Hello all. I am back on this list, and more than willing to answer any legal
questions.
Although as many of you know my passion is the family law cases
(breastfeeding and divorce or separation, where custody and visitation
decisions can jeopardize the breastfeeding relationship), I noticed that two
other issues were raised in the first digest I received - breasfeeding in
public, and breastfeeding legislation.

BREASTFEEDING LEGISLATION:
I am not aware that Washington's died in committee yet. They were trying to
do something new - give a mother a right to breastfeed at work! No, not pump
at work, but be allowed to bring her baby and breastfeed at work. I have
heard that Oregon's bill did die in committee, and a timely death. The bill
would allow mothers to breastfeed in public ONLY IF the mother did so only
in a very private area, and breastfed in a reasonably discreet manner. This
would be a real set back for breastfeeding mothers, as it is already legal
to breastfeed in public. Fear not, however, several other legislators in
Oregon are about to submit other legislation that really would protect the
right.  New Jersey has passed a bill that is almost as strong as New York's,
providing penalties if a mother is told to stop breastfeeding. They are
waiting for the Govenor to sign it into law  - the deadline is March 15. If
she does not sign it, it becomes a law. The only way it won't become law is
if she vetos it.  California has submitted legislation again, and they
expect it to pass this time.

BREASTFEEDING IN PUBLIC
In response to:
>I had a call from a friend of mine today. She told me about an
>incident that happen in her town (population 1460).
>A woman was breastfeeding in the one and only restaurant in
>town.  The owner asked her to move to the back of the
>restaurant.  When she asked why, he said that what she
>was doing was bad for business.  She was furious.
>My friend is the administrator of the local health department
>for that county.  She wants to do something to address the
>problem, without alienating the restaurateur, as it is the only
>restaurant in town.  She has thought about writing a letter
>which would express her concern about the action and tell
>him in a "non-threatening" manner why it is so important to
>support women who choose to BF.

Writing a letter is an excellent idea! Providing information about the
health benefits of breastfeeding is a good start. Feel free to download any
of the articles I have on the Web on breastfeeding legislation to include
with the letter. Even if she is in a state without legislation, it can help
to show why states are enacting laws ... i.e. it is not against the law to
breastfeed anywhere, the purpose of the law is to clarify that fact, and to
help change the public perception about breastfeeding.

Keep in mind that asking a mother to breastfeed in a particular place is
really nothing more than segregation. When New Jersey's bill was pending,
they attempted to put a restriction on it that would allow mothers to
breastfeed in public ONLY IF there was no designated area for them to go.
There was much public outcry about this. Ultimately, the Senate rejected
this amendment, and the essence of the original bill was passed. In response
to this, the City of Philadelphia passed an ordinance that not only
prohibited discriminating against breastfeeding mothers, but PROHIBITED
SEGREGATING breastfeeding mothers!

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
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Breastfeeding and the Law:  http://www.lalecheleague.org/LawMain.html