Can Someone Clarify this law? Does this mean I would need to leave/cover is asked?

[Shelsi]

I just moved to VA a few months ago. The law according to http://www.ncsl.org/programs/health/breast50.htm

Va. Code § 2.2-1147.1 (2002) guarantees a woman the right to breastfeed her child on any property owned, leased or controlled by the state. The bill also stipulates that childbirth and related medical conditions specified in the Virginia Human Rights Act include activities of lactation, including breastfeeding and expression of milk by a mother for her child. (H.B. 1264)

Does this mean that if I were at the mall for example and they asked me to leave or cover up, that I'd have to comply? It does not sound like I have the law on my side. The only "law" I have on my side is that I can't be arrested for indecent exposure.

And if this truly is the correct interpretation, how do I go about getting it changed?

[kriket]

are you sure thats all of it? I know Ohio has a really short statement that women can breast feed anywhere that they would normally be allowed to be.

You could write your congressman to try and get the laws changed, but with 'the economy' they have their hands full right now.

[SpiderMum]

I'm curious about this myself...

[Missy]

Here ya' go...

Va. Code Ann. §2.2-1147.1, 2002
Virginia House Bill # 1264, 2002

Right to breast-feed

Notwithstanding any other provision of law, a woman may breast-feed her child at any location where that woman would otherwise be allowed on property that is owned, leased or controlled by the Commonwealth as defined in § 2.2-1147.

I breastfed all three of my kids, the youngest for four years, and was never asked to leave or to cover up anywhere in Virginia or DC.

[Missy]

Oh--and sort-of OT--I just noticed your sig. My youngest is allergic to dairy, wheat/gluten, eggs, corn, banana, avocado, soy, nuts/peanuts etc...etc...Hence why he nursed for four years. Let me know if you need recommendations for an allergist, gastro, ped...

[Shelsi]

Va. Code Ann. §2.2-1147.1, 2002
Virginia House Bill # 1264, 2002

Right to breast-feed

Notwithstanding any other provision of law, a woman may breast-feed her child at any location where that woman would otherwise be allowed on property that is owned, leased or controlled by the Commonwealth as defined in § 2.2-1147.

Isn't that saying the exact same thing I quoted in my OP? It's saying only on state owned property isn't it?

[Missy]

Originally Posted by Shelsi

Isn't that saying the exact same thing I quoted in my OP? It's saying only on state owned property isn't it?

Crud. You're right.

There's this:

Va. Code Ann. § 18.2-387
1994 Va. ALS 398; 1994 Va. Acts 398; 1994 Va. Ch. 398; 1994 Va. HB 1188

Section 18.2-387 Indecent Exposure
Every person who intentionally makes an obscene display or exposure of his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another to so expose himself, shall be guilty of a Class 1 misdemeanor. No person shall be deemed to be in violation of this section for breastfeeding a child in any public place or any place where others are present

[SpiderMum]

So we can breastfeed on State owned property...and we're never violating indecent exposure laws...but it seems like it might leave us open to things like businesses that don't want us nursing on their property, right?

[Missy]

I guess so. That kind of sucks, huh? It never occurred to me to really break down the laws because it was never an issue. I know there have been national nurse-ins held at local sites with no issues...

[Shelsi]

Maybe we should be working to change the law before there's an incident, kwim? Why should someone have to be kicked out of a restaurant before we act?

I've only been here 5 months and so far I haven't had any problems but dd is 17 mos and NIP has been becoming much less discreet.

[Missy]

I'm not saying that someone needs to be kicked out in order to act, but frequently those laws are a direct result of an incident. The assumption, I think, is that it is a civil right--until that right is challenged. I can't even count the number of places ds2 nursed, often very undiscreetly. We've been discriminated against in places of business due to racism, but never due to breastfeeding.

I don't think it would hurt to pursue a change in the law, but I do think it's easier to demonstrate a need for that change if there has been a problem. If there's been no problem, the assumption is that the current law is sufficient.

[Bekka]

I think there are lots of moms all over NoVA who would really make a stink. I have nursed in restaurants, malls, on the Mall, in the Metro, libraries, parks, church, and I've lived in NoVA for 4 years. The only place I have ever had a look or comment was on federal property in Missouri!!!! They can't even complain on federal property (I told that park official she needed to speak with her supervisor and never heard from her again).

I am not sure that Virginia's laws are as good as others, but the culture of NoVA has been very satisfactory IME. HTH

BTW, dd and ds nursed up until they were 2.

[Picturesque]

Yes. BF in VA is protected on state property and no mother can be charged with indecent exposure for BFing. But that is the extent of the protections under VA law. If a private home or business owner asks a mother to cover up or leave for BFing, the mother must comply. Having said that, I have nursed my 2 year old in many a public place and I never cover up. I do use my shirt to mostly cover my breast, but he often grabs it and pulls it up and exposes me more than I would like. I have never been asked to cover up or leave. But I, too, would prefer to have legal protection to nurse an any public place.

[Shelsi]

I guess I worry because people just aren't as friendly around here as where I come from...so I guess I just worry it may come up.

[Missy]

NoVA is its own special little hell. There are a lot of Very Important People with Very Important Places to be NOW. But, there are some very awesome communities up here; you just have to dig a little. If a nursing mom was ever given any grief, I think she'd be backed in force very quickly.

LLLI is really active in the area.

I asked earlier in the thread if you'd hooked up with the right doctors yet. Let me know if you need any rec. Our allergist and gastro are awesome, and there's one gastro practice and one ped. practice that I would advise ***very*** strongly against, especially dealing with food allergies.

[Shelsi]

Originally Posted by Missy

I asked earlier in the thread if you'd hooked up with the right doctors yet. Let me know if you need any rec. Our allergist and gastro are awesome, and there's one gastro practice and one ped. practice that I would advise ***very*** strongly against, especially dealing with food allergies.

I tried to PM you just now but your box is full. Sorry for clogging up this thread but this is what I PM'd you:

I think we're OK on the docs so far but I would love to hear the names to stay away from. Dd's allergies are really intolerances I guess since she doesn't show up on the RAST or SPT but her GI reactions are pretty severe We haven't seen him yet but we have an appt in March with Dr Sirling. Have you heard of him? He was recommended to us.

For a ped, we use a family practice doc, and he's completely clueless on the allergies but I'm ok with that. He doesn't try to advise us about it at all and we don't really do well checks anyways so he's just our go-to guy when we're sick. Plus he doesn't care that we don't vax which is always an added plus.

[Missy]

Whoops! Sorry about the in-box!!

Dr. Sirlin is awesome. He was recommended to us after a horrible experience with another GI practice, and he's been wonderful. Our son has both IgE-mediated and non-IgE-mediated allergies, and Dr. Sirlin has an amazing grasp of both. We've been going there for the last five years. I'm so glad that's who you're seeing.

I'll clean my PM box out a little later and send the names of which practices to avoid.

[Bekka]

Originally Posted by Missy

NoVA is its own special little hell.

While I have found it to be a little bit strange that national news is our "local news", I have really enjoyed living in NoVA and have found our area to be very family friendly (HCPs can be very tricky to find).

There is a Families for Natural living NOVA yahoo group you can sign up for, as Missy said, LLL is very active in this area (although even that gets political sometimes) and there are a lot of resources for eating local, farmers markets, traditional foods (WAP), etc. There are active API groups, NINO groups, and lots of other resources that I don't even participate in as my kids are in school, music, busy with other stuff, etc.

I guess I should move this discussion to the tribal area, but I am really enjoying VA and I'm glad b/c dh has a great job.

Having said all that, it would be nice to have certain things better protected by law, and unfortunately it probably would have to be in response to an "incident."

I'm currently more aware/keep tabs on the legality of midwifery in VA (CPMs are legal), which hospitals to avoid, etc.

[Shelsi]

I'm trying really hard to like it here but I'm really homesick for Tucson where we lived the past 6 yrs. Also I haven't really made any friends here...it's hard to do when I can't eat out and we can't be around other kids that are walking around with food because of dd's allergy issues.

Do you see many ppl NIP around here? I've only seen 1 other mom so far just last week at the zoo. And her dh saw me nursing at the same time and out of the corner of my eye I saw him get all excited and point me out to his wife lol.

[Bekka]

I have seen people nursing in the mall and other places. Sometimes with a blanket, but that's their own business. I honestly haven't seen lots of moms nursing in public anywhere, even Oregon, Washington, California, etc., where I would totally expect it (my parents have lived in Oregon for several years), I went to college in CA.