Michigan Breastfeeding Law

[nettieferg]

Mich. Comp. Laws § 41.181,67.1aa and § 117.4i et seq. (1994) state that public nudity laws do not apply to a woman breastfeeding a child.

Above, is the only law I have found, regarding public breastfeeding in Michigan. It seems that there are other states with more explicit laws . . .

So, can anyone tell me what this means? Does this mean I *do* have to comply when asked to cover up/stop breastfeeding? And what about in a private place (such as a store/church)?

This stuff is still pretty new to me, so I would appreciate advice. I am not shy on insisting my rights are protected, but, I am wondering if I HAVE any rights to protect. . . . After all the discussions on discretion, I was prepared to ditch the nursing cover COMPLETELY, but now, I am second-guessing myself as to whether this would be wise.

Thanks for your advice mamas!!!

-Jeanette

[mamajake]

See Lactation and the Law.

All the Michigan law does is preventing you from being charged with the crime of public nudity. You are not protected from any other property right the owner might have to evict you.

This does not mean that you should change the way you breastfeed if you don't want to. It just means that you may have to stop if asked.

I breastfeed in public without covering up in many years in a state with no legal protection whatsoever. Never a problem.

HTH.

[nettieferg]

Thanks, Mamajake

So (to restate what I think you said), if someone asks me to cover up/stop, I *should* comply?

Why am I feeling all segregation-ish suddenly?? . . . separate accommodations for nursing moms vs. bottle moms. I don't think *I* want to go to the back of the bus *either*.

[detroitgirl77]

I refuse to cover up as B doesn't like it. I've been lucky everywhere I had to nurse in public--no one has had any problems with it(at least not that I am aware of). I do make sure that I am wearing a nursing top when I am out as to minimize the amount of skin that I do show. My husband is weird about it-when he sees that I need to nurse B, he wants me to go in the restroom Um, no way will I nurse B in there. Gross.

[mamajake]

Originally Posted by nettieferg

Thanks, Mamajake

So (to restate what I think you said), if someone asks me to cover up/stop, I *should* comply?

Why am I feeling all segregation-ish suddenly?? . . . separate accommodations for nursing moms vs. bottle moms. I don't think *I* want to go to the back of the bus *either*.

You should do whatever you are comfortable doing. However, if the owner says "I am calling the police to have you arrested for trespass," understand that is a serious threat the owner can likely follow through on.

Every woman has to decide what she is comfortable doing. Civil disobedience is, in my view, a valid option but understand what choosing it means.

I am not sure segregation is an apt comparison because you are not necessarily being offered anywhere to breastfeed. There may not even be a "breastfeeding only" section.

[nettieferg]

Originally Posted by mamajake

I am not sure segregation is an apt comparison because you are not necessarily being offered anywhere to breastfeed. There may not even be a "breastfeeding only" section.

Neither did some places of business in those days . . . in small towns especially, there were restaurants that simply said 'whites only' (jews were often not welcome, either) . . . I know it's not exactly the same -- that racism IS worse; however, this DOES feel like a human/civil rights issue.

My baby is not welcome at the 'bottle only' lunch counter.

[mamajake]

Originally Posted by nettieferg

Neither did some places of business in those days . . . in small towns especially, there were restaurants that simply said 'whites only' (jews were often not welcome, either) . . . I know it's not exactly the same -- that racism IS worse; however, this DOES feel like a human/civil rights issue.

My baby is not welcome at the 'bottle only' lunch counter.

Good point.

The goal, imho, is to drive breastfeeding and breastfeeding woman out of all public life. I completely agree breastfeeding is both a human rights and a civil rights issue.

[Maggirayne]

Originally Posted by nettieferg

Neither did some places of business in those days . . . in small towns especially, there were restaurants that simply said 'whites only' (jews were often not welcome, either) . . . I know it's not exactly the same -- that racism IS worse; however, this DOES feel like a human/civil rights issue.

This is a civil rights issue, it's about the baby's right to eat.
I love love love this blogpost. It explains very clearly how a baby's right to breastfeed is a basic human right and should thusly be protected.
http://reluctantlactivist.blogspot.c...ony.html#links

However, breastfeeding is not a cultural activity. Therefore it does not belong in the cultural difference paradigm. As a biological normative behaviour, it exists in a complete different paradigm: that of human rights.
<snip>
When laws are passed to protect the nursing dyad, these laws are not about protecting cultural difference. It is not about soothing cultural dissonance. It is not about protecting feelings, emotions or opinion. It is about protecting the essential normative biology of a nursing dyad. It is to prevent cultural suppression of an innate human characteristic. Just as being black, is an innate human characteristic.

[Sanveann]

I actually was interested in strengthening state breastfeeding laws, and a friend of my who's a lobbyist gave me a couple of names -- one of the representatives is a new mom herself. I did some work on the issue, but then election season rolled around and I figured she was busy, then I had my second baby, and -I- was busy! Haven't gotten back on that horse yet.

[ibbit]

I nursed my youngest dd for two years and my ds is almost a year old and I live in Michigan. I have nursed just about everywhere and have never been harassed by anyone other than my mil.

[crafteegirl]

Michigan Lactivists

I would be VERY interested to work on any Michigan Lactivism Projects...Could you pass along the names you were give to contact?

Thanks much!

-HB

[nettieferg]

me too!

Originally Posted by crafteegirl

I would be VERY interested to work on any Michigan Lactivism Projects...Could you pass along the names you were give to contact?

Thanks much!

-HB

:

[Sanveann]

Barb Byrum was the one my friend suggested. My friend knows her well and thought she would be sympathetic.

I've also heard Gretchen Whitmer would be a good one to contact ... i think she introduced a bill that would exempt nursing moms from jury duty, but I don't think it ever went anywhere.

One thing I wanted to point out to any legislators I talked to was that Bfing can help prevent obesity, and Michigan is perenially one of the fattest states in the nation.

[gardenmommy]

I have nursed in MI for over 10 years with no problem. Not saying there couldn't potentially be a problem in the future, but I have never experienced one. I would welcome legislation protecting my right to BF wherever I am. However, that does bother me a bit, because if it is a *law* guaranteeing my right, what happens if that *law* is repealed? Do I lose the right?

[mamajake]

Originally Posted by gardenmommy

I have nursed in MI for over 10 years with no problem. Not saying there couldn't potentially be a problem in the future, but I have never experienced one. I would welcome legislation protecting my right to BF wherever I am. However, that does bother me a bit, because if it is a *law* guaranteeing my right, what happens if that *law* is repealed? Do I lose the right?

If a law is repealed, you are back where you were before the law existed (all other things being unchanged).

[larkish]

jumping on here...
I am interested in supporting or helping the Senate Bill to protect nursing mothers from Jury duty. I've been recently called to jury duty for 10 days past my dd and was told I can get a deferral for that. However, she said I'll be called back in 6-8months. She said they have 2 bathrooms available for me to pump in (yum), do not provide a pump, and have a community fridge. (I explained I ebf DS to 8 months so that's why she said she might could stretch it to 8 months). My LLL leader just said at that time to send a Drs note. However, now that I'm stressed I want to do something to help other mothers in the future.

I have no clue where to start or what to do. So if there are any lactivists on here who have a clue please help This is all I could find so far http://www.familyfriendlyjuryduty.or...s/page0012.htm

BTW I'm in Oakland county and this is for the 52/3 district court for the state of MI.

[skolbut]

I live in the Lansing area and I've seen many mamas nursing in public in the places I haunt.

Not totally sure about the law, but IME where I live is pretty supportive of natural living... in fact once I took new baby with me to get my car fixed at a local dealership and the owner offered me an office to feed/relax in.

Also IME it is pretty straightforward to get a jury duty deferral for parenting reasons. I got jury duty while expecting DS1 and sent a letter explaining dietary needs due to GD, and my frequent bathroom needs. They deferred me and I still haven't gotten called back up and it's been over 2 years. I'm actually a little bummed, I wanted to serve!!!!!

[Sanveann]

Skolbut, I'm in Lansing, too! Wonder if I know you IRL!

[skolbut]

You might... I have a feeling some of my mama friends are on here secretly, lol!!!

[proudmomof4]

To add my :... I am German and used to live in MI (Grand Rapids) from 1999 to 2004. When we arrived I was a nursing mother (#2 was 15 months at the time) and we added 2 more boys to the family during that time.
I was never openly harrassed like in "please go to the restroom or leave" but I got lots of dirty looks and embarrassed comments.
The first time we had a colleague of my husband's and his family over I told his wife that - please! - she was welcome to nurse anywhere in our house. (I had witnessed her leave for the bathroom in a restaurant before and found that horrible!) She thanked me and told me how good it felt to be in the company of people who feel relaxed about breastfeeding.
My least favorite memory is that of breastfeeding in the play area of a local shopping mall (my toddler was playing, I was watching him and nursing his baby brother). I "ran into" my neighbor's MIL who didn't say anything to me right away but "unloaded" later to my neighbor / her DIL who of course had to tell me how really upset her MIL had been by my nursing "right in the middle of the mall". (I know - I still couldn't believe it at the time.)
I am sure there is still a lot of work to do - go for it, girls! - and sorry for the vent.