Now is the Time to Act!!

Senate Bill No. 2704 An Act Protecting the Rights of Nursing Mothers Senator Susan Fargo

Massachusetts is one of only 5 states to have no breastfeeding laws protecting breastfeeding mothers and babies. The majority of states (45) have enacted legislation related to breastfeeding.
Thirty-seven states allow mothers to breastfeed in any public or private location. Nineteen states exempt breastfeeding from public indecency laws Eleven states have laws related to breastfeeding in the workplace. Eleven states exempt breastfeeding mothers from jury duty. Four states have implemented or encouraged the development of a breastfeeding awareness education campaign. Senate Bill 2704 has been engrossed by the Senate (voted on and passed) and sent to the House Ways and Means Committee, where it awaits a decision. This is the furthest a piece of breastfeeding legislation has ever made it in Massachusetts! The House and Senate are in informal session. The legislative process is still ongoing and bills do advance without roll call votes.
At this point in time it is very important for us to call our state representative and ask that this bill be reported out favorably by the Ways and Means Committee. Ask him/her to call Chairman DeLeo and Speaker DiMasi to urge a favorable committee report. If your representative is in the list below of the members of the Committee, it is even more important to call. The second call we all need to make is to the Speaker’s office, urging him to review the bill favorably and move it to the floor for action.
To find out the name of your state representative go to: http://maps.massgis.state.ma.us/legisdistrict/pages/main.jsp.
Marsha Walker
----------------------------------------------------------------------------------- Talking points for the phone calls and emails:

• Massachusetts is one of only 5 states with no breastfeeding legislation to protect breastfeeding mothers
• Massachusetts is nationally known for its progressive social agenda and forward looking health care initiatives
• Babies who receive human milk consume less of scare health care dollars
• Breastfeeding reduces numerous acute and chronic diseases and conditions such as obesity, diabetes, necrotizing enterocolitis, ear infections, and leukemia
• State obesity-attributable Medicaid expenditures range from $23 million to $3.5 billion depending on the size of the state; one case of necrotizing enterocolitis in the neonatal intensive care unit can cost over $200,000
• Promoting and supporting breastfeeding in Massachusetts will save millions of health care dollars

By Ms. Fargo, a petition of Susan C. Fargo, Robert A. O'Leary, Benjamin Swan, Cory Atkins and other members of the General Court for legislation to protect the rights of nursing mothers.

AN ACT Protecting the Rights of Nursing Mothers

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. The general court finds that:
(a) breastfeeding provides better nutrition for infants and greater protection against infection and illness, and reduces hospital visits and infant mortality;
(b) nursing mothers receive greater protection against various cancers and have better physical and emotional health; and
(c) breastfeeding benefits families, employers and the economy of the commonwealth by helping to lower health care expenses.

SECTION 2. Chapter 111 of the General Laws is hereby amended by inserting after section 219, the following 2 sections:-
Section 220.
(a) A mother may breastfeed her child in any public place, or place or establishment 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) The act of a mother breastfeeding her child in any public or private location shall not be construed as lewd or indecent unlawful conduct, notwithstanding any other law to the contrary.
(c) It shall be unlawful for any person to, intentionally and without lawful justification, intimidate or interfere with, or attempt to intimidate or interfere with, a mother breastfeeding her child.
(d) The attorney general may bring a civil action for injunctive or other equitable relief to protect any right granted under this section.
(e) Any aggrieved person whose rights under subsection (a) have been unlawfully violated by another person may bring a civil action against such other person for equitable relief including injunctive relief and for monetary damages. If an aggrieved person prevails in an action brought under this subsection, the court shall award the costs of litigation and reasonable attorney fees as determined by the court in addition to any other relief.
(f) A civil action commenced by the attorney general under subsection (d) or by an aggrieved person under subsection (e) shall be instituted in the superior court for the county where the conduct complained of occurred or in which the person whose conduct complained of resides or has a principal place of business.
(g) Notwithstanding subsection (a), a place of religious instruction or worship may disallow breastfeeding on any of its premises.

Section 220½. The department shall provide educational information to the public on the health benefits of breastfeeding. All such information shall be compatible with the nutritional requirements to be provided by the department under section 1 of chapter 111I. The department shall post such information on its public internet site and may make the information available in written format, to local boards of health and to any state department, division or agency that administers a maternal or child health service or program, for public dissemination.