Birth Center Grand Opening - Cleburne, Texas

If you live near the Dallas/Ft. Worth metroplex - particularly the southwesternmost portion - you might want to check out the newest birth center:

We are thrilled to announce the Grand Opening Celebration of Edenway's Cleburne Birthing Center on Saturday, December 6, 2008 from 11am to 4 pm at 805 N Main, Cleburne, Texas 76033. Come see how we can help you achieve the birth you desire. Meet our staff! Tour our facility! Bring the whole family for FREE refreshments! FREE pregnancy testing! FREE chair massages! Door prizes! Kids' jump house! Free info about natural childbirth, waterbirth, fertility health, baby slings, massage, herbs, birth photography, and chiropractic care in pregnancy… This will be a fun event for the entire family! Visit us at www.cleburnebirthingcenter.com or call 817-558-BABY for more information.

Some news, and a break

Hello, faithful readers.

I'm going to be taking an extended blogging break - probably 4-6 weeks - and then I will be back with an announcement and a renewed commitment to my blogs. Until then, here are a couple headlines that have popped up recently:

An Arkansas court of appeals says that shackling prisoners during labor is not unconstitutional.

After a six-year absence, nurse-midwives are returning to Austin hospitals.

Midwife-signed birth certificates along the Texas-Mexico border questioned.

If you haven't heard, the AMA has joined ACOG in opposing homebirths. For more on this flap, check out these responses from ICAN, MANA (pdf), Citizens for Midwifery, and Ricki Lake, Jennifer Block & Abby Epstein on the HuffintonPost. Feel free to leave a link to your favorite blog post in the comments.

Breastfeeding and FLDS Mothers

I'm taking a bit of a blogging break this week while we have houseguests, but I wanted to pop in and mention this new blog, FLDS Babies Have Right To Breastmilk:

I am saddened to say that many Texan breastfeeding mothers may be separated from their nursing infants immediately, if not already... While we may not agree or understand the circumstances, I think we need to fight for the right of the children to have the best care and nutrition, which includes breastmilk.

The blog also contains information on breastfeeding and family law/custody issues.

Breastfeeding Legislative Update

Tanya Lieberman, host of The Motherwear Blog, has done an excellent job of summarizing recent breastfeeding-related legislation. So much so, that I don't feel like I need to do my own, which I was - sort-of - working on. I do have a couple additions to the list, below.

La Leche League maintains a Summary of Proposed Breastfeeding Legislation; however it is not as complete as one would like.

Texas - The September, 2006 issue of ParentWiseAustin covered the state's NIP statute thoroughly:

What’s the big deal about breastfeeding in public? The law, that’s what. Although it protects a woman’s right to breastfeed in Texas, few folks know about it and, even if they do, they don’t necessarily have to follow it. We explain why beginning on page 8.

Excellent reading. I even learned some things, such as the fact that a woman who feels that her right to breastfeed has been interfered with can file a complaint with the Texas Department of State Health Services , which "responds to complaints by sending a letter to the facility where the alleged violation occurred, explaining the law and encouraging the owner or manager to inform employees about it." They get about 2 or 3 complaints a month.

Also, the Texas DSHS has a number of brochures and other breastfeeding information which can be ordered or downloaded, including a "licence to breastfeed in public" card.

Wisconsin - Assembly Bill 104/Senate Bill 30 would guarantee the right to breastfeed in public and put in place a fine not to exceed $200 for interfering with a breastfeeding mother. Also, the city of Madison approved a breastfeeding ordinance in January.

Internationally, Chile passed a law this year giving mothers the right to breastfeed their child at work; and the city of Toronto is hoping to raise public awareness of the protected nature of nursing in public.

Inmate Delivers Baby In Jailhouse Elevator

Inmate Delivers Baby In Jailhouse Elevator: Mother, Baby Transferred To Parkland Hospital

A female inmate housed at the George Allen [Dallas, Texas] Jail Infirmary went into labor early Friday morning and delivered her child before paramedics could arrive. At about 5:25 a.m. the woman, 23-year-old Ada Hernandez, told officers that she was in labor and was escorted to a nurse's station. Medical staff determined that Hernandez needed to be transferred to Parkland Hospital in Dallas to deliver the child. Before the ambulance arrived, Hernandez's labor intensified and she delivered the baby boy in the elevator at 5:43 a.m.

Thankfully, the story has a happy ending - the woman was set to be paroled the same day so she and the baby will be discharged from the hospital.

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.

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.

Mother Sentenced For Using Cocaine Before Breastfeeding

In Tarrant County (that's Ft. Worth, Texas, y'all), Corrina Richardson was sentenced to four years in prison pursuant to a plea agreement. Ms. Richardson was accused of using cocaine and then breastfeeding her then-14-month-old daughter, which caused her to have a seizure.

(link)

Law Related Education Resources

The State Bar of Texas' Law Focused Education page has a lot of good resources for educators & parents.

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

The Next Supreme Court Justice of the United States

When I was twelve, I wanted to be a lawyer.

This may not seem so surprising, since I actually am a lawyer. However, after my brief early flirtation with the law, I quickly lost interest in the legal profession, an interest I did not regain until about 6 months after I graduated from college.

But my dad, the son of a lawyer who had himself once planned to go to law school, did his best to encourage my career aspirations. One day when there was no school, he took the day off work. We went downtown to the Dallas Courthouse, where we spent a good hour or so watching the morning docket - mostly plea bargains, that sort of thing. I got to go up to the bench and meet the aptly named Judge Scales.

After our morning in court, we had lunch with a lawyer friend of my dad's - actually, a woman he had dated in college. From what my family tells me, theirs was a fairly serious relationship. Don't know exactly why things didn't work out between them, but according to my grandmother, my father (now deceased) is known to have said that she was "too much woman for him." Or any man, for that matter; as it turns out, she never married.

I don't remember her giving me any great career advice. What do you say to a twelve-year old who wants to be a lawyer? "Don't do it, kid, you'll regret it"? "Stay in school and get good grades"? What I do remember is people stopping her in the hall at the courthouse, asking her questions or just greeting her, and she seemed like a busy person who knew a lot of people. Back then I didn't have words for it, but now I would use words like "important", "powerful", "well-connected", "respected". Busy, but not too busy to have lunch with an old friend and his daughter.

That woman was Harriet Miers.

My father's family, most of whom are Catholic Democrats (as was Ms. Miers, once upon a time), are delighted to know someone who has been nominated to the Supreme Court. They always liked her, and we all have been following her career for years. No "Harriet who?" comments around here. It's probably the only thing that George W. has ever done that they have approved of. The conservative pundits, however, are "disappointed" and "underwhelmed". With a few notable exceptions; Marvin Olasky is blogging both "pro" and "con" - but he has interviewed actual people who actually know Ms. Miers. Texas attorney Beldar is doing a great job of defending and fact-checking (here and here and here and here and here and here). For instance, he points out that the Texas Bar Association is a very different animal from the ABA. Locke, Liddell is a top Texas law firm. And while SMU may not be a "first tier" law school, it is by no means "second rate". It is well-respected both regionally and internationally, and as an SMU law graduate, the wife of an SMU law graduate, and the descendant of an SMU law professor, I will have you remember that. Thank you very much.

"'Every woman lawyer in Dallas, Texas, owes a debt to Harriet Miers,' said Robin P. Hartmann, a partner with the Dallas law firm of Haynes and Boone", quoted in an Associated Press article.

My point exactly.

Family Law Joke (sort of)

Just received this via email (please note, I am an SMU law school alumna):

Dallas, Texas

August 24, 2005

A seven-year-old boy was at the center of a courtroom drama today when he challenged a court ruling over who should have custody of him.

The boy has a history of being beaten by his parents and the judge initially awarded custody to his aunt, in keeping with child custody law and regulations requiring that family unity be maintained to the degree possible.

The boy surprised the court when he proclaimed that his aunt beat him more than his parents and he adamantly refused to live with her.

When the judge then suggested that he live with his grandparents, the boy cried out that they also beat him.

After considering the remainder of the immediate family and learning that domestic violence was apparently a way of life among them, the judge took the unprecedented step of allowing the boy to propose who should have custody of him.

After two recesses to check legal references and confer with child welfare officials, the judge granted temporary custody to the SMU Mustangs, whom the boy firmly believes are not capable of beating anyone.

Texas unveils unconventional sex offender screening

[Note: the articles linked to are not appropriate for children]

Via Blogging Baby comes a report from KXAN-TV36 that Texas will begin screening sex offenders to determine their level of - er - dangerousness:

The state says these new tests will help them weed out the low-risk sex offenders, like the 19-year-old who has sex with his 16-year-old girlfriend, from the pedophile who seeks sexual pleasure from children on the playground.

Thank goodness. I always feel a little sorry for people in the first category who get lumped in with people in the second category. Not very sorry, but a little bit. You are responsible for the consequences of your actions, but in this case it is a pretty stiff penalty that will follow you the rest of your life.

Law Professor Convicted

Southern Methodist University Dedman School of Law professor Jane Dolkart has been sentenced to 5 years probation and 2 years of community service on an agravated assault charge after a hit-and-run incident involving a bicyclist last year. This is a repeat offense for Prof. Dolkart, having struck two 2L pedestrians near campus a couple years ago.

For news, click here: TXCN, Texas Cable News
For blogger commentary, click here: University Diaries

P.S. If you are not from Dallas, you should know that in addition to a rather large donation to the SMU law school, the Dedman family has funded many other public insitutions, one of which is the "somebody-was-thinking-when-they-named-it" RHD Memorial Hospital.

Midwifery Legislative Update - Texas

House Bill 1535 was signed by the governor of Texas on June 18, 2005 and will go into effect on Sept 1, 2005. The major features of the bill include a title change, changing "Documented" to "Licensed"; and changing the makeup of the Midwifery Board to include a majority representation from licensed midwives (5 midwives, 2 public members, 2 physicians).

Texas House OKs Ban on Sexy Cheerleading

In the "news of the weird" category, Texas House OKs Ban on Sexy Cheerleading. Ok, I am against "sexy cheerleading" as much as the next person, but is this really something we need to legislate? And where are these girls' parents and what the heck are they thinking, anyway?

Blawg Reviews & Midwifery Updates

I have decided that it would be best to wait until most state legislatures have finished their sessions before publishing the Midwifery Legislative Update, and give a final status report. If you are following the Texas Midwifery Board Sunset legislation (HB 1535), you can get updates here:
ATM Legislative Updates

Blawg Review #4 is up at Law & Entrepreneurship News. I especially liked Conglomerate Blog's Are Law Schools Family Friendly? and Jeremy's Weblog in which the Harvard 3L realizes he doesn't know any law. Join the club, Jeremy. I also liked this quote, since I am interested in the similarities and differences between doctors and lawyers, "It all makes me start to wonder about doctors. Now that I know what we know after law school, I have to ask – how much medicine do doctors know after medical school? ... Then again, they’re dealing with life and death. We’re only dealing with freedom and justice. So who cares?"

And since we were out of town last week, I neglected to blog Blawg Review #3 at Appellate Law & Practice. So there you go.

Midwifery Legislative Update - Preview

Well, faithful readers, although I promised a Midwifery Legislative Update this week, I'm going to put it off until next week. For one thing, it has turned out to be a bigger task than I originally anticipated, and I want to do it justice. Also, we are going on vacation next week to Branson, Missouri, and I think I had better get some sleep before heading out on a 7 or 8 hour road trip with a 2-year-old and a 4-year-old. Here's my previous Travelogue from Branson.

I may not be able to blog until I get back, but until then here's a preview:

Texas' House Bill 1535, the Midwifery Board Sunset legislation, now goes before the House and will be voted on in the next two weeks. In addition to renewing the Midwifery Board (and, by implication, direct-entry midwifery in the state of Texas), the bill would also change the composition of the board to create a majority of licensed midwives and change the designation "documented midwife" to "licenced midwife" which would be consistent with the statutory definitions of those terms.

Link: Association of Texas Midwives' Legislative Info

Texas Women in the White House

Via Michelle Malkin, the Washington Post reports that Karen Hughes, former adviser to President Bush, plans to return to Washington. The Post labels Hughes as "often described as the most powerful woman ever to work in the White House." So what is White House Counsel (and former Texas Bar President) Harriet Miers, chopped liver?