Mom sues Texas Roadhouse after being told to cover up while breastfeeding

Thomas Novelly | Courier Journal

Show Caption Hide Caption Texas Roadhouse apologizes after breastfeeding mom told to 'cover up' A mother was told to cover up while breastfeeding at a Texas Roadhouse in Kentucky, a state where it is legal to breastfeed in public.

LOUISVILLE, Ky. – A Kentucky woman is suing Texas Roadhouse for "extreme and severe emotional distress" after a restaurant employee tried to cover up her child's face while she was breastfeeding.

Sadie Durbin of Louisville filed the lawsuit late Monday evening. In the lawsuit, she recalled the Nov. 15 incident.

While dining at a Texas Roadhouse in St. Matthews, David Mitchell, the restaurant employee named in the lawsuit, "approached (Durbin) and her infant child with a napkin, in an attempt to cover the infant child's face and (Durbin's) breast."

Durbin said the move was "offensive and unwanted," in the lawsuit.

A Facebook message left for Mitchell was not returned. A lawsuit only represents one side in a legal case.

"He's a 20-year employee ... other guests were complaining about Ms. Durbin," said Travis Doster, a spokesperson for Texas Roadhouse. "He was trying to find a compromise between guests."

Doster said Mitchell will return to work soon. He noted that Mitchell received death threats after Durbin posted about the incident on social media.

Doster said last week that Mitchell was taking paid time off for the way he handled the situation.

Texas Roadhouse said it "supports the rights of all mothers to breastfeed their children in public, including in our restaurants ... Unfortunately, our manager's handling of this situation was misguided and wrong."

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Since 2006, Kentucky State law has protected a woman's right to breastfeed in public.

The law, KRS 211.75, states that "no person shall interfere with a mother breastfeeding her child in any location, public or private, where the mother is otherwise authorized to be."

Durbin is suing Texas Roadhouse's corporate offices, which have been located in Louisville since 1993. In the lawsuit, she claims the company has "failed to train their employees, including David Mitchell, not to interfere with a mother's right to breastfeed," the lawsuit states.

Texas Roadhouse has more than 525 locations in 49 states and seven countries, according to their website. Durbin is suing the company for compensatory damages, punitive damages, attorney's fees and other undisclosed amounts of financial compensation.