法律英语：113 Is Public Breastfeeding Legal?

By Adam Freedman

First, your daily dose of legalese: This podcast does not create an attorney-client relationship with any listener. In other words, although I am a lawyer, I’m not your lawyer. In fact, we barely know each other. If you need personalized legal advice, contact an attorney in your community.

Quick and Dirty Tips to the Rescue!
For this episode: a Quick and Dirty Tips extravaganza! Margarita -- lawyer, mommy, and Quick and Dirty Tips listener -- has written to us, asking for advice and information on breastfeeding in public. So this week – which happens to be World Breastfeeding Week – I’ll discuss a mother’s right to nurse in public; Mighty¹ Mommy will offer practical tips for mothers who need to breastfeed in public, Modern Manners Guy will help mommies and non-mommies to be courteous² to each other when the need for public breastfeeding arises, Nutrition Diva will tell all of those nursing moms what they should be eating, and the House Call Doctor will discuss the health benefits of breastfeeding and the latest medical guidelines on the topic

Is it a Mother’s Right to Breastfeed in Public?
As far as the legalities go, the short answer is that a mother’s right to breastfeed in public varies from state to state -- some states have strong laws protecting a mother’s right to breastfeed in public, but in others, public breastfeeding exists in a kind of legal limbo³ -- neither prohibited nor protected.
Breastfeeding Not Prohibited
The good news is that no state prohibits breastfeeding in public.   According to experts, only two states put any restriction⁴ on public breastfeeding. In Missouri, the law requires that mothers nurse “as discreetly⁵ as possible” when doing so in public. Under Illinois law, although generally very supportive of nursing mothers, a mother considering breastfeeding her baby in a place of worship must “comport her behavior with the norms appropriate in that place of worship.”
You Have Rights . . .
Some states take a more affirmative approach -- guaranteeing a mother’s right to breastfeed in any place where the mother is authorized⁶ to be. Likewise, federal law protects a woman’s right to breastfeed her child at any location in a federal building or on federal property, if the woman and her child are otherwise authorized to be present at the location. So if you find yourself in a state that isn’t friendly to nursing mothers, one solution might be to write somebody a letter and then get in line at the post office. If it’s anything like my post office, you’ll probably not only have enough time to feed your baby, but to burp and change him or her as well.
. . . But You May Not Have a Remedy
The state and federal breastfeeding laws certainly look good on paper -- the problem is that most of the state laws, as well as the federal law, do not include any enforcement mechanism⁷. In other words, the mother has no guaranteed right to sue a person who interferes⁹ with her right to nurse in public. As a practical matter, that sometimes leaves mommies vulnerable to the whims¹⁰ of property owners.
In Maryland, for example, even though state law provides for a mother’s right to nurse in public, the branch of a popular coffee chain tried to stop a female customer from giving her baby a latte, as it were, the old-fashioned way -- the employees even suggested that she go inside the restroom to feed her infant. Now, I can’t speak for any baby, but I personally don’t find your average toilet facility to be a conducive¹¹ place to eat.
The Best States Offer a Remedy
For mothers who need to lactate out in the open, the best states are those that not only provide a clear right to breastfeed, but which also give mothers a remedy when that right is violated.   In Vermont, for example, a woman whose right to breastfeed has been violated may file a charge of discrimination with the human rights commission, or bring a lawsuit¹² for money damages or injunctive relief.   The offending party may even have to pay the mother’s legal fees!
Not Indecent Exposure
On the other end of the spectrum¹³, the weakest form of legal protection is found in those states with laws that exempt¹⁴ breastfeeding from laws prohibiting indecent exposure or similar sexual offenses¹⁵. For most mothers, such laws offer little comfort, since they seem to provide immunity¹⁶ from laws that they didn’t for one minute think they were violating. Fortunately, it is very rare for a woman to be charged or prosecuted¹⁷ for indecent exposure based on breastfeeding.
Can Breastfeeding Be Considered Trespassing¹⁸?
The bigger problem in states with no explicit¹⁹ right to breastfeed is that private property owners -- say, the folks who own the local mall, restaurant, or café --might ask a mother to stop breastfeeding at that location. If the mother refuses, the manager could ask her to leave -- and if she refuses that demand, it is possible that she could face civil or criminal liability for trespassing.
Get to Know the Breastfeeding Laws in Your State
For women who want to protect their right to breastfeed their child, the first thing is to get to know the laws in your state -- and be prepared to cite chapter-and-verse to anyone who tries to interfere⁸. Consult a lawyer -- or an advocacy group such as La Leche League.
Likewise, if you’re a property owner, you also need to be familiar with public breastfeeding laws so that you don’t inadvertently violate a mother’s right. If you’re in a state that does not guarantee the right to nurse in public, you may be legally entitled to request that a woman feed her child discreetly, but you should do so very diplomatically, to avoid potential liability for intentional²⁰ infliction²¹ of emotional distress²². Not to mention, it’s good manners – but I’ll let Modern Manners Guy address that. Finally, employers also need to know the laws in this area, since some states require employers to make reasonable accommodations for nursing mothers.
Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful²³ Life – and remember, you can find out more about breastfeeding from my fellow podcasters: Mighty Mommy, Modern Manners Guy, Nutrition Diva, and the House Call Doctor.

You can send questions and comments to。。。。。。or call them in to the voicemail line at 206-202-4LAW.  Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

 

1 mighty   

adj.强有力的；巨大的

参考例句：

• A mighty force was about to break loose.一股巨大的力量即将迸发而出。
• The mighty iceberg came into view.巨大的冰山出现在眼前。

2 courteous   

adj.彬彬有礼的，客气的

参考例句：

• Although she often disagreed with me,she was always courteous.尽管她常常和我意见不一，但她总是很谦恭有礼。
• He was a kind and courteous man.他为人友善，而且彬彬有礼。

3 limbo   

n.地狱的边缘；监狱

参考例句：

• His life seemed stuck in limbo and he could not go forward and he could not go back.他的生活好像陷入了不知所措的境地，进退两难。
• I didn't know whether my family was alive or dead.I felt as if I was in limbo.我不知道家人是生是死，感觉自己茫然无措。

4 restriction   

n.限制，约束

参考例句：

• The park is open to the public without restriction.这个公园对公众开放，没有任何限制。
• The 30 mph speed restriction applies in all built-up areas.每小时限速30英里适用于所有建筑物聚集区。

5 discreetly   

ad.(言行)审慎地，慎重地

参考例句：

• He had only known the perennial widow, the discreetly expensive Frenchwoman. 他只知道她是个永远那么年轻的寡妇，一个很会讲排场的法国女人。
• Sensing that Lilian wanted to be alone with Celia, Andrew discreetly disappeared. 安德鲁觉得莉莲想同西莉亚单独谈些什么，有意避开了。

6 authorized   

a.委任的，许可的

参考例句：

• An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。

7 mechanism   

n.机械装置；机构，结构

参考例句：

• The bones and muscles are parts of the mechanism of the body.骨骼和肌肉是人体的组成部件。
• The mechanism of the machine is very complicated.这台机器的结构是非常复杂的。

8 interfere   

v.(in)干涉，干预；(with)妨碍，打扰

参考例句：

• If we interfere, it may do more harm than good.如果我们干预的话，可能弊多利少。
• When others interfere in the affair,it always makes troubles. 别人一卷入这一事件，棘手的事情就来了。

9 interferes   

vi. 妨碍，冲突，干涉

参考例句：

• The noise interferes with my work. 这噪音妨碍我的工作。
• That interferes with my plan. 那干扰了我的计划。

10 WHIMS   

虚妄，禅病

参考例句：

• The mate observed regretfully that he could not account for that young fellow's whims. 那位伙伴很遗憾地说他不能说出那年轻人产生怪念头的原因。
• The rest she had for food and her own whims. 剩下的钱她用来吃饭和买一些自己喜欢的东西。 来自英汉文学 - 嘉莉妹妹

11 conducive   

adj.有益的，有助的

参考例句：

• This is a more conducive atmosphere for studying.这样的氛围更有利于学习。
• Exercise is conducive to good health.体育锻炼有助于增强体质。

12 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

13 spectrum   

n.谱，光谱，频谱；范围，幅度，系列

参考例句：

• This is a kind of atomic spectrum.这是一种原子光谱。
• We have known much of the constitution of the solar spectrum.关于太阳光谱的构成，我们已了解不少。

14 exempt   

adj.免除的；v.使免除；n.免税者，被免除义务者

参考例句：

• These goods are exempt from customs duties.这些货物免征关税。
• He is exempt from punishment about this thing.关于此事对他已免于处分。

15 offenses   

n.进攻( offense的名词复数 )；（球队的）前锋；进攻方法；攻势

参考例句：

• It's wrong of you to take the child to task for such trifling offenses. 因这类小毛病责备那孩子是你的不对。 来自《简明英汉词典》
• Thus, Congress cannot remove an executive official except for impeachable offenses. 因此，除非有可弹劾的行为，否则国会不能罢免行政官员。 来自英汉非文学 - 行政法

16 immunity   

n.优惠；免除；豁免，豁免权

参考例句：

• The law gives public schools immunity from taxation.法律免除公立学校的纳税义务。
• He claims diplomatic immunity to avoid being arrested.他要求外交豁免以便避免被捕。

17 prosecuted   

a.被起诉的

参考例句：

• The editors are being prosecuted for obscenity. 编辑因刊载污秽文字而被起诉。
• The company was prosecuted for breaching the Health and Safety Act. 这家公司被控违反《卫生安全条例》。

18 trespassing   

[法]非法入侵

参考例句：

• He told me I was trespassing on private land. 他说我在擅闯私人土地。
• Don't come trespassing on my land again. 别再闯入我的地界了。

19 explicit   

adj.详述的，明确的；坦率的；显然的

参考例句：

• She was quite explicit about why she left.她对自己离去的原因直言不讳。
• He avoids the explicit answer to us.他避免给我们明确的回答。

20 intentional   

adj.故意的，有意（识）的

参考例句：

• Let me assure you that it was not intentional.我向你保证那不是故意的。
• His insult was intentional.他的侮辱是有意的。

21 infliction   

n.（强加于人身的）痛苦，刑罚

参考例句：

• Don't immerse yourself in the infliction too long.不要长时间沉浸在痛苦经历中。
• Instead of rivets there came an invasion,an infliction,and a visitation.但是铆钉并没有运来，来的却是骚扰、混乱和视察。

22 distress   

n.苦恼，痛苦，不舒适；不幸；vt.使悲痛

参考例句：

• Nothing could alleviate his distress.什么都不能减轻他的痛苦。
• Please don't distress yourself.请你不要忧愁了。

23 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。