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Legal to ask you cover up?

625 Views 6 Replies 7 Participants Last post by  brown eyed girls
This musing is inspired by what happened to Persephone the other day (she was asked by two manager to cover up while nursing in a store.) Persephone lives in Indiana, where her right to breastfeed is protected, and where breastfeeding woman are implicitly exempted from indecency laws.

So it would have been a clear violation of the law if the manager told her that she had to either cover up or leave the store. But what if the management just asked her to voluntarily cover up? Would that be illegal? It doesn't seem like it. Any one else have any thoughts?

Here is Indiana's Breastfeeding Law:
C 16-35-6-1
Right to breastfeed
Sec. 1. Notwithstanding any other law, a woman may breastfeed her child anywhere the woman has a right to be.
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Isn't part of the reason for the law so that women aren't harassed while breastfeeding? I can't think of a way to ask someone to cover up that wouldn't draw more attention to the situation.

If the management is really concerned about discretion, they should provide chairs in discrete places. Our local Meijer doesn't even have dressing rooms anymore (which makes me wonder why they try to sell clothes).

I think that, since the majority of women are not trying be exhibitionists while breastfeeding (Hathor? nah, she just doesn't care...), that if a woman is breastfeeding without some sort of cover she's fine with that amount of exposure, but drawing attention to her by asking if she would be willing to cover up could make her very uncomfortable.

The one possible exception I could see, and keep in mind that if you're staring so much that you notice this, you're probably rude, would be if a mother is trying to cover up and it isn't quite working, like someone trying to use a prefold as a cover, then management could come over with a blanket or something and say "Just so you know, it's perfectly legal for you to breastfeed in public and you don't need to worry about covering yourself up in this store, however, if it would make you more comfortable, I do have this blanket available. You don't have to use it, thank you so much for shopping at our store today."
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I would think it could be illegal if it became harrassment. That is, just asking once if she would cover up, or "wouldn't you be more comfortable with this giant ugly scratchy blanket blocking your child from your view?" and going away when told, in the politest possible way of course, to *-off, would be legal. Standing there calling lots of attention to her, refusing to accept "I'm perfectly happy here, now please leave me alone" as an answer, etc, would qualify as harrassment even if no ultimatum of "cover up or leave the store" was explicitly said.

That's my lay interpretation, though.

And even if not illegal, it is stupid and immoral and butt-hole-ish.
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The one time I've ever made a suggestion to a bf'ing mama was one who was trying to cover up w/ a blanket and unbutton from the top of her shirt all at once. I suggested that it was easier and showed less to unbutton from beneath. I never would have made such a suggestion if it wasn't obvious that discretion/modesty was an issue for her.

That was at a park. I can't imagine ever saying something to someone in a business.
Quote:

Originally Posted by Ravin
The one time I've ever made a suggestion to a bf'ing mama was one who was trying to cover up w/ a blanket and unbutton from the top of her shirt all at once. I suggested that it was easier and showed less to unbutton from beneath. I never would have made such a suggestion if it wasn't obvious that discretion/modesty was an issue for her.

That was at a park. I can't imagine ever saying something to someone in a business.
Where were you when my son was a week old? It changed my life when I learned how to unbutton from the bottom up, poor DS was 2 or 3 months old before I figured that out, just screaming for his mama milk while I fiddled with the darn blanket and buttons at the same time.

I think that common sense should tell a person that if a woman is uncomfortable nursing her child while sitting on a stack of Gatorade cases, she would have asked a manager for help finding a dressing room or something. Really when a person says "Would you be more comfortable hiding?" What they really mean is "I would be more comfortable if you hid."
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I puzzle this all the time. Here in Ontario, it is actually legal to go toplessf(!), not that anyone does (except men who shouldn't, urg). Why do we have to feel immodest when feeding our kids?
It's legal here in Austin, too. There is a city code that says because men are allowed to be topless in public, it would be gender discrimination for women to not be allowed. Still, we have people freak at bfing.

I was at a grocery store once when my dd had a melt down at 6 mos old. I was in a DRESS that ONLY buttoned from the top-- and I had left my sling at home *doh* so I just unbuttoned and nursed her as I walked through the store with 3 small boys 5 and under, trying to just buy peanut butter and bread because were expected at my SIL's apartment for lunch like 5 minutes ago. The manager saw me struggling, and approached me, never said a THING about bfing with my boob /chest uncovered.... he just asked if he could carry my bread and PB for me! Then he called a sacker to come help me out to my car... it was so awesome.

Other experiences I've had with BIP is storekeepers asking me if they can give me a bottle of water/cup of water since I'm bfing, because they heard you have better milk if you drink lots of water! LOL
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