Maryland
Maryland law (Health Code – General § 20-801 Breast-feeding of children) provides that:
(a) In general.- A mother may breast-feed her child in any public or private location in which the mother and child are authorized to be.
(b) Restriction of right prohibited.- A person may not restrict or limit the right of a mother to breast-feed her child.
Washington, D.C.
D.C. law (DC Code § 2-1402.81 et seq.,) protects the right of women to breastfeed in public or private and exempts breastfeeding from indecent exposure prohibitions. Specifically, D.C. provides for the following:
(b) It shall be an unlawful discriminatory practice to deny a woman any right provided under this section.
(c) (1) A woman shall have the right to breastfeed her child in any location, public or private, where she has the right to be with her child, without respect to whether the mother's breast or any part of it is uncovered during or incidental to the breastfeeding of her child.
(2) Notwithstanding any other provision of District of Columbia law governing indecent exposure or the definition of the private or intimate parts of a female person, including that portion of the breast that is below the top of the areola, a woman shall have the right to breastfeed in accordance with this section.
Delaware
Delaware law (31 § 310) similarly entitles women to breastfeed their children in public or private: “Notwithstanding any provisions of law to the contrary, a mother shall be entitled to breast-feed her child in any location of a place of public accommodation wherein the mother is otherwise permitted.”
Jury Duty
None of Maryland, D.C., or Delaware has laws specifically addressing breastfeeding and jury duty. Accordingly, excusal from or deferral of service would be in the discretion of individual judges. It is advisable to indicate any inability to serve due to breastfeeding upon first contact from the court, such as when you receive a jury questionnaire prior. You may also wish to contact the clerk of the court that issued the jury form to determine how to alert the court to your situation; a contact number is likely indicated on any communication you receive.
Federal courts in each judicial district have varying rules regarding jury selection. In Maryland federal district court, the court’s jury selection plan (section IX, E-4) provides for an exception that would be available to nursing mothers who make a request to the court and who “in their household are solely responsible for the care of one or more persons who cannot safely be left alone during periods of jury service by reason of either (a) being under 13 years of age or (b) mental or physical disability.”
A similar exception is available in Delaware federal district court (upon request) under its jury plan (section 6(3)): “Persons having active care and custody of a child or children under 10 years of age whose health and/or safety would be jeopardized by their absence for jury service; or a person who is so essential to the care of aged or infirmed persons.”
In federal district court in D.C., a request for an excusal or deferral should be made on the back of the jury questionnaire and/or the jury office should be contacted.
Other Breastfeeding Laws
Maryland exempts the sale of breastfeeding accessories from the state sales tax:
§ 11-211(b)(19) tangible personal property that is manufactured for the purpose of initiating, supporting, or sustaining breast-feeding, including breast pumps, breast pump kits, nipple enhancers, breast shields, breast shells, supplemental nursing systems, softcup feeders, feeding tubes, breast milk storage bags, periodontal syringes, finger feeders, haberman feeders, and purified lanolin.
Additionally, the Maryland Dept. of Health and Mental Hygiene states that "If you experience a situation in which your right to breastfeed is challenged [in Maryland], you can report noncompliance with the Maryland law to the Maryland Attorney General's Consumer Protection Division. The Consumer Hotline is 410-528-8662. You can also file a complaint by e-mail to Consumer@oag.state.md.us , or online at www.oag.state.md.us/consumer ."
Washington, D.C. also requires employers to provide breaks for breastfeeding/pumping:
(a) For the purposes of this section, the term:
(1) "Reasonable efforts" means any effort that would not impose an undue hardship on the operation of an employer's business.
(2) "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.
(d) (1) An employer shall provide reasonable daily unpaid break periods, as required by the employee, so that the employee may express breast milk for her child to maintain milk supply and comfort. If any break period, paid or unpaid, is already provided to the employee by the employer, the break period required shall run concurrently with the break periods already provided. Notwithstanding the foregoing, an employer shall not be required to provide break periods if it would create an undue hardship on the operations of the employer.
(2) An employer shall make reasonable efforts to provide a sanitary room or other location in close proximity to the work area, other than a bathroom or toilet stall, where an employee can express her breast milk in privacy and security. The location may include a childcare facility in close proximity to the employee's work location.
Custody Issues
Breastfeeding mothers involved in custody or divorce proceedings often have concerns about how to maintain breastfeeding with custody arrangements that involve mother and child being apart for periods of time. These issues are best addressed by an attorney familiar with the laws in your state.
For additional information, please go to http://mothering.com/breastfeeding/public-breastfeeding-laws-map
Breastfeeding in Public -
Local Laws
