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Subject:
From:
Liz Baldwin <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Fri, 14 Mar 1997 18:02:32 -0500
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 I received the attachments with NY law in it... I noticed at the end of it
a note was posted saying that there may be a penalty of $5000 for violating it.

Wanted to clarify that for you all...  when the NY bill was first passed,
Associated Press reported specific penalties and fines for violating it.
This was republished in various newspapers around the United States. The
next day they retracted it - this was NOT republished. Reason: The law does
not provide for specific penalties. The way it works is that they placed the
law under the Civil Rights Act in NY. Thus, whatever remedies one may have
for violation of civil rights would apply to this situation. I personally do
not know what those remedies are. However, I would guess that the 'note
attached to the bill' was based on that AP report...

By the way, I am not aware of any action brought in NY for a violation of
this section. Generally, most establishments will change their position once
educated in the importance of breastfeeding, and the reason why legislation
is enacted.

If any of you want to see a complete list of states that have enacted
legislation, with the pertinent language from their bills, look at the most
current legislation article up on LLLI's Web Page, off of the Breastfeeding
and the Law page:

www.lalecheleague.org/LawMain.html.

NY is a good one - the language is virtually identical to Florida's ( it was
taken from Fla's bill). Nevada is another good one, with more updated
preambles. NY is unique in that it is the only state that does provide a
remedy for mothers who are told to stop breastfeeding. If NJs goes through,
it will be the 2nd in the nation.

Kathleen informed me that  Washington's bill exempting breastfeeding from
the criminal statutes did not make it. It wasn't all that strong anyway -
hope they can do better next time.

Liz Baldwin
_______________________
Elizabeth N. Baldwin,  Esq.        Baldwin & Friedman, P.A.
2020 N.E. 163rd St. # 300          N. Miami Beach, Fla. 33162-4970
Phone:  305-944-9100                Home office: 954-929-9090
Fax:  305-949-9029                    [log in to unmask]
http://www.parentsplace.com/shopping/esq/index.html
Breastfeeding and the Law:  http://www.lalecheleague.org/LawMain.html

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