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BlogWithIntegrity.com

Just When You Thought it Was Safe to Travel with Breast Milk: The TSA Targets Mothers

When attorney Stacey Armato arrived at the TSA inspection at her usual gate at Phoenix International Airport for her weekly return flight home to Los Angeles on February 1st, she felt a bit of trepidation. The week before she had been held for 40 minutes while TSA staff researched whether she had a right to refuse to allow her pumped breast milk to be x-rayed. She had requested "alternate" screening – something to which she has been entitled since the summer of 2007 when the TSA exempted breast milk from the 3-1-1 rule and reclassified it as a medical liquid. Under current TSA policy, breast milk may be carried on-board in any reasonable quantity, as long as it fits in carry-on luggage, and it can be screened either through the x-ray machine or by hand (the "alternate" screening for medication which may consist of a visual inspection or a wipe of the container's exterior that supposedly detects explosives). While the TSA website is far from user-friendly on this point, the "alternate" screening in place for medications is available to those traveling with breast milk because breast milk was reclassified as a "medical necessity."(scroll down to the Q&A).

After her negative experience the previous week, Armato had filed a complaint with the TSA. Now she was about to be screened by the same staff about whom she complained. But she could have no way of knowing what they had in store for her.

When Armato asked once again to have her breast milk (which she was bringing home to her 7 month old son) screened without an x-ray, she was held in custody by TSA for an hour. She was given no explanation. She never knew how long she would be held. As her flight left without her, she stood trapped in a plastic box weeping while her pumped milk – now out of its cooler – was played with by TSA staffed. Seriously, watch the TSA staffer in the foreground of the video below. She picks up, puts down and tosses about the containers of milk as if they are toys.

Below is a YouTube video made by Armato's brother-in-law. The footage presented in this video was obtained by Armato through a Freedom of Information Act request and is the official recording made by the TSA. However, approximately 20 minutes of video – what happened after what you can see here – was destroyed by TSA as not relevant to her complaint.

If you would like to see all of the video Armato obtained without being sped up as it is below and without the graphic commentary, you can see it here, here, here, and here.

So let's take a break right here and give Armato a hand. This mother returned to full-time work outside the home 13 weeks after her first son was born. Her son was fed exclusively with breast milk despite her work requiring she travel from Los Angeles to Phoenix once every week. She flew early morning and return in the afternoon, pumping approximately 12 ounces of breast milk during the day. It was this milk she was trying to bring home to her son.

Since this YouTube video went viral last week, many have asked whether she filed a complaint with the TSA about her treatment. The answer is "yes," however to her knowledge nothing was done to discipline the TSA staff involved in this incident. Armato has taken this same flight many times since February and she has seen all of the TSA staff members at work. Armato has yet to find an attorney willing to represent her in a lawsuit against the TSA.

So what happened in the twenty odd minutes after this video ends? Armato was forced by TSA staff to divide her breast milk into more containers. Yeah, that's right. Armato had 12 ounces of breast milk in four 3 ounce containers despite the fact TSA policy does not require breast milk be carried in 3 ounce containers. After being held in custody for an hour and a half, TSA staff forced her to sit on the floor and pour her breast milk into new containers so that each container held no more than 2 ounces.

Does any TSA policy or regulation require that breast milk be carried in 2 ounces batches? No. There is no explanation for what happened to Stacey Armato other than that she was targeted for harassment by vengeful TSA staffers against whom she had filed a complaint the previous week. And those staffers still work for the TSA. They not only got away with holding Armato hostage, they are free to do the same to you.

What are your thoughts about what happened to Stacey Armato? Have you been harassed while trying to carry breast milk through a TSA checkpoint? During this holiday weekend in the U.S., how are you treated by the TSA as you traveled with your children?

Bringing Baby to Work: Maternity Leave Alternative?

Most mothers either want or need to both mother their children and work for a wage. It always surprises me that some find that a controversial statement. It is pretty hard (though some try) to dispute the economic necessity of waged labor for mothers in the U.S. (where I live) today.  I won't go down the "but what if she doesn't need the money" road  – that way lies mommy wars.

In order to mother and earn a wage, mothers must have their children with or near them most of the time.  There, I said it. No, I don't mean that women who can't have their children with them are not mothers or that they are bad mothers.  I do mean that while they are away from their children, someone else is doing the mothering acts.  And most mothers have very little choice in the matter.

I was pleased to see an article in The New York Times about workplaces in which mothers may bring their children every day. It makes me very happy to see workplaces in which children are welcome. I am excited by the work of Carla Moquin and the Parenting in the Workplace Institute. I am thrilled that The New York Times, which so often gives arms to the mommy wars, published an article in which children in the workplace is portrayed as positive and viable.  What bothers me is the title of the article:  Maternity-Leave Alternative: Bring the Baby to Work. What the title and some of the content suggests is that bringing children to work eliminates the need for maternity leave.

I owned my own solo law practice when I gave birth to my first son.  Whatever maternity leave I was getting, I was creating for myself.  I don't consider the federal Family and Medical Leave Act a vast improvement over my situation, though if I had had FMLA time (twelve unpaid weeks), covering my court dates would have been someone elses problem.  I hired a friend to cover my court appearances for thirty days from my due date, got the phone number of a nanny agency recommended by the local bar association, and set up a portable crib in my office. My plan was to go back to the office thirty days after giving birth bringing my son who would sleep peacefully in the portable crib and I would hire someone per diem to come to the office when I had to go to court. No problem.  I had everything under control and had saved up so I could go without income for a month.  I filed my last brief three days before I went into labor.  During  early labor, I took a conference call.

And then life happened.

Four days into my "maternity leave," I was still recovering from thirty hours of back labor, a cesarean section, aspiration pneumonia, and a post-operative infection. My healthy son was in the NICU on antibiotics "just in case." (No, I still don't understand why.) I would have difficulty walking for months because, unbeknownst to me at the time, my broad ligament had been cut during the surgery.  I was lucky – my son's father had three weeks of paid vacation time he could spend at home with us (when we finally made it home). Even though my son had been given some formula in the NICU, I started pumping in the hospital and when we could finally be together he latched on without a problem.  And he stayed latched on.  When his dad tried giving him pumped breastmilk in preparation for my return to court, he would have none of it.  Though he had taken a bottle in the NICU, he never would again.  I arranged my schedule so I was never away from him longer than three hours. When I took him to my office, every time I lay him in the portable crib, he screamed non-stop.  Soon he started to scream whenever I walked into my office.  So I started working from home.  I signed on with the nanny service which guaranteed that the nanny would show up at the appointed times (initially a few days a week) or the owner would come in her place.  And then the nanny was late.  And then she was just "FTA."  FTA is a court clerk designation for a party who doesn't show up for trial – "failure to appear" which could get you a bench warrant for someone's arrest.  No such remedy with a nanny.  When my nanny was FTA, I tried reaching the owner of the agency for that guarantee that she would personally come.  She didn't answer her pages.  I was screwed.

Slowly but surely I cut my practice down to part-time from home.  My mother-in-law stepped in as emergency childcare.  Yes, I needed a workplace to which I could bring my son but first I needed maternity leave.  I needed time for my body to heal.  Even if I had had the birth I wanted, I still would have needed peaceful quiet time to be with my new child.  He and I needed to nurse and sleep and rest and play and not worry about clients or judges or conference calls or bills.  We needed to be mother and son and nothing else.  Not necessarily forever.  But for a while.

Should every mother have a workplace to which she can bring her child so that they can have access to each other throughout the day, breastfeed, snuggle, play?  Absolutely.  Children will be happier and healthier and mothers will be more productive.  Older kids can spend some days at work with the other parent as well. But first mothers need paid maternity leave. I am not saying maternity leave is more important than children in the workplace – I am saying it is different.  Bringing a baby to work is better than forcing a mother to leave an infant for long work days but it should not be used as an excuse to deny women paid maternity leave.  A mother's wage-earning work life is likely to be long.  There are a lot of years left to bring kids to the office.

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