A couple of weeks ago I wrote about those “Barefoot Rights” Cards available over at barefooters.org. I discussed Michigan and Arizona, and how the law really doesn’t say what those cards say it is.
Today I want to look at the Texas card.
As I said last time, when it comes to disabilities, the cards are generally correct. Of course, getting anybody to enforce them (or convincing a store to recognize that you go barefoot to accommodate a disability under the law) is an entirely different issue.
And of course, even when it comes to religion, the fact that the cards are generally not correct does not mean that you not might be able to use one to bluff your way to stay. (I really don’t like this—there are already so many myths about bare feet that I hate introducing another, even if it might help somebody. And then there is also the whole lying thing.) But if they call you on it, or you do file a complaint with a Civil Rights Board, you will be quickly disabused of any notion.
So let’s take a look at the Texas card and Texas law.
TX Barefooting Rights Card
Texas Laws protect a person’s right to be barefoot due to a religious creed or disability. State religious freedom and anti-discrimination laws protect your right to go barefoot in public places such as restaurants, grocery stores, theaters, govt bldgs, gyms, museums, libraries, trains or buses. No one, including business owners or employees can tell a barefooter to leave, or to put on shoes. (§110. §121.003). Risks to the barefooter or annoyance to staff and customers are NOT reasons to discriminate.
Now, for Michigan and Arizona, their public accommodation laws that protect on the basis of religion only require that a rule to be generally applicable and religiously neutral to be upheld. A footwear rule is clearly generally applicable and says nothing about singling out a particular religion, so, under the law, it is enforceable by any business. Sorry. That’s the way it is.
Well, what about Texas’ religious protections?
There aren’t any!
Texas is one of five states that have NO public accommodations civil rights laws. The others are Alabama, Georgia, Mississippi, and North Carolina.
So showing that card to somebody who knows the law will get you laughed at.
But what about the two statutes listed on the card? §121.003 is the Texas equivalent of the ADA. § 110 is the Texas Religious Freedom Restoration Act, which only applies against the Texas government. So the only thing right on the Texas card regarding religious rights is “govt bldgs” and libraries (maybe museums, depending on who the owner of one is).
The only religious protection to go into a public business in Texas is the Federal statute on public accommodations.
Before I looked this up, I didn’t even know that some states didn’t have religious protections for going into public accommodations. But now I know. And so do you.
“So showing that card to somebody who knows the law will get you laughed at.”
Many of the places which discriminate against bare feet, are doing so based on their misconception of laws and regulations. They frequently cite fictional “health code” or “Occupational Health and Safety” laws, even corporate policies (which might not exist or apply to customers and patrons) as the reason they cannot allow customers to go barefoot.
I like to point out the non-existence of the codes which the establishment believes they are complying with. Then if they change their tune and state company policy, etc., then there is a good chance they are simply being discriminatory for no other reason than personal bias. Now, you can pull out a card, or sheet that states the protection of freedom of beliefs, and that you truly believe you SHOULD have a right to go barefoot most anyplace where it is safe. In most cases the perpetrators of the mythical laws, and regulations will back down. Some may back down after a thoughtful, well written letter to the management, as s both Bob and I have discovered in the case of Kroger’s, and my local credit union – the employees believed there was a policy against bare feet, so they “enforced” it. Management straightened those employees out.
As more and more places begin to allow barefooters simply because their is no law. code, corporate policy requiring them to discriminate, the more and more going barefoot will become “commonplace” and acceptable.
For the hard core barefoot haters, it will eventually come down to someone who is adamant enough about their “right” to go barefoot to pursue more extreme routes to secure our freedom … potentially ending at the supreme courts.
Perhaps some day we will overcome the blatant prejudice against barefooting and actually change the laws which allow discrimination against those of us who were born without shoes.
At that time, perhaps we won’t feel so shy about putting our shoes in the closet and coming out as barefooters!
As you may recall, I did take my case to the Supreme Court. They did not accept the case (though I did get a nice right-up by James J. Kilpatrick.)