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From:
Baldwin & Friedman <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Sun, 17 Sep 1995 00:25:21 -0400
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        I received an e-mail asking about how Nevada's new legislation is
different from the rest.  Before I answer that, let me say a little about
the new brf legislation.

         Breastfeeding legislation has been enacted in ten states over the
past two years, and many more states have pending bills. The legislation
typically clarifies the fact that breastfeeding is not indecent exposure,
and thus not criminal behavior.  Most of the states have gone further than
this, and have made it perfectly clear that a woman has a right to
breastfeed any place she has the right to be. New York has gone furthest, in
that mothers are provided with a remedy if they are prevented from
breastfeeding.  New York's law protects the right to breastfeed in public as
a mother's civil right!
        This legislation is being enacted not because it is currently illegal to
breastfeed in public, but because it is the public perception that
breastfeeding is indecent exposure. There are no laws anywhere that prohibit
breastfeeding, or tell a mother how long she can breastfeed.  Mothers have
the right to breastfeed in public, and the new breastfeeding legislation
clarifies this right. It is hoped that enacting legislation guaranteeing the
right to breastfeed in public will help to remove just one more stumbling
block from a mother's decision to breastfeed or continue breastfeeding.

Now, on to Nevada's legislation:

NEV Senate Bill 317, 1995:      Creates a new law (under Ch. 201 of NRS) that
states a mother may breast feed her child in any public or private location
where the mother is otherwise authorized to be, irrespective of whether the
nipple of the mother's breast is uncovered during or incidental to the
breast feeding.  This new law also lays out an updated version of Florida's
1993 bill, giving health benefits to mother and baby,  recommendations of
AAP, UNICEF and WHO.  Also amends criminal statutes stating that breast
feeding of a child by the child's mother does not constitute an act of open
or gross lewdness, or an act of open and indecent or obscene exposure of her
body.

Note that it refers to 'child' rather than infant or baby!  Also, the health
benefits, and recommendations of the AAP, etc. are contained NOT just in the
body of the bill, but in the new law itself.  This is rare.  Most states lay
out this info in the bill only, which means that no one sees it when they
look up the law.  Nevada is the first state to give more updated health
benefits, including if all women brf. for 2 years, breast cancer could
decline in this country by 25%.

Good job, Nevada!!!!!!!!!

                                                          Liz Baldwin
Elizabeth N. Baldwin, J.D.     Baldwin & Friedman, P.A.
Attorney specializing in breastfeeding and the law; Leader
E-mail:  [log in to unmask] -or-  [log in to unmask]
Internet Communications of America, Inc.

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