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RE: Breastfeeding In Court? - 11/19/2011 11:14:13 AM   
searching4mysir


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quote:

ORIGINAL: xxblushesxx

It's been about four years. But hold on, HM is a professor...

Ok, he said one time a student had an emergency (an absolute emergency is how he put it) and brought her young child (not a baby) to class. But there have been no infants, and he would not have infants in his class, so breastfeeding would not be an issue.



HM, if he teaches in KY, would have no choice BUT to allow it:

Ky. Rev. Stat. § 211-755 (2006) permits a mother to breastfeed her baby or express breast milk in any public or private location. Requires that breastfeeding may not be considered an act of public indecency, indecent exposure, sexual conduct, lewd touching or obscenity. Prohibits a municipality from enacting an ordinance that prohibits or restricts breastfeeding in a public or private place. (2006 SB 106)


Here is the specific verbiage (emphasis is mine):

quote:


211.755 Breast-feeding permitted -- Municipal ordinances not to prohibit or
restrict -- Interference prohibited.
(1) Notwithstanding any other provision of the law, a mother may breast-feed her baby
or express breast milk in any location, public or private, where the mother is
otherwise authorized to be
. Breast-feeding a child or expressing breast milk as part
of breast-feeding shall not be considered an act of public indecency and shall not be
considered indecent exposure, sexual conduct, lewd touching, or obscenity.
(2) A municipality may not enact an ordinance that prohibits or restricts a mother
breast-feeding a child or expressing breast milk in a public or private location where
the mother and child are otherwise authorized to be. In a municipal ordinance,
indecent exposure, sexual conduct, lewd touching, obscenity, and similar terms do
not include the act of a mother breast-feeding a child in a public or private location
where the mother and child are otherwise authorized to be.
(3) No person shall interfere with a mother breast-feeding her child in any location,
public or private, where the mother is otherwise authorized to be.

Effective: July 12, 2006
History: Created 2006 Ky. Acts ch. 80, sec. 1, effective July 12, 2006.


http://www.lrc.ky.gov/krs/211-00/755.pdf

If the mother is enrolled in his class, she has every legal right to breastfeed during his class, AND if he attempts to stop her in any way, HE is breaking the law. Granted, that law may not have been in effect when he was teaching, but it is now.

< Message edited by searching4mysir -- 11/19/2011 11:15:56 AM >

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RE: Breastfeeding In Court? - 11/19/2011 11:16:58 AM   
xxblushesxx


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They don't allow children in the classroom. I don't know what else to tell you.

ETA: he is still teaching.

< Message edited by xxblushesxx -- 11/19/2011 11:18:06 AM >


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RE: Breastfeeding In Court? - 11/19/2011 11:25:30 AM   
agirl


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quote:

ORIGINAL: xxblushesxx

It's been about four years. But hold on, HM is a professor...

Ok, he said one time a student had an emergency (an absolute emergency is how he put it) and brought her young child (not a baby) to class. But there have been no infants, and he would not have infants in his class, so breastfeeding would not be an issue.


If you know in ADVANCE that you ought not bring an infant , then you are forewarned. You either make contingencies or be absent.

I asked a barrister friend who said * Babies are allowed in court and feeding would be at the judges discretion. No-one expects every attendant to know judges individual preferences, and court officials will always make sure you are in safe hands. Many people are in court for the first time and have little knowledge of its running. It's our job to make sure they have a smooth path through it as we are the experts*

agirl


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RE: Breastfeeding In Court? - 11/19/2011 11:25:39 AM   
TheFireWithinMe


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Then according to what searching4mysir posted he would have no choice in the matter if one of his students chose to breastfeed in his class.

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RE: Breastfeeding In Court? - 11/19/2011 11:33:37 AM   
Ishtarr


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quote:

ORIGINAL: TheFireWithinMe

Then according to what searching4mysir posted he would have no choice in the matter if one of his students chose to breastfeed in his class.


Only if children are allowed in the classroom to begin with.
If he allows her to bring the child into the classroom, he can't prohibit her to feed it.

However, the fact that a mother is allowed to breastfeed her child in all public locations doesn't imply that she's allowed to bring the child in all locations.
A strip club, for example, would not allow a mother to bring her baby with her.
A roller coaster with an age limit, would not allow a mother to bring her baby.
Certain spa's and sauna's do not allow children under a certain age.

All these locations are places where a mother couldn't breastfeed, because her baby wouldn't be allowed there in the first place.
The permission to breastfeed in public does NOT imply that a mother is allowed to bring her baby with her everywhere she wants to.
It simple means that she's allowed to breastfeed her baby any location that baby is allowed to be.

A classroom is most likely one of those locations: yes, a mother is allowed to breastfeed in class if she has her baby with, but she wouldn't be allowed to bring her baby with, to the fact that she's allowed to breastfeed is irrelevant.

< Message edited by Ishtarr -- 11/19/2011 11:34:36 AM >


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RE: Breastfeeding In Court? - 11/19/2011 11:35:57 AM   
GreedyTop


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I have said my piece.. (which, after talking to my mom -who, incidentally DID NOT breast feed, since I am an American child of the generation that was lured by the FORMULA bait)
Mom and I agree. the bailiff was outta line, as was the judge.

GIVEN that the info provided from each side was accurate,

and on that note.. I am SO outta here!!!

(well, at least for the moment... *grins*)

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RE: Breastfeeding In Court? - 11/19/2011 11:36:34 AM   
LaTigresse


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I know for a fact that you cannot breast feed children in bars, in Iowa City!!!

Okay.....after a moment of thought. If your breast can stretch out the door to the baby whilst you are still in the bar, I guess technically, you could...

< Message edited by LaTigresse -- 11/19/2011 11:38:32 AM >


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Just because you are well educated, articulate, and can use big, fancy words, properly........does not mean you are right!

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RE: Breastfeeding In Court? - 11/19/2011 11:38:41 AM   
GreedyTop


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well, fuck me running, LaT!! how the hell am I supposed to expose the kid to alcohol and secnd hand smoke??

sheeesh!!

*grins*

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RE: Breastfeeding In Court? - 11/19/2011 11:39:05 AM   
searching4mysir


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quote:

ORIGINAL: xxblushesxx

They don't allow children in the classroom. I don't know what else to tell you.

ETA: he is still teaching.



The law I quoted says nothing about whether or not children are allowed there, only that if the mother is allowed there she can either breastfeed or pump.

If he could get away with banning her child (by saying no children in the classroom), then she would have every legal right to open her blouse, hook up both breasts to a pump, and pump during his class according to the way that law is written.

< Message edited by searching4mysir -- 11/19/2011 11:42:56 AM >

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RE: Breastfeeding In Court? - 11/19/2011 11:42:33 AM   
tazzygirl


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~FR

There is no requirement to go to a bar.

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RE: Breastfeeding In Court? - 11/19/2011 11:44:35 AM   
Ishtarr


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quote:

ORIGINAL: searching4mysir


quote:

ORIGINAL: xxblushesxx

They don't allow children in the classroom. I don't know what else to tell you.

ETA: he is still teaching.



The law I quoted says nothing about children being allowed in the classroom. The only requirement is that the mother be allowed to be there.


It doesn't have to, because if the baby isn't allowed to be in a certain location, the law you quoted simple becomes mute.
The law doesn't imply that the baby is necessarily allowed to go all places the mother is allowed to go.
If that's the case, it would basically imply that mothers are legally allowed to partake in child endangerment behaviors. Because there are many places a mother is allowed to go where kids simple are not, because of safety concerns for the kids.

You're deriving an implication from the law that simple isn't there.

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Du blutest für mein Seelenheil
Ein kleiner Schnitt und du wirst geil
Egal, erlaubt ist, was gefällt

Ich tu' dir weh.
Tut mir nicht Leid!
Das tut dir gut.
Hör wie es schreit!

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RE: Breastfeeding In Court? - 11/19/2011 11:49:21 AM   
searching4mysir


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quote:

ORIGINAL: Ishtarr


quote:

ORIGINAL: searching4mysir


quote:

ORIGINAL: xxblushesxx

They don't allow children in the classroom. I don't know what else to tell you.

ETA: he is still teaching.



The law I quoted says nothing about children being allowed in the classroom. The only requirement is that the mother be allowed to be there.


It doesn't have to, because if the baby isn't allowed to be in a certain location, the law you quoted simple becomes mute.
The law doesn't imply that the baby is necessarily allowed to go all places the mother is allowed to go.
If that's the case, it would basically imply that mothers are legally allowed to partake in child endangerment behaviors. Because there are many places a mother is allowed to go where kids simple are not, because of safety concerns for the kids.

You're deriving an implication from the law that simple isn't there.


A child is endangered by being in a classroom? Are there laws against children in classrooms/lecture halls (as I could see them having against having them in bars)?

Other states have pro-breastfeeding laws that state that both the mother and child must be allowed there under other circumstances (i.e., if the child is allowed in a restaurant when they aren't being breastfed, then they can be breastfed in that restaurant). If KY meant that they both had to be allowed there, then wouldn't the law state that?

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RE: Breastfeeding In Court? - 11/19/2011 11:49:40 AM   
TheFireWithinMe


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How can that be Ishtar, given this part "Notwithstanding any other provision of the law, a mother may breast-feed her baby or express breast milk in any location, public or private, where the mother is
otherwise authorized to be." and the fact she's authorized to be there? It says nothing about it being provided that children are allowed.

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RE: Breastfeeding In Court? - 11/19/2011 11:53:00 AM   
tazzygirl


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no the law doesn't become moot (not mute). The law entitles the mother to breastfeed or pump. If the mother is required to be somewhere, the law states no one can interfere with her need to feed the infant or express milk.

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Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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RE: Breastfeeding In Court? - 11/19/2011 12:38:32 PM   
xxblushesxx


Posts: 9318
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From: Kentucky
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quote:

ORIGINAL: TheFireWithinMe

Then according to what searching4mysir posted he would have no choice in the matter if one of his students chose to breastfeed in his class.


It doesn't say what you think it says. If that were the case, every employer would have to allow their employees to bring their children to work, all schools would have to allow their students to bring their children to work, etc. What it does say is that anyplace that the mother and child are allowed to be, they are allowed to breastfeed. In our state, not every state.

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RE: Breastfeeding In Court? - 11/19/2011 12:40:19 PM   
xxblushesxx


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quote:

ORIGINAL: GreedyTop

well, fuck me running, LaT!! how the hell am I supposed to expose the kid to alcohol and secnd hand smoke??

sheeesh!!

*grins*


Children *are* allowed in bars here, but smoking is prohibited.   Not all laws are created equal...

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RE: Breastfeeding In Court? - 11/19/2011 12:43:28 PM   
tazzygirl


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Oddly enough, the smoking bars here require...

Q. Are taverns with less than 20% food sales allowed to stay smoking establishments?
A. Yes, smoking is unrestricted in establishments that report less than 20% food sales. However, no one under 18 may enter the premises, even momentarily, and appropriate signage must be posted.


http://parestaurant.org/displaycommon.cfm?an=1&subarticlenbr=101

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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RE: Breastfeeding In Court? - 11/19/2011 12:45:55 PM   
Ishtarr


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quote:

ORIGINAL: tazzygirl

no the law doesn't become moot (not mute). The law entitles the mother to breastfeed or pump. If the mother is required to be somewhere, the law states no one can interfere with her need to feed the infant or express milk.



The mother isn't required to be in class.

Are you seriously suggesting that that law implies that mothers are entitled to bring their children to strip clubs?
Or on roller coasters?
Or to nuclear power plants?
Or to a sexshop?
Or to an adult only sauna?
Or to a chemical plant?
Or in a coal mine?
Or in to a restricted hospital ward?

The fact that a mother may be allowed to be in these places does not mean her baby is allowed to be there too, despite the fact that she may be allowed to breastfeed her baby in public places.
Being allowed to breastfeed in public does not in any way shape or form imply that babies are necessarily allowed to be in places they aren't allowed to be to begin with.

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Ich tu' dir weh.
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RE: Breastfeeding In Court? - 11/19/2011 12:47:02 PM   
TheFireWithinMe


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No, it says that anywhere the MOTHER is authorized to be she can breastfeed. It says nothing about the child being allowed to be there.

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RE: Breastfeeding In Court? - 11/19/2011 12:48:47 PM   
Ishtarr


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quote:

ORIGINAL: TheFireWithinMe

No, it says that anywhere the MOTHER is authorized to be she can breastfeed. It says nothing about the child being allowed to be there.



Yes, she's allowed to breastfeed any place she's authorized to be, and she will have a hard time doing that in places her baby isn't allowed to be, because the fact that she's allowed to breastfeed doesn't mean that she's allowed to bring the baby so that she CAN breastfeed.

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Du blutest für mein Seelenheil
Ein kleiner Schnitt und du wirst geil
Egal, erlaubt ist, was gefällt

Ich tu' dir weh.
Tut mir nicht Leid!
Das tut dir gut.
Hör wie es schreit!

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Profile   Post #: 540
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