Sec. 27-10. Scope.

(a) Damages and other relief for complainant. After finding a violation of this Article or Articles X, XI, XIII, or XV, the case review board may order the payment of damages (other than punitive damages) and any other relief that the law and the facts warrant, such as:

(1) compensation for:

(A) reasonable attorney's fees;

(B) property damage;

(D) unreimbursed travel or other reasonable expenses;

(E) damages not exceeding $500,000 for humiliation and embarrassment, based on the nature of the humiliation and embarrassment, including its severity, duration, frequency, and breadth of observation by others;*

*Editor’s note—Subparagraph (E) of Sec. 27-8(a)(1) was amended by 2005 L.M.C., ch. 29, § 2 (Bill 36- 04). However, in American Financial Services, et. al. v. Montgomery County, (Civil Action No. 269105), the Court declared Bill 36-04 “null and void” by order dated 11/30/06. Prior to 2005 L.M.C., ch 29, subparagraph (E) read as follows: (E) up to $5,000 for humiliation and embarrassment, based on the nature of the humiliation and embarrassment, including its severity, duration, frequency, and breadth of observation by others.

(F) financial losses resulting from the discriminatory act or a violation of Article X or XV; and*

*Editor’s note—Subparagraph (F) of Sec. 27-8(a)(1) was added and former subparagraph (F) was relettered (G) by 2005 L.M.C., ch. 29, § 2 (Bill 36-04). However, in American Financial Services, et. al. v. Montgomery County, (Civil Action No. 269105), the Court declared Bill 36-04 “null and void” by order dated 11/30/06.

(G) interest on any damages from the date of the discriminatory act or violation, as provided in subsection (c);

(2) equitable relief to prevent the discrimination or the violation of Articles X, XI, XIII, or XV and otherwise effectuate the purposes of this Chapter;

(3) consequential damages, such as lost wages from employment discrimination or a violation of Article X or higher housing costs from housing discrimination, for up to 2 years after the violation, not exceeding the actual difference in expenses or benefits that the complainant realized while seeking to mitigate the consequences of the violation (such as income from alternate employment or unemployment compensation following employment discrimination); and

(4) any other relief that furthers the purposes of this Article or Articles X, XI, XIII, or XV or is necessary to eliminate the effects of any discrimination prohibited under this Article.

(b) Civil penalties.

(1) In addition to any damages awarded to any person under this Article, the case review board may require any person, except the County, who has violated this Article or Article XII to pay to the County as a civil penalty:

(A) for each violation involving discrimination in housing:

(i) up to $10,000, if no court or administrative agency has found that the respondent committed any previous discriminatory act or practice involving discrimination in housing;

(ii) up to $25,000, if any court or administrative agency has found that the respondent committed a previous act or practice involving discrimination in housing during the 5 years before this complaint was filed with the Commission; and

(iii) up to $50,000, if any court or administrative agency has found that the respondent committed 2 or more previous acts or practices involving discrimination in housings during the 7 years before this complaint was filed with the Commission;

(B) for each violation involving discrimination in employment or public accommodations, up to $5,000;

(D) for each violation involving intimidation, up to $1,000;

(E) for each violation of Article XII, up to $1,000;

(F) for any other violation, $500.

(2) When imposing a civil penalty, the board must consider:

(A) any prior findings of discrimination;

(B) the willfulness of the discrimination act; and

(c) Interest. The board may order the respondent to pay to the complainant interest on a damage award at 6 percent per year of any money that was unavailable to the complainant as a result of the act of discrimination, from the date of the discriminatory act to the later of the date of the Commission or judicial order. After judgment, the rate of interest on the judgment is 10 percent per year. (2001 L.M.C., ch. 9, § 1; 2005 L.M.C., ch. 29, § 2; 2012 L.M.C., ch. 18, § 1; 2013 L.M.C., ch. 34, § 1; 2014 L.M.C., ch. 36, § 1; 2015 L.M.C., ch. 29, §1; 2019 L.M.C., ch. 25, §1.)

Editor’s note—Sections 27-8, 27-9, 27-19, and 27-20 are cited, and Sections 27-8 and 27-9 are quoted in Edgewood Management Corp. v. Jackson, 212 Md. App. 177, 66 A.3d 1152, cert. denied, 434 Md. 313, 75 A.3d 318 (2013). The Court interpreted Section 27-8 as governing the penalties and relief that may be awarded by a case review board after an administrative finding of a discriminatory act under the Montgomery County Code.

Section 27-8 is quoted in Manor Country Club v. Flaa, 387 Md. 297, 874 A.2d 1020 (2005), reversing and remanding 158 Md. App. 483, 857 A.2d 604 (2004), where the Court interpreted factors for calculating attorney’s fees under former language contained in Montgomery County Code § 27-7; the section was amended prior to the Court’s decision.

Sec. 27-9. Civil actions.

(a) Any person subjected to an act of discrimination or intimidation under this article may pursue a civil action under Maryland law. A person who substantially prevails in a civil action may recover costs and reasonable attorney's fees.

(b) If a person fails to comply with a court order issued in a civil action under this article, the Commission, acting through the County Attorney, may sue to compel compliance, and the County may recover costs and reasonable attorney's fees if the County substantially prevails in the action.

(c) The County Attorney may bring a civil action to enforce this article. The County may recover costs and reasonable attorney's fees if the County substantially prevails in an enforcement action. (2001 L.M.C., ch. 9, § 1.)

Section 27-9 is cited in Gasper v. Ruffin Hotel Corp. of Maryland, Inc., 183 Md. App. 211; 960 A.2d 1228 (2008).

See County Attorney Opinion dated 6/16/00 indicating that the Human Relations Commission does not have jurisdiction to investigate complaints of housing or public accommodation discrimination by inmates at the County detention center. See County Attorney Opinion dated 4/13/99-A discussing what should occur when an Ethics Commission member holds over as a result of the Council not having confirmed a newly appointed member.

DIVISION 1. DISCRIMINATION IN PUBLIC ACCOMMODATIONS.*

Notes

*State law references—Discrimination in public accommodation, Ann. Code of Md., art. 49B, §§ 5, 6, 7, 8, 8A.

Sec. 27-10. Scope.

(a) This division applies to every public accommodation of any kind in the County whose facilities, accommodations, services, commodities, or use are offered to or enjoyed by the general public either with or without charge, such as:

(1) restaurants, soda fountains, and other eating or drinking places, and all places where food is sold for consumption either on or off the premises;

(2) inns, hotels, and motels, whether serving temporary or permanent patrons;

(3) retail stores and service establishments;

(4) hospitals, health care institutions, domiciliary care homes, nursing homes, personal care homes, and clinics;

(5) motion picture, stage, and other theaters and music, concert, or meeting halls;

(6) circuses, exhibitions, skating rinks, sports arenas and fields, amusement or recreation parks, picnic grounds, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool rooms, and swimming pools;

(7) public conveyances, such as automobiles, buses, taxicabs, trolleys, trains, limousines, boats, airplanes, and bicycles;

(8) utilities, such as water and sewer service, electricity, telephone, and cable television;

(9) streets, roads, sidewalks, other public rights-of-way, parking lots or garages, marinas, airports, and hangars; and

(10) places of public assembly and entertainment of every kind.

(b) In this Chapter, “public accommodation” includes any service, program, or activity offered to or used by the general public.

(c) Except as provided in Section 27-11B, this division does not apply to accommodations that are distinctly private or personal. (Mont. Co. Code 1965, § 77-9; Ord. No. 6-43; 1969 L.M.C., ch. 33, § 1; 1972 L.M.C., ch. 21, § 1; 2001 L.M.C., ch. 9, § 1; 2001 L.M.C., ch. 33 , § 1; 2020 L.M.C., ch. 30, §1; 2022 L.M.C., ch. 24, §1.)

Editor’s note—Section 27-10, formerly § 27-8, was renumbered, amended and retitled pursuant to 2001 L.M.C., ch. 9, § 1.

Former Section 27-10, relating to penalties, derived from Mont. Co. Code 1965, § 77-11; Ord. No. 6-57; 1969 L.M.C., ch. 33, § 1; 1972 L.M.C., ch. 21, § 1; 1977 L.M.C., ch. 30, § 3, was repealed by 2001 L.M.C., ch. 9, § 1.

Sec. 27-11. Discriminatory practices – in general.

(a) An owner, lessee, operator, manager, agent, or employee of any place of public accommodation in the County must not, with respect to the accommodation:

(1) make any distinction with respect to any person based on race, color, sex, marital status, religious creed, ancestry, national origin, disability, sexual orientation, gender expression, HIV status, or gender identity in connection with:

(A) admission;

(B) service or sales; or

(2) display, circulate or publicize or cause to be displayed, circulated or publicized, directly or indirectly, any notice, communication, or advertisement that states or implies:

(A) any distinction in the availability of any facility, service, commodity, or activity related to the accommodation that would violate paragraph (1), or

(B) that the patronage or presence of any person is unwelcome, objectionable, unacceptable, or not desired or solicited on account of any person's race, color, sex, marital status, religious creed, ancestry, national origin, disability, sexual orientation, gender expression, HIV status, or gender identity;

(3) retaliate against any person because that person:

(A) lawfully opposed any discriminatory practice under this division; or

(B) filed a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this division;

(4) assist in, compel, or coerce any discriminatory practice under this division;

(5) obstruct or prevent enforcement or compliance with this division; or

(6) attempt directly or indirectly to commit any discriminatory practice under this division.

(b) A person must not refuse to make any readily achievable modification that would give a person with a disability equal opportunity to use and enjoy the public accommodation. (Mont. Co. Code 1965, § 77-10; 1969 L.M.C., ch. 33, § 1; 1972 L.M.C., ch. 21, § 1; 1978 L.M.C., ch. 6, § 4; 1984 L.M.C., ch. 26, § 8; 2001 L.M.C., ch. 9, § 1; 2001 L.M.C., ch. 33 , § 1; 2006 L.M.C., ch. 33, § 1; 2007 L.M.C., ch. 18, § 1; 2020 L.M.C., ch. 30, §1.)

Editor's note— Section 27-11 is cited in Doe v. Montgomery County Board of Elections, 406 Md. 697, 962 A.2d 342 (2008) and in Conaway v. Deane, 401 Md. 219, 932 A.2d 571 (2007). The above section is interpreted and applied in Holiday Spas v. Montgomery County Human Relations Commission, 70 Md.App. 344, 521 A.2d 340 (1987) and in Peppin v. Woodside Delicatessen, 67 Md.App. 39, 506 A.2d 263 (1986).

Section 27-11, formerly § 27-9, was renumbered, amended and retitled pursuant to 2001 L.M.C., ch. 9, § 1.

Former Section 27-11, relating to definitions under division 2, discrimination in real estate, derived from Mont. Co. Code 1965, § 77-12; Ord. No. 6-57; 1969 L.M.C., ch. 33, § 1; 1972 L.M.C., ch. 21, § 1; 1977 L.M.C., ch. 30, § 5; 1984 L.M.C., ch. 26, § 9; 1988 L.M.C., ch. 4, § 1; CY 1991 L.M.C., ch. 3, § 1, was repealed by 2001 L.M.C., ch. 9, § 1.

Sec. 27-11A. Discriminatory practices – specific protections for LGBTQ individuals in care facilities.

(a) Legislative findings and statement of policy.

(1) The County has a goal to ensure that every resident can live without fear of discrimination based on sex—including on the basis of gender identity or sexual orientation. To achieve this goal the county will:

(A) protect LGBTQ community members from discrimination in all public facilities, including health and personal care facilities;

(B) ensure medical providers respect the gender identity and pronouns of all patients;

(D) ensure that all public accommodations in Montgomery County adhere to non-discrimination laws.

(2) The County Council finds that ending and preventing harassment among LGBTQ individuals requires substantial coordination and cooperation among federal, state, and local governments, as well as private sector service providers and community organizations.

(b) Definitions. In this Section, the following terms have the meanings indicated.

Care facility or facility means a place of public accommodation that provides direct personal care or health care to individuals, such as a hospital, clinic, nursing home, domiciliary care home, or personal care home.

Harass includes requiring an individual to show identity documents to gain entrance to a restroom available to other individuals of the same gender identity.

(c) Discriminatory practices prohibited under Section 27-11 include when an owner, lessee, operator, manager, agent, or employee of any care facility in the County, based on an individual’s sexual orientation, gender identity, gender expression, or HIV status:

(1) denies admission to a facility, transfers or refuses to transfer the individual within a facility or to another facility, or discharges or evicts an individual from a facility;

(2) denies a request by individuals to share a room in a facility;

(3) if rooms are assigned by gender, assigns, reassigns, or refuses to assign a room to a transgender individual other than in accordance with the individual’s gender identity, unless at the individual’s request;

(4) prohibits an individual from using, or harasses an individual who seeks to use or does use, a restroom available to other individuals of the same gender identity, regardless of whether the individual is making a gender transition or appears to be gender-nonconforming;

(5) willfully and repeatedly uses an individual’s incorrect name or pronouns after being clearly informed of the correct name or pronouns;

(6) denies an individual the right to wear or be dressed in clothing, accessories, or cosmetics that are allowed for any other individual;

(7) restricts an individual’s right to associate with other individuals, including the right to consensual sexual relations, unless the restriction uniformly applies to all individuals in a nondiscriminatory manner;

(8) denies or restricts medical or nonmedical care; or

(9) provides medical or nonmedical care in a manner that, to a similarly situated reasonable individual, unduly demeans the individual’s dignity or causes avoidable discomfort.

(d) Notice requirements. A facility must post prominently, and must include with any materials that describe the facility’s nondiscrimination policies, a notice that:

(1) meets the requirements of subsection (e); and

(2) is in a form prescribed by the Director.

(e) The notice required under subsection (d) must include:

(1) a statement that the law prohibits discrimination, including bullying, abuse, or harassment, on the basis of:

(A) actual or perceived sexual orientation, gender identity, gender expression, or HIV status; or

(B) an association with another individual on account of that individual’s actual or perceived sexual orientation, gender identity, gender expression, or HIV status; and

(2) information about filing a complaint with the Commission on Human Rights. (2020 L.M.C., ch. 30, §1.)

Sec. 27-11B. Gender-Inclusive Single-User Restrooms.

(a) Definitions. In this Section, the following terms have the meanings indicated:

Gender-inclusive signage means a sign or display identifying a restroom that does not indicate a specific gender or contains descriptive language, such as “restroom”, “bathroom”, or “toilet”, or a picture or icon indicating the restroom’s availability for use by any individual regardless of gender or gender identity. A gender-inclusive signage may include a picture or icon of a toilet.

Place of public accommodation has the meaning stated in Section 27-10.

Public single-user restroom means a single-occupancy restroom for public use with at least one toilet and an entry door that can be locked from the inside by the occupant. A public single-user restroom does not include a private restroom in a residence, hospital, inn, hotel, motel, or restrooms that are only accessible from a private room or office.

(b) Gender-inclusive public single-user restroom – required. A public single-user restroom, existing or newly built, in a place of public accommodation or County-owned building, must be:

(1) made available for use by individuals of any gender; and

(2) identified with gender-inclusive signage.

(1) Who may enforce. The following have the authority to enforce this Section:

(A) The Department of Permitting Services;

(B) The Department of Health and Human Services; and

(2) A person authorized to enforce this Section must not issue a citation unless the violation still exists 30 days after an initial notice of violation.

(3) A violation of this Section is a Class A violation. (2022 L.M.C., ch. 24, §1; 2023 L.M.C., ch. 21, § 1.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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