In a press release published on Nov. 26, Bonta encouraged Californians to report department stores that fail to adhere to Assembly Bill 1084. The law, which was passed in 2021 and took effect in January 2024, mandates that department stores with at least 500 employees across California maintain sections that do not separate items for children by gender. Violators face fines of $250 for a first offense and $500 for subsequent infractions. (Related: Trudeau gov't to make all bathrooms in Parliament buildings GENDER NEUTRAL.)
"Does your department store have a gender-neutral children section? As of Jan. 1, 2024, large retail department stores that sell childcare items or toys must maintain a gender-neutral section for those items," wrote Bonta's office. "By requiring large retailers to maintain a gender-neutral section, AB 1084 makes it more difficult for these retailers to engage in gender-based pricing discrimination and reduces the imposition of gender stereotypes on children."
Assemblyman Evan Low (D-Sunnyvale), the author of the bill, supported the argument of Bonta. Low added that gender-neutral sections make it easier for consumers to spot and address instance of gender-based pricing discrimination. He even insisted that AB 1084 seeks to reduce societal pressures on children when selecting toys, clothes or other items.
"A generally labeled area allows for a freer shopping experience for both children and the guardians to shop for the items the children would like to purchase without societal pressures," he said in legislative analyses. "This is about kids not feeling bad about what they choose to purchase because of the store section it was purchased from."
In line with this, Bonta urged shoppers to document their report that stores do not meet the requirements of the law. Photos of non-compliant displays can be submitted with complaints to the office of the attorney general.
AB 1084 faces backlash from conservative groups
The enforcement of the law has raised questions among critics due to its ambiguities in the legislation.
For instance, the term "reasonable selection" of gender-neutral items is not explicitly defined and retailers are given flexibility regarding how to label or display these sections. There are no requirements for specific sizes, locations or signage for the gender-neutral sections. In short, the mandate has left much of the interpretation up to individual stores.
Conservative groups also argued that AB 1084 overreaches and interferes with businesses and parental-decision making. The Pacific Justice Institute, a non-profit legal defense organization, wrote in a legislature that parents do not need government assistance to choose toys for their children. Similarly, the California Family Council, a faith-based nonprofit organization, warned the public that the law could lead to excessive complaints from activist groups and believed market forces, not regulations, are better at meeting consumer needs.
"A bill like this opens the door to a never-ending number of complaints from activist groups who don't like the way stores are marketing their products to one sex or another," the California Family Council said.
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