Toledo Ordinance, passed December 1998
REVISED
ORDINANCE NO. 1183-98
Amending various sections of the Toledo Municipal Code to include prohibition of discrimination against any person upon the basis of sexual orientation.
Whereas, the City of Toledo has enacted laws which prohibit discrimination based upon race, creed, color, national origin, ancestry, sex, handicap, or age: and,
Whereas, the City of Toledo desires that all citizens of this city are not subject to distinct or different treatment in the work place, housing, or places of public accommodation; and,
Whereas, the City of Toledo desires that persons are not denied access to or fired from employment because of their sexual orientation; and,
Whereas, the city of Toledo wants no persons to be denied access to rental or lease property because of that person’s sexual orientation;
Whereas, the City of Toledo wants no persons to be denied access to public facilities and places of public accommodation because of their sexual orientation;
NOW THEREFORE, be it ordained by the Council of the City of Toledo:
Section 1. That Chapter 554 of the Toledo Municipal Code is amended as follows;
554.01. Definitions
(a) "Discriminate", "discriminates" or discrimination" means any distinction or difference in treatment of any person solely on the grounds or because of their race, religious creed, color, national origin, ancestry, sex, handicap, age or sexual orientation.
(b) "Employee" means any person hired or employed by any employer in consideration for direct or indirect monetary wages, compensation and/or profit or as a volunteer except those engaged in domestic service, personal service or an employee of an organized religious congregation or an employee of an organization or institution limited to members of a single religious faith.
(c) "Employer" means any person, one or more individuals, a partnership, association or corporation hiring or employing another in consideration for direct or indirect monetary wages, compensation and/or profit or as a volunteer except as provided in Section 554.02(b).
(d) "Labor organization" means any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers on behalf of an employee concerning grievances, terms or conditions of employment or of mutual aid or protection in connection with employment.
(e) "Employment agency" means any person any person, company, partnership, association or corporation which undertakes with or without compensation to procure opportunities to work, or to procure, recruit, refer or place employees.
(f) "Person selling real property" means any person, corporation, partnership, association or trustee who sells real property, leases or rents real property, or, who as agent for another, performs any of the functions listed herein.
(g) "Purchaser of real property" means any occupant, prospective occupant, lessee, prospective lessee, buyer or prospective buyer of any real property.
(h) "Financial institution" means any person, partnership, association or corporation engaged in the business of lending money or guaranteeing loans on real property.
(i) "Sexual orientation" means a person’s actual or perceived heterosexuality, bisexuality, homosexuality, or
gender identity, by orientation or practice.(j) "Places of public accommodation" means any inn, restaurant, eating house, barbershop, public conveyance by
air, land, or water, theater, store, or other place for the sale of merchandise, or any other place for the sale of
merchandise, or any other place of public accommodation or amusement where the accommodation, advantages,
facilities, or privileges thereof are available to the public.
(k) "Business establishment" means any entity, however organized, which furnishes goods or services to the
general public. An otherwise qualifying establishment which has membership requirements is considered to
furnish services to the general public if its membership requirements consist only of the payment of fees or consist
of requirements under which a substantial portion of the residents of this City could qualify.
554.02. Prohibited employment discrimination; exemptions.
(a) No employer, labor union, employment agency or any individual shall:
(1) Discriminate against any person with regard to hire, discharged, tenure, upgrading, promotion, terms or conditions of employment or union membership solely on grounds of race, religious creed, color, national origin, ancestry, sex, handicap, age, or sexual orientation.
(2) Publish or cause to be published any notice or advertisement relating to the employment or membership which contains any specification or limitation as to race, religious creed, color, national origin, ancestry, sex, handicap, age, or sexual orientation.
(3) Require of any applicant, as a condition of employment or membership, any information concerning his or her race, religious creed, color, national origin, ancestry, sex, handicap, age, or sexual orientation.
(4) Aid, abet encourage or incite the commission of any discrimination in employment practice prohibited by this chapter.
(b) Exemptions.
(1) Any employer of less than twelve persons is not subject to the provisions of subsection (a) hereof; furthermore, members of the immediate family of an employer shall not be included in determining the number of employees.
(2) Any religious organization or institution whose membership or service is limited to persons of a particular religious faith is not subject to the provisions of subsection (a) hereof.
(3) Any private organization having a purely social or fraternal purpose is not subject to the provisions of subsection (a) hereof.
(4) Any type of employment where religion, religious creed or nationality would usually and normally be considered an essential qualification of employment is not subject to the provisions of subsection (a) hereof.
554.03. Prohibited real estate discrimination.
(a) No person selling or renting real property shall, solely because of race, color, religion, national origin, ancestry, sex, handicap, age, or sexual orientation:
(1) Refuse to sell or rent property to a purchaser or renter of real property.
(2) Evict from or deny occupancy to a purchaser or renter of any real property.
(3) Make any distinction, discrimination or restriction against a purchaser or renter in the sale, rental, price, terms, conditions or privileges relating to the sale, rental, lease, occupancy of real property or in the furnishing of any facilities or services in connection therewith.
(4) Refuse to show any real property or otherwise attempt to prevent the sale, rental or lease of any real property to a purchaser or renter.
(b) No person selling or renting real property shall publish, circulate, issue or display, or cause to be published, circulated, issued or displayed, any communication, notice, advertisement or sign of any kind relating to the sale, rental or leasing of real property which indicates any preference, limitation or discrimination based on race, color, religion, national origin, ancestry, sex, handicap, age, or sexual orientation.
(c) No person, firm, partnership, association or corporation shall:
(1) Induce, directly or indirectly, or attempt to induce directly or indirectly, the sale or listing for sale of residential property by representing that a change has occurred or may occur with respect to the racial, religious, sexual orientation or ethnic composition of the block, neighborhood or area in which the property is located.
(2) Induce, directly or indirectly, or attempt to induce directly or indirectly, the sale or listing for sale of residential real property by representing that the presence or anticipated presence of individuals of any particular race, color, religion, national origin,
ancestry, sex, handicap, age, or sexual orientation in the area will or may result in:
A. The lowering of property value;
B. A change in the racial, religious, ethnic composition, or sexual orientation of the block, neighborhood or area in which the
property is located;
C. An increase in criminal or antisocial behavior in the area; and/or
D. A decline in the quality of the schools serving the area.
(3) Make any representation to any prospective purchaser or renter of real estate that any block, neighborhood or area has,
will or might undergo a change with respect to the religious, racial, sexual orientation or nationality composition of the block,
neighborhood or area for the purpose of discovering the purchase of residential property in a particular area.
(4) Place any sign advertising the sale or rental of real property on any City owned property without authority.
(5) Refer to race, color, religion, national origin, ancestry, sex, handicap, age or sexual orientation in any advertisement offering residential property for sale or rental.
(6) Engage in, hire or conspire with any other or others to commit acts or activities of any nature, the purpose of which is to incite fear of racial, religious, sexual orientation or ethnic change among property owners.
(d) No financial institution shall discriminate, as defined herein, in the granting, extending or renewing of any financial assistance or in the fixing of rates, terms or conditions of any financial assistance, sought by any person applying for the purchase, construction, rehabilitation, repair or maintenance of any real property, or improvements thereon.
(e) No person shall conspire, assist, aid or abet, induce, incite or coerce another person to commit an act or engage in a practice that violates this section, or engage in economic or other reprisals against a person or business firm for complying with this section.
554. . Business establishments.
It shall be an unlawful business practice for any person to deny any individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any business establishment including, but not limited to medical, dental, health care and convalescent services of any kind whatsoever on the basis, in whole or in part, solely because of race, color, religion, national origin, ancestry, sex, handicap, age, or sexual orientation.
544. . Places of Public Accomodation.
(a) It shall be an unlawful practice to deny any person the full and equal enjoyment of or to impose different terms and conditions on the availability of any of the following:
(1) Use of any facility or City service on the basis, in whole or in part, solely because of race, color, religion, national origin, ancestry, sex, handicap, age, or sexual orientation.
(2) Any service, program or facility wholly or partially funded or otherwise supported by the City as a result of the fact, in whole or in part, based solely because of race, color, religion, national origin, ancestry, sex, handicap, age, or sexual orientation. This subsection shall not apply to any facility, service or program which does not receive any assistance from the City which is not provided for the public generally.
544. . Intimidation
(a) "Intimidation" under this section means committing a specified crime against an individual, or group, exclusively or in part, because of that victim’s race, creed, color, national origin, ancestry, sex, handicap, age or sexual orientation.
(b) It shall be unlawful for a person to commit intimidation. A person commits intimidation if, by reason of the actual or perceived race, color, religion, national origin, ancestry, sex, handicap, age, or sexual orientation of another individual, or group of individuals, he or she violates any of the following sections of the Municipal Code:
509:03, Chapter 537 or Chapter 541.
554. . Liability.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor in the first degree.
Section 2. That this Ordinance shall become effective and shall be in force at the earliest time prescribed by law.
Adopted: , 1998, yeas , nays .
Attest:
Michael J. Beazley President of Council
Acting Clerk of Council
Approved: , 1998
Mayor
I hereby certify that the foregoing is a true and correct copy of an Ordinance adopted by Council on , 1998.
Attest:
Michael J. Beazley
Acting Clerk of Council