California retailers who don’t sell GENDER-NEUTRAL toys could face fines under new law

12/10/2023 / By Ramon Tomey

A new law in California set to take effect next year will prescribe fines for retailers who do not sell “gender-neutral” toys for children.

In 2021, California Gov. Gavin Newsom signed Assembly Bill (AB) 1084 into law. The legislation, which will be enacted on Jan. 1, 2024, will require some retail stores in the state to have a gender-neutral section for children. The non-compliant establishment will be forced to pay a civil penalty of either $250 or $500.

Under the new law, retailers would have to establish gender-neutral toy sections “regardless of whether they have been traditionally marketed for either girls or for boys.” However, not all department stores in the Golden State will be subject to the new law. Establishments that have physical locations in California, employ 500 people or more and sell “childcare items or toys” are subject to the edict. (Related: California bill would fine department stores $1,000 for separating toys by gender.)

AB 10584 defined “childcare items” as products designed to facilitate sleep, feeding and relaxation or “to help children with sucking or teething.” Meanwhile, “toys” were defined as products designed or intended to be used by children by the manufacturer. The bill also clarified that children pertained to in the measure are those aged 12 and below.

At least one toy company expressed support for the bill. The Daily Mail recounted that Danish building block company Lego issued a statement at the time emphasizing its efforts to make its toys more inclusive for girls.

“The company is committed to making Lego play more inclusive and ensuring that children’s creative ambitions – both now (and) in the future – are not limited by gender stereotypes,” the statement said.

Assemblyman Low went “low” with the new law

California Assemblyman Evan Low, a Democrat, backed AB 1084. He said he was “incredibly grateful” to receive Newsom’s signature and support on the bill.

“We need to stop stigmatizing what’s acceptable for certain genders and just let kids be kids,” Low told the Associated Press. “My hope is [that] this bill encourages more businesses across California and the U.S. to avoid reinforcing harmful and outdated stereotypes.”

The Sacramento Bee reported that Low was inspired by Target’s 2015 decision to abolish gendered children’s sections in favor of unisex aisles. He reportedly also took inspiration from a staffer’s nine-year-old daughter, who asked why she had to go into the boys section to find science-related toys.

“That was the impetus of this, which is how do we make a safe space today for children in society. As much as I’d like to think of this as watershed legislation, this is something the industry is already doing. We’re just trying to play catch-up.”

The Democratic member of the California State Assembly also clarified that he’s not trying to force change on anyone. “This is a democratic process,” he said. “I’m in the business of ideas, and I’m trying to be responsible. We want to reflect a positive shopping experience by being inclusive. Diversity is a reality, but inclusion is a choice.”

What Low fails to grasp, however, is that his proposal makes gender-neutral aisles in some retail stores mandatory. This directly contradicts the “not trying to force change on anyone,” as it forces establishments to make accommodations. More often than not, business owners will comply – not because they choose to, but because they fear fines or other punishment.

Burt Flickinger III, managing director for the retail consulting firm Strategic Resource Group, decried the legislation’s ill-timed introduction. He noted that the U.S. is currently weathering the worse retail ice age in modern history.

“I have not seen any fact-based evidence that the majority of shoppers are asking for this type of legislation,” said Flickinger. “More regulations of any kind for retailers could be a proverbial prescription for more store closings.”

Watch this short clip about AB 1084, which mandates that gender-neutral aisles be maintained in certain California retail establishments.

This video is from the True Conservative Minutes channel on Brighteon.com.