Planning a Protest

Well, I'm back from the Applebee's protest. I'm exhausted! We had 30 adults (moms, dads, and grandparents) and over 50 babies and children. But no press :( despite all my efforts at sending out press releases this week. One station (NBC5) did carry a blurb on the six o'clock news, just using the information we provided, but did not have the personnel to send a crew out to the protest itself. Numbers are still coming in, but looks like nationwide we had nearly 2000 people at 101 events in 43 states.

Oh, but the really exciting news (at least to me) is that I finally bought the shirt I have wanted for at least two years. Mine looks just like the photo and has "I Make Milk. What's Your Super Power" embroidered on it. I bought it at Granola Threads, and the owner, Keri, was most helpful in making sure I received it in time for today's event. You can buy shirts with the same slogan at Cafe Press and the like, but they are about as expensive and not nearly such good quality. Plus, it was on sale.

One interesting thing about planning this protest is that I learned a bit more about First Amendment law. Perhaps I should say "re-learned" - I'm pretty sure it was on the bar exam. I interfaced with an assistant city attorney, a police lieutenant, and a patrol officer. I discussed easements. I read through the Arlington Municipal Code and now know how to apply for a parade permit, should I ever wish to organize a parade. I didn't speak to the press, but I learned how to write and send out a press release. And I sharpened my skills at organizing people, by doing it and by watching others do it. I took the lead when no one else was willing. I'm looking at this big picture. I'm adding tools to my toolbox.

Eatin' Good in the Neighborhood?

Applebee's restaurants are the target of a nationwide protest to take place this Saturday, September 8, 2007, at 12:00 noon (local time), in a response to an incident that took place last June in Kentucky. While discreetly feeding her baby at an Applebee's restaurant, Brooke Ryan was asked to either leave or cover her baby's head with a blanket, in violation of 2006 Ky. Acts, Chap. 80 , which reads in part:

No person shall interfere with a mother breastfeeding her child in any location, public or private, where the mother is otherwise authorized to be.

You can read all the details at Birth Without Boundaries, which is sponsoring the national event. However, I will summarize by saying that Lactivists do not call for nation-wide protests unless the response from corporate representatives has been less than adequate:

Shortly following the incident, Ms. Ryan retained the services of a lawyer who contacted Thomas and King, the company that owns and operates the Lexington Applebee's location. Nearly 2 months later, the company responded with a letter stating "we are considering keeping blankets in the restaurants for use by breastfeeding mothers that may not have them readily available,"...

Here's a list of bloggers covering the event (so far):

Our Applebee's is not nursing friendly... (Azuroo)
Breastfeeding Advocates Sending Nationwide Message to Applebee's (Breastfeeding 123)
Applebees Hates Babies, Try Hooters Instead (Breeders are Eaters Too!)
Applebee's accuses nursing mother of having "an agenda" (Human Lactation Information)
Applebee’s Nurse-In, Nurse-Out (The International Breastfeeding Symbol)
Breastfeeding nurse-out Saturday (Journal of a North American Celtic Bobtail)
August is World Breast-feeding Awareness Month (Kentucky Women)
Applebee's Ticks off Nursing Moms or "I Won't Be Eating Good at THAT Neighboorhood" (The Lactivist)
Applebee's Nurse In (Mama Knows Breast)
Eating not-so-good in the neighborhood (The Mother Tounge)
Nationwide nurse-ins at Applebee's (Motherwear Breastfeeding Blog)
Eatin’ Good In The Neighborhood? (My Little Tribe)
Applebee's Nurse-in (Nursing Your Kids)
Wear Your Burka if You Want to Nurse at Applebees (The Twinkies)
Eatin’ Stupid in the Neighborhood (Women's Health News)

If I missed anything good, leave me a comment.

Pork, Trademarks, and The Other White Milk

I admit I've been in a blogging funk lately. It's been a long, cold, January (o.k., I know I live in Texas but it's cold for here) and we've all been sick with two colds right in a row (except my husband, who escaped the sinus yuck but got himself food poisoning). Not to mention my 3 boys have birthdays 3 weeks apart from mid-January to early February. So I have some excuse. But today it was sunny and over 50 degrees outside, and Spring approaches...

While I was funking, I got scooped on The Lactivist/Pork Board brouhaha by my fellow blawgers. I mean, any story that contains the words "lawyer" and "breastmilk" has Mommy Blawger written all over it, so to speak. Don't ya think?

On to the story... The Lactivist runs a CafePress store where she sells t-shirts and bumper stickers and such with catchy lactivism phrases such as "Eat at Moms" and "The Other White Milk".

Oops.

Seems that the National Pork Board, owner (or not?) of the trademark "The Other White Meat", is concerned about trademark infringement and dilution. They sent a nice long cease and desist letter to the Lactivist, who posts here and updates here. To make a long story short, The Lacitivst got lawyered up, all you bloggers and lactivists out there got really busy (Information Week described it as "National Pork Board Stumbles Into Hornet's Nest Of Bloggers"), Cafe Press pulled the slogan immediately so it was a non-issue anyway, and, most satisfactorily, the CEO of the Pork Board issued an apology. All in just three days. Whew.

Lactivist Amy Philo wrote an absolutely hilarious letter to the Pork people.

In addition to a ton of mommy bloggers (including former lawyer Andi Silverman of Momma Knows Breast), lawyers Denise Howell, Ann Bartow of the Feminist Law Professors, and Ted Frank of Overlawyered, all mentioned the situation, and Marty Schwimmer is responsible for the memorable phrase, "Don't send a demand letter to a blogger if the subject matter is breasts, as they make for good copy."

Kaimipono Wenger of Concuring Opinions summed it up best: "Overall, I can't say that this was a bad legal decision. Just a very bad business decision." No kidding.

Daycare Charges More for Breastmilk

Although most daycare centers are supportive of breastfeeding, the Motherwear Breastfeeding Blog reports that at least one has been charging parents extra to feed babies the real thing:

Here are just a few of the reasons why charging more for serving breastmilk is absurd:

It's safe and requires no special storage. The Centers on Disease Control (CDC) states that breastmilk is not considered a hazardous bodily fluid (something requiring "universal precautions" in health care-speak). As such, it requires no separate storage, protection, or handling by a child care provider.

It's easy. Breastmilk is no more complicated to serve than formula, and does not require mixing and measuring as formula does.

It saves them money. Babies receiving pumped milk are less likely to be sick, which means less disease spread among children in the center, and less absences for both babies and staff. This reduces a center's cost of operation.

Babies are happier and less messy at day care. Breastmilk is more easily digested than formula, so breastfed babies are less fussy, spit up less frequently, and have less diarrhea - all things you want to avoid if you are a day care provider.

All good points. I had always wondered whether breastmilk was considered a hazardous bodily fluid.

Breastfeeding Legislative Update - Wisconsin

The county board of Dane County, Wisconsin (i.e. Madison) has enacted an ordinance which "prohibits anyone from interfering with a breastfeeding mother in any public place in Dane County."

While the ordinance overwhelmingly passed the county board, there is a similar measure currently in committees of the Madison City Council as well as the state Legislature.

There are consequences for a violation of the ordinance. Anyone who violates the law could be subject to a fine ranging from $10 to $100, WISC-TV reported.

It is rare, though not unheard of, for a city or county to pass such an ordinance (see Chandler, AZ), and even rarer (this may be the first, outside of Scotland) for a fine to be imposed on those who interfere with a breastfeeding pair.

Breastfeeding Legal Update - Vermont (Delta/Freedom/Mesa)

Freedom and Delta airlines have asked that the complaint filed with the Vermont Human Rights Commission against them be dismissed. (link)

[Emily] Gillette is arguing that her civil rights were violated because breast-feeding is a right protected by Vermont's Public Accommodations Law.

Freedom Airlines argued in a Monday letter to the Human Rights Commission that the federal Airlines Deregulation Act trumps Vermont's human rights law, because state law cannot interfere with air carrier service.

Delta is, not surprisingly, arguing that since the flight attendant was a Freedom employee, they are not a proper party to the complaint.

In this case, the plane was on the ground so there is (apparently) no jurisdictional or choice-of- law question. If the plane was in the air, however, what then? Sounds like a law exam question to me.

(HT: Amy)

DFW Airport Nurse-in, Take II

(or: The Mommy Blawger Gets "Lactive")

I arrive at 10:30am. As I pull into a parking space, I notice two women in the car next to me unloading small children - one is wearing a sling. I think, "they're with me". And they are. As we head inside the terminal, we look for the Delta counter. One of the women spots the group - "I see baby carriers," she says, and we head that way. And indeed, although this is a nurse-in, it looks more like a baby-wearing conference. Ring slings, pouches, Mei Tais, simple pieces of cloth, shawls, you name it. In fact, there are nearly 30 children under the age of 5, and only 3 or 4 strollers.

Someone comes around with stickers featuring the new international breastfeeding symbol, and a sign-in sheet. Later I learn that a total of 27 adults signed in, although it looked to be more than that. There are a couple dads and a few women without babies. When I arrive, there are two camera crews, CW33 and another one, NBC5 I think. The around 10:45, Jeff Brady, the anchor from WFAA 8, shows up. All of the reporters and crews shake hands and say "hi there" like they are best buds.

The news teams do a bunch of interviews. The only disconcerting thing is that whenever a cameraman spots a baby starting to nurse, he comes right over for a close-up. Nothing screams "look at me, I'm breastfeeding!" like a news camera parked six inches from your boob.

Really, nothing much happens. We have no contact with airport police or Delta employees, except one official who will occasionally come by and remind everyone to keep the walkway clear. Mostly we just stand around and chat like mothers of young children are apt to do. I run into women I know from our local homebirth organization, a woman I met at CAPPA CBE training this summer, a woman whose garage sale I went to a couple months ago, and women I know online but have never met in real life. There were La Leche League people, attachment parenting people, homebirthers, and babywearing gurus. Younger moms and older moms. First-time moms and moms with a bunch. Crunchy and not-so-crunchy.

At about 11 am, the power goes out. I sense hopes for a top news spot vanish as the story shifts to "breaking news! power outage at DFW airport strands travelers". Thankfully, the power comes back on after 15 minutes or so. My milk lets down, and I take advantage of the distraction to nurse Andrew, completely unnoticed. Although I do breastfeed in public, and have ever since my first was two weeks old, it has taken me three babies and 4 1/2 years to become entirely comfortable with it. I don't really want to do it on camera.

Perhaps because I am standing towards the end of the long row of moms & babies, or perhaps because I just look approachable, passers-by keep asking me what is going on. One asks if this is a convention; another says excitedly, "is this a nurse-in?" I don't think anyone would have taken much notice if it weren't for the cameras and reporters hanging around.

By 11:30, cranky toddlers hit "meltdown" and folks start to leave. Jeff Brady has, apparently, contacted DFW Airport for a statement. Speaking with four of the women who were at the first nurse-in, he says that a spokesperson for the airport claims that they were passing out literature and holding signs, both activities which require permits, and that is why the police intervened. The women disagree, and are filmed giving their version of events. None of this is going to make the evening news, of course.

Later, I wonder what all the fuss was about. We made a point. We'll probably be on t.v. I met some interesting people. I talked to four or five strangers who know more about breastfeeding laws than they did before. Maybe we educated some people. Maybe we offended some people. No one got arrested.

In the afternoon, mom and I went for haircuts. When we told mom's stylist about the nurse-in, she related an incident that happened here in the North Texas area. She was at a restaurant, and a woman was feeding a small baby in the waiting area. She was totally covered by a blanket, and in fact the stylist and her husband were not aware she was nursing at first. Then another man in the waiting area began telling the woman she "should not be doing that". Next his wife started in on her. Finally the manager of the restaurant came out and told the woman she should either finish up in the restroom, or out in her car. The stylist and her husband were appalled that people would be yelling at a woman holding a small baby, nursing or not.

Then it struck me. For every Emily Gillette who is strong enough and educated enough to stand up for her rights - get a lawyer and file a complaint, know the right people to contact to inspire over 700 people in 40 cities to show up at their local airports two days before Thanksgiving garnering national and international media coverage - there are countless others who are intimidated, harassed, or embarrassed, and do nothing. Worse, think of the mothers who never breastfeed because they are daunted by the thought of nursing in public and want to have a life. Think of the babies whose hunger cries are ignored because they come at an "inconvenient" time or place, impairing the nursing relationship and reducing their mom's milk supply.

Modesty, or "discretion", is a red herring. I see women and girls all the time dressed immodestly. I would love to ask a woman with a lace thong peeking out of her ultra-low-cut jeans to just wrap a sweater around her waist. I don't want to see that, and I don't want my husband or young boys to see it either. What would be so hard about covering up a little? But I don't, because she is free to dress how she wants, and so am I. We invaded Afghanistan to defeat the Taliban (and their oppressive treatment of women), but some misinformed people here at home still try to dictate what a mother and baby can do in public.

This battle is about raising awareness of the law. Until policemen, flight attendants, restaurant managers, store owners, movie theater ushers, and last but not least the mothers themselves know that a baby has the right to breastfeed anytime, anywhere, and its mother is not legally required to be "discreet", the Nurse-in will continue to be used until society as a whole, "gets it".

To borrow a famous quote about childbirth, if you don't know your rights, you don't have any.

Airport Activism; DFW Protest Re-scheduled

Imams, ministers and a rabbi staged a "pray-in" demonstration Monday at Reagan Washington National Airport and asked an apology from US Airways for barring six Muslims from a Minneapolis to Phoenix flight last week.

Bet no one told them that what they were doing was "obscene" or asked them to leave. Hrmph.

The nurse-in which took place nationwide last Tuesday - but only for fifteen minutes or so at the Dallas/Ft. Worth International airport - has been rescheduled. The press release reads, in part:

Breastfeeding Rally To Take Place At DFW Airport

Nursing mothers and their supporters will be gathering on Friday, December 1 at 10 AM, at the Delta ticket counter in Terminal E of DFW airport.

On November 21, mothers and other advocates took part in a nation-wide nurse-in at roughly 40 U.S. airports. Like all of the rallies across the country, the Dallas/Fort Worth Airport Nurse-in supported the right to breastfeed in all public and private locations, anywhere a mother and child might be, regardless of any issues of discretion. There was no formal national organization sponsoring this event, but amazingly, hundreds of mothers and other supporters turned out nation-wide. Unlike the rest of the nation, however, the supporters at the DFW Airport rally were harassed, insulted, and threatened with possible arrest by members of the DFW police (Department of Public Safety officers), and then asked to leave.

Though the right to breastfeed already exists, many people are unaware of this right, or may choose to challenge this right, or otherwise intimidate and cause discomfort for nursing moms, posing a great threat to the continuation and exclusivity of breastfeeding relationships and compromising the health of mothers and children, and the economic well-being of the society.

The issue of breastfeeding rights goes far beyond a woman’s right to nurse - it also encompasses a basic human right for children, the right to eat and to receive comfort and nurturing at the breast.

The Nurse-ins have been coordinated by volunteers.

So who's going?

Airport Lactivism

Just a couple good blog posts:

The Lactivist - Port Columbus Nurse-In a Success!

Mama Knows Breast - Blogs Report on the Nurse In

Delta Lactivism Update - Today's Nurse-In

Today, at 10 a.m. local time, breastfeeding moms and their supporters converged on 39 airports across the US, and as an act of protest, nursed their babies. While some locations only had a handful of participants, others - like Portland, Oregon and Vermont's Burlington Airport - drew upwards of 40 adults and countless children.

Motherwear's Breastfeeding Blog has a very good summary of the incident and the coverage. I just want to point out that the event was covered on NPR's All Things Considered and ABC's World News Tonight. Locally, CW33 covered the nurse-in - or lack thereof.

And now we come to the part of the post where The Mommy Blawger gets very angry and walks around the house aimlessly, muttering to herself.

At the Dallas/Fort Worth International Airport this morning, six women and nine children arrived at the Delta ticket counter area for the nurse-in. After about 15 minutes - and, they say, after only one baby had been breastfed, as if it matters - they were approached by a police officer and asked to stop. While discussing the finer points of Texas law with the officer, she reportedly told one of the women that what she was doing was horrible, indecent, offensive, awful, obscene, reckless, and disorderly. One officer quickly became three, and the women were told they could be arrested for indecent exposure or disorderly conduct.

Let's review:

Texas Penal Code § 21.08. INDECENT EXPOSURE. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.

Title 5 does not define "genitals", but last I checked, breasts were not considered genitals.

Texas Penal Code § 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act;

No breasts there either. How about this one:

Texas Health & Safety Code § 165.002. RIGHT TO BREAST-FEED. A mother is entitled to breast-feed her baby in any location in which the mother is authorized to be.

Ah, how simple. Is it really too much to ask that police officers be familiar with the law? The statue was only enacted eleven years ago, so maybe the word hasn't gotten out yet.

After being informed that they needed a permit to hold a demonstration, the mothers packed up and hiked over to Administration, where they obtained said paperwork.

There will be more blogging on this topic. Much more.

Delta/Freedom Lactivism

A woman in Burlington, Vermont was kicked off a Freedom Airlines-operated Delta flight when she was breastfeeding her infant before take-off and refused the offer of a blanket:

A complaint against two airlines was filed with the Vermont Human Rights Commission, although Executive Director Robert Appel said he was barred by state law from confirming the complaint. He did say state law allows a mother to breast-feed in public.

Elizabeth Boepple, a lawyer hired by 27-year-old mother Emily Gillette, confirmed that Gillette filed the complaint late last week against Delta Air Lines and Freedom Airlines. Freedom was operating the Delta commuter flight between Burlington and New York City.

A Freedom spokesman said Gillette was asked to leave the flight after she declined a flight attendant's offer of a blanket.

The spokesman was quoted as saying:

"A breast-feeding mother is perfectly acceptable on an aircraft, providing she is feeding the child in a discreet way," that does not bother others, said Paul Skellon, spokesman for Phoenix-based Freedom. "She was asked to use a blanket just to provide a little more discretion, she was given a blanket, and she refused to use it, and that's all I know."

Mesa Air Group, who owns Freedom Airlines, quickly backtracked:

Mesa Air Group, Inc. would like to issue the following clarification following media reports regarding difficulties experienced by a passenger aboard a Freedom Airlines flight. The statement by our Company spokesman on November 14, 2006 incorrectly described the Company's position regarding passengers' breastfeeding their children on Company aircraft.

There seems to be some disagreement on whether or not the family was offered re-boarding.

Ms. Gillette was interviewed on Fox's The Big Story w/John Gibson and by Mothering Magazine, which is providing ongoing coverage.

Hawthor the Cow Goddess did a comic.

Logo above courtesy of Daddy Types, snarky comments no charge.

A boycott is rumored.

A nurse-in took place last wednesday at the Burlington International Airport, and a nation-wide nurse-in at Delta and Freedom Airlines counters is sceduled for Tuesday, November 21 at 10:00 am local time. I'll update tomorrow.

International Breastfeeding Symbol

Mothering Magazine announces the winner of its Breastfeeding Symbol contest. Check out the interview with the winner.

"Le 'Big Breastfeed' Demonstration"

Europeans are always saying how prudish we Americans are when it comes to breastfeeding in public - but apparently they have problems of their own:

French mothers challenge taboo at 'Big Breastfeed' demo

Update: ACLU v. Toys "R" Us

From The Imperfect Parent, Toys "R" Us has issued an official response.

However, via the Gothamist, Tracy Connor of the New York Daily News tests the response of New Yorkers to nursing in public:

In the back of an aisle at [Toys "R" Us'] Bay Parkway, Brooklyn, store, I feed my child quietly for five minutes - until a worker spots me.

"Excuse me, ma'am," she bellows. "We have a room where you can do that."

I explain that I had checked out the "mother's room" and found the sofa dirty, but she's undeterred.

"It's not good in the open like this...for the other people who can see," she presses.

When I remind her that I can legally breast-feed wherever I want, she changes her tune. "I just think you would be more comfortable," she says. "If you're comfortable here, that's fine."

Moments later, another clerk sees us and says, "Oh Lord!" She scurries off, perhaps to speak to a manager, and I brace for a new confrontation. But when she returns it's with the offer of a chair to use in the aisle and when I refuse it, she leaves us in peace.

Best place in The City to NIP? The extrememly posh "Le Cirque":

General manager Benito Sevarin tells me I'm hardly the first woman to breast-feed over four-star cuisine.

"In fact, a few days ago we had a woman - a very famous woman, I won't tell you her name - nursing her baby," he says. "There's nothing wrong with it."

Quite fashionable all 'round.

(follow-up to: ACLU Goes After Toys "R" Us)

ACLU Goes After Toys "R" Us

This week a New York woman breastfeeding in a Toys"R"Us was asked to go elsewhere (because there were "children around"). It seems like I hear a report of this nature almost every week, but this time the ACLU has gotten involved:

In a letter to the company sent today, the NYCLU sought a meeting with Toys "R" Us officials; an apology; appropriate compensation for Meyerson; and a written guarantee that Toys "R" Us would permit breastfeeding in its stores and would train its staff about the policy.

Galen Sherwin, Staff Attorney for the NYCLU Reproductive Rights Project, added: "This is about public health, not public morality."

Twelve years ago the NYCLU lobbied for and secured the passage of a law that specifically establishes the right of all New York mothers to breastfeed in public. That statute, a section of New York State's Civil Rights Law, provides that "a mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be."

"Prohibiting public breastfeeding is bad public health policy -- and it's also against the law," said Elisabeth Benjamin, NYCLU Reproductive Rights Project Director. "Health care providers and the law agree that families who choose to breastfeed their children should be able to do so whenever and wherever necessary."

Although I'm not usually a big fan of the ACLU, I'm glad to see that this is being viewed as a civil/human rights issue. As I have said before, I do see it more as the infant's right to recieve appropriate nutrition rather than the mother's right to breastfeed.

But if I were Ms. Meyerson, I wouldn't hold my breath waiting for any "appropriate compensation".

Breastfeeding Legal Update - Nurse-Ins in New York, Texas

Lots of activity on this topic lately.

In New York, a Nurse-In was planned this week after a woman at the Longwood Public Library was asked to "cover up":

New York State law on breast-feeding established in 1992 "guarantees a mother the right to 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 breast feeding."

"I explained to her I wouldn't cover up and that she was being unlawful," Ms. Neary-Wood said. "I told her that now when people complain [about women breast-feeding in the library], she'll have something to tell them and no other woman will be harassed or asked to leave a program."

Library director David Clemens told The Sun Thursday "the library follows the law."

But Ms. Neary-Wood and friend Kristen Ferrara of Rocky Point, who was also breast-feeding at the class, say that's not what Mr. Clemens told them June 30.

The two allege Mr. Clemens told them "we don't have to follow the law" and that the public library is "not a public place." His explanation of this statement, they say, is that the library is governed by a board of directors.

I mean, of all the places one would expect to be able to brestfeed without being harrassed, it would be Storytime. That's almost like being asked to cover up at a La Leche League meeting. Sheesh. (Link)

In Buda, Texas, Breastfeeding fans still want apology:

During the citizen comment period, Michelle and Jason Hickey and many others spoke about the breastfeeding incident at Kyle Pool.

"All my wife was doing was breastfeeding her child," Jason Hickey said. "The people that were involved basically looked for a reason to tell my wife, 'Oh, you were in the wrong,' when she was never in the wrong."

At least five other citizens said they felt Hickey was treated unfairly and deserved an apology.

I didn't see any articles about the original incident, but you get the general idea.

And close to home, a Dallas mother was kicked out of Gutmann's Home Furnishings on Inwood Road for breastfeeding. Worse, when she called the police, the officer sided with the furniture store owner. The Dallas Police Department is reviewing the case. A Nurse-In took place on Saturday, and you can watch the Fox News Broadcast online. Double kudos to Fox4 News for not only showing the mom discreetly breastfeeding, but also for quoting the Texas statute in their coverage.

Related post: Lactivism, Nurse-ins, and Victoria's Secret

But We Do Have Laws in Texas

Mother uses breastfeeding incident to educate city

Why Michigan Needs a Law

Pool Area Not For Breastfeeding, Ann Arbor Woman Told

My First Nurse-In

Jen is planning to attend her first Nurse-In.

(Related post: Lactivism, Nurse-ins, and Victoria's Secret)

Lactivism, Nurse-ins, and Victoria's Secret

At last count, 39 states (and a few cities) have enacted legislation protecting the right of mothers to breastfeed in public. Usually this legislation exempts breastfeeding from public indecency laws, with language stating that a woman has the right to breastfeed "anywhere she is legally allowed to be" or something similar. Federal legislation on the topic ensures the right to breastfeed on federal property. None of the legislation, to my knowledge, has any "teeth"; that is, there is no fine (so far) or remedy in tort for a mother who has wrongfully been asked to move, cover up, or stop breastfeeding (but see Scotland, which levies a fine).
One could argue that there is an inherent right to breastfeed in public without legislation, but that is beside the point.

Lactivists, however, have developed their own disincentive for businesses who give nursing moms a hard time: the Nurse-In. Basically, it works like this: You own a business. One of your employees asks a customer to stop breastfeeding in your place of business, otherwise open to the public. Or cover up. Or go to the restroom to nurse. Either on their own whim, or at the request of another customer. Regardless of how the situation is resolved, mom goes back home, and complains of the incident on her blog, on her email and discussion groups, at her La Leche League meeting, etc. And the news will spread like wildfire. Promom will start a letter writing campaign. The incident will be discussed to death on Mothering Magazine's discussion forums. Hawthor the Cow Goddess will write a cartoon about you. Your business will be on the evening news.

If you act quickly, offer an apology, and promise to change your company policy and educate your employees on the law, you may be able to avoid the Nurse-In. Maybe not. What will happen is that on a given day, at a given hour, anywhere from two to a hundred women with nursing infants (and some without) will come to your establishment and nurse their babies. If, by the time of the Nurse-In, you have apologized and made nice, the lactivists will eat at your restaurant, shop in your store, and be friendly. If you are stupid enough to still profess to be in the right by this point, they will stand on the sidewalk, or across the street, carry signs, and eat at your competitor's restaurant.

On June 21st and 22nd, there were two separate incidents (in Boston, MA and Burlington, WI) where women who were shopping at Victoria's Secrets were asked to use a public restroom instead of a changing room or nursing in the store. In case you miss the high irony of the situation, here are some quotes from the Blogging Baby article:

[S]he had been asked "to nurse in the restroom because the sight of her breasts might offend a customer."

Imagine, Victoria's Secret customers offended by the sight of breasts!

When she refused to nurse in the bathroom, she was told that "it was unsanitary for her to nurse in the dressing room because people change in them."

And restrooms are more sanitary?

If this had been the first such incident for Victoria's Secret, it might have been forgivable, but sadly it is not. After you get some bad press on this once, you think you'd get the word out to your managers and employees. Also, Victoria's Secret does not carry nursing bras (although I do own two of their bras and manage to nurse in them quite comfortably), even though sexy fashionable nursing wear is quite hot right now.

Anyhow, these two women started a nationwide protest - yesterday at 1:00 pm Nurse-Ins were taking place at VSs across the US. (I tried to blog about this two days ago but ran out of time. If you wanted to go and were depending on me to give you the heads up, you need to get out more often). They were met with varying degrees of response from the VS employees, from complete ignorance of the Nurse-In, to a pleasant "yes, we have been told to expect you" welcome. A couple minor run-ins with mall security, but no arrests as far as I know. Also clear from the post-Nurse-In debriefing; the problem with scheduling these things is, sometimes babies just don't want to nurse at 1pm on a Saturday in the middle of a mall. It's hard to have a protest when half your participants don't feel like participating.

I hope, by the tone of this post, I don't seem unsympathetic to, or critical of, the Nurse-In as a form of social protest. I actually think it is quite effective and might have joined had my domestic schedule been otherwise. But I am looking at it from the point of view of the business owner, for whom it is a major, yet very avoidable, public relations fiasco. On the other hand, as they say, there is no such thing as bad press.

I have two pet peeves, one for each side. I hate it when businesses say "our company policy permits nursing in our store." I want to scream when I hear that. In a state where breastfeeding in public is permitted by law, it is not up to the business to "permit" or "forbid" breastfeeding on their premesis. They can be welcoming or not, educate their employees or not, but it is not up to them to "allow" it.

On the other side, almost all of the articles about the Nurse-In will quote someone saying something like "you see more in their magazines and store windows than you do when a mother nurses". While technically that is true, and I am in no way defending Victoria's Secret's (and popular culture in general's) abhorent lack of modesty, it is all about nipples. In our society, you can show all of the breast but that. Any any woman who claims that all of the nipple is in the baby's mouth while breastfeeding in public is either lying, or has unusually small nipples (or a baby with an unusually large mouth) . Ok, sorry to be so blunt, and please don't leave me nasty comments, but it's the truth.

Here are a few links, and I'll update with some of the better news items as they trickle in:

Breastfeeding Moms Blast Victoria's Secret in Nationwide Protests
Victoria's Dirty Little Secret
Reluctant Lactivist
CITIZEN-TIMES.com: Breastfeeding mothers to stage protest at Asheville Mall
Fox 42 Nebraska
Huntsville Times


**Update 7/05/2006**

The Cleveland Plain Dealer published a truly sensational and bizarre article:

Lactation and lacy lingerie were the subjects of a national nurse-in Saturday as breast-feeding mothers across the country let their kids chug-a-lug in front of Victoria's Secret stores.

Fifteen mothers armed with hungry babies gathered on the sidewalk outside the Crocker Park Victoria's Secret store in Westlake where scantily clad mannequins seemed delighted by the peaceful, half-hour demonstration.

"It's kind of ironic that Victoria's Secret, which plasters breasts everywhere, is offended at seeing breasts used for their intended purpose," said Anna Mauser-Martinez, who organized the local nurse-in and volunteered that she happened to be wearing a pair of Victoria's Secret underwear.
...
Back on the sidewalk, the mothers caught Aaron Bonk's eye. A juggler and stilt walker, he towered over them on 4-foot stilts. "Oh," Bonk said, sounding surprised. "You're nursing right here? Good!"

Looking up from her suckling child, Amy Klomfas said, "It'd be fun to breast-feed on stilts" - a notion that Bonk advised against.