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(A) In conducting an investigation the Mayor shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation; provided however, that the Mayor first complies with the provisions of the Fourth Amendment of the United States Constitution relating to unreasonable searches and seizures. The Mayor may issue subpoenas to compel his access to or the production of such materials, or the appearance of such persons, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in the United States district court for the district in which the investigation is taking place. The Mayor may administer oaths.
(B) Upon written application to the Mayor, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the Mayor to the same extent and subject to the same limitations as subpoenas issued by the Mayor himself. Subpoenas issued at the request of a respondent shall show on their face the name and address of such respondent and shall state that they were issued at his request.
(C) Witnesses summoned by subpoena of the Mayor shall be entitled to the same witness and mileage fees as are witnesses in proceedings in United States district courts. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by him.
(D) Within five (5) days after service of a subpoena upon any person, such person may petition the Mayor to revoke or modify the subpoena. The Mayor shall grant the petition if he finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.
(E) In case of contumacy or refusal to obey a subpoena, the Mayor or other person at whose request it was issued may petition for its enforcement in the state court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business.
(F) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if in his power to do so, in obedience to the subpoena or lawful order of the Mayor shall be fined not more than $1,000 or imprisoned not more than one year, or both. Any person who, with intent thereby to mislead the Mayor, shall make or cause to be made any false entry or statement of fact in any report, account, record, or other document submitted to the Mayor pursuant to his subpoena or other order, or shall willfully neglect or fail to make or cause to be made full, true, and correct entries in such reports, accounts, records, or other documents, or shall willfully mutilate, alter, or by any other means falsify any documentary evidence, shall be fined not more than $1,000 or imprisoned not more than one year, or both.
(G) The City Attorney shall conduct all litigation in which the Mayor participates as a part or as amicus pursuant to this chapter.
(Ord. 94-1023, passed 6-23-94)
The rights granted by §§ 157.03 - 157.06 may be enforced by civil actions in state courts of general jurisdiction. A civil action shall be commenced within one hundred and eighty (180) days after the alleged discriminatory housing practice occurred, provided however, that the court shall continue such civil case brought pursuant to this section or sections 157.10(D) from time to time before bringing it to trial if the court believes that the conciliation efforts of the Mayor are likely to result in satisfactory settlement of the discriminatory housing practice complaint or in the compliant made to the Mayor 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 fidepurchaser, encumbrancer, or tenant without actual notice of the existence of the filing of a complaint or civil action under the provision 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 said plaintiff in the opinion of the court is not financially able to assume said attorney's fees.
(Ord. 94-1023, passed 6-23-94)
It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 157.03 - 157.06. This section may be enforced by appropriate civil action.
(Ord. 94-1023, passed 6-23-94)
Whoever, whether or not acting under color of law, by force or threat of force willfully inures, intimidates or interferes with or attempts to injure, intimidate or interfere with:
(A) Any person because of his race, color, religion, sex, national origin, familial status or status as an individual with a disability, and because he is or has been selling, purchasing, renting, financing, occupying, 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 of selling or renting dwellings; or
(B) Any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from:
(1) participating, without discrimination on account of race, color, religion, sex, national origin, familial status or status as an individual with a disability in any of the activities, services, organizations or facilities described in § 157.14(A); or
(2) affording another person or class of persons opportunity or protection so to participate; or
(C) Any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion or national origin, in any of the activities, services, organizations or facilities described in § 157.14(A), 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 one (1) year, or both; and if bodily injury results shall be fined not more than $10,000 or imprisoned not more than ten (10) years, or both; and if death results shall be subject to imprisonment for any term of years or for life.
(Ord. 94-1023, passed 6-23-94)