Dear Lactnetters,
       I am looking for a little advice as to definition of bf "in public".
First, let me assure you all that I did remind this mother that I am not a
lawyer and she just might need to consult one, but I told her I would post to see
if anyone here has more information for us.  A mother was breastfeeding her
baby at the YMCA in the "children's room".  Her older child needed to use the
restroom, so mom took him, with baby still nursing.  The childcare workers at
the Y got all upset and told the mother she couldn't nurse like that because
the little boys would see her.  The mom took in a copy of the Illinois law that
says (basically) that it is not indecent to breastfeed in public, and
information from the La Leche League website that she has the right to breastfeed
wherever she has the right to be.
       A manager at the YMCA then told her she must now breastfeed in the
special needs locker room because other patrons "don't want to see that".  When
she repeated the law, she was told that the YMCA is a private institution and
does not need to abide by that law.  The manager said that he had contacted the
YMCA's corporate counsel and that lawyer said YMCA staff could tell the
mother where she was "allowed" to nurse.
       My thoughts:  1.  If that is the case, then the law is fairly useless,
because many restaurants, discount stores, even hospitals, are privately
owned, not owned by the government.  Or does the difference depend on whether the
stock is publicly traded?  (i.e. anyone who owns stock is a partial owner, so
therefore is the company "publicly owned"?)
       2.  Even if the YMCA is privately owned, they are not a members-only
facility.  Although they sell memberships, non-members are allowed to take
classes there for a higher fee than members, and guests can use the pool for a
fee.  So, it seems to me that the YMCA is therefore "open to the public", and
should need to follow the law.
       Has anyone encountered this before, and if so, what outcome?  Any
lawyers in this group who can provide further information about the definition of
"public"?
       I appreciate any insight you can share.
       Dee

Dee Kassing, BS, MLS, IBCLC
Collinsville, Illinois, in central USA

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