http://www.tribnet.com/news/local/story/1869070p-1983320c.html

Nursing mother sues Fife
Jason Hagey; The News Tribune

A Tacoma mother removed from the City of Fife swimming pool two years ago for
breast-feeding her child has filed a lawsuit against the city, claiming its
lifeguards violated her civil rights.

Laurene Waldherr said she felt harassed and humiliated over the Sept. 18,
2000, visit to the pool after a lifeguard asked her to leave the water and
sit in nearby bleachers because of concern over "leaking bodily fluids."

She filed a $250,000 claim against the city in March 2001 and managed to win
an apology, but the city denied any wrongdoing and refused the claim.

Waldherr and her husband, Bart, followed the claim with a lawsuit filed
earlier this month in Pierce County Superior Court.

It seeks unspecified damages.

Waldherr could not be reached for comment Friday. Her attorney, Roger
Cartwright, declined to talk about the case.

Bob Christie, an attorney for the City of Fife, said it is unfortunate the
Waldherrs decided to sue over the matter.

The city has transferred the case to federal court because of the alleged
civil rights violations, and Christie said he hopes to get it dismissed.

"There was no intent ever to cause this woman any discomfort or single her
out," he said. "It had everything to do with where she chose to nurse her
child, not whether she chose to nurse her child."

In her lawsuit, Waldherr claims she had been swimming for about a half-hour
when her son needed feeding.

She left the pool and moved to the top step of the children's pool, where she
began breast- feeding him.

She made sure her swim top was pulled up in such a way that no part of her
breast was exposed and no fluids were leaking into the pool, the suit claims.

After five minutes, a female lifeguard approached and asked Waldherr to leave
the pool.

When Waldherr asked why she was being asked to leave, she claims the
lifeguard answered, "There are no leaking bodily fluids allowed in the pool."
After she finished feeding her son, Waldherr claims she wasn't allowed to
return to the pool.

In her claim, Waldherr said the incident caused her anxiety about breast-
feeding in public and required her to seek counseling.

Public health officials have said they don't believe that minor amounts of
breast milk in a public pool pose a significant health risk.

But Christie said the lifeguard received training that warned about the
possible health hazards of breast milk in a public pool.

"It wasn't a judgment call she made out of whole cloth," he said.

Jason Hagey: 253-941-9634
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