COUNTY OF SAN MATEO

Inter-Departmental Correspondence

 

County Manager's Office

 

DATE:

April 28, 2004

   

BOARD MEETING DATE:

May 4, 2004

 

TO:

Honorable Board of Supervisors

FROM:

John Maltbie, County Manager

SUBJECT:

County Manager Report #7-AB 2404 (Steinberg), Sex Discrimination in Local Government Athletic Programs

 

Recommendation

Adopt a resolution in support of AB 2404 (Steinberg) regarding sex discrimination in local government athletic programs.

 

Background

Community athletic programs do not fall under the purview of Title IX, which is the primary means of preventing gender discrimination in athletics. Unlike educational institutions, whose athletic programs are monitored by federal agencies implementing Title IX, city and county programs go unchecked.

 

AB 2404 provides Title IX-type protection against discrimination by cities or counties based on gender in the administration of community youth athletics programs. The bill would prohibit 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 associated with these programs. The bill would also allow enforcement of through civil action and require local governmental agencies to submit annual reports to the Office of Civil Rights of the Attorney General demonstrating compliance with the statute.

 

Discussion

According to bill proponents, unequal treatment based on sex is pervasive throughout California's community youth athletic programs. Cities and counties routinely provide more and better facilities, equipment, funding, and services to boys' sports than to girls'. Such inequity against girls persists because of historical favoritism toward boys' sports and outdated stereotypes of girls' athletic capacities and talents.

 

In the past five years, the ACLU of Southern California has brought lawsuits against three cities - Los Angeles, Montebello, and La Puente - challenging discrimination against girls' softball programs. In each suit, girls' softball players alleged that cities provided them athletic fields, equipment, and facilities far inferior to those provided to boys' baseball. Each lawsuit has resulted in settlements awarding girls' softball programs greater access to city facilities on par with boys' little leagues. The city of Los Angeles also implemented a citywide program to recruit and retain girls in its sports programs.

 

Despite its popularity, girls' softball faces discrimination. In Central California, the regional official with the American Softball Association (ASA), a nationwide girls' fast-pitch softball association, states that unequal access to recreational facilities is a region-wide problem. He sees continuing disparities in access to fields in the San Luis Obispo area and in San Joaquin Valley, particularly Stockton.

 

The Parks and Recreation Division does not anticipate any compliance problems since the Division operates very few programs and none that are gender specific. Representatives from the Sheriff's office believe the Sheriff's Athletic League would comply with the requirements of AB 2404 in providing services to both boys and girls.

 

The San Mateo County Commission on the Status of Women recommended to the Board's Legislative Committee support for this bill. The Legislative Committee reviewed AB 2404 and also recommends support.

 

Vision Alignment

Support of AB 2404 (Steinberg) furthers the County's commitment of realizing the potential of our diverse population and supports Goal #1 of fostering a diverse population to build strong communities.

 

Fiscal Impact

AB 2404 provides for reimbursement as determined by the Commission on State Mandates. The cost to San Mateo County is unknown, but would involve production of the annual report. Compliance costs should be minimal due to current conformity with the bills requirements.