For the purpose of this chapter, unless the context clearly
requires a different meaning, the words, terms and phrases hereafter
set forth shall have the meanings given to them in this section.
"AIDS"
means Acquired Immune Deficiency Syndrome (AIDS), AIDS related
conditions (ARC), or any other medical condition which a person contracts
as a result of having AIDS or ARC.
"Business establishment"
means any entity, however organized, which furnishes goods
and services to the general public. An otherwise qualified establishment
which has membership requirements is considered to furnish services
to the general public if its membership requirements consist only
of payment of fees or consist of requirements under which a substantial
portion of residents of the city could qualify.
"Condition related thereto"
means any perception or belief that a person is suffering
from AIDS, or the perception, real or imaginary, that a person is
at risk for AIDS.
"Employer"
means every person, including any person regularly employing
one or more persons, or any person acting directly or indirectly as
an agent of an employer.
"Person"
means any natural person, firm, corporation, partnership,
or other organization, association or group of persons, however organized.
"Real property transaction"
means any transaction affecting real property, including,
but not limited to, the sale, lease, rental, or financing of real
property.
(Ord. 2328-90 § 1)
It is unlawful for any person 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:
(a) Use
of any city facility or city service on the basis, in whole or in
part, of the fact that such person has the medical condition AIDS
or any condition related thereto.
(b) Any
service, program or facility wholly or partially funded or otherwise
supported by the city on the basis, in whole or in part, of the fact
that such person has the medical condition AIDS or any condition related
thereto. This subsection shall not apply to any facility, service
or program which does not receive any assistance from the city which
is not provided to the public generally.
(Ord. 2328-90 § 1)
Any person who violates any of the provisions of this chapter
or who aids in the violation of any provisions of this chapter is
liable for each and every such offense for the actual damages thereof,
in such amount as may be determined by a jury, or a court sitting
without a jury, up to a maximum of three times the actual damage but
in no case less than $1,000, and such costs and attorney's fees as
may be determined by the court. In addition, punitive damages may
be awarded in an appropriate case.
(Ord. 2328-90 § 1)
Judicial actions under this chapter must be filed within two
years of the alleged discriminatory act.
(Ord. 2328-90 § 1)
Any written or oral agreement which purports to waive any provision
of this chapter is against public policy and void.
(Ord. 2328-90 § 1)