HomeMy WebLinkAbout18-1791 Adding City Code 6-3-13 Discrimination ProhibitedCITY OF MERIDIAN ORDINANCE NO. 18- 119
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
MILAM, PALMER, LITTLE ROBERTS
AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 6-3-13, REGARDING
DISCRIMINATION PROHIBITED; ADOPTING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, 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, and the use of public accommodations, the City of
Meridian has determined that, in addition to the existing protections enumerated by law,
discrimination on the basis of sexual orientation and/or gender expression/identity should be
addressed by the City's nondiscrimination policy.
WHEREAS it is recognized that all people within the City of Meridian are provided with
certain protections within the First Amendment to the United States Constitution (made
applicable to the States by the Fourteenth Amendment) for the free exercise of their sincere
religious beliefs as they seek to teach or exercise principles of religious faith that are fulfilling
and central to their lives.
WHEREAS it is also recognized that these same Constitutional provisions which
preserve these religious liberties for us also provides a boundary within which such exercise of
these liberties must fall, so that no person within our city, regardless of sexual orientation and/or
gender identity may be denied the equal right to enjoy the full benefits of citizenship including
equal opportunities for employment, housing, and public accommodation.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That a new section, Meridian City Code Section 6-3-13, shall be added, to
read as follows:
Section 6-3-13 PURPOSE AND DECLARATION OF POLICY
1. 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, and the use of public accommodations, the City of Meridian has
determined that discrimination on the basis of sexual orientation and/or gender identity/expression
must be addressed, and appropriate legislation be enacted. In furtherance of that determination
this Chapter shall be deemed an exercise of the police power of the City of Meridian for the
protection of the public welfare, prosperity, health and peace of the City of Meridian, its
residents and the community.
2. Nothing in this Chapter shall alter other rights, protections, or privileges secured under
ADDING CODE SECTION 6-3-13
REGARDINGDISCRIMINATIONPROHIBITED PAGE I OF
ADDING CODE SECTION 6-3-13
REGARDING DISCRIMINATION PROHIBITED PAGE 2 OF 5
state and federal law.
3. This ordinance shall be construed and applied in a fair, impartial, and neutral manner
consistent with First Amendment jurisprudence regarding the freedom of speech and exercise of
religion, including Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission , 138 S.Ct
1719 (2018).
Section 6-3-13(A) DEFINITIONS
"DENY" includes any act which, directly or indirectly, by any person or his agent or employee,
results or is intended or calculated to result in whole or in part in any discrimination, distinction,
restriction, or unequal treatment or representation. It also includes, but is not limited to, the
requiring of a person to pay a larger sum than the uniform rates charged other persons, or the
refusing or withholding from persons the admission, patronage, custom, presence, frequenting,
dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or
amusement except for conditions and limitations established by law and applicable alike to all
persons, regardless of sexual orientation and/or gender identity/expression.
"DISCRIMINATION" is any direct or indirect exclusion, distinction, segregation, limitation,
refusal, denial, or other differentiation in the treatment of a person because of a person's actual
or perceived sexual orientation or because of a person's association with any such person.
Discrimination shall not be interpreted to require or to grant or accord any preferential treatment
to any person because of that person's sexual orientation and/or gender identity/expression.
"FULL ENJOYMENT OF" shall be construed to include, but not be limited to, the right to
use, rent or purchase real property, any service, commodity or article of personal property
offered or sold by any person or establishment to the public, and the admission of any person
to accommodations, advantages, facilities or privileges of any place of public resort,
accommodation, assemblage or amusement, without acts directly or indirectly causing persons
of any particular sexual orientation to be treated as not welcome, accepted, desired or solicited.
“GENDER EXPRESSION/IDENTITY” means a gender-related identity, appearance, expression
or behavior of an individual regardless of a person's assigned sex at birth.
"HOUSING ACCOMMODATION" is a building or portion of a building, whether constructed
or to be constructed, that is or will be used as the home, domicile, residence, or sleeping quarters
of its occupants.
"PERSON" shall mean any natural person, firm, corporation, partnership or other organization,
association or group of persons however arranged.
"PLACE OF PUBLIC ACCOMMODATION" includes any public place, licensed or unlicensed,
kept for gain, hire or reward, or where charges are made for admission, service,
Meridian City Council Meeting Agenda September 25, 2018 – Page 202 of 275
ADDING CODE SECTION 6-3-13
REGARDING DISCRIMINATION PROHIBITED PAGE 3 OF 5
occupancy or use of any property or facilities, whether conducted for the entertainment, housing
or lodging of transient guests, or for the benefit, use or accommodation of those seeking health,
recreation or rest, or for the sale of goods and merchandise, or for the rendering of personal
services, or for public conveyance or transportation on land, water or in the air, including the
stations and terminals thereof and the garaging of vehicles, or where food or beverages of
any kind are sold for consumption on the premises, or where public amusement, entertainment,
sports or recreation of any kind is offered with or without charge, or where medical service or
care is made available, or where the public gathers or assembles for amusement, recreation or
public purposes, or public halls, public elevators and public washrooms of buildings and structures
occupied by two or more tenants, or by the owner and one or more tenants, or any public
library or any educational institution wholly or partially supported by public funds, or schools
of special instruction, or nursery schools, or day care centers or children's camps.
"SEXUAL ORIENTATION" is actual or perceived homosexuality, heterosexuality and/or
bisexuality and/or gender identity/expression.
Section 6-3-13(B) EXCEPTIONS
1. This ordinance does not apply to:
a. Religious corporations, associations, educational institutions, or societies.
b. Expressive associations whose employment of a person protected by this
ordinance would significantly burden the association's rights of expressive association. Boy Scouts
of America v Dale , 530 US 640 (2000).
c. Any institute, bona fide club, or place of accommodation, which is by its nature
distinctly private, provided that where public use is permitted that use shall be covered by this
ordinance; nor shall anything herein contained apply to any educational facility operated or
maintained by a bona fide religious or sectarian institution.
d. The United States government, any of its departments or agencies, or any
corporation wholly owned by it; or the state of Idaho or any of its departments, agencies, or
political subdivisions other than the City of Meridian.
e. The rental of a housing accommodation in a building which contains housing
accommodations for not more than two (2) families living independently of each other, if the
lessor or a member of his family resides in one (1) of the housing accommodations, or to the
rental of a room or rooms in a single-family residential housing accommodation by an individual
if he or a member of his family resides therein.
Section 6-3-13(C) PROHIBITED DISCRIMINATORY ACTS
1. The following acts are prohibited:
Meridian City Council Meeting Agenda September 25, 2018 – Page 203 of 275
ADDING CODE SECTION 6-3-13
REGARDING DISCRIMINATION PROHIBITED PAGE 4 OF 5
a. To deny to any other person because of sexual orientation and/or gender
expression/identity the right to work: (a) by failing or refusing to hire, (b) by discharging, (c)
by barring from employment, (d) by discriminating against such person in compensation or in
other terms or conditions of employment, or (e) otherwise discriminating against an individual
with respect to employment.
b. To deny to or to discriminate against any person because of sexual orientation
and/or gender expression/identity the full enjoyment of any of the accommodations, advantages,
facilities or privileges of any place of public accommodation.
c. To deny to or discriminate against any other person because of sexual orientation
and/or gender expression/identity in the sale, purchase, lease or rental of any housing
accommodation, or to otherwise discriminate in the terms and conditions, maintenance,
improvement or repair of any housing accommodation.
Section 6-3-13(D) CLAIM PROCESS
1. A complaint filed under the provisions of this Chapter must be filed in writing within 180
days of the alleged discriminatory conduct. This complaint will be forwarded to the City Attorney
or designee for review.
2. Upon receipt and review of a written complaint alleging a violation of this Ordinance, and
prior to filing a citation as set forth below, the City Attorney or designee shall first invite the
parties to the Complaint to participate in mediation. If the parties both accept the offer for
mediation the City Attorney or designee shall arrange for a mediation session to be completed
within 30 days at the expense of the City. If the matter is resolved through mediation, which may
include the following actions; the defendant engages in corrective action which may include
training for the defendant and/or the defendant's employees; the defendant's adoption of a policy
of nondiscrimination in its practices then no charge will be filed.
3. If one or both of the parties decline mediation, or if mediation is unsuccessful in resolving
the complaint, the report shall be investigated and forwarded to the prosecuting attorney for a filing
decision for a civil infraction.
Section 6-3-13(E) PENALTY
1. A violation of this Chapter shall be an infraction with a fine of $250.00 plus the appropriate
court costs for each violation.
2. Any person who falsely reports a violation of this chapter may be charged with the
crime of False Reporting, pursuant to Idaho State law and Meridian City Code.
Section 6-3-13(F) UNLAWFUL RETALIATION
It shall be unlawful for any person to discriminate against, harass, threaten, harm, damage, or
otherwise penalize another person for opposing an unlawful practice, for filing a complaint, for
Meridian City Council Meeting Agenda September 25, 2018 – Page 204 of 275
assisting, or participating in any manner in the investigation, or in mediation concerning this
Chapter.
Section 6-03-13(G) PRIVATE RIGHT OF ACTION
There is no private right of action created by this Chapter nor money damages available to any
person based on this Chapter.
Section 6-3-13(H) SEVERABILITY
1. If any provision or section of this Ordinance shall be held to be invalid by a court of
competent jurisdiction, then such provision or section shall be considered separately and apart
from the remaining provisions or sections of this Ordinance, which shall remain in full force and
effect.
2. Nothing in this Ordinance shall be construed to affect any suit or proceedings in any
Court, any rights acquired or liability incurred, and permit issued, or any cause or causes of action
existing under the General Ordinances of the City of Meridian or the State of Idaho.
3. That a summary of this Ordinance, attached hereto as Exhibit A, is approved as to both
form and content.
Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 3. That this ordinance shall be effective immediately upon its passage and
publication.
PASSED by the City Council of the City of Meridian, Idaho, on the 25 day of
%Q11p,Q,t� , 2018.
APPROVED by the Mayor of the City of Meridian, Idaho, on the25 day of
)MbepQ , , 2018.
APPROVED: ��o r ucusr 'moo ATTEST:
011
I DIN °
Tammy de Weerd, Mayor �O C ay Coles, C Clerk
SV NA -
z
ADDING CODE SECTION 6-3-13
REGARDINGDISCRIMINATIONPROHIBITED PAGE 5 of 5
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 18- IrICI 1
AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 6-3-13, REGARDING
DISCRIMINATION PROHIBITED; ADOPTING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East
Broadway Avenue, Meridian, Idaho. This ordinanceshal �tive upon the passage and
publicaton.USt
Q
C.Jay Coles, City Clerk
v
First Reading: q / '?S
Adopted after first reading by suspension of the Rule as allowed pursuant to
Idaho Code § 50-902: YES_ NO
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 18- 19 9 1
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby
certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance
no. 18- 1'1 I I of the City of Meridian, Idaho, and has found the same to be true and
complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3).
DATED this 2 5day of September, 2018.
o k"L'
William. L.M. Nary
City Attorney
ADDING CODE SECTION 6-3-13
REGARDINGDISCRIMINATIONPROHIBITED PAGE 6 of 5
351462 1819769
1 MERIDIAN, CITY OF
33 E. BROADWAY AV EN U E
MERIDIAN ID 83642
AFFIDAVIT OF PUBLICATION
STATE OF IDAHO )
)SS.
County of Ada )
Sharon Jessen
of Nampa, Canyon County, Idaho, being
first duly sworn, deposes and says:
1. That I am a citizen of the United States,
and at all times hereinafter mentioned
was over the age of eighteen years, and
not a party to the above entitled action.
2. That I am the Principle Clerk of the
Meridian Press, a weekly newspaper
published in the City of Meridian, in the
County of Ada, State of Idaho; that
the said newspaper is in general
circulation in the said County of
Ada, and in the vicinity of
Meridian, and has been
uninterruptedly published in said
County during a period of seventy-eight
consecutive weeks prior to the first
publication of this notice, a copy of
which is hereto attached.
3. That the notice, of which the annexed is
a printed copy, was published in said
newspaper 1 time(s) in the regular and
entire issue of said paper; and was
printed in the newspaper proper, and not
in a supplement.
That said notice was published the following:
10/05/2018
A 4 � _rj�
TATE OF IDAH
County of Canyon)
On this 11th day of October in the year of
2018 before me a Notary Public, personally appeared.
Sharon Jessen, known or identified
to me to be the person whose name is subscribed
to the within instrument, and being by me first
duly sworn, declared that the statements therein
are true, and acknowledge to me that he/she
exe ted the same.
otary Pub lc for Idaho
Residing at Canyon County
My Commission expires 06/28/2023
op
®•
• .
• •
I Till