A. In order to ensure that all persons, regardless of sexual orientation and/or gender identity/expression enjoy the full benefits of citizenship and are afforded equal opportunities for employment, housing, commercial property and use of public accommodations, the city of Hailey has determined that discrimination on the basis of sexual orientation and gender identity/expression must be addressed and appropriate legislation be enacted.
B. It is hereby declared that every individual in the city of Hailey has the right to work and earn wages through gainful employment, has the right to seek housing and has the right to enjoy public accommodation and hospitality.
C. It is hereby declared to be the public policy of the city of Hailey to foster the employment of all individuals in accordance with their abilities. Every individual has the right to work and earn wages through gainful employment. Discriminatory employment practices are detrimental because they impede the social and economic progress of a city by preventing all of the city's citizens from contributing to the cultural, spiritual, social and commercial life of the community. The contributions of all the citizens of the city of Hailey are essential to the city's growth, vitality and prosperity.
D. It is the intent of this chapter that all persons be treated fairly and equally, and it is the express intent of this chapter to guarantee fair and equal treatment under the law to all people in the city of Hailey. The denial of fair and equal treatment under the law due to sexual orientation or gender identity/expression is detrimental to the health, safety and welfare of the city's citizens, and damages a city's economic well being.
E. This chapter shall be deemed an exercise of the police power of the city of Hailey for the protection of the public welfare, prosperity, health and peace of the city of Hailey, its residents and the community.
F. The prohibitions against discriminatory acts as provided for in this chapter are intended to supplement state and federal civil rights law prohibiting discrimination in the areas of employment, public accommodations and housing. Therefore, this chapter shall not apply to complaints alleging discrimination on a basis proscribed under state or federal law (e.g., race, color, religious creed, ancestry, age, sex, national origin, familial status, veteran's status and/or disability).
G. Nothing in this chapter is intended to alter or abridge other rights, protections or privileges secured under state and/or federal law. This chapter shall not create a private cause of action, nor shall it create any right or remedy that is the same or substantially equivalent to a remedy under federal or state law.
H. This chapter shall not create any special rights or privileges which would not be available to all of Hailey's citizens because every person has a sexual orientation and a gender identity.
I. This chapter shall be construed and applied in a manner consistent with constitutional right of freedom of speech and exercise of religion. (Ord. 1174, 2015)