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.)