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The committee on Public Health to whom was referred the petition (accompanied by petition, Senate, No. 78), relative relative to the public health benefits of breastfeeding, reported, recommending that the same ought to pass, with an amendment substituting a new draft entitled An Act to promote breastfeeding (Senate, No. 2438). Susan C. Fargo, |
Be it enacted by the Senate and House of
Representatives in General Court assembled,
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.
(f) A place of religious instruction or worship shall not be subject to this section.
