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Statute clarification - breastfeeding

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rmorlock

Junior Member
What is the name of your state (only U.S. law)? MN

Minn. Stat. § 145.905 provides that a mother may breast feed in any location, public or private, where the mother and child are authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breast feeding.

Could a store owner ask a mother to leave a restaurant for breastfeeding when she refused to cover up. My thought is that once she refused to cover up, a restaurant manager could say that the breastfeeding is disturbing to patrons and ask her to leave. She would then not be authorized to be in the restaurant.
 


BOR

Senior Member
Interesting! I would say it is a variant of a "public accomodation" law, and gives protection to another protected class, so she has a right.

If you want to read any case law on it, go to a library, maybe the Main branch, they will have the Law/statutes there. Look up that section and see if there are any case law annotations after it that address breast feeding.

Just out of curiousity sake, next time I am at the law library, I may check, they have "state collections", not just my states.
 

xylene

Senior Member
Are you a mother or a store owner?

Let's put it this way -

If your a store owner, there is no backdoor to deny or revoke authorization because of breastfeeding to skirt the law.

It you are a mom, if asked to stop nursing, apply a basic standard to see if the request is reasonable. Otherwise cite the law and keep nursing. There is no lawsuit lotto for being asked to tuck them in, this is a family place...
 

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