Breastfeeding in Public Law Enacted in Massachusetts

On January 9, 2009, the governor of Massachusetts signed into a law “An Act to Promote Breastfeeding.” The law becomes effective in early April 2009, 90 days after January 9.

The law essentially says that a mother may breastfeed her child in a public place or private place open to the public and where the mother and her child may otherwise lawfully be present. It also excludes from indecency laws any exposure of the breast incidental to nursing. The full text of the law is published below.

My thoughts on the law? It’s wonderful to see any breastfeeding in public law in place in Massachusetts. That said, there are a few positives and negatives about the law.

(+) It speaks of a “mother and her child” and does not limit the law to an “infant” or “baby” of any particular age.

(+) It provides an enforcement provision which allows a civil action to be brought by a mother who has been harassed for breastfeeding. The court may award damages up to $500 plus reasonable attorney fees.

(-) The statute talks about “intent” in a way that could possibly be misinterpreted. It says, “No person or entity, including a governmental entity, shall, with the intent to violate a mother’s right under subsection (a), restrict, harass or penalize a mother who is breastfeeding her child.” I assume this is meant to cover a situation in which a mother is asked to move for, say, safety reasons (like she’s blocking a fire door — something completely unrelated to the fact that she is breastfeeding). There the person is not intending to harass a mother who is breastfeeding, but to ask her to comply with safety regulations. But no “person or entity” should take ignorance of the law as negating intent. Back to the old adage, “ignorance of the law is no excuse.” You can’t say you didn’t intend to violate the law when you asked a breastfeeding mother to cover up, simply because you weren’t aware that state law prohibits restricting, harassing, or penalizing a mother who is breastfeeding her child.

(-) The law does not apply to churches or synagogues — any “place of religious instruction or worship.” That’s unfortunate. I have read several stories of mothers who have been harassed in church and who felt terribly betrayed by the very people who were supposed to be part of a supportive community.

Bottom line? Don’t let the exclusion stop you from breastfeeding in a place of worship. It’s not a prohibition; there simply is no protection for breastfeeding there in the new state law. The place of worship might be completely accepting of it anyway, and if not, perhaps a discussion needs to take place about the importance of breastfeeding, the benefits for breastfeeding mothers and babies, and the role of a supportive religious environment. I have found that breastfeeding is a wonderful tool to allow quiet attendance at services. And Catholic women can remind church officials about the patron saint of breastfeeding!

Here is the full text of the new Massachusetts law, Chapter 111, Section 221:

(a) A mother may breastfeed her child in any public place or establishment or place which is open to and accepts or solicits the patronage of the general public and where the mother and her child may otherwise lawfully be present.

(b) Notwithstanding any general or special law to the contrary, the act of a mother breastfeeding her child, and any exposure of a breast incidental thereto that is solely for the purpose of nursing such child, shall not be considered lewd, indecent, immoral, or unlawful conduct.

(c) No person or entity, including a governmental entity, shall, with the intent to violate a mother’s right under subsection (a), restrict, harass or penalize a mother who is breastfeeding her child.

(d) The attorney general may bring a civil action for equitable relief to restrain or prevent a violation of subsection (c).

(e) A civil action may be brought under this section by a mother subjected to a violation of subsection (c). In any such action, the court may: (i) award actual damages in an amount not to exceed $500; (ii) enter an order to restrain such unlawful conduct; and (iii) award reasonable attorney fees.

(f) A place of religious instruction or worship shall not be subject to this section.