs Dog, but at least I've learned that there's no point to me trying to dispute anything in this topic with him.

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #31
oh god this is reddit-level flail

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #32
Nope. In this thread it's been established that on this topic I don't know what I'm talking about and Pavlovs Dog does. I'm fine with that, and if I wish to learn more I'll do my own research, per his suggestion.  :)
  • Last Edit: January 19, 2018, 04:15:13 PM by Recusant

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #33
shit guys, I swore I logged out of my recusant account. guys, I'm super sorry. This must be really confusing.

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #34

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #35

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #36
god that was not an easy gif to find

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #37
Yeah, I'm not seeing the flail. Am i blind or in love?
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 #38

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #39
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.


You have no idea what you are talking about. 

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #40
At least three state laws protecting the rights of breastfeeding mothers specifically refer to their right to breastfeed in a "place of public accommodation." However when I referred to that term, I was told by Pavlovs Dog that "'accommodation' refers to the ADA" as if it was irrelevant to this topic. If he's a lawyer he knows that the term is used in civil rights law, not just the ADA. Still, I may be mistaken and am willing to improve my understanding.

You are equivocating the term accommodation as pertains to the civil rights act with that same term as it pertains to the ADA because you have no idea what you are talking about.  One relates to the relatively colloquial "public accommodation" as a location that is subject to the civil rights act with respect to individuals in a protected class.  The other is an accommodation that must be made for individuals in a protected class defined by the ADA. Breastfeeding mothers are not a protected class under either act.  In fact, there is federal caselaw specifically ruling as such.  Which is why I said there is no clarity on this issue in my first fucking post in this thread.

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #41
The bottom line is the civil rights act and the ADA are powerless outside of protected classes because it is already on shaky ground constitutionally and private "discrimination" is generally constitutionally protected.  The civil rights act and the ADA are largely legal fictions supported by the commerce clause. 

  • nesb
Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #42
So you think Katzenbach v. McClung was the wrong ruling, or are you for using legal fictions to advance an agenda?

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #43
What?!?! How did you figure out my agenda?

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #44
Also, Jesus Christ.

  • nesb
Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #45
 ::)

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #46
The civil rights act is for all intents and purposes an end around to amending the constitution.  That is why it is very difficult to extend its protections to sexuality, transgender rights, things like breastfeeding, etc.  This is all pretty well established stuff.  There are numerous cases, state attempts, etc trying to shoehorn other things into the protected classes.

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #47
Don't roll your eyes at me, or I will be forced to declare that you also have no idea what you are talking about.

  • nesb
Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #48
That's fine. I used to argue with a conservative lawyer on another board all the time. Mostly over the commerce clause, necessary and proper clause, and the idea of a living Constitution. He never pulled rank on me, though. Anyways, isn't Masterpiece Cakeshop v. Colorado Civil Rights Commission shaping up to be about the 1st Amendment, and not over whether or not gays are protected class (since they aren't)?

Re: Commentary: In the breastfeeding debate, where are the property rights?
Reply #49
Well, that is an example of why the law is not clear due to conflicts with constitutional rights, as per my first post.  It is about the juxtaposition of both of those things.  It is actually a very difficult argument to make from the plaintiff's side in this case.  The right to discriminate in this manner generally falls under the first amendment, or in the same category as the right to kick a racist out of your restaurant.
  • Last Edit: January 19, 2018, 11:16:52 PM by Pavlovs Dog