(a) It is hereby declared to be the policy of the City that no person, corporation, partnership, company, or other individual or entity located within, or conducting business within, the City’s corporate limits shall discriminate against any other person in the provision of and/or opportunity to participate in or enter into a place of business, obtain housing, use public accommodations, obtain an education, obtain and maintain employment, enter into a contract, and/or participate in or obtain any program, service, or amenity provided to the general public on the basis of the latter’s race, color, religion, national origin, gender, disability, sexual orientation, gender identity or expression, family or marital status, ancestry, age, and/or veteran status.
(b) Any person or entity that violates the City’s Nondiscrimination Policy as set forth in subsection (a) above may, for the first offense, be given a written warning that shall remain on file in the City Attorney’s office. For each subsequent offense, any person violating subsection (a) above shall, in addition to any fines, penalties, and other terms and conditions imposed by any federal, state, or county court or administrative agency of competent jurisdiction, be subject to a fine of up to Five Hundred Dollars ($500.00), plus reasonable attorney fees and costs, for each such violation, each act of discrimination against a person and each day during which an act of discrimination continues constituting a separate violation.
(c) As this section does not create a private right of action, any alleged act of discrimination in violation of subsection (a) above shall be reported to the City Attorney. If the City Attorney, in his prosecutorial discretion, determines that a violation of subsection (a) above has occurred, a citation shall be issued, filed, and prosecuted by the City Attorney or his designee.
(d) Exclusions: This section shall not apply to
(1) Religious worship and clergy while engaged in religious duties or activities; however, business activities by religious institutions or clergy are not excepted;
(2) A not-for-profit membership club organized exclusively for fraternal or religious purposes and/or any not-for-profit social club that is not open to the general public, so long as the same is exempt from taxation under the Internal Revenue Code, as amended;
(3) Any persons or property expressly exempted under I.C., 22-9 et seq., I.C., 22-9.5 et seq., or any other applicable and binding law or court decision;
(4) A private residence or private gathering not open to the general public;
(5) The maintenance of separate restrooms or dressing rooms for the exclusive use of persons of one gender;
(6) The hiring or referral for employment of a person for a job position on the basis of sex, religion, and/or age in those certain instances where the same are lawful bona fide occupational qualifications for the job position at issue.
(Ord. D-2224-15, As Amended, 10-5-15)