[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:
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.
A.Â
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.
B.Â
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.