Does Anyone Know?

Updated on December 29, 2006
A.M. asks from Lafayette, LA
43 answers

.. the laws on breastfeeding in public places? (i.e. the park or the mall)I was practically kicked out of a store in the mall where my mother and I were shopping.How does that work?

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So What Happened?

thanks for the info.(:
I don't think I want to cause any trouble. I think if I hadn't asked if I could,and just done it, they would'nt have even known I was feeding him.In the future I won't even ask.
He eats so fast and easy and quiet that people will be sitting and talking to me for minutes before they even realize what is going on!.... I went to babytalk.com and found a printable lICENSE TO BREASTFEED. It is pretty cool.I am gonna keep it in my diaper bag from now on!

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B.W.

answers from Lubbock on

As far as I know, as long as you keep a thin blanket or sheet over the babys head, you can breast feed anywhere you want.

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K.J.

answers from Dallas on

please tell me what store this is so I can not go there again! The first thing you should have done is complained to management, the mall management and the paper. NO way I would let them do this. Its illegal!

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D.O.

answers from San Antonio on

That is just outrageous! Something like that happened in Santa Monica, CA last year I believe, and boy did they go ballistic. A breastfeeding sit-in was organized, televised, etc. and it was great. Santa Monica is already a very liberal city, but if you can do that where you are, to create awareness, you go girl.

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S.H.

answers from San Antonio on

some states have laws protecting a mom's right to bf in public. Generally, moms are allowed to bf anywhere mommies and babies are allowed in.

50 State Summary of Breastfeeding Laws
Updated September 2006
Health professionals and public health officials promote breastfeeding to improve infant health. Both mothers and children benefit from breast milk. Breastfeeding helps prevent diarrhea and infections in infants. It also provides long-term preventive effects for the mother, including an earlier return to pre-pregnancy weight, reduced risk of pre-menopausal breast cancer and osteoporosis. According to the New York Times, about 70 percent of mothers start breastfeeding immediately after birth, but less than 20 percent of those moms are breastfeeding exclusively six months later. Healthy People 2010 objectives for the nation include increasing the proportion of mothers who breastfeed their babies in the early postpartum period to 75 percent. The majority of states (45) have enacted legislation related to breastfeeding.

This list was copied from: http://www.ncsl.org/programs/health/breast50.htm

Thirty seven states allow mothers to breastfeed in any public or private location (Alabama, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Tennessee, Texas, Vermont and Virginia).
Nineteen states exempt breastfeeding from public indecency laws (Alaska, Arizona, Florida, Illinois, Kentucky, Michigan, Mississippi, Montana, Nevada, New Hampshire, North Carolina, Oklahoma, Rhode Island, South Carolina, South Dakota, Utah, Virginia, Washington and Wisconsin).
Eleven states have laws related to breastfeeding in the workplace (California, Connecticut, Georgia, Hawaii, Illinois, Minnesota, Oklahoma, Rhode Island, Tennessee, Texas, and Washington).
Eleven states exempt breastfeeding mothers from jury duty (California, Idaho, Illinois, Iowa, Kansas, Minnesota, Mississippi, Nebraska, Oklahoma, Oregon and Virginia).
Four states have implemented or encouraged the development of a breastfeeding awareness education campaign (California, Illinois, Missouri, and Vermont).
Several states have unique laws related to breastfeeding. For instance,

California and Texas have laws related to the procurement, processing, distribution or use of human milk.
Louisiana prohibits any child care facility from discriminating against breastfed babies.
Maine requires courts, when awarding parental rights and responsibilities with respect to a child, to consider whether the child is under age one, and being breastfed.
Maryland exempts from the sales and use tax the sale of tangible personal property that is manufactured for the purpose of initiating, supporting or sustaining breastfeeding.
Mississippi provides for regulations for child care facilities to promote breastfeeding by mothers of children being cared for in the facility.
Rhode Island requires the Department of Health to prepare a consumer mercury alert notice, explaining the danger of eating mercury-contaminated fish to women who are pregnant or breastfeeding their children.

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H.C.

answers from Corpus Christi on

Hi, My name is H. Chapman
I am pregnant with my second child, due in 27 days, I also have a 4 year old daughter. I just wanted to let you know that Texas has no laws on breastfeeding in public. And I looked up the actual law for you. Texas law states that -A woman may breast-feed wherever she otherwise may be allowed to be. Texas Health and Safety Code Ann. sec 165.001. So no one can kick you out of a place for doing it. It may be helpful to lay a blanket over your shoulder, it won't hurt the baby and you will probably get a little less stares from people. You have a right to feed your child. Anyway I just thought I would share that with you.

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L.M.

answers from San Antonio on

before any flack flys my way, i am a former breast feeding mom of 2.
No one will "kick you out" of a public store, restruant, whatever for breast feeding as long as you are properly covered up. If you are just walking around the store looking at clothes feeding your baby then really i can't argue with the store asking a person to leave. That's not appropriate. I understand that when babies are hungry, babies are hungry. but shopping can and should be postponed for the needs of a baby. You can stop shopping for 15 minutes or however long the baby nurses for to nurse, then continue with your shopping. I am sure the store would even hold on to your purchases for you if you asked.

And I have seen all too often women breast feeding in public with shirts wide open, breast on display for all to see. THAT is indecent! There is no reason for one to expose themselves in that manner. You can be descreet and still feed your baby. My 7 year old son doesn't need to see the naked breast of a stranger when we are out in public.

And truly, what is the harm in going into a changing room or to the mother's rooms like so many malls have now to feed your baby? There is less distraction for the baby and you so the both of you can concentrate on feeding, getting the most out of the bonding experience.

Don't mean to flame out on anyone. I am a stong supporter of breast feeding whenever possible, but not the "exhibition style" breast feeding some women do.

I really don't think there is any reason to get the news media involved. If you truly think you were wronged then I would contact first the management. Look up the laws regarding breastfeeding in your area to see if you were or were not in violation of any. Contacting the news media about it just seems a bit over the top.

my 2 cents..

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H.B.

answers from San Antonio on

AS A MATTER OF FACT, YOU CAN BREASTFEED ANYWHERE YOU PLEASE IN PRIVATE OR PUBLIC. THER IS A HOUSEBILL WHERE YOU AS A BREASTFEEDING MOTHER CAN DO IT ANYWHERE AND NO ONE CAN SAY A THING TO YOU. YOU COULD WHIP IT OUT WHERE EVER YOU NEED TO. CALL THE WOMANS CENTER OR LACTATION LADY FOR EXACTS BUT THEY HAD NO RIGHT TO DO IT AND YOU COULD PROBLEY SUE THEM. HERE IS A BIT OF RESEARCH I DID REALLY QUICK TO HOPEFULLY HELP YOU OUT. AS A MOM OF 3, I HAVE TRIED BREASTFEEDING FOR THE FIRST TIME BECAUSE I STAY HOME I KIND OF GOT OFFENDED FOR YOU. I HAVE NEVER OME ACROSS THIS. GOOD LUCK! MAYBE NEXT TIME ASK FOR A DRESSING ROOM IF YOU THINK IT MIGHT HELP....

If anyone even suggests that you shouldn’t be feeding your baby in public, be aware that you are well within your rights. Keep in mind that it’s the onlooker’s problem, not yours.

If someone seems to be bothered by you nursing, or asks you to leave, you can kindly remind the person that breastfeeding is legal, normal and the best nutrition for the baby, or other facts about breastfeeding.

If you have had problems with public breastfeeding and have been asked to leave malls, pools, restaurants, etc., or to go to restroom to nurse, or if you have had problems at workplace, report it to the National Alliance of Breastfeeding Advocacy (NABA).

If someone asks you to leave a public place where you and your baby have a right to be, Baldwin says that you can take action on the spot, perhaps by asking, "Is it okay to give my baby a bottle?" If the answer is yes, the next logical question is, "Then it should be okay to breastfeed, right?" (One mom was more blunt. When asked to take her nursing child into the rest room, she zinged back: "Would you go to the bathroom to eat your lunch?")

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R.M.

answers from Austin on

Let me share an experience I had recently. Within the story are the Texas Laws for B'fing in public. You can get that store in trouble. . I'd go and demand to talk to the store manage. . . and have the laws in hand.

There has been a lot of controversy lately on a woman's right to nurse in public. I completely understand where a lot of the public is coming from. I'm a nursing mom. I nurse my children in public, but when I do so, I cover up and attempt to be discreet (not always possible. . sometimes it is obvious what baby is doing). Below you will find what Texas Law says about breastfeeding in public.

Tex. Health Code Ann. § 165.001, et seq. (1995) authorizes a woman to breastfeed her child in any location and provides for the use of a "mother-friendly" designation for employers who have policies supporting work site breastfeeding. (HB 340, HB 359)

So, I'm sure you're asking. . "What is your point, R.?"

My point is today, I took my car to Walmart to get an oil change. I asked how long the wait would be and was told, 40 minutes. I can handle 40 minutes. I strap Cayden in the Bjorn, grab Hannah's hand, get a cart and start walking around the store. . . there were a few things I needed to pick up anyway for an upcoming Baby Shower AND to make homemade baby food.

So. . after wandering around Walmart for an hour, going down every toy aisle just to "look," and explaining to Hannah that we can't buy everything, I go to the counter to check on my car. She tells me that it's going to be another 30 minutes. . .

Cayden is hungry and Hannah is tired. We enter the waiting room to sit down. There's a lady in the room, but she's looking out the service window, so I quietly sit Hannah down, change the TV channel to PBS Kids to keep Hannah quiet, take off my jacket, cover myself up, and begin to nurse Cayden.

I hear the lady say, "Absolutely ridiculous." Of course, I think she's talking about the wait so I reply, "Oh, I agree. . .I've been waiting for an hour already and have been told I have another 30 minutes."

She glares at me, shifts her eyes towards my jacket, and says, "That's not what I'm talking about." And then proceeds to start pacing and finally leaves the waiting room. Of course she sneers, "You're disgusting."

I respond, "What? for nursing my baby?? He's hungry." She of course says, "There's a time and a place for that and this is not it." I then, very calmly say, "I've been waiting for an hour already and have been told I have another 30 minutes. My baby is hungry."

She ignores me and goes to check out her car, of course b*tching to the worker that I'm a nuisance, rude, and expect anyplace to just adapt to my needs.

I think that I'm most frustrated about it #1 ~ if she had been eating a snack or drinking something it would be OK in her opinion. and #2 ~ if I had been giving Cayden a bottle she wouldn't have said anything at all. Just ticked me off. . . I usually go to the "nursing room" or whatever you would like to call it, but please. . I'm at Walmart. I'm NOT going to feed my baby in the bathroom, and it's not like my boob was just popped out for all to see. . . I, in fact, went into the waiting room and purposely covered myself up. I'm just so ticked off.

Anyway, that's my beef. . . I know I wasn't doing anything wrong. I know my right to nurse is controversial, but it's just that. . MY RIGHT. If you don't like it, leave the room!

ETA:

"If breastfeeding in public makes people uneasy because the breasts are considered sexual, then bottle-feeding must be the equivalent of whipping out a dildo."

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S.M.

answers from San Antonio on

wait! what happened? did you call the news? i'm a breastfeeding mom, but not a la leche member, but i still think that is not right. i usually ask before i breastfeed, simply because it makes some people uncomfortable, and i try to be polite. so... tell us what happened!?!?!?

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M.W.

answers from Houston on

I didn't know the answer to your question so I starting looking as much for my own info, I stumbled on this web site
Very interesting

www.compromisesolutions.com/breastfeeding_law.asp

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N.S.

answers from Austin on

that happened to me in 2003 at a mcdonalds in round rock. i told them that my child was hungry and that is the only way to feed at that point. my oldest was eating her lunch and why would i excuse my youngest from eating. i had a blanket over us so no one would see us. however i am not allowed to go to that certain mcdonalds. but you should call the store manager and say something.

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T.W.

answers from Killeen on

I believe it is legal anywhere so long as you are covered.

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H.

answers from Lubbock on

Hi Melanie

it depends what state you live in! Some states allow breast feeding in public and some don't. And, I guess if you were in a store, then that might class as private property... still, if they did stop you from breastfeeding, I would still write a letter to your local paper. Everyone rags on about how breast feeding is THE feeding, but then won't let you do it! It makes me mad!

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B.S.

answers from Corpus Christi on

The law states that anywhere you are allowed to be, you are allowed to breastfeed as long as there isn't a city ordinance. You can check cityofcorpuschristi.org for the ordinance.

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T.C.

answers from Houston on

Well, as for Linsey talking about going into a changing room or the mothers' lounges - when is the last time you took your food into the bathroom or a changing room? If a mom is capable of walking around and feeding her child, then why not? If you don't like it, don't look. It really is that simple. I have seen many mother's bf, but never have I seen a breast completely uncovered. Again, it's a child eating, no more. No one can kick you out of a store or restaurant because you are bf your child.

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R.

answers from Fayetteville on

i think it's ridiculous that they would kick you out if you were covered up, not causing a scene.
when i was breastfeeding my son, i would go into a dressing room. there we had all the privacy in the world, could take our time, yet not have to leave the store to find a place to do it.
i also think you should contact the news or something...that's crazy.
good luck!

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L.W.

answers from Beaumont on

You are legally allowed to breastfeed anywhere YOU are legally allowed to be. If you can be there, you can nurse there.

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T.O.

answers from Austin on

In the state of Texas it is not againgt the law for a woman to have her chest uncovered, as long as it is not intended to sexualy arouse others. So breastfeeding is legal..anytime..anywhere. I agree that it is nice to try to cover up a bit.. but it is not the law.

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E.B.

answers from Baton Rouge on

They can't kick you out of anywhere for breastfeeding, but I do know that they can make you feel very unwelcomed. A lot of states have laws that protect breastfeeding in public, unfortunatly Louisiana doesn't, but they don't have a law saying you can't breastfeed in public. Just remember, the next time someone asks you to leave a store or stop breastfeeding, tell them it is your right to feed your child, they wouldn't ask a mother who is bottle feeding to leave, they shouldn't ask you.

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C.C.

answers from San Francisco on

I'm not sure about your state, but the actual law in Texas states, "A mother is entitled to breast-feed her baby in any public OR private location in which the mother is authorized to be, regardless of whether the nipple of the mother's breast is uncovered during or incidental to the breast-feeding." I try to find a quiet, private place to feed my baby when I can, but sometimes it is just not possible, and he will not eat with a blanket over him. Would you? It is rediculous that they would kick you out for that.

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A.R.

answers from San Antonio on

That's a great idea... I am sure you won't have any problems now. =) Could you link it for us?

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T.P.

answers from Chicago on

In the state of Texas u have the right to breast feed where u want.

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K.M.

answers from Dallas on

I b/f my kids everywhere. (Well just my dd now, my other 2 are too old now) But I do cover myself with my shirt. No one can see anything. Someone I know used to b/f her child with her shirt way it. It was embarrising for me! I think if your boob shows, then you are being indescent. You can b/f in Texas anywhere, as long as you are descent about it. I dont think you need to go the the rest room either. As long as you are covered, it is ok. After b/f for a total of 2 1/2 years in my life (with kids seperatly) I have never been asked to leave a store, restraunt, or anything. I hope it never happens to you again. Just keep covered up and you should be fine.

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K.H.

answers from Fayetteville on

Hello! I don't know the laws on breastfeeding in public, but I am shocked that you were kicked out of a store for trying to breastfeed your baby. I also breastfed my baby. I tried really hard not to run into that situation when I was out in public because I didn't know the rules on breastfeeding in public either, but you can't help it when your baby is hungry. I have had to breastfeed in public before. I don't think that there is anything wrong with breastfeeding your baby in public as long as you cover up. I would put a blanket over my shoulder that covered my breast and the baby. If you did that I don't know why you would have been kicked out of a store? When you breastfeed like that, there is not anything exposed. I'm sorry that I don't know the laws. I would suggest you call a lawyer and ask them, or ask your local police department. I hope that this helps some. You are not the only one that has had to nurse their baby in public.

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S.C.

answers from Baton Rouge on

I am not usre of any laws but discretion is best. Many stores have family rooms. Or at least areas where nursing moms can sit. I am so sorry you were treated so poorly. I hope you complain to management and then perhaps even higher up. I nursed in the park once but used a blanket over the shoulder, no one was really the wiser.

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L.M.

answers from Beaumont on

I am working on breastfeeding my second child and have never had problems. Very rarely will I actually feed them in a public place but if it is needed the kid needs to eat. I usually try to feed her in the car before we go in someplace. I was at the mall the other day and she needed to eat, put a blanket over her and finished checking out at Old Navy and then slipped into Motherhood Maternity where they are very considerate and happily let you use their dressing rooms for this. I will say though, I am in college full time and it is not very breastfeeding friendly there. I have to sit in my car and pump everyday, so I can't get very comfortable and it is not that easy to cover up when you are trying to work a pump. So I get some really funny looks from the kids running around there.

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E.J.

answers from San Antonio on

In Texas, you legally have the right to breastfeed anywhere you want to, public or not. I assume that you have to be covered by a blanket though. I am sure you were. I learned this in my lamaze class about a week ago.

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E.H.

answers from Austin on

That is insane! You are allowed to breastfeed whenever and wherever you want. I have a 10 month old daughter that I breastfeed, so I know how sometimes you don't have a choice about where to breastfeed. When they're hungry, they're hungry. Of course you're going to feed your baby! I would call the manager of the store if I were you. Your rights as a breastfeeding mother are protected and the store can not ask you to leave.

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K.C.

answers from Lafayette on

Louisiana Breastfeeding laws...

La. House Concurrent Resolution 35 (2002) establishes a joint study of requiring insurance coverage for outpatient lactation support for new mothers.

LRS 51. 2247.1 (2001) states that a mother may breastfeed her baby in any place of public accommodation, resort, or amusement, and clarifies that breastfeeding is not a violation of law. (HB 377)

LRS 46. 1409 B 5 prohibits any child care facility from discriminating against breastfed babies. (HB 233)

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M.R.

answers from Fort Smith on

You can breastfeed anywhere you go!!!! Do not let anyone tell you differently.

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J.M.

answers from Brownsville on

The Texas law on breastfeeding allows you to breastfeed in public. i'm not sure what you can do about this but well i'd contact your local WIC office or the LLL. i hope you can get this settled once and forall because it's outrageous.

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J.

answers from San Antonio on

What that storeworker did was illegal. In Texas, you are allowed to breastfeed anyplace you have a right to be (including public spaces). What store/ mall was it? Maybe we should have a nurse in! La Leche League has all sorts of information about nursing laws.

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T.J.

answers from New Orleans on

if you really want to get back at them contact the local news station that has a focus on consumer complaints...like here in New Orleans it's WDSU channel 6. They legally can't tell you in Louisiana to get out of the store for breastfeeding but will try to say it's indecent exposure regardless if you are covering up or not.

So instead of complaining to management get the news involved ;)

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S.C.

answers from San Antonio on

Well.. I still breastfeed my 2 yr old.. I started surfing and googling and this is what I found.. check out this website: http://www.ncsl.org/programs/health/breast50.htm.

I'm in Texas.. I'm not sure where you are but.. aparently there are 37 states that allow mother's to breastfeed in any public or private location and Texas is one of them.

Check it out.. at the bottom of the page you can view your states laws by clicking on the first letter of your state.
If they kicked you out, you could very well have a nice little lawsuit against them!! They have no right to do that.

Hope this helps.

S.

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A.J.

answers from Killeen on

here's lots of info:

http://www.lalecheleague.org/Law/LawUS.html?m=0,1,0

boycott!!! get together a bunch of breastfeeding moms and stand outside the doors of the store and whip out your breast! write your local paper, call the TV news station, write the headquarters of the store, do whatever you have to do to let them know it's not acceptable

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M.E.

answers from San Antonio on

You will find in Texas State law that a mother is legally allowed to breastfeed their child in any public or private place. Go to this website for further info. if you like:
http://www.capitol.state.tx.us/statutes/hs.toc.htm

Then, next time you will have some background knowledge to throw in their face when they want to kick you out. Good luck!!

M.

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R.

answers from Corpus Christi on

Melanie:

I'm glad you got so much good advice and got a license! Good for you! I'm just sorry that you got this far without knowing that Texas is a right to feed state... unfortunately we are in the minority! Now you can educate others! Take this knowledge and use it! Knowledge is power after all!
Remember that others may be uncomfortable and that's because they have issues and it has nothing to do with you! I actually told a man once who commented on my breastfeeding at a restaurant... that I would breastfeed my daughter in the bathroom as soon as he agreed to take his food in there and eat it!!! I will add my child was covered from MY s houlder to MY waist and all you could see were two pink socks sticking out... He went back to his table and his WIFE winked at ME!!!!! Lord help the ignorant!!!! Good Luck and Kudos to you for breastfeeding!

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S.W.

answers from Austin on

hi melanie
i use to work a mall at the customer servie office and as far as i know by law they cannot ick up out of a store for breast feeding. we use to have mothers breast feeding their babies all the time in our mall. so next time that happens go the the mall office and report it because they don't have the right to do that. good luck
S.

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A.L.

answers from Lafayette on

Basically, anywhere that's a public place, you have rights to feed your baby. You can get the local radio or TV station involved to bring it to the public's attention that breastfeeding moms have rights.

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A.L.

answers from Austin on

This was in the paper recently. You can breastfeed on public property (parks, etc) but a store is privately owned and they can act at their discretion. In Round Rock about a year ago some b/f mothers were told to leave a cafe and it was found that it was at the cafe's discretion to do so. So they have the right but it certainly is a ridiculous state of affairs for people to stop you from breastfeeding.

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K.

answers from El Paso on

Wow, I cant believe there are still that many ignorant people. They are not allowed to kick you out of the store for breastfeeding, even though I don't know the excact law. Maybe you could look it up on the La Leche League website. I guess there is not much you can do if they are rude to you, I just wouldnt go shopping there no more.
Proud breastfeeding mom in El Paso

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K.W.

answers from Lubbock on

It depends on what state you are in. Not all states have breastfeeding laws. Sad, but true.

And even if you are protected by law, that does not mean a privately owned business can not kick you out - like a restaurant. It's their restaurant, so they can refuse service to anyone they desire. Of course, if they do, you'd have a pretty good lawsuit. If you are protected by law, then they are violating your civil rights, just as someone who was refused service based on race.

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A.L.

answers from Killeen on

I do know that its that law and a right to nurse ur child anywhere in public. i just got through nursing. if you want you can go and talk to the wic office and they will let you know and they also have a card that says its the law and u have that right.

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