Arizona



Public Breastfeeding Law

Section 22-1-13

Breastfeeding children in public or private locations.

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

(Act 2006-526, p. 1222, §1.)

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13-1402. Indecent exposure; exception; classification

A. A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act.

B. Indecent exposure does not include an act of breast-feeding by a mother.

Enforcement Provision

None

 

Workplace Pumping Law

None

 

Workplace Pumping Enforcement Provision

None



22 Responses to “Arizona”

  1. Carrie says:

    In Arizona, breastfeeding is also explicitly excluded from the indecent exposure statutes.

    13-1402. B. Indecent exposure does not include an act of breast-feeding by a mother.

    http://www.azleg.state.az.us/ars/13/01402.htm

  2. […] Initially her play with the baby was a bit awkward.  Not being sure how to handle the baby lead me to giving her a few nursing pointers on the various nursing holds while giving me flashbacks to working with my own clients after birth.  Doing my due diligence I also let her know that she can breastfeed her baby anywhere shes’ legally allowed to be, it’s the law in Arizona. […]

  3. Emilia says:

    Here is a link to an article with updated 50 state survey information.

    http://www.morganlewis.com/pubs/Andrews_LactationBreaks_Fall2012.pdf

    • admin says:

      Thanks for the law review article. While she finds weakness in the federal law beyond what I have written about, you can see when she discusses remedies she comes to the same conclusion – the remedy does not fit the requirements of the law. Lost wages will not change your current working conditions.

    • admin says:

      Also, I don’t see anything more updated than my site. Did you?

  4. Christine says:

    So, in AZ, I have the legal right to breastfeed anywhere that I have permission to be myself. BUT the place may choose to say I am unwelcome there at which point I have to leave, and there’s nothing I can do about it?

    • admin says:

      Exactly right. Unfortunately.

    • Ashleigh says:

      I don’t think that’s what it means, it believe it means if you could be there not breastfeeding, you can be there breastfeeding. ex:If you don’t have to permission to be backstage at a concert than obviously you cant feed there.

      • admin says:

        It means this as well. Your right to be in a space can be rescinded by the owner in all states without enforcement provisions AND you can’t bring a child in to places a child is not allowed to be.

  5. Phyllis Adamson says:

    Current version of the BF in public section of Title 13 Criminal Code, 1402.B http://www.azleg.gov/ars/13/01402.htm
    When the law was originally written, one of the major supporters was the Chamber of Commerce. They said they would pull their support if there was a penalty section added. The proposed penalty was all of $25.00. So the decision was to get what they could and work on a revision or addendum later.

    • admin says:

      Sadly enforcement provisions are removed with that promise to return all the time. State legislatures never return. :(

  6. Karl Wagner says:

    We are nuts! “A mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present.” !!??!! See ya at church!!! I’ll be next to the lady breast feeding during the sermon. I’m sure nobody will fall asleep while the preacher is preaching. I wonder how our courts would respond if a woman is breast feeding while standing before the judge. We’ve gone to hades in a hand basket. But we don’t want to infringe on her “rights”. Never mind my right not to have to see that. Oh, but it’s a natural thing. So is taking a crap, but we do it behind closed doors.

    • admin says:

      You are a sad creature. The first place I ever saw a woman breastfeed was in church. If you equate feeding an infant with evacuating your bowels, you may need professional help.

    • Jade says:

      I breastfeed my daughter all the time in church! If you don’t like it then don’t look! No one is forcing you to do so! A baby has a right to eat anywhere just like you!

  7. Phyllis Adamson says:

    Pope Francis welcomes and personally encourages mothers to breastfeed their babies any time, anywhere, including in his presence during prayer services inside and outside the Vatican. Who are we to say he is wrong?

  8. Phyllis Adamson says:

    The issue about a courtroom situation is worth pointing out. Mother has either a right (gallery) or an obligation (participant) to be there but minors are not allowed without permission of the Court (the Judge). I should check out our Superior Court building to see if they have any “Family Rooms”.

  9. […] She also mentions that many moms feel that they need to cover themselves while nursing in public. […]

  10. Mirna says:

    Does the employer HAVE to provide the mother a room to pump milk? She can’t do it in a bathroom stall, that’s disgusting. How much time does a mother get to pump? If she’s full time how many times a day?

  11. Cristina says:

    So I read what enforcement law means, but to be clear if i am breastfeeding in public and an employee other than the owner of the establishment asks me to stop or cover up or leave I could refuse until I have been asked by the owner? What about store managers?

  12. Phyllis Adamson says:

    Here is info about the federal law on workplace support:
    Mostly, it refers to employers with 50+ employees. However most small businesses have fewer than 50 employees. They may claim an exemption from the federal law based on that. However – and Jake is THE legal authority here – my own understanding is that the exemption based on lower numbers of employees is not automatic. The small business must apply for that federal exemption. That takes paperwork and time. Until the feds grant that exemption, the business is expected to comply with this federal law. Again – always defer to Jake. I am NOT an attorney.