Effective Jan. 1, California stores with 500 or more employees that sell toys and childcare items can be fined for not providing a “gender-neutral” section for children 12 and under.
“My hope is this bill encourages more businesses across California and the U.S. to avoid reinforcing harmful and outdated stereotypes,” California Democrat Assemblyman Evan Low, author of the legislation, told CBS News when the bill was signed in 2021.
The bill includes both toys and childcare products, which refers to “any product designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.”
The bill imposes a maximum fine of $250 for a first offense, and $500 for a subsequent violation. “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 reads. It requires a “reasonable selection” of the toys and childcare items be displayed in the section, regardless of whether they have been marketed for either gender.
It says that this will make it easier for consumers to identify “unjustified differences” between items traditionally marketed toward either girls or boys.
Greg Burt, vice president of the California Family Research Council, told Fox News Digital that the new law violates the First Amendment by forcing government-compelled speech. “This is opening a Pandora’s Box,” he said.
The law does not require the sections to be labeled in any particular way, leaving it to “the discretion of the retailer.” However, the requirement itself certainly compels the business to put forth a particular message.
This is the third time Democrats in California have attempted to pass similar laws, The Associated Press reported. Similar bills failed in 2019 and 2020.
Low reportedly was inspired by the 10-year-old daughter of one of his staffers, who asked her mom why, since she was a girl, some products in a store were “off limits” to her. “We need to stop stigmatizing what’s acceptable for certain genders and just let kids be kids,” he said.
This legislation comes as many conservatives are boycotting Target and other stores due to an aggressive LGBTQ agenda, and while the number of people leaving the state of California climbs higher.
“Can you believe it? This is more liberal agenda-driven government overreach,” Franklin Graham said in a post on Facebook. “All this while we see many Democrat-led cities and states having less punishment for the criminals. … Their thinking is backwards.”
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