[HISTORY: Adopted by the Common Council of the City of Albany 5-21-2018 by Ord. No. 29.51.18. Amendments noted where applicable.]
For the purposes of this chapter, the following terms shall have the meanings indicated:
- CONVERSION THERAPY
- Any services offered or provided to consumers for a fee that seek to change a person's sexual orientation or seek to change a person's gender identity to conform to the sex of such individual that was recorded at birth.
It is unlawful for any person to offer or provide conversion therapy services. This prohibition does not proscribe services that provide assistance to a person undergoing gender transition, or counseling that provides acceptance, support, and understanding of a person's sexual orientation or facilitates a person's coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such services do not seek to change an individual's sexual orientation or gender identity.
Any person who violates any provision of this chapter, upon conviction thereof, shall be liable for a civil penalty not to exceed $1,000 for the first violation, $2,000 for the second violation, and $3,000 for each subsequent violation. For the purposes of this section, each instance a person is found to have violated the provisions of this chapter shall be considered a separate violation, except that multiple violations with regards to the same consumer shall be considered a single violation.
In addition to the penalties set forth in Subsection A of this section, a consumer so aggrieved by a violation of this chapter may also bring a private cause of action to recover compensatory and consequential damages. A successful plaintiff in such action shall be entitled to recover reasonable costs and attorneys' fees.
If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof, which shall remain in full force and effect.