Assembly OKs Bill to Bar Prices Based on Gender

Without a vote to spare, the Assembly narrowly passed legislation Friday to prohibit merchants from charging women more money than men for providing the same services, such as dry-cleaning and haircuts.

A 41-34 vote, the minimum required for approval in the 80-member lower house, sent the bill, sponsored by Assemblywoman Jackie Speier (D-Burlingame), on to the state Senate.

The measure is similar to legislation Speier carried last year that passed both houses but was vetoed by Gov. Pete Wilson, who said state law already prohibits gender-based price discrimination.

In a change from last year, Speier dropped a provision that also prohibited merchants from charging women more than men for providing the same goods, such as the sale of cars.

Penalties for violating Speier’s bill (AB 1100) would be civil, not criminal. Merchants who were successfully sued would face a minimum of $1,000 in treble damages, plus payment of attorney’s fees to the person who filed the lawsuit.

“Women pay more to get their shirts laundered, [for] haircuts and clothing alterations,” Speier said during the Assembly debate. “This is a gender-based tax that should be repealed.”

To illustrate her point, Speier enlisted the aid of Assemblyman Louis Caldera (D-Los Angeles), who held up two mannequin heads--one male and one female--with similar haircuts. “Women on average must pay $5 more than men for the same haircut,” Speier told her colleagues.

Next, Speier displayed two similar white shirts, noting that the price for cleaning the man’s shirt was $1.90, compared to $3 for the woman’s shirt. “Both shirts fit on the same form so the price also should be the same,” she said.

“All this bill says is that women should be treated the same as men,” said Assemblyman Antonio Villaraigosa (D-Los Angeles). His view was echoed by Assemblywoman Sheila J. Keuehl (D-Santa Monica).

“All people should be treated equally and fairly,” Keuehl said. “This [price inequity] is part of the sex discrimination that is epidemic in this society.”

Some women lawmakers in the lower house disagreed with Speier and said there is no need for the proposed new law.

“We have the ability to comparison shop,” said Assemblywoman Marilyn C. Brewer (R-Irvine). “I say let your fingers do the walking. This law is unneeded.”

Her sentiment was endorsed by several of her male colleagues.

Said Assemblyman Bernie Richter (R-Chino): “We live in a free-market economy. People can vote with their feet every day on services and prices. If you don’t want to take the time to shop around, move to Cuba.”