The city council finds and declares:
(a) 
That the medical condition described as Acquired Immune Deficiency Syndrome, commonly known as AIDS, is a deadly disease which has the potential to affect every segment of our city's population;
(b) 
That AIDS was first recognized in 1981 by the United States Public Health Service's Center for Disease Control based on the study of a pattern of unusual illnesses among young, single males reported by the medical enter associated with University of California at Los Angeles and New York University;
(c) 
That AIDS, in the opinion of the scientific and medical community, is caused by virus, known as HIV (Human Immunodeficiency Virus) (or in the past, HTLV III or LAV), which attacks and cripples the body's immune system and neurological system, thereby leaving the body vulnerable to opportunistic infections, certain cancers and neurological diseases;
(d) 
That a person afflicted with AIDS suffers a variety of bacterial, viral and/or fungal caused illnesses, cancers, protozoan and neurological conditions which debilitate the body resulting in a high mortality rate within several years after diagnosis;
(e) 
That the transmission of the virus has occurred through transfer of blood, blood by-products and body organs, through intimate sexual contact, through the sharing of hypodermic needles used in drug injections, or perinatally;
(f) 
That no evidence exists to indicate the spread of the virus 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 the AIDS virus;
(g) 
That medical studies of family groups in which one or more persons have been diagnosed with AIDS show no spread of the virus other than through sexual intimacy or through the exchange of blood, such as mother to fetus;
(h) 
That the virus can thrive only in favorable conditions, and cannot exist for a significant period of time outside the body, and can be protected against by the application of regular practices of hygiene, such as the use of chlorine in swimming pools or spas and the uses of household bleach when washing garments or cleaning of contaminated surfaces;
(i) 
That a public health danger represented by the HIV virus and its subsequent manifestation as AIDS is caused by the lengthy incubation period during which an apparently healthy but infected individual may spread the disease to other persons through the transfer of blood, blood by-products, body organs, semen, breast milk, or vaginal/cervical secretions, perinatally or through the sharing of hypodermic needles used in drug injections;
(j) 
That AIDS has been recognized as a national public health emergency with a large proportion of the cases diagnosed in California;
(k) 
That AIDS, in the opinion of the scientific and medical community, will continue to increase at a high rate within our county and city for the foreseeable future;
(l) 
That AIDS by its nature has created a discrete and insular minority of our citizens who are afflicted with a seriously disabling condition whose ultimate outcome is fatal;
(m) 
That the persons with AIDS represent a segment of our population particularly victimized due to the nature of the disease and to the present climate of misinformation, ignorance and fear in the general population;
(n) 
That discrimination against persons with AIDS, AIDS-related complex (ARC) or in AIDS-related status (ARS) exists in the city of Laguna Beach;
(o) 
That such discrimination cuts across all racial, ethnic and economic lines;
(p) 
That such discrimination poses a substantial threat to the health, safety and welfare of our community;
(q) 
That persons with AIDS, AIDS-related complex (ARC), or in AIDS-related status (ARS), including persons with the AIDS virus who may never show AIDS symptoms or develop the disease, are faced with potential discrimination, and such potential for discrimination is sufficient to justify a city ordinance to prohibit those discriminatory practices which are not currently adequately addressed by federal and state law.
(Ord. 1152 § 1, 1988)
It is declared as the public policy of the city of Laguna Beach that it is necessary to protect and safeguard the rights and opportunities of persons with AIDS, ARC or ARS in respect to discrimination in housing, business establishments, testing, employment, medical and dental services, and city facilities and services.
(Ord. 1152 § 1, 1988)
"AIDS"
means Acquired Immune Deficiency Syndrome, a disease complex which occurs when an important part of the human immune system is destroyed by the action of a human immune deficiency virus known as HIV and previously referred to as HTLV-111 or LAV and as it may be further defined by the United States Public Health Service's Center for Disease Control. AIDS is manifested by infections, cancers or neurological diseases.
"ARC"
means AIDS-related complex. ARC occurs when the human immune system is weakened by the AIDS virus, and such conditions as enlarged lymph nodes, fever, weight loss, malaise and chronic diarrhea result. ARC may or may not develop into AIDS.
"ARS"
means AIDS-related status. Such status includes: (1) a person who is HIV positive; (2) a person, who because of association with another person having AIDS, ARC, or is HIV positive, is regarded as very likely to contract the virus that causes AIDS; and (3) a person who is perceived, whether real or imaginary, and dealt with by others as though being infected with the virus that causes AIDS because of such person's association with another person diagnosed as having AIDS, ARC or who is HIV positive.
"Business establishment"
includes any entity, however organized, which provides goods or services, including educational services, or accommodations to the general public, including any entity which has a membership requirement if its membership requirement consists only of the payment of a membership fee and a substantial number of the residents within the city of Laguna Beach would qualify.
"Employee"
includes any person employed by an employer.
"Employer"
means any person regularly employing one or more persons, or any person acting as an agent of an employer, directly or indirectly.
"Employment agency"
means any person regularly undertaking compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.
"Housing accommodation"
includes any improved or unimproved real property, or portion thereof, which is used or occupied, or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more persons.
"Housing services"
means services otherwise provided by the owner of any housing accommodation to persons renting or leasing such housing accommodation, including but not limited to, utilities such as light, heat, water and telephone, ordinary repairs or replacement, and maintenance, including painting, elevator services, laundry facilities, janitorial services, resident manager, refuse removal, furnishings, food service, parking and any other benefits, privileges or facilities provided.
"Labor organization"
means any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
"Owner"
includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations.
"Person"
includes one or more individuals, partnerships, associations, corporations, labor organizations, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries. "Person" shall include a private or public entity.
(Ord. 1152 § 1, 1988)
(a) 
It is unlawful for any owner or agent of any housing accommodation or housing service to discriminate against any person on the basis (in whole or in part) that such person has AIDS, ARC or ARS. It shall be unlawful:
(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, which would discriminate against a person who has AIDS, ARC or ARS;
(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; to 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) 
To refuse or restrict facilities, services, repairs or improvements for any tenant or lessees;
(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 preference, limitation or discrimination based on the fact that a person has AIDS, ARC or ARS.
(b) 
Nothing in this section shall:
(1) 
Apply to any housing accommodation in which the owner or any member of his or her family occupies the same housing accommodation in common with the prospective tenant. This exception shall not apply where the owner occupies a separate apartment, condominium or other housing unit in a multiple-unit complex;
(2) 
Permit or require the rental or occupancy of any housing accommodation otherwise prohibited by law;
(3) 
Otherwise interfere with any just cause for an owner to evict a person from any housing accommodation or permit the delay of any unlawful detainer action;
(4) 
Require the renting of any housing accommodation reserved for the housing of students to nonstudent persons with AIDS, ARC or ARS.
(Ord. 1152 § 1, 1988)
It is unlawful for any person to deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any business establishment on the grounds (in whole or in part) that such a person has AIDS, ARC or ARS.
(Ord. 1152 § 1, 1988)
(a) 
It is unlawful for any person to require another person to take any test or undergo any medical procedure designed to determine that a person has AIDS or ARC or carries the AIDS virus.
(b) 
Nothing in this section shall:
(1) 
Prohibit any testing or medical procedure authorized by the laws of the United States, the state of California or the county of Orange of any testing or medical procedure required by the county department of health services to protect the public health;
(2) 
Apply to an employer who can show that the absence of AIDS, ARC or the AIDS virus is a bona fide occupational qualification.
(Ord. 1152 § 1, 1988)
(a) 
It is unlawful to deny any person the full and equal enjoyment of, or to impose less advantageous terms, or restrict the availability of, the use of any city facility or participation in any city funded or supported service or program on the grounds (in whole or in part) that such person has AIDS, ARC or ARS.
(b) 
Nothing in this section shall:
(1) 
Apply to any facility, service or program which does not receive any assistance from the city and which is not open to or provided to the public generally;
(2) 
Restrict services or programs specifically designed for persons with AIDS, ARC or ARS.
(Ord. 1152 § 1, 1988)
(a) 
It shall be an unlawful educational practice for any person to do any of the following:
(1) 
To deny admission, or to impose different terms or conditions on admission on the basis (in whole or in part) of the fact that such person has AIDS, ARC or ARS;
(2) 
To deny any person the full and equal enjoyment of, or to impose different terms or conditions upon the availability of, any facility owned or operated by any service or program offered by an educational institution on the basis (in whole or in part) of the fact that such person has AIDS, ARC or ARS.
(Ord. 1152 § 1, 1988)
(a) 
It is unlawful:
(1) 
For an employer:
(A) 
To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to his/her compensation, terms, conditions or privileges of employment, on the basis (in whole or in part) that such person has AIDS, ARC or ARS, or
(B) 
To limit, segregate or classify his/her employees or applicants for employment in any way which would deprive or tend to deprive any person of employment opportunities or otherwise adversely affect his/her status as an employee, on the basis such a person has AIDS, ARC or ARS;
(2) 
For an employment agency:
(A) 
To fail or refuse to refer for employment, or otherwise to discriminate against any person, or to classify or refer for employment any person on the basis (in whole or in part) that such person has AIDS, ARC or ARS;
(3) 
For a labor organization:
(A) 
To exclude or to expel from its membership or otherwise to discriminate against, any person on the basis (in whole or in part) that such person has AIDS, ARC or ARS,
(B) 
To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any person, in any way which would deprive or tend to deprive any person of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his/her status as an employee or as an applicant for employment, on the basis (in whole or in part) of AIDS, ARC or ARS, or
(C) 
To cause or attempt to cause an employer to discriminate against any person in violation of this section;
(4) 
For any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any person on the basis (in whole or in part) of AIDS, ARC or ARS in admission to, or employment in, any program established to provide apprenticeship or other training.
(b) 
Notwithstanding any other provision of this chapter, it shall not be unlawful:
(1) 
For an employer to hire and employ employees, for an employment agency to classify, or to refer for employment any person, for a labor organization to classify its membership or to classify or refer for employment any person, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any person in any such program, on the basis (in whole or in part) that such person has AIDS, ARC or ARS in those certain instances where lack of AIDS, ARC or ARS is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise;
(2) 
For an employer to apply different standards of compensation or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate against a person on the basis (in whole or in part) that such person has AIDS, ARC or ARS;
(3) 
For an employer to give and act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results of such tests is not designed, intended or used to discriminate against a person on the basis (in whole or in part) that such person has AIDS, ARC or ARS.
(Ord. 1152 § 1, 1988)
It is unlawful 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, sign, advertisement, application or contract which indicates an intent to engage in any practice made unlawful by this chapter.
(Ord. 1152 § 1, 1988)
It shall be unlawful discriminatory practice to do any of the acts mentioned in this chapter for any reason which would not have been asserted, wholly or partially, but for the fact that the person against whom such assertions are made had AIDS, ARC or ARS.
(Ord. 1152 § 1, 1988)
(a) 
Nothing in this chapter shall be construed to prohibit any act specifically authorized by the laws of the United States, the state of California, the county of Orange or any act required by the county department of health services to protect the public health.
(b) 
Nothing in this chapter shall prohibit any act which is necessary to protect the health and safety of the general public. If a party to any action brought under this chapter asserts that an otherwise discriminatory practice is justified as necessary to protect the health or safety of the general public, that party shall have the burden of proving:
(1) 
That the discrimination is in fact a necessary result of a necessary course of conduct pursued to protect the health or safety of the general public; and
(2) 
That there exists no less discriminatory means of satisfying the necessary protection of the health or safety of the general public.
(c) 
No part of this chapter shall apply to any bona fide religious organization.
(Ord. 1152 § 1, 1988)
Any person who violates any provisions of this chapter or who aids in the violation of any of the provisions of this chapter is liable for each and every such offense for damages up to a maximum of three times the amount of the actual damages, for punitive damages as may be determined by a jury or a court sitting without a jury, and for costs, including reasonable attorney's fees, as may be determined by the court.
(Ord. 1152 § 1, 1988)
(a) 
Any aggrieved person and/or private or public entity may enforce the provisions of this chapter by means of a civil action. Any such action under this chapter must be filed within one year of the alleged discriminatory acts.
(b) 
Any person who commits, or proposes to commit an act in violation of this chapter, may be enjoined therefrom by a court of competent jurisdiction.
(c) 
An action for injunction under subdivision (b) of this section may be brought by any aggrieved person or entity which will fairly and adequately represent the interests of the aggrieved person.
(d) 
Nothing in this chapter shall preclude any aggrieved person from seeking any other remedy provided by law.
(e) 
An action arising under this chapter shall not be rendered moot because of the death or physical or mental incapacity of the person who was the subject of the claimed discrimination.
(f) 
Notwithstanding any provision of the law, no criminal penalties shall attach for any violation of the provisions of this chapter.
(Ord. 1152 § 1, 1988)
If any part or provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this chapter are severable.
(Ord. 1152 § 1, 1988)