Confusing article in Mothering magazine

[bluegrassgirl]

Maybe you guys can help make sense of this.



I just got done reading the latest issue of Mothering and it had an article about breastfeeding in public and where the states stand on the subject. It showed that Washington was one of the states without breastfeeding laws. But.... in a back issue (I think from 2005 or 2006) it says that Washington has the best laws for public breastfeeding.

I'm really confused. Does anyone know the exact laws regarding public breastfeeding in Washington State? Do the laws only apply when you are actually nursing a baby, or does it apply for nursing AND pumping?

Jessie

(single mommy to Emma, 3 years and Angela, 2 years)

[St. Margaret]

is it wash state vs DC??

[DreamsInDigital]

Washington is definitely *not* the best state for public breastfeeding law. In fact, the only law currently on the books is exempting breastfeeding or expressing milk from public indecency laws. Oregon has a better law, stating a breastfeeding mother has the right to breastfeed her baby anywhere she and her baby are otherwise authorized to be.

[KJoslyn78]

NY is better then that... not only does it cover the right to BF anywhere mom is and was teh first state to have any sort of BFing law, it is also, i think, the only state that allows woman who give birth in jail, or are nursing a baby, to be able to breastfeed that baby up to 12 month in age.

Now if NY just got on the ball to help support BFing/Pumping in the workplace...

[Momtwice]

You could PM mamajake who wrote it, she posts here.

You can also check at
http://www.kellymom.com
http://www.lalecheleague.org

[GreenGrrl]

Originally Posted by DreamsInDigital

Oregon has a better law, stating a breastfeeding mother has the right to breastfeed her baby anywhere she and her baby are otherwise authorized to be.

Actually, here's the Oregon statute:
ORS § 109.001
1999 Ore. ALS 306; 1999 Ore. Laws 306; 1999 Ore. SB 744
A woman may breastfeed her child in a public place.

This basically "decriminalizes" nursing in public--i.e., moms won't be arrested for it, but there is no provision for punishing anyone who stops a mother from breastfeeding. Washington state's exempts breastfeeding from public indecency laws. Washington, DC, has no laws related to breastfeeding.

You can read about laws throughout the US at LLL's web site.

Chris

[Thursday Girl]

i like floridas law, it talks about how important breatfeeding is.

Fla. Stat. Ann. § 383.015
1993 Fl. ALS 4; 1993 Fla. Laws ch. 4; 1993 Fla. HB 231
The breast feeding of a baby is an important and basic act of nurture which must be encouraged in the interests of maternal and child health and family values. A mother may breast feed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether or not the nipple of the mother's breast is covered during or incidental to the breast feeding.

i never had a problem when i visited WA, and if they don't have a law i am actually kind of surprised since wa is generally a pretty crunchy place.

[AllisonK]

Originally Posted by jewelysmommy

i never had a problem when i visited WA, and if they don't have a law i am actually kind of surprised since wa is generally a pretty crunchy place.

Not really, maybe parts of the westside of the state. I'm originally from Eastern WA and it is pretty un-crunchy. But getting soggy in places.

I was also confused by the same article and WA state laws.

[ElliesMomma]

illinois law and note from governor's wife

this is the note i received in the mail from patricia blagojevich, illinois' first lady:

Dear Illinois Mother:

Congratulations on the new addition to your family. As a mother of two young daughters, I know how special this time can be, and want to take a moment to make sure you know about a new state law that directly affects you.

The new law makes it illegal to prohibit women from breastfeeding in public places. It is every woman's right to breastfeed her child in any place, public or private.

Please help spread the word to all mothers that prohibiting them from breastfeeding in public places is not only wrong, it is now illegal. Again, congrations.

Sincerely,

[mommymaemae]

Originally Posted by ElliesMomma

this is the note i received in the mail from patricia blagojevich, illinois' first lady:

Dear Illinois Mother:

Congratulations on the new addition to your family. As a mother of two young daughters, I know how special this time can be, and want to take a moment to make sure you know about a new state law that directly affects you.

The new law makes it illegal to prohibit women from breastfeeding in public places. It is every woman's right to breastfeed her child in any place, public or private.

Please help spread the word to all mothers that prohibiting them from breastfeeding in public places is not only wrong, it is now illegal. Again, congrations.

Sincerely,

that is FREAKIN' AWESOME!!!!!!!! That is so great that she is using her position in such a positive way. I wonder if more states did this if women would breastfeed more/for longer?

[vbactivist]

The letter from the governors wife in Il is nice. However, it comes for most mamas months after the baby is born. At that point, a lot of new mamas may have already given up. I wish there was a way for her to get the letter out before hand or immediately after.

[mommymaemae]

Originally Posted by vbactivist

The letter from the governors wife in Il is nice. However, it comes for most mamas months after the baby is born. At that point, a lot of new mamas may have already given up. I wish there was a way for her to get the letter out before hand or immediately after.

So true... why don't they hand them out in hospitals and birth centers and OB offices? I think OBs should be encouraged to start talking about bfing from the start of pregnancy.

[HomeBirthMommy]

Originally Posted by KJoslyn78

NY is better then that... not only does it cover the right to BF anywhere mom is and was teh first state to have any sort of BFing law, it is also, i think, the only state that allows woman who give birth in jail, or are nursing a baby, to be able to breastfeed that baby up to 12 month in age.

That's fantastic! Does it allow the baby to stay with her? How does that work out?

[mamajake]

Originally Posted by jessie.gray

Maybe you guys can help make sense of this.

I just got done reading the latest issue of Mothering and it had an article about breastfeeding in public and where the states stand on the subject. It showed that Washington was one of the states without breastfeeding laws. But.... in a back issue (I think from 2005 or 2006) it says that Washington has the best laws for public breastfeeding.

I'm really confused. Does anyone know the exact laws regarding public breastfeeding in Washington State? Do the laws only apply when you are actually nursing a baby, or does it apply for nursing AND pumping?

Jessie

(single mommy to Emma, 3 years and Angela, 2 years)

Hi-

Author of the current Mothering article here. The graphic showing which kinds of public breastfeeding laws each state has correctly lists Washington state among those states with only a criminal exemption for public breastfeeding. Washington state law on public breastfeeding is as follows:

RCW 9A.88.010
2001 Wa. ALS 88; 2001 Wa. Ch. 88; 2001 Wa. HB 1590


(1) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The act of breastfeeding or expressing breast milk is not indecent exposure.


This does not apply to workplace pumping. Washington state has the following on workplace pumping:

RCW 43.70.640
2001 Wa. ALS 88; 2001 Wa. Ch. 88; 2001 Wa. HB 1590


Workplace breastfeeding policies -- Infant-friendly designation.


(1) An employer may use the designation "infant-friendly" on its promotional materials if the employer has an approved workplace breastfeeding policy addressing at least the following:
(a) Flexible work scheduling, including scheduling breaks and permitting work patterns that provide time for expression of breast milk;
(b) A convenient, sanitary, safe, and private location, other than a restroom, allowing privacy for breastfeeding or expressing breast milk;
(c) A convenient clean and safe water source with facilities for washing hands and rinsing breast-pumping equipment located in the private location specified in (b) of this subsection; and
(d) A convenient hygienic refrigerator in the workplace for the mother's breast milk


(2) Employers seeking approval of a workplace breastfeeding policy must submit the policy to the department of health. The department of health shall review and approve those policies that meet the requirements of this section. The department may directly develop and implement the criteria for "infant-friendly" employers, or contract with a vendor for this purpose..


(3) For the purposes of this section, "employer" includes those employers defined in RCW 49.12.005 and also includes the state, state institutions, state agencies, political subdivisions of the state, and municipal corporations or quasi-municipal corporations.


The workplace law is entirely voluntary. Employers are not required to allow pumping.

I don't know about an earlier Mothering article that said anything else.

Hope that helps.

Jake

[mamajake]

Originally Posted by GreenGrrl

Actually, here's the Oregon statute:
ORS § 109.001
1999 Ore. ALS 306; 1999 Ore. Laws 306; 1999 Ore. SB 744
A woman may breastfeed her child in a public place.

This basically "decriminalizes" nursing in public--i.e., moms won't be arrested for it, but there is no provision for punishing anyone who stops a mother from breastfeeding. Washington state's exempts breastfeeding from public indecency laws. Washington, DC, has no laws related to breastfeeding.

You can read about laws throughout the US at LLL's web site.

Chris

Thanks Chris. Just a clarification, though. I wouldn't call this a "decriminalization" because Oregon law does not prevent a store owner from revoking authorization to be in his space. If he does that, the mom becomes a trespasser and can be arrested for trespass.

Oregon also does not exempt breastfeeding from obscenity law so theoretically a mom could be arrested for some sort of indecent exposure. But those sorts of arrests never really happen so I don't see that as much of a problem.

The trespass issue is huge, though.

Jake

[mamajake]

Originally Posted by HomeBirthMommy

That's fantastic! Does it allow the baby to stay with her? How does that work out?

New York State has a women's prison (Bedford Hills, I believe) where moms can keep their babies with them up till the baby's first birthday. It is a very important program.

Jake

[bluegrassgirl]

Okay, I found what Mothering back issue that article that said that breastfeeding is good in Washington. Its in issue #128 (Jan/Feb 2005).

Jessie

[mamajake]

Originally Posted by jessie.gray

Okay, I found what Mothering back issue that article that said that breastfeeding is good in Washington. Its in issue #128 (Jan/Feb 2005).

Jessie

I don't have Mothering back issues and I don't work for them so honestly I don't know what they published in 2005 or why. If there is something they published before that is inconsistent with my article, maybe you should let the editors know. Does the 2005 piece quote the statute incorrectly or is it a general statement? I promise the information I gave you is correct. A statement that a state's law is "good" or "bad" without explaining why wouldn't be very helpful.

Jake

[mamajake]

Originally Posted by jewelysmommy

i like floridas law, it talks about how important breatfeeding is.

Fla. Stat. Ann. § 383.015
1993 Fl. ALS 4; 1993 Fla. Laws ch. 4; 1993 Fla. HB 231
The breast feeding of a baby is an important and basic act of nurture which must be encouraged in the interests of maternal and child health and family values. A mother may breast feed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether or not the nipple of the mother's breast is covered during or incidental to the breast feeding.

i never had a problem when i visited WA, and if they don't have a law i am actually kind of surprised since wa is generally a pretty crunchy place.

Hate to keep being the spoiler, but Florida's law also does not prevent the owner from turning the mom into a trespasser. It also has no remedy for violation of the law. I have heard of several stories in the past few months alone out of Florida; a mom at Universal Studios in Orlando, a mom in a restaurant, and a mom in an American Airlines flight, all harassed with no remedy under that statute. I read that the restaurant mom has filed a lawsuit for infliction of emotional distress. It will be interesting to see how that goes.

[SharonAnne]

I was so proud of NJ after I read your article, mamajake We've got laws in place to protect public breastfeeding AND that enable women to take action against anyone who tries to deny us the right to breastfeed in public. This is AWESOME. I wish every state in the Union would adopt such laws.