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Human Rights Complaint against Delta and Freedom Airlines Proceeds

by Angela White, J.D., breastfeeding counselor on April 10th, 2007

Almost five months after nearly 900 people participated in nurse-ins at 40 airports across the country in support of Emily Gillette (the New Mexico mother who was kicked off an airplane for breastfeeding her toddler), Ms. Gillette’s case is starting to undergo investigation. Rebecca Robinson of the Bennington Banner reports that last Thursday the Vermont Human Rights Commission denied a motion by Delta and Freedom Airlines to dismiss the complaint against them.

Ms. Gillette refused to cover up while breastfeeding her 22-month-old son as they sat on a plane waiting for take-off from Burlington Airport in Vermont. Vermont state law specifically protects breastfeeding in public:

Notwithstanding any other provision of law, a mother may breastfeed her child in any place of public accommodation in which the mother and child would otherwise have a legal right to be.

Representatives for Delta and Freedom airlines argued that federal preemption laws prevented the state of Vermont from charging the airlines with a state civil rights violation. In its ruling, the Vermont Human Rights Commission cited federal and Vermont Supreme Court case law that provides otherwise.

The news brings great relief to Ms. Gillette:

“I think they made the right decision … I feel really pleased about it,” said Gillette, speaking by phone from Santa Fe, Monday. “It feels good to be validated by the state.”

It will be interesting to see whether the decision of the Vermont Human Rights Commission will prompt the airlines to work toward a settlement. Negotiations between Ms. Gillette and the airlines have failed up to this point and so far the airlines have offered only a weak apology.

With an investigation now underway, both parties will have an opportunity to submit information and speak before the Commission. Ms. Robinson explains:

If, after this, the commissioners decide that there are reasonable grounds to believe that unlawful discrimination occurred, the case will be transferred to the executive director, who will attempt to bring both parties to accept a settlement. If a settlement cannot be reached within six months, the commissioners will decide whether to close the case or take it to court, either in Montpelier or the court in the county in which the alleged incident took place.

Good luck Ms. Gillette! I feel safe in saying you have the continued support of lactivists across the country.

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POSTED IN: activism, breastfeeding, nursing in public, travel