An important note on the description of the Ohio and New York public 
breastfeeding cases: both of these cases were out-of-court settlements so 
did not create legal precedent for NIP law enforcement in either state - 
they were not technically legal wins.  In the Ohio case, the Ohio Human 
Relations Commission did issue a very important early ruling in that case 
saying that breastfeeding discrimination is discrimination on the basis of 
sex.  Please note that that ruling was *not* based on the Ohio state public 
breastfeeding law but on a (very favorable) interpretation of the Ohio Civil 
Rights Act. Since a federal court has already held that the Ohio Civil 
Rights Act does *not* protect breastfeeding, it is not clear whether the 
Commission ruling would have withstood a challenge. So while both of these 
cases are clearly wins for public breastfeeding, they are not actually 
successfully litigated cases since they settled prior to a consideration of 
the cases.  Also, neither the Ohio nor the New York public breastfeeding 
laws have enforcement provisions under which to bring a lawsuit.  I haven't 
been able to find out what the legal basis of the New York lawsuit was.

Jake Marcus, J.D.

> Date:    Tue, 31 Jul 2007 08:21:08 -0700
> From:    Judy Ritchie <[log in to unmask]>
> Subject: Mothering breastfeeding blog--legal news on NIP
>
> Nursing in Public reports.
> Judy Ritchie
>
> http://breastfeeding.blog.motherwear.com/
>
> See last item at bottom:  Illinois new moms get a card from the First =
> Lady
> of the state that breastfeeding is a legal right--and to spread that =
> word.
>
> July 18, 2007
> Maine and Ohio moms win nursing in public cases, and the California =
> Attorney
> General wants your story.
>
> I looked back over the last few weeks' posts, and there sure is a lot on
> nursing in public.=A0 This does seem to be a banner year in legislation =
> and
> news stories on the topic.
>
> In many states nursing in public statutes haven't been put to the test, =
> so
> it's pretty encouraging to read the following cases in which the law was
> enforced and mothers' rights were upheld.=A0
> =20
> *First, in New York, a Maine mother won a $3,600 judgment against =
> watchmaker
> Fossil for prohibiting her from nursing in a showroom.*
> In August 2006, while meeting with a salesperson in a Manhattan =
> showroom, Ms
> King was told she was making others feel uncomfortable by breast-feeding =
> her
> eight-month-old son, Cody.=20
> Ms King was taken to another floor to finish feeding Cody but was then =
> not
> allowed back into the showroom.=20
>
>
> *Next, the Ohio Human Rights Commission has ruled in favor of a woman =
> who
> was nursing at Lifestyle Family Fitness and was told to move to the =
> locker
> room.=A0 The company maintains that the nursing mother violated the rule =
> that
> patrons "wear shirts at all times."=A0 The mother, needless to say, was =
> fully
> clothed and not at all exposed.=A0 If the case can't be resolved at the
> Commission, it'll get referred to the State Attorney General for
> prosecution.=A0 From the statements below it looks like that's where it =
> may
> go.*=20
>
>
> *Finally, I've seen a request circulating from the California Attorney
> General's Office for stories from California nursing moms who have been
> discriminated against in business establishments and other public =
> places.=A0
> The office is looking for specific information (date, location, the act,
> whether the mother was asked to cover up or leave).=A0 This information =
> is to
> be used only for the purposes of research and not for any public =
> use.*=A0
> Mothers with stories are encouraged to contact:=A0 Sunny Sarkis, Civil =
> Rights
> Enforcement Division, State of California, Department of Justice,
> Sacramento, CA 95814, 916-324-4085, or email Sunny Sarkis.
> [log in to unmask]
>
> A surprise in the mail.
> Raenyn from Illinois, shown to the left with her daughter Sasha, sent me =
> an
> email when she got something unexpected in the mail - a card from the =
> First
> Lady of Illinois, Patricia Blagojevich, which reads:
>
> "Dear Illinois Mother:
>    Congratulations on the new addition to your family. As a mother of =
> two
> young daughters, I know how special this time can be, and want to take a
> moment to make sure you know about a new state law that directly affects
> you.=20
>    The new law makes it illegal to prohibit women from breastfeeding in
> public places. It is every woman's right to breastfeed her child in any
> place, public or private.=20
>    Please help spread the word to all mothers that prohibiting them =
> from
> breastfeeding in public places is not only wrong, it is now illegal. =
> Again,
> congratulations.=20
>    Sincerely,
>    Patricia Blagojevich, First Lady"
>
> Nice surprise, huh?  But I can't figure out how they know that they're
> writing to nursing moms.  Or maybe they're sending it everyone.  Your
> thoughts? =20
>
>             ***********************************************
>

             ***********************************************

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