(a) 
The city council makes the following findings:
(1) 
The medical condition described as Acquired Immune Deficiency Syndrome and commonly known as AIDS is a lifethreatening disease which has the potential to affect every segment of our city's population.
(2) 
No evidence exists to indicate the spread of the disease through casual contact, such as contact at work or at school, through the air or water or through the handling of food by persons having AIDS or AIDS related conditions (ARC).
(3) 
Discrimination against individuals with AIDS or AIDS related conditions exists in the city. This discrimination may occur with regard to employment, testing, education, real estate transactions, business establishments, services, accommodations and association.
(4) 
Such discrimination foments strife, unrest and discord. Such discrimination deprives the city of the fullest utilization of its resources and capacity for development and advancement.
(5) 
Such discrimination poses a substantial threat to the health, safety and welfare of the community. Existing state and federal restraints on arbitrary discrimination are inadequate to meet the particular problems of the city.
(b) 
This chapter is enacted to eliminate discrimination against persons with AIDS or any medical sign, condition or symptom related thereto. Toward this end, this chapter is adopted to prohibit such discrimination with respect to employment, real property transactions, educational institutions, business practices, AIDS testing, city facilities, and association and retaliation.
(Ord. 2328-90 § 1)
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)
(a) 
It shall be an unlawful employment practice for any employer, employment agency or labor organization, or any agent, officer or employee thereof to do or attempt to do any of the following:
(1) 
Fail or refuse to hire any person, discharge any person, or otherwise discriminate against any person with respect to compensation, terms, conditions or privileges of employment, including promotion, on the basis, in whole or in part, of the fact that such person has AIDS or any condition related thereto.
(2) 
Limit, segregate, or classify employees or applicants for employment in any manner which would deprive or tend to deprive any person of employment opportunities, or adversely affect his or her employment on the basis, in whole or in part, of the fact that such person has AIDS or any condition related thereto.
(3) 
Fail or refuse to refer for employment any person, or otherwise to discriminate against any person on the basis, in whole or in part, of the fact that such person has AIDS or any condition related thereto.
(4) 
Fail or refuse to include in its membership or otherwise discriminate against any person; or limit, segregate or classify its membership; or classify or fail or refuse to refer for employment any person in any way which could deprive or tend to deprive such person of employment opportunities, or otherwise adversely affect his or her status as an employee or an applicant for employment on the basis, in whole or in part, of the fact that such person has AIDS or any condition related thereto.
(5) 
Discriminate against any person in admission to, or employment in, any program established to provide apprenticeship or other training or retraining, including any on-the-job training program, on the basis, in whole or in part, of the fact that such person has AIDS or any condition related thereto.
(6) 
Print, publish, advertise or disseminate in any way, or cause to be printed, published, advertised or disseminated in any way, any notice or advertisement with respect to employment, membership in, or any classification or referral for employment or training by any organization, which indicates an unlawful discriminatory act or preference based on AIDS.
(b) 
Nothing contained in this section shall be deemed to prohibit selection, rejection or dismissal from employment based upon a bona fide occupational qualification. A "bona fide occupational qualification" shall include, but not be limited to, the capacity of a person to perform his or her duties without endangering his or her health or safety, or the health or safety of others.
(c) 
In any action brought under this section, if a party asserts that an otherwise unlawful discriminatory practice is justified as a bona fide occupational qualification, that party shall have the burden of proving:
(1) 
That the discrimination is in fact a necessary result of a bona fide occupational qualification; and
(2) 
That there exists no less discriminatory means of satisfying the occupational qualification.
(d) 
It shall not be an unlawful discriminatory practice for an employer to observe the conditions of a bona fide employee benefit system, provided such system or plan is not a subterfuge to evade the purposes of this chapter; and provided further that no such system shall provide an excuse for failure to hire any person.
(e) 
Nothing in this section shall be construed to prohibit any act specifically authorized by the laws of the state or any actions taken by or under the direction of the health department of the county in order to protect the public health.
(Ord. 232890 § 1)
(a) 
It is unlawful for any person to do any of the following acts as a result of the fact, in whole or in part, that a person has AIDS or any conditions related thereto:
(1) 
Interrupt, terminate, or fail or refuse to initiate or conduct any real property transaction, including, but not limited to, the leasing of a rental unit; to require different terms for such transaction; or falsely represent that an interest in real property is not available for transaction;
(2) 
Include in the terms and conditions of a real property transaction any clause, condition or restriction;
(3) 
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;
(4) 
Refuse or restrict facilities, services, repairs or improvements for any tenant or lessee;
(5) 
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 preference, limitation or discrimination based on AIDS.
(b) 
Nothing in this section shall be construed to apply to the rental or leasing of any housing unit in which the owner or any member of the family of the owner occupies the same unit in common with the prospective tenant.
(c) 
Nothing in this section shall be construed to prohibit any act specifically authorized by the laws of the state or any actions taken by or under the direction of the health department of the county in order to protect the public health.
(Ord. 232890 § 1)
(a) 
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, paramedical, banking, financing, health care and convalescent services of any kind whatsoever, on the basis, in whole or in part, of the fact that such person has AIDS or any condition related thereto.
(b) 
No person shall make, print, publish, advertise or disseminate in any way any notice, statement or advertisement with respect to any business establishment or public accommodation which indicates that a person is doing or will do anything prohibited by this section.
(c) 
Nothing in this section shall apply to any blood bank, blood donation facility, sperm bank, sperm donation facility, organ donation facility, surrogate mother or surrogate mother facility, or to any like service facility or establishment engaged in the exchange of products containing elements of blood or sperm.
(d) 
Nothing in this section shall be construed to prohibit any act specifically authorized by the laws of the state or any actions taken by or under the direction of the health department of the county in order to protect the public health.
(Ord. 232890 § 1)
(a) 
It shall be an unlawful educational practice for any person to do any of the following:
(1) 
Deny admission, or impose different terms or conditions on admission, as a result of the fact, in whole or in part, that a person has AIDS or any condition related thereto.
(2) 
Deny any individual the full and equal enjoyment of, or impose different terms or conditions upon the availability of, any facility owned or operated by or any service or program offered by an educational institution as a result of the fact, in whole or in part, that a person has AIDS or any conditions related thereto.
(b) 
It shall not be an unlawful educational practice for a religious or denominational institution to limit admission, or give other preference to applicants of the same religion.
(c) 
Nothing in this section shall apply to public schools, including public colleges or universities as a matter of law.
(d) 
Nothing in this section shall be construed to prohibit any act specifically authorized by the laws of the state or any actions taken by or under the direction of the health department of the county in order to protect the public health.
(Ord. 232890 § 1)
(a) 
No person shall require another to take any test or undergo any medical procedure designed to show or help show that a person has or does not have AIDS, any condition related thereto or the AIDS antibody.
(b) 
This section does not apply to an employer who can show that the absence of AIDS is a bona fide occupational qualification.
(c) 
Nothing in this section shall be construed to prohibit any act specifically authorized by the laws of the state or any actions taken by or under the direction of the health department of the county in order to protect the public health.
(Ord. 232890 § 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)
(a) 
It is unlawful for any person to do any of the acts described in this chapter as a result of the fact that a person associates with anyone who has AIDS or any condition related thereto.
(b) 
It is unlawful for any person to do any of the acts described in this chapter to retaliate against a person because a person:
(1) 
Has acted in support or opposition to any act or practice made unlawful by this chapter;
(2) 
Has acted in support of this chapter and its enforcement;
(3) 
Has filed a complaint in any court where such complaint is based upon any act or practice made unlawful by this chapter;
(4) 
Has testified, assisted or participated in any way in any investigation, proceeding, or litigation under this chapter.
(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)
(a) 
Any person aggrieved by an act prohibited by this chapter may enforce the provisions of this chapter in a civil action.
(b) 
Any person who commits, or proposes to commit an action in violation of this chapter may be enjoined therefrom by a court of competent jurisdiction.
(c) 
Nothing in this chapter shall preclude any aggrieved person from seeking any other remedy provided by law.
(Ord. 2328-90 § 1)