Airlines Lose Bid To Drop Breast-Feeding Case

[sksguns]

http://www.thebostonchannel.com/news/11688209/detail.html




Airlines Lose Bid To Drop Breast-Feeding Case
Mother Thrown Off Flight

POSTED: 6:39 am EDT April 12, 2007
UPDATED: 7:07 am EDT April 12, 2007

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MONTPELIER, Vt. -- The state Human Rights Commission has denied a request by two airlines that it dismiss a complaint from a mother who was thrown off a flight out of Burlington after breast-feeding her baby.

Freedom Airlines, operating a commuter flight for Delta Air Lines, became the target of controversy last October when a flight attendant had a gate agent order Emily Gillette of New Mexico off the plane, which was about to take off from Burlington International Airport.

Freedom said at the time that Gillette had been offered a blanket to cover up but refused it.


The airlines said in filings at the commission that Gillette was invited back onto the plane, but refused. Gillette maintains she was not given permission to reboard.

Freedom argued to the commission that federal laws governing airlines pre-empt the state anti-discrimination complaint. Delta made the same point, and also argued that it was not responsible, since the flight attendant who ejected Gillette was not a Delta employee.

Robert Appel, executive director of the commission, denied the request to dismiss the complaint, saying the federal laws governing airlines do not pre-empt Vermont's Public Accommodations Act.

"In our view, there is not even a close case of pre-emption," Appel wrote.

He cited a Vermont Supreme Court case in which the justices determined that Act 250, Vermont's development-control law, did not conflict with the Airlines Deregulation Act. That ruling came after the owner of a private airport appealed a decision by the state Environmental Board.

Elizabeth Boepple, Gillette's lawyer, expressed surprise that the airlines were continuing to fight the case, given that both Delta and Freedom have said it is their policy to allow breast-feeding on planes.

"They could have taken the opportunity to say what happened is wrong and was really a significant mistake on the part of an airline employee," Boepple said.

She said that would be the proper response to Gillette and other potential breast-feeding passengers, "not to mention the benefit to other passengers -- you want a screaming baby or a nursing child?"

Freedom and its parent company, Mesa Air Group, said in commission filings that Freedom employees had received a refresher on the policy allowing passengers to breast-feed.

The Human Rights Commission arrives at a decision in such cases on whether there is reason to believe discrimination occurred. If so, it urges the parties to reach a settlement. If no settlement can be reached, the commission can represent the complaining party in a civil court suit.

 

[sksguns]

She was asked to cover up and didn't comply. She was asked to leave the flight and then invited back on. She claims she was never invited back on.

I'll reserve my opinion for fear of persecution, however it will be interesting to see what others think of this situation.

 

[TomH]

She should have the right to feed her baby wherever she wants to. A flight can be long, and it would be necessary to do that at some point during most likely. People still treat breast feeding like it is perversion or something, it's ridiculous.

 

[Chris]

Maybe if she called them all Nappy-Headed Ho's......

 

[Wingwiper]

I don't think breasts are bad to look at, why cover them?

On a serious note, she was being a Mother and has our society gotten so far from the basic path? We proscute them if they punish their children and now we prosecute them for feeding them. It is WE who are mixed up. I don't think the Airline should be held accountable but the attendant sure should be.

 

[Admin]

People still treat breast feeding like it is perversion or something, it's ridiculous.

I agree. However, she was asked to cover up. She didn't pump before going on. She doesn't have the right to fly on a private air carrier.

I have no problem with the Airlines kicking her off, and my boys were breast feed...

 

[Wingwiper]

She was doing a NATURAL THING, something that has been done since the creation of mankind and how can it be looked at with shame? Why should she have to pump first? why should she have to cover? My wife breast fed and did so in resturants as well, no shame, just a lot of love. I see nothing wrong with what she did.
In New York State a woman is allowed to have exposed breasts and it is no longer deemed as Indecent. Why is a Mother breast feedinga child indecent in any way?

 

[sksguns]

a NATURAL THING, something that has been done since the creation of mankind and how can it be looked at with shame?

So is taking a dump.....but we have restrooms for that. Work places have lactation lounges....

I'm not taking a side...just pointing out a fact.

 

[dwarven1]

She was asked to cover up and didn't comply. The airline claims she was asked to leave the flight and then invited back on. She claims she was never invited back on.

There; I fixed it for you. I find it somewhat disturbing that you'll take the airline's word as to what happened but not the woman's.

I agree. However, she was asked to cover up. She didn't pump before going on. She doesn't have the right to fly on a private air carrier.

Perhaps she didn't want the blanket over her child's face? And doesn't her purchasing the fare entitle her to fly? Does it say "no nursing mothers allowed" on the ticket?

For G-d's sake, who cares? Anyone who's offended by the sight of a nursing mother has several screws loose, IMO. Frankly, having been stuck in a crowded plane with cranky babies on board, I agree with the lawyer - I'd prefer a nursing baby than a hungry and noisy one!

 

[Admin]

You're right Ross the .gov should not allow private companies to make their own decisions on the clients they decide to serve...

 

[sksguns]

There; I fixed it for you. I find it somewhat disturbing that you'll take the airline's word as to what happened but not the woman's.

Thanks. I apologize for the oversight. I'm not posting my opinion and I'm not saying what side I'm on...

 

[Admin]

For G-d's sake, who cares? Anyone who's offended by the sight of a nursing mother has several screws loose, IMO. Frankly, having been stuck in a crowded plane with cranky babies on board, I agree with the lawyer - I'd prefer a nursing baby than a hungry and noisy one!

Maybe the sucking, farting, and shitting nose was making someone sick. I dont know coach is pretty crowded...

Like I said it's not hard to pump milk... God forbid you be considerate of others... We all know the world revolves around one person...

 

[reinbeau]

There; I fixed it for you. I find it somewhat disturbing that you'll take the airline's word as to what happened but not the woman's.

Doesn't surprise me a bit

As for breastfeeding in public, it amazes me that so many take offense to it. They're not there for mens' edification, they are there to 1) attract a man (it's a natural fact) and 2) feed a child. Each should be as acceptable as the other.

 

[sksguns]

Maybe the sucking, farting, and shitting nose was making someone sick. I dont know coach is pretty crowded...

Like I said it's not hard to pump milk... God forbid you be considerate of others... We all know the world revolves around one person...

Kids do that anyway...and it's way worse when they start whole foods....lmao!!!!!!

I swear that my three year old daughter farts teargas. I've had to open the door to air out the house. She is horrible.... And then she blames her sister....

"I didn't do it......it was -----" What a nut!!!!

 

[dwarven1]

You're right Ross the .gov should not allow private companies to make their own decisions on the clients they decide to serve...

Not once the private company has taken a LOT of money from the customer and made them jump through about 100 different hoops, they shouldn't. I knew you'd agree with me, Derek.

Seriously, is it so hard for them to say up front that they don't allow nursing mothers? And since they claim that their policy is to ALLOW nursing mothers, then there's no problem, is there? Or did you miss that part?

 

[C-pher]

My kids were breast fed. And we flew. But, my wife also covered up...as she did in the mall, the zoo, the car, or anywhere else that she had to stop because the baby was hungry.

If we knew that she wasn't going to be able to feed, we pumped.


That being said. Just because she wanted to expose herself on the plane while she fed the child...why does everyone else have to be forced to see it?

Just because it's natural, does that mean that EVERYONE has to NOT find it objectionable?

Having sex is natural, but I can bet that there are TONS of people that find porn objectionable.

 

[Jay G]

Having sex is natural, but I can bet that there are TONS of people that find porn objectionable.

Depends on who's involved...

 

[dwarven1]

I swear that my three year old daughter farts teargas. I've had to open the door to air out the house. She is horrible.... And then she blames her sister....

"I didn't do it......it was -----" What a nut!!!!

Oh, man... remind me not to get on the same flight as you and your daughter!

 

[dwarven1]

I can bet that there are TONS of people that find porn objectionable.

check their computers and their bathrooms before you settle that bet.

 

[sksguns]

Oh, man... remind me not to get on the same flight as you and your daughter!

lol...what makes you think I want to get on the same flight with her? I know what she's like. Totally, totally horrible...and she's so tiny.....lmao!!!!

 

[Admin]

As for breastfeeding in public, it amazes me that so many take offense to it. They're not there for mens' edification, they are there to 1) attract a man (it's a natural fact) and 2) feed a child. Each should be as acceptable as the other.

Ann,

Come on... There is nothing wrong with breast feeding in public. But some people might take offense to being stuck next to and litterally touching some fat woman breast feeding a child that is farting, spitting up, and shitting their pants...

Just because she is breast feeding she is supposed to disregard the people around her?

 

[dwarven1]

lol...what makes you think I want to get on the same flight with her? I know what she's like. Totally, totally horrible...and she's so tiny.....lmao!!!!

Yeah, but she's your little girl man... you're stuck with her.

You might want to bring her to the doctor and see if she's all right. There are things like Crohn's and colitis that can cause that sort of things. I used to work for a guy with Crohn's... there were a lot of times that I'd go up to the third floor to use the men's room since I didn't have a gas mask.

 

[Admin]

Seriously, is it so hard for them to say up front that they don't allow nursing mothers? And since they claim that their policy is to ALLOW nursing mothers, then there's no problem, is there? Or did you miss that part?

I don't care what the policy is. If she was offending multiple people she needs to stop or go.

I'm sure you are allowed to fart on a plane correct? What if I farted non stop, loudly as possible, with each fart completely destroying the cabin air? Should I be allowed to stay on the flight if it's pissing off 50 other people?

 

[sksguns]

Yeah, but she's your little girl man... you're stuck with her.

You might want to bring her to the doctor and see if she's all right. There are things like Crohn's and colitis that can cause that sort of things. I used to work for a guy with Crohn's... there were a lot of times that I'd go up to the third floor to use the men's room since I didn't have a gas mask.

Yes she is and yes I am....


No she's cool though....everything is working normally......and it's once in a while but she can make your eyes water....lmao!!!

 

[reinbeau]

Ann,

Come on... There is nothing wrong with breast feeding in public. But some people might take offense to being stuck next to and litterally touching some fat woman breast feeding a child that is farting, spitting up, and shitting their pants...

Just because she is breast feeding she is supposed to disregard the people around her?

For the record I breastfed both my boys. Yes, I always covered up in public, but I damned well did feed them when they needed it, and have every right to do so.

As for the spitting up, farting and shitting their pants - bottle fed babies do exactly the same thing when they're eating - and their spitup is much more foul-smelling than that of a breast fed infant. So none of those count. Having a bare breast in your face is very disconcerting to some* and not very polite or considerate of the breast-feeder, and the women who don't cover up are doing none of the rest of us any good at all.

(*But I think people with their panties twisted up in knots over breastfeeding have a few screws loose upstairs. Sorry, but I've always felt that way. Stop being such a tight-ass! )

The old adage why buy the cow when the milk is free always rings in my head when people battle breast vs. bottle. I was entirely too cheap and for that matter, poor, to be paying for something my body produced naturally that is actually better for the baby.

 

[sksguns]

I don't care what the policy is. If she was offending multiple people she needs to stop or go.

I'm sure you are allowed to fart on a plane correct? What if I farted non stop, loudly as possible, with each fart completely destroying the cabin air? Should I be allowed to stay on the flight if it's pissing off 50 other people?

Stop it........you're killing me.....that would be hilarious....

 

[TonyD]

I guess we're seperating the smart fellers from the fart smellers around here.

 

[reinbeau]

I guess we're seperating the smart fellers from the fart smellers around here.

Good one! [rimshot]

 

[Cross-X]

So is taking a dump.

And that, my friends, is the NES line of the day.

 

[C-pher]

For the record I breastfed both my boys. Yes, I always covered up in public, but I damned well did feed them when they needed it, and have every right to do so.

I agree with you on that. If the baby's hungry, then feed them. My wife would stop where ever we were and feed my daughters if they were hungry.

But, just because they were hungry, she didn't flop them out and start feeding them like she's talking on the cell phone in the middle of the Target.

She would find a Mother's Lounge, or go to the car, or find a bench in the corner. We also kept several blankets in the diaper bag and carriage so she could cover up.

We know that some people don't want to see it, and rather stir up the pot just because "it's natural" isn't fair to anyone. It creates tension and issues for the people that breastfeed considerately. And does nothing for the cause of feeding your child naturally.

People have to work together, and just because she can breastfeed when she wants doesn't mean that she should piss everyone around her off.

The old adage why buy the cow when the milk is free always rings in my head when people battle breast vs. bottle. I was entirely too cheap and for that matter, poor, to be paying for something my body produced naturally that is actually better for the baby.

Well, knowing a family member that tried and ended up in the hospital because of it, leaves me to not have that problem Seeing them in pain and crying because of cracked and infected nipples was horrible. Only because they wanted nothing more than to breast feed. But found out that they couldn't. There's a lot of people that try, and can't.

But I agree, if it's a lazy thing, then that's over my head. If it's a time thing, then pump. I think that even one or two bottles a day of breast milk is better than nothing.