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Proposed California bill would fine stores that segregate kids’ toys and apparel into boys’ and girls’ departments

A proposed bill that was first introduced last year and was put on hold to deal with the pandemic, has been brought back to life. The proposed California bill would assess $1,000 fines to retailers who don’t create a unisex, gender-neutral space in its toys and apparel sections and more if passed.

This bill would require a retail department store with 500 or more employees that sell childcare items, children’s clothing, or toys, to maintain undivided areas of its sales floor where the majority of those items being offered are displayed..

Stores would have to display the majority of their products and clothing aimed at children in one undivided, unisex area on the sales floor. They’d also be barred from putting up signage that would indicate whether a product was intended for a boy or girl.

The bill states, “keeping similar items that are traditionally marketed either for girls or for boys separated makes it more difficult for the consumer to compare the products and incorrectly implies that their use by one gender is inappropriate.”

Online businesses within California would also have to change the labeling of online selections to “kids,” “unisex,” or “gender neutral.”

Those found to be in violation if the bill was to pass beginning January 1, 2024 will have 30 days after receiving written notice of the violation from the Attorney General to correct it. If they fail to do so they can then face the hefty $1,000 fine.

The bill was originally introduced last year and was reintroduced this year by the chair of the Legislative LGBT Caucus, Assembly Members Evan Low and Assembly Member Cristina Garcia.

A news release for the nearly identical first bill reads, “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.”

“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?’” said Assemblymember Evan Low. “Her bill will help children express themselves freely and without bias. We need to let kids be kids.”

Thomas Taylor

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