I looked back over the last few weeks' posts, and there sure is a lot on nursing in public. This does seem to be a banner year in legislation and news stories on the topic.
In many states nursing in public statutes haven't been put to the test, so it's pretty encouraging to read the following cases in which the law was enforced and mothers' rights were upheld.
First, in New York, a Maine mother won a $3,600 judgment against watchmaker Fossil for prohibiting her from nursing in a showroom.
In August 2006, while meeting with a salesperson in a Manhattan showroom, Ms King was told she was making others feel uncomfortable by breast-feeding her eight-month-old son, Cody.
Ms King was taken to another floor to finish feeding Cody but was then not allowed back into the showroom.
In January, as she made plans to again visit a Fossil showroom, she was told by a Fossil representative that breast-feeding was forbidden.
"I wanted to be apologized to. I wanted not to be humiliated or for anybody else to be humiliated either," she said of her decision to contact the civil liberties organization.
Next, the Ohio Human Rights Commission has ruled in favor of a woman who was nursing at Lifestyle Family Fitness and was told to move to the locker room. The company maintains that the nursing mother violated the rule that patrons "wear shirts at all times." The mother, needless to say, was fully clothed and not at all exposed. If the case can't be resolved at the Commission, it'll get referred to the State Attorney General for prosecution. From the statements below it looks like that's where it may go.
Susan DiMickele, an attorney for Lifestyle Family Fitness, said Swank's complaint is moot because she went to the fitness center about two days later and was able to nurse.
But Swank, who has since canceled her membership, wants assurances that other mothers won't face the same problem.
"Just because you resolve it with one person doesn't mean you have come to a resolution," said Swank, who wants the company to adopt a breast-feeding policy that complies with state law.
DiMickele said the company has a breast-feeding policy, but it is not a written one. "We just ask people to use good judgment," she said. "We reasonably accommodate anyone who wants to breast-feed." [My note: That's really nice, but there is this little thing called the law.]
Finally, I've seen a request circulating from the California Attorney General's Office for stories from California nursing moms who have been discriminated against in business establishments and other public places. The office is looking for specific information (date, location, the act, whether the mother was asked to cover up or leave). This information is to be used only for the purposes of research and not for any public use. Mothers with stories are encouraged to contact: Sunny Sarkis, Civil Rights Enforcement Division, State of California, Department of Justice, Sacramento, CA 95814, 916-324-4085, or email Sunny Sarkis.
Thank you to Parent:Wise Austin for the use of the graphic at the top of this post! Want to get email updates from the Motherwear Blog? Subscribe here. Want an RSS feed? Click here.
