O1317
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CA:RMM:rm4900
City Council Meeting 10-9-84 Santa Monica, California
ORDINANCE NUMBER 1317 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 9
TO ARTICLE IV OF THE SANTA MONICA
MUNICIPAL CODE REGARDING DISCRIMINATION
ON THE BASIS OF SEXUAL ORIENTATION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1.
Chapter 9 is added to Article IV of the
Santa Monica Municipal Code to read as follows:
Chapter 9
DISCRIMINATION ON THE BASIS
OF SEXUAL ORIENTATIONY
SECTION
4900.
Statement of
POlICV.
DiscrImInation
based
on
sexual orIentatIon exists In the City
of Santa Monica. Such discrimination
foments strife, unrest and dIscord and
deprIves
the CIty of the fullest
utIlization
of
its resources and
capaCIty for development and advance-
ment.
Such discrimination poses a
substantial
threat to the health,
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safety and welfare of the community.
Existing state and federal restraints
on arbitrary discrimination are in-
adequate
to
meet
the particular
problems of this City.
SECTION 4901. Definitions. The
following words or phrases as used in
this Chapter shall have the following
meanings:
(a) Business
Establishment.
Any entity, however organized, which
furnishes goods or services to the
general publiC. An otherwise quallfy-
ing establishment which has membership
requirements IS considered to furnish
services to the general public if its
membership requirements:
(1) consist
only of payment of fees, or (2) con-
Slst of requirements under which a
substantial portion of the residents
of the City of Santa Monica could
quali fy.
(b) Individual.
The same as
the
term "person."
Wherever this
Chapter
refers
to
the
sexual
orientation of any indiVidual, and the
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Individual is a group, th~ phrase
shall mean the sexual orIentation of
any member of the group.
(c) Person.
Any
person as
defIned
In MunicIpal Code Section
1314.
(d) Sexual OrIentation. Actual
or
supposed
homosexuality,
heterosexualIty, or bIsexuality, by
preference or practice} including, but
not limited to, an orientation that
may be imputed on the basis of man-
nerisms, physical characterIstIcs or
manner of dress.
SECTION 4902. Emolovment.
(a) Uplawful
Emolovment
Practices.
tIon.
(1) Employers-Discrimina-
It shall be an unlawful employ-
ment practIce for an employer to fail
or refuse to hire, or to dIscharge any
indIVIdual,
or
otherwise to dis-
crImInate against any individual with
respect to compensation, terms, condi-
tions or prIVIleges of employment on
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the basis,
1n whole or in part, of
such individual's sexual orientat1on.
tion.
(2) Emplovers - Segrega-
It shall be an unlawful employ-
ment
practice for an employer to
limit, segregate or class1fy employees
or applicants for employment in any
manner which would deprive or tend to
deprive any individual of employment
opportunities, or adversely affect his
or her employment status on the basis,
in whole or 1n part, of such in-
d1vidual's sexual orientation.
(3) Emplovment Agenc1es.
It shall be an unlawful employment
practice for an employment agency to
fall or refuse to refer for employment
any 1nd1v1dual or to otherw1se dis-
crim1nate against any indiv1dual on
the basis,
in whole or ln part, of
such individual's sexual orientation.
(4) Labor Orqanizations.
It shall be an unlawful employment
practice for a labor organization to
fail or refuse to include in lts mem-
bersh1p or to otherwise discrlminate
against
any Individual, to Ilmit,
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segregate or classIfy its membershIp,
to classify or fail or refuse to refer
for employment any indIvIdual in any
way whIch would deprive or tend to
deprive such IndivIdual of employment
opportunities, or to otherwise ad-
versely affect an individual's status
as an employee or as an applicant for
employment on the baSIS,
in whole or
in part, of such Individual's sexual
orientation.
(5) Job
Tralnina.
It
shall be an unlawful employment prac-
tice for an employer, an employment
agency or a labor organization to dis-
criminate against any individual in
admission to, or employment in, any
program established to provide appren-
ticeshIp or other traInIng or retraIn-
ing, including any on-the-job training
program, on the basis, in whole or in
part,
of such IndIvidual's sexual
orientation.
(6) Advertisina.
It
shall be an unlawful employment prac-
tice
for
an employer, employment
agency or a labor organizatIon to
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prInt,
publIsh,
advertise
or
disseminate in any way, any notice or
advertIsement with respect to employ-
ment, membershIp in, or any clas-
sificatIon or referral for employment
or training by any such organization,
WhICh indicates that the employer,
employment agency or labor organiza-
tion engages or will engage in a
violation of thIS Section.
(b) Subterfuge.
It shall be
unlawful to do any of the acts men-
tioned in this Section for any reason
that would not have been asserted
wholly
or partially, but for the
sexual orIentatIon of any IndivIdual.
(c) Bona
QualIfication.
FIde
Occuoatlonal
( 1 ) Bona
tional QualifIcation.
FIde
Occupa-
NothIng con-
tained in this Section shall be deemed
to prohibit selection or rejectIon
based upon a bona fIde occupational
qualificatIon.
(2) Burden of Proof. In
any action brought under Section 4907
of thIS Chapter, If a party asserts
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that
an
otherwise
unlawful
discrIminatory practIce is justified
as a bona fide occupational qualifica-
tlon, that party shall have the burden
of proving:
(a) that the dlscrimlna-
tion is in fact a necessary result of
a bona fide occupational quallfica-
tionj and (b) that there exists no
less discriminatory means of satisfy-
Ing the occupational qualificatlon.
(d) Exceotlons.
(1) Emolovee
Beneflt
Systems.
It shall not be unlawful
discriminatory
practice
for
an
employer to observe the conditions of
a bona fide employee benefit system,
provlded such system or plan is not a
subterfuge to evade the purposes of
this Chapter.
No such system shall
provide an excuse for failure to hire
any individual.
(2) In-Home
Emolovment.
No part of thls Section shall apply to
the employment of lndIviduals to per-
form
serVlces
in
the
place of
residence of the employer.
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SECTION 4903.
Housinq and Other
Real Estate Transactions.
(a) Unlawful
Real
Estate
Practices.
(1) Transactions General-
~. It shall be an unlawful real es-
tate practice for any person to inter-
rupt} terminate} or fail or refuse to
Initiate or conduct any transaction in
real
property,
including but not
limited to the rental thereof, to
require
different
terms for such
transaction, to Include in the terms
or conditions of a transaction in real
property
any clause} condition or
restriction, or to falsely represent
that an interest In real property is
not available for transaction on the
basis} in whole or in part, of any in-
dividual's sexual orientation.
(2) Credit and Insurance.
It shall be an unlawful real estate
practice for any person to refuse to
lend money, guarantee a loan, accept a
deed of trust or mortgage, or other-
wise refuse to make available funds
for the purchase} acquIsition}
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construction, alteration, rehabilita-
tion} repair or maIntenance of real
property, to Impose different condi-
tions on such financing} to refuse to
provide
tItle
or other insurance
relating to the ownership or use of
any Interest in real property on the
basis, In whole or in part, of any In-
dividual's sexual orientation.
(3) Tenant ServIces. It
shall be an unlawful real estate prac-
tIce for any person to refuse or
restrict facIlItIes, services, repairs
or improvements for any tenant or les-
see on the basIs, In whole or In part,
of
any
IndIvidual's
sexual
orientation.
(4) Advertlsinq.
It
shall be an unlawful real estate prac-
tice for any person to make, print,
publish} advertise or disseminate in
any way, any notice, statement, or ad-
vertisement with respect to a transac-
tion or proposed transaction in real
property, or With respect to fInancing
related to any such transaction} which
unlawfully indIcates or attempts to
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indicate
any
unlawful preference,
limitation or discrimination on the
basis, in whole or in part; of any in-
dividual's sexual orientation.
(b) Subterfuge.
It shall be
unlawful to do any of the actions men-
tioned in this Section for any reason
that would not have been asserted,
wholly
or partially, but for the
sexual orientation of any individual.
(c) Exceptions.
(1) Owner
Occupied and
Small
Dwellinas.
Nothing in this
Chapter shall be construed to apply to
the rental or leasing of any housing
unit in which the owner or lessor or
any member of his or her family oc-
cupies one of the living units and
either (a) it is necessary for the
owner or lessor to use either a bath-
room or kitchen faCility in common
with the prospective tenant or (b) the
structure contains less than three
dwelling units.
(2) Effect on Other Laws.
Nothing in thiS Chapter shall be
deemed to permit any rental or
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occupancy of any dwelling unit or
commercial space otherWlse prohibited
by law.
SECTION
Establlshments.
(a) Unlawful Business Practice.
4904.
Business
Generally.
(1) BUSlness Practices
It shall be an unlawful
business practice for any person to
deny any lndlvidual the full and equal
enJoyment of the goodsJ servicesJ
facilitiesJ prlvilegesJ advantages and
accomodations of any buslness estab-
llshment on the basisJ in whole or In
partJ
of such individual's sexual
orientatlon.
(2) Credit.
It shall be
an unlawful business practice for any
person to deny credlt to any in-
dividual on the basisJ in whole or in
partJ
of such lndivldual's sexual
orientation.
(3) AdvertiSing. It
shall be an unlawful business practice
for any person to makeJ prlntJ
publlsh; advertise or dissemlnate in
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any way any notice, statement or ad-
vertisement
with
respect
to any
business establishment whIch Indicates
that such establIshment engages or
will engage In any violatIon of thIs
SectIon.
(b) Subterfuge. It shall be
unlawful to do any of the acts men-
tioned in thIs Section for any reason
that would not have been asserted,
wholly
or partially, but for the
sexual orIentation of any indIvidual.
SECTION 4905.
City Facilities
and ServIces.
(a) Unlawful Service Practices.
(1) City FacilIties. It
shall be an unlawful service practice
for any person to deny any individual
the full and equal enjoyment of, or to
place different terms and condItions
on the availability of, the use of any
City facility on the basis, In whole
or in part, of such individual's
sexual orientation.
( 2 ) g_; ty
Services.
It
shall be an unlawful service practice
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for any person to deny any individual
the full and equal enjoyment of, or to
impose dlfferent terms or conditions
on the availabillty of, any clty ser-
vlce on the basis, in whole or in
part,
of such indlvldual's sexual
orientation.
(3) $uDDorted facilities
and Services. It shall be an unlawful
service practlce for any person to
deny any lndividual the full and equal
enjoyment of} or to impose different
terms
and
conditlons
upon
the
availabillty of, any service, program
or facility wholly or partially funded
or otherwise supported by the City of
Santa Monica, on the basis, in whole
or in part, of such indlvidual's
sexual orientation.
This subsection
shall not apply to any facility, ser-
vice or program which does not receive
any asslstance from the City of Santa
Monica whlch is not provided to the
public generally.
(4) ~dvertlsinq.
It
shall be an unlawful service practlce
for
any
person
to make, print,
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publish, advertise or disseminate In
any way any notice, statement or ad-
vertisement with respect to any ser-
vice or facility provided by either
the City of Santa Monica or an or-
ganization described in subsection (3)
which IndIcates that the City of Santa
Monica or an organization described in
subsection (3) engages In or will eng-
age in a violation of this Section.
(b) Subterfuge. It shall be an
unlawful discriminatory practice to do
any of the acts mentioned In this
SectIon for any reason which would not
have been asserted, wholly or partial-
ly, but for the sexual orientation of
any individual.
SECTION
4906.
Educational
Institutions.
(a) Unlawful
Educational
Practices.
(1) Admission.
It shall
be an unlawful educational practice
for any person to deny admiSSion, or
to
Impose
different
terms
or
conditions on admission, on the basis,
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in
whole
or
in
part, of such
indIVIdual's sexual orientation.
(2) Servlces.
It shall
be an unlawful educatlonal practice
for any person to deny any individual
the full and equal enjoyment of, or to
lmpose different terms or conditions
upon the availabilIty of, any service
or program offered by an educational
lnstitutlon on the basls, in whole or
in part, of such indlvidual's sexual
orlentatlon.
(3) Facllltles.
It shall
be an unlawful educational practice
for any person to deny any Individual
the full and equal enjoyment of, or to
impose different terms or conditions
upon the avaIlability of, any facility
owned or operated by an educational
institutlon on the basis, in whole or
in part, of such individual's sexual
orientation.
(4) Advertisinq.
It
shall be an unlawful educational prac-
tice for any person to make, prlnt,
publish, advertlse or dissemlnate in
any way any notice, statement or ad-
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vertisement
wIth
respect
to
an
educational
institution
which
indicates that such institution eng-
ages in, or will engage In a violation
of this Section.
(b) Subterfuge. It shall be an
unlawful dlscrimInatory practice to do
any of the acts mentioned in this
Section for any reason which would not
have been asserted, wholly or partial-
ly, but for the sexual orIentation of
any individual.
(c) Exception. It shall not be
an unlawful discrlminatory practice
for a relIgIOUS or denominational in-
stitutlon to limit admission, or give
other preference to applicants of the
same religion.
SECTION 4907.
Liability. Any
person who violates any of the provi-
Slons of thls Chapter or who aids in
the violation of any provisions of
thIS Chapter shall be lIable for, and
the court shall award to the in-
dIvidual whose rights are VIolated,
actual
damages,
costs, attorneys'
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fees, and not less than Two Hundred
Dollars ($200) but not more than Four
Hundred Dollars ($400) 1n addition
thereto. The court may, in such cir-
cumstances that it deems appropriate,
award punitive damages.
SECTION 4908. Enforcement.
(a) Civil
Actlon.
Any ag-
grieved person may enforce the provi-
sions of this Chapter by means of a
clvil action.
(b) Inlunction. Any person who
commlts, or proposes to commit, an act
in violation of this Chapter may be
enjolned therefrom by any court of
competent jurisdictlon. An action for
lnJunction under thls subsection may
be brought by any aggrieved person, by
the City Attorney, or by any person or
entity which WIll fairly and adequate-
ly represent the lnterests of the
protected class.
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SECTION
4909.
Limitation on
Action.
Actions under this Chapter
must be filed within one year of the
alleged discriminatory acts.
SECTION 4910. General Exception
for Religious Organizations. No part
of this Chapter shall apply to bona
fide rellg10us organizations.
SECTION 2. Any provision of the Santa Konica Munic1pal
Code or appendices thereto incons1stent with the provIsions of
this ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent neces-
,
sary to affect the prov1s1ons of this ord1nance.
SECTION
3.
If any section, subsection, sentence,
clause, or phrase of th1S ordinance is for any reason held to
be lnvalid or unconstitutional by a decision of any court of
competent Jurisdiction, such dec1s1on shall not affect the
validity of the remaining portions of the ordinance. The City
Council hereby declares that it would have passed this or-
dlnance and each and every section, subsect1on, sentence,
clause or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would
be subsequently declared invalid or unconstitutional.
SECTION 4.
The Mayor shall slgn and the City Clerk
shall attest to the passage of this ordlnance. The City Clerk
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shall cause the same to be published once in the official
newspaper within 15 days after its adoption. The ordinance
shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
~.,p -l! "',.
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ROBERT H. MYERS
City Attorney
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Adopted and approved thlS 9th day of October, 1984.
I hereby certify that the foregolng ordlnance, No. 1317(CCS),
was duly and regularly lntroduced at a meetlng of the City Coun-
cil on the 25th day of September, 1984; that the said ordinance
was thereafter duly adopted at a meeting of the City Council on
the 9th day of October 1984 by the following Council vote:
Ayes: Councilmembers: Conn, Jennings, Press, Reed, Zane
and Mayor Edwards
Noes: Councilmembers: EpstelTI
Abstain: Counci1members: None
Absent: Councilmembers: None
ATTEST4
~ Yr;~
Clty Clerk