Breastfeeding 1-2-3 » nursing in public

Breastfeeding in Public as a Civil Right

Angela White, J.D., breastfeeding counselor — Thu, 10 Dec 2009 19:30:46 +0000

When faced with legislation that would amend the state civil rights act so it explicitly covers breastfeeding in public, some legislators ask: Why a civil right and not, for example, another free-standing form of legislation under the rubric of, say, public health? That’s a valid and important question that has a very straightforward answer.

International Breastfeeding Symbol on a sign at the Santa Monica Pier; Photo by Wha'ppen

A civil right provides the necessary protection to a breastfeeding mother because it is an actionable right that gives mothers the ability to file a discrimination claim if someone has interfered with the mother’s right to breastfeed in public. Other types of laws are essentially unenforceable and merely pay lip service to the idea that women have a right to breastfeed in public. Certain laws, like Michigan’s current law, exempt mothers from being charged criminally with indecent exposure and do not give the woman any actionable rights. Laws like the public health suggestion generally have a very unfortunate loophole. They say that a mother can breastfeed in any place that she otherwise has a right to be. All a business owner has to do then is claim that the mother is no longer welcome there, that she is trespassing and no longer has the right to be on the property, and the police will enforce the criminal trespass law (which some argue trumps the civil health code provisions). Not only does the mother not have an actionable right under a public health provision, she faces potential criminal trespass charges if she continues to assert her “right” under the public health code! For examples where this has happened see these articles on Texas and North Carolina law:

Texas Law Loophole Explained
Nationwide Nurse-ins Planned at Denny’s Restaurants over Asheville, North Carolina Incident

It’s a Baby’s Right Too

If some people bristle at the thought of a civil right for the breastfeeding mother, it can be helpful to keep in mind that this is not just a “mother’s right” to breastfeed — it’s a baby’s right to be nurtured by the mother!

Won’t Civil Rights Legislation Lead to Excessive Lawsuits?

If the concern is raised that mothers will attempt to go out to breastfeed in public simply to get asked to leave and trigger a claim — that somehow this will explode into many claims by mothers — I would say that is totally unfounded. It’s very humiliating for a mother to be asked to leave a business and it’s highly unlikely that a mother with a nursling would put herself in that contentious position. Also, the claims process takes an extremely long time. For an example, see the case of the mother who was asked to de-board a Delta Airlines flight in 2006. It’s been three years and that claim has not been resolved and the mother has just now decided to file suit.

March 2008 (1.5 years after the incident) Vermont Human Rights Commission rules:
Commission Finds Airline Discriminated against Breastfeeding Mother

November 2009 settlement negotiations fall apart and mother sues:
Burlington Free Press article “Breast-feeding Mom Sues Delta”

Breastfeeding in Public Is an Existing Federal and State Civil Right

When I ran my thoughts by attorney and breastfeeding advocate Jake Marcus who blogs at Sustainable Mothering, she agreed and had this to add:

[B]reastfeeding discrimination should properly be considered covered by current federal and state civil rights law in that it is sex discrimination prohibited by the Civil Rights Act of 1964 and the state laws that are its parallel. Unfortunately, as with pregnancy, several courts have drawn a distinction between reproduction-related discrimination and sex discrimination. Congress passed the Pregnancy Discrimination Act in 1978 explicitly condemning judicial decisions that excluded reproductive discrimination from protection against sex discrimination. In the preamble to the pending Breastfeeding Promotion Act, it states also that the proposed inclusion of lactation is a *clarification* of the Civil Rights Act and not a change to the law.

So, state civil rights legislation like the breastfeeding bill pending in Michigan is necessary to see that the federal civil right Congress created in 1964 is enforced.

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Breastfeeding Representative from Georgia

Angela White, J.D., breastfeeding counselor — Mon, 07 Dec 2009 11:11:54 +0000

As women continue to fight for breastfeeding rights in the workplace, it is inspiring to read the story of former Georgia state representative Sally Harrell featured by Katherine Kam in the Babytalk magazine article “The Breastfeeding Mom’s Bill of Rights“:

[T]he more women who are out there speaking up for their rights, the more the prejudices will get chipped away. Georgia state representative Sally Harrell is one such trailblazer. When her son, Joseph, was 10 days old, the state House of Representatives went back into session. “I decided that because he was so young, I would take him with me.”

Not everyone was welcoming; in fact, several other representatives told the house speaker that they objected. “It’s very male-driven,” Harrell says. “I had to talk them into letting me bring the baby at all.” According to her, no other women in the legislature had ever tried to breastfeed on the job. “In the beginning, I’d borrow someone’s office, but when I got good enough, I nursed him on the floor because I realized that I was missing votes.”

“The first time I did it, it was really scary,” she adds. Even though she felt like everyone was watching, she kept nursing. Then she turned to a female colleague behind her and whispered, “We’re making history.”

Model of the Georgia Capitol building by Wvpress

Rep. Harrell co-sponsored legislation that eventually led to the 2002 amendment of the Georgia law which used to permit breastfeeding public only if the mother “acts in a discreet and modest way.” The Georgia law now reads:

31-1-9. Breast-feeding of baby. The breast-feeding of a baby is an important and basic act of nurture which should be encouraged in the interests of maternal and child health. A mother may breast-feed her baby in any location where the mother and baby are otherwise authorized to be.

What a wonderful example Sally Harrell set when she nursed her baby on the floor of the general assembly, and how great that she was able to make a difference for breastfeeding women in Georgia by eliminating those awful, subjective terms “discreet” and “modest”!

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Worst Breastfeeding Incidents of 2009

Angela White, J.D., breastfeeding counselor — Thu, 03 Dec 2009 12:09:01 +0000

Sadly, breastfeeding discrimination continues, as evidenced by the following stories of 2009:

Image courtesy of David Siqueira

1. Denny’s Restaurant harasses nursing mother. After Crystal Everitt was asked to cover up while breastfeeding at an Asheville, North Carolina, Denny’s restaurant, the regional management issued an unsatisfactory response. Local breastfeeding supporters went ahead with a nurse-in at the restaurant.

2. Dear Abby on pumping at work. Back in March, advice columnist Abigail Van Buren rightfully advised a woman not to be ashamed of pumping at work, but she failed to point out that a bathroom is not a pumping room and that California law protects pumping mothers in the workplace. The following June, the Dear Abby column published several follow-up letters with helpful information.

3. Parents Magazine advises being “discreet.” In April, I wrote to the Parents Magazine etiquette columnist about her belief that nursing in public is only okay as long as the breastfeeding mother is being “discreet” by utilizing shawls, scarves, dark booths and quiet corners.

4. Acosta Tacos fires woman for breastfeeding at work. The owner of Acosta Tacos in Los Angeles, California was ordered to pay Marina Chavez $21,645.00 in lost wages plus $20,000.00 for emotional damages after the owner fired Chavez for breastfeeding her baby on her breaks. In this groundbreaking case, the California Fair Employment and Housing Commission found that breastfeeding is intrinsic to the female sex and thus breastfeeding discrimination is sex discrimination under the Fair Employment and Housing Act (FEHA). The owner was also ordered to pay a $5,000 fine, establish a written policy on sex discrimination, and post a notice regarding the company’s FEHA violation.

5. Olive Garden requires modesty. In Michigan City, Indiana, Maggie Naas was asked to move to the restroom to breastfeed her baby because, according to that Olive Garden restaurant’s manager, she was not being modest enough.

6. Chick-Fil-A offers a towel to cover up. Thirty breastfeeding women staged a nurse-in at a Florida Chick-Fil-A after a mother was asked to cover her nursing baby with a towel. The mother attempted to contact the local and corporate management and apparently received no response. (One of my favorite pictures from the nurse-in shows the Chick-Fil-A mascot, a cow, looking on as a woman nurses. There’s a joke in there somewhere!)

7. Settlement negotiations between Emily Gillette and Delta Airlines end in lawsuit being filed. It’s hard to believe that it was three years ago that Emily Gillette and her family were asked to de-board an airplane when Ms. Gillette refused a flight attendant’s request to cover her 22-month-old nursling with a blanket. In October 2009 the Burlington Free Press reported that negotiations to settle the discrimination case collapsed and Ms. Gillette has filed suit in U.S. District Court in Burlington, Vermont.

Finally, an incident that I had to add after this post was already scheduled to publish:

8. Target store calls cops on breastfeeding mother. Earlier this week the mother of a four-week-old baby felt forced to leave the Target store in Harper Woods, Michigan after she disputed the security guards’ claim that breastfeeding in the store was illegal. Guess which store will not benefit from my holiday shopping this year? [Edited to add the good news that HB 5515, the pending breastfeeding discrimination bill in Michigan, passed out of committee on a vote of 11 to 2 after the hearing on December 2nd!]

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Michigan Moms Needed to Testify

Angela White, J.D., breastfeeding counselor — Sat, 21 Nov 2009 05:39:16 +0000

Michigan Representative Rebekah Warren has introduced a new breastfeeding bill, House Bill 5515. HB 5515 would allow a woman to breastfeed anywhere she may otherwise legally be. The law would amend the Elliot-Larsen Civil Rights Act to state in part:

Sec. 302. Except where permitted by law, a person shall not: (a) Deny the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service to an individual because of religion, race, color, national origin, age, sex, or marital status or to a woman because she is breastfeeding a child.

To have breastfeeding viewed as a civil right is a wonderful and powerful thing and I hope all Michiganders will speak out in support of the bill!

How Michigan Mothers Can Help

MI State Rep. Rebekah Warren

There are two ways Michigan mothers and lactation professionals can help see this bill passed into law. HB 5515 has been referred to the House Judiciary Committee. Anyone who supports this legislation should write to all the committee members and to his or her own Representative and state that they support HB 5515. The committee is chaired by Rep. Mark S. Meadows. Here is a list of all the members and their email addresses:

Mark S. Meadows (D), Committee Chair, 69th District (markmeadows@house.mi.gov)
Ellen Cogen Lipton (D), Majority Vice-Chair, 27th District (EllenLipton@house.mi.gov)
Lisa Brown (D), 39th District (LisaBrown@house.mi.gov)
Bob Constan (D), 16th District; (bobconstan@house.mi.gov)
Marc R. Corriveau (D), 20th District ( marccorriveau@house.mi.gov)
Andy Coulouris (D), 95th District (andycoulouris@house.mi.gov)
Andrew J. Kandrevas (D), 13th District (andrewkandrevas@house.mi.gov)
Bettie Cook Scott (D), 3rd District (bettiecookscott@house.mi.gov)
Rebekah Warren (D), 53rd District (rebekahwarren@house.mi.gov)
Tonya Schuitmaker (R), Minority Vice-Chair, 80th District (tonyaschuitmaker@house.mi.gov)
Justin Amash (R), 72nd District (justinamash@house.mi.gov)
Joseph Haveman (R), 90th District (JosephHaveman@house.mi.gov)
Rick Jones (R), 71st District (rickjones@house.mi.gov)
Eileen Kowall (R), 44th District (EileenKowall@house.mi.gov)
Tory Rocca (R), 30th District (tonyrocca@house.mi.gov)

Malika Abdul-Basir, Committee Clerk 517-373-7256 (mabdul@house.mi.gov)

A resident may find out who his or her own Representative is at the Find a Representative tool.

The second way to support the bill is to testify before the committee. Michigan breastfeeding mothers are needed to testify on Wednesday, December 2, 2009, at 10:30 a.m. at the meeting of the Judiciary Committee in Room 521 of the House Office Building in Lansing. The House Office Building is at 124 N. Capitol, at the corner of Capitol and Ottawa in downtown Lansing. Anyone may testify, even without advance notice. If someone would like to testify but cannot attend, he or she may mail or email their testimony to Kim Easter in advance of the hearing. Even if someone prefers not to testify, his or her attendance at a hearing and personal correspondence with committee members and his or her own legislators are important in influencing the decision-making process.

Tips for Testifying before the Committee

The purpose of testimony given should be informational so that committee members can vote on the bill with as full an understanding as possible of all sides of the issue it addresses, and the consequences of its passage. A witness should prepare testimony in advance and keep the testimony short and to the point.

When you testify, identify who you are and, if you represent a group, give the name of the group. At the beginning of your remarks, state that you are testifying in support of the bill. Relate your group’s or your own experience or views directly to the issue.

If you are asked a hostile question, keep a cool head. Don’t be afraid to stop and think for a minute to answer a question properly. If you don’t have the answer, never guess—request permission to file a detailed response at a later date.

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Michigan Breastfeeding Legislation Sponsors

Angela White, J.D., breastfeeding counselor — Sat, 19 Sep 2009 06:18:14 +0000

Great news out of Michigan this month! State representatives Rebekah Warren and Tonya Schuitmaker plan to introduce a resolution and a bill in support of mothers’ right to breastfeed. Rep. Warren states:

Michigan is one of only a handful of states that still fails to protect breastfeeding moms from being harassed, segregated, or otherwise discouraged from breastfeeding in public. Breastfeeding moms must be allowed to feed their infants wherever they may otherwise legally be. This is more than a lifestyle choice; it is an important health choice.

While the bill has not been formally introduced in the House yet, it appears that it will be the kind of bill lactivists particularly like to see — the kind that treats breastfeeding as a civil right. Representative Warren made the call for action:

Let’s add breastfeeding mothers to the list of those protected under Michigan’s Elliott-Larsen Civil Rights Act. No longer will Michigan’s breastfeeding mothers be banished to feed their children in toilet stalls and broom closets.

This legislation is a long time in coming. Remember way back in February 2007 when I wrote about a Lactivist Call for Change in Michigan after a mother was told she could no longer breastfeed her son at daycare? Good thing breastfeeding advocates in Michigan have been busy since then. In August the Michigan Breastfeeding Network submitted a petition to state legislators:

We, the undersigned, are concerned citizens who urge our leaders to act now to support the following: A mother may breastfeed her child in any location public or private, where the mother is otherwise authorized to be present.

It’s clear those grassroots efforts paid off! Good work Michigan lactivists and thank you Representatives Warren and Schuitmaker for agreeing to co-sponsor the breastfeeding bill.

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The Epitome of Peacefulness

Angela White, J.D., breastfeeding counselor — Thu, 17 Sep 2009 16:54:28 +0000

This week’s breastfeeding picture embodies the epitome of peacefulness! As this mother and baby picnic in the meadow, you can practically see the breastfeeding hormones prolactin and oxytocin working to relax the baby and mother and to promote bonding between the two.

Photo by c_r_z on flickr.com

I think it’s lovely how breastfeeding helps a family get out into the fresh air together. I often hear women say “I can’t do [X] because I’m breastfeeding” (whether that’s true or not) and so I think it’s really important to highlight what mothers can do (or at least can do more easily) because they are breastfeeding!

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Photo of Toddler Nursing at a Wedding

Angela White, J.D., breastfeeding counselor — Wed, 26 Aug 2009 05:43:23 +0000

Remember this Mom-to-Mom question asking for tips for traveling with a nursling and for advice about nursing in a dress at a wedding? This toddler nursing photo addresses the second part of the question by demonstrating one way of breastfeeding while wearing a fancy dress. The mother in this case wore a nursing bra underneath a dress that could be pulled aside at the top.

Photo by David Owen

What a darling little flower girl! I suspect that toddler nursing break was just the thing she needed to re-charge and re-connect during the excitement of the wedding and reception! Her mother looked gorgeous too and I think it’s great she didn’t have to retreat to another room to hike up a dress in order to nurse.

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Sewing Patterns for Nursing Clothes

Angela White, J.D., breastfeeding counselor — Tue, 25 Aug 2009 07:17:03 +0000

Even a beginning sewer can sew nursing clothes for herself or as a baby shower gift. While special nursing clothes are certainly not necessary (and can be very pricey!), these patterns provide a frugal option for nursing mothers. In addition to the free instructions for breastfeeding projects available here on Breastfeeding 1-2-3, I have compiled a list of sources for sewing patterns for breastfeeding clothes.

Photo by Maira Kouvara

Nursing Clothes Pattern Retailers

Blessed Designs – click on “Nursing Patterns” in the sidebar and you can find patterns for nursing lingerie (nursing sleep bra, nightgown, camisole and tummy cover), a hoodie sweatshirt and jacket, and nursing shirts.

Elizabeth Lee Designs – offers an entire Nursing Classics line with several patterns for nursing tops, nightgowns, swimsuits and coverups, dresses, slips, and jumpers.

Sew Baby – offers a collection of nursing patterns including ones from Blessed Designs, Elizabeth Lee Designs, Kwik Sew, and SewFast Nursing Designs.

Jalie – highlights a few shirt patterns that function as discreet nursing tops.

Kwik Sew – features a pattern for a maternity nursing gown. I have linked directly to the pattern but if you are outside the United States, you might wish to visit the main page to select your country.

Baker Lane Dressmaking and Design — “Catherine’s Choice” is a particularly modest dress that serves as a maternity dress followed by a nursing dress.

Common Sense Patterns – offers another modest women’s shirtwaist nursing dress that includes an option for a shawl to use as an extra nursing cover. (Note that this company is currently up for sale so check availability).

For Help with Your Nursing Pattern Sewing Projects

There is a Nursing Mothers’ Sewing List for e-mail support. Its pattern sources page also lists out-of-print nursing patterns like Butterick #6553 and McCall’s #8254 which sometimes can be found on eBay and the like.

Your Projects

Do you have a nursing pattern you particularly like? Do you have any tips for sewing nursing clothing? Please leave a comment!

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Breastfeeding Laws in the News

Angela White, J.D., breastfeeding counselor — Mon, 24 Aug 2009 08:07:08 +0000

It never fails to amaze me how companies manage to get themselves into hot water for failing to follow the law regarding breastfeeding in public or in the workplace! Here are just a few of the most recent incidents.

Acosta Tacos: The owner of Acosta Tacos in Los Angeles, California has been ordered to pay Marina Chavez $21,645.00 in lost wages plus $20,000.00 for emotional damages after the owner fired Chavez for breastfeeding her baby on her breaks. In this groundbreaking case, the California Fair Employment and Housing Commission found that breastfeeding is intrinsic to the female sex and thus breastfeeding discrimination is sex discrimination under the Fair Employment and Housing Act (FEHA). The owner was also ordered to pay a $5,000 fine, establish a written policy on sex discrimination, and post a notice regarding the company’s FEHA violation.

Photo by Hattisburgmemory

Olive Garden: In Michigan City, Indiana, Maggie Naas was asked to move to the restroom to breastfeed her baby because, according to that Olive Garden restaurant’s manager, she was not being modest enough.

Chick-Fil-A: Thirty breastfeeding women staged a nurse-in at a Florida Chick-Fil-A after a mother was asked to cover her nursing baby with a towel. The mother attempted to contact the local and corporate management and apparently received no response. (One of my favorite pictures from the nurse-in shows the Chick-Fil-A mascot, a cow, looking on as a woman nurses. There’s a joke in there somewhere!)

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I Want to Remember Today

Angela White, J.D., breastfeeding counselor — Mon, 29 Jun 2009 06:13:04 +0000

Today my husband took my older girls to a major league baseball game while I stayed home with my 11-month-old. The minute her sisters (i.e., the entertainment) left she started fussing! Who wants to stay home with boring old mom anyway?! Now I say this in the most loving way possible: this child is like a dog, if only in the sense that she goes to the door, bangs on it with her hands and yells until I say we’re going out! She wants to be where the action is, there’s no mistaking that.

My baby in the Baby Jogger stroller

So we headed out the door for a nice long walk. I put her in the Baby Jogger, and of course then she was all smiles! Part way through the walk she fell asleep and I stopped to read a book on a park bench underneath a pepper tree. When my daughter woke up flushed from sleep and the heat, I pulled her into my lap and she nursed contentedly until she popped off and beamed another big smile at me! We set out again, and she stayed happily in the stroller for another fifteen minutes or so. Then it was back to my arms for the rest of the way home. We must have looked quite the sight — me holding the baby in one arm and pulling the Jogger with the other (it was too hot for the sling I’d brought) because a kind woman pulled her car over to ask if I wanted a ride. I was quite happy and near home anyway, so I politely declined. The baby and I continued, with one more pit stop to play on the grass in the shade of the trees. All in all we were out for over an hour and a half. I had brought water for me, my cell phone and keys, a book, and some diapers, but that was enough to see us through for a grand adventure!

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