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PA Public Breastfeeding Bill Final Passage - Page 2  

post #21 of 30
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Quote:
Originally Posted by DBassett View Post
I just came here looking for this because my rep emailed me. She said she was proud to vote yes but it without the amendment I do feel that it's a step in the right direction however the fact that the owner of a business can still have you removed because of this is disheartening. I have a question though- if you are asked to leave based purely on the fact that you are breastfeeding, do we not have the rights to fight it because it IS discrimination? I mean, if a person is going to have a BFing mom removed they NEED to remove EVERY SINGLE bottle feeding mother as well OR it's discrimination. I realize that bottle feeding mothers aren't potentially exposing breast BUT BFing moms don't really expose that much skin nor should THAT be an issue. Both BFing and bottle feeding are forms of feeding a child and if one is cause for removal than the other should be as well.

I understand what was passed I'm just confused on a discrimination stand point. I understand that with the way it's written business owners still have the right to revoke the authority to be there BUT don't they have to have a legitimate reason? Isn't revoking the authority to be there because of breastfeeding (but not bottle feeding) discrimination?
Please look at my previous posts about this. The owner may remove authorization for ANY reason not explicitly prohibited by another law (like the law forbidding discrimination on the basis of race). Bottle feeding mothers have nothing to do with this. Legally, except in a few states (not PA), discrimination on the basis of breastfeeding is LEGAL. Read the law. The "freedom" exists only for women "otherwise authorized to be there." As soon as the owner withdraws the authorization, the law no longer applies. There is no balancing test. There is no need to treat breastfeeding women the same as any other kind of woman. There is no need to even state a reason. Authorization can be revoked FOR ANY REASON OR NO REASON AT ALL.

This has always been the case and the new law does not alter that. The law did not create this situation, it just didn't change it.

The important thing for PA moms to do now is to plan ahead of time what they will do in the still unlikely event that they are asked to cover up or leave. Women should feel as free to breastfeed in public as they always have. But they should understand what options they do and do not have.

Education is the key now. Women need to know what options they have. Because of the huge amount of disinformation being disseminated about the new law, it is vital that PA women know that their options now are the same as they always were.

Legislators do need to know when there are examples of harassment while the law is in force so they will understand the need for a stronger law. But the legislative fight is over for the foreseeable future. One of the reasons I fought so hard for an actual change in the law is because I knew this was the last shot we would have for at least three or four years, probably longer. The legislature is not going to get involved in this for at least a few sessions. They don't consider the same issue in successive sessions. Theoretically they could, but in real life they don't.


Jake
post #22 of 30
Thread Starter 
Governor Rendell signed SB 34 into law today. So expect a flurry of stories about how PA women have a right today that they didn't have yesterday. <deep sigh>

Jake
post #23 of 30
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post #24 of 30
Thread Starter 
Quote:
Originally Posted by SPOpa View Post
You're in the Philly area too, so maybe you've seen the blurbs on Channel 6 news? I thought their brief clip about the bill was pretty balanced - explaining the new law but also saying that critics say the bill doesn't go far enough b/c it doesn't allow moms the recourse to sue if they are told to stop BFing. I saw it last night and this morning.
That's good to hear. I have done a bunch of interviews but I don't always catch whether the stuff is used. I did a taped interview for NPR but I never heard it so I don't know whether it aired.

As long as people are thinking.
post #25 of 30
Quote:
Originally Posted by mamajake View Post
That's good to hear. I have done a bunch of interviews but I don't always catch whether the stuff is used. I did a taped interview for NPR but I never heard it so I don't know whether it aired.

As long as people are thinking.
I'm an NPR junkie so if I hear it, I will let you know for sure!
post #26 of 30

This may be a stupid question

and I apologize for that but I am curious why this issue is never tackled from the basis that it is the baby's right to nourishment/life or something along those lines? I mean, breastfeeding is for the baby not really the mom. Really, it is an innocent BABY that people are hurting when they refuse to allow a mom to breastfeed, fundamentally they are denying food to a baby. Or am I really off base here and missing something?
post #27 of 30
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post #28 of 30
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Quote:
Originally Posted by MaryTheres View Post
and I apologize for that but I am curious why this issue is never tackled from the basis that it is the baby's right to nourishment/life or something along those lines? I mean, breastfeeding is for the baby not really the mom. Really, it is an innocent BABY that people are hurting when they refuse to allow a mom to breastfeed, fundamentally they are denying food to a baby. Or am I really off base here and missing something?
It is a very good question. From a legal standpoint, though, minors have very few rights, and no one of any age has a legal right to eat (unfortunately, in my view). So while I do think it is important to keep the impact of breastfeeding on the child front and center, I haven't been able to figure out a legal strategy for public breastfeeding based on the child's right. That said, the state's interest in the health of its children is a sound basis for other regulation regarding breastfeeding, as in the regulation of daycare facilities or state-funded provision of formula samples (in hospitals or through WIC, for example). But in some contexts it is the woman's conduct that might be legally interfered with, as in public breastfeeding and workplace pumping, so the legal argument is based on the right of the woman.

Hope that helps.

Jake
post #29 of 30
heard the piece on NPR yesterday morning (Morning Edition), Jake you sounded great, very clear as to the limits of the law

Abby
post #30 of 30
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Quote:
Originally Posted by Abby View Post
heard the piece on NPR yesterday morning (Morning Edition), Jake you sounded great, very clear as to the limits of the law

Abby
Really?! I had given up listening for myself. Darn, the reporter never told me when it might air. Way cool. I was careful not to say anything dumb about Hooters. Whenever I do, that is the pull quote

Jake
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