Most state laws recognize that breastfeeding is a natural biological function and should not be subject to regular indecent exposure laws. As laws carry underlying social policies, legislators do not want to send a message that an act that health professionals promote as beneficial to the growth and health of infants is somehow "indecent."
States with Specific Language on Breastfeeding
Presently, 43 states as well as the District of Columbia and the Virgin Islands have laws that provide specific language that allow women to breastfeed their babies in public. These states include:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Washington and Wyoming
States That Exempt Breastfeeding from Public Indecency Laws
Twelve states, the District of Columbia and the Virgin Islands, exempt breastfeeding from indecent exposure laws. They include:
Alaska, Arizona, Arkansas, Florida, Illinois, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, Wisconsin and Wyoming
States with Unique Laws
Some states provide unique language that expands on where mothers can breastfeed their infants. For instance, Virginia allows women to breastfeed on any state land or property. Louisiana actually prohibits discrimination against breastfed babies by child care facilities. California, New York and Texas provide laws that relate to the procurement, processing and distribution of human milk.
Still Controversial
Even though laws tend to be pro-breastfeeding, public perception has yet to embrace public breastfeeding entirely. Many people are uncomfortable being around exposed breasts. In August, 2009, a woman complained to a police officer about Lauren Trost breastfeeding her seven-month-old-infant. The officer subsequently ticketed Trost for public exposure, even though Illinois is a state that exempts breastfeeding from public indecency laws. Trost protested the ticket and other breastfeeding mothers held a rally to support her.
Even with laws on the books, the public at large still needs to be educated about public breastfeeding to unlearn erroneous perceptions that this act is indecent unless done behind closed doors.
When to Get Legal Help
There are no state or federal laws that prohibit public breastfeeding. At least eight states actually prohibit interference with a mother breastfeeding in public. If you have been publicly censored by an officer or even ticketed, you may want to consult with an attorney to determine the exact laws in your state.
