SR-606-001-01
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CA:RMM:rm4900a
CIty CouncIl MeetIng 10-9-84
Santa MonIca, CalIfornIa
STAFF REPORT
?-~
OCT 0 9 au
TO:
Mayor and City CouncIl
FROM:
CIty Attorney
SUBJECT:
OrdInance AddIng Chapter 9 to Artlcle IV
RelatIng to DlscrImInatlon on the BaSIS of
Sexual OrIentatIon
At Its meetIng on September 25, 1984, the CIty CouncIl
Introduced
for
first
readIng an ordinance prohIbItIng
dIscrImInatIon on the baSIS of sexual orIentatIon. The
ordInance IS now presented to the City CouncIl for adoptIon.
RECOMMENDATION
It IS respectfully recommended that the accompanYIng
ordInance be adopted
PREPARED BY: Robert M Myers, CIty Attorney
?-R
OCT 0 9 fl4
BEFORE DISTRIBUTION CHECK CONTENT OF ALL
D13TRIBUTION OF RESOLUTION H
CouncIl ~1eetIng Date )0/':; /~Y
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Agenda Item # F -g - tQJv(ud f..€./'vt...LvT
FOR CITY CJ..E~IO~
ORDINANCE , \ /~: 7 ..-/
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Introduced: 9- 2. C.--flo?
Adopted: 10- r -- r y
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Was It amended?
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VOTE- AffIrmatIve.
NegatIve:
Abstain:
Absent:
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..: Do back sheet on ~rd Processor
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DISTRIBUTION.
ORIGINAL to be signed, sealed and filed in Vault.
NEWSPAPER PUBLICATION (Date:
I
Department orIgInatIng staff report (
Management ServIces Lynne Barrette .0rdinances only
)
)
i
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SubJect file (agenda packet) 1
Counter file 1
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-
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Treasurer
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AV~~7 ~~w Jersey_07717
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PRESIDING JUDGE
SANTA MONICA MUNICIPAL COURT
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SANTA ~ONICA, CA 90401
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CA:RMM:rm4900
C1ty Counc1l Meeting 10-9-84 Santa Mon1ca, California
ORDINANCE NUMBER 1317 (CCS)
(City Council Serles)
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 Artlcle IV of the
Santa Mon1ca Municipal Code to read as follows:
Chapter 9
DISCRIMINATION ON THE BASIS
OF SEXUAL ORIENTATION
SECTION
4900.
Statement of
Poll cy.
D1scr1mlnatlon
based
on
sexual orlentatlon exists 1n the C1ty
of Santa Mon1ca. Such discriminatIon
foments strlfe, unrest and d1scord and
depr1ves
the Clty of the fullest
utllizat10n
of
lts resources and
capac1ty for development and advance-
ment.
Such dlscr1mlnat1on poses a
substantlal
threat to the health,
1
safety and welfare of the community.
EXIstIng state and federal restraInts
on arbitrary dlscr1m1natlon 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, Wh1Ch
furnishes goods or services to the
general publiC. An otherW1se qual1fy-
ing establIshment which has membersh1p
requ1rements 1S considered to furn1sh
serV1ces to the general publiC if Its
membership requ1rements: (1) consist
only of payment of fees, or (2) con-
sist of requirements under which a
substantial portion of the reSidents
of the City of Santa Monica could
qualify.
(b) IndIvidual. The same as
the
term "person."
Wherever thiS
Chapter
refers
to
the
sexual
orientation of any IndIVIdual, and the
2
IndIVIdual IS
shall mean the
a group1 the phrase
sexual orIentatIon of
any member of the group.
( c )
defIned
1314.
Person Any
in MunIcIpal
person as
Code SectIon
(d) Sexual OrIentation.
Actual
or supposed
heterosexualIty, or
homosexuallty-,
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.
(a) !Lnlawful
PractIces.
Employment.
Employment
(1) Employers-DIscrImIna-
tIon. It shall be an unlawful employ-
ment practIce for an employer to fall
or refuse to hIre, or to dIscharge any
IndIvIdual, or otherwIse to dIS-
crlmInate agalnst any indivIdual wlth
respect to compensatIon, terms, condI-
tIons or prIvIleges of employment on
3
the basIs,
in whole or in part, of
such indIvIdual's sexual orIentation.
(2) Employers - Segrega-
~ion. It shall be an unlawful employ-
ment practIce for an employer to
lImIt, segregate or classIfy 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 in part, of such in-
diVidual's sexual orientation.
(3) Employment Aqencies.
It shall be an unlawful employment
practIce for an employment agency to
fall or refuse to refer for employment
any IndiVIdual or to otherWise dIS-
crimInate against any IndIVIdual on
the basis, In whole or In part, of
such Individual's sexual orientation
(4) Labor Orqanizatlons.
It shall be an unlawful employment
practIce for a labor organization to
fall or refuse to Include in its mem-
bership
against
or to
otherWISe dIscrimInate
any
IndiVidual,
to limit,
4
segregate or classify its membership,
to classIfy or fall or refuse to refer
for employment any IndIVIdual In any
way WhIch would deprIve or tend to
deprIve such 1nd1v1dual of employment
opportunItIes, or to otherwIse ad-
versely affect an indlvldual's status
as an employee or as an applIcant for
employment on the basis, In whole or
In part, of such indlV1dual's sexual
or1enta~10n.
(5) Job TraInIng. It
shall be an unlawful employment prac-
tIce for an employer, an employment
agency or a labor organIzation to d1S-
cr1m1nate agaInst any indIvidual 1n
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 1n
part, of such IndIvidual's sexual
orIentation.
(6) Advertising. It
shall be an unlawful employment prac-
tIce )r an employer, employment
agency or a labor organIzatIon to
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prlnt,
pUbl1Sh,
adve~tlse
or
dissem1nate 1n any way, any notIce or
advertIsement wIth respect to employ-
ment, membersh1p 1n, or any clas-
sification or referral for employment
or tra1ning by any such organ1zat1on,
whlch 1ndicates that the employer,
employment agency or labor organIza-
tIon engages or WIll engage 1n a
V10latIon of thIS SectIon.
(b) Subterfuge. It shall be
unlawful to do any of the acts men-
tioned 1n thls Sectlon for any reason
that would not have been asserted
wholly or partIally, but for the
sexual orlentatlon of any Indiv1dual.
(c) Bona FIde Occupatlonal
Qual1flcatlon.
(1) Bona Flde Occupa-
tlonal Quallflcatlon. Nothlng con-
taIned In th1S Sectlon shall be deemed
to proh1b1t select10n or rejectIon
based upon a bona flde occupatlonal
quallflcatlon.
( 2 )
Burden of Proof
In
any action brought under SectIon 4907
of thIS Chapter, If a party asserts
6
that
an
otherWIse
unlawful
dIscrImInatory practIce IS justIfIed
as a bona fIde occupatIonal qualIfIca-
tIon, that party shall have the burden
of provIng: (a) that the dIscrImIna-
tIon 15 In fact a necessary result of
a bona fIde occupatIonal qualIflca-
tlon j and
(b)
that there eXIsts no
less dIscriminatory means of satisfy-
Ing the occupatIonal qualIfIcatIon
(d) ExceptIons.
(1) Employee BenefIt
It shall not be unlawful
System!';.
dIscrImInatory practIce for an
employer to observe the condItIons of
a bona fIde employee benefIt system,
p-ovIded 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 Employment.
No part of thIS SectIon shall apply to
the employment of IndIvIduals to per-
form services in the place of
reSIdence of the employer.
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SECTION 4903.
HousInq and Other
Real Estate Transactions.
(a) Unlawful
PractIces.
Real
Estate
(1) Transactions General-
lY. 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 1n
real property, IncludIng but not
lImIted to the rental thereof, to
require dlfferent terms for such
transactIon, to Include In the terms
or condItions of a transactIon In real
property
any clause,
condItIon or
restrlctIon, or to falsely represent
that an lnterest In real property 1S
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,
B
constructIon,
alteratIon, rehablllta-
tlon,
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
res~rIct 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) AdvertISIng. 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 sueL cransactlon, whIch
unlawfully IndIcates or attempts to
9
indIcate
any
unlawful preference,
lImItatIon or dIscrImInatIon on the
baSIS, In whole or In part, of any in-
dIVIdual's sexual orIentatIon.
(b) Subterfuqe. 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.
(e) ExceptIons.
(1) Owner OccupIed and
Small DwellIngs. 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 un1t or
commercial space otherwise prohibited
by law.
SECTION
Establishments.
(a) Unlawful BUS1ness Practice.
4904.
Business
(1) Business Practices
Generally. It shall be an unlawful
business practice for any person to
deny any 1ndlvldual the full and equal
enJoyment of the goods, services,
facilities, priVileges, advantages and
accomodatlons of any business estab-
lishment on the basIs, In whole or 1n
part, of such individual's sexual
or-Ie Itatlon.
(2) Credit.
It shall be
an unlawful business practice for any
person to deny credit to any in-
diVidual
on the basIs, In whole or In
such individual's sexual
part, of
orientatIon.
(3) Advertlslnq.
It
shall be an unlawful bUS1ness practice
for any person to make, print,
publiSh, advertIse or disseminate In
11
any way any notIce, statement or ad-
vertlsement wlth respect to any
buslness establIshment WhICh IndIcates
that such establishment engages or
wlll engage in any violatIon of thIS
Section.
(b) Subterfuge. It shall be
unlawful to do any of the acts men-
tIoned in thls Sectlon for any reason
that would not have been asserted,
wholly or partially, but for the
sexual orientatIon of any IndIVIdual.
SECTION 4905.
CItv FaCIlItIes
and SerVIces.
(a) Unlawful SerVIce PractIces.
(1) Clty 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 condltlons
on the availabIlity of, the use of any
CIty facilIty on the basls, In whole
or in part, of such lndIvidual's
sexual orIentatIon.
(2) City
SerVIces.
It
shall be an unlawful serVIce practice
12
for any person to deny any IndIvIdual
the full and equal enJoyment of, or to
Impose dlfferent terms or condItIons
on the avallablllty of, any Clty ser-
VIce on the basis, in whole or In
part,
of such indlvIdual's sexual
orlentation.
(3) Suooorted FacIlIties
and Services.
It shall be an unlawful
serVIce practice for any person to
deny any IndIvldual the full and equal
enJoyment of, or to Impose different
terms and condItIons upon the
avaIlabIlity of, any servIce, program
or faCIlIty wholly or partIally funded
or otherwlse supported by the CIty of
Santa MonIca, on the basIs, In whole
or In part, of such IndIvIdual's
sexual orientatIon.
ThlS subsectIon
shall not apply to any faCIlIty, ser-
vice or program which does not receIVe
any assIstance from the CIty of Santa
MonIca WhICh IS not provided to the
publIC generally.
(4) AdvertIsIng. It
shall be an unlawful service practice
for
any
person
to make, prInt,
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publish, advertIse or dissemInate In
any way any notice, statement or ad-
vertlsement wlth respect to any ser-
vice or faclllty provlded by e1ther
the City of Santa Monica or an or-
ganizat10n described in subsect10n (3)
which 1nd1cates that the C1ty of Santa
Monica or an organ1zat1on described 1n
subsection (3) engages in or will eng-
age 1n a v1olat1on of thls Sect1on.
(b) Subterfuqe It shall be an
unlawful d1scrlmlnatory practlce to do
any of the acts mentloned 1n this
Sectlon for any reason which would not
have been asserted, wholly or partlal-
ly, but for the sexual orlentation of
any indlvldual.
SECTION
4906.
Educat10nal
Institutlons.
(a) Unlawful
Practlces.
Educatlonal
(1)
AdmlsSlon
It shall
be an unlawful educatlonal practlce
for any person to deny admIsSIon, or
to lmpose dIfferent terms or
condltlons on admission, on the basls,
14
1n whole or in part, of such
indIVIdual's sexual orIentatIon.
( 2 )
SerVIces.
It shall
be an unlawful educatIonal pract1ce
for any person to deny any lndlvldual
the full and equal enjoyment of, or to
Impose dIfferent terms or cond1tlons
upon the avallabll1ty of, any serVlce
or program offered by an educatlonal
lnstltut10n on the bas1s, in whole or
1n part, of such lndlvldual's sexual
or1entat1on.
(3) FaCIlItIes.
It shall
be an unlawful educatIonal practice
for any person to deny any 1ndlvldual
the full and equal enJoyment of) or to
1mpose dlfferent terms or condItIons
upon the avaIlabIlity of, any faCIlity
owned or operated by an educatIonal
instltut10n on the bas1s, 1n whole or
In part, of such ind1vidual's sexual
orlentat10n.
(4) Advert1s1nq.
It
shall be an unlawful educat10nal prac-
t1ce for any person to make, pr1nt)
publISh, advertIse or d1ssemlnate 1n
any way any notIce,
statement or ad-
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vertlsement
educational
wIth respect
instItutIon
to an
which
IndIcates that such institutIon eng-
ages InJ or wIll engage 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.
(c) Exception. It shall not be
an unlawful discrImInatory practice
for a relIgIOUS or denomInational in-
stItutIon to lImIt admiSSIon, or gIve
other preference to applIcants of the
same relIgIon.
SECTION 4907. LiabIlity. Any
person who VIolates any of the prOVI-
SIons of thIS 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 .re 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) In addItIon
thereto.
The court maYI In such CIr-
cumstances that it deems approprIate,
award punItIve damages.
SECTION 4908. Enforcement.
(a) CIVIl ActIon. Any ag-
grIeved person may enforce the provI-
SIons of thIS Chapter by means of a
cIvil actIon.
(b)
Inlunctlon.
Any person who
commIts, or proposes to commIt, an act
In violation of this Chapter may be
enJoIned therefrom by any court of
competent JurIsdictIon. An actIon for
In)lJnctIon under thIS 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 Interests of the
protected class.
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SECTION
4909
LI~ltatlon on
ActIon. ActIons under thIS Chapter
must be filed wIthIn one year of the
alleged dIscrimInatory acts.
SECTION 4910. General Exception
for RellqIous OrganIzatIons. No part
of thIs Chapter shall apply to bona
fIde relIgIous organIzatIons.
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 neces-
sary to affect the provIsIons of thIS ordInance.
SECTION 3. If any sectIon, sUbsectIon, sentence,
clause, or phrase of thIS ordlnarcce is for any reason held to
be InvalId or unconstitutIonal by a deCISIon of any court of
competent JurIsdIction, such deCISIon shall not affect the
valIdIty of the remaInIng portions of the ordInance. The CIty
CouncIl hereby declares that It would have passed thIS Or-
dInance and each and 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 Cl~rk
shall attest to the passage of thIS ordInance. The CIty Clerk
18
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shall cause the same to be publ1shed once 1n the off1cial
newspaper with1n 15 days after Lts adoption. The ordlnance
shall become effect1ve 30 days from Lts adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
CLty Attorney
19
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Adopted and approved thIS 9th day of October, 1984.
I hereby certIfy that the foregoIng ordInance, No. 1317(CCS),
was duly and regularly Introduced at a meetIng of the CIty Coun-
Cll 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: Councllmembers: Conn, JennIngs, Press, Reed, Zane
and t>1ayor Edwards
Noes: COU1cllmembers: EpsteIn
AbstaIn: Councllmembers: None
Absent: Councllmembers: None
ATTEST:
~7n~
I
CIty Clerk