Victory in Massachusetts

There's some great news for Massachusetts. In an earlier post about breastfeeding, we stated that Massachusetts and West Virginia were the only two states without protection for breastfeeding mothers. In those states, women could be charged with indecent exposure and lewd behavior for breastfeeding in public, and if found guilty, would have to register as sex offenders. While this situation is highly unlikely, it shouldn't even be a consideration, and it no longer is in Massachusetts. The state just passed the following:

SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after section 219 the following section:-
Section 220. (a) A mother may breastfeed her child in any public place, or establishment or place which is open to and accepts or solicits the patronage of the general public; and where the mother and her child may otherwise be there lawfully.
(b) Notwithstanding any general, special or other law to the contrary, the act of a mother breastfeeding her child, and any exposure of a breast incidental to, and solely for the purpose of such act, shall not be considered as lewd, indecent or immoral, unlawful conduct in any public or private location.

(c) No person, organization or governmental entity without lawful justification, shall restrict, harass or penalize a mother who is breastfeeding to purposely violate her right under subsection (a).
(d) The attorney general may bring a civil action for equitable relief to restrain or prevent a violation of subsection (c).
(e) A civil action may be brought under this section by a mother who has been subject to conduct in violation of subsection (c). In such action, the court may, award her actual damages in an
amount not to exceed $500 and, enter appropriate orders to restrain such unlawful conduct.
In addition to any such relief, the court may award reasonable attorney fees. 10 11 12 13 14 15 16 17 18 19

Massachusetts just went from one of the worst states in the country for breastfeeding rights to one of the most protective. It may not seem like much to those without children or who aren't breastfeeding, but it means a great deal to us. Avonlea Jane has nursed in public almost every time we have taken her out of the house since she was three days old--from restaurants, to the grocery store, to mass, to the mall, to walking through a parking lot. We have been quite fortunate that the only reactions we have received have been smiles and positive comments, and most people can't even tell she's nursing. Should we ever have a negative experience in public, we're now happy to have a legal retort.

Now, come on West Virginia!