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(单词翻译:双击或拖选)
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 | |
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2 courteous | |
adj.彬彬有礼的,客气的 | |
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3 limbo | |
n.地狱的边缘;监狱 | |
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4 restriction | |
n.限制,约束 | |
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5 discreetly | |
ad.(言行)审慎地,慎重地 | |
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6 authorized | |
a.委任的,许可的 | |
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7 mechanism | |
n.机械装置;机构,结构 | |
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8 interfere | |
v.(in)干涉,干预;(with)妨碍,打扰 | |
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9 interferes | |
vi. 妨碍,冲突,干涉 | |
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10 WHIMS | |
虚妄,禅病 | |
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11 conducive | |
adj.有益的,有助的 | |
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12 lawsuit | |
n.诉讼,控诉 | |
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13 spectrum | |
n.谱,光谱,频谱;范围,幅度,系列 | |
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14 exempt | |
adj.免除的;v.使免除;n.免税者,被免除义务者 | |
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15 offenses | |
n.进攻( offense的名词复数 );(球队的)前锋;进攻方法;攻势 | |
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16 immunity | |
n.优惠;免除;豁免,豁免权 | |
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17 prosecuted | |
a.被起诉的 | |
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18 trespassing | |
[法]非法入侵 | |
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19 explicit | |
adj.详述的,明确的;坦率的;显然的 | |
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20 intentional | |
adj.故意的,有意(识)的 | |
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21 infliction | |
n.(强加于人身的)痛苦,刑罚 | |
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22 distress | |
n.苦恼,痛苦,不舒适;不幸;vt.使悲痛 | |
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23 lawful | |
adj.法律许可的,守法的,合法的 | |
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