Breastfeed Anytime, Anywhere
By Doraine Bailey, IBCLC
Chances are you’ve been out and about with your breastfed baby this summer. Here are a few pointers about public breastfeeding and your protections under the law.
Kentucky’s law says “Notwithstanding any other provision of the law, a mother may breast-feed her baby or express breast milk in any location, public or private, where the mother is otherwise authorized to be.”
Therefore, if you’ve paid admission, ordered food, or are in a public space like a park, you are ‘authorized’ to be there and thus can breastfeed. The law goes on to say that breastfeeding is not considered ‘public indecency,’ that local municipalities cannot override this state law, and that no one should harass you.
So, the law says you should be protected. Unfortunately, after 12 years there are still a lot of folks who don’t know the law.
Most of the time, it seems that others are so surprised to see a breastfeeding mom that they have a startled reaction that says, “you can’t do that here.” Sometimes, because a formal breastfeeding room is available, their response implies that is where a mom ‘has’ to breastfeed. Sometimes, someone in charge gets a complaint from another patron, and doesn’t remember the law.
Restaurants, especially those catering to families, have mostly become supportive. If you are harassed, asked to cover up or to use the bathroom, remind them of the law and ask to speak to the manager.
Swimming pools seems to be a particular problem. Yes, we all know that there’s not much being covered up at a pool. Breastfeeding, unfortunately, seems to get caught up as ‘indecent exposure’, especially when there are other children nearby. Kentucky law clearly says that it is not.
Therefore, sometimes staff will bring a ‘public health’ rationale. The US Centers for Disease Control and Prevention’s “Model Aquatic Health Code” suggests that all food and beverages be consumed in the concession area, due to risks of food and beverage spilling into the pool water; it makes no mention of breastfeeding mothers. Neither are there provisions around breastfeeding in the Kentucky regulations concerning pool operation.
The CDC’s “Healthy Water” web page assures that breast milk will not contaminate pool water. In fact, their warnings are more about assuring that the baby not drink any pool water if you’re breastfeeding while in the pool! So, pool staff should not ask you to cover up, go to the concessions area, or go to the bathroom. Remind them of the law or ask to speak to the aquatic manager.
If you feel you’re harassed, try to be patient. The breastfeeding law bumps up against other laws, like trespassing, where the property owner can have some rights. The most effective ways that moms have shown their displeasure has been to use traditional or social media to share their experience. Once a reporter calls back to the manager, an apology is usually issued.
Most businesses want to avoid negative publicity. Especially about a law that’s twelve years old.
See the full Kentucky law, KRS 211.755, at http://www.lrc.ky.gov/Statutes/statute.aspx?id=8480.
Doraine Bailey, IBCLC, recently retired and is now a Private Practice Lactation Consultant in Lexington, KY.