Update: Small Children Cannot Eat Here
Tue Aug 28, 2007 at 09:58:39 AM PDT
I was surprised to learn today that a yahoo group has been started in support of Brooke Ryan. As a result, there are 14 nurse-ins being planned across the country on September 8: http://health. groups.yahoo. com/group/ bwb_lactivist/. I'm glad that in 2007 women take up for themselves and oneanother. My original post about the incident that Brooke encountered at a local Applebee's can be read after the flip.
There's been quite a bit of debate about breastfeeding versus bottle feeding on this forum lately. I think it's safe to say that, in the end, most agree that a woman should have the right to feed her child the way she chooses, without consequence, judgment, or hinderance. In the last 24 hours I've received two emails relaying stories from women I do not know in my community who have blatantly had their rights violated by employees at local establishments. I find it inspiring that these women are channeling their anger to promote change.
In 2006 Kentucky passed public breastfeeding legislation. The law states:
211.755 Breast-feeding permitted -- Municipal ordinances not to prohibit or restrict -- Interference prohibited.
(1) 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. Breast-feeding a child or expressing breast milk as part of breast-feeding shall not be considered an act of public indecency and shall not be considered indecent exposure, sexual conduct, lewd touching, or obscenity.
(2) A municipality may not enact an ordinance that prohibits or restricts a mother breast-feeding a child or expressing breast milk in a public or private location where the mother and child are otherwise authorized to be. In a municipal ordinance, indecent exposure, sexual conduct, lewd touching, obscenity, and similar terms do not include the act of a mother breast-feeding a child in a public or private location where the mother and child are otherwise authorized to be.
(3) No person shall interfere with a mother breast-feeding her child in any location, public or private, where the mother is otherwise authorized to be.
Effective: July 12, 2006
This year another law was passed that protects breastfeeding women and persons caring for dependent family members (small children and disabled adults) from jury duty. I've been so proud of Kentucky for moving in a family-friendly direction on these issues.
So, back to the emails. As we all know, people who are like-minded on certain issues seem to run in similar circles even if we don't all know one another. Therefore, when local mothers emailed information about their public breastfeeding rights being violated recently, the news spread quickly. I'll let the moms tell their stories in their own words. The woman who wrote the Applebee's story gave me explicit permission to post it, but I've changed specifics of the second mom's story because I don't want to violate her rights further. Please see these posts below.
I am getting flooded with emails asking what happened. I can not
possibly write each of you individualy so here is a group answer.
Thank you for your concern.
On June 14th (my anniversary) a few of my children (I have 8) took
me to Applebee's for lunch. For my own privacy I asked for the
corner booth. I sat facing into the corner not facing the room. My
then 7 month old baby boy needed to nurse so we did. A server
(name omitted by poster) came to me and stated that the manager asked her
to come speak to me because she was a female. She said the manager
said if we wanted to breastfeed we had to cover the baby's head with
a blanket. I told her since it was hot out that I didn't have a
blanket. She reiterated so I stopped nursing and asked to speak
with the manager. As we waited the baby cried so I passed him
across the table to my oldest son (almost 18 yrs old) so he could
help comfort his as I was a bit shook up. The baby was inconsolable
so I told my son to take him to the van and I would come to nurse
him as soon as I spoke with the manager. When the manager (Justin
Arnolds) came I handed him a copy of the KRS 211.755 law that I keep
in my diaper bag. I said "I would like you to educate yourself and
your employees of this law that protects breastfeeding mothers." He
handed it back to me after glancing over it and said "I know but
somebody complained it was indecent exposure so you have to cover
the baby with a blanket if you want to breastfeed here". I again
held out the paper saying "look at part 3 of the law, it says no
person shall interfere with a woman breastfeeding her child". He
said the same exact thing as before "I know but somebody complained
it was indecent exposure so you have to cover the baby with a
blanket if you need to breastfeed here." At that exact moment our
server came back with our meal and I said "We can not eat this
because I have to go breastfeed my baby." As I exited the hostess
asked what was wrong and I told her very briefly and said "I don't
see anyone else eating under a blanket in here."
I went to the van, nursed my baby, cried, and called my local LLL
leader [Name omitted]. She told me to get the manager and servers name. She gave me names and addresses of people I needed to let know about
this incident.
Our lawyer wrote a letter on June 27, 2007 to Applebee's restaurant
(4009 Nicholasville Rd., Applebee's Corporate Headquarters 249 E
Main St. The Lexington-Fayette County Health Dept., The KY Breastfeeding Promotion Coordinator, and the LLL leader.The letter was ignored.
Our lawyer wrote another letter on July 25, 2007.
On August 3, 2007 Thomas & King, Inc. Legal Department finally
responded. Mr Jonathan R. Weatherby, Jr. Associate General Counsel
wrote "we regret that Ms. Ryan left without being served and would
like the opportunity to personally invite her to return" .... "we
are also considering keeping blankets in the restaurants for use by
breast-feeding mothers that may not have them readily available as a
result of this incident."
My husband gasped when he read this response. They just don't get
it. It is like saying "Rosa Parks still has to sit at the back of
the bus but we will give her a pillow so she is comfortable back
there."
My midwife suggested I speak with the Senator that spearheaded
getting the KRS211.755 law. I left a message for Senator Tom Buford
and the next day he called me back. I asked him what recourse I
had. He said "If you take them to small claims court you could get
up to $1,500.00" .... "if you take them to a higher court you may
not even get enough to cover your legal fees." I told the Senator
I was not interested in money. I want things to change. I want
public attention on this cause. I have daughters that will someday
breastfeed. I want action not money. I told Senator Buford about
my nurse in/out idea and he thought it sounded great. In fact he
said "let me know the date and I will come by and support you" ....
he also said "hold a sign up saying -small children are not allowed
to eat in this restaurant." I said "can I quote you on that" and he
said "yes!" Senator Buford said "next time any one does this tell
them to call the police and get a police report written up on it."
Since August is "World Breastfeeding Awareness Month" I am having
one nurse-out at the Fayette Mall just to raise awareness. This is
not in any way to attack the mall .... it is just a place to hang
out at. I am late arranging this so it will not actually be in
August but then again what is one day. It will be September 1st.
The second event is actually to draw attention to Applebee's
restaurant. Friends and supporters will decorate posters and
display them for all to see.
I will paste a copy of the flyer for each of the two events here for
all to copy and share.
NURSE-IN
Fayette Mall Lexington KY
Childrens Play Area
Saturday, September 1, 2007
1 pm until 3 pm
Celebrate World Breastfeeding Awareness Month
Please join us for a local "awareness raising" event.
Look for this universal Breastfeeding symbol.
NURSE-OUT
SPEAK-OUT
Applebee's violated KRS 211.755
Educate Lexington that KY law protects public
breastfeeding and mothers should never be
asked to move, hide, cover up, or leave.
Decorate posters and display them
at a peaceful Nurse-Out.
THEME: Breastfeeding in public is Legal
DATE: Saturday, September 8, 2007
(in case of rain date 9/22/07)
LOCATION: 4009 Nicholasville Road
Lexington KY
On the public sidewalk
in front of Applebee's
Exercise caution and do not block the right of way.
News crews will be reporting.
Do not park in Applebee's parking lot!
I hope everyone can pass this on to as many as possible.
Every "quotation" is in the exact wording.
I am also willing to share copies of the actual correspondence
between our lawyer and Applebee's.
Thank you for your support,
Brooke
When I wrote Brooke to ask if I could share her story or help in any way, she indicated that she's "winging it" and that she's not done anything like this before. I'm in awe of Brooke's courage and willingness to promote change. This morning I had another story in my inbox forwarded through the same social network, prompted by Brooke's email:
How very coincidental that I get this email today. Just this weekend I was asked to stop breastfeeding at [the local park] Pool. Apparently people complained. It was embarrassing and left me shocked. I was with friends and our kids and too shocked to really do anything. My daughter is also one that won't be smothered by a blanket or a towel when she is trying to eat. I am inspired to take some sort of action now...Please keep me posted.
I'm not sure what can be done on a national level, perhaps boycott Applebee's? Organizing nurse-ins outside of Applebee's nationally? I for one am just flabbergasted that in 2007, when there are laws in place to protect mothers to feed their children however they like, that we're still dealing with this issue.