What the Human Rights Commission does with it and how they decide to fashion a remedy once we get past the next stage of the process– which is a six-month period of trying to negotiate a settlement — could in fact be precedent setting.

For more on the story, see this WCAX.com report.

Post from: Breastfeeding 1-2-3

I feel really grateful, still, for the way the state’s set up. And I feel like it’s really important for us to show up as a sign of gratitude for everything the state has done to uphold its laws, and to show up for the commission, who have put so much time and effort into investigating this case. I have so much trust and confidence in the state’s ability do the right thing and follow through with their processes.

Gillette brought her 4-month-old nursling Donovan, and she made a point not to fly Delta or Freedom Airlines!

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Ms. Gillette refused to cover up while breastfeeding her 22-month-old son as they sat on a plane waiting for take-off from Burlington Airport in Vermont. Vermont state law specifically protects breastfeeding in public:

Notwithstanding any other provision of law, a mother may breastfeed her child in any place of public accommodation in which the mother and child would otherwise have a legal right to be.

Representatives for Delta and Freedom airlines argued that federal preemption laws prevented the state of Vermont from charging the airlines with a state civil rights violation. In its ruling, the Vermont Human Rights Commission cited federal and Vermont Supreme Court case law that provides otherwise.

The news brings great relief to Ms. Gillette:

“I think they made the right decision … I feel really pleased about it,” said Gillette, speaking by phone from Santa Fe, Monday. “It feels good to be validated by the state.”

It will be interesting to see whether the decision of the Vermont Human Rights Commission will prompt the airlines to work toward a settlement. Negotiations between Ms. Gillette and the airlines have failed up to this point and so far the airlines have offered only a weak apology.

With an investigation now underway, both parties will have an opportunity to submit information and speak before the Commission. Ms. Robinson explains:

If, after this, the commissioners decide that there are reasonable grounds to believe that unlawful discrimination occurred, the case will be transferred to the executive director, who will attempt to bring both parties to accept a settlement. If a settlement cannot be reached within six months, the commissioners will decide whether to close the case or take it to court, either in Montpelier or the court in the county in which the alleged incident took place.

Good luck Ms. Gillette! I feel safe in saying you have the continued support of lactivists across the country.

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This time the rally went off without a hitch. While the original rally consisted of five mothers and nine children, the second rally included 27 adults and 28 children–that will teach the airport security a lesson for sending them away the first time! Those ladies came back with a vengeance, albeit a polite and peaceful vengeance.

Only one other nurse-in out of the 40 total nationwide ran into trouble. The Queens Courier featured an article yesterday about how mothers were turned away from JFK airport.

Finally, if you’re not tired of reading about the controversy, there’s a very favorable web-exclusive article in Newsweek.

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According to participants, when five mothers and nine children originally gathered at DFW for the national nurse-in on November 21, they were harassed by airport security and threatened with arrest for indecent exposure and disorderly conduct. Mothers participating in this second nurse-in not only will gather in support of the mother kicked off a Delta flight for nursing without covering up, but to insist that the airport police (Department of Public Safety officers) apologize for their inappropriate comments and threats. They want the officers to receive training in the Texas breastfeeding law and the statutes defining indecent exposure and disorderly conduct. As it turns out, the indecent exposure law in Section 21.08 of the Texas Penal Code does not apply to breasts (not that any mothers were exposing their breasts anyway) but rather a person’s genitals and anus. Furthermore, the mothers were incorrectly told they had to leave because they did not have a permit to protest. When the mothers sought to apply for a permit for this Friday’s nurse-in, airport administration informed them that in fact a permit is not required for a peaceful gathering inside the airport, but only for picketers carrying large signs outside in front of the airport. As long as the mothers at Friday’s nurse-in do not carry picket signs or block people from coming or going, they are within their rights to gather inside the terminal.

Good luck on Friday, ladies! You are to be commended for your persistence and dedication.

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As I said, most of the press has been extremely positive. I’ve seen just a bit of backlash from letters to the editors of newspapers covering the story, and a lot of heated debate on news message boards.

Overall I think the nurse-in and subsequent media coverage reflected positively on a woman’s ability to nurse in public. Certainly women airline passengers can now breastfeed confidently, with or without covering up, and not have to worry about being harassed by airline flight attendants. I think the intense coverage of the issue will also make business owners in other industries think twice about asking a nursing mother to cover up. They just might realize they’d better watch out or they too will have 900 lactivists speaking out against their ignorance!

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I think some of the news coverage has under-reported the number of attendees simply because the reporters arrived early and did not stay for the full hour or two to get a final head count. At any rate, many lactivists made their voices heard today, and hopefully that will result in changes for the better.

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Mama-baby lactivists happily nurse-in at Reagan International

Lactivist being interviewed by National Public Radio

The crowd at DCA

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Here is a sampling of the news stories just starting to hit the web, including some video footage!

Phoenix, Arizona (20 activists plus children): numbers reported by participant

Tucson, Arizona (7 activists plus children): numbers reported by participant

Hartford, Connecticut (8 activists plus children): “Nurse-In” at Bradley, Hartford Courant

Fort Lauderdale, Florida (13 activists, 13 children): numbers reported by participant

Indianapolis, Indiana (well-attended): Moms Hold Breastfeeding Rights Nurse-In at Indy Airport, TheIndyChannel.com, Channel 6 News, RTV6 on the Go

Louisville, Kentucky (at least 9 activists plus children): Louisville Mothers Stage Nurse-In Protest, Courier-Journal

Baltimore, Maryland (at least 50 activists counting children): Video link: Protests Underway at Airports for Breastfeeding on Planes, WJZ-TV Channel 13

Boston, Massachusetts (at least 5 activists plus children): Local Women Join In Show of Support for Breast-feeding Mom, Eyewitness News, WPRI Channel 12

Detroit, Michigan (10 activists plus children): Detroit Moms Join Protest after Nursing Mother Incident, The Deroit Free Press

Columbus, Ohio (12 activists, 18 children): Nursing Moms Protest Delta Air Lines at Port Columbus The Columbus Dispatch

Dallas/Fort Worth, Texas (6 activists, 9 children): numbers reported by participant. The mothers were asked to leave after about 15 minutes (a permit to gather was required and it takes three days to get one), but not before the mothers talked to the media!

Houston, Texas (3 activists plus children): numbers reported by participant

Burlington, Vermont (at least 25 activists plus children; 45 according to the attendees): Nursing Moms Take to Airports in Show of Solidarity, WCAX-TV 3 News

Northern Virginia, Reagan National Airport (28 mothers, 70 attendees total): numbers reported by participant

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I commend the women who are out at airports all over the country today to help make sure that women can breastfeed if they choose to. This incident again shows that we need to do more to support women who choose to breastfeed in this country — which is exactly what my legislation, the Breastfeeding Promotion Act, would do.

Again, here is the link to the Breastfeeding Promotion Act.

Now for a bit of humor at the expense of Delta, check out this cartoon from Hathor the Cowgoddess (even the name makes me smile)!

Post from: Breastfeeding 1-2-3