158.08. Liability.

   Any person who violates any of the provisions of this chapter shall be liable for actual damages, costs and attorney fees to the individual whose rights are violated.

(Ord. 390-89. Passed 5-2-89.)

158.09. Enforcement.

   (a)   Civil Action.

   Any aggrieved person may enforce the provisions of this chapter by means of a civil action.

   (b)   Injunction.

      (1)   Any person who commits, or proposes to commit, an act in violation of this chapter may be enjoined therefrom by a court of competent jurisdiction.

      (2)   Action for injunction under this subsection may be brought by any aggrieved person, by the City Attorney or by any person or entity which will fairly and adequately represent the interests of the protected class.

   (c)   Nonexclusivity.

   Nothing in this chapter shall preclude any aggrieved person from seeking any other remedy provided by law.

(Ord. 390-89. Passed 5-2-89.)

158.10. Exceptions.

   No part of this chapter shall apply where a course of conduct is pursued which is necessary to protect the health or safety of the general public.

   In any action brought under this chapter, if a party asserts that an otherwise unlawful discriminatory practice is justified as necessary to protect the health or safety of the general public, that party shall have the burden of proving:

   (a)   That the discrimination is in fact a necessary result of a necessary course of conduct pursued to protect the health or safety of the general public; and

   (b)   that there exists no less discriminatory means of satisfying the necessary protection of the health or safety of the general public.

(Ord. 390-89. Passed 5-2-89.)