New CA Bill to Require Gender Neutral Retail Departments

On February 18, Assembly members Evan Low and Cristina Garcia introduced Assembly Bill 1084 to require gender neutral retail departments. The bill would add Part 2.57 (commencing with Section 55.7) to Division 1 of the Civil Code.

Section One of the bill would add Part 2.57, which would be titled “Gender Neutral Retail Departments.” The bill would specify legislative findings and declarations that there are unjustified differences in similar products that are traditionally marketed either for girls or for boys can be more easily identified by the consumer if similar items are displayed closer to one another in one, undivided area of the retail sales floor. In addition, 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.

The bill would specify that a retail department store that offers childcare items for sale is required to maintain one undivided area of its sales floor where the majority of the childcare items being offered shall be displayed, regardless of whether a particular childcare item has been traditionally marketed for either girls or for boys. In addition, a retail department store that offers children’s clothing for sale, as well as toys for sale, would be required to maintain one undivided area of its sales floor where the majority of the children’s clothing being offered shall be displayed, regardless of whether a particular article of children’s clothing has been traditionally marketed for either girls or for boys. The bill defines the terms “childcare item,” “clothing,” and “toy.”

AB 1084 would also specify that it is not to be construed to constrain how a retailer promotes, displays, or presents a particular item within each undivided area of its sales floor where either childcare items, children’s clothing, or toys are being offered for sale. However, no signage is allowed to be used within any undivided area where either childcare items, children’s clothing, or toys are offered for sale indicating the items are for either girls or for boys.

In addition, a retail department store located in California that maintains an internet website through which it sells childcare items, children’s clothing, toys, or anything that could be considered a combination thereof, is required to dedicate a section of the internet website to the sale of those items and articles that must be titled, at the discretion of the retailer, “kids”, “unisex”, or “gender neutral”.

This proposed law would only apply to retail department stores with 500 or more employees. Beginning on January 1, 2024, a retail department store that fails to correct a violation of this law within 30 days of receiving written notice of the violation from the Attorney General is liable for a civil penalty of $1,000 which may be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General in any court of competent jurisdiction.

Chris Micheli is a lobbyist with Aprea & Micheli, as well as an Adjunct Professor of Law at the University of the Pacific McGeorge School of Law.

This article was originally published by the California Globe.

Comments

  1. CA is a beautiful place to visit, but hard to figure why anyone wants to live there.

    • Kathy Farmer says

      I totally agree…. but actually, it is no longer a beautiful place to visit any more. I am ashamed to be from CA. This is the place you do not want to visit.

      • The Captive says

        I agree These are CON -ARTISTS PROMOTING THESE gender-neutral products that make the this type of product probably cost more. Actually this type of product has been around for a long time because it is called any woman or man can use it, Why in the world is it put in a bill when there is no need to call it anything different in the first place.
        Umbrellas are for men and woman if they want to use it. Good grief toss this bill in the TRASH!~

    • Or run a business there.

  2. The government has a high capacity for absurd and worthless notions.

  3. Low is not solving issues or making things better.

  4. I am oh so glad we got out of the peoples republic of Kalifornistan. Those running the state are completely insane!

  5. We have 9 percent unemployment, a pandemic is coursing through the state, businesses are shut, streets are in dire need of repair, crime is skyrocketing and these clowns are focused on this crap?

  6. Thomas Littlejohn says

    Is this from the Babylon Bee?

  7. kristie l weyhe says

    Idiocy

  8. If our legislators have some spare time maybe they can figure a way to get the human poop off the streets in San Francisco.

  9. Brenda Torres says

    Hello, I’m from the Government and I’m Here to Help!!! Help with what to wear, what to eat, what to drive, where to live, what school to go to, how many kids to have and how to raise, feed, correct, dress them…..And whatever else you need help with!!!

  10. Vote the bums all out. Find quality people to replace them., conservatives, with a biblical and honest view of life. Descent people who have common sense and brains.

  11. Until rigged elections cease to exist and corrupt judges are prosecuted and removed, the system is against us…see the 2020 elections and courts refusing to hear evidence. Consider people stating Ca. turned Red and yet a Super Majority of Democrats exist. A forensic Ca. audit of the 2020 election may very well rid the politicians who support this bill. The fight for election integrity in the Supreme Court will be very telling.

  12. California politicians with few exceptions and the word “Integrity” don’t go together unless you put “lack of” in front of the word. The California voter or as we are finding out “the system that counts the votes” are totally to blame for their own corrupt system. Really disgusting that my former home State has turned into the cesspool of the Nation.

  13. Another insane distraction. These people would never think (oxymoron) to address California’s real problems. Of course the communist democrats regard the problems as features, not bugs.

  14. Each legislator wants to put forth some new law to show that they are “doing something” –never mind that it costs a business owner money to set up such spaces. Low apparently doesn’t believe that parents who want to buy a dress for their little boy know how to find it. This law is unnecessary, onerous and expensive for store owners, and a waste of time for those who created it instead of dealing with real problems that need solutions.

  15. Just when you think that nothing could get more moronic out of Sacramento, some overpaid staffer floats this one up the flagpole. “You are not going to believe this one” should be the opening words of every staff meeting.
    Pray for a conservative governor on a white horse to at least put a few bumps in the road for these dimwits.
    The killing of California, what a sad story it is.

  16. Boris Badenov says

    As much as these flaming idiots are trying to deny biology…XX and XY are DIFFERENT, physically and I really hate to break it to them but mentally also. Women have HIPS they are there for a reason, women CAN’T wear mens pants…easily. See the hips thing, narrower shoulders and just incase the cupcakes in Sack-0-Tomates are totally oblivious women have BOOBS, their clothes require different cuts.

  17. Do you think, just for a moment that retailers understand what drives sales and sales lead to profits?

    Understand that these are the same companies that hire people.

    Stupid is a stupid does

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