No person that owns, leases, rents, operates, manages or in any manner controls a public accommodation shall withhold, deny, curtail, limit or discriminate concerning the full use of such public accommodation by any individual because of the individual's race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military status, or source of income. The prohibition contained in this section shall not apply to the following:
(a) a private club or other establishment not in fact open to the public, except to the extent that the products, facilities or services thereof are made available to the general public or to the customers or patrons of another establishment that is a public accommodation;
(b) any facility, as to discrimination based on sex, which is distinctly private in nature, such as restrooms, shower rooms, bathhouses, dressing rooms and health clubs;
(c) any facility, as to discrimination based on sex, which restricts rental of residential or sleeping rooms to individuals of one sex;
(d) any educational institution, as to discrimination based on sex, which restricts enrollment of students to individuals of one sex; and
(e) notwithstanding subsections (a) through (d) above, any person may use a public accommodation or any of its products, facilities or services that are open to persons of his or her sex. For purposes of this subsection, "sex" includes both biological category and gender identity. Each person determines his or her own gender identity; no proof shall be required except his or her expression of his or her gender.
(Prior code § 199-7; Added Coun. J. 12-21-88, p. 23526; Amend Coun. J. 11-6-02, p. 96031, § 3; Amend Coun. J. 2-10-16, p. 18514, § 12; Amend Coun. J. 6-22-16, p. 26608, § 1; Amend Coun. J. 4-27-22, p. 46382, § 11)