[caricandothis]

So, I know the law states that I can BF anywhere that I am allowed to be, public or private.

So let's say that I'm in a private establishment (the recent amusement park thread got me wondering) and someone harasses me about NIP. I refuse to stop and state that by law, I am allowed to BF wherever I am legally allowed to be. Can the place still kick me out? My dh says yes, that any privately owned business can make a person leave their premises for any reason. I know when I worked my boss said the same thing (and would often tell unruly customers that he had that "right"). Does my legal right to BF trump their (supposed) legal right to kick me out? What if they called the authorities? *Could* they have me arrested for trespassing?

Luckily, I've never had a single person question me about NIP (and I've NIP everywhere imaginable

) but I just want to be prepared regardless, yk?

 

[CallMeMommy]

It's my understanding that if your state explicitly states a mother can breastfeed anywhere she and her child are allowed to be, if the restaurant or establishment states that they're kicking you out for breastfeeding they're opening themselves up to a world of hurt. If they just ask you to leave and never state why, that's within their right. But like I said, that's just my understanding, so I'll be keeping a close eye on this thread to find out if I'm right!

 

[carriebft]

The law specifically states "private" and makes the mother breastfeeding a protected group. Therefore, you cannot be kicked out of even a private place for breastfeeding.

 

[caricandothis]

Quote:

Originally Posted by carriebft The law specifically states "private" and makes the mother breastfeeding a protected group. Therefore, you cannot be kicked out of even a private place for breastfeeding.

But if they don't specifically say that they're kicking me out bc of BFing (as the PP suggested)...can they still do it even if it's obvious that that is the reason?

 

[carriebft]

Well, that would be a PR disaster for them if they either didn't give you a reason or made one up, especially if you have witnesses. It could definitely happen...you can be kicked out for things in a private business, but you could definitely turn around and attack back (via media, law, whatever) if you feel it is becuase you were breastfeeding. (chances are, when you are breastfeeding, you aren't doing anything else like running around or endangering people

)

 

[ibbit]

Its sort of like the employment laws here in Michigan. In Michigan, employment is "at will". Which means anyone can be fired just because, they don't have to give you a good reason. However, if they give you a reason that's discriminatory that trumps their "at will" rights.

 

[mamajake]

Quote:

Originally Posted by carriebft The law specifically states "private" and makes the mother breastfeeding a protected group. Therefore, you cannot be kicked out of even a private place for breastfeeding.

Sorry to come in late to this discussion. Sadly, the word "private" does not give any special rights unless it is in the context of some other key words.

You need to look at the whole statute. Does the statute begin "nothwithstanding any other provision of law" as in "notwithstanding any other provision of law, a women has a right...."? If not, it is possible that a property owner's right to withdraw permission to be in his space can be placed above the right to breastfeed.

Also, does the law create an exemption from public indecency law for breastfeeding? If not, the police can say you were arrested not for breastfeeding but for showing too much breast while doing it (keep in mind I don't know of any case where this has happened but I hear about threats).

Most importantly, does the law give the woman a remedy if someone violates her right to breastfeed? Very few do. The Ronald McDonald House moms had a "right" to breastfeed under Texas law but no way to take legal action when the "right" was violated.

Emily Gillette may go down in history for the nurse-ins at Delta Airlines counters, but equally important is the fact that she was thrown off of a plane in Vermont, one of the few states in which she could bring a lawsuit against an entity that violates her right to breastfeed in public. Will Delta Airlines (or other airline) change policy after nurse-ins - so far the answer is "no." Will it change policy when a Vermont court orders them to do so? I think they will.

Jake Marcus

 

[mommy2caroline]

I think it is similar to a person who has to bring a seeing-eye dog into a business, restaurant, and so on... they cannot be kicked out for bringing the dog in, and it may be difficult for the business to come up with a valid reason to kick the person out. I think if you got kicked out while bfing and they didn't give you any reason, it'd be pretty easy to prove what their reason was!