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Subject:
From:
Alexis Martin Neely <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Wed, 5 Dec 2001 21:59:57 +0000
Content-Type:
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This article appeared in the San Gabriel Valley Tribune today.  I am
representing the woman who was told that she could not breastfeed at her
daughter's school.

http://www.sgvtribune.com/index.asp?puid=1498&spuid=1498&indx=1237978&article=on

Nursing at center of school dispute

Breast-feeding mom, lawyer vow to fight

By Nicole M. Campbell
Staff Writer

BALDWIN PARK -- A 25-year-old mother has retained the services of a lawyer
after allegedly being told by her daughter's principal that breast-feeding
on campus was illegal.

Luz Saucedo, whose son is 2 months old, said the incident happened Nov. 16
after she went outside to breast-feed while volunteering in her 5-year-old
daughter's kindergarten classroom at Van Wig Elementary School in La Puente.

"I was sitting on the bench and the principal came close to me and said I
couldn't breast-feed my baby there," Saucedo, a Baldwin Park resident, said.
"She said it was against the law. I was so surprised I couldn't say
anything."

Saucedo, who said she never had problems breast-feeding her daughter in
public, said Principal Olivia Ventura suggested going into the kitchen of
her daughter's classroom to continue breast-feeding. Saucedo refused.

"I was just there breast-feeding my baby, something so natural, so beautiful
and never planned that this would happen," Saucedo said, adding she covered
her breast while nursing her son.

Scared she might be arrested for breast-feeding, Saucedo called Women,
Infants and Children, which put her in touch with Los Angeles-based attorney
Alexis Martin Neely, who is on the board of directors of the Breastfeeding
Task Force of Greater Los Angeles, a nonprofit advocacy group.

"There is a law in California that provides a mother can breast-feed her
baby anywhere in public or in private that a mother and her baby are
entitled to be," Neely said. "Breast-feeding is the natural, normal way to
feed and women should not be made to feel ashamed or humiliated."

Ventura declined comment, but Bob Nero, superintendent of the Bassett
Unified School District, said there was no issue with Saucedo
breast-feeding, it was that she did it in the classroom, distracting
students.

"The students in the classroom were focused on her nursing the baby and the
teacher was trying to get them refocused," Nero said. "No. 1, it is not
illegal to nurse your baby. No. 2, if nursing her baby created a distraction
from the learning process, that's where we have to draw the line."

Section 44811 of the California education code says any person who disrupts
classwork or extracurricular activities or causes "substantial disorder" can
be charged with a misdemeanor.

Neely refutes the claim Saucedo was inside when breast-feeding.

"In all our conversations, she has been very consistent and maintained she
was outside," Neely said, "and even if she was inside, the law is that she
has a right to breast-feed anywhere in public or private where she was
entitled to be."

Neely adds a breast-feeding baby is less distracting because it is not
crying in hunger.

Nancy Solomon, a senior staff attorney with the California Women's Law
Center and consultant on Saucedo's case, said compounding the ignorance many
people have about the state law, on the books since 1998, is their
reluctance to embrace breast-feeding.

"They feel it's an indecent exposure issue and I believe they sexualize the
act of breast-feeding when it's a very natural, healthy decision on the part
of the mother," Solomon said.

No legal action is pending against the district; Neely said the goal is to
get the district to change its policy, institute training for all employees
and teach students about breast-feeding.

"If they are not willing to settle with us and make sure this doesn't happen
again, I wouldn't rule out a lawsuit by any means," Neely said. "What they
did was violate the civil code."

Saucedo said the incident on campus has left her shaken.

"I was very comfortable before this and now everything is different,"
Saucedo said. When breast-feeding in public, "I'm looking around each time."

-- Nicole M. Campbell can be reached at (626) 962-8811, Ext. 2472, or by
e-mail at [log in to unmask]



Alexis Martin Neely, Esq.
Mama to Kaia Ray Neely (11/2/99)

"Breastfeeding support is an integral part of the family/friendly workplace
environment." -Work & Family Coalition of San Diego
How have you supported breastfeeding today?



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