Divided Doylestown Council Advances Breastfeeding Ordinance

In a rare display of disagreement, Doylestown Borough Council members debated Monday night before voting on a proposed ordinance regarding public breastfeeding.

The nine council members - all Democrats - divided on a vote of 5 - 4 to advertise the new rule; it still will have to return to council at a future meeting for a final approval vote.

Those voting in favor were Det Ansinn, Marlene Pray, Don Berk, Susan Madian and Noni West. Those voting against were Dennis McCauley, Joan Doyle, David Laustsen, and Kevin Kelly.

The ordinance amends the borough's anti-discrimination ordinance to include breastfeeding mothers as a protected class in areas of public accommodation.

The addition would mean nursing mothers who were harassed or asked to cover up or to leave a public place like a shop or restaurant could file a complaint with the borough. The borough's human relations officer would then investigate and, if warranted, bring the parties together to try to resolve the dispute.

Supporters said the local ordinance is needed because the state's "Freedom to Breastfeed" Act does not provide enough legal protection, nor does it give mothers a place to file to complaint if they feel their rights were violated.

The council members who voted against the ordinance said they felt the state law was enough and Doylestown didn't need to enact its own local rule.

Dennis McCauley, council vice president, said that Doylestown business owners want to do the right thing. The borough should work with support groups to educate businesses about breastfeeding, he said, not pass an "unnecessary" ordinance. Mothers who feel a business has violated their rights to breastfeed have other avenues to air their complaints, he said.

"A sidewalk protest by angry moms that makes the front page of The Intelligencer or the homepage of the Patch or goes viral on YouTube will raise a small business owner's sensitivity in a hurry," he said.

Council member Joan Doyle said the ordinance could put business owners in a tough spot, trying to address complaints from other customers about a nursing mother.

"There could be a patron, if not myself, that says to the manager or owner, 'I am uncomfortable, I don’t like witnessing it. And that owner or manager is going to have to make a tough decision," Doyle said. "Does he upset the patron who is there eating in peace, or does he go over to the nursing mother and tell her that she is making someone uncomfortable."

"When the civil rights movement started, there were a lot of people who objected to people of color riding on the same bus with them; it made it uncomfortable for them," countered council member Susan Madian, adding that mothers "need to be able to have that right to breastfeed their child when their child is hungry."

Mayor Libby White, who doesn't vote except in the case of a tie, said she received eight to 10 emails last week from women who "were very, very happy that someone was going to take a stand."

"It’s not so much that they’re going to throw you out" of a public place, White said. "It’s some of your neighbors, some of your friends, other women whom you do not know at all, who, with a glance, with a look, with a whisper, with whatever - we sense those things when someone does not approve."

"Breastfeeding is the reason the human race survived," she continued. "There was no formula until what, 50, 60, 70 years ago. If you didn’t breastfeed you had to find someone who could."

Several audience members also spoke in favor of the ordinance, including a mom who said she hopes it helps make people more comfortable with breastfeeding.

"We moved here in 2006 because it was a family friendly place," said Mary Jane Harris. "I breastfed my daughter and just thought it was natural and accepted. I appreciate this conversation because we need that education."

With Monday's vote, the new ordinance will now be advertised and the public will have time to comment on it before it returns to council for final approval.

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