THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
Section 1. Part A of Chapter II of Article IV of the West Hollywood Municipal Code is amended in its entirety to read as follows:
4200. Public Policy. It is hereby declared as the public policy of the City of West Hollywood that it is necessary to protect and safeguard the right and opportunity of all persons to be free from discrimination on account of sexual orientation and/or gender identity.
At the present time, Federal and State laws protect against discrimination on the grounds of race, religion, color, ancestry, national origin, handicap, age, sex, and sexual orientation in the employment context. With the exception of protection in the employment context provided by State law, these laws do not protect against discrimination on the grounds of sexual orientation or gender identity in the provision of other services, and as a result, there is no adequate remedy under existing law against such discrimination.
The City recognizes that the practice of discrimination against persons on account of sexual orientation and/or gender identity deprives the City of the full utilization of its capacity for development and advancement, and substantially and adversely affects the interest of the City and the public in general.
4201. Definitions. As used in this Chapter:
Person shall mean and include one (1) or more individuals, partnerships, associations, corporations, labor organizations, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries.
Gender Identity refers to a person’s actual or perceived sex, and includes a person’s identity, appearance, or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with the person’s sex at birth.
Sexual Orientation refers to a person’s actual or perceived identity as being lesbian, gay, bisexual or heterosexual or as having one or more attributes commonly associated with being lesbian, gay, bisexual or heterosexual.
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4202. Housing; Prohibited Activity.
a. It shall be unlawful for any person to do any of the following acts wholly or partially if the effect would be to discriminate against a person on account of a person’s sexual orientation and/or gender identity:
1. To interrupt, terminate, or fail or refuse to initiate or conduct any transaction in real property, including but not limited to the rental thereof; to require different terms for such transaction; or falsely to represent that an interest in real property is not available for transaction;
2. To include in the terms or conditions of a transaction in real property any clause, condition, or restriction;
3. To refuse to lend money, guarantee the loan of money, accept a deed of trust or mortgage, or otherwise refuse to make available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of real property; or impose different conditions on such financing; or refuse to provide title or other insurance relating to the ownership or use of any interest in real property; or to impose different terms in, or conditions for insurance;
4. To refuse, restrict, or segregate facilities, services, repairs or improvements for any tenant or lessee;
5. To make, print, publish, advertise or disseminate in any way, or cause to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to a transaction or proposed transaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates an unlawful discriminatory intent or practice.
b. Exceptions
1. Nothing in this Chapter shall be construed to apply to the rental or leasing of any housing unit in which the owner or any member of his or her family occupies one (1) of the living units and it is necessary for the owner to use either a bathroom or kitchen facility in common with the prospective tenant;
2. Nothing in this Chapter shall be deemed to permit any rental or occupancy of any dwelling or commercial space otherwise prohibited by law.
4203. Public Accommodations; Prohibited Activity. It shall be unlawful for any person to do any of the following acts wholly or partially if the effect would be to discriminate against a person on account of a person’s sexual orientation and/or gender identity:
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a. To deny, directly or indirectly, any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any business or place of public accommodations;
b. To make, print, publish, advertise or disseminate in any way, or cause to be made, printed, published, advertised or disseminated in any way, any notice, statement or advertisement with respect to any business or public accommodation which indicates that the full enjoyment of any business or public accommodation will be refused to an individual on account of the persons sexual orientation and/or gender identity.
4204. Contractors and Subcontractors for City Public Works, Goods and Services.
Any employer, employment agency or labor organization who is, or wishes to become, a contractor with the City for public works or for goods or services is subject to the provisions of this Chapter relating to discrimination in employment and to the nondiscrimination requirements of this Chapter.
Prior to becoming a contractor or subcontractor with the City, or if, at any time the City has a reasonable basis to believe non-compliance on the part of a contractor or subcontractor, an employer, employment agency, or labor organization may be required to submit a nondiscrimination program to the City for approval and certification and may be required to submit periodic reports of its compliance with such a program.
Every City contract and subcontract for public works or for goods or services shall contain a nondiscrimination clause prohibiting discrimination on the basis of sexual orientation and/or gender identity by contractors or subcontractors. The nondiscrimination clause shall contain a provision requiring contractors and subcontractors to give written notice of their obligations under such clause to labor organizations with which they have a collective bargaining or other agreement. Such contractual provisions shall be fully and effectively enforced.
4205. City Services and Facilities; Prohibited Activity. It is unlawful for any person to do any of the following acts if the effect would be to discriminate against a person as a result in whole or in part on account of that person’s sexual orientation and/or gender identity:
a. To deny any person the full and equal enjoyment of, or to place different terms or conditions on the availability of the use of any City facility;
b. To deny any person the full and equal enjoyment of, or to impose different terms or conditions on the availability of, any City service;
c. To deny any person the full and equal enjoyment of, or to impose different terms or conditions upon the availability of, any service, program or facility wholly or partially funded or otherwise supported by the City;
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d. To make, print, publish, advertise or disseminate in any way, or cause to be made, printed, published, advertised or disseminated in any way, any notice, statement or advertisement with respect to any City service, facility or City assisted facility or service as described in subsection c. which indicates that the full enjoyment of such service and facilities will be refused an individual on account of the person’s sexual orientation and/or gender identity.
4206. Limitation on Actions. Actions under this Chapter must be filed within one (1) year of the alleged discriminatory acts.
4207. Construction of Chapter. The provisions of this Chapter shall be construed liberally for the accomplishment of its purposes.
4208-42 19. Reserved.
Section 2. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of West Hollywood hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or other portions might subsequently be declared invalid or unconstitutional.
PASSED, APPROVED AND ADOPTED THIS 20th day of July, 1998.
[Signature]
___[_______________________
MAYOR
ATTEST
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[Signature]
________________________
City Clerk
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I, JAMES THOMPSON, City Clerk of the City of West Hollywood, California, hereby certify that the foregoing Ordinance No. 98-520 was duly introduced by the City Council at their regular meeting held on the 6th day of July, 1998, and was duly passed, approved and adopted at the regular meeting held on the 20th day of July, 1998, by the following vote:
AYES: Councilmember - Guarriello, Koretz, Prang, Heilman, Mayor Martin.
NOES: Councilmember - None.
ABSENT: Councilmember - None.
I further certify that this ordinance was posted in three public places as provided for in Resolution No. 5, adopted the 29th day of November, 1984.
WITNESS MY HAND AND OFFICIAL SEAL THIS 20TH DAY OF JULY, 1998.
______________________________
JAMES THOMPSON, CITY CLERK