November 12, 2013, Introduced by Senators WARREN, GREEN, JONES, HOPGOOD, SMITH, ANANICH, SCHUITMAKER, HOOD, GREGORY, WHITMER and ANDERSON and referred to the Committee on Government Operations.
A bill to prohibit discriminatory practices, policies, and
customs in the exercise of the right to breastfeed; to provide for
enforcement of the right to breastfeed; and to provide remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) This act shall be known and may be cited as the
"breastfeeding antidiscrimination act".
(2) As used in this act:
(a) "Place of public accommodation" means a business, an
educational institution, or a refreshment, entertainment,
recreation, health, or transportation facility of any kind, whether
licensed or not, whose goods, services, facilities, privileges,
advantages, or accommodations are extended, offered, sold, or
otherwise made available to the public.
(b) "Public service" means a public facility, department,
agency, board, or commission owned, operated, or managed by or on
behalf of this state or a subdivision of this state, by a county,
city, village, township, or independent or regional district in
this state, or by a tax-exempt private agency established to
provide service to the public, except that public service does not
include a state or county correctional facility with respect to
actions or decisions regarding an individual serving a sentence of
imprisonment.
Sec. 2. Except where expressly permitted by state or federal
statute or a regulation promulgated thereunder, a person with
control over a public accommodation or public service shall not do
any of the following:
(a) Deny the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, or accommodations of a place of
public accommodation or public service to a woman because she is
breastfeeding a child.
(b) Print, circulate, post, mail, or otherwise cause to be
published a statement, advertisement, notice, or sign that
indicates any of the following:
(i) That the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, or accommodations of a place of
public accommodation or public service will be refused, withheld
from, or denied a woman because she is breastfeeding a child.
(ii) That a woman's patronage of or presence at a place of
public accommodation is objectionable, unwelcome, unacceptable, or
undesirable because she is breastfeeding a child.
Sec. 3. (1) A person alleging a violation of this act may
bring a civil action in a court of appropriate jurisdiction for
appropriate injunctive relief, actual damages or presumed damages
of $200.00, or both injunctive relief and actual or presumed
damages.
(2) In addition to the relief under subsection (1), a court
rendering a judgment in an action brought under this act may award
all or a portion of the costs of litigation, including reasonable
attorney fees and witness fees, to the complainant in the action if
the court determines that the award is appropriate.