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SR-703-002 . -:rt?3-0~2- ~8 Santa Monica, California . CA:RMM:jldl05/hpc city council Meeting 9-13-88 STAFF REPORT FROM: Mayor and City Council City Attorney Ordinance 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 City Employees from Attending Meetings and/or Programs of Organizations Which Have Discriminatory Membership policies TO: SUBJECT: At its meeting on January 13, 1987, the city Council directed the city Attorney to draft an appropriate resolution for later consideration in public session to the effect that city employees shall not be permitted to appear before organizations on work time while on the City payroll if those organizations discriminate against women or minorities in membership or admissions policies. In addition, with respect to public officials, the city council directed the City Attorney to include a provision that City officials be similarly obligated and that if they appear before such discriminatory bodies, they should indicate that they are appearing on their own behalf and not on behalf of the City. At its meeting on June 2, 1987, the city Council directed the city Attorney to prepare an ordinance similar to the Los Angeles ordinance which prohibits discrimination at private clubs in Santa Monica. - 1 - e-c SEP 1 3 1988 . . In response to these directions, the accompanying ordinance has been prepared and is presented to the City Council for its consideration. The accompanying ordinance combines both City Council directions by adding Chapter 9B to Article IV of the Santa Monica Municipal Code. The ordinance prohibits any club or organization which is not distinctly private from denying any person entry to its facilities, membership in the club, or full enjoyment of the club1s or organization's amenities. In addition, the ordinance prohibits City employees, while on City time and on the city payroll, from attending any meeting or program offered by any organization or club that 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, and prohibits the City from paying any city employee's membership dues for such clubs or organizations. The City councilmembers are also discouraged from attending meetings and/or programs of such organizations and if any Councilmember does attend such a meeting or program, the Councilmember is required to indicate that he or she is in attendance in an individual capacity and not on behalf of the city. The ordinance does not prevent employees of the city from responding to emergency requests for assistance which affect the pUblic welfare or safety. The accompanying ordinance contains provisions for enforcement of the ordinance and penalties for violation thereof. Any person and the City of Santa Monica may enforce the - 2 - . . provisions of the ordinance by means of a civil action. Violators of this ordinance may be enjoined from activities which violate this ordinance by any court of competent jurisdiction and any action for injunction may be brought by any aggrieved person or the city Attorney. Furthermore, any person who violates the provisions of this ordinance is liable for a minimum of $250.00 plus attorney's fees per occurrence. Laws of this type have been upheld by the united states Supreme Court. See New York state Club Assoc., Inc. v. City of New York, u.s. , 56 U.S.L.W. 4653 (1988); Board of Directors of Rotary International V. Rotary Club of Duarte, 481 u.s. 107 S.ct. 1940 (1987); Roberts v. united states Jayce~s, 468 U.S. 609 (1984). While state law also concerns itself with the issue of club discrimination, Isbister v. Boys Club of Santa Cruz, Inc., 40 Cal. 3d 78, 707 P.2d 212, 219 Ca1. Rptr. 150 (1985), there are no preemption concerns since the state's Unruh civil Rights Act, civil Code Section 51, is not intended to fully occupy this field to the exclusion of local ordinances. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, city Attorney Joseph Lawrence, Assistant City Attorney - 3 -