Janice kindly posted the news of a new breastfeeding ordinance that  
was passed by the Dane County, Wisconsin Board of Supervisors last  
night.  I was there and testified in behalf of the bill.  The  
legislator who introduced the bill, Carousel Bayrd, is a civil rights  
lawyer, and herself a nursing mother of an 11 month old daughter.   
She introduced the bill based on her personal experiences.  The text  
of the bill is: "No person shall interfere with a mother  
breastfeeding her child or expressing breast milk within any public  
accommodation where the mother would otherwise be authorized to be."

Contrary to the news release, it is my understanding that the  
ordinance covers only property under the control of the county, such  
as our regional airport, county parks and the zoo, not all settings  
everywhere within the county.  (This is similar to the federal bill  
which protects breastfeeding mothers on federal property).  It  
doesn't read like that, though, so it is confusing.  Another, similar  
ordinance will soon be introduced before the Madison City Council,  
and a breastfeeding bill that last year got tied up in committee in  
the Wisconsin State Senate will be reintroduced again this year.

The discussion at the County board meeting was very interesting (and  
frustrating).  All legislators who rose to speak prefaced their  
remarks with a statement supporting "breastfeeding, mom, and apple  
pie."  Each had an anecdote about how they or their family personally  
experienced breastfeeding.   Many then went on to raise objections to  
the bill.  I want to list some of those objections, so others that  
are working on breastfeeding legislation can better prepare to  
address these issues.

A common complaint was that the law was not needed.  Several said a  
state law already protects breastfeeding mothers.  (Actually, a  
Wisconsin bill that was signed into law on March 22, 1996, merely  
excludes breastfeeding from the definition of lewd and lascivious  
behavior.  It does nothing to positively affirm a woman's right to  
breastfeed free of harassment.)

One female legislator stated that she had breastfed and never faced  
the slightest problem, therefore the law was unnecessary.  "You can't  
regulate everything."  She called a witness from the county health  
department to testify that they already did a lot to support  
breastfeeding, and that no one had called the county health  
department to complain that they were harassed for nursing in public.

Some stated that it would be preferable to engage in education and  
support initiatives rather than work on legal measures to protect  
breastfeeding.

One male legislator questioned whether arrests for interfering with a  
mother's right to breastfeed would unnecessarily fill up tight jail  
space.  He was also concerned about the fine.  (The fine or jail term  
were not specific to this bill, but are for any conviction for being  
a "public nuisance."  It was agreed that a jail term would be  
exceedinly rare).    Another legislator asked how the sheriff's  
deputies could be expected to deal with disputes about whether a  
mother was really harassed if it ended up in a "he said, she said"  
argument.  Another questioned whether a man complaining about a woman  
breastfeeding would be charged with sexual harassment.  Still another  
related an anecdote that happened in Paris, France where a woman was  
publicly breastfeeding ("NOT discreetly,") and a man who could not   
help ogling had his wallet stolen by an accomplice of the woman while  
he was thus distracted.

No one commented on the bill's inclusion of a mother's right to  
express milk as well as to breastfeed in public.

In the end, the vote total was 23 in favor of the ordinance, 10  
against, and 3 absent.  Therefore it passed.

We breastfeeding advocates learned from this experience that we  
should have met together to prepare and coordinate our statements.   
No one knew who else was comiung to the hearing.  Each person who  
registered had only 3 - 5 minutes to speak.  Three of us registered  
and spoke.  Others registered in support of the bill but didn't  
choose to speak.  We were not permitted to enter into the later  
discussion or correct misconceptions or erroneous statements the  
legislators made.  No visual props were allowed.  (I had brought some  
posters of breastfeeding in public to emphasize that this was no big  
deal, such as the "Breastfeeding: Anytime, Anywhere" series from  
Canada, the "Give Your Child the Best, Breastfeed" photo of three  
breastfeeding women at an outdoor cafe, the "Loving Support Makes  
Breastfeeding Work" posters, and Vermont's "Breastfeeding is a  
special time for everyone.")

It was a waste of time to try to speak to the benefits of  
breastfeeding.  Everyone already agrees with this information.  What  
we needed to convey was why this particular bill was needed now.   
Unfortunately, the legislators had seemingly not read the  
testimonials submitted in writing ahead of time by mothers who  
suffered embarrassment or discrimination.  They didn't seem aware of  
recent cases in the news media, either locally or nationally, where  
mothers suffered harassment for breastfeeding in public.

Finally, I want to encourage all involved in legislative initiatives  
to look at the La Leche League web site at www.lalecheleague.org.   
Click on "Breastfeeding Information" and then on "Breastfeeding and  
the Law."  Under that there are topics for USA and for the World, a  
listing of current legislation for every state in the US, advice on  
wording of legislation, and much more.

Anne Altshuler, RN, MS, IBCLC
Madison, Wisconsin, USA
[log in to unmask]

> Date:    Fri, 5 Jan 2007 13:08:19 -0600
> From:    Janice Reynolds <[log in to unmask]>
> Subject: Ordinance Allows Mothers To Breastfeed Wherever They Want
>
> Ordinance Allows Mothers To Breastfeed Wherever They Want
>
> http://www.channel3000.com/news/10674443/detail.html
>
> MADISON, Wis. -- Dane County mothers are now able to nurse their  
> children
> anywhere they choose under an ordinance enacted Thursday night.
>
> The ordinance prohibits anyone from interfering with a  
> breastfeeding mother
> in any public place in Dane County.
>
> ( see link for full article)
>
>> Janice Reynolds

> Date:    Fri, 5 Jan 2007 13:21:04 -0600
> From:    Janice Reynolds <[log in to unmask]>
> Subject: Re: Ordinance Allows Mothers To Breastfeed Wherever They Want
>
> I just watched the video clip, (there is a link on the same page).
>
> The video clip seems to make it sound like you cannot "interfere" with
> breastfeeding moms, and there are fines ($10 - $100 for 1st  
> offence).  This
> would clearly answer the discussion of whether asking for someone  
> to move or
> cover is actually preventing them from breastfeeding (many  
> offenders have
> argued that they are not asking them not to breastfed, they are  
> only asking
> them to modify they way they breastfeed.)
>
> I think ordinances that specify that you cannot interfere with or  
> harass a
> bfing mom are the way to go.  And clear penalties would be very  
> helpful, and
> give teeth to these bylaws.
>
> Janice Reynolds
>

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