Jake Marcus stated:  "This mom could very well have been arrested for trespass and statements from Denny's regional management indicate Denny's and the local police were prepared to proceed with that." 



Can you elaborate on that (for those, like me, who aren't as conversant w/ the law)? 



I always go to:  http://www.ncsl.org/programs/health/breast50.htm   to check on relevant state statutes, and according to the site this is the NC law: 



N.C. Gen. Stat. § 14-190.9 (1993) states that a woman is allowed to breastfeed in any public or private location, and that she is not in violation of indecent exposure laws. (HB 1143) 



Clicking on the Statute link, I find this:  (b)       Notwithstanding any other provision of law, a woman may breast feed in any public or private location where she is otherwise authorized to be, irrespective of whether the nipple of the mother's breast is uncovered during or incidental to the breast feeding 



So if it's not illegal (i.e. not indecent) to BF in any public or private location where she is authorized to be, and if she's presumably authorized to eat at Denny's, how is that trespassing?  What am I missing?  Is the problem that a restaurant owner has the right to throw anyone out of the restaurant he wants, unless it's a protected class (e.g. can't throw a person of color out simply for being a person of color, but BFing woman isn't a protected class), so once he decided this woman wasn't wanted (b/c of BFing) she was trespassing?  Still doesn't make a lot of sense to me, since if she's legally allowed to BF there, I don't see why the owner can throw her out.  Someone who makes a habit of tossing people out of his restaurant isn't going to have a restaurant for long ... 



Thanks for the legal assistance! 



Confused in CT (with 3 laws on the books ... see below) Spencer 



Conn. Gen. Stat. § 31-40w (2001) Conn. Gen. Stat. § 31-40w (2001) requires employers to provide a reasonable amount of time each day to an employee who needs to express breast milk for her infant child and to provide accommodations where an employee can express her milk in private. (HF 5656) 

Conn. Gen. Stat. § 46a-64 (1997) prohibits places of public accommodation, resort or amusement from restricting or limiting the right of a mother to breastfeed her child. (P.A. 97-210) 

Conn. Gen. Stat. Ann. § 53-34b provides that no person may restrict or limit the right of a mother to breastfeed her child. 






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       E. Spencer Joslin-Montlick, MD 

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