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Heather. What would you say about a 'classroom' such as a chemistry or biological lab where it is just unsafe for a baby to be?

quote:

ORIGINAL: HeatherMcLeather

It is poorly written, but if a challenge based on the way it is written does not succeed, then the law is a joke, and by extension, so are all other laws. Why bother writing them down if the wording is just going to be ignored when it proves inconvenient?

Edit: To clarify

quote:

If the lady wants to breastfeed while on a roller-coaster, does the park have to allow the baby on, even though the risks are enormous?

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If the lady wants to breastfeed while on a roller-coaster, does the park have to allow the baby on, even though the risks are enormous?

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ORIGINAL: xxblushesxx


Yes, a school absolutely can forbid children. If they forbid children in the classroom, the lady can still express milk, but not breastfeed because there are no children allowed.

Just as an employer can tell you no children allowed. It may be written funny, but the law can't force schools to allow children, nor employers to do so either.

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.

quote:

ORIGINAL: HeatherMcLeather

quote:

If the lady wants to breastfeed while on a roller-coaster, does the park have to allow the baby on, even though the risks are enormous?

According to the way the law is written, yes, as long as she is authorized to be there. Look, I know its stupid, but it is what it is, and you can't just rewrite a law on the fly. There is a procedure for doing so, and like I said, if you ignore that then all laws are rendered pointless.

You are right that some laws need to be changed, and some should just be thrown out altogether, but the courts are bound by the wording of the law as it stands.

quote:

ORIGINAL: searching4mysir

quote:

ORIGINAL: xxblushesxx


Yes, a school absolutely can forbid children. If they forbid children in the classroom, the lady can still express milk, but not breastfeed because there are no children allowed.

Just as an employer can tell you no children allowed. It may be written funny, but the law can't force schools to allow children, nor employers to do so either.

How so when a school/employer cannot make law? Here is the law that I'm speaking of:

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.

This seems to say that unless the LAW says the child cannot be present, the mother may breastfeed wherever and whenever they choose as long as SHE is allowed to be there. This would encompass bars, for example where it is illegal for a child to be present (and not just the bar's policy).

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Not according to the way the Kentucky law is worded. It only specifies that the mother be allowed to be there, and then further says that its illegal to interfere with her breastfeeding, so based on the wording, it would be illegal for the Prof to try stop her from bringing her child into the class to breastfeed it. The child may not be allowed in the room before nursing, and may have to leave immediately afterwards, but he can't prevent her from bringing the child into the class to breastfeed it, that would be interfering, which is prohibited.

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It does not state the professor must allow her to do so in the classroom. He must allow her to leave to do so. That would not be interfering with the act.

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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.

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It stands to reason a woman's authorization to ride a ride would be revoked if she was breaking a rule of the park to ride the ride.  Which means, she would not be authorized to be on the ride with a child.  The mothers authorization to ride so to speak is taken away if she attempts to ride while breaking a rule of the park.

This too would seem to be a very good point, but again, because of the specific wording, it wouldn't be applicable. in this case the operative word is the "otherwise". If she would be authorized without the breastfeeding or baby issue, then it is illegal to interfere. If she is allowed to be there without a baby <otherwise authorized to be>, then she is allowed to breastfeed.

I think the really important thing that can be drawn from this little bit of the thread is that lawmakers really should submit the proposed wordings of a law to CM for nit picking and hole finding.