California Assembly Bill 1084 (2021)

California Assembly Bill 1084 was a bill in the California State Legislature that proposed requiring department stores in California to maintain a gender neutral children's section. It was signed into law by California Governor Gavin Newsom in October 2021.

California Assembly Bill 1084 (2021)
California State Legislature
IntroducedFebruary 18, 2021
Signed into lawOctober 9, 2021
Sponsor(s)
GovernorGavin Newsom
CodeCivil Code
Section§55.7, §55.8
BillAB 1084
WebsiteFull text of the bill
Status: Not yet in force
(Takes effect on January 1, 2024)

Purpose

The segregation of toys by a social construct of what is appropriate for which gender is the antithesis of modern thinking.

Evan Low[1]

California Assembly Bill 1084 was intended to assist consumers with comparison shopping by encouraging stores to group similar items together. It was additionally meant to limit the reinforcement of gender roles, which is one effect of traditional gender divisions in children's sections.[2] The law states that separating items marketed toward girls from those marketed toward boys "makes it more difficult for the consumer to compare the products and incorrectly implies that their use by one gender is inappropriate".[1]

Requirements

Assembly Bill 1084 proposed that department stores in California, specifically those which employed 500 or more employees in the state and sold products intended for children, be required to maintain a gender neutral section displaying a "reasonable selection" of toys and other children's items without regard for "whether they have been traditionally marketed for either girls or boys." The bill does not apply to children's clothing, and does not restrict the display of gendered shopping areas in addition to the gender neutral section.[2] It additionally proposed requiring that California department stores with online stores must create a similar gender neutral section within their online store.[3] Upon its passage, these proposals became law.[3]

Upon passing, the bill modified Division 1 of the California Civil Code, adding Part 2.57 "Gender Neutral Retail Departments", including Sections 55.7 and 55.8.[3]

Penalties

Enforcement for the bill is set to begin on January 1, 2024, after which noncompliant businesses will be fined up to $250. Repeated violations of the bill will each result in an additional penalty of up to $500.[2] Stores which are fined may also be liable for attorney’s fees and costs incurred by the state government or any city or district governments in relation to the fine.[3][4]

Passage

Bill 1084 was introduced to the California State Assembly by Evan Low and Cristina Garcia[5] on February 18, 2021.[6] Similar bills had been unsuccessfully introduced in 2019 and 2020.[4] The bill was signed into law by California Governor Gavin Newsom on October 9, 2021.[2] At the time of its signing into law, Assembly Bill 1084 was unique to California; similar legislation had not been proposed in any other state.[2]

Reception

As proposed legislation

Bill 1084 was supported by the Consumer Federation of California on the grounds that it would benefit consumers by facilitating easier comparison of similar products.[1] It was opposed by various business groups which expressed opposition to additional government regulation, as well as various conservative groups; the Capitol Resource Institute characterized the proposed legislation as "[overstepping] the natural process of the free market", while the president of the conservative California Family Council said that it would "force retailers to espouse government-approved messages about gender" and was therefore "a violation of free speech". The Pacific Justice Institute stated that it would "impose a de-gendered ideology and viewpoint on retailers".[1]

As law

The bill's passage into law drew criticism from conservatives. Greg Abbott, governor of Texas, was critical of the new law on Twitter; a post on Sean Hannity's blog described it as "'woke' culture encroaching on private business". Larry Elder, who unsuccessfully campaigned against Gavin Newsom to be governor of California, released a video promoted by the far-right Epoch Times that described the law as "freedom-compromising" and "job-killing".[7]

References
  1. Edwards, Jonathan (October 11, 2021). "New California law will force retailers to have 'gender neutral' toy sections". The Washington Post. ISSN 0190-8286. Retrieved April 28, 2022.
  2. Marcus, Phyllis H. (October 18, 2021). "New California Legislation will Require Some Retailers to Adopt Gender Neutral Children's Sections by 2024". The National Law Review. Retrieved April 28, 2022.
  3. "Today's Law As Amended - AB-1084 Gender neutral retail departments". leginfo.legislature.ca.gov. California State Legislature. Retrieved April 28, 2022.
  4. Beam, Adam (September 1, 2021). "California seeks gender neutral displays in large stores". Associated Press. Retrieved April 28, 2022.
  5. Bote, Joshua (March 3, 2021). "A California Rep. wants stores to stop dividing clothes and toys by gender". SFGATE. Retrieved April 28, 2022.
  6. Micheli, Chris (February 19, 2021). "New CA Bill to Require Gender Neutral Retail Departments". California Globe. Retrieved April 28, 2022.
  7. Bote, Joshua (November 8, 2021). "The conservative moral panic over a Calif. bill on kids' toys". SFGATE. Retrieved April 28, 2022.
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