State Laws Upholding a Woman's Breastfeeding Rights
AK
1998 (
S 297)
States that breastfeeding does not constitute indecent exposure and that municipalities cannot implement ordinances banning breastfeeding
CA
1995,
1997,
1998 (
AB 977,
Ch 463,
AB 157,
ACR 155)
Requires the State Department of Health Services to promote breastfeeding in public health campaigns and requires hospitals to make available a breastfeeding consultant or provide information on where to receive breastfeeding help
Authorizes a mother to breastfeeding her child wherever they have the right to be
Encourages employers to provide facilities for employees to breastfeed or express milk
CT
1997 (
SSB 260)
Prohibits resorts, places of amusement, or public accommodations from limiting or restricting a mother's right to breastfeed. Provides the civil penalties (fines) for violations
DE
1996 (
HB 31)
Authorizes a mother to breastfeed her child wherever they have the right to be. Various preambles set forth the importance of breastfeeding
FL
1993,
1993,
1994 (
HB 231,
SB 472,
SB 1668)
Contains Florida's law that states breastfeeding must be encouraged and gives a mother the right to breastfeed anywhere she has the right to be
Amends many criminal statutes to exclude a mother's breastfeeding her baby
Creates worksite breastfeeding support policies, baby friendly hospital initiative, and encouragement of breastfeeding in nutrition programs; includes a demonstration project in Miami to implement the policies
GA
1999 (
SB 29)
Allows mothers to breastfeed in any location where they are otherwise authorized to be, provided that she "acts in a discreet and modest way"
IA
1994 (
H 2350)
Exempts breastfeeding mothers from jury duty who are responsible for the daily care of the child and not regularly employed outside the home
ID
1996 (
S 1468)
A nursing mother may postpone her jury service until she is no longer breastfeeding
IL
1995,
1997 (
S 190,
S 404)
States that breastfeeding a child is not an act of public indecency
Authorizes the Department of Public Health to conduct a breastfeeding promotion program to the public
IN
1994 (
H 2350)
Exempts breastfeeding mothers from jury duty who are responsible for the daily care of the child and not regularly employed
MD
1997 (
H 642)
Allows a company to use the designation "family friendly" in brochures if the employer creates a supportive environment for breastfeeding in the workplace. Instructs the Department Health to create a lactation demonstration project for departmental employees
MI
1994 (
S 107-109)
Public nudity laws do not apply to a woman breastfeeding a child
MN
1997 (
S 2751)
Requires employers to provide daily, unpaid break time for a mother to express milk and provide a private location to do so
MT
1999 (
S 398)
States that the breastfeeding of a child in any location, public or private, cannot be considered indecent exposure , sexual conduct, or obscenity
NC
1993 (
Gen State
14-190.9)
States a woman may breastfeed in any public or private location where she is authorized to be
NH (
H 441)
Breastfeeding a child does not constitute an act of indecent exposure. Also notes that restricting or limiting the right of a breastfeeding woman to feed her child is discriminatory
NJ
1997 (
S 1212)
Creates a new law that gives a mother the right to breastfeed in any location of a public accommodation or resort where the mother has a right to be. Provides for civil penalties (fines) for violating this law
NV
1995 (
S 317)
Allows a mother to breastfeed her child wherever she has a right to be and this does not constitute a violation of the indecent exposure laws
NY
1994 (
S 3999 A)
A mother may breastfeed her child in any public or private location
PA
1997 (
City of Philadelphia)
Breastfeeding Rights Act introduced: it would be an act of sex discrimination if a mother were asked to leave a public place because she was breastfeeding
In any public accommodations, it is unlawful to prohibit a mother from breastfeeding or segregate a breastfeeding mother within the public accommodation where she would otherwise have a right to be
RI
1998 (
S 2319)
Under the general laws of "Disorderly Conduct", in no event shall the provisions of this section apply to breastfeeding in public
TX
1995 (
H 359)
A mother is entitled to breastfeed her baby in any location where she is authorized to be; allows worksites to use the designation "mother-friendly" if they develop worksite policies supporting breastfeeding; state agencies that administer maternal/child health programs will provide information that encourages breastfeeding; create worksite breastfeeding support policies for all state employees
UT
1995,
1999 (
H 262,
H 310)
States that a breastfeeding woman is not in violation of any obscene or indecent exposure laws and that city and county governing bodies may not inhibit a woman's right to breastfeed in public
States that breastfeeding a child may not, under any circumstances be considered a "lewd or grossly lewd act"
VA
1994,
1994 (
VA Code sec 18.2-387,
HJR 248)
Exempts breastfeeding in any public place from the indecent exposure statute
Requests the Department of Medical Assistance Services to look at including lactation education and supplies for Medicaid recipients. Sets forth the benefits of breastfeeding
WI
1995 (
AB 154)
Breastfeeding mothers do not violate various criminal statutes including indecent or obscene exposure