I recently received a petition by e-mail to support passage of a proposed state law that would protect mothers who breast feed in public from being charged with indecent exposure. Is this really a pressing issue? I thought we had protective laws.
- A mom in Somerville
No Mass. law expressly protects breast feeding, putting the Commonwealth in the minority of states (only 14 others have no law that explicitly allows breastfeeding in public places) (you can see a state-by-state summary of breastfeeding laws here). As far as Bostonist can tell, however, no one has ever been prosecuted under Massachusetts' indecent exposure law for public breast feeding (this is the same law, by the way, that punishes "common night walkers" and "common railers or brawlers"). In fact, to be convicted of indecent exposure, one must not only expose oneself, but commit "an intentional act of lewd exposure, offensive to one or more persons." We doubt any court would find that a mother who nursed her child in public intended any lewdness.
Still, there's certainly nothing wrong with a law that clarifies what's allowed and what isn't, even where there's little risk of confusion. After all, we can't imagine why anyone would hire an albino person for the purpose of exhibiting him, but there is a law to prevent it, just in case.
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Only if we can have Barrios spearhead it. He's interested in advocating issues that allow for him to be easily lampooned, right? In fact, I'm smiling right now just thinking of potential Herald headlines.
I think Bostonist missed the point of the campaign here. Breastfeeding moms in this area are not afraid of being arrested for indecent exposure. They are concerned about being harassed or asked to leave public establishments like coffee shops where they go just to get out of the house.
Since little babies nurse quite frequently, the threat of harassment in public places de facto forces moms to stay inside their homes with their small infants. I'm not sure whether the proposed legislation addresses arrest or harassment, but freedom to nurse in public is the big deal for moms.
Freedom to nurse in public is nothing that the government should get involved in.
It should be the private choice of every private establishment how they want to handle it. If I was a 4-star restaurant, I wouldn't want some mom whipping it out and feeding their kid just like that. And I, as the restaurant owner, should get to make that choice.
And look, it's not that hard if you're in the coffee shop to just step in to the bathroom and nurse there.
No one said motherhood would be easy, ladies. Everyone acts like it's unfair that motherhood is exactly what you would expect it to be. Yes, babies need to be fed.