BF'ing not "appropriate" at the gym? - Page 7 - Mothering Forums

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#181 of 201 Old 05-17-2004, 04:43 PM
 
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Great job Joy, I just know found this thread so I'm so excited that you are doing all this.

So glad you are not going to just gripe and leave it alone, you stand up for yourself and the rest of us bf'ing mothers out there in the world.

Kitty

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#182 of 201 Old 05-17-2004, 04:45 PM
 
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None of that matters. There is no viable defense there! The public exposure laws explicitly omit breastfeeding, and the breastfeeding law clearly states that a mother may breastfeed her baby "irrespective of whether or not the nipple of the mother's breast is covered during or incidental to the breast feeding." Even if all that were true, it does nothing at all. This is just a lawyer being an A$$. They are trying to make it look favorable to them. However, even an idiot attorney should know that such statements like this are only self serving, which will be apparent, and irrelevant! Just refute that, and be sure to make it clear that these lies are offensive, and don't worry. Even if this were all true, it does not change that they violated the law. keep us updated. I would like to hear how these laws are enforced. Few states have actually enforced these laws on the books.
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#183 of 201 Old 05-17-2004, 04:59 PM
 
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You said that they are trying to get all the causes of action dismissed. Have they filed a motion for summary judgment? And are the quotes you posted from an affidavit filed in support?

It's totally standard practice for defense lawyers to seek summary judgment in every case. so I wouldn't take their efforts as a sign that thing are not going well. In Texas, the standard for summary judgment is pretty high -- the party has to prove *as a matter of law* that there is no genuine issue of material fact. Obviously, I haven't seen your pleadings, but I think that would be very difficult here if based solely on the fact that her affidavit gives a completely different version of the events than the story you have told us here -- that in itself creates a fact issue, IMO.

Of course, I am just guessing as to what is going on -- I might be totally off base...but you know how lawyers like to hear themselves talk.
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#184 of 201 Old 05-17-2004, 05:05 PM - Thread Starter
 
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Here are the titles of their paper work

NOTICE OF MOTION TO DISMISS COMPLAINT WITH PREJUDICE

CERTIFICATION IN SUPPORT OF MOTION TO DISMISS COMPLAINT

BRIEF OF DEFENDANTS PALISADIUM HEALTH CLUB AND SPA, AND JANE GOLDBERG, IN SUPPORT OF MOTION TO DISMISS COMPLAINT
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#185 of 201 Old 05-17-2004, 05:06 PM
 
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All i wanted to do was see whether a compromise could be worked out
My Aunt Fannie she did!

I can't believe how ridiculous this whole thing has become. A baby wanted food and/or comfort from mom, what is wrong with people that they find that "inappropriate?"

Rooting for you! (Pun intended!)


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#186 of 201 Old 05-17-2004, 05:40 PM
 
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This is my favorite part:

Quote:
Originally Posted by aolwife
Rather than inflame Ms Cristiano apparently further in front of her child (although again I did not udnerstand how or why my one sentence had the reaction it did) I walked away.
Oh yeah, she was CLEARLY just thinking of the best interests of your child!
: : :
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#187 of 201 Old 05-17-2004, 06:47 PM
 
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Does it strike anyone else as a contradiction that in the first paragraph she was running to the rescue of the customers who are offended by the allegedly half-naked woman in lobby and in the next paragraph she's claiming to have only been trying to make that same woman as comfortable as possible? Poor manager, she was just trying to make everyone happy and she's so misunderstood. :Puke

Regardless of what was showing or not showing--the law does not restrict how much breast you show while breastfeeding.

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#188 of 201 Old 05-17-2004, 06:52 PM
 
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At that time of day (after the morning rush) the nursery room was closed and dark, but i was prepared to open it - or any other room - and try to make Ms Cristiano comfortable. In other words, i did not want Ms Cristiano to feel that she was relagated to the front lobby and that she was welcome in the nursery if she chose."
Uh huh. Right. Didn't you say the next time you went to the club she had posted SIGNS stating where clients could and could not breastfeed???

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#189 of 201 Old 05-17-2004, 07:00 PM
 
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I just saw this thread for the first time and I can't seem to tear myself away from the computer! I've read every post and update from the first day. I too would like to thank Joy for standing up for nursing Mama's and their nurslings everywhere and giving us a voice!! You rock, Mama!!!

Karen - Mama to Haven (9/00) , Lillie & Faith (MZ - 12/02) and my first homebirthed baby, Willa (3/08)
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#190 of 201 Old 05-17-2004, 07:10 PM
 
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This is why I didn't know who to call when I had Breast feeding problems (my dd would not latch on). Society makes us all hide in a closet. When I finally learned and had a second ds. I breastfed when ever and where ever they needed it. (this was the same time a woman was arrested in Ct for breast feeding her baby in a car in a parking lot - boy did that officer get an ear full. Go for it! Good luck - You will be helping so many others.
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#191 of 201 Old 05-17-2004, 07:16 PM
 
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Quote:
Originally Posted by Meiri
Someone needs to review his anatomy lessons if he thinks for even one moment that breasts are analogous to penises.
I know, I don't get that at all! My personal feeling is that if a man can walk around topless, a woman should be able to as well. Most people don't agree with me so I don't do it, but this whole comparing apples to oranges thing is frustrating!
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#192 of 201 Old 05-17-2004, 07:48 PM
 
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Thanks for the update! I think about you often!

And you know what? If this case never goes any further than where it is right now, you have still won in my book! I am so grateful to you for standing up for yourself and for the rest of us!! THANK YOU!
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#193 of 201 Old 05-17-2004, 07:55 PM
 
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Quote:
Originally Posted by Amywillo
I know, I don't get that at all! My personal feeling is that if a man can walk around topless, a woman should be able to as well. Most people don't agree with me so I don't do it, but this whole comparing apples to oranges thing is frustrating!
Wouldn't it be like comparing bananas and cantaloup? :LOL
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#194 of 201 Old 05-18-2004, 10:34 AM
 
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Wow! I stayed up until 1 am last night trying to read this all, and finished the last couple pages this morning. I can't believe the woman's gall just making up pure and simple lies to wiggle her way through court. Oh wait... yes I can... I've delt with scumbags in court before. We're rooting behind you 100%!! Kick that woman's behind and make sure that club learns exactly what breastfeeding and the legality of it means!
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#195 of 201 Old 05-24-2004, 05:13 PM - Thread Starter
 
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OK, since someone (thanks soccerchic21) mentioned this in another thread I think it caused some kind of cosmic jolt in the universe and my lawyer actually called me about 5 mins later!

Anyway, they still want to settle which is good. Although it disgusts me to that she still thinks she was right and that it was right to say those things about me. I know that the board of health (county and local) made her take the notices down and told her it was illegal.

So we will try to settle before the court date (june 16th). Otherwise it might be dismissed simply because the statute does not allow for monetary awards. The punishment is only warnings and fines. Although, at this point since they sitll won't apologize I wonder how many fines they could be racking up?
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#196 of 201 Old 05-24-2004, 06:24 PM
 
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Just found this thread - Joy, you rule, mama! I'm incensed at the manager and the health club but so thrilled at all the good work you're doing

Btw, here in Ontario, it is legal for women to be topless in public...
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#197 of 201 Old 05-27-2004, 05:09 PM
 
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You know what I find really offensive? Feet, they just gross me out, make me wanna gag etc. But you know what? Taht's my problem and no one should be forced to wear full cover socks and shoes when they'd rather wear sandles so I choose ot overt my eyes.


-heather

Heather married to my highschool sweetheart 6/7/02 :cop: Mother to Dani age 14 and Timmy age 10 Nadia 1/29 :
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#198 of 201 Old 05-27-2004, 06:34 PM
 
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T
Quote:
Originally Posted by MilkfaceMama
Btw, here in Ontario, it is legal for women to be topless in public...
It's actually legal in Texas too I wonder how many places there are that it's legal and people just don't realize it
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#199 of 201 Old 05-28-2004, 01:02 AM
 
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Brings all new meaning to the "No shirt no shoes no service", huh? I bet it would totally throw someone off a woman trying to come in w/o a shirt.
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#200 of 201 Old 05-28-2004, 01:46 AM
 
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Quote:
Originally Posted by aolwife
OK, since someone (thanks soccerchic21) mentioned this in another thread I think it caused some kind of cosmic jolt in the universe and my lawyer actually called me about 5 mins later!
YAY! I am glad I could help :LOL

That lady needs a serious whatever! UGH I guess we can all be happy that it could be worse we could be her!

Sarah - wife, mom to Riley 7/9/03 and Jacob 7/15/05 and Hannah 1/5/11 a successful vbac.gif
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#201 of 201 Old 05-28-2004, 12:14 PM
 
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Hi Joy,

This is my first post. I have been pretty much : since I first joined, getting to know the vibe here.

First, I want to congratulate you on everything positive you HAVE achieved so far. Breastfeeding is natural and should be done anywhere and anytime your child is hungry. You are one person who is making sure that people are aware of that. I just ran across the old post last night for the first time and couldn't stop reading it until the last page and then linked over here.

One suggestion, maybe--is there anyway to get a printout of all the discussions from the beginning regarding the topic here on the Mothering board as evidence? It is pretty well documented and your feelings were always well-intentioned and never mean-spirited or looking for a fight (and you never even cursed or used bad language or anything!). You were just looking for a darn apology and education of the gym's employees. How hard is that?

This has been documented from the beginning of the "fight" in July 2003 on this very forum.

Maybe you could contact your attorney for feedback and Cynthia Mosher on this board. I'm not sure if internet discussions can be used in a court of law, but in my mind, they are very much like a diary (and more accurate than the defendant's memory from more than a year ago...)

Just an idea. I wish you all the best.

Clara

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