Yes: breastfeeding in public is legal in all 50 US states. The last two holdouts, Utah and Idaho, passed laws in 2018, and by July of that year every state, plus Washington, D.C., and the U.S. Virgin Islands, had a law explicitly allowing a parent to nurse a baby in public. The details differ from state to state, though, and many of these laws are easier to cite than to enforce.
Here is what the laws actually say, how the final two states got there, what federal law adds, and what to know if someone tells you to cover up or leave.
What "legal in all 50 states" really means
Every state now has a statute that says, in one form or another, that a mother may breastfeed in any public or private place where she is otherwise allowed to be. Before these laws, nursing parents had little to fall back on when a business owner, a security guard or another customer objected. In some situations a police officer answering a complaint could even treat breastfeeding as public indecency.
The protections are not identical everywhere:
- Indecency exemptions. At least 29 states, plus D.C. and the Virgin Islands, specifically say that breastfeeding is not indecent exposure or lewd conduct.
- Right to breastfeed. Most states state the right in general terms, without saying what happens if it is violated.
- Enforcement. Only some states give parents a clear way to take action, such as a civil complaint or a fine against a business that throws them out. In others, the law is mainly a statement of principle.
So the law is on your side everywhere in the country, but how much it helps in a dispute depends on where you live.
Utah's bill passed committee by a single vote
Utah's law, House Bill 196, the Breastfeeding Protection Act, was sponsored by Republican Representative Justin Fawson. It says a woman may breastfeed in any place of public accommodation, which covers shops, restaurants, parks and other places open to the public.
The bill nearly stalled at the start. In February 2018 the House Business and Labor Committee approved it 6 to 5, with two members absent. Fawson told local public radio station KUER, "I don't feel like we should ever relegate a mom to a restroom to breastfeed their child." He said his aim was to make nursing in public feel normal.
The sticking point was modesty. The first draft made clear that it did not matter whether the breast was covered. Representative R. Curt Webb, one of the five committee members who voted no, said he was uncomfortable with mothers not having to cover up at all, adding, "It's really in your face."
Once the wording about covering was taken out, the bill moved quickly. It passed the full House 66 to 5 and the Senate 22 to 2. Governor Gary Herbert signed it on 16 March 2018, and it took effect on 8 May 2018.
A parent nursing an infant in public. Photo: Ezequiel Becerra/Getty Images.
Idaho became the final state
Idaho's path was smoother in 2018, though it had taken a long time to get there. A similar bill proposed in 2003 never made it out of committee. In 2018 the new measure passed without a single vote against it. It protects nursing mothers from being charged with indecent exposure for breastfeeding in public, and with its arrival in the summer of 2018, all 50 states were covered.
The online reaction was a mix of relief and disbelief that it had taken until 2018. One widely shared tweet joked about a "solution" for people who are uncomfortable seeing a mother feed her baby in public:
For those who are not comfortable with Mothers breastfeeding in public! We found a solution ✊🏿 pic.twitter.com/QItaWfhO6Q
— Yomi (@Yommie_Scream) July 19, 2018
(This post is no longer available on X.)
Why it took so long
For decades, parents were asked to leave restaurants, pools, planes and shops after someone complained, and these incidents regularly made local news. Advocates answered with letter-writing campaigns, lobbying and "nurse-ins", where groups of parents breastfeed together in a public place to make the point that it is ordinary.
Who sits in state legislatures also plays a part. In 2018 only about one in four US state legislators were women, a share that had changed little over the previous two decades. Utah's House Business and Labor Committee, which so nearly blocked the bill, had eleven men and one woman. Lawmakers who have never nursed a baby are not automatically opposed to protecting it, but they may be less aware of how practical the problem is for a parent with a hungry infant.
Eligia Spinosa breastfeeds her two-month-old son outside New York's City Hall during a 2014 rally in support of breastfeeding in public. Photo: Andrew Burton/Getty Images.
What federal law adds
State laws are only part of the picture. A 1999 federal law allows a woman to breastfeed anywhere in a federal building or on federal property where she and her child are otherwise permitted to be, which covers places such as national parks, post offices and federal offices.
At work, the Affordable Care Act of 2010 amended the Fair Labor Standards Act to require reasonable break time for employees to express milk for up to a year after birth, in a private space that is not a bathroom. The PUMP for Nursing Mothers Act, signed on 29 December 2022, extended those protections to many more workers who had been left out. Many states add stronger rules of their own; by 2018, 28 states already had workplace protections, and some exempt breast pumps from sales tax.
Common objections, and the facts
"Breastfeeding in public is indecent."
The law in every state now says otherwise. Breasts have a sexual role for many adults, but their biological purpose is feeding infants. Feeding a baby is no more a sexual act than eating is, even though mouths have more than one use too.
"Just use a restroom."
Few adults would choose to eat lunch in a toilet stall, and the same goes for babies. Restrooms are also far from ideal places to feed an infant, and federal workplace rules specifically say a bathroom does not count as a lactation space.
"She should cover up."
Some parents like a cover; many babies refuse to feed under one, especially in hot weather. Most state laws do not require covering, and Utah's debate showed how that question can stall a bill. For anyone uncomfortable, looking elsewhere is far simpler than asking a parent to wrestle a blanket over a squirming baby.
"Why does it matter so much?"
Breastfeeding is common. According to the US Centers for Disease Control and Prevention, about 81 percent of newborns were breastfed in 2016, compared with 24 percent in 1971. Babies feed often and on their own schedule, so parents who breastfeed need to be able to do it wherever they are.
If you are asked to stop or leave
- Stay calm and know your rights. Look up your state's breastfeeding law beforehand and keep a screenshot on your phone. Many parents find that politely mentioning the law ends the conversation.
- Ask for a manager. Staff members often do not know the law, and a manager may be quicker to correct the mistake.
- Write down the details. Note the date, time, place and names, in case your state allows a complaint.
- Contact local support groups. Breastfeeding coalitions and lactation consultants can explain your options, and for any questions about feeding itself, talk to a doctor or midwife.
The laws passed in 2018 did not end every awkward encounter, but they settled the legal question: across the United States, feeding a baby in public is a right, not a favor.
Sources: Utah State Legislature: H.B. 196 Breastfeeding Protection Act (2018); Christian Science Monitor / Stateline: All US states now allow breastfeeding in public (2018); Wikipedia: Breastfeeding in public; quotes reported by KUER 90.1; original story by Upworthy. Photos: Ezequiel Becerra, Andrew Burton and Timothy Clary/Getty Images; video: Upworthy.
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