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Local lawmakers support bill OK'ing public breast-feeding




Local lawmakers say they favor a bill headed toward passage in the Legislature that would protect women who breastfeed in public places.

"I have no objection to the bill as long as they are discreet about what they do and don't do anything to offend anyone," said state Rep. Betty Poirier, R-North Attleboro. "And women who do something lewd are the exception."

Last January, the Senate unanimously approved state Sen. Susan Fargo's bill that would allow mothers to nurse their children in any public place, except religious settings.

Fargo, D-Lincoln, has been working on this legislation for six years, underlining the public health benefits to children of such a measure.

State Rep. Paul Frost, R-Auburn, filed a similar bill in the House. He testified on the legislation Tuesday before the Judiciary committee. "It is time that Massachusetts catches up with other states," he said. "We all know the health benefits of breastfeeding infants. We understand that many health professionals have touted this practice and encourage mothers to do it."

According to the National Conference of State Legislatures, 39 states have laws specifically allowing mothers to breastfeed their children in public places. Six other states exempt breastfeeding from decency laws. Idaho and Nebraska just have legislation exempting nursing mothers from jury duty.

Massachusetts, North Dakota and West Virginia do not address the issue.

"The current law doesn't specifically allow or oppose breastfeeding," Frost said. "So if somebody wants to make an issue out of it, he can do it. We want to make sure that no mother be punished for that and also provide some confidence to them."

The bill states that breastfeeding is not a violation of state decency standards, stipulating that the breast's exposure "shall not be considered as lewd, indecent or immoral, unlawful conduct."

Gov. Deval Patrick has said he would sign the bill if it comes on his desk.

For the bill's supporters, the public health aspect of breastfeeding reinforces the bill's legitimacy. Health professionals encourage women to nurse because they say mothers and children are less likely to develop illnesses when breastfeeding is used.

Fargo points out that mothers that do not breastfeed have a 40 percent higher risk of developing breast cancer and a 25 percent higher risk of ovarian cancer.

"Without dispute breastfeeding is healthier for children and mothers as well. It is surprising we have to have a debate," said Rep. Steve D'Amico, D-Seekonk. "It's sad that we need a law and I am sorry people might feel offended by something so natural."

Poirier also sees a contradiction between encouraging mothers to breastfeed and the fact that they can be harassed for doing so. As natural as breastfeeding is, she said, it is "kind of crazy to need a law." Dr. Melissa Bartick, a physician and chair of the Massachusetts Breastfeeding Coalition, said women need the law to protect their rights.

"It's important because we see women getting harassed and getting in trouble," she said. "They are being told to leave a place or screamed at for breastfeeding their child."

Bartick said the coalition receives an average of one report a month from mothers who had encountered problems while breastfeeding.

"It's unacceptable," Bartick said. "Babies need to be fed and you can't predict when. You can't keep these mothers prisoners of their homes."

The bill has been filed before and never passed. According to Frost, two things may help explain the Legislature's resistance.

The first is a tendency to ask whether a law is needed if no women have been arrested for breastfeeding. The other one is the concern that women might not be discrete enough.

For Don Siriani, Fargo's chief of staff, there is also confusion about what the bill is about.

"A lot of people treat that as a women breast issue," he said.

 


Paul Couturier wrote on Mar 7, 2008 9:00 PM:

" And I'm in agreement with both of you. Like Betty Poirier said; "As natural as breastfeeding is, it is kind of crazy to need a law.". Let's see, our legislature has had hearings this year on prohibiting parents from spanking their children, to breastfeeding in public; what's next?
"

Realist wrote on Mar 7, 2008 11:20 AM:

" Someone once told me that if a woman is in a public place where it's acceptable for a man to be bare-chested (beaches, parks etc) then the law says that it's acceptable for a woman to be bare-chested. I think the PC crowd calls it "top-free".

That being said, I agree with Kevin. Has this really been a huge issue? How many thousands of women discreetly nurse their children in public and how few are harassed? Don't we have serious issues of unemployment and deficits to face? "

kevin h. wrote on Mar 7, 2008 9:12 AM:

" It's great to know, in this time of war, that our legislature is spending the publics time and hard earned money on the most important issues that will effect our society, culture and security for ourselves and our posterity for years to come.
......Come on! Start doing some REAL work!! "


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