(a) 
The fundamental rights of citizens include the right to live unfettered by unlawful discrimination and this right is consistent with the American ideals of individual freedom, liberty and responsibility for one's own actions.
(b) 
The preservation of this right is necessary both for individuals, to be free to live productive, rewarding and satisfying lives, and for society, so it may reap the benefits of the fullest utilization of the capacities and talents of each of its members.
(c) 
It is the responsibility of governments to take action to prevent such discrimination and make provision for redress for those not treated in accordance with the American ideals of justice and fairness.
(d) 
The California Legislature has clearly stated its intent that municipalities have, and should exercise, the responsibility to create civil rights ordinances that extend protections to cover needs and concerns at the local level.
(e) 
Existing state and federal restraints on discrimination are commonly recognized as inadequate to meet the particular problems of discrimination in this community.
(f) 
Unlawful discrimination poses a substantial threat to the health, safety and general welfare of the community, it foments strife and unrest within the community, and to counter such threats is a reasonable exercise of the city's police powers.
(g) 
The city and its citizens have been highly aware of the serious problem of discrimination within its borders, and this has led to extensive community discussion as well as presentation of incidents of discrimination contrary to prevailing community standards.
(h) 
Many community groups exist to report acts of discrimination and deal with them effectively, and such groups have conclusively demonstrated disparate treatment against members of a wide variety of groups.
(i) 
The Davis human relations commission, after holding multiple public hearings and discussions, unanimously recommended to the city council that it draft a comprehensive ordinance to provide remedy to those suffering under discriminatory acts, and the Davis 2000 study committee directed that its final report include a recommendation that discrimination in its various forms will not be tolerated.
(j) 
The city council held its own hearings on the matter, and the combined testimony to the human relations commission, Davis 2000 study committee, and city council shows the acute need for such an ordinance.
(k) 
Various community groups have petitioned the city council for relief, and over six thousand citizens of the city petitioned their city council to enact an ordinance outlawing arbitrary disparate treatment on the basis of sexual orientation in housing, employment and business establishments.
(l) 
An antidiscrimination ordinance is consistent with the caring nature of the Davis community and its citizens, will raise awareness of the issue of discrimination in the city, and act as an effective deterrent to intolerable practices.
(m) 
Such an ordinance can, and should, be enacted in a way that does not imply the superiority of any particular class or lifestyle above another, and does not infringe on other fundamental rights of citizens such as freedom of association, speech and religion.
(Ord. 1359 § 1; Ord. 2390 § 23, 2012)
(a) 
It is the policy of the city to eliminate intentional discrimination within the city based on race, religion, color, ancestry, age, national origin, physical disability, mental disability, medical condition, gender, marital status, sexual orientation, disability, place of birth, or any other protected class recognized under the law in order to eliminate any special treatment, whether preferential or detrimental to persons in the enumerated classes.
(b) 
This chapter shall not be construed to confer any right or privilege on a person which is conditioned or limited by law or which is applicable alike to persons in each of the enumerated classes.
(Ord. 1359 § 1; Ord. 2390 § 24, 2012)
This chapter shall apply to any:
(a) 
Business establishment located within the city;
(b) 
Business establishment not located in Davis doing business within the city, to the extent of that business activity;
(c) 
Job site within the city;
(d) 
Covered real estate transaction when the real property is located within the city.
(Ord. 1359 § 1)
As used in this chapter, the following words and phrases shall have the meanings given them in this section, unless the context clearly requires otherwise.
Business establishment.
Any person, however organized, which furnishes goods, services or accommodations to the general public. An otherwise qualifying establishment which has membership requirements is a business establishment within the meaning of this chapter if its membership requirements consist only of the payment of fees, or consist only of criteria applicable (absent discrimination) to all, or substantially all persons residing within the city.
Disability.
Any condition or characteristic which renders a person a disabled person as defined herein. For purposes of this chapter, a disabled person is any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such impairment or is regarded as having such impairment.
(1) 
As used in this definition, the phrase "physical or mental impairment" means:
(A) 
Any physiological disease, disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; immunological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
(B) 
Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term "physical or mental impairment" includes, but is not limited to such diseases and conditions as orthopedic, visual, speech and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, and drug addiction and alcoholism.
(2) 
"Major life activities"
means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
(3) 
"Has a record of such an impairment"
means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(4) 
"Is regarded as having an impairment"
means:
(A) 
Has a physical or mental impairment that does not substantially limit major life activities but is treated by a recipient as constituting such a limitation;
(B) 
Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or
(C) 
Has none of the impairments defined in subsection (b)(1) of this section but is treated by a recipient has having such an impairment.
(5) 
Employment and Housing.
(A) 
With respect to employment, a disabled person is one who with reasonable accommodation, can perform the essential functions of the job in question, but the term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents such person from performing the duties of the job in question or whose employment, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others.
(B) 
With respect to housing or public accommodations, the term "disabled person" does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs would cause such person to be a direct threat to property or the safety of others.
Nothing in the definition of disability contained in this section shall be construed to afford any protection against discrimination on the basis of a presently existing contagious or infectious disease in excess of the protection provided by state or federal law.
Discrimination.
Any act, policy, or practice which selects a person or persons for any differential treatment on the basis of race, religion, color, ancestry, age, national origin, physical disability, mental disability, medical condition, gender, marital status, sexual orientation, disability, place of birth, or any other protected class recognized under the law, whether actual or imputed to the victim by the person engaging in the discrimination.
(1) 
Discrimination includes the assertion of an otherwise valid justification for selection as a subterfuge for prohibited discrimination.
(2) 
Discrimination based on age shall mean differential treatment prohibited by the Federal Age Discrimination in Employment Act or the Unruh Civil Rights Act (California Civil Code Section 51 et seq.), but shall not include otherwise lawful discounts or preferences given children, senior citizens or students by business establishments.
Dwelling.
One room, or a suite of rooms, designed for or used by a person or persons for living and sleeping purposes and having a kitchen or kitchenette and one or more bathrooms.
Employer.
Any person who employs five or more employees, including any management or supervisory employees, but excluding the owner or owners. Employee does not include any person employed by his or her parents, spouse or child, or any person employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
Person.
Any natural person, or a firm, corporation, partnership or other organization or group of persons, however organized, except a public agency. Whenever this chapter refers to discrimination against any person on any of the bases enumerated in Section 10.01.020 and the person is an association or group of persons, person shall mean any member of the association or group.
Real estate transaction.
The sale, lease, rental or occupancy or any interest or portion of any interest in real property or improvements thereon, and/or the extension of credit, financing, insurance or services in connection with such sale, lease, rental or occupancy, or in connection with repair or improvement of such real property, or a transaction in which credit or financing is sought using real property as collateral.
Sexual orientation.
Heterosexuality, homosexuality, or bisexuality. The phrase "sexual orientation" shall not include conduct which is unlawful under city, state or federal law or regulation.
(Ord. 1359 § 1; Ord. 1371 § 1; Ord. 2390 §§ 25, 26, 2012)