NYC Bars Can't Ban Pregnant Women or Refuse to Serve Them Alcohol

As of this week, bars and clubs in New York City can no longer deny entry or refuse alcoholic drinks to pregnant people.

That's according to the New York City Commission on Human Rights, which released new guidelines ahead of Mother's Day defining protections for pregnant people in employment, housing, and public spaces.The Commission's directive makes clear that bars, clubs, and other public spaces that discriminate against individuals because of pregnancy are in violation of the New York City Human Rights Law.

"Far too often, people make judgments about what pregnant women can and cannot do," said Dana Sussman, special counsel to Commissioner Carmelyn Malalis, "including what jobs they are capable of, how they should behave, and what establishments are appropriate for them to enter, such as bars or clubs."

Under the new guidelines, bar and club bouncers are prohibited from turning away people who are pregnant or perceived to be pregnant from entering the establishment. Servers and bartenders are also barred from denying a patron's food or alcohol order, or limiting their alcohol use, based on their pregnancy status.

The Commission's guidance also strengthens protections for pregnant and parenting people in the workforce and in housing. It clarifies that the city's human rights law requires employers to make reasonable accommodations for pregnant and parenting workers and forbids them from firing or refusing to promote workers because of pregnancy. It is also illegal for landlords and management companies to deny or refuse housing applications from pregnant candidates.

"Today's guidance makes clear that it is illegal in New York City to treat pregnant women differently simply because they are pregnant," said Sussman. "Pregnant women deserve the same opportunities and freedoms as everyone else."

Conventional wisdom is that a woman shouldn't drink alcohol during pregnancy. The US Surgeon General and groups like the American Academy of Pediatrics (AAP) and the American College of Obstetrics and Gynecology (ACOG) say that prenatal alcohol consumption can lead to fetal alcohol syndrome and other fetal alcohol spectrum disorders. They say that drinking—even in the earliest stages of pregnancy—can cause alcohol-related birth defects, neurological impairment and behavioral problems as defined by the National Institutes of Health. Any amount of alcohol, these groups warn, is dangerous to a developing baby.

It's an all-or-nothing principle with real-world implications. Eighteen states have laws on the books that treat alcohol and drug use during pregnancy as child abuse. Three states—Tennessee, Alabama and South Carolina—have laws that specifically criminalize pregnant women and new mothers who use drugs. And across the pond, in Glasgow, Scotland, a maternity hospital has started testing hundreds of newborn babies for alcoholamid concerns that more women are drinking during pregnancy.

Expert opinion, though, says drug enforcement policies threaten the welfare of baby and mother-to-be. Groups like the ACOG and the American Civil Liberties Union say that incarceration or the threat of incarceration keep pregnant women with drug or alcohol addictions from seeking prenatal care.

Recent research has challenged this long-held—and debatable—standard. While excessive drinking has shown to cause harm to a fetus, studiesout of the United Kingdom—where drinking during pregnancy is common—found "no convincing evidence" that low to moderate prenatal alcohol use (or less than eight drinks a week) adversely affects pregnancy outcomes. Danish researchers in2012 and 2014 concluded much of the same.

But this turning tide didn't keep the U.S. Centers for Disease Control and Prevention from releasing questionable recommendations in February on when and how much alcohol women should drink. In short: Never, unless you're taking the pill.

According to the CDC, drinking heavily can lead to fertility issues, unintended pregnancy, sexually transmitted diseases, and violence for sexually active women. Women, the CDC opines, should not consume alcohol unless they're on birth control to avoid these so-called risks. The federal agency also says healthcare providers should recommend birth control and contraceptive use if a woman is boozing and having sex but is not on the pill.

The CDC's directives angered many pregnant and non-pregnant people alike. The internet was flooded with critical think pieces calling out the CDC for misogyny, victim-blaming and contributing to rape culture. Snarky memes mocking the federal agency also popped up, like this one from Brokelyn that flipped the CDC's infographic to focus on men. And it's all with good reason—the recommendations are "extremely paternalistic" and "medically unnecessary," said Lynn Paltrow, executive director of National Advocates for Pregnant Women, a New York-based nonprofit that promotes the rights and dignity of pregnant and parenting women.

It's hoped that businesses would not discriminate against pregnant people—or people perceived to be pregnant—on principle alone. "[But] one wonders whether these guidelines are necessary when you have unjustified and far-reaching recommendations from groups like the CDC," said Paltrow.

In the end—and with alcohol consumption aside—pregnancy does not invalidate a person's civil rights while on the job, when apartment hunting or going to a bar.

"There's nothing about being pregnant that justifies any form of discrimination," she said. "Not ethically or legally."