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(A) The rights granted by §§ 93.03 through 93.05 and § 93.06 may be enforced by civil actions in the appropriate United States district, state or local court. A civil action shall be commenced within 180 days after the alleged discriminatory housing practice occurred: provided, however, that the court shall continue the civil case brought pursuant to this section or § 93.10(D) from time to time before bringing it to trial if the court believes that the conciliation efforts of the chief elected official are likely to result in satisfactory settlement of the alleged discriminatory housing practice complained of in the complaint made to the chief elected official and which practice forms the basis for the action in court; and provided, however, that any sale, encumbrance or rental consummated prior to the issuance of any court order issued under the authority of this chapter and involving a bona fide purchaser, encumbrancer or tenant without actual notice of the filing or a complaint or civil action under the provisions of this chapter shall not be affected.
(B) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order or other order and may award to the plaintiff actual damages and not more than $1,000 punitive damages, together with court costs and reasonable attorney fees in the case of a prevailing plaintiff: provided, that the plaintiff in the opinion of the court is not financially able to assume the attorney's fees.
(Ord. 59, passed 2-12-2003)
It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 93.03 through 93.05, or § 93.06 of this chapter. This section may be enforced by appropriate civil action.
(Ord. 59, passed 2-12-2003)
Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with:
(A) Any person because of their race, color, religion, sex, disability, familial status, HIV status, or national origin and because they are or have been selling, purchasing, renting, financing, occupying or contracting or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in any service organization or facility relating to the business or selling or renting dwellings;
(B) Any person because they are or have been, or in order to intimidate the person or any other person or any class of persons from:
(1) Participating, without discrimination because of race, color, religion, sex, disability, familial status, HIV status, or national origin, or in any of the activities, services organizations, or facilities; or
(2) Affording another person or class of persons opportunity or protection so to participate.
(C) Any citizen because they are or have been, or in order to discourage the citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, disability, familial status, HIV status, or national origin, in any of the activities, services, organizations or facilities, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate shall be fined not more than $1,000, or imprisoned not more than 1 year or both; and if bodily injury results shall be fined not more than $10,000, or imprisoned not more than 10 years or both; and if death results shall be subject to imprisonment for any term of years or for life and/or to other applicable local/state/federal laws.
(Ord. 59, passed 2-12-2003)