Breastfeeding NJ Mom Told To Cover Up Takes Steps In $1M Suit

FRANKLIN, NJ — The mother who was ordered to cover up while breastfeeding at the Franklin Pond Beach has filed a tort claim against the borough, the first step in a possible lawsuit, NJ Herald reported.

Michelle Ayala's lawyer, Jason J. Guiliano, reportedly sent notice of a potential lawsuit to the borough, saying it would be for $1 million and filed against the Franklin, Recreation Committee secretary Donna Vreeland, Borough Administrator Alison McHose, and Mayor Nicholas Giordano. The letter reportedly said Ayala would prefer to "resolve this claim with as little further embarrassment to the borough of Franklin as necessary."

The Borough Council apparently discussed the matter in a closed session on Tuesday.

Ayala told Patch she was feeding her 2 and 1/2 year old daughter at the pond two weeks ago when she says she was asked to cover up by Vreeland. She said she was was then told that Franklin Pond is a private beach and that, as a member, she had agreed to show no indecent behavior and "they have the right to remove me," she told Patch. Vreeland allegedly called police, who sided with Ayala.

Franklin Borough Administrator Alison McHose released a statement to the New Jersey Herald at the time that said the borough does "regret the situation made any of the guests feel uncomfortable and are using this as an opportunity to remind all involved of a woman's right to breastfeed under New Jersey law."

Police told the Herald they responded to Franklin Pond for a complaint of a woman breastfeeding her baby while on the beach. Police Department spokesman Detective Nevin Mattessich said the call "was for a woman who was breastfeeding her baby and who refused to 'cover up.'?" He said the officer who answered the call was not told what "cover up" meant.

"I just think it's a normal, natural thing, nursing a child – whether she's one, or 2, or newborn – and I don't think it's offensive," Ayala, 36, a Verona native who moved to Franklin Borough in 2013, told nj.com.

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