Know Your Rights: Breast Feeding
posted 23rd Aug
o, I decided to look up all the breast feeding laws. Just so I'd know who was in the wrong/who was in the right if I was ever asked to stop breast feeding where I was. Here are the laws by state. [reworded to be a little shorter. and I just took the mostly important ones, check out the link if you want the full article]
http://209.85.173.104/search?q=cache:M9zpWuldBtkJ:maloney.house.gov/
documents/olddocs/breastfeeding/050505CRSReport.pdf
+breastfeeding+laws&hl=en&ct=clnk&cd=2&gl=us
A public places is something like a park, parking lot, side walks, and any government owned facility.
A private place is something like malls, restaurants, supermarkets, gas stations, places of business.
Alaska
Breastfeeding does not fall under lewd conduct or incedent exposure and no one can ask a woman or a child in a public or private location where the woman and child are otherwise authorized to be to leave. The State is unauthorized to make a law restricting or banning breast feeding.
California
-Employers must provide a break for nursing mothers to allow for expressing milk, unless it seriously interfers with the running of the business and requires that they give space for the mother to do so that is not a toilet stall. [Thats really what it says =]
-A nursing mother can post pone jury duty to avoid having to express milk for as long as she's breast feeding, if a written request is made.
-A woman can breast feed her child in any location.
-Hospitals are required to provide a lactation consultant to new mothers.
Colorado:
-A woman is permitted to breast feed any where she as a right to be.
Connecticut:
-Requires employers to provide a break for nursing mothers to express milk in a private location.
-Forbids resorts or other public places from trying to limit or restrict a breast feeding mother.
-States no person has the right to restrict or limit a breast feeding mother.
Delaware:
-A woman is permitted to breastfeed any where she is otherwise allowed to be.
Florida:
-Permits a woman to breast feed in any private or public location.
-If breast feeding, the breast is no longer seen as a sexual organ.
-The publics exposure to breast feeding does not count as "harmful to minors."
Georgia:
-Georgia recognizes the health benefits to breast feeding and allows it any where the mother is otherwise allowed to be, public or private.
-Employers must provide time for working mothers to express milk in a private location other than a toilet stall.
Hawaii:
-It is illegal to deny accommodation to a woman in a public place because she is breast feeding.
-No employer is allowed to ask a woman to stop expressing milk during a meal period or break, and no employer is allowed to deny employment because a woman needs to express milk or is breast feeding.
Idaho:
-A woman is allowed to post pone jury duty to avoid having to express milk for as long as she is breast feeding.
-[No laws found about it being legal or illegal in public places.]
Illinois:
-A woman is allowed to breast feed in a public or private place if she would otherwise be authorized to be there. If asked to stop breast feeding by the owner or manager, the mother may bring a civil suit and if won is awarded litigation fees and attorney's fees.
-Employers are required to provide a break for nursing mother's to express milk in a private setting that is not a toilet stall.
-It is not an act of public indecency.
Indiana:
-A woman is permitted to breast feed any where the law allows her to be.
Iowa:
-A woman who is breast feeding and is the sole daily care giver of a child is exempt from jury duty. [Stay at home moms.]
-A woman can breast feed her child any where she would other wise allowed to be. If the breast is accidentally exposed, it is not indecent exposure.
Louisiana:
-A woman may breast feed her child any where the law would other wise allow her to be. Breast feeding is not a violation of the law.
-Prohibits any childcare facility from discriminating against breast fed babies.
Maine:
-A woman is allowed to breast feed her child in any location she would other wise be allowed to be.
-When in a custody battle, the judge must take into consideration that the mother is the sole provider of food to a breast fed baby.
Maryland:
-Personal property used for breast feeding is exempt from sales tax and use tax.
-Prohibits restrictions on breast feeding. A woman is allowed to breast feed her child in any public or private location she would other wise be allowed to be.
Michigan:
-If the nipple or areola is exposed while breast feeding, it is not indecent exposure.
-Judges must consider a mother being the sole provider for food for a breast fed child when concerning custody battles.
-[Cannot find any laws allowing or disallowing breast feeding in public places.]
Minnesota:
-Allows a breast feeding mother to be excused from jury duty if she is the sole daily care giver for a child. [Stay at home mom.]
-Employers must allow time for a nursing mother to express milk in a private, sanitary condition.
-A woman is allowed to breast feed any where the law would other wise allow her to be.
-If the nipple or areola is exposed during breast feeding, it is exempt from indecent exposure.
Missouri:
-Allows a mother to breast feed in any private or public location if she uses "appropriate digression."
-All hospitals and OB/Gyns must provide information of breast feeding to new mothers.
Montana:
-Breast feeding a child in public or private cannot be considered a nuisance, indecent exposure, sexual conduct, or obscene by onlookers.
Nebraska:
-A nursing mother, with proof from her physician, may be excused from jury duty for as long as she's breast feeding.
-[Cannot find information on whether it is legal or illegal in public places.]
Nevada:
-Breast feeding is not seen as an act of gross lewdness or indecent exposure.
-A woman is allowed to breast feed any where the law would other wise allow her to be, regardless of the nipple or areola being exposed.
New Hampshire:
-Breast feeding is not seen as lewd or sexual.
-Trying to limit a breast feeding mother is seen as discriminatory.
New Jersey:
-A woman is allowed to breast feed in any public place she would other wise be allowed to be. If an attempt to stop breast feeding is made, the person may be fined.
New Mexico:
-A woman is permitted to breast feed any where she is other wise authorized to be.
New York:
-Permits a woman to breast feed any where she would other wise be allowed to be. If the nipple or areola is exposed, so be it.
-If a woman is put in a correctional facility and is breast feeding a child under one, the child is allowed to be with her.
-Breast feeding is not indecent exposure.
North Carolina:
-A breast feeding woman is not seeing as being indecently exposed.
-[No laws found about it being legal or illegal in public or private places.]
Oklahoma:
-Recognizes breast feeding as a natural right and allows it in public or private locations any where the mother would other wise be authorized to be.
-Breastfeeding mother may ask to be exempt from jury duty.
Oregon:
-Allows a woman to breast feed in a public place.
-A breast feeding mother may ask to be exempt from jury duty.
Puerto Rico:
-Public and private places must provide adequate breast feeding areas for nursing mothers.
-Employers must allow time for breast feeding mothers to express milk and if employers don't they can be fined.
Rhode Island:
-Breast feeding mothers are excused from disorderly conduct laws.
-Provides work place policies for breast feeding women.
-[Nothing found about it being legal or illegal in public or private places.]
South Dakota:
-Breast feeding is exempt from indecent exposure.
-[Nothing found about it being legal or illegal in public places.]
Tennesee:
-Employers must provide a space for nursing mothers to express milk in a sanitary condition that is not a bathroom stall.
-[No laws found about it being legal or illegal in public or private places.]
Texas:
-Allows a nursing mother to breast feed in any location.
-Hospitals must provide new mothers with literature on breast feeding.
Utah:
-No city or state officials may try to pass a law to inhibit breast feeding.
-Breast feeding is not seen as a lewd or indecent act.
-A woman is allowed to breast feed any where the law would other wise allow her to be.
-If involved in a custody battle, the court must take into consideration that a nursing mother is the sole provider or food.
Vermont:
-Allows a woman to breast feed in any public place she would other wise allowed to be.
-The department of health is required to distribute literature on breast feeding.
Virgina:
-Guarantees a woman the right to breast feed in any public space.
-Encourages employers to provide unpaid break time for women to express milk.
Washington:
-Breast feeding is not indecent exposure.
-Department of health is required to provide literature on it's benefits.
-[No laws found on it being legal or illegal in public or private places.]
Wisconsin:
-Breast feeding is not seen as indecent exposure.
-[No laws found on it being legal or illegal in public and private places.]
Wymoning:
-Encourages employers to allow for time for nursing mothers to express milk.
-[No laws found on whether it being legal or illegal in public or private places.]
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So, ladies. There you go! Keep this in mind if some one asks you to stop breast feeding in a store, you may have every right to jump down their throat but on some special occasions you will be forced to leave and there's nothing you can do.
quoteposted 23rd Aug
Hmm now I am curious to look up our country's laws about breastfeeding.. I'm pretty sure it's pretty lax up here though. I see women breastfeeding all over the place and no one bats an eye. We also have special rooms in all the malls with comfy chairs and dimmed lighting specifically for breastfeeding. Some of them you need to get a key from an attendant.. probably to keep the creepers out.. wow I am rambling..
quoteI have 1 child & 1 angel baby & live in
Manitobaposted 23rd Aug
Wow.. here in NY if a mom is breastfeeding while in Jail, the kid stays with her.
That's kinda messed up... to keep a kid in a jail for the first year of life just becasue the mom is? Yeah breastfeeding is important but I don't like the idea of a baby in jail with the mom for a year!
quoteposted 23rd Aug
I figured this would have gotten a better response.
What do you ladies think of your state's laws? Did you think your state had different laws than it actually does?
Any one else ready to protest their state's laws and get something passed about breast feeding being allowed in private places as well as public?
C'mon ladies, speak up!
quote