 |
 |
 |
 |
 |
 |
 |
 |
 |
Press Release:
|
|
For Immediate Release: Contact: Breastfeeding in Public - Is it Legal? New York, NY July 17, 2001: Nursing moms -- and their critics - often wonder about the legality of breastfeeding in public places, especially during events like the upcoming National Nurse Out planned for World Breastfeeding Week (August 1-7). ProMoM, a national non-profit that promotes breastfeeding, is sponsoring National Nurse Out by encouraging breastfeeding mothers to breastfeed in public and organize local "Nurse Outs" through resources found on their website at http://www.promom.org. The sight of so many nursing mothers in parks, restaurants and malls can lead critics of public breastfeeding to complain, or even harass, the mother, in an attempt to make her stop nursing or leave the premises, according to Sarah Munoz, Executive Director of ProMoM. But "the law is clear -- a woman can nurse wherever she and her baby have the right to be," said Marisa Steffers, a Manhattan attorney. Alexis Martin Neely, a Los Angeles attorney and expert on the rights of breastfeeding mothers, concurred. "In nearly half of the United States, legislation has been enacted confirming a mother's right to breastfeed in public, and in some cases, providing a remedy for mothers who are harassed for breastfeeding in public." "Sometimes nursing mothers are given a hard time - told 'you can't do THAT in here' - by personnel who just aren't aware of the mother's rights," said Munoz. "Usually, it's not store policy, but individual discomfort with breastfeeding that leads to these kinds of incidents." Corporate policies, stating that nursing mothers should not be harassed or asked to nurse in any specific location, can help companies keep out of trouble with nursing mothers, according to Dana Anagnostou, a New York corporate lawyer. All personnel, especially anyone dealing with the public, should be informed of these policies. "It's also important that personnel know that even if one or more customers complain about having to see a mother breastfeeding, the nursing mother should be left alone," said Anagnostou. "It's the complaining customers that should be told to leave or move, if they don't like it. Neely advises nursing mothers who are told to stop breastfeeding, or asked to move to a different location, to either address the issue immediately or leave and institute an education campaign later. "Either way, a mother should ask the harasser whether she may remain in the location if she stops breastfeeding, because that will lay the foundation for her to argue that she was wrongfully harassed," said Neely. "Usually, people will leave you alone if you politely tell them that you are entitled to feed your baby anywhere you are entitled to be," she continued. "If you live in a state with legislation clarifying that right, mention that your right is protected by state legislation." To determine whether your state has already enacted legislation protecting breastfeeding in public, refer to the list at http://www.lalecheleague.org/LawBills.html. Otherwise, to determine if your state has such legislation pending, check the website http://www.supportbreastfeeding.com. "If a polite response doesn't appease the offender, ask to speak with a manager or person in charge and explain to them that you were harassed and you would like an apology. If the harassment continues, leave the location and take action later," said Neely. According to Neely, taking action against harassment for breastfeeding in public can involve a number of steps. First, she tells mothers to contact their state representative to report that they've been harassed for breastfeeding in public. "Begin with a phone call and follow up with a concise letter. Then, send a copy of that letter and a formal request for a written apology to the manager of the establishment where you were harassed," said Neely. If a satisfactory response is not received, mothers may then decide to contact the media or write a letter to the editor. "The last thing most companies want is to be portrayed as anti-mother in the media," said Anagnostou. Mothers interested in taking legal action against the establishment should consult with a local attorney who will help to file a formal legal complaint against the establishment, said Neely. More detailed information about the legality of breastfeeding in public and steps breastfeeding mothers can take to respond to harassment can be found on ProMoM's website. ProMoM (Promotion of Mother's Milk Inc.) is a non-profit organization dedicated to increasing public awareness and public acceptance of breastfeeding. ###
|
