Topic : 10/07 The Latest Debates

Cal. Civ. Code §43.3
1997 Cal ALS 59; 1997 Cal AB 157; Stats 1997 ch 59  

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 child are authorized to be present.  

Alaska: 

Alaska Stat. § 01.10.060(b), § 29.25.080
1998 AK. ALS 78; 1998 AK. Sess. Laws 78; 1998 AK. Ch. 78; 1997 AK. SB 297 

Sec. 01.10.060 (b) In the laws of the state, 'lewd conduct,' 'lewd touching,' 'immoral conduct,' 'indecent conduct,' and similar terms do not include the act of a woman breast-feeding a child in a public or private location where the woman and child are otherwise authorized to be. Nothing in this subsection may be construed to authorize an act that is an offense under AS 11.61.123. 

Sec. 29.25.080. Breast-feeding. 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. In a municipal ordinance, 'lewd conduct,' 'lewd touching,' 'immoral conduct,' 'indecent conduct,' and similar terms do not include the act of a woman breast-feeding a child in a public or private location where the woman and child are otherwise authorized to be. Nothing in this section may be construed to authorize an act that is an offense under a municipal ordinance that establishes an offense with elements substantially equivalent to the elements of an offense under AS 11.61.123. This section is applicable to home rule and general law municipalities. 

The state of Colorado is particularly hardcore on the issue (like CA and NY). Their offical laws read: 

C.R.S.25-6-302. Breastfeeding. 

A mother may breastfeed in any place she has a right to be. 

C.R.S. 25-6-301. Legislative declaration. 

(1) The general assembly hereby finds and declares that:  

(a) The American Academy of Pediatrics recommends breastfeeding exclusively for the first six months of an infant's life but continuing with other forms of nutrition for at least the first twelve months of an infant's life and as long thereafter as is mutually desired.  

(b) The American Academy of Pediatrics has continuously endorsed breastfeeding as the optimal form of nutrition for infants and as a foundation for good feeding practices. Extensive research indicates that there are diverse and compelling advantages to breastfeeding for infants, mothers, families, and society.  

(c) Epidemiologic research shows that breastfeeding of infants provides benefits to their general health, growth, and development and results in significant decreases in risk for numerous acute and chronic diseases.  

(d) Research in developed countries provides strong evidence that breastfeeding decreases the incidence and severity of diarrhea, lower respiratory infection, otitis media, and urinary tract infection.  

(e) Research studies have also shown that human milk and breastfeeding have possible protective effects against the development of a number of chronic diseases, including allergic diseases and some chronic digestive diseases. In addition, human milk and breastfeeding may prevent obesity.  

(f) In addition, breastfeeding has been related to the possible enhancement of cognitive development.  

(g) Breastfeeding has been shown to have numerous health benefits for mothers, including an earlier return to prepregnant weight, delayed resumption of ovulation with increased child spacing, improved bone remineralization postpartum with reduction in hip fractures in the postmenopausal period, and reduced risk of ovarian cancer and premenopausal breast cancer, as well as increased levels of oxytocin, resulting in less postpartum bleeding and more rapid uterine involution.  

(h) In addition to individual health benefits, breastfeeding results in substantial benefits to society, including reduced health care costs, reduced environmental damage, reduced governmental spending on the women, infants, and children supplementary feeding programs, and reduced employee absenteeism for care attributable to infant illness. 

(i) Breastfeeding is a basic and important act of nurturing that should be encouraged in the interests of maternal and infant health. 

(2) The general assembly further declares that the purpose of this part 3 is for the state of Colorado to become involved in the national movement to recognize the medical importance of breastfeeding, within the scope of complete pediatric care, and to encourage removal of societal boundaries placed on breastfeeding in public. 

In Connecticut you can get arrested an fined for interfering with a woman breastfeeding. Employers also are required by law to allow employees to breastfeed on the job (but not in a toilet stall): 

Conn. Gen. Stat. § 46a-64, and § 53-34b
1997 Ct. ALS 210; 1997 Ct. P.A. 210; 1997 Ct. SB 260  

Section 46a-64 provides: (Formerly Sec. 53-35). Discriminatory public accommodations practices prohibited.
(a) It shall be a discriminatory practice in violation of this section ... (3) for a place of public accommodation, resort or amusement to restrict or limit the right of a mother to breast-feed her child; ... (c) Any person who violates any provision of this section shall be fined not less than twenty-five nor more than one hundred dollars or imprisoned not more than thirty days or both. 

§ 53-34b. Deprivation of the right to breast-feed one's child.
No person may restrict or limit the right of a mother to breast-feed her child. 

Conn. Gen. Stat. § 31-40w
2001 Ct. ALS 182; 2001 Ct. P.A. 182; 2001 Ct. HB 5656  

  (a) Any employee may, at her discretion, express breast milk or breastfeed on site at her workplace during her meal or break period.
  (b) An employer shall make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a toilet stall, where the employee can express her milk in private.
  (c) An employer shall not discriminate against, discipline or take any adverse employment action against any employee because such employee has elected to exercise her rights under subsection (a) of this section.
  (d) As used in this section, "employer" means a person engaged in business who has one or more employees, including the state and any political subdivision of the state; "employee" means any person engaged in service to an employer in the business of the employer; "reasonable efforts" means any effort that would not impose an undue hardship on the operation of the employer's business; and "undue hardship" means any action that requires significant difficulty or expense when considered in relation to factors such as the size of the business, its financial resources and the nature and structure of its operation. 

31 Del. C. § 310
1997 Del. ALS 10; 71 Del. Laws 10; 1997 Del. HB 31  

Breast-feeding.
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, wherein the mother is otherwise permitted.  

Florida (another particularly pro-breastfeeding state): 

Fla. Stat. Ann. § 383.015
1993 Fl. ALS 4; 1993 Fla. Laws ch. 4; 1993 Fla. HB 231 

The breast feeding of a baby is an important and basic act of nurture which must be encouraged in the interests of maternal and child health and family values. 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.  

Fla. Stat. 800.02, 800.03, 800.04 

Statute language omitted. These statutes exclude breastfeeding from various sexual offenses, from the definition of an unnatural and lascivious act.  

Fla. Stat. § 827.071 (Child abuse statute) 

  (g) "Sexual conduct" means ... A mother’s breastfeeding of her baby does not under any circumstances constitute "sexual conduct." 

Fla .Stat. §383.016, , 383.016, 383.311, and 363.318
Section 383.016 of the Florida Statutes, provides for a breast-feeding encouragement policy for facilities providing maternity services and newborn infant care and authorizing use of "baby-friendly" designation. Sections 383.016, 383.311, and 363.318 of the Florida Statutes relating to breast feeding, administration of maternal and child health programs, education for birth center clients, and postpartum care for birth center clients, requiring encouragement of breastfeeding 

Georgia: 

Ga. Code An. § 31-1-9 

The breast-feeding of a baby is an important and basic act of nurture which should be encouraged in the interests of maternal and child health. A mother may breast-feed her baby in any location where the mother and baby are otherwise authorized to be.  

Ga. Code An. § 34-1-6 

  (a) As used in this Code section, the term 'employer' means any person or entity that employs one or more employees and shall include the state and its political subdivisions.
  (b) An employer may provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. The employer may make reasonable efforts to provide a room or other location (in close proximity to the work area), other than a toilet stall, where the employee can express her milk in privacy. The break time shall, if possible, run concurrently with any break time already provided to the employee. An employer is not required to provide break time under this Code section if to do so would unduly disrupt the operations of the employer.  

Hawaii: 

HRS §489-21, HRS §489-22 

§489-21 Discriminatory practices; breast feeding.
 

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 breast feeding a child.  

§489- 22 Private cause of action.
Any person who is injured by an unlawful discriminatory practice under this part may bring proceedings to enjoin the unlawful discriminatory practice, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees, the cost of suit, and $100. Any action under this part shall be subject to the jurisdiction of the district courts as provided in chapter 604, and may be commenced and conducted in the small claims division of the district court.  

Note that Section 489-23 states that the Hawaii civil rights commission does not have jurisdiction to enforce the law relating to breastfeeding. 

History: Approved by the Governor June 14, 2000. 

HRS § 378-2, HRS §378-10 

§378 – 10.2 Breastfeeding.
No employer shall prohibit an employee from expressing breastmilk during any meal period or other break period required by law to be provided by the employer or required by collective bargaining agreement. 

§378-2 Discriminatory practices made unlawful; offenses defined.
It shall be an unlawful discriminatory practice: ...
  (7) For any employer or labor organization to refuse to hire or employ, or to bar or discharge from employment, or withhold pay, demote or penalize a lactating employee because an employee breastfeeds or expresses milk at the workplace. For purposes of this paragraph, the term "breastfeeds" means the feeding of a child directly from the breast 

In the state of Idaho, breastfeeding women are excempt from jury duty. 

Illinois: 

Section 5. Purpose. The General Assembly finds that breast milk offers better nutrition, immunity, and digestion, and may raise a baby's IQ, and that breastfeeding offers other benefits such as improved mother-baby bonding, and its encouragement has been established as a major goal of this decade by the World Health Organization and the United Nations Children's Fund. The General Assembly finds and declares that the Surgeon General of the United States recommends that babies be fed breastmilk, unless medically contraindicated, in order to attain an optimal healthy start. 

Section 10. Breastfeeding Location. 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 appropriatein that place of worship. 

Section 15. Private right of action. A woman who has been denied the right to breastfeed by the owner or manager of a public or private location, other than a private residence or place of worship, may bring an action to enjoin future denials of the right to breastfeed. If the woman prevails in her suit, she shall be awarded reasonable attorney's fees and reasonable expenses of litigation. 

Section 99. Effective date. This Act takes effect upon becoming law.
 

720 ILCS 5/11-9,
1995 ILL. ALS 59; 1995 Ill. Laws 59; 1995 ILL. P.A. 59; 1995 ILL. SB 190;  

  Sec. 11-9. Public indecency. (a) Any person of the age of 17 years and upwards who performs any of the following acts in a public place commits a public indecency: ...
  (2) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person. Breast-feeding of infants is not an act of public indecency. 

20 ILCS 2310/2310-442
1997 ILL. ALS 24; 1997 Ill. Laws 244; 1997 ILL. P.A. 244; 1997 ILL. SB 404  

Permits the Department of Health to conduct a public campaign on breastfeeding. The Department may include the information in a brochure prepared under Section 55.64 or in a brochure that shares other information with the general public and is distributed free of charge. The information required under this Section may be distributed to the parents or legal custodians of each newborn upon discharge of the infant from a hospital or other health care facility. 

20 ILCS 1305/10-25
1997 ILL. ALS 290; 1997 Ill. Laws 290; 1997 ILL. P.A. 290; 1997 ILL. HB 619  

Sec. 10-25. Women, Infants, and Children Nutrition Program.  

(e) The Department may include a program of lactation support services as part of the benefits and services provided for pregnant and breast feeding participants in the women, infants and children nutrition program. The program may include payment for breast pumps, breast shields, or any supply deemed essential for the successful maintenance of lactation, as well as lactation specialists who are registered nurses, licensed dietitians, or persons who have successfully completed a lactation management training program. 

820 ILCS 260/1 et seq.
2001 ILL. ALS 68; 2001 Ill. Laws 68; 2001 ILL. P.A. 68; 2001 ILL. SB 542  

Sec. 1. Short title. This Act may be cited as the Nursing Mothers in the Workplace Act.  

Section 10. Break time for nursing mothers.
An employer shall provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. The break time must, if possible, run concurrently with any break time already provided to the employee. An employer is not required to provide break time under this Section if to do so would unduly disrupt the employer's operations.  

Section 15. Private place for nursing mothers.
An employer shall make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a toilet stall, where an employee described in Section 10 can express her milk in privacy.  

Indiana: 

Ind. Code. IC § 16-35-6-1
As added by P.L.125-2003, SEC.1.  

Notwithstanding any other law, a woman may breastfeed her child anywhere the woman has a right to be. 

Iowa: 

Iowa Code § 607A.5, 2002
Iowa House File #2350, 1994
1994 Ia. ALS 1196; 1994 Ia. Ch. 1196; 1994 Ia. LAWS 1196; 1994 Ia. HF 2350 

607A.5 Automatic Excuse From Jury Service  

A person shall be excused from jury service if the person submits written documentation verifying, to the court's satisfaction, that the person is solely responsible for the daily care of a permanently disabled person living in the person's household and that the performance of juror service would cause substantial risk of injury to the health of the disabled person or that the person is the mother of a breastfed child and is responsible for the daily care of the child. However, if the person is regularly employed at a location other than the person's household, the person shall not be excused under this section. 

Iowa Code § 135.30A, 2002
2000 Ia. ALS 1140; 2000 Ia. Ch. 1140; 2000 Ia. LAWS 1140; 1999 Ia. SF 2302 

135.30A Breastfeeding in Public Places
  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. 

Louisiana (My favorite wording): 

L.R.S. 51 § 2247.1
2001 La. ALS 576; 2001 La. ACT 576; 2001 La. HB 377  

Section 2247.1. Breastfeeding; Discriminatory Practices Prohibited
A. Legislative Findings and Declarations.
  (1) The Legislature of Louisiana hereby finds that the Surgeon General of the United States recommends that babies from birth to one year of age be breastfed, unless medically contraindicated, in order for the babies to attain an optimal healthy start in life, but that despite that recommendation, statistics reveal a declining percentage of mothers who are now choosing to breastfeed their babies, and nearly half of all new mothers are choosing formula over breastfeeding before they even leave the hospital.
  (2) The Legislature further finds that breast milk provides better nutrition and more immunity to disease, is easier for babies to digest, and may raise a baby's intelligence quotient, but that the social constraints of modern society work against the choice of breastfeeding and lead new mothers with demanding time schedules to opt for formula feeding for reasons such as embarrassment and the fear of social ostracism or criminal prosecution.
  (3) The Legislature does hereby declare that the promotion of family values and infant health demands that our society put an end to the vicious cycle of embarrassment and ignorance that constricts women and men alike on the subject of breastfeeding, and that in a genuine effort to promote family values, our society should encourage public acceptance of this most basic act of nurture between mother and baby and should take appropriate steps to ensure that no mother is made to feel incriminated or socially ostracized for breastfeeding her baby.  

B. Right to Breastfeed.
  Notwithstanding any other provision of law to the contrary, a mother may breastfeed her baby in any place of public accommodation, resort, or amusement.  

C. "Discriminatory Practice in Connection with Public Accommodations" to Include a Discriminatory Practice Against a Mother Breastfeeding her Baby.
   Any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a mother breastfeeding her baby shall be a "discriminatory practice in connection with public accommodations" for the purposes of this chapter.  

D. Breastfeeding; Discriminatory Practices Prohibited.
  It is a discriminatory practice in connection with public accommodations for a person to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement, as defined in this chapter, on the grounds that the individual is a mother breastfeeding her baby. This discriminatory practice in connection with public accommodations is prohibited. 

E. Breastfeeding Not a Violation of Law.
  A mother breastfeeding her baby in any location, public or private, where the mother is otherwise authorized to be, shall not be deemed to be in violation of r.s. 14:106 or of any other provision of law.  

Maine: 

5 M.R.S. § 4634,
2001 Me. ALS 206; 2001 Me. Laws 206; 2001 Me. Ch. 206; 2001 Me. HP 1039  

Right to Breast-feed
  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.  

The state of Maryland not only promotes breastfeeding, but they omit breastfeeding supplies from sales tax!: 

Md. Code §20-801.
S.B. 223, Chap. 369
Signed by Governor, 5/22/03 

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. 

Md. Code Ann §11-211
2001 Md. ALS 137; 2001 Md. Laws 137; 2001 Md. Chap. 137; 2001 Md. SB 252,  

(b) The sales and use tax does not apply to a sale of:
 19) tangible personal property manufactured for the purpose of initiating, supporting or sustaining breast-feeding, including breast pumps, breast pump kits, nipple enhances, breast shields, breast shells, supplemental nursing systems, softcup feeders, feeding tubes, breast milk storage bags, periodontal syringes, finger feeders, haberman feeders, and purified lanolin.  

Michigan: 

MCLS § 41.181, § 67.1, § 117.4i, § 117.5h,
1994 Mi. ALS 313 - 315; 1994 Mi. P.A. 313 - 315; 1994 Mi. SB 107 – 109 

Amends various sections of the Michigan criminal code to expressly state that public nudity does not include a woman's breastfeeding of a baby whether or not the nipple or areola is exposed during or incidental to the feeding.  

Minnesota: 

Minn. Stat. § 145.894, 2002
1990 Minn. ALS 568; 1990 Minn. Chapter Law 568;1990 Minn. S.F. No. 2621; 

The commissioner of health shall:  

(a) Develop a comprehensive state plan for the delivery of nutritional supplements to pregnant and lactating women, infants, and children; ... 

(c) Develop and implement a public education program promoting the provisions of sections 145.891 to 145.897, and provide for the delivery of individual and family nutrition education and counseling at project sites. The education program must include information about breastfeeding.  

Minn. Stat. § 181.939
1998 Minn. ALS 369; 1998 Minn. Chapter Law 369; 1997 Minn. S.F. No. 2751  

181.939 Nursing Mother
  An employer must provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. The break time must, if possible, run concurrently with any break time already provided to the employee. An employer is not required to provide break time under this section if to do so would unduly disrupt the operations of the employer.
  The employer must make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a toilet stall, where the employee can express her milk in privacy. The employer would be held harmless if reasonable effort has been made. 

Minn. Stat. § 617.23 

Indecent Exposure; Penalties
(d) It is not a violation of the indecent exposure statute for a woman to breast feed. 

Minn. Stat. § 145.905
1998 Minn. ALS 407; 1998 Minn. Chapter Law 407; 1997 Minn. S.F. No. 3346 

145.905 Location for Breast-Feeding
A mother may breastfeed 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.  

2002 Minn. Laws. Ch. 269 

Requests that the Minn. Supreme Court Jury Reform taskforce look at the issue of nursing mothers and jury duty. Note that a draft of the Taskforce December 2001 report recommended that judges take into account the needs of nursing. Proposed legislation to excuse nursing nursing mothers has not been put into law. 

Minn. Stat. § 145.894
1990 Minn. ALS 568; 1990 Minn. Chapter Law 568;1990 Minn. S.F. No. 2621; 

The commissioner of health shall:  

(a) Develop a comprehensive state plan for the delivery of nutritional supplements to pregnant and lactating women, infants, and children; ... 

(c) Develop and implement a public education program promoting the provisions of sections 145.891 to 145.897, and provide for the delivery of individual and family nutrition education and counseling at project sites. The education programs must include a campaign to promote breast-feeding 

Montana:  

Mont. Code Anno., § 50-19-501
1999 Mt. ALS 299; 1999 Mt. Laws 299; 1999 Mt. Ch. 299; 1999 Mt. SB 398  

Nursing mother and infant protection.
(1) The Montana legislature finds that breastfeeding a baby is an important and basic act of nurturing that must be protected in the interests of maternal and child health and family values. A mother has a right to breastfeed the mother's child in any location, public or private, where the mother and child are otherwise authorized to be present, irrespective of whether or not the mother's breast is covered during or incidental to the breastfeeding.
(2) A unit of local government may not prohibit breastfeeding in public by local ordinance.
(3) The act of breastfeeding may not be considered
  (a) a nuisance as provided in Title 27, chapter 30;
  (b) indecent exposure as provided for in 455504;
  (c) sexual conduct as defined in 455620(1)(f); or
  (d) obscenity as provided for in 458201. 

The state of Nebraska exempts nursing mothers from jury duty. 

Nevada (another one of my personal favorites): 

Nev. Rev. Stat. Ann. § 201.210, § 201.220, § 201.232
1995 Nev. ALS 105; 1995 Nev. Stat. 105; 1995 Nev. Ch. 105; 1995 Nev. SB 317 

§ 201.232. Breast feeding: Legislative intent; authorized in any public or private location where mother is authorized to be
 1. The legislature finds and declares that:
 (a) The medical profession in the United States recommends that children from birth to the age of 1 year should be breast fed, unless under particular circumstances it is medically inadvisable. 
(b) Despite the recommendation of the medical profession, statistics reveal a declining percentage of mothers who are choosing to breast feed their babies.
(c) Many new mothers are now choosing to use formula rather than to breast feed even before they leave the hospital, and only a small percentage of all mothers are still breast feeding when their babies are 6 months old. 
(d) In addition to the benefit of improving bonding between mothers and their babies, breast feeding offers better nutrition, digestion and immunity for babies than does formula feeding, and it may increase the intelligence quotient of a child. Babies who are breast fed have lower rates of death, meningitis, childhood leukemia and other cancers, diabetes, respiratory illnesses, bacterial and viral infections, diarrheal diseases, otitis media, allergies, obesity and developmental delays. 
(e) Breast feeding also provides significant benefits to the health of the mother, including protection against breast cancer and other cancers, osteoporosis and infections of the urinary tract. The incidence of breast cancer in the United States might be reduced by 25 percent if every woman breast fed all her children until they reached the age of 2 years. 
 f) The World Health Organization and the United Nations Children's Fund have established as one of their major goals for the decade the encouragement of breast feeding. 
(g) The social constraints of modern society weigh against the choice of breast feeding and lead new mothers with demanding time schedules to opt for formula feeding to avoid embarrassment, social ostracism or criminal prosecution. 
(h) Any genuine promotion of family values should encourage public acceptance of this most basic act of nurture between a mother and her baby, and no mother should be made to feel incriminated or socially ostracized for breast feeding her child.
   2. 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. 

Nev. Rev. State. § 201.210
1. A person who commits any act of open or gross lewdness is guilty:
   (a) For the first offense, of a gross misdemeanor.
    (b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.
2. For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open or gross lewdness. 

Nev. Rev. State. § 201.220
1. A person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty:
   (a) For the first offense, of a gross misdemeanor.
   (b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130
2. For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open and indecent or obscene exposure of her body. 

New Hampshire: 

N.H. Rev.Stat. Ann. §132:10-d )
New Hampshire House Bill # 441, 1999 

Breastfeeding.
Breastfeeding a child does not constitute an act of indecent exposure and to restrict or limit the right of a mother to breastfeed her child is discriminatory. 

New Mexico: 

N.M. Stat. Ann. § 28-20-1
1999 N.M. ALS 117; 1999 N.M. Laws 117; 1999 N.M. Ch. 117; 1999 N.M. SB 545  

sect; 28-20-1. Right to breastfeed. 

A mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present 

North Carolina: 

N.C. Gen. Stat. sec. 14-190.9
1993 N.C. ALS 301; 1993 N.C. Sess. Laws 301; 1993 N.C. Ch. 301; 1993 N.C. HB 1143  

"§ 14-190.9. Indecent exposure.
(B) 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.  

Ohio: 

Sec. 3781.55. A mother is entitled to breast-feed her baby in any location of a place of public accommodation wherein the mother otherwise is permitted. 

Oklahoma: 

Title 63, Section 1-234.1 (new) 

"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. Breast-feeding shall not constitute a violation of any provision of Title 21 of the Oklahoma Statutes." 

"C. Mothers who are breast-feeding a baby, upon their request, shall be exempt from service as jurors." 

Oregon: 

ORS § 109.001
1999 Ore. ALS 306; 1999 Ore. Laws 306; 1999 Ore. SB 744  

A woman may breastfeed her child in a public place. 

ORS § 10.050
999 Ore. ALS 1085; 1999 Ore. Laws 1085; 1999 Ore. SB 1304  

... (4) a Judge of the Court or Clerk of Court shall excuse a woman from acting as a juror upon the request of the woman if the woman is breastfeeding a child. A request for excuse from jury service under this subsection must be made in writing. 

The state of Pennsylvania has no laws about breastfeeding. However, the city of Philidelphia does: 

City Ordinance 1996 Amends Section 9-1105 of the Fair Practices Code entitled "Unlawful Public Accommodations Practice" to prohibit a breastfeeding mother from or segregate a breastfeeding mother within any public accommodation where she would otherwise be authorized to be irrespective of whether or not the nipple of the mother's breast is covered during or incidental to breastfeeding.  

Rhode Island: 

R.I. Gen. Laws § 11-45-1
11-45-1. Disorderly conduct. -- (a) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly...
(e) In no event shall the provisions of this section be construed to apply to breastfeeding in public 

South Dakota  exempts breastfeeding in public from their indecent exposure statutes 

Tennessee requires employers to offer non-bathroom places for nursing women to breastfeed or pump their milk. 

Texas: 

Tex. Health & Safety Code § 165.001 et seq.
1995 Tex. ALS 600; 1995 Tex. Gen. Laws 600; 1995 Tex. Ch 600; 1995 Tex. HB 359  

Chapter 165. Breast-Feeding
Subchapter A. Breast-Feeding Rights and Policies
Sec. 165.001. Legislative Finding
The legislature finds that breast-feeding a baby is an important and basic act of nurture that must be encouraged in the interests of maternal and child health and family values. In compliance with the breast-feeding promotion program established under the Federal Child Nutrition Act of 1966 (42 U.S.C. section 1771 et seq.), the Legislature recognizes breast-feeding as the best method of infant nutrition.
    

Sec. 165.002. Right to Breast-Feed
A mother is entitled to breast-feed her baby in any location in which the mother is authorized to be.
    

Utah: 

17-15-25. Right to Breast Feed.
The County Legislative Bodies 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 breastfeeding.  

76-9-702. Lewdness -- Gross lewdness.
(5) A woman's breast feeding, including breast feeding in any place where the woman otherwise may rightfully be, does not under any circumstance constitute a lewd or grossly lewd act, irrespective of whether or not the breast is covered during or incidental to feeding 

Virginia: 

Va. Code Ann. §2.2-1147.1, 2002
Virginia House Bill # 1264, 2002 

Right to breast-feed 

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.  

Washington: