Loading...
O1456 ~ -- e e CA:RMM:jld084jhpc city council Meeting 9-27-88 Santa Monica, California ORDINANCE NUMBER 1456 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 9B TO ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE PROHIBITING DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE AND PROHIBITING THE ATTENDANCE BY CITY EMPLOYEES AT MEETINGS AND/OR PROGRAMS OF ORGANIZATIONS walCH HAVE DISCRIMINATORY MEMBERSHIP POLICIES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 9B is added to Article IV of the Santa Monica Municipal Code to read as follows: CHAPTER 9B. DISCRIMINATION. SECTION 4940. Findings and Purpose. The City Council finds and declares: (a) A significant barrier to the advancement of women and minorities in the business and professional life of the City exists by virtue of the discriminatory practices of certain clubs or organizations which are not distinctly private and where business is frequently conducted. While such clubs or organizations may avowedly be formed for social or civic purposes, the extent to - 1 - e e which many of their activities have had a prejudicial impact on the business, professional, and employment opportunities of women and minorities cannot be ignored or minimized. (b) The business activity most frequently occurs in clubs or organizations having more than four hundred members which provide regular meal services. such services facilitate the conducting of business. Such clubs or organizations also rent their facilities for use as conference rooms for business meetings attended by nonmembers. ( c) The dues and expenses of members at such clubs or organizations are often paid by their employers because the employee's activities at said clubs or organizations serve to develop and enhance the employer's business. (d) The city of Santa Monica has a compelling interest in eradicating discrimination based on sex, race, color, religion, ancestry, national origin, sexual orientation, Acquired Immune Deficiency Syndrome (AIDS), or disability in order to assure all of its citizens a fair and equal opportunity to participate - 2 - e e in the business and professional life of the city. (e) The conduct and practices which exclude persons from entry or consideration for membership in or the full advantages and privileges of such membership on these bases are discriminatory and unacceptable, are injurious to the body politic, and to the business community and the City of Santa Monica. (f) The city of Santa Monica's interest in eliminating such practices in clubs or organizations covered by this Ordinance outweighs the interest of their members in private association. SECTION 4941. Definitions. The following words or terms shall have the following meanings when used in this Chapter: (a) A Club (hereinafter "Club") Distinctly Private. institution, club, accommodation which following requirements: or Organization Which Is Not Any organization, or place of satisfies the - 3 - e e (1) Has membership of whatever kind totaling 400 or more. (2) Provides regular meal service by providing, either directly or indirectly under a contract or agreement with another person, any meals on three or more days per week, during two or more weeks per month, during six or more months per years. (3) Regularly accepts payments from nonmembers for expenses incurred at the club by members or nonmembers in the furtherance of trade or business, or on behalf of nonmembers for expenses incurred at the club by nonmembers in the furtherance of trade or business. (b) Regularly Accepts Payments. A club accepting as many payments during the course of a year as the number of weeks any part of which the club is available for use by members or nonmembers per year. The payments may be for dues, fees, use of space, facilities, services, meals, or beverages. (c) Furtherance of Trade or Business. Payment made by or on behalf of a trade or business organization, payment - 4 - e e made by an individual from an account which the individual uses primarily for trade or business purposes, payment made by an individual who is reimbursed for the payment by the individual's employer or by a trade or business organization, or other payment made in connection wi th an individual's trade or business, including entertaining clients or business associates, holding meetings, or other business-related events. SECTION 4942. Prohibi~ion Against Discrimination. It shall be unlawful for a club which is not distinctly private to deny to any person entry to facilities at, membership in, or the full enjoyment of said club or organization on the basis of sex, race, color, religion, ancestry, national origin, sexual orientation, Acquired Immune Deficiency Syndrome (AIDS), or disability. SECTION penalties. (a) civil Action. Any person, including the city of Santa Monica, may enforce the provisions of this Chapter by means of a civil action. 4943. Enforcement and - 5 - e e (b) Injunctions. Any person who commits an act, or proposes to commit an act, or engages in any pattern and practice of illegal discrimination in violation of section 4942 (Prohibition Against Discrimination) may be enjoined therefrom by any court of competent jurisdiction. An action for inj unction under this subsection may be brought by any aggrieved person, by the City Attorney, or by any person or entity who will fairly and adequately represent the interest of the protected class. (e) Penalties. Any person who violates or aids or incites another person to violate, the provisions of this Chapter is liable for each and every such offense for the actual damages, and such amount as may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage, but in no case less than Two Hundred Fifty Dollars ($250.00), and such attorney's fees and court costs as may be determined by the court in addition thereto, suffered by any aggrieved party. In addition, the court may award punitive damages in a proper case. - 6 - . e (d) Criminal Penalty. Each violation of this Chapter shall be a misdemeanor punishable by six (6) months in jailor a Five Hundred Dollar ($500.00) fine, or both. (e) Nonexclusive Remedies and Penalties. Nothing in this Chapter shall preclude any person from seeking any other remedies, penalties, or procedures provided by law. SECTION 4944. Prohibition Against Attendance at Meetings and/or Programs of Organizations with Discriminatory Membership Policies. (a) No employee of the City of Santa Monica while on duty shall knowingly attend any meeting or program offered by any organization, or at a facility operated by any organization, that illegally discriminates against persons on the basis of sex, race, color, religion, ancestry, national origin, sexual orientation, Acquired Immune Deficiency Syndrome (AIDS), or disability in its membership or admission policies. No city employee shall take any action that would cause any person attending such a meeting - 7 - . e or program to believe that the City employee was attending the meeting or program on behalf of the City. (b) The City shall not pay for any employee's membership in any organization that illegally discriminates against persons on the basis of sex, race, color, religion, ancestry, national origin, sexual orientation, Acquired Immune Deficiency Syndrome (AIDS), or disability in its membership or admission policies. (c) This section shall not prevent employees of the City of Santa Monica from responding to emergency requests for assistance affecting the public welfare or safety. (d) The City Council discourages its members from knowingly attending any meeting or program offered by any organization, or at a facility operated by an organization, that illegally discriminates against individuals based on sex, race, color, religion, ancestry, national origin, sexual orientation, Acquired Immune Deficiency Syndrome (AIDS), or disability in its membership or admission policies. Unless directed otherwise by a majority vote of the City - 8 - . e Council, no member of the City Council shall take any action that would cause any person attending such a meeting or program to believe that the City Councilmember was attending the meeting or program on behalf of the City Council. (e) The City Council discourages the Mayor from knowingly issuing proclamations, commendations, or other such recognitions to any organization that illegally discriminates against individuals based on sex, race, color, religion, ancestry, national origin, sexual orientation, Acquired Immune Deficiency Syndrome (AIDS), or disability in its membership or admission policies. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and - 9 - . e every section, subsection, 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 sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~ "'-. ROBERT M. MYERS City Attorney ~~ - lO - . ' e e Adopted and approved t . I hereby certify that was duly and regularly ordinance No. 1456(CCS) a meeting of the City Council on the 13th day of September 1988; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 27th day of September 1988 by the following Council vote: Ayes: Councilmembers: Finkel, Jennings, A. Katz, H. Katz, Reed, Zane, Mayor Conn Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: ~ ~t'