"best" breastfeeding law

[justJen]

As a mom who recently moved from Maryland to Virginia, I'm dismayed to find myself in a state with what feels like even less legal protection for breastfeeding in public. I've been downgraded from Maryland's...
"(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."
...to Virginia's law which just says breastfeeding isn't indecent exposure. Actually, VA has similar wording to MD's, but only for state-owned property. *sigh*

What I'm wondering is, which state do you think has the "best" breastfeeding law regarding nursing in public? Variations on workplace, jury duty, custody, etc aside for now, what should be my "wish list" wording for a law protecting mothers/children breastfeeding in public? Is there one state's law that everyone loves and envies? Or if we could copy bits and phrases from a few places, how would the ideal pro-breastfeeding law be worded?

[jessica_lizette]

Here is a summary of all 50 state's breastfeeding laws:

http://www.ncsl.org/programs/health/breast50.htm

I'm really surprised Washington State doesn't have any laws protecting NIP. I always just kind of assumed we had them here.

[mytwogirls]

Yeah, Nebraska sucks too! No laws here! Oh, and for the record I went to renew my driver's license and had to take my youngest with me and she got hungry while waiting, so I had to nurse her in the Registar's Office and well...let's just say, I got some looks. I just pulled my shirt up even more just to give them the WHOLE show...hehehe.

[kriket]

maybe it's because I don't see breastfeeding as criminal but why does there have to be a law!? (rhetorical)

[jessica_lizette]

Most states have laws that say "mothers have the right to nurse wherever they are otherwise allowed to be" or something to that effect.

Now since my state doesn't have that law, it doesn't mean that NIP is illegal here; it just means that the law doesn't specify that it IS legal. If that makes sense.

[kriket]

oh, I understand, but that doesn't mean that my mind isn't boggled at the same time! Some people think that something they don't like is illegal until a law is made otherwise? dorks.

[jessica_lizette]

Basically!

BTW I love that picture of your dog in the sling! hehe

[TattoMomK]

Since I am embroidering the laws on fabric for slings, wraps and diaper bags, so far I find KY to be the best-- but have not done all the states! That and the five that have enforcement laws, like AZ (off the top of my head, I am nak).

[acannon]

TN's is that NIP is protected until the child is one year old. Then, from what I've heard, places can start kicking you out if you nurse there. I haven't had any experience with this myself, because my little guy's only 3 months and no one says anything to me about it, so I don't know *too* much about it.

[justJen]

Originally Posted by TattoMomK

Since I am embroidering the laws on fabric for slings, wraps and diaper bags, so far I find KY to be the best-- but have not done all the states!

Thanks, TattoMomK. Here's Kentucky's:

Kentucky SB 106, Acts. No. 180 (2006).
SECTION 1. A NEW SECTION OF KRS CHAPTER 211 IS CREATED TO READ AS FOLLOWS:
(1) Not withstanding any other provision of the law, a mother may breastfeed her baby or express breastmilk in any location, public or private, where the mother is otherwise authorized to be. Breastfeeding a child or expressing breastmilk as part of breastfeeding shall not be considered an act of public indecency and shall not be considered indecent exposure, sexual conduct, lewd touching, or obscenity.
(2) A municipality may not enact an ordinance that prohibits or restricts a mother breastfeeding a child or expressing breastmilk in a public or private location where the mother and child are otherwise authorized to be. In a municipal ordinance, indecent exposure, sexual conduct, lewd touching, obscenity, and similar terms do not include the act of a mother breastfeeding a child in a public or private location where the mother and child are otherwise authorized to be.
(3) No person shall interfere with a mother breastfeeding her child in any location, public or private, where the mother is otherwise authorized to be.

Whew! That's a lot of embroidering! It's nice to have one so thorough, though it makes for a pretty small font trying to fit it on a business card, I'd imagine.

Originally Posted by acannon

TN's is that NIP is protected until the child is one year old.

Yuck. What is it that people think is so vastly different about a child who's 11 1/2 months versus one who's a few weeks older? On a lighter note, I'm just picturing a restaurant manager coming over to "card" a toddler who looks "too old to be drinking".

[Cersha]

Originally Posted by justJen

On a lighter note, I'm just picturing a restaurant manager coming over to "card" a toddler who looks "too old to be drinking".

Thanks for the laugh!

[mamajake]

Originally Posted by jessica_lizette

Here is a summary of all 50 state's breastfeeding laws:

http://www.ncsl.org/programs/health/breast50.htm

I'm really surprised Washington State doesn't have any laws protecting NIP. I always just kind of assumed we had them here.

I vastly prefer http://llli.org/Law/LawBills.html for state law language. Not perfect, but the NCSL site is full of dead links which is really frustrating. For a current map of which states have enforcement provisions, see http://www.mothering.com/resources/map.pdf If I had to pick a favorite, it would definitely be a state with an enforcement provsion.

Hope that is helpful.

[HappyFox05]

OP-Feeling your pain

We're getting ready to move to VA from Korea, where little old ladies will lean over and check on DD's latch while we're sitting on the subway platform.

[nataliebassoon]

Originally Posted by justJen

Maryland's...
"(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."

Kansas's breastfeeding law is almost identical. I think it's great! And I have never run into any problems with NIP here even though we are quite a rural state, so one might expect people to be more conservative.

[alysmommy2004]

I've never even checked NC's law (will do that now ), but I miss Maryland's law. By MD law any BFing related supplies (pumps, nursing clothes, etc) were tax exempt. Prior to that I lived in VA and I agree, their law sucks! I've nursed in a few other states on vacation or what not and I don't even bother to look up the law.

[pookel]

Originally Posted by kriket

oh, I understand, but that doesn't mean that my mind isn't boggled at the same time! Some people think that something they don't like is illegal until a law is made otherwise? dorks.

Well, some states (most, maybe) have laws against public indecency that might otherwise be used against a nursing mother who flashes a bit of nipple. Laws that specifically allow NIP exempt them from being hassled under the indecency laws.

[*MamaJen*]

Originally Posted by HappyFox05

We're getting ready to move to VA from Korea, where little old ladies will lean over and check on DD's latch while we're sitting on the subway platform.