Here’s why Whatcom County is changing its code regarding public indecency
Breastfeeding will no longer be considered indecent exposure, bringing a local ordinance in line with state law, according to a measure before the Whatcom County Council.
A public hearing is scheduled for 6 p.m. Tuesday, April 6, on changes to the Whatcom County code regarding public indecency.
It was proposed by Councilwoman Carol Frazey, one of two women on the seven-member council.
As written, Whatcom County code 9.08.020 regarding unlawful exposure says that “It is unlawful for any female to expose or permit public display of her bosom, in the nude or substantially exposed to public view, in any public establishment.”
Frazey’s measure adds: “except this shall not apply to a person who is breastfeeding a child. A person shall have the right to breastfeed a child in any location, public or private, where the person has the right to be with their child, without respect to whether the person’s breast or any part of it is uncovered during or incidental to the breastfeeding of the child.”
State law indicates that “the act of breastfeeding or expressing breast milk is not indecent exposure.”
And state anti-discrimination laws further guarantee the right to breastfeed and outlaw discrimination against someone who is breastfeeding.
All 50 U.S. states and the District of Columbia have laws that codify a woman’s right to breastfeed in public, according to the National Conference of State Legislatures.
This story was originally published April 5, 2021 at 5:00 AM.
