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Tue, 20 Jun 2006 00:27:53 -0700 |
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Greetings,
LLL Leaders in Texas are aware of the incident in Austin last year. Our Professional Liaison department has a Legal Associate Area Professional Liaison (AAPL) who was very quick to respond to Leaders questions about their role. Melissa Vance explained here (on lactnet) that the Texas law is a Health and Safety code law not a civil law. Many Leaders wondered what to say when Moms called about this incident, our legal AAPL suggested we respond as follows:
Regarding what to tell mothers in view of what happened at the 620 Cafe in Round Rock last year. A "nurse in" was held at the restaurant after some mothers were told they could not breastfeed in the restaurant. The police were called and there was some publicity.
To answer the many questions, remember that our role as Leaders is to give mothers information. We do not give legal advice. We do not interpret the law for them. We do not tell a mother what her legal rights are or tell her what she should do. A mother should consult with an attorney for answers to those questions. So, Leaders may tell mothers what they have always told them - that there is a law in Texas that states that a mother may breastfeed her baby in any location where she has a right to be.
Some Leaders felt disillusioned about this law and its effectiveness. As always, our own personal experience should be used sparingly in helping mothers. What happened to the mothers at Round Rock is not typical. And a law that has been violated is still a law. LLL of Texas is presently tracking every situation in which a mother is asked to leave a public place for breastfeeding and keeping a record of the occurrence in a permanent data base in the hope of aiding public policy makers working with the Texas legislature.
Well, what CAN we tell mothers who ask us questions about nursing in public and the current law? We can read the law to them, exactly as it is written.
We can tell them what has worked for other mothers in previous situations. I sense from some recent lactnet posts that you are not pleased with the Round Rock events. The restaurant did not get told they were in the wrong. The police and others may have viewed the mothers as a mob of radicals. We know that other mothers have handled violations in different ways, such as writing a letter to the business establishment, informing them of the law and asking them to contact their attorney about it. I'm not saying the mothers did anything wrong. They interpreted the law for themselves and acted accordingly. However, I think the situation in Round Rock made everyone aware that one group's legal right often comes into direct opposition with another group's legal right, and there is conflict. A mother nursing in public in Texas should be informed about the law and be prepared to do what she thinks is best.
Tracy Malone
Area Professional Liaison La Leche League of Texas
La Leche League of Texas Conference
Breastfeeding: Navigating the Future
for Families and Health Care Providers
July 20 - 23, 2006
Omni Marina Hotel, Corpus Christi, Texas
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