Help me protect myself, and share this info with others.

[LionessMom]

after reading the news (and this forum) I finally decided to look up my states laws and print them out. I went to this site http://maloney.house.gov/documents/o...5CRSReport.pdf and printed the one for my state.

the question i have now is: if if am asked to leave... where do i find info on what constitutes trespassing and what constituted private land? my state (iowa) does incluse langauge to say the only place i cant bf is someones private home where it would make the owner uncomfortable (in which case i would never visit them again). but i would like something printed to show a cop if one was called. any ideas where to look? i have been looking all morning but maybe i am phrasing it wrong?

[mamajake]

Originally Posted by LionessMom

after reading the news (and this forum) I finally decided to look up my states laws and print them out. I went to this site http://maloney.house.gov/documents/o...5CRSReport.pdf and printed the one for my state.

the question i have now is: if if am asked to leave... where do i find info on what constitutes trespassing and what constituted private land? my state (iowa) does incluse langauge to say the only place i cant bf is someones private home where it would make the owner uncomfortable (in which case i would never visit them again). but i would like something printed to show a cop if one was called. any ideas where to look? i have been looking all morning but maybe i am phrasing it wrong?

Just a note: the document you printed is over three years old. Don't depend on it for your current state law.

Iowa ( http://nxtsearch.legis.state.ia.us/N...fn=default.htm )

135.30A Breast-feeding in public places.
Notwithstanding any other provision of law to the contrary, a woman may breast-feed the woman's own child in any public place where the woman's presence is otherwise authorized.
2000 Acts, ch 1140, §21

Section 135 is the section of Iowa Acts (Iowa state statutes) governing the Department of Health - Miscellaneous Provisions. That section does not have a definitions section so there is no definition of "public place." If this provision were part of Iowa's civil rights law, the definition would likely be clear.

An Iowa lawyer may be able to tell you how Iowa property law applies to a miscellaneous provision concerning the Department of Health. The wording of the Iowa public breastfeeding law is essentially the same as the wording of the North Carolina public breastfeeding law. It seems to me that "notwithstanding any other provision or law to the contrary" would mean that the owner's property right to convert you to a trespasser is trumped by this law. If I were a lawyer in Iowa, I would probably argue that. If I were a lawyer in NC, I would argue that in the Denny's case. But I am not.

I wish that were helpful but I know it is only frustrating.

[khaoskat]

Generally, if you are allowed to be in a place then you are fine. If they request you leave and revoke your permission to be there because you are BF'ing, I would demand it in writing, along with the fact it is because you are BF'ing. They would be violating the law.

[mamajake]

Originally Posted by khaoskat

Generally, if you are allowed to be in a place then you are fine. If they request you leave and revoke your permission to be there because you are BF'ing, I would demand it in writing, along with the fact it is because you are BF'ing. They would be violating the law.

How would the owner be violating the law?

[Bluegoat]

I have no idea about your state law specifically, but generally a public place under the law is one that is open to the public; a store, restaurant, etc.

A private home or a privately owned club would be different, they could ask you to stop or leave.

[mamajake]

Originally Posted by Bluegoat

I have no idea about your state law specifically, but generally a public place under the law is one that is open to the public; a store, restaurant, etc.

A private home or a privately owned club would be different, they could ask you to stop or leave.

Stores and restaurants are generally included under the state statutory definition of "public accommodation." Whether a privately owned club (or a house of worship) is included in the state statutory definition of "public accommodation" is state specific. I have never seen a state statutory definition of "public place" and would be grateful if someone could point me to one.

[kriket]

Originally Posted by mamajake

Stores and restaurants are generally included under the state statutory definition of "public accommodation."

I believe it depends on your state. I don't have experience with BFing but when Ohio passed the non-smoking laws there was really no way to enforce them. Really the only way that you could be arrested 'for smoking in public' was if you were asked to leave, wouldn't then could be arrested for trespassing, because you were asked to leave but wouldn't.

I imagine BFing is similar. Which is why we should write our congress people to clarify the language

I personally would never again patronize a place that asked a BFing mama to leave. A lot of mamas don't agree with me on this, they don't feel it is a strong enough statement, but if more mamas got up and walked out when Mgmt started harassing a BFing mama that would get some heads to turn!

[mamajake]

Originally Posted by kriket

I believe it depends on your state. I don't have experience with BFing but when Ohio passed the non-smoking laws there was really no way to enforce them. Really the only way that you could be arrested 'for smoking in public' was if you were asked to leave, wouldn't then could be arrested for trespassing, because you were asked to leave but wouldn't.

I imagine BFing is similar. Which is why we should write our congress people to clarify the language

I don't know how the Ohio smoking law was worded but under common law "public accommodations" are privately owned spaces made open to the general public by the private owner. A statute that uses the term "public" or "public place" without defining the term is not necessarily going to be governed by the state law regulating "public accommodations." Every state has a regulatory code governing "public accommodations." The Civil Rights Act of 1964 has a section relating specifically to "public accommodations."

[LionessMom]

why am i finding several different versions of the bf law in my state. the one from 3 yrs ago says something different (but better) than the one shown to me below. it still says i am allowed to bf in public but the additional info was removed that made it more protected. how frustrating. thank goodness noone has ever said anything to me. but what if someone does. i already have social anxiety. i want to be prepared so i can stand up for myself.

[mamajake]

Originally Posted by LionessMom

why am i finding several different versions of the bf law in my state. the one from 3 yrs ago says something different (but better) than the one shown to me below. it still says i am allowed to bf in public but the additional info was removed that made it more protected. how frustrating. thank goodness noone has ever said anything to me. but what if someone does. i already have social anxiety. i want to be prepared so i can stand up for myself.

I don't know of any change in Iowa's public breastfeeding law in the past three years (which doesn't mean there wasn't one). What I pasted is directly from the current state code. I don't know where you saw a different version which may have been incorrect.

So sorry about your worries.