Breastfeeding mom files $1M claim against town after they called the cops on her

Michelle Ayala says she's not looking for money. She wants the town to recognize her rights. Watch video

A dispute between a mother who was breastfeeding her 2-year-old daughter in public and the borough of Franklin escalated this week with a letter from an attorney for the woman citing $1 million in damages for "intentional inflection of emotional distress."

But Jason Guiliano, the attorney who sent the tort notice letter -- a step to notify a public agency of a potential lawsuit -- said Wednesday, money was not the point he and his client, Michelle Ayala, were trying to make.

"The tort notice was basically our last-ditch effort for the town to do the right thing," Guiliano said. "If they don't do the right thing, we're not going to go away."

Guiliano said a remedy could be as simple as a personal apology, if Ayala is satisfied.

"These are people's rights," Ayala said Wednesday. "I'm not looking for any money. The number is symbolic."

Michelle AyalaBill Duhart | For NJ.com 

John Ersin, a borough attorney, has called the incident a "teachable moment."

"This interaction with Mrs. Ayala created an opportunity to better educate our employees," Ersin said.

Ayala, a 36-year-old mother of children 8, 7 and 2, was at Franklin Pond beach in Franklin on July 31. She and some friends were relaxing on the sandy shore of the pond when she began to discreetly breastfeed her 2-year-old daughter Daisy, she said.

That's when a borough employee, Donna Vreeland, approached Ayala and said she should "cover up" while nursing her child, according to accounts from Ayala and Ersin. Ayala said she also told her that she should "do that somewhere else."

When Ayala told Vreeland she is allowed by law to nurse in public, Vreeland called the local police after raising her voice as the confrontation continued, Ayala said.

An officer responded and agreed with Ayala that she had a right to breastfeed in public, according Ersin. But Ayala said the incident continued when borough Administrator Alison McHose then appeared at the pond, after speaking to Ayala on Vreeland's phone, and told her she had the right to remove her because the pond was a "private beach," according to the letter from Guiliano the borough received Tuesday.

The letter then states "the intentional inflection of emotional distress" on Ayala amounted to $1 million in compensation.

A phone call to McHose at the borough hall Wednesday was not immediately returned.

"My children were there watching the police come and this woman yelling at me," Ayala said. "I know a million looks greedy but I did not ask for money. These are my rights."

Guiliano echoed the thought.

"She's not looking for a big pay out," said Guiliano, who is handling the case pro bono, without pay. "But if the town does not do the right thing, we're not going away."

Guiliano said he took on Ayala as a client after she called for a "Nurse-in" demonstration of breastfeeding mothers at Franklin Pond four days after the July 31 incident. Guiliano's wife, Lauren, attended the event and breastfed their 2-year-old son Gabriel. That's when he met Ayala.

Guiliano is a civilian attorney for the U.S. Army at the Picatinny Arsenal base near Franklin. He said he was previously in the military and that experience motivated him to step up for Ayala.

"I was in the Air Force and one of reasons I took this for free is the military is about honor and accountability. The borough hasn't demonstrated either."