Babe-in-arms protection?

[angiemonette]

What is the name of your state (only U.S. law)? California

Is there such a thing as a "babe-in-arms" law or something to that effect? Someone told me there is a protection for mothers and their infant children (young enough to not be able to survive without an adult) specifically referencing access to an age-restricted facility.

For instance, is it a mother's right to access a restaurant/bar that is 21 and over with a 6-month-old baby? Whether or not she plans to drink is irrelevant - can she access the facility with a minor, if the minor clearly is not there for the purpose of consuming restricted beverages.

How about limits on numbers of persons? If a hospital only allows one visitor at a time in the hospital rooms, does an infant in the arms of its visiting mother count?

Here's a controversial example, but let's try just to focus on the scenario, not personal opinions about medical merits: Can a mother dying of cancer be prohibited from accessing a medical cannabis dispensary with a baby? Not where people are smoking/medicating, just where people purchase medicine. The law requires that only patients can enter, so if a baby is not a patient but the mother is, and she's poor and can't afford child care, can she be denied access to medicine because her baby is with her?

In summary, is there a protection for mothers (or fathers) with very small children to access places where children typically would not be permitted, as long as the age or person # restriction was not a safety concern? Worded differently - is there a legal protection for the idea that "I cannot be limited by my baby to access the services I need to access".

Thanks for any help!What is the name of your state (only U.S. law)?

 

[racer72]

The answer to all your questions is no.

 

[CdwJava]

For instance, is it a mother's right to access a restaurant/bar that is 21 and over with a 6-month-old baby? Whether or not she plans to drink is irrelevant - can she access the facility with a minor, if the minor clearly is not there for the purpose of consuming restricted beverages.

Leaving aside the image of some woman taking her infant into a bar, the bar owner would likely have serious problems with this. Not only is a bar a bad environment for the child (drunks can do stupid stuff), but it is a potential ABC violation. There is no "babe in arms" exception I have ever heard of.

How about limits on numbers of persons? If a hospital only allows one visitor at a time in the hospital rooms, does an infant in the arms of its visiting mother count?

I suspect that unless the child were a danger to the patient, or vice versa, that the mother and infant would be permitted in. Again, I know of no LAW that would mandate this exception.

Here's a controversial example, but let's try just to focus on the scenario, not personal opinions about medical merits: Can a mother dying of cancer be prohibited from accessing a medical cannabis dispensary with a baby? Not where people are smoking/medicating, just where people purchase medicine. The law requires that only patients can enter, so if a baby is not a patient but the mother is, and she's poor and can't afford child care, can she be denied access to medicine because her baby is with her?

In theory, maybe so. But, I doubt that any dispensary is so closely scrutinized as to result in such an apprehension. But, child services might want to look into the matter. If mom is a sole caregiver and is so sick she needs marijuana and has no one to leave the child with while she goes out to buy the stuff, then there are some other issues that warrant investigation.

In summary, is there a protection for mothers (or fathers) with very small children to access places where children typically would not be permitted, as long as the age or person # restriction was not a safety concern? Worded differently - is there a legal protection for the idea that "I cannot be limited by my baby to access the services I need to access".

No such legal exception to the law exists that I am aware of.

- Carl

 

[Country Living]

Don't you just love the end of semester extra-credit assignments?

 

[nextwife]

What is the name of your state (only U.S. law)? California

Is there such a thing as a "babe-in-arms" law or something to that effect? Someone told me there is a protection for mothers and their infant children (young enough to not be able to survive without an adult) specifically referencing access to an age-restricted facility.

Unbelieveable.

First, lets says there WERE such a law. WHY would it only apply to the female parent?

Second, I'm trying to figure out what compelling NEED a mom with an infant has to be in a bar? Rather than worrying about what to do with an infant when in a bar, why wouldn't a parent simply pass on entering such a venue when there is a baby to deal with?