Just to update everyone on what has been happening; last week was Lily’s last week of receiving speech therapy at Bellamy Elementary school. Although we won’t be going to Bellamy again, we are still pursuing their violation of the Florida breastfeeding law for the benefit of future mothers wanting to breastfeed on school property.
My husband has been in contact with Miguel De Grandy, the wonderful attorney who originally authored the Florida law. Mr. De Grandy has written a letter on our behalf in response to the school board. Below is a copy of the letter he sent:
Re: Hillsborough County School District’s Violation of Laws of Florida Chapter 93-4
Dear (Superintendant or Members of School Board),
I respectfully write this letter to you on behalf of Ms. Melissa Taylor, both as an attorney, and as the author of Florida Law 93-4; an act relating to breastfeeding. It is my understanding that Ms. Taylor’s unqualified statutory right to breastfeed her child on school district property was and continues to be unlawfully infringed upon by school board officials. To date, I have had the opportunity to review several documents and media articles regarding this issue, including opinions emitted by the School Board’s Attorney. Frankly, I fail to understand how such a clear pronouncement of law can be misunderstood either by your legal counsel, or by your personnel. Perhaps it may be helpful to provide you with specific background regarding the creation of this law for you to better understand that Ms. Taylor indeed has the right to breastfeed anywhere on school district property on which she or any other parent has a right to be.
In 1993, I had the privilege to serve the citizens of the State of Florida as a Member of the Florida House of Representatives. One day, while reading the newspaper, I came across a column piece written by Michelle Genz, a reporter for the Miami Herald. In this column piece, she explained how she was accosted by a security guard at a mall, while breastfeeding her child. This security officer informed her that it was not appropriate to nurture her child in that manner in public view, and even threatened to arrest her for indecent exposure. Ms. Genz ended her article by stating that if Florida legislators really cared about family values, they would protect this most basic right of a mother to nurture and provide sustenance for her child.
Ms. Genz’ experience was what prompted me to draft Public Law 93-4, in order to make sure that no mother ever had to suffer the humiliation and indignities that she was put through.
a) Public Law 93-4 makes clear that breastfeeding in public is not unlawful or inappropriate.
I approached the drafting of the bill from two perspectives. First, I requested my bill drafting staff to review every Florida statute that could conceivably be utilized (rationally or not) to even threaten a woman nurturing her child with any sort of punitive consequence. Public Law 93-4 therefore includes a listing of Statutes dealing with unnatural and lascivious conduct, exposure of sexual organs, indecent assault or act upon or in the presence of a child, etc., and each said Statute was amended to include a simple sentence which states “a mother’s breastfeeding of her baby does not under any circumstances violate this Section”. Of course, the purpose of this exhaustive re-statement of all statutes that could possibly be utilized to threaten or harass a breastfeeding mother, was clearly intended to insure that there would be no question that a mother’s nurturing of her child, in this most natural way, could not be interpreted to be unlawful, immoral or inappropriate.
b) Public Law 93-4 as codified in Florida Statute 383.015 creates an unconditional right to breastfeed in public.
The other part of Public Law 93-4 is pro-active. It includes several “Whereas” clauses which constituted the findings of the legislature in regard to breastfeeding. These “Whereas” clauses detail the fact that the Surgeon General of the United States recommends that women breastfeed their children. It discusses the health benefits of breast milk over packaged formula and the encouragement of breastfeeding by organizations such as the World Health Organization and UNICEF.
The “Whereas” clauses also discuss the sad fact that statistics continue to reveal a declining percentage of mothers who are choosing to breastfeed, in part because they are intimidated or “made to feel incriminated or socially ostracized for breastfeeding [their] baby”. Following these findings is a newly created section of the Florida Statutes, which was specifically enacted with the intent and purpose of preventing precisely the type of conduct employed against Ms. Taylor, which is not only ignorant, but has the effect of making Ms. Taylor feel “socially ostracized” for nurturing her child in public. Florida Statutes Section 383.015 states as follows:
The breastfeeding of a baby is an important and basic act of nurture which must be encouraged in the interest of maternal and child health and family values. A mother may breastfeed her baby in any location public or private, where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breastfeeding. (emphasis added)
With all due respect, how this clear, unconditional and unequivocal right that Ms. Taylor enjoys under Florida Statutes to breastfeed her child on School Board property can be misinterpreted or ignored is mind-boggling.
c) The process of legislative consideration and adoption of Public Law 93-4.
As you know, our Legislature is quite diverse. The Legislature I was privileged to serve in was comprised of individuals of different races, gender, ethnicity and political party. We had representation from conservatives, liberals, agricultural and rural interests, urban interests, etc. Yet all these diverse interests converged to support House Bill 231 which ultimately became Public Law 93-4.
Certainly, it cannot be said that legislators were not apprised of the intent, purpose and effect of this law. Indeed, during the Bill’s consideration in committee, there were several women in the audience breastfeeding their children in the presence of legislators as they considered the Bill. Among them was Rhea Mackinnon, the late Governor Lawton Chiles’ daughter, who was dutifully breastfeeding her son Mack.
The Bill was adopted by the Florida House of Representatives on February 18, 1993 by a vote of 107 yeas and 8 nays. It was adopted on March 4, 1993 by the Florida Senate with a similar overwhelming margin. It was the fourth Bill to be signed into law by the late Governor Chiles on March 9, 1993 in a much publicized ceremonial signing at the courtyard of the Capitol, as his daughter Rhea stood by his side holding the Governor’s grandchild.
d) The frivolous arguments utilized by school personnel to infringe on Ms. Taylor’s rights under Florida Statute 383.015 are contrary to law, public policy and common sense.
In reviewing documents and media regarding this issue, I was frustrated to see that the same ludicrous and unsupportable arguments used against Ms. Genz, were now being employed against Ms. Taylor. For example, one of the arguments that I have reviewed states basically that Ms. Taylor’s act of breastfeeding her child was somehow disruptive to other children on school property, “disruptive to the educational process” or could somehow harm the children exposed to this activity. This argument is completely devoid of any merit. Currently, under State law, Ms. Taylor can breastfeed at Disney World; she can breastfeed while quietly sitting at a bench in a public park where children play, or indeed, at a bus bench on a sidewalk adjacent to any school, in clear view of schoolchildren. Since the law allows her –any indeed encourages her—to breastfeed in all these places where children congregate, how can anyone conclude that this conduct can somehow adversely impact children within school property?
The frivolous arguments made regarding the rights of a Principal or Superintendant to regulate conduct in a school are equally unconvincing. It has been argued that the right to breastfeed “in any location public or private, where the mother is otherwise authorized to be”, as provided in Florida Statute 383.015, does not undermine a school officials right and authority to determine who to grant or withhold authorization to be on public property. This is true. But the reason the breastfeeding law does not address this point is because , at the time of enactment of the law, there already was a legion of case law grounded on constitutional concepts such as Equal Protection and Due process. These cases stand for the proposition that regardless of the level of discretion that a public official may have to regulate access to a public place, such public official does not have a right to limit access to any individual on public property for an unlawful purpose or with an unlawful effect.
It has also been argued that despite the law’s clear and unequivocal language, “if one were to read the statute as giving an unrestricted right to breastfeed, it would mean that a person in his or her own house could not ask a guest to perform the act in privacy”. This argument is frankly absurd. First, when determining the intent of a particular provision of law, one usually looks to the debate and public pronouncements made during the bill’s consideration. If your legal counsel would have conducted such analysis, he would have found that the issue before the legislature involved the right of a woman to breastfeed in public, not in someone else’s home. Moreover, a public official’s right to grant or deny access to public property is qualitatively different, both in law and in fact, to the right of an individual to grant or deny access to his or her home. Therefore, for example, if you are a racist, the Constitution allows you the right to discriminate against persons of another race or ethnicity in denying them access to your home. However, that same Constitution prohibits a public official from denying access to anyone onto public property based on race, ethnicity, gender and a myriad other characteristics. In this context, as it regards to public property, it is the reason for which access or authorization is determined that guides the analysis.
Because Ms. Taylor’s conduct is totally lawful, and indeed encouraged by law, two things are undeniable: first, that Ms. Taylor has a right to be where any other law abiding parent is authorized to be on school property. Second, if parents are authorized to be at a certain location within school property, then Ms. Taylor has an unqualified right to breastfeed at that location and her access to that location on school property cannot be restricted because she engages in such lawful and protected activity on school property.
The references to federal law that I have reviewed are also misguided. Whether or not federal courts have held that the right to breastfeed in public may be qualified or restricted is irrelevant, because Ms. Taylor’s unqualified right to breastfeed in public in the state of Florida flows from a Florida statute, not a federal constitutional or statutory provision. It is elementary and axiomatic that a state may grant greater protection to its citizens than those afforded by federal law or the federal constitution. The federal law analysis is only relevant to determine whether Ms. Taylor is being denied access to a public facility in a manner which violates her rights to Equal Protection of the law, or some other constitutional or federal statutory right she may have, which is separate and distinct from her rights under Florida statutes.
Simply stated, under the clear language of Florida law, Ms. Taylor has a right to breastfeed her child anywhere she is otherwise authorized to be. That means that if any parent is authorized to be at a given location on school property, then Ms. Taylor has a right to breastfeed at that location. To conclude otherwise eviscerates the clear intent, spirit, and letter of the law.
e) School personnel should use the act of breastfeeding as an opportunity to teach not as an opportunity to ostracize.
I respectfully submit that there are many things that school officials should take appropriate measures to insure that school children are not exposed to. These include drugs, weapons, as well as physical and mental abuse. But to classify the act of breastfeeding – the most natural act of nurture and sustenance – with these types of activities that children should not be exposed to, borders on the perverse.
Surely, young children may find such conduct curious, and even giggle or seem somewhat giddy or perplexed upon witnessing the act of breastfeeding. Sadly, this is because mothers in our country have been so discouraged from engaging in this most natural activity, that it is unusual for a child to be exposed to it. But I respectfully submit that instead of punishing the mother for the simple act of nurturing her child, any teacher or school official in proximity of those inquisitive children could use this as an opportunity to teach.
As we all know, children learn much from what they glean from adult reactions and conduct. If children -- and particularly little girls -- see that women are punished or ostracized for breastfeeding, the likelihood that they will engage in or promote breastfeeding when they become adults diminishes geometrically. Therefore instead of punishing or ostracizing the mother for breastfeeding her child, maybe Hillsborough school personnel should be teaching the children about the benefits of breastfeeding, and letting them know that what they may witness when they see Ms. Taylor nurture her child, is natural, normal, and healthy. Maybe then, we could slow the sad percentage decline of breastfeeding in our society.
In closing, it is my sincere hope that the School Board and school officials will reconsider their misguided and unlawful responses to Ms. Taylor’s act of nurturing her child, thereby obviating the need for Ms. Taylor to take legal action to enforce her unqualified right to breastfeed her child on any School Board property where she is otherwise authorized to be.
Respectfully submitted,
Miguel De Grandy
Monday, June 14, 2010
Wednesday, May 26, 2010
Apparently Bottles Okay in School Lobby
Last Monday I took Lily to speech. Addison was napping when it was time to go, my husband happened to be home so I left the other kids home and went alone with Lily. When we arrived, Ms. Rattray approached me and showed me the designated waiting area for "parents with preschoolers." It was a conference room attached to the guidance counselor's office. Since I was without preschoolers, I waited in the lobby as usual.
To write to Ms. Lynn Rattray, principal of Bellamy Elementary School:
To write to Ms. Lisa Yost, Area II Director (Ms. Rattray's supervisor):
I brought Lily for speech today and had all my girls with me. Even though I don't think what they are doing is right or legal, it's awkward enough to go there, I didn't want to get in a fight about it in front of my kids. We only have 3 more speech therapy sessions left anyway so I decided just to cooperate for now and I waited in the "parents with preschoolers" area. Lily went to speech and it was time to go. On our way out we walked through the lobby and what did I see? A mother sitting in the lobby holding a baby with a bottle of formula sitting on the table next to them! I took a picture with my phone, it's blurry. I couldn't hold my hand still enough without making it obvious what I was doing. You may also recall, there was also a baby being bottle-fed in the lobby when I dropped off my original letter to Ms. Rattray on April 29th.
So perhaps to be fair, instead of putting up a "No Food and Drink" sign in their lobby, they should have put up a sign that said, "No food, drink, breasts, bottles, sippy cups, pacifiers, administering medicine or nurturing your child in this area."
Some have asked in the comments for information on how to contact the school. So far it has not done any good, but below is the information. I appreciate your support. I ask that all letters to the principal, her supervisor or the school board are kept friendly and professional. We have science and logic on our side so I don't think it's necessary to resort to name-calling as some have in the negative comments I've received. Again, thanks so much.
Some have asked in the comments for information on how to contact the school. So far it has not done any good, but below is the information. I appreciate your support. I ask that all letters to the principal, her supervisor or the school board are kept friendly and professional. We have science and logic on our side so I don't think it's necessary to resort to name-calling as some have in the negative comments I've received. Again, thanks so much.
To write to Ms. Lynn Rattray, principal of Bellamy Elementary School:
9720 Wilsky Boulevard
Tampa, FL 33615
Tampa, FL 33615
To write to Ms. Lisa Yost, Area II Director (Ms. Rattray's supervisor):
7958 Gunn Highway
Tampa, FL 33626
Tampa, FL 33626
Wednesday, May 19, 2010
School Board Consensus: A Principal Can Authorize Where a Woman Can and Can Not Breastfeed.
I wanted to give everyone an update on the school board meeting yesterday and to respond to a few comments. First, I would like to thank all the mothers and fathers who supported me. I really appreciate the mothers and babies who came to the meeting to offer their support. I thank those who spoke on my behalf. I also thank those who were there supporting us in spirit.
We were able to address the school board and finally get a response from them. Here is a copy of what I read to the school board:
Thank you for allowing me to speak to you today. My name is Melissa Taylor and you’re probably aware of my story already, but I was asked not to breastfeed in the lobby of Bellamy Elementary school. Contrary to what Mr. Hegarty said, I was not merely offered a private place for my comfort. I was called into the principal’s office and told by Ms. Rattray that it was not appropriate for me to nurse my daughter in the school’s lobby. I reminded Ms. Rattray that Florida law protects my right to breastfeed in any location public or private, but she said that it didn’t matter because it was not appropriate.
I was upset by this encounter and contacted Lisa Yost, the area director, for help with this matter. Ms. Yost told me that she spoke to the school’s attorney and that Ms. Rattray could restrict where I was able to breastfeed.
The Florida law I mentioned was enacted to encourage breastfeeding and to authorize breastfeeding in public. Part of the preamble states:
WHEREAS, the promotion of family values and infant health demand putting an end to the vicious cycle of embarrassment and ignorance that constricts women and men alike on the subject of breastfeeding and represents hostility to mothers and babies in our culture based on archaic and outdated moral taboo, and
WHEREAS, any genuine promotion of family values should encourage public acceptance of this most basic act of nurture between mother and baby, and no mother should be made to feel incriminated or socially ostracized for breastfeeding her baby,
And then the law states: A mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether or not the nipple of the mother’s breast is covered during or incidental to the breastfeeding.
I feel that what happened to me is exactly what the law was trying to prevent. My goal here today is to prevent another mother from being asked not to breastfeed.
Mr. Hegarty said that the school board does not think that breastfeeding is inappropriate. I feel that right now you have an amazing opportunity to prove that. I am asking for Hillsborough County Schools to adopt an official policy that mothers may breastfeed on school property without interference. And by “without interference” I mean that they aren’t asked to cover up or go in a private location. I feel this is a policy the school board could be proud of. Breastfeeding is important for the health of mothers and babies, and having such a policy would show that the school board wants to protect breastfeeding for its employees, for parents of students, and even for young mothers who are students of Hillsborough County schools. Thank you for your time.
There were some mothers and teachers from Bellamy who turned out to speak who were in agreement with the principal. Ultimately, the school board suggested that we get together and work it out on our own, but was in agreement that the principal could authorize where a mother breastfeeds and said they had no plans to adopt a policy on breastfeeding in schools. I was disappointed by the school board’s response, but I was not surprised. Even though this was not the outcome we hoped for, I think speaking out and bringing this issue to the public’s attention can be a small step towards normalizing breastfeeding. Speaking out also served to make people aware of the breastfeeding law.
A few of the women from Bellamy spoke about how non-discreet I was. I don’t know what I looked like when I was nursing, but it is never my intention to expose myself to others. I nurse as discreetly as Addison allows me to, and I feel a quietly nursing child is much less disruptive that one who is crying because she’s hurt or upset, or is mad because she wants to nurse and is being denied something she has always had ready access to.
Another woman from Bellamy said she teaches Health and there is nothing in the curriculum about breastfeeding. She said this as if to say, “it’s not in the curriculum, it’s clear this is something we shouldn’t be talking about in school.” She did not seem to realize that breastfeeding being absent from the curriculum is part of the problem.
It’s clear from the responses from Bellamy that they all equate breastfeeding to a sexual act. One mother said that if her daughter saw someone breastfeeding, she would want to be the one there to explain what was happening. But I’m wondering, what’s to explain? It’s breastfeeding, the mother is feeding her baby, it’s that simple. The fact that they feel it’s something that should be talked about at home suggests it is something dirty or sexual. Sesame Street and Mr. Roger’s both have showed breastfeeding mothers on one or more episode, obviously the producers of these shows did not feel it was something that should only be discussed in private. Why do people react so strongly to breastfeeding but not to bottle-feeding?
The school’s attorney said that rights are subject to restrictions. He gave the example first that the first amendment protects freedom of speech but we can’t yell fire in a crowded theater. He then gave the example that I can’t breastfeed in a crosswalk. I’d certainly disagree here. I can nurse my child while walking, and I could nurse and walk through a cross walk. I certainly couldn’t pull up a chair in the middle of the cross walk and nurse my child, but I couldn’t pull up a chair in the middle of a cross walk anyway. This bad analogy among other things has left me to conclude the school’s attorney knows nothing about breastfeeding.
So why did I do this? Why did I press this issue? Some people have been asking me this… Contrary to what some have suggested, I am not doing this for fame or fortune. It’s been a stressful journey and I would much prefer it never happened to me in the first place. I’m not trying to detract from Bellamy’s school spirit; I think it’s great that families and staff are proud of their school and I’m sure the school has many good things to offer its students. We have been nothing but thrilled with Lily’s speech therapist. I also have no ill wishes towards Ms. Rattray; a reporter asked if I wanted her fired or wanted disciplinary action against her, I have absolutely no wish for either of these things. They never even crossed my mind.
I teach breastfeeding and we talk about nursing in public in my class. I read the law and tell students that it’s very unlikely that anyone will ever ask them not to breastfeed, but if they do, just show them a copy of the law. I can’t ask my students to speak up and protect their rights to breastfeed if I’m not willing to do so myself. I don’t want another woman to be asked not to breastfeed at a Hillsborough County school. I don’t want my daughters or my future daughter-in-law to be asked not to breastfeed. That is why I am speaking up about this.
There has also been a lot of negativity surrounding the age of my daughter. Yes, she is 2-years old and we are still nursing. I nurse her because it’s excellent nutrition. The nutrients in human milk absorb very easily so I know she’s getting good supplemental nutrients to the solid foods she is eating. I nurse because it provides her with medicine. If we’re exposed to a cold, my body starts making immunities to that specific cold. Those immunities pass directly to her through my milk so she is less likely to get sick and if she does get sick, she’s more likely to get better sooner. I nurse because it’s a source of comfort. If she’s hurt, like when she cut her forehead and needed stitches, or cranky, like when she’s overdue for a nap, nursing immediately calms her down. (Nursing also proved to be quite useful when Addison got a popcorn kernel stuck up her nose. She was able to nurse and remain calm during the extraction process.)
Here are a couple great articles on nursing a toddler:
An article from Dr. Sears - here is a quote from the article on nursing a two-year old: “Science is on your side. I have read many medical journals with articles proving the long-term health benefits of breastfeeding. The incidence of many illnesses, both childhood and adult, are lowered by breastfeeding -- diabetes, heart disease, and central nervous system degenerative disorders (such as multiple sclerosis) to name a few. The most fascinating studies show that the longer and more frequently a mom nurses her baby, the smarter her child is likely to become. "
An aritlce from Dr. Jack Newan - here is quote from this article: “It is said that breastmilk has no value after six months. Perhaps this is said, but it is patently wrong. That anyone (including paediatricians) can say such a thing only shows how ill-informed so many people in our society are about breastfeeding. Breastmilk is, after all, milk. Even after six months, it still contains protein, fat, and other nutritionally important and appropriate elements which babies and children need. Breastmilk still contains immunologic factors that help protect the child even if he is 2 or older. In fact, some immune factors in breastmilk that protect the baby against infection are present in greater amounts in the second year of life than in the first.”
Again, I really want to thank everyone for all the positive support I have received. This has been a stressful process and I can’t express how much all the support means to me.
We were able to address the school board and finally get a response from them. Here is a copy of what I read to the school board:
Thank you for allowing me to speak to you today. My name is Melissa Taylor and you’re probably aware of my story already, but I was asked not to breastfeed in the lobby of Bellamy Elementary school. Contrary to what Mr. Hegarty said, I was not merely offered a private place for my comfort. I was called into the principal’s office and told by Ms. Rattray that it was not appropriate for me to nurse my daughter in the school’s lobby. I reminded Ms. Rattray that Florida law protects my right to breastfeed in any location public or private, but she said that it didn’t matter because it was not appropriate.
I was upset by this encounter and contacted Lisa Yost, the area director, for help with this matter. Ms. Yost told me that she spoke to the school’s attorney and that Ms. Rattray could restrict where I was able to breastfeed.
The Florida law I mentioned was enacted to encourage breastfeeding and to authorize breastfeeding in public. Part of the preamble states:
WHEREAS, the promotion of family values and infant health demand putting an end to the vicious cycle of embarrassment and ignorance that constricts women and men alike on the subject of breastfeeding and represents hostility to mothers and babies in our culture based on archaic and outdated moral taboo, and
WHEREAS, any genuine promotion of family values should encourage public acceptance of this most basic act of nurture between mother and baby, and no mother should be made to feel incriminated or socially ostracized for breastfeeding her baby,
And then the law states: A mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether or not the nipple of the mother’s breast is covered during or incidental to the breastfeeding.
I feel that what happened to me is exactly what the law was trying to prevent. My goal here today is to prevent another mother from being asked not to breastfeed.
Mr. Hegarty said that the school board does not think that breastfeeding is inappropriate. I feel that right now you have an amazing opportunity to prove that. I am asking for Hillsborough County Schools to adopt an official policy that mothers may breastfeed on school property without interference. And by “without interference” I mean that they aren’t asked to cover up or go in a private location. I feel this is a policy the school board could be proud of. Breastfeeding is important for the health of mothers and babies, and having such a policy would show that the school board wants to protect breastfeeding for its employees, for parents of students, and even for young mothers who are students of Hillsborough County schools. Thank you for your time.
There were some mothers and teachers from Bellamy who turned out to speak who were in agreement with the principal. Ultimately, the school board suggested that we get together and work it out on our own, but was in agreement that the principal could authorize where a mother breastfeeds and said they had no plans to adopt a policy on breastfeeding in schools. I was disappointed by the school board’s response, but I was not surprised. Even though this was not the outcome we hoped for, I think speaking out and bringing this issue to the public’s attention can be a small step towards normalizing breastfeeding. Speaking out also served to make people aware of the breastfeeding law.
A few of the women from Bellamy spoke about how non-discreet I was. I don’t know what I looked like when I was nursing, but it is never my intention to expose myself to others. I nurse as discreetly as Addison allows me to, and I feel a quietly nursing child is much less disruptive that one who is crying because she’s hurt or upset, or is mad because she wants to nurse and is being denied something she has always had ready access to.
Another woman from Bellamy said she teaches Health and there is nothing in the curriculum about breastfeeding. She said this as if to say, “it’s not in the curriculum, it’s clear this is something we shouldn’t be talking about in school.” She did not seem to realize that breastfeeding being absent from the curriculum is part of the problem.
It’s clear from the responses from Bellamy that they all equate breastfeeding to a sexual act. One mother said that if her daughter saw someone breastfeeding, she would want to be the one there to explain what was happening. But I’m wondering, what’s to explain? It’s breastfeeding, the mother is feeding her baby, it’s that simple. The fact that they feel it’s something that should be talked about at home suggests it is something dirty or sexual. Sesame Street and Mr. Roger’s both have showed breastfeeding mothers on one or more episode, obviously the producers of these shows did not feel it was something that should only be discussed in private. Why do people react so strongly to breastfeeding but not to bottle-feeding?
The school’s attorney said that rights are subject to restrictions. He gave the example first that the first amendment protects freedom of speech but we can’t yell fire in a crowded theater. He then gave the example that I can’t breastfeed in a crosswalk. I’d certainly disagree here. I can nurse my child while walking, and I could nurse and walk through a cross walk. I certainly couldn’t pull up a chair in the middle of the cross walk and nurse my child, but I couldn’t pull up a chair in the middle of a cross walk anyway. This bad analogy among other things has left me to conclude the school’s attorney knows nothing about breastfeeding.
So why did I do this? Why did I press this issue? Some people have been asking me this… Contrary to what some have suggested, I am not doing this for fame or fortune. It’s been a stressful journey and I would much prefer it never happened to me in the first place. I’m not trying to detract from Bellamy’s school spirit; I think it’s great that families and staff are proud of their school and I’m sure the school has many good things to offer its students. We have been nothing but thrilled with Lily’s speech therapist. I also have no ill wishes towards Ms. Rattray; a reporter asked if I wanted her fired or wanted disciplinary action against her, I have absolutely no wish for either of these things. They never even crossed my mind.
I teach breastfeeding and we talk about nursing in public in my class. I read the law and tell students that it’s very unlikely that anyone will ever ask them not to breastfeed, but if they do, just show them a copy of the law. I can’t ask my students to speak up and protect their rights to breastfeed if I’m not willing to do so myself. I don’t want another woman to be asked not to breastfeed at a Hillsborough County school. I don’t want my daughters or my future daughter-in-law to be asked not to breastfeed. That is why I am speaking up about this.
There has also been a lot of negativity surrounding the age of my daughter. Yes, she is 2-years old and we are still nursing. I nurse her because it’s excellent nutrition. The nutrients in human milk absorb very easily so I know she’s getting good supplemental nutrients to the solid foods she is eating. I nurse because it provides her with medicine. If we’re exposed to a cold, my body starts making immunities to that specific cold. Those immunities pass directly to her through my milk so she is less likely to get sick and if she does get sick, she’s more likely to get better sooner. I nurse because it’s a source of comfort. If she’s hurt, like when she cut her forehead and needed stitches, or cranky, like when she’s overdue for a nap, nursing immediately calms her down. (Nursing also proved to be quite useful when Addison got a popcorn kernel stuck up her nose. She was able to nurse and remain calm during the extraction process.)
Here are a couple great articles on nursing a toddler:
An article from Dr. Sears - here is a quote from the article on nursing a two-year old: “Science is on your side. I have read many medical journals with articles proving the long-term health benefits of breastfeeding. The incidence of many illnesses, both childhood and adult, are lowered by breastfeeding -- diabetes, heart disease, and central nervous system degenerative disorders (such as multiple sclerosis) to name a few. The most fascinating studies show that the longer and more frequently a mom nurses her baby, the smarter her child is likely to become. "
An aritlce from Dr. Jack Newan - here is quote from this article: “It is said that breastmilk has no value after six months. Perhaps this is said, but it is patently wrong. That anyone (including paediatricians) can say such a thing only shows how ill-informed so many people in our society are about breastfeeding. Breastmilk is, after all, milk. Even after six months, it still contains protein, fat, and other nutritionally important and appropriate elements which babies and children need. Breastmilk still contains immunologic factors that help protect the child even if he is 2 or older. In fact, some immune factors in breastmilk that protect the baby against infection are present in greater amounts in the second year of life than in the first.”
Again, I really want to thank everyone for all the positive support I have received. This has been a stressful process and I can’t express how much all the support means to me.
Monday, May 10, 2010
Link to Fox 13 News Piece
I did an interview for Fox 13 News, you can leave comments here too:
http://www.myfoxtampabay.com/dpp/news/local/hillsborough/510-breastfeeding-stirs-controversy-at-school
I appreciate everyone's support!
http://www.myfoxtampabay.com/dpp/news/local/hillsborough/510-breastfeeding-stirs-controversy-at-school
I appreciate everyone's support!
Saturday, May 8, 2010
School Board Meeting May 18th
There is a schoolboard meeting May 18th at 3:00 PM at Raymond O. Shelton School Administrative Center, 901 E. Kennedy Blvd., Tampa, FL.
If anyone wants to attend and nurse their babies or speak on the importance of encouraging, supporting or protecting breastfeeding, I would really appreciate it! There is time at the end of the meeting for the public to speak; you just need to fill out a request-to-speak form at the meeting.
Meeting Dates
Meeting Guidelines
If anyone wants to attend and nurse their babies or speak on the importance of encouraging, supporting or protecting breastfeeding, I would really appreciate it! There is time at the end of the meeting for the public to speak; you just need to fill out a request-to-speak form at the meeting.
Meeting Dates
Meeting Guidelines
Friday, May 7, 2010
Asked not to Breastfeed
My daughter Lily, who is 4, qualifies due to her hearing loss to receive resource speech therapy at our local school, Bellamy Elementary, twice a week. During the half hour she’s there, my other daughters (Logan (4) and Addison (2)) and I wait in the lobby. On April 28th, 2010 I was called into the principal’s office and asked not to breastfeed in the lobby. The principal said it was “not appropriate” for students, particularly boys in the school, to see me breastfeed.
I informed her that FL law protects my right to breastfeed in any location, public or private where I am otherwise authorized to be. She said it didn't matter what the law states because it was not appropriate. She said that she could try to schedule Lily's speech therapy sometime when there were not students at the school, or I could wait in a private location and nurse there. I informed her that I did not want to nurse in a private location. She asked me to leave her office.
Link to FL statute 383.015 concerning breastfeeding
My first response was to write a letter to the principal of Bellamy, Lynn Rattray, and to her supervisor, Lisa Yost. Here is a copy of the letter I wrote to Ms. Rattray:
Dear Ms. Rattray,
I am writing to express my concerns in regards to our meeting today where you asked me not to breastfeed my daughter in the lobby of your school. Although I mentioned it during our conversation, I’d like to again remind you that Florida State Law 383.015 protects my right to breastfeed my child in any location, public or private, where I am otherwise authorized to be, irrespective of whether my nipple is uncovered during or incidental to the breastfeeding.
I feel that your suggestion that I change the time I bring my daughter for resource speech therapy or to nurse in a private location violates my rights. Furthermore, your suggestions deeply offend me and I would like an apology.
There are numerous and well-documented short and long-term health risks to not breastfeeding. The World Health Organization states that mothers need support to make optimal breastfeeding practices a reality and that, “above all, mothers everywhere should have a sense of pride in breastfeeding.” The Centers for Disease Control and Prevention state that breastfeeding should be protected, promoted and supported and that, “throughout your community, everyone plays a role in fostering breastfeeding. When health care professionals, legislators, employers, business owners, and community and family members work together, their efforts can increase the number of women who are able to start breastfeeding and the length of time they continue to breastfeed.”
You mentioned that seeing a woman breastfeed is not appropriate for young boys. I feel that seeing a woman breastfeed is highly appropriate for young boys. Breastfeeding is the biological normal way to feed a child. By letting children see a mother breastfeeding, we are teaching them that this is normal and that feeding our young are what breasts are for. And in turn, the children with greater exposure to breastfeeding will be more likely to grow up to be breastfeeding mothers and breastfeeding-supportive fathers. A larger breastfeeding population will benefit the whole society with less health care cost and less employee absenteeism (parents taking off work to care for sick children.) As a school principal, you are in the unique position to teach these values to children at a young age and make a lasting impression. You could even adapt a school curriculum to help make breastfeeding normal. Simple things such as teaching kindergartens that all mammals make milk for their babies and that humans are mammals can go a long way.
Thank you for your time and I look forward to your response.
Sincerely,
Melissa Taylor
On May 4th I received a phone call from Lisa Yost, Area Director Area II. Lisa informed me that she spoke to their lawyer and that I do have the right to breastfeed where I’m authorized to be, but she said that the principal can authorize where I can be in the school. She said they would like me to wait in a private area while Lily receives speech therapy. She said that there is no food and drink allowed in the lobby. I replied that if I had been feeding my child a bottle, no one would ask me to go somewhere else. Lisa said that they might have because there is no food or drink. I find this hard to believe. When I dropped my letter off to the principal there was a baby drinking form a bottle in the lobby.
If I had been asked to wait for Lily in a private area from the beginning this would be fine and I would have been happy to do so. I don’t think it’s fair to ask me to wait somewhere else BECAUSE of the fact that I am breastfeeding.
We decided to take our complaint one step further up the chain of command. On May 5, 2010 we emailed the superintendent and the school board members. Here is a copy of the email I sent:
I am writing to express my concerns in regards to a meeting I had on April 28th with Ms. Rattray, principal of Bellamy Elementary school. My daughter, Lily, receives resource speech therapy twice a week at Bellamy and while she is in her session, my two other daughters and I wait in the school lobby. On this particular afternoon shortly after we arrived, I was told that Ms. Rattray wanted to speak to me. When I entered her office she informed me that nursing my daughter wasn’t appropriate in the lobby and that she’d like to either arrange another time for my daughter to receive speech therapy, or for me to nurse my daughter in a private location.
I mentioned to Ms. Rattray that Florida Statute 383.015 protects my right to breastfeed my child in any location, public or private, where I am otherwise authorized to be, irrespective of whether my nipple is uncovered during or incidental to the breastfeeding; however, Ms. Rattray insisted that it was not appropriate for the young boys in the school to see me breastfeed.
The following day I sent a letter to Ms. Rattray and to Lisa Yost expressing my concerns. On Tuesday May 4th, I spoke to Ms. Yost over the phone. Ms. Yost informed me that as principal, Ms. Rattray can authorize which areas of the school I am allowed to visit, and that in the future I will need to wait in a private location while my daughter receives speech therapy. Because I had been previously authorized to wait in the lobby, I feel that being asked to now wait in a private location is a violation of 383.015 and Title IX and discriminates against me because I breastfeed.
Breastfeeding is an important act of nurture that needs to be encouraged, protected and supported. I’m not sure how familiar you are with the importance of breastfeeding, but there are numerous and well-documented short and long-term health risks to not breastfeeding. The Centers for Disease Control and Prevention states that, “throughout your community, everyone plays a role in fostering breastfeeding. When health care professionals, legislators, employers, business owners, and community and family members work together, their efforts can increase the number of women who are able to start breastfeeding and the length of time they continue to breastfeed.”
My goal is to prevent other women from being asked not to breastfeed in any Hillsborough County School. I would appreciate a written and timely response. Thank you for your time.
A friend on mine had email Ms. Yost and she received this response on May 6:
I am in receipt of your email and responding to your concerns. The principal of the school is not denying any mother's right to breastfeed her child. It is the principal's right and responsibility to take care of the needs of all students, families and visitors at the school. As specified under the law, she is authorizing a convenient, comfortable location for mothers to wait for their children and breastfeed as necessary.
My husband replied to this response and the school board's lawyer wrote back. Here is a portion of what the lawyer said:
The Florida law does not, however, contain a right to breastfeed “wherever and whenever” a mother wishes. The law does not guarantee that a person will be allowed a place to breastfeed. It simply says that breastfeeding may occur wherever the “mother is otherwise authorized to be.” It does not provide that authorization nor undermine the power of the person in charge of the place where the feeding is to occur to give or withhold the authorization. If one were to read the statute as giving an unrestricted right to breastfeed, it would mean that a person in his or her own house could not ask a guest to perform the act in privacy. This statute could not impose such a requirement and no authority has said that it did.
It is therefore clear that a school principal may determine, based on factors including the place where the feeding will occur and the age and gender of students in that place, that breastfeeding is or is not appropriately conducted in a particular area at that particular time.
I do not agree with his interpretation of the law. I believe this is exactly the kind of thing the law was trying to protect against. Asking me to wait in a separate area is treating me different because I breastfeed. If they were asking me to wait in a separate area because of my race or my sexual orientation, there would be no question that it is discrimination. The preamble of the breastfeeding statute states:
WHEREAS, the social constraints of modern society militate against the choice of breastfeeding and lead new mothers with demanding time schedules to opt for formula feeding for reasons such as embarrassment and the fear of social ostracism or criminal prosecution, and
WHEREAS, the promotion of family values and infant health demand putting an end to the vicious cycle of embarrassment and ignorance that constricts women and men alike on the subject of breastfeeding and represents hostility to mothers and babies in our culture based on archaic and outdated moral taboo, and
WHEREAS, any genuine promotion of family values should encourage public acceptance of this most basic act of nurture between mother and baby, and no mother should be made to feel incriminated or socially ostracized for breastfeeding her baby
It is clear from the school's response that they feel breastfeeding is inappropriate. The lawyer stated, " It is therefore clear that a school principal may determine... that breastfeeding is or is not appropriately conducted..." I imagine the principal looking at two women breastfeeding and pointing to one and saying, "she's doing it appropriately," and pointing the other and saying, "she's doing it inappropriately."
Breastfeeding is normal and I feel I have been treated poorly. I am a mother of 4 and have been breastfeeding for about 6 years. I am a lactation counselor and very educated about breastfeeding. I have never been asked not to breastfeed or felt uncomfortable breastfeeding in public before. Even with all my knowledge and experience, the principal asking me to not breastfeed has caused me to feel uncomfortable every time I enter the school. Even if the result of my first letter was for them to apologize and say, “Go ahead and breastfeed!” I would still feel uncomfortable every time I go there. Asking me not to breastfeed has caused me to parent differently while at the school. Instead of following my instincts and looking to my child’s needs, I am finding myself hoping Addison does not ask to nurse while I’m at the school. I am trying to distract her from nursing. If she asks to nurse, I am still nursing her but I hate that they have caused me to change my behavior. If I were a first time mother new to breastfeeding, or even worse, struggling with breastfeeding, who knows how this would affected the nursing relationship with my child. I am not perusing this for my personal gain. We only have about 4 more weeks of speech therapy until summer and Lily will go to a different school next year. I’m doing this because I want to protect the right of women to breastfeed without harassment. I’m doing it to ensure that this does not happen to other women, and especially to my children when they are older. I'm doing this because I believe doing nothing is like agreeing I was acting inappropriately. My ultimate goal is for the school system to adopt an official policy where women are welcome to breastfeed on school property without interference. I thank everyone for their support.
If you would like to contact the school board, use this link. We're hoping that friendly reminders of the importance of encouraging, supporting and protecting breastfeeding may be helpful.
I informed her that FL law protects my right to breastfeed in any location, public or private where I am otherwise authorized to be. She said it didn't matter what the law states because it was not appropriate. She said that she could try to schedule Lily's speech therapy sometime when there were not students at the school, or I could wait in a private location and nurse there. I informed her that I did not want to nurse in a private location. She asked me to leave her office.
Link to FL statute 383.015 concerning breastfeeding
My first response was to write a letter to the principal of Bellamy, Lynn Rattray, and to her supervisor, Lisa Yost. Here is a copy of the letter I wrote to Ms. Rattray:
Dear Ms. Rattray,
I am writing to express my concerns in regards to our meeting today where you asked me not to breastfeed my daughter in the lobby of your school. Although I mentioned it during our conversation, I’d like to again remind you that Florida State Law 383.015 protects my right to breastfeed my child in any location, public or private, where I am otherwise authorized to be, irrespective of whether my nipple is uncovered during or incidental to the breastfeeding.
I feel that your suggestion that I change the time I bring my daughter for resource speech therapy or to nurse in a private location violates my rights. Furthermore, your suggestions deeply offend me and I would like an apology.
There are numerous and well-documented short and long-term health risks to not breastfeeding. The World Health Organization states that mothers need support to make optimal breastfeeding practices a reality and that, “above all, mothers everywhere should have a sense of pride in breastfeeding.” The Centers for Disease Control and Prevention state that breastfeeding should be protected, promoted and supported and that, “throughout your community, everyone plays a role in fostering breastfeeding. When health care professionals, legislators, employers, business owners, and community and family members work together, their efforts can increase the number of women who are able to start breastfeeding and the length of time they continue to breastfeed.”
You mentioned that seeing a woman breastfeed is not appropriate for young boys. I feel that seeing a woman breastfeed is highly appropriate for young boys. Breastfeeding is the biological normal way to feed a child. By letting children see a mother breastfeeding, we are teaching them that this is normal and that feeding our young are what breasts are for. And in turn, the children with greater exposure to breastfeeding will be more likely to grow up to be breastfeeding mothers and breastfeeding-supportive fathers. A larger breastfeeding population will benefit the whole society with less health care cost and less employee absenteeism (parents taking off work to care for sick children.) As a school principal, you are in the unique position to teach these values to children at a young age and make a lasting impression. You could even adapt a school curriculum to help make breastfeeding normal. Simple things such as teaching kindergartens that all mammals make milk for their babies and that humans are mammals can go a long way.
Thank you for your time and I look forward to your response.
Sincerely,
Melissa Taylor
On May 4th I received a phone call from Lisa Yost, Area Director Area II. Lisa informed me that she spoke to their lawyer and that I do have the right to breastfeed where I’m authorized to be, but she said that the principal can authorize where I can be in the school. She said they would like me to wait in a private area while Lily receives speech therapy. She said that there is no food and drink allowed in the lobby. I replied that if I had been feeding my child a bottle, no one would ask me to go somewhere else. Lisa said that they might have because there is no food or drink. I find this hard to believe. When I dropped my letter off to the principal there was a baby drinking form a bottle in the lobby.
If I had been asked to wait for Lily in a private area from the beginning this would be fine and I would have been happy to do so. I don’t think it’s fair to ask me to wait somewhere else BECAUSE of the fact that I am breastfeeding.
We decided to take our complaint one step further up the chain of command. On May 5, 2010 we emailed the superintendent and the school board members. Here is a copy of the email I sent:
I am writing to express my concerns in regards to a meeting I had on April 28th with Ms. Rattray, principal of Bellamy Elementary school. My daughter, Lily, receives resource speech therapy twice a week at Bellamy and while she is in her session, my two other daughters and I wait in the school lobby. On this particular afternoon shortly after we arrived, I was told that Ms. Rattray wanted to speak to me. When I entered her office she informed me that nursing my daughter wasn’t appropriate in the lobby and that she’d like to either arrange another time for my daughter to receive speech therapy, or for me to nurse my daughter in a private location.
I mentioned to Ms. Rattray that Florida Statute 383.015 protects my right to breastfeed my child in any location, public or private, where I am otherwise authorized to be, irrespective of whether my nipple is uncovered during or incidental to the breastfeeding; however, Ms. Rattray insisted that it was not appropriate for the young boys in the school to see me breastfeed.
The following day I sent a letter to Ms. Rattray and to Lisa Yost expressing my concerns. On Tuesday May 4th, I spoke to Ms. Yost over the phone. Ms. Yost informed me that as principal, Ms. Rattray can authorize which areas of the school I am allowed to visit, and that in the future I will need to wait in a private location while my daughter receives speech therapy. Because I had been previously authorized to wait in the lobby, I feel that being asked to now wait in a private location is a violation of 383.015 and Title IX and discriminates against me because I breastfeed.
Breastfeeding is an important act of nurture that needs to be encouraged, protected and supported. I’m not sure how familiar you are with the importance of breastfeeding, but there are numerous and well-documented short and long-term health risks to not breastfeeding. The Centers for Disease Control and Prevention states that, “throughout your community, everyone plays a role in fostering breastfeeding. When health care professionals, legislators, employers, business owners, and community and family members work together, their efforts can increase the number of women who are able to start breastfeeding and the length of time they continue to breastfeed.”
My goal is to prevent other women from being asked not to breastfeed in any Hillsborough County School. I would appreciate a written and timely response. Thank you for your time.
A friend on mine had email Ms. Yost and she received this response on May 6:
I am in receipt of your email and responding to your concerns. The principal of the school is not denying any mother's right to breastfeed her child. It is the principal's right and responsibility to take care of the needs of all students, families and visitors at the school. As specified under the law, she is authorizing a convenient, comfortable location for mothers to wait for their children and breastfeed as necessary.
My husband replied to this response and the school board's lawyer wrote back. Here is a portion of what the lawyer said:
The Florida law does not, however, contain a right to breastfeed “wherever and whenever” a mother wishes. The law does not guarantee that a person will be allowed a place to breastfeed. It simply says that breastfeeding may occur wherever the “mother is otherwise authorized to be.” It does not provide that authorization nor undermine the power of the person in charge of the place where the feeding is to occur to give or withhold the authorization. If one were to read the statute as giving an unrestricted right to breastfeed, it would mean that a person in his or her own house could not ask a guest to perform the act in privacy. This statute could not impose such a requirement and no authority has said that it did.
It is therefore clear that a school principal may determine, based on factors including the place where the feeding will occur and the age and gender of students in that place, that breastfeeding is or is not appropriately conducted in a particular area at that particular time.
I do not agree with his interpretation of the law. I believe this is exactly the kind of thing the law was trying to protect against. Asking me to wait in a separate area is treating me different because I breastfeed. If they were asking me to wait in a separate area because of my race or my sexual orientation, there would be no question that it is discrimination. The preamble of the breastfeeding statute states:
WHEREAS, the social constraints of modern society militate against the choice of breastfeeding and lead new mothers with demanding time schedules to opt for formula feeding for reasons such as embarrassment and the fear of social ostracism or criminal prosecution, and
WHEREAS, the promotion of family values and infant health demand putting an end to the vicious cycle of embarrassment and ignorance that constricts women and men alike on the subject of breastfeeding and represents hostility to mothers and babies in our culture based on archaic and outdated moral taboo, and
WHEREAS, any genuine promotion of family values should encourage public acceptance of this most basic act of nurture between mother and baby, and no mother should be made to feel incriminated or socially ostracized for breastfeeding her baby
It is clear from the school's response that they feel breastfeeding is inappropriate. The lawyer stated, " It is therefore clear that a school principal may determine... that breastfeeding is or is not appropriately conducted..." I imagine the principal looking at two women breastfeeding and pointing to one and saying, "she's doing it appropriately," and pointing the other and saying, "she's doing it inappropriately."
Breastfeeding is normal and I feel I have been treated poorly. I am a mother of 4 and have been breastfeeding for about 6 years. I am a lactation counselor and very educated about breastfeeding. I have never been asked not to breastfeed or felt uncomfortable breastfeeding in public before. Even with all my knowledge and experience, the principal asking me to not breastfeed has caused me to feel uncomfortable every time I enter the school. Even if the result of my first letter was for them to apologize and say, “Go ahead and breastfeed!” I would still feel uncomfortable every time I go there. Asking me not to breastfeed has caused me to parent differently while at the school. Instead of following my instincts and looking to my child’s needs, I am finding myself hoping Addison does not ask to nurse while I’m at the school. I am trying to distract her from nursing. If she asks to nurse, I am still nursing her but I hate that they have caused me to change my behavior. If I were a first time mother new to breastfeeding, or even worse, struggling with breastfeeding, who knows how this would affected the nursing relationship with my child. I am not perusing this for my personal gain. We only have about 4 more weeks of speech therapy until summer and Lily will go to a different school next year. I’m doing this because I want to protect the right of women to breastfeed without harassment. I’m doing it to ensure that this does not happen to other women, and especially to my children when they are older. I'm doing this because I believe doing nothing is like agreeing I was acting inappropriately. My ultimate goal is for the school system to adopt an official policy where women are welcome to breastfeed on school property without interference. I thank everyone for their support.
If you would like to contact the school board, use this link. We're hoping that friendly reminders of the importance of encouraging, supporting and protecting breastfeeding may be helpful.
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