A new bill introduced by a member of the California state assembly would force stores that separated toys, clothing and childcare items into boys’ and girls’ sections to pay a $1,000 fine.
Democratic Assemblymember Evan Low, from Silicon Valley submitted AB 2826, which states:
This bill would require a retail department store with 500 or more employees to maintain undivided areas of its sales floor where, if it sells childcare articles, children’s clothing, or toys, all childcare items, all clothing for children, or all toys, regardless of whether a particular item has traditionally been marketed for either girls or for boys, shall be displayed. Beginning on January 1, 2023, the bill would make a retail department store that fails to correct a violation of these provisions within 30 days of receiving written notice of the violation from the Attorney General liable for a civil penalty of $1,000, as provided.
It adds:
(a) A retail department store shall maintain one, undivided area of its sales floor where, if it sells childcare articles, all childcare articles, regardless of whether a particular item has traditionally been marketed for either girls or for boys, shall be displayed.
(b) A retail department store shall maintain one, undivided area of its sales floor where, if it sells children’s clothing, all clothing for children, regardless of whether a particular item has traditionally been marketed for either girls or for boys, shall be displayed.
(c) A retail department store shall maintain one, undivided area of its sales floor where, if it sells toys, all toys, regardless of whether a particular item has traditionally been marketed for either girls or for boys, shall be displayed.
A press release from Low’s office read:
Clothing and toys sections of department stores that are separated along gender lines pigeonhole children. No child should feel stigmatized for wearing a dinosaur shirt or playing with a Barbie doll, and separating items that are traditionally marketed for either girls or boys makes it more difficult for the consumer to compare products. It also incorrectly implies that their use by one gender is inappropriate.
Low stated, “I was inspired to introduce this bill after 8-year-old Britten asked, ‘Why should a store tell me what a girl’s shirt or toy is?’” He added, “Her bill will help children express themselves freely and without bias. We need to let kids be kids.”
The press release continued, “Abercrombie & Fitch and John Lewis recently launched unisex apparel lines for kids. In 2015, Target made headlines when it removed gender-based signs in some departments, including home and toys.”
Brad Dacus, president of the Pacific Justice Institute-Center for Public Policy, countered:
California is killing freedom, innovation, and common sense with its endless bans, fines, and mandates. Compassion for our LGBTQ+ friends and neighbors does not require us to embrace absurdities on gender. No child should be bullied or stigmatized, and neither should the State bully retailers into making it harder for moms and dads to find boys and girls clothing and toys. It’s time for voters to demand more accountability of their elected officials.