On 29/01/2007, at 23:22, Barbara Latterner wrote:

> A LLL leader has asked me for any information on the legal rights  
> of a mom
> who is being denied access to her 3 mos old to breastfeed on school  
> grounds
> during her lunch break.  All mom has told her is that there is a  
> new ruling at her
> school that the children of staff (she is a social worker with a  
> private
> office, too) are not allowed on school grounds.  The mom was told,  
> however, that
> she could nurse the baby in her car (mom's mother brings baby to  
> her).  This is
> a public school.
>
> Besides LLL as a resource which Leader plans to contact, any other  
> ideas?
> This school is in Westchester county, NY (mom has given permission  
> to post).
> This seems to me to be a health issue and one that should be an  
> exception to the
> rule.

The Breastfeeding and the Law page at LLL says that New York law states:

"NY CLS Civ R § 79-e (Article 7 Miscellaneous Provisions).
1994 N.Y. ALS 98; 1994 N.Y. LAWS 98; 1994 N.Y. S.N. 3999
§ 79-E. Right To Breast Feed.
Notwithstanding any other provision of law, a mother may breast feed  
her baby in any location, public or private, where the mother is  
otherwise authorized to be, irrespective of whether or not the nipple  
of the mother's breast is covered during or incidental to the breast  
feeding."

Not "where the baby is authorised to be", but the _mother_.

It sounds to me like the school doesn't have a legal leg to stand on.

Lara Hopkins
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