I recently read this article, which subsequently inspired me to put together this map. Some people feel that there are right ways and wrong ways to breastfeed in public and that some of those ways are immodest. I don’t agree. Nothing about breastfeeding is immodest. Luckily, I have never been asked to cover up, move or discontinue while breastfeeding in public, but if it does ever happen I will stand up for my right to feed my child. It is important to know the laws regarding breastfeeding, because when we are armed with knowledge it makes it easier to bring about change. So in honor of National Breastfeeding Month I made this map, which gives you the state laws on public breastfeeding at a glance. For the full laws in each state see below. I recommend reading the laws of your state carefully because there are some subtle differences in terminology that can make a big difference. For example Virginia’s law states that a woman may breastfeed in any public place owned by the state, while Florida’s states that you can breastfeed in any public or private place.
Federal law:
Pub. L. No. 106-058, § 647: Notwithstanding any other provision of law, a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location.
State Laws:
Ala. Code § 22-1-13 (2006): A mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present.
Alaska Stat. § 29.25.080: A municipality may not enact an ordinance that prohibits or restricts a woman breast-feeding a child in a public or private location where the woman and child are otherwise authorized to be.
Ariz. Rev. Stat. Ann § 41-1443 (2006): A mother is entitled to breast-feed in any area of a public place or a place of public accommodation where the mother is otherwise lawfully present.
Ark. Stat. Ann. § 20-27-2001 (2007): A woman may breastfeed a child in a public place or any place where other individuals are present.
Cal. Civil Code § 43.3 (1997): Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and the child are otherwise authorized to be present.
Colo. Rev. Stat. § 25-6-302 (2004): A mother may breastfeed in any place she has a right to be.
Conn. Gen. Stat. § 46a-64: It shall be a discriminatory practice in violation of this section . . . for a place of public accommodation, resort or amusement to restrict or limit the right of a mother to breast-feed her child; and § 53-34b: No person may restrict or limit the right of a mother to breast-feed her child.
Del. Code Ann. tit. 31 § 310 (1997): Notwithstanding any provisions of law to the contrary, a mother shall be entitled to breast-feed her child in any location of a place of public accommodation wherein the mother is otherwise permitted.
D.C. Code Ann. § 2-1402.82(c)(1): A woman shall have the right to breastfeed her child in any location, public or private, where she has the right to be with her child, without respect to whether the mother’s breast or any part of it is uncovered during or incidental to the breastfeeding of her child.
Fla. Stat. § 383.015(1) (1993): A mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breastfeeding.
Ga. Code § 31-1-9 (1999): [A] mother may breast-feed her baby in any location, public or private, where the mother is otherwise authorized to be irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breast-feeding.
Hawaii Rev. Stat. § 489.21: It is a discriminatory practice to deny, or attempt to deny, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodations to a woman because she is breastfeeding a child.
No state law protecting the right to breastfeed in public. The only law with regards to breastfeeding has to do with jury exemption.
Ill. Rev. Stat. ch. 740 § 137 (2004): A mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breastfeeding; however a mother considering whether to breastfeed her baby in a place of worship shall comport her behavior with the norms appropriate in that place of worship.
Iowa Code § 135.30A (2002): Notwithstanding any other provision of law to the contrary, a woman may breast-feed the woman’s own child in any public place where the woman’s presence is otherwise authorized.
Kan. Stat. Ann. § 65-1,248(b): A mother may breastfeed in any place she has a right to be.
Ky. Rev. Stat. § 211-755(1) (2006): Notwithstanding any other provision of the law, a mother may breast-feed her baby or express breast milk in any location, public or private, where the mother is otherwise authorized to be.
La. Rev. Stat. Ann. § 51. 2247.1(B) (2001): Notwithstanding any other provision of law to the contrary, a mother may breastfeed her baby in any place of public accommodation, resort, or amusement.
Me. Rev. Stat. Ann. tit. 5, § 4634 (2001): Notwithstanding any other provision of law, a mother may breast-feed her baby in any location, public or private, where the mother is otherwise authorized to be.
Md. Health-General Code Ann. § 20-801 (2003): (a) A mother may breast-feed her child in any public or private location in which the mother and child are authorized to be. (b) A person may not restrict or limit the right of a mother to breast-feed her child.
Mass. Gen. Laws Ann. ch. 111 § 221(a) (2008): A mother may breastfeed her child in any public place or establishment or place which is open to and accepts or solicits the patronage of the general public and where the mother and her child may otherwise lawfully be present.
Mich. Comp. Laws § 41.181, § 67.1aa & § 117.4i et seq. (1994): Public nudity does not include any of the following:
(a) A woman’s breastfeeding of a baby whether or not the nipple or areola is exposed during or incidental to the feeding.
Minn. Stat. §145.905: A mother may breast-feed in any location, public or private, where the mother and child are otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breast-feeding.
Miss. Code Ann. § 17-25-7 (2006): A mother may breast-feed her child in any location, public or private, where the mother is otherwise authorized to be, without respect to whether the mother’s breast or any part of it is covered during or incidental to the breast-feeding.
Mo. Rev. Stat. § 191.918 (1999): Notwithstanding any other provision of law to the contrary, a mother may, with as much discretion as possible, breast-feed her child in any public or private location where the mother is otherwise authorized to be.
Mont. Code Ann. § 50-19-501 (2002): Provides that the breastfeeding of a child in any location, public or private, cannot be considered a nuisance, indecent exposure, sexual conduct, or obscenity.
2011 Neb. Laws, L.B. 197: A mother may breastfeed her child in any public or private location where the mother is otherwise authorized to be.
Nevada
Nev. Rev. Stat. § 201.232(2) (1995): Notwithstanding any other provision of law, a mother may breast feed her child in any public or private location where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breast feeding.
N.H. Rev. Stat. Ann. § 132:10-d (1999): Breast-feeding a child does not constitute an act of indecent exposure and to restrict or limit the right of a mother to breast-feed her child is discriminatory.
N.J. Rev. Stat. § 26:4B-4/5 (1997): Notwithstanding any provision of law to the contrary, a mother shall be entitled to breast feed her baby in any location of a place of public accommodation, resort or amusement wherein the mother is otherwise permitted.
N.M. Stat. Ann. § 28-20-1 (1999): A mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present.
N.Y. Civil Rights Law § 79-e (1994): Notwithstanding any other provision of law, a mother may breast feed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether or not the nipple of the mother’s breast is covered during or incidental to the breast feeding.
N.C. Gen. Stat. § 14-190.9 (1993): Notwithstanding any other provision of law, a woman may breast feed in any public or private location where she is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breast feeding.
N.D. Cent. Code § 23-12-16: If the woman acts in a discreet and modest manner, a woman may breastfeed her child in any location, public or private, where the woman and child are otherwise authorized to be.
Ohio Rev. Code Ann. § 3781.55 (2005): A mother is entitled to breast-feed her baby in any location of a place of public accommodation wherein the mother otherwise is permitted.
Okla. Stat. tit. 63, § 1-234 (2004): The Legislature hereby declares that breast-feeding a baby constitutes a basic act of nurturing to which every baby has a right and which should be encouraged in the interests of maternal and child health. In furtherance of this right, a mother may breast-feed her baby in any location where the mother is otherwise authorized to be
Or. Rev. Stat. § 109.001 (1999): A woman may breast-feed her child in a public place.
P.L. 90, No. 28, Cl. 35 (enacted July 8, 2007): The Freedom to Breastfeed Act permits a mother to nurse her child in public; and provides that breastfeeding may not be considered a nuisance, indecent exposure, sexual conduct or obscenity.
Rhode Island
R.I. Gen. Laws § 23-13.5-1 (2008): A woman may feed her child by bottle or breast in any place open to the public.
S.C. Code Ann. § 63-5-40(A)(B) (2008): A woman may breastfeed her child in any location where the mother and her child are authorized to be. Breastfeeding a child in a location where the mother is authorized to be is not considered indecent exposure.
S.D. Codified Laws Ann. § 22-22-24.1 and § 22-24A-2 (2002): South Dakota law exempts breastfeeding from public indecency laws. “Nudity”…this term does not include a mother’s breast-feeding of her baby irrespective of whether or not the nipple is covered during or incidental to feeding.
Tenn. Code Ann. § 68-58-101 and 102 (2006): A mother may breastfeed in any public or private place she is authorized to be. Breastfeeding shall not be considered public indecency or nudity, obscene, or sexual conduct.
Tex. Health Code Ann. § 165.002 (1995): A mother is entitled to breast-feed her baby in any location in which the mother is authorized to be.
Utah Code Ann. § 17-15-25 (1995): The county legislative body may not prohibit a woman’s breast feeding in any location where she otherwise may rightfully be, irrespective of whether the breast is uncovered during or incidental to the breast feeding.
Vt. Stat. Ann. tit. 9, § 4502 (j) (2002): 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.
Va. Code § 2.2-1147.1 (2002): Notwithstanding any other provision of law, a woman may breast-feed her child at any location where that woman would otherwise be allowed on property that is owned, leased or controlled by the Commonwealth as defined in § 2.2-1147.
Wash. Rev. Code § 49.60.30(g): [It is] the right of a mother to breastfeed her child in any place of public resort, accommodation, assemblage, or amusement.
No state law protecting the right to breastfeed in public but if this bill gets passed that could change.
Wis. Stat. § 253.16: A mother may breast−feed her child in any public or private location where the mother and child are otherwise authorized to be. In such a location, no person may prohibit a mother from breast−feeding her child, direct a mother to move to a different location to breast−feed her child, direct a mother to cover her child or breast while breast−feeding, or otherwise restrict a mother from breast−feeding her child as provided in this section.
Wyo. Stat. § 6-4-201 (2007): Wyoming law exempts breastfeeding from public indecency laws. The act of breastfeeding an infant child, including breastfeeding in any place where the woman may legally be, does not constitute public indecency
Resources:
Nursing Freedom Breastfeeding Laws
Breastfeeding Law – know your rights – a great resource for all laws pertaining to breastfeeding, not just the ones to do with public nursing.
