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Subject:
From:
Melissa V Kirsch <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Sun, 26 Jan 1997 19:01:29 PST
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There appear to be three types of BF legislation. One would be "criminal"
in nature, making it clear the BF was not indecent exposure or other
related crime.  This would mean a woman could not be arrested for BF her
child.  A woman who would be asked to leave an establishment would have
no recourse, but if she refused to leave,  such a statute would prevent
her from being arrested on the basis of nursing.  In other words, the
owner could not call the police to have her removed since she was not
doing anything illegal. However, most moms aren't going to wait around,
and will leave.  She shouldn't be arrested for trespassing, but it is a
possibility.  (In NJ a defense to trespassing exists which would likely
cover such a mom, but I don't know the NC trespass statute).

The second type, which is NYs and was originally the bill in NJ, is to
making the right to breastfeed a civil right meaning moms could sue the
owner of an establishment that interfered with this right.  The
restaurant lobby hates these types of bills, and that's why, at one
point, NJ's bill was amended to force women into designated areas--a
restaurant owner did this.I believe NY is the only state giving BF civil
rights protection.

The third type, which is before the NJ assembly right now (NJ senate
having passed it) recognizes a woman right to BF in public, and makes it
a health department violation with fines starting at $25 to be imposed by
the local, county or state health departments.  It means BF is not a
crime, and it is protected, but a woman would not be able to sue the
establishmen which violated her rights.

I don't know if Liz Baldwin is on this list--she's the expert in this
field, and might know more.

Melissa Kirsch, Esq. (who gets to use some initials today ;-).

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