Advocates for infant breastfeeding are disappointed with the defeat of legislation they say is needed to support nursing mothers.

House Bill 1330, rejected 32-61 by the North Dakota House Feb. 12, would have removed “discreet and modest” from language in state law giving women the ability to breastfeed in public without legal repercussion. Indecency laws typically carry a penalty of up to a year in jail and/or a $3,000 fine. The proposed wording simply stated an individual may breastfeed in any location, public or private. Attempting to prohibit an individual from breastfeeding would have been an infraction, subject to up to a $1,000 fine.

“A revision in language would have shown active support to breastfeeding mothers and an appreciation of their efforts to take care of their children. This would have gone beyond the law begrudgingly tolerating breastfeeding,” stated Bosom Buddies, a Minot support group for breast-feeding mothers, in a joint release by members.

Minot’s delegation cast its eight votes against the bill.

“The bill would have made it an offense worthy of a fine for a business owner who asked a women to be more discrete when breastfeeding. Current law protects a woman’s right to breastfeed in a discrete and reasonable manner,” Rep. Dan Ruby said.

“The bill came to us because a woman blatantly pushed the envelope in a Fargo restaurant to, in my mind, make a statement and give negative press to the restaurant. After the female manager asked to be more modest the lady made a huge deal of the situation. The manager later apologized but the woman wasn’t satisfied,” Ruby said. “Many in my family have and do breastfeed and we all recognize it as natural and healthy. I encouraged and supported my wife when she breastfed our children. It is protected in law, as it should be, but does not need a new penalty resulting from an incident that was manufactured for a personal agenda.”

Other legislators took a similar view of the bill.

“The current and simple practice of using a cover to be discreet has served parents, their babies and the public well in our state. Changing the law for all at the request of a few self-proclaimed activists to make a statement did not seem appropriate,” Rep. Scott Louser said.

“I voted no because the existing law creates the balance of the rights of the business owner and the rights of a woman to breastfeed,” Rep. Matt Ruby said. “Existing law clearly states that a woman has the right to breastfeed in any public or private place, and that is enough in my opinion.”

Rep. Jeff Hoverson questioned why some women want a bill that deletes modesty and fines businesses.

“It’s not about public breastfeeding or no public breastfeeding but about the wording leaving it up to subjective judgment if a mother is doing it ‘right,'” Bosom Buddies members stated in their response to the bill’s defeat. ” This new language would have imposed a regulation on businesses and infringed their liberty to remove a nursing mom based on subjective judgments. As nursing mothers, we are asking to have our own liberty to feed our children as we need to, when and where we need, to protect from those subjective judgments.

Laureen Klein, a registered nurse and lactation educator with Trinity Health, issued a statement stating she and other breastfeeding advocates were hopeful the Legislature would clear up wording in the current law that puts a breastfeeding mom at legal risk.

“The words ‘modest and discreet’ are open to interpretation,” she said. “If a baby unlatches or makes a movement that causes a blanket to fall, the mother can be open to someone complaining or even calling the police.”

She expects advocates will be back in two years seeking similar relief.

Bosom Buddies members argue a culture that actively supports breastfeeding can reduce stress for new mothers and reduce medical costs for post-partum depression and anxiety. When mothers cannot feel comfortable about feeding their infants, they are less likely to leave the protection of their homes, leading to isolation.

The group also noted bathrooms aren’t the most sanitary for breastfeeding. Nor is it practical in North Dakota’s rural areas to “just run home and nurse the baby” because of travel distances and the logistics involved in traveling anywhere with an infant.

“It seems to me that North Dakota is very small-business friendly,” a member stated. “However, it is doubtful the same can be said for new motherhood in this state. We believe when we support and strengthen mothers, we support and strengthen our communities.”