Breastfeeding laws...

[jessca06]

The incident at Whole Foods got me thinking...is there anywhere (store, restaurant, etc) that I (or any BFing mother) could be that someone can legally ask them to not breastfeed or ask them to leave because they are breastfeeding? I'm in Texas and as far as I know, the law says that a mother is entitled to breast-feed her baby in any location in which the mother is authorized to be. I've never been asked to stop BFing or leave but am always worried that I will be and want to be sure that I know my rights.

[naura]

it depends on the state and the wording i think... from what I read about the law in texas I think they do have the right to have you leave or stop on private property.

here is what I was reading http://answers.yahoo.com/question/in...6142428AAgESEN

yes, the texas law does leave a loop hole open for ''private'' places such as a restaurant or a store.

I read the utah law today (due to the whole foods thing) and it specifically states that breastfeeding is NOT a lewd act which gives people in that state who breastfeed more leeway. utah also has a little thing about a nursing child in case of child custody issues.

sorry more reason to push legislation for clear and specific wording in the laws!

Twenty-eight states, the District of Columbia and the Virgin Islands exempt breastfeeding from public indecency laws. (Alaska, Arizona, Arkansas, Florida, Illinois, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, Wisconsin and Wyoming.)

only 28 STATES!!!!

[naura]

oh i noticed that california isn't on the list but i just wanted to add that california law states

"Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and the child are otherwise authorized to be present."

so you would be protected.

[cherrycoke]

Maryland is the same, nursing is permitted wherever mothers and babies are allowed to be. I haven't had any issues so far, thankfully

[missdawn25]

NJ law also allows for breastfeeing in public....I actually have little business cards with the law on it so if anyone ever said anything to me I would show them the law. No one has though and I have nursed all over, including Whole Foods.

[Spunkify]

This site is a very good, reputable, one for breastfeeding laws. They even link to the law itself: http://youcanbreastfeedhere.com/breastfeeding-laws/

I haven't looked at all the states but for the states that I've lived in and nursed in most of my breastfeeding time (NC and NY) and PA (because we're close to the border and my OB and hospital I will be delivering is) the answer is no. No one has any legal right to ask them to leave or ask them to stop breastfeeding whether in public or private, if she covers or not.

[Greenbabybottoms]

Originally Posted by naura "Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and the child are otherwise authorized to be present." so you would be protected.

Unfortunately, this law is basically a huge loop hole. It's that first part "Notwithstanding any other provision of law". So while someone cannot really ask you to stop breastfeeding or ask you to leave for breastfeeding a private business has the right to refuse service to anyone at anytime so yes, they could ask you to leave and once a business owner has asked you to leave and you refuse then it's not a breastfeeding issue it's a trespassing issue and you could face charges for trespassing. Most nursing mothers don't understand this part of the law where they can indeed be asked to leave a private business but at the same time most business owners don't understand the part of hte law where they do have the right to ask a mother to leave so generally if a nursing mother can quote the law the business will back down.

The law in many states is worded exactly this way though, I know for a fact NC law has this exact or almost exact wording.

[RedheadMom09]

Originally Posted by Greenbabybottoms Unfortunately, this law is basically a huge loop hole. It's that first part "Notwithstanding any other provision of law". So while someone cannot really ask you to stop breastfeeding or ask you to leave for breastfeeding a private business has the right to refuse service to anyone at anytime so yes, they could ask you to leave and once a business owner has asked you to leave and you refuse then it's not a breastfeeding issue it's a trespassing issue and you could face charges for trespassing. Most nursing mothers don't understand this part of the law where they can indeed be asked to leave a private business but at the same time most business owners don't understand the part of hte law where they do have the right to ask a mother to leave so generally if a nursing mother can quote the law the business will back down. The law in many states is worded exactly this way though, I know for a fact NC law has this exact or almost exact wording.

I can't help myself, I have to correct this (law degree here.) The term "Notwithstanding" is a legal term that means "in spite of" or "despite" or "without regard to". The phrase "notwithstanding any other provision of law" means that what comes after that phrase is controlling over any other law that might contradict it. It is not a loophole, it is a way of strengthening the law.

In the scenario you gave, of a business owner refusing service to someone who was breastfeeding, they would most likely be considered in breach of the law because they are refusing service to a customer who is performing a legally protected act because that customer is performing a legally protected act. The reason matters. A breastfeeding customer who was asked to leave for being drunk and disorderly (not a legally protected action) is a different matter from one who is asked to leave simply because she is breastfeeding (a legally protected action.) Of course, what remedy the customer would have would depend on the law, if the law didn't specify an enforcement mechanism then there's not much that can be done. It would be a 'right without a remedy' but that's another discussion.

[Greenbabybottoms]

Originally Posted by RedheadMom09 I can't help myself, I have to correct this (law degree here.) The term "Notwithstanding" is a legal term that means "in spite of" or "despite" or "without regard to". The phrase "notwithstanding any other provision of law" means that what comes after that phrase is controlling over any other law that might contradict it. It is not a loophole, it is a way of strengthening the law. In the scenario you gave, of a business owner refusing service to someone who was breastfeeding, they would most likely be considered in breach of the law because they are refusing service to a customer who is performing a legally protected act because that customer is performing a legally protected act. The reason matters. A breastfeeding customer who was asked to leave for being drunk and disorderly (not a legally protected action) is a different matter from one who is asked to leave simply because she is breastfeeding (a legally protected action.) Of course, what remedy the customer would have would depend on the law, if the law didn't specify an enforcement mechanism then there's not much that can be done. It would be a 'right without a remedy' but that's another discussion.

But most states do lack an enforcement provision. I belive it is only 11 (maybe 12) states that actually have an enforcement provision.

[CEVmommy]

If you can breastfeed in any location you are OTHERWISE authorized to be in, then I think it means that if you are allowed to be there when you are not breastfeeding, then you are also allowed to be there when you are breastfeeding. That's how I look at it anyway. If you are trespassing, then you are not allowed to breastfeed there.