Breastfeeding in Public: A Timeline
Breastfeeding a baby in public has never been illegal. It was just unprotected. People could tell mothers they weren't “allowed” to breastfeed their babies in various spaces outside their home and women had to accept it. Until they didn't.
In Australia, protection for breastfeeding was included under State and Federal Anti-discrimination Acts. Women around the country lobbied their parliaments to specifically include breastfeeding, which they did, using a variety of descriptions:
You would expect this collectively brought an end to any confusion but incidents of discrimination continue to appear in the media and in the day to day lives of families. The common theme is that it is breaking some presumed rule or law or is somehow inappropriate or dangerous for the baby.
Babies breastfeed a lot. Like, really a lot! Condemning mothers to only breastfeed at home or is designated spaces is impractical and discrimination. Babies get to #eatinpublic, just like children and adults.
Since the 1980s, I have followed media coverage of breastfeeding in public here in Australia and overseas. The stories tend to come in similar installments:
The outrage
The apology
The opinions
The protest
For some reason, the second point rarely gets the coverage the others do and so the message retained by the masses is "the mother was wrong" - even when relevant laws, company policies and other facts are highlighted.
Here I have gathered some key stories:
1998 - A pivotal moment in breastfeeding history was not something Jane expected when she sat down in the food court at Crown in Melbourne on New Year’s Eve:
Midwife Jane Gately-Leggett was embarrassed when a security guard asked her to stop breastfeeding in the Crown food court. She couldn't settle her son, Guy, then four months old, at lunchtime last New Year's Eve, So
she began to nurse him. A security guard told her someone had complained and asked her to move to a baby-changing area. "I was intimidated and very embarrassed," said Mrs Gately-Leggett who was visiting from Winton in Queensland. She said she supported a Bill that guaranteed a mother's right to breastfeed in any place she was
legally entitled to be. At the time, Crown said it had a policy of not discriminating against anyone. A spokeswoman
also said Crown had excellent baby-change facilities, though mothers did not have to use them.Herald-Sun April 6th 1998
Public attention to this incident was significant, leading to press coverage and protest action by mothers. State Premier at the time, Jeffrey Kennett (Liberal), fueled the fire with some ill-thought out comments which led to more outrage:
How could breastfeeding offend, a journalist asked. "When you are going about it deliberately to try and offend people in the environment," Mr Kennett fumed.
"For instance, if you had a group of women (who) occupied all the public places in Parliament to prove the point and they breastfed, I think that is distasteful. It is deliberately designed to offend and it is not part of the normal, nurturing relationship between a mother and a child. You should not be trying to forcefeed," he said.
Labor MP Christine Campbell was moved to introduce an Equal Opportunity (Breastfeeding) Amendment Bill into parliament, arguing that the act needed to specify “breastfeeding mothers”, rather than imply protection by “parental status” and sex. The Kennett Government blocked the Bill.
It took two more years but in 2000 the Equal Opportunity (Breastfeeding) Act was Amended to explicitly include breastfeeding and the expression of breastmilk.
Breastfeeding In Public Swimming Pools
A precedent regarding this was set in 2011 when a mother’s complaint was conciliated by the Human Rights Commission. In this case, the management of the public pool issued the mother an apology, undertook appropriate training for their staff and changed their policy and practice in this area.
2011 Wet’n’Wild theme park in Queensland
"I'd gone past the lifeguards a fair few times, then out of the blue one of the male staff members said, 'You can't breastfeed here'. I was in shock and I looked around at him and said, 'Are you serious?'," Ms Lang said. She continued breastfeeding but was again asked to stop by a female lifeguard.”
Outcome: Apology: Wet'n'Wild spokeswoman Renee Soutar said women are "absolutely" welcome to breastfeed in the park. "We have never experienced a guest breast-feeding while riding one of our rides (the Calypso Beach attraction) before and so the lifeguards asked Ms Lang to stop breastfeeding as they felt it may have been a safety risk to her and her baby. Staff are to be given training and we are very sorry for any inconvenience to Ms Lang," she said.
2013 Bribie Island, Queensland, Australia
“… was at the Bribie Island Aquatic Centre with her three children over the weekend when she was told to cover up or move while breastfeeding her 11-month old daughter.”
Outcome: Apology: A Moreton Bay Regional Council spokesman said the council had apologised to Ms Webster and the children’s father. “Staff acted with good intentions and in response to a complaint from a patron concerned about a child being breastfed in the pool,” he said.
“Pool staff have been reminded that under state legislation mothers can breastfeed in any place and at any time, including while immersed in a public swimming pool. Nursing mothers are entitled to make their views known, as are all citizens of our great democracy.”
Commentary: Sunrise presenter David Koch has found himself the target of indignant women across Australia after adverse comments about public breastfeeding he made” … breastfeeding at a public pool, Koch said it was ''fair enough'' that an attendant had asked her to move. He later tweeted that, while agreeing with the legal right of mothers to breastfeed in public, doing it discreetly was a ''common courtesy to others''. And he said on Sunrise: ''I've never seen it done in such a high-traffic area.'' About 100 breastfeeding mothers gathered in protest outside the Sunrise studios later that week.
2014 Frankston, Victoria, Australia (My own daughter was told she couldn’t breastfeed her baby while I was present!)
“… had been breastfeeding in the pool and while it was okay in the Centre, it was against the rules in the water.”
Outcome: Apology: “ … just wanted to let you know his duty manager who raised concerns was from New Zealand and hadn't yet been briefed about breast feeding in pools in Australia. X apologised that a member of his team questioned you and next time you visit … , X would be happy to meet with you and use any literature you may have to assist training his team on this topic."
2014 Mornington Peninsula, Victoria, Australia (I was again present for this one!)
A staff member approached the group, in the pool immediately outside the change rooms and said if they wanted to breastfeed, they must sit on the side of the pool. Although all knew their legal rights under anti-discrimination law, we chose not to spoil our day and around 6 mothers with their babies at the breast did as instructed. They were embarrassed and they and their babies were chilled by being out of the water for the remainder of the feed.
Outcome: Apology: “We do welcome families to visit Peninsula Hot Springs, and we are aware of the rights of breastfeeding mothers as you have experienced on previous visits with your daughter. As you have mentioned most of our staff tried to ensure that your group enjoyed your visit, as they do with all guests that enter the facility. Unfortunately one of our brand new pool attendants spoke with your group as she was concerned about the temperature of the water for the baby while breastfeeding, as she was under the impression that babies are unable to regulate their body temperature while breastfeeding. Her manager has spoken with her today to ensure she is aware of the policies. The manager will be readdressing her entire team to ensure that all of the team members are aware of the policies, no guests is made to feel uncomfortable during their visit.”
2019 Newcastle, New South Wales
“The lifeguard, a young female, asked me to leave because they don’t want milk getting in the pool and because my 10-month-old son might vomit in the pool,” she said.
Outcome: No Comment: “Lakeside Leisure Centre management confirmed to Yahoo7 they were investigating the complaint, however could not respond to questions about the centre’s breastfeeding policy.”
2003 Melbourne, Victoria
Victorian Labor MP Kirstie Marshall, a new mother, was asked to leave State Parliament for breastfeeding her 11-day-old daughter. During her first parliamentary question time, Marshall and her baby were ejected from Parliament by the serjeant-at-arms, citing a rule that bars "strangers" or unelected members from being in the house. Marshall, who had arrived at Parliament just as the session was starting, admitted that she instinctively breastfed her daughter. Her removal sparked a significant debate about the rights of babies and women returning to work, despite Marshall acknowledging the fairness of the parliamentary rules.
Outcome: Change: “The breastfeeding incident in the Victorian Legislative Assembly led to a review of the standing orders on visitors in the Senate by the Procedure Committee. It was considered that a similar incident ‘could well arise now that there are young women senators’. The Committee recommended that access to the chamber floor be allowed ‘in respect of a senator breastfeeding an infant’.Arguments against the proposal were not canvassed in the Committee’s report. The proposed standing order 175(3) was considered and agreed to by the Senate on 13 May 2003 without a formal division or public debate.65 It appears that the provision is rarely used.”
Breastfeeding in Art Galleries
2017 National Gallery of Australia, Canberra:
"Basically [the guard] said there was a parents' room downstairs and I should use that. "He was not rude or anything, but he was quite stern. It was very clear that it was an issue of decency and modesty." The guard agreed to let her continue feeding when she covered up by draping a piece of clothing over her shoulders. "I put a wrap over my shoulders and he left me alone," she said. "I was shocked. I was basically shamed into covering up. Following the incident, Mrs Rea asked staff on the front desk to explain the gallery's breastfeeding policy. "They initially said you can breastfeed in the foyer or in the parents' room, but we'd prefer it in the parents' room. "They made it seem like breastfeeding fell under the food and beverage policy. It was a food and beverage issue because of the potential for milk spills."
Outcome: Apology: National Gallery of Australia deputy director Kirsten Paisley apologised for the incident and said mothers can feed in the gallery anywhere, any time. The National Gallery was in contact with Mrs Rea on Friday afternoon to apologise in person, and have addressed staff to ensure the gallery will support breastfeeding in the gallery. "We're sorry this has happened to Christie," she said. "The NGA supports breastfeeding and all mothers are welcome to feed their babies at any time and anywhere in the gallery. "We are working with all our security and front-of-house staff to ensure adherence to the NGA's policy in respect of this matter. "I would like to express my sincere regret to Christie in person."
Breastfeeding on Television
2003, Melbourne, Victoria
The Panel, a chat show on Australian television, showed television personality Kate Langbroek, breastfeeding her son Louis live on air. It had not been a premeditated plan, but rather something that happened by chance. Ms Langbroek was visiting the show as a special guest six weeks after giving birth to Louis. Whilst the show was airing, her son was crying for a feed, so his carer brought him to her on set whilst the show was live to air.
Outcome: Debate: A Network Ten spokeswoman said the station had received about 10 calls, all of them supportive of Langbroek. However, the court of public opinion was soon in session with Sydney and Melbourne radio talk show hosts criticising the entertainer and igniting a public debate. Radio station 2UE afternoon presenter Steve Price said Langbroek should not have brought her baby to work and breastfed on air.
Breastfeeding in Food Courts, Restaurants and Cafes
1985 Criterion Hotel, Melbourne.
The Equal Opportunity Board ruled yesterday that a mother of four who was asked not to breast-feed her child in a hotel dining room last September had been discriminated against. In a majority decision, the board found that Mrs Rita Whitehead, 31, of Geelong, had been discriminated against by the manager of the Criterion Hotel, Miss Catherine Moon, who had "taken exception" to the breastfeeding. The board found that Miss Moon's actions had led to Mrs Whitehead "not receiving the service other customers would have received".
2009 Hyatt Regency, Western Australia
“Ms Crabtree explained that she and her seven month old had been in the “Cafe” buffet eatery at the Hyatt when Taj became hungry. Ms Crabtree asked whether she could move to a quieter, unpopulated area of the restaurant to feed the baby. She was told to leave. WA is the only place in Australia that protects the right of a restauranteur to evict women and children for breastfeeding.”
Outcome: Debate Liberal Premier Colin Barnett promptly ruled out considering the clarification of anti-discrimination laws to include breastfeeding, saying that women should use courtesy and feed in a discreet, “modern” way. The Opposition plans to introduce a private member's bill which will enshrine in legislation the right of mothers to breastfeed in public. Opposition spokeswoman for women's interests Michelle Roberts has taken up the mantle after breastfeeding mothers protested last week about the lack of legislated protections for women who breastfeed.
Outcome: Change The Liberal Party has bowed to pressure and will support a bill aimed at protecting breastfeeding mothers from discrimination. The Attorney-General last week told Parliament the government would not support the Opposition's private members bill because the protection for women was already enshrined in law.
However, after an emotional debate the government backed down and adjourned the matter so it could be discussed in the Liberal Party room today. The Minister for Womens Interests Robyn McSweeney has told a rally of about 40 breastfeeding mothers outside State Parliament that the bill now has the government's support. "What we will also do is work with the hospitality industry to make them aware, to raise awareness amongst staff," she said.
2010 Bunbury, Western Australia
"We were sitting and waiting for our lunch, I was with my mother, sister and a couple of friends and I was not going to go and sit in the car - it was too hot, they didn't have a mothers' room and I refuse to go into the toilet to feed my son," she said. "I had covered myself with a blanket and had almost finished feeding Oscar, when a man came over and said, 'don't you think you should go somewhere else to do that?'."
2012 Dandenong, Victoria
“she was left “astonished” this month when a staff member at Cloud Cafe asked her to leave for “exposing” herself while feeding her daughter Sophia at a table.” “It was my first time at Cloud Café. I have been at other cafes who have welcomed breastfeeding and it had always been a relaxing experience. Being asked to leave and then told by the 2IC (of which he referred to himself) that breastfeeding is illegal was not something I expected, especially from a café. When I informed him it was not illegal, he said that I had entered a private café and that I should be ashamed for ‘exposing’ myself .these words hit a deep chord.
Outcome: Upheld: “KEYSBOROUGH mother Kalyan Ky, who was ejected from a Dandenong cafe for breastfeeding her daughter, has had her case accepted by the Human Rights Commission. Last October, the Journal reported that Ms Ky raised a complaint when staff at the Cloud Cafe in Dandenong Plaza asked her to leave after breastfeeding her daughter Sophia. Ms Ky said the “humiliating” experience was worth making a stand for. The commission will now conciliate between Ms Ky and the cafe owners, who she said have owned up to being “in the wrong”. She is still seeking an apology and a donation to the Australian Breastfeeding Association.
Standing proud: Yvette O'Dowd with Kalyan Ky and her daughter Sophia. Picture: Ted Kloszynski
2013 Satellite Cafe in Sydney
“the manager asked that mum … stop breastfeeding in the cafe on Saturday afternoon. "I was shocked by this request, I was just peacefully breastfeeding my baby. When I asserted my legal right to breastfeed anywhere, anytime, the manager became very rude. She told me that breastfeeding is 'disgusting’ and 'it’s offensive to humanity’,’ Ms Matthews said.
Outcome: Statement: “ … said she had not told customer Regan Matthews that breastfeeding in public was "an offence to humanity", as was quoted, but admitted to asking her to stop nursing her nine-month-old son on Saturday. "My comment about humanity was that 'humanity has rights' when they tried to tell me business owners don't have any rights, which I think is a real insult, to be honest," she said.
2015 Rockhampton, Queensland
JESSICA-Anne Allen has always wanted her cafe to be a space where mothers can relax and feel comfortable bringing their children.But yesterday morning she was left "angry and appalled" to hear a customer ask a mother to stop breastfeeding her baby in the cafe courtyard. Jessica said the man had ordered a coffee and taken his paper out in the courtyard where the mother and her friends were sitting. She said he came back inside and requested Jessica ask the young mother to cover up. Jessica told the man the cafe welcomed breastfeeding mothers and said he "didn't seem phased" as he returned to the courtyard. When Jessica took the man's order outside, she heard he had taken matters into his own hands and asked the woman to stop himself. Jessica said she apologised to the mother and asked the man to leave. "I was really angry and appalled that someone would try and dictate someone else's behaviour, especially feeding a hild," she said. "It took me a little while to calm down because I just thought 'how dare someone have the audacity, not just to judge someone, but tell them how to behave in public'."
Outcome: Support While she was overwhelmed by the response, she wasn't surprised people were talking about the issue. "One of the reasons I put it out there on Facebook is that I would hate for (the mother) to go and buy a shawl and to cover up from now on because of something that happened here," Jessica said. "It really is unacceptable."
2016 Bendigo food court:
‘… was sitting in the food court eating her lunch, when she began breastfeeding her son. Multiple people complained to her, before a shopping mall employee asked her to use the mother's room.’
Outcome: Apology: “taking necessary steps to ensure all our staff and contractors are aware that we support a mother’s right to breastfeed her children at our centre whether in the parents’ room or in a location of their choice.”
“We regret that a member of our community experienced any discomfort or embarrassment while shopping with us and we apologise to the mother concerned.”
2019 Melbourne. Victoria
“ … had barely begun feeding four-and-a-half-month-old Archie when she heard yelling behind her.“I turned around to see what the hell they were yelling at. It wasn't until I turned back, I realised, he was yelling at me,” she said, describing the ordeal on Facebook.“I then heard him say, ‘You[’re] disgusting, that's disgusting, cover your tits’”
Outcome: Support: “To these amazing women who supported me, and one lovely gentlem[a]n, thank you, from the bottom of my heart. You are the reason I will continue to feed uncovered in public!” The cafe’s staff were similarly shocked by the incident and afterwards showed her their support.
Breastfeeding in Shopping Centre and Stores
2015 Kmart Cairns, Queensland, Australia
a young mother said she was told it was “unhygienic” to be breastfeeding her child in the changing rooms.
Outcome: Unknown
2017 Kmart Cairns, Queensland, Australia
“ a shopper was told to "cover up or leave" by a male staff member. The Cairns mum was told it was "offensive" to other shoppers. The staff member said it was against company policy to allow breastfeeding in the store.”
Outcome: Apology: “A spokeswoman for Kmart said they were “concerned” to learn of the customer’s experience and have asked the woman to contact them directly. “Kmart sincerely apologises for this situation,” she said.”
2018 Unnamed clothing store in Werribee
“ … was dress shopping last Thursday when her four-month-old baby started crying. As she began to feed her, she became embroiled in a confrontation with a staff member. “She said, ‘sorry, I can’t allow you to breastfeed in the store, men walk into this shop as well,” Gizam said.
Outcome: Statement: In a statement to 7 News, the shop owner said the breastfeeding mother “was in an open space and was not asked to move. “We just wanted to make her feel more comfortable.”
2020 Sydney, Australia Following a social media post and subsequent media attention, Triple M’s morning host Lawrence Mooney suggested if a child was old enough to ask to be fed it shouldn’t be breastfed.
Mother of three Sarah Mills was labelled a child abuser, paedophile and whore when she posted on Facebook a photo of a breastfeeding session with her toddler in a NSW Target store earlier this month. When Sydney radio personality Lawrence ‘Moonman’ Mooney publicly added to the cacophony of criticism, the Coffs Harbour mum decided she had had enough.
Outcome: Statement “Mills said she repeatedly called the show’s producers to request the opportunity to defend her actions and put her case for why women should be free to feed their children as needed, but the requests were denied. A group of Sydney mothers fed up with being shamed for feeding their children in public took their protest to Triple M on Thursday. But after about 10 of the women began their ‘nurse-in’ outside the Sydney headquarters of the radio station, the building’s management called police. The mother of three told 7NEWS.com.au the radio station was welcoming towards the demonstrating mums and finally gave Mills what she wanted - the opportunity to put her side of the story across on live radio. But the building’s owner, multinational developer Brookfield, called police. “Three officers showed up after the building’s manager called security and tried to move us on,” Mills said, describing the actions as unnecessary and heavy handed. Mills said Mooney and the breakfast show’s team agreed on air that mothers should be supported and encouraged to breastfeed their children.”
2021 Pacific Fair, Gold Coast, Queensland, shopping centre:
“I had a woman almost running over to me ... and suggested I use the parents’ room,” she told 7NEWS this week.
“She then went on to say, ‘you can change the baby’s nappy in the facility and there’s also hot water and milk powder you can use instead of using your body to feed your child’. “She said, ‘if you’re not going to move on from this part of Pacific Fair, I’m going to have to ask you to because this is a high-end part of the shops’.”
Outcome: Statement/Apology: A Pacific Fair spokesman claimed the interaction was a “misunderstanding” and Laverty wasn’t being asked to leave the area, but was rather being informed of her options. He also apologised to her and said breastfeeding mums have always been welcome at the shopping centre.
Breastfeeding in Courtrooms
2023 County Court, Melbourne:
A Victorian judge who has been criticised for ejecting a breastfeeding mother and her baby from his courtroom has described his actions as “self-explanatory”. The woman was feeding her baby while observing a trial in Melbourne’s county court on Thursday when the judge addressed her directly, saying she was not permitted to breastfeed in court because it was a distraction.
Outcome: Debate: The Victorian Greens have called on the Victorian Government to amend the Equal Opportunity Act to prevent discrimination against breastfeeding women in all public places, including public areas of courts.
The Greens say the Government must amend the Equal Opportunity Act and make it explicit that people cannot be discriminated against for breastfeeding in public areas of courts and all other public places in Victoria.
Deputy Leader of the Victorian Greens, Ellen Sandell, said that if the Victorian Government didn’t fix the loophole, the Greens would bring their own bill to Parliament.
Breastfeeding on Public Transport
1993 Perth, Western Australia
“began discreetly feeding Katelyn on the near-empty bus when the 18-day old girl began crying. The driver stopped the bus and asked her to get off, she said. She said she queried why and was told it was because she was breastfeeding”
Outcome: Investigation: Transperth officials said yester-day they were investigating the incident. Spokesman Ted Hussey said a statement had been taken from Miss Franklin and the bus driver would also be interviewed.
Mr Hussey said the authority had no specific policy on breastfeeding, but there was a regulation dealing with offensive behaviour. Until the investigation was fin-ished no comment could be made on the incident, he said.
2009 Tiger Airways, flight between Gold Coast, Queensland and Melbourne, Victoria
A MELBOURNE mother says she was left in tears after a Tiger Airways flight attendant repeatedly asked her to hide her breastfeeding baby from other passengers on a flight earlier this month. Mrs Ward said she told the attendant that she had a right to breastfeed, but was asked again to cover her baby because a man seated near her ''might not like to see it''. ''I said to [the man], 'Does this offend you?' and he said, 'No, not at all.' [The flight attendant] said, 'Well, people walking down the aisle might not like it.' '' The mother of two said she felt embarrassed and humiliated after the incident.
Outcome: Apology: “A spokeswoman for Tiger Airways said the airline had reviewed the incident and planned to apologise to Mrs Ward for the error. The flight attendant had been disciplined and informed of a new policy as a result of the complaint. ''All relevant staff will undergo training immediately to ensure this situation does not occur again.''“
Continue Reading: Breastfeeding In Public: Activism - Protests, Nurse-ins, Breastfests and Photo Shoots
