Strides are being made for equal treatment of girls in non-school recreational athletic programs.
Published: October 1, 2004
A bill prohibiting gender discrimination in youth athletic programs passed the California legislature and was signed into law by Governor Schwarzenegger, and the state of California set a precedent in gender equity laws, requiring girls to have the benefit of equal opportunities in non-school recreational athletics programs. The proposition, titled Assembly Bill 2404 (AB 2404), specifically provides:
“… that cities, counties and special districts may not discriminate against any person on the basis of sex or gender in community youth athletic programs or in the allocation of parks and recreation facilities and resources that support or enable these programs.”
It also mandates these entities to make available funds, staff, and resources for equal distribution to both genders of community youth athletics. The bill requires the entities to be tested under the current Title IX three-prong test of 1) substantially proportionality, 2) history and continuing practice of program expansion for the underrepresented sex and 3) effectively accommodating interests and abilities of the underrepresented sex. Title IX of the Educational Amendments Act of 1972 prohibits sex discrimination in educational institutions that receive any federal funds.
The law supplements the impact of Title IX by ensuring that all athletic facilities, private and public, in the Golden State submit themselves to proactive gender equity efforts in girls' physical activity. While Title IX prohibits discrimination in federally funded education programs and activities, many after-school programs do not receive federal support. This bill prohibits sex discrimination in community-sponsored athletic and educational services for the youth.
Low-income girls that participate in inexpensive or free municipal parks and recreation activities will be the foremost victors in this situation. These young women rely on the availability of sports and athletic programs outside of school. According to WeNews correspondent Rebecca Vesely, local parks departments don't provide young females nearly as many activities as are provided for boys; and boys are more likely to get better equipment and playing fields.
The idea of the legislation stemmed from the American Civil Liberties Union, which in 1998 filed lawsuits against Los Angeles and two other cities in Southern California. The suits alleged that area youth softball teams played in unsafe and inadequate playing conditions. These suits were settled on the conditions that the cities provide adequate facilities for the girls' teams and subject themselves to a yearly audit by the California Women's Law Center in Los Angeles.