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Help--I've been harrassed and discriminated for breastfeeding

post #1 of 99
Thread Starter 
I'm a long-term lurker here. I rarely post and prefer my annonimity. But, I cannot and will not sit quietly after what happened to me today.
Help me, please. If this needs to go in another forum, please let me know.

I'm so NOT confrontational about NIP. I do it. I do it discretely and I go about my business. I do NOT normally consider myself a lactivist except that I am seen and encourage and advocate for meeting the needs of my children as they need to be met.

We live in an HOA. We have a community pool. I've nursed 2 infants for 3 seasons at our pool, with the same swimsuit (a nursing swimsuit from Motherwear ftr). I've been there approximately 6 times this season with my DH, and with 2 breastfeeding mother friends. And, each and every time I've nursed baby J in the same manner that I've nursed every infant at a pool for 10.5 years.

I sit on a step or poolside to keep supervision of the kids. I dip the infant's toes in the water, sometimes the bottom as well but only after they stop the frequent pooping with nursing behavior of newborn days. I wear a nursing swimsuit and I nurse. Unless you are standing over my head or you have nursed babies, you would NEVER know I am breastfeeding.

I was at this pool on Friday with a friend for 4 hours. I must have nursed baby J a good 6 times without incident. Two weeks ago, I was there with another friend and the pool monitor at the time made friends with me. She talked about nursing her infants. She sat with me while I nursed sitting on the pool step. NEVER has there been an issue.

Today was not the same. Today, there were 2 pool monitors. On the third time baby J went to nurse (at 6pm), the older pool monitor came over to demand that I move to a chair away from the pool to nurse. I informed her of the state law and declined to do so. She informed me it was bodily fluid and could not be in the pool. I pointed out it wasn't IN the pool. Dh asked her to put her demands in writing. She walked away.

I hoped it was over. But, I specifically asked Dh if the baby had jostled my swimsuit and I was showing something. He assured me that was not the case, he only knew I was nursing because he knew me not because anything could be seen.

At 7pm, baby J was tired. We were now in the big pool versus the kiddie pool. I again sat on the step and nursed him. He nursed for approximately 5 minutes and crashed asleep. He slept, unlatched and my suit completely adjusted back to normal, until 7:30. When he woke up at 7:30, this same employee came back again to demand again that I could NOT nurse there. I had to nurse in the chairs far away from the pool. She informed me that food and drink are not allowed near the pool. I again told her the state law, and this time pointed out that courts have specifically upheld that breastmilk is NOT food nor drink and I had a right to nurse without discrimination anywhere I had a right to be.

At this point, she informed me that nursing sitting on the step was a safety hazard. I asked her what safety hazard. His head was not in the water by any means. She then said it was a safety hazard for everyone else in the pool. Again I asked how. She informed me that he could puke and they would have to close the pool down. I pointed out that any person eating while swimming could puke, more importantly anyone drinking too much pool water was more likely to puke and they would have to close the pool for anyone puking in the pool, not merely my infant. She then informed me that he could poop in the pool. I pointed out that ANY infant could poop in the pool, but infants were permitted to be in the pool.

She stated that most mothers change their babies diapers after they feed them. I pointed out that he hadn't pooped and swim diapers don't contain pee in the first place, so why exactly was she demanding I change his diaper.

Dh insisted again that she put her demands in writing and she walked away.

I again hoped the issue was resolved and she would let it go.

At 8pm, as we were leaving the pool, the pool manager arrived. He asked me how I was doing. I told him we would be doing much better if his employees would quit making a big deal out of nothing. He asked me what I thought the law stated in regards to my breastfeeding rights. I again stated that I had a right to breastfeed without discrimination anywhere I have a right to be.

He then informed me that we have a difference of opinion. He had consulted 2 sources and the law states I may do so provided I am discrete and modest. That is correct for my state. I WAS discrete and modest, and at NO point in her repeat confrontations did the employee ever suggest otherwise. The manager was not present at any point that I was nursing (though interestingly enough he WAS there on Friday when I nursed throughout my visit directly in front of him personally and without any response from him at that time).

After a puzzled look and an "Okay?" I realized this was now his punch line. I pointed out that I wear a nursing swimsuit, that nothing was visible, that my husband had checked for me to be sure and this was a non issue.

At this point, DH asked for this in writing so we can give it to our lawyer. At the mention of a lawyer, the manager refused to speak to us. He informed us that this is going to the Board of Directors and will now be handled thorugh attorneys since I refused to be reasonable.

I am ANGRY and UPSET. And several of my children were upset as we left, having never encountered this nonsense before.

So, what do I do now? I am NOT going to sit back and do nothing. I want an apology, a clarification that I have a right to not be discriminated in my own community pool and assurance that since they have decided to escalate this to the Board of Directors that we will not now be targeted as homeowners for this.

What do I do? How do I handle this? Dh is contacting our lawyer. I'm willing to do a nurse-in, to contact the media, to speak up and to have anyone who wants to share this online for support. But, I honestly don't know what to do. We're in the Atlanta suburbs. I'd be happy to share precisely, and a word write-up of the incident with identifying information via PM or email. But, the only time anyone but my own family has EVER confronted me about breastfeeding was 5 years ago when a YMCA in Kentucky had an issue with me nursing my 15 monther in the nursery. We were moving in a month and I simply choose to walk away from that one. I've never had this before. And, I can't just walk away from this. I live here. My kids LOVE the pool, and I don't want to have to walk egg shells and face threats for the duration of nursing my last infant just because of this ill-informed person (the employee, the manager were merely backing his employee, wrongly but backing her just the same).

HELP!

FYI, DH has now researched the laws. According to LLLI, our state law *did* have a modest and discrete clause until 2002. That clause was stricken in 2002 and in checking the actual current statue it is no longer in the language of the law.
post #2 of 99
I say, wait until tomorrow and talk to your lawyer.

You've seen the current statutes, the manager evidently was relying on the old ones. If he talks to a reasonably knowledgeable attorney (which he may wait to do until after he receives a letter from your attorney), he will be told that you're right. Odds are good that that will be the end of that - you'll get your apology, pool monitors will be trained in the current law, you'll get the assurance you want. Because if that's not what happens, they wind up with a lawsuit that they are extremely likely to lose.

If this is an HOA pool, public access is probably restricted, so a nurse-in may not be an option. And definitely talk to your lawyer before trying to interest the media.
post #3 of 99
Thread Starter 
DH sent everything to the attorney via email just now.

AFA nurse-in, I am only allowed 5 guests per visit. But, there is a parking lot and a playground right next to the pool and there is no HOA restrictions on how many guests I may have on those. I could host a playdate there (and I've seen them done) so legally if it came to it, and I don't want it to but I want to be able to use my pool without threats, it could be done.
post #4 of 99
You were doing nothing wrong. You and your baby had/have a right to be there.

I'd call the board of directors first thing in the morning, or email them what you have written here (along with names, dates, etc. and removing some of the emotion, keep it as calm and straight forward as possible), and ask them to kindly inform the pool manager and his employees of the HOA policies and the state statute (provide a link).
post #5 of 99
Sorry, no help in the legal department but I've always wanted to ask these people if they know how breasts work because if they are worried about breastmilk being in the pool, then no lactating mom should be allowed in. Period.

Yes, talk to your lawyer. They don't seem very interested in having a civilized talk.
post #6 of 99
Could you see them trying to question every mother with a baby if they are nursing? that being said every pregnant mother would be stopped as well for potential lactation.
post #7 of 99
Quote:
Originally Posted by fruitfulmomma View Post
I've always wanted to ask these people if they know how breasts work because if they are worried about breastmilk being in the pool, then no lactating mom should be allowed in. Period.
That was my thought as well. The employee was grasping at straws -- bringing up vomit, poop, and milk getting in the pool? Yeah ... none of those things have anything to do with nursing, all of them could easily end up in the pool whether a baby was eating or not.

I'm sorry you're being bullied about this. I hope the pool manager finds the humility to gracefully realize his error and apologize -- sometimes I feel like these things end up going so far because the person at fault is too proud to admit that they're wrong.
post #8 of 99
post #9 of 99
Thread Starter 
Our lawyer is on vacation until end of the week. He emailed DH this evening to let us know that he will address this as soon as he returns from vacation.

My main question is can I return to the pool while this is in conflict, and how do I handle the situation if it comes up again.

I think I'm going to write up the exact statute and our lawyer's name and phone number. I'm going to take a friend with me and I'm going to return this week with every right that I have to be there.

If it happens again, I will give them the written statute and my lawyer's name and phone number.

I don't want to deliberately stir trouble but my kids need swimming to destress. We have every right to be there. And, the longer I wait the bigger the initial hurdle to go back becomes.
post #10 of 99
You have every right to go back to that pool. I am livid right now!!!
post #11 of 99
I still say you contact the media.
post #12 of 99
Quote:
Originally Posted by Cornelia View Post
I think I'm going to write up the exact statute and our lawyer's name and phone number. I'm going to take a friend with me and I'm going to return this week with every right that I have to be there.

If it happens again, I will give them the written statute and my lawyer's name and phone number.
This sounds like a good idea. Hopefully, it will be a non-issue, but just in case, it really is best to go THROUGH your attorney at this point. Let him handle all communications between the HOA and yourselves.

You are in my thoughts!
post #13 of 99
You are doing the right thing. Hold your ground, talk to your lawyer and demand an apology.
post #14 of 99
post #15 of 99
thank you for that link pure!!! i am preggo with my second, but haven't breastfed yet, and am a little nervous after hearing about all the confrontation moms can face!

please keep us updated cornelia, i am interested to hear of your outcome and all that happened. i wish you luck!
post #16 of 99
:

i'm really interested to find out what happens... i'm moving to an HOA community in a month, and we'd be at the pool a lot.
post #17 of 99
You have every right to continue using your community pool and breastfeeding there as well. I like the idea of printing out the current state law and your attorney's phone number. The law and common sense(well, maybe not so much) are on your side. Good luck!
post #18 of 99
Quote:
Originally Posted by buttercups.nest View Post
thank you for that link pure!!! i am preggo with my second, but haven't breastfed yet, and am a little nervous after hearing about all the confrontation moms can face!
Don't let it scare you. Since this is the lactivist forum, naturally all confrontation-while-BFing posts go here and it can seem like a common occurrence, but there was a poll a while back, and IIRC the results showed that the vast majority of mamas have never experienced a negative incident while BFing in public.

Of course, it's always good to be armed with knowledge of your state's laws and prepared with a few phrases to say to anyone who may approach you negatively, but don't be nervous about it happening -- chances are it never will.
post #19 of 99
Thread Starter 
Buttercup, I've nursed for 10.5 years non-stop and this is a FIRST for me.

But, there's MORE. My lawyer is on vacation and we are only in email contact with him. Meanwhile:

Oh.My.Gosh!

My pool manager is running his mouth online

He contacted the local LLLI leader.

BUT....he put it in WRITING.

His issues are
~I'm nursing *in* the pool
~I'm a "young lady" at 32
~I won't be reasonble
~I had the baby in the water for 2 hours without re-applying sunscreen


But, this best is this little ditty he put in writing and has already made its way to our lawyer.

"This family has 8 children, most appear to be foster children with ages from infant to 12. Some also appear to be handicapped."
post #20 of 99
Quote:
Originally Posted by Cornelia View Post
Buttercup, I've nursed for 10.5 years non-stop and this is a FIRST for me.

But, there's MORE. My lawyer is on vacation and we are only in email contact with him. Meanwhile:

Oh.My.Gosh!

My arrogant pool manager is running his mouth online

He contacted the local LLLI leader.

BUT....he put it in WRITING.

His issues are
~I'm nursing *in* the pool
~I'm a "young lady" at 32
~I won't be reasonble
~I had the baby in the water for 2 hours without re-applying sunscreen


But, this best is this little ditty he was STUPID enough to put in writing and has already made its way to our lawyer.

"This family has 8 children, most appear to be foster children with ages from infant to 12. Some also appear to be handicapped."
OMG how does ANY of that have to do with anything?! Seriously?! Nail him to the wall, Cornelia!
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