State's new law to fine stores that refuse to have gender-neutral kids section

06 December 2023 , 11:49

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Some retailers in California must offer a gender-neutral section for children from January 1 (stock image) (Image: Getty Images)

Some retailers in California who do not offer a gender-neutral section for children will be fined up to $500 under new laws coming into place in a few weeks.

Stores in California will be required to have a gender-neutral section for children "regardless of whether they have been traditionally marketed for either girls or for boys". It comes after California Governor Gavin Newsom signed legislation in 2021, with it coming into place on January 1, 2024.

Stores that do not comply will be fined $250 for a first violation. Repeat offenders will face a civil penalty of $500.

The legislation applies to "a retail department store that is physically located in California that has a total of 500 or more employees across all California retail department store locations that sells childcare items or toys". Clothing will be unaffected by the law, but it will affect toys and any "childcare items" intended to aid sleep, relaxation, feeding, teething or sucking.

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Stores that sell childcare items or toys will be required to abide by the law (stock image) (Getty Images/iStockphoto)

Californian Democratic Congressman Evan Low said: "We need to stop stigmatising what's acceptable for certain genders and just let kids be kids. My hope is this bill encourages more businesses across California and the US to avoid reinforcing harmful and outdated stereotypes."

The Consumer Federation of California supported the bill when it was introduced in 2021. “This bill will allow consumers to easily identify similar children’s items which will be displayed closer to one another in one, undivided area of the retail sales floor," the federation said, as per The Fresno Bee. "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.

California Governor Gavin Newsom signed legislation in 2021, with it coming into place on January 1, 2024 (AP)

"Separating products by gender also helps to disguise the unfortunate fact that female products are often priced higher than male products." It comes after Newsom signed a law in September earlier this year requiring schools in California to provide gender-neutral bathrooms by July 2026.

Under the law, “each school district, county office of education, and charter school” would be required to have at least one gender-neutral bathroom on campus on or before July 1, 2026. The bathroom must be available for use during school hours and during school functions when students are present, the law states.

“These measures will help protect vulnerable youth, promote acceptance and create more supportive environments in our schools and communities,” Newsom said in a statement.

Sam Truelove