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Subject:
From:
Jake Marcus <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Wed, 11 Feb 2009 13:11:26 -0500
Content-Type:
text/plain
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This mom would not have a civil rights claim because breastfeeding/lactation
is not a protected status under NC law.  The NC public breastfeeding law
does not give her a a civil rights legal claim.  The NC public breastfeeding
law also doesn't have an enforcement provision so doesn't create another
sort of claim.

This case highlights the weakness of public breastfeeding laws like NC's.
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. :(

Jake Aryeh Marcus, J.D.



>
> The Denny's Restaurant in Asheville, NC was featured on the news because
> they asked a breastfeeding woman to leave and actually called the police.
> She was not arrested.  As a lactation consultant in the Asheville area, I
> have
> emailed Denny's home office and would ask that everyone would also email
> with your comments.
> Janie
>



"NC law re: right to breastfeed wherever mother has a a right to be is pretty
clear. (See c at
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-190.9.html.)
Hope
someone suggests that this mother file with the NC Civil Rights Commission
about the incident"

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