Lactnetters,
A friend forwarded this to me yesterday. My apologies if it has already
been posted, I didn't see it on the list. Nothing we didn't already know,
but nice to see it in print.
Dawn Martin
Austin, TX
________________________________________________________________
COMMENTARY
Breastfeeding in Public Is a Basic Civil Right
By Nancy M. Solomon - WEnews commentator
Editor's Note: The following is a commentary. The opinions expressed are
those of the author and not necessarily the views of Women's Enews.
LOS ANGELES (WOMENSENEWS)--Exposed breasts. They are all over the media: in
movies, magazines, even television. But put a nursing infant anywhere near
those breasts and suddenly some people are offended.
Just last month the California Women's Law Center staged a nurse-in with
more than 70 breastfeeding mothers at the Santa Monica Place Mall after a
mall security guard told a woman she was being "indecent" while nursing her
infant in the food court.
In December, a woman nursing in a restaurant at a Las Vegas casino was told
that she would need to "go somewhere more private." And in March, a woman
was denied entrance to a public zoo in Orange County, Calif., because she
intended to breastfeed on a bench inside the zoo and the attendant feared
that "children might see."
In June 2001, a woman in San Mateo, Calif., was asked to stop breastfeeding
at a public pool. She was told that her actions violated public health codes
and constituted indecent exposure and nudity. Pool staff later informed her
that they were afraid her breast milk "might infect the pool water."
What many people do not know is that breastfeeding in public is legal in
every state. A mother does not need to "cover up" or go somewhere more
private. More than half of states have laws specifically protecting this
right, but even in those that do not, it is still legal to breastfeed in
public.
Breastfeeding laws fall generally into two categories. Some states simply
exclude breastfeeding in public from the state's criminal laws regarding
indecent exposure or obscenity, so that a woman cannot be charged criminally
for nursing in public. In these states, a woman who is harassed for
breastfeeding in public can sue under other laws, such as those prohibiting
sex discrimination in places of public accommodation.
Other states, such as New York and California, offer stronger protection in
the form of civil statutes protecting a woman's right to breastfeed in
public. Under these laws, mothers may sue for civil rights violations if
they are prevented from breastfeeding in public. Federal law also protects
nursing mothers, although it only ensures them the right to breastfeed in
public if they are on federal property.
Recognizing that discrimination against nursing mothers is a national issue
with implications for our country's health, the American Medical Association
in May adopted a resolution urging states to pass legislation protecting a
mother's right to breastfeed in public. But any legislation passed should
not merely make nursing in public an exception to a state's obscenity or
indecent exposure laws, but should guarantee breastfeeding as a civil right.
Breastfeeding Adds to Mothers and Infants Health
When someone asks a woman to cover-up during breastfeeding or move to
someplace more private, it is often because this person is sexualizing the
act of breastfeeding rather than viewing it as a natural, nurturing act.
What people do not realize is that many infants cannot eat while covered up
and a nursing mother should not be made to feel embarrassed for feeding her
child.
Too many women have been made to feel this way, including one woman who was
asked to stop breastfeeding in the children's section of a Borders Books and
Music store in Glendale, Calif. In 1999, the California Women's Law Center
sued Borders on behalf of this nursing mother. Borders settled and agreed to
educate its employees about the right to breastfeed in public.
Even after the Borders case, many people continue to harass breastfeeding
mothers. Unfortunately, in states with no laws about breastfeeding in
public, individual courts will determine the extent of a nursing mother's
right.
For example, in Derungs v. Wal-Mart Stores Inc., a district court in Ohio
held that discrimination against breastfeeding women is not sex
discrimination in violation of Ohio's public accommodation laws. Ohio
currently has no law protecting a woman's right to breastfeed in public and,
so while a woman still has the right to do so, it is not illegal for someone
to harass her for doing so.
Breastfeeding Should Be Encouraged, Not Hidden
Too often forgotten in discussions about the right to breastfeed in public
is the reason women choose to breastfeed. In addition to strengthening the
bond between mothers and their babies, breastfeeding offers significant
health benefits for the child. Babies who are breastfed have lower rates of
meningitis, childhood leukemia and other cancers, diabetes, respiratory
illnesses, bacterial and viral infections, diarrheal illnesses, allergies
and obesity. For these reasons, the American Academy of Pediatrics
recommends that breastfeeding continue for at least 12 months.
Moreover, breastfeeding offers significant health benefits to nursing
mothers, including reduced risks of breast and other types of cancers, as
well as osteoporosis.
As a society, we must support mothers who are contributing to the well being
of our nation by breastfeeding. Asking a breastfeeding mother to nurse in a
bathroom or cover herself up is an unnecessary barrier to breastfeeding and
the mere fear of such intervention causes many mothers to either never begin
breastfeeding or to prematurely wean their infants.
The California Women's Law Center is committed to protecting a mother's
right to breastfeed in public. Our hope is that through education and
legislation, nursing mothers will be treated with respect and more women
will be encouraged to engage in this very nurturing act.
Nancy M. Solomon is the senior staff attorney at the California Women's Law
Center, which works to secure justice for women and girls by ensuring,
through systemic change, that life opportunities for women and girls are
free from unjust social, economic and political constraints.
For more information:
California Women's Law Center: - http://www.cwlc.org/
La Leche League International: - http://www.lalecheleague.org
Breastfeeding Taskforce of Greater Los Angeles: -
http://www.breastfeedingtaskforla.org/
________________________________________________________________
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