[Sarsi]

I just wanted to share what I found about breastfeeding law in California.
http://www.californiabreastfeeding.org/Laws.html

and I want to ask...
with this law, can an establishment that has a rule that says...

"WE HAVE THE RIGHT TO REFUSE A COSTUMER" could they still make a breastfeeding mother leave?

here's the law...

Right to Breastfeed in Public (1997)

Section 43.3 of the Civil Code

"Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and the child are otherwise authorized to be present."

Breastfeeding at Work (1998)

Assembly Concurrent Resolution No. 155

"Resolved by the Assembly of the State of California, the Senate thereof concurring, That the Legislature encourages the State of California and all California employers to strongly support and encourage the practice of breastfeeding by striving to accommodate the needs of employees, and by ensuring that employees are provided

with adequate facilities for breastfeeding, or the expressing of milk for their children; and be it further

Resolved, That the Legislature respectfully memorializes the Governor to declare by executive order that all State of California employees shall be provided with adequate facilities for breastfeeding, or the expressing of milk"

Jury Duty- Breastfeeding Mothers (2000)

Code of Civil Procedure- Section 210.5

"The Judicial Council shall adopt a standardized jury summons for use, with appropriate modifications, around the state, that is understandable and has consumer appeal. The standardized jury summons shall include a specific reference to the rules for breast-feeding mothers."

Lactation Accommodation (2002)

Labor Code Code Capter 3.8 Sections 1030-1033

"1030. Every employer, including the state and any political subdivision, shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee's infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee.

Break time for an employee that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission shall be unpaid.

1031. The employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee's work area, for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise

meets the requirements of this section.

1032. An employer is not required to provide break time under this chapter if to do so would seriously disrupt the operations of the employer.

1033. (a) An employer who violates any provision of this chapter shall be subject to a civil penalty in the amount of one hundred dollars ($100) for each violation.

(b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of this chapter has occurred, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for violations of this chapter shall

be the same as those set forth in Section 1197.1.

(c) Notwithstanding any other provision of this code, violations of this chapter shall not be misdemeanors under this code."

Breastfeeding Education and Support (2005)

Health and Safety Codes Sections 123360-123365

123360. (a) The State Department of Public Health shall include in its public service campaign the promotion of mothers breast-feeding their infants.

(b) The department shall develop a model eight-hour training course of hospital policies and recommendations that promote exclusive breast-feeding, incorporating available materials already developed by the department, and shall specify hospital staff for whom this model training is appropriate. The department shall also

provide the model training materials to hospitals, upon request.

123365. (a) All general acute care hospitals, as defined in subdivision (a) of Section 1250, and all special hospitals providing maternity care, as defined in subdivision (f) of Section 1250, shall

make available a breast feeding consultant or alternatively, provide information to the mother on where to receive breast feeding information.

[galligator]

OK, I used to live in California, so here goes:
"Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and the child are otherwise authorized to be present."

So, this is a public right to breastfeed. I seem to recall that California also has a clear law that specifically exempts breastfeeding from 'indecency' laws.

So, any place where a baby is allowed to be bottle-fed, breastfeeding is allowed. If a restaurant or other place uses the 'we may refuse service for any reason', a good question to ask is whether bottle-feeding is allowed. Wait for the response. If it is 'Yes', you now have good cause to bring up the CA law that breastfeeding is not considered indecent per law and that unless all feeding mothers are banned, you have a right to be there.

Now, I nursed 2 children while I still lived in Cali & even sitting in a restaurant or on a mall bench, 98% of people never knew I had anything other than a sleeping baby at my lap. I never received any dirty looks, either. At restaurants, if booths are available, they are also fairly concealing. If you are worried, a sling is also a great investment because an individual has to really invade your personal space & be right up in your face to know if BF is going on.

[galligator]

Oh, and if someone were to play the 'We have the right to refuse' game, wouldn't it then be sweet justice to do a nurse-in on the public access to their business? Sorry, these got popular while I was in-between nursing children, so I never went to one, but OMG, it sounds almost too tempting to refuse. I love it when Breastfeeding makes news & people try to justify on camera why it's ok to refuse to feed a hungry baby - it never goes well for them. It's always a great way to reach more people with the true facts instead of what people think they already know.

[ChristyR143]

What totally gets me is WHY something as natural as breastfeeding is even an issue at all!! I just do not understand it.

[galligator]

At least in California, they recognized that there are a lot of folks who think they have a right not to be offended by breastfeeding & took steps to make sure that women didn't get hauled of to jail or ticketed for providing simple mothering to a child - unfortunately, there are still states where women can be punished for public breastfeeding, so it's still good for these protections to be spelled out.

[ChristyR143]

Oh absolutely...I am very glad there are laws in place to protect nursing mommies, but I guess I just think it's so sad that it's necessary, yk? I mean, geez...how do these people who are offended by it think babies got fed before formula came around?!?

[Sarsi]

Thanks galligator
loved your response!

So, any place where a baby is allowed to be bottle-fed, breastfeeding is allowed. If a restaurant or other place uses the 'we may refuse service for any reason', a good question to ask is whether bottle-feeding is allowed. Wait for the response. If it is 'Yes', you now have good cause to bring up the CA law that breastfeeding is not considered indecent per law and that unless all feeding mothers are banned, you have a right to be there

also glad we do have these laws in CA Christy.

[kimberlylindsay]

I am looking for some type of official card that I can print that states the CA breastfeeding in public law.

I know of other states like Texas, that have this. Mom can carry it in her purse and if bugged she can show it to the person.

it has work quite well for many people

any ideas how to find this?

love and light
kgl

[addicted2chanel]

I always think it's quite funny when something like this makes the news. It just shows that they have nothing more pressing to show us than someone refusing to let a mother feed her hungry baby. The whole thing is nonsense. I mean, breastfeeding is natural, it's been done for as long as life has been, what is wrong with that? Even if someone gets a glimpse, what are they going to see, some naked skin? It's no more than you would see with a low cut top or dress.