Ordinance 08-06OFFICIAL PUBLICATION
ORDINANCE NO. 8-06
AMENDING CHAPTER 27, HUMAN RELATIONS, OF THE CITY OF DUBUQUE CODE
OF ORDINANCES BY ADDING TWO NEW PARAGRAPHS TO SECTION 27-1
DEFINING "SEXUAL ORIENTATION" AND DEFINING "RELIGIOUS EDUCATIONAL
INSTITUTION," AND AMENDING SECTIONS 27-51(2), 27-61(1)-(2), 27-71(1)-(3), 27-
72, 27-91(1)-(3), 27-101, 27-131(1)-(5), 27-132(c), 27-133(a), (c), 27-134, AND 27-
145(1)-(3) PROHIBITING DISCRIMINATION BASED ON "SEXUAL ORIENTATION."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Sec. 27-1 of the Dubuque Code of Ordinances is hereby amended by
adding the following definitions:
Sec. 27-1. Definitions:
Religious Educational Institution: any preschool, elementary, secondary,
or postsecondary college or university which is operated, supervised,
controlled or sustained primarily by a religious organization.
Sexual Orientation: a person's actual, history of, or perceived
heterosexuality, homosexuality, or bisexuality, but not including
participation in conduct that is prohibited by law.
Section 2. Sec. 27-51(2) of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 27-51. Aiding Or Abetting:
It shall be an unfair or discriminatory practice for:
(2) Any person to discriminate against another person in any of the
rights protected against discrimination on the basis of race, creed, color,
sex, national origin, familial status, religion, age, disability, marital status
or sexual orientation by this Article because such person has lawfully
opposed any practice forbidden under this Article, obeys the provisions of
this Article, or has filed a complaint, testified or assisted in any proceeding
under this Chapter.
Section 3. Sec. 27-61 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 27-61. Prohibited Practices:
It shall be an unfair or discriminatory practice for any owner, lessee,
sublessee, proprietor, manager, or superintendent of any public
accommodation or any agent or employee thereof:
(1) To refuse or deny to any person because of race, creed, color,
sex, age, national origin, religion or sexual orientation the
accommodations, advantages, facilities, services, or privileges thereof, or
otherwise to discriminate against any person because of race, creed,
color, sex, age, national origin, religion, or sexual orientation in the
furnishing of such accommodations, advantages/facilities, services or
privileges.
(2) To directly or indirectly advertise or in any other manner indicate
or publicize that the patronage of persons of any particular race, creed,
color, sex, age, national origin, religion or sexual orientation is
unwelcome, objectionable, not acceptable, or not solicited.
Section 4. Sec. 27-71 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 27-71. Prohibited Practices:
It shall be an unfair or discriminatory practice for any:
(1) Person to refuse to hire, accept, register, classify, or refer for
employment, to discharge any employee, or to otherwise discriminate in
employment against any applicant for employment or any employee
because of the race, creed, color, sex, age, national origin, religion or
sexual orientation of such applicant or employee, unless based upon the
nature of the occupation.
(2) Labor organizations or the employees, agents, or members
thereof to refuse to admit to membership any applicant, to expel any
member, or to otherwise discriminate against any applicant for
membership or any member in the privileges, rights, or benefits of such
membership because of the race, creed, color, sex, age, national origin
religion or sexual orientation of such applicant or member.
(3) Employer, employment agency, labor organization, or the
employees, agents, or members thereof, to directly or indirectly advertise
or in any other manner indicate or publicize that individuals of any
particular race, creed, color, sex, age, national origin, religion or sexual
orientation are unwelcome, objectionable, not acceptable, or not solicited
for employment or membership, unless based upon the nature of the
occupation.
Section 5. Sec. 27-72 of the City of Dubuque Code of Ordinances is hereby
amended by adding the following:
Sec. 27-72. Exemptions From Division:
The prohibition by this division of discrimination based on sexual
orientation shall not apply to any bona fide religious educational institution
with respect to any qualifications for employment by such institution.
Section 6. Sec. 27-91 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 27-91. Prohibited Practices; Exception:
It shall be an unfair or discriminatory practice for any:
(1) Creditor to refuse to enter into a consumer credit transaction or
impose finance charges or other terms or conditions more onerous than
those regularly extended by that creditor to consumers of similar
economic backgrounds and current situations because of age, color,
creed, national origin, race, religion, marital status, sex, physical disability
or sexual orientation.
(2) Person authorized or licensed to do business in this State
pursuant to chapters 524, 533, 534, 536 or 536A of the Code of Iowa to
refuse to loan or extend to persons of similar economic backgrounds
because of age, color, creed, national origin, race, religion, marital status,
sex, physical disability or sexual orientation.
(3) Creditor to refuse to offer credit life or health and accident
insurance because of color, creed, national origin, race, religion, marital
status, age, physical disability, sex or sexual orientation. Refusal by a
creditor to offer credit life or health and accident insurance based upon
the age or physical disability of the consumer shall not be an unfair or
discriminatory practice if such denial is based solely upon bona fide
underwriting considerations not prohibited by the State Code of Iowa or
United States Code.
Section 7. Sec. 27-101 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 27-101. Prohibited Practices; Exceptions:
It is an unfair or discriminatory practice for any educational
institution to discriminate on the basis of race, creed, color, sex, national
origin, religion, disability or sexual orientation in any program or activity.
Such discriminatory practices shall include but not be limited to the
following practices:
(1) Exclusion of a person or persons from participation in, denial of
the benefits of, or subject to discrimination in any academic, research,
occupational training, or other program or activity except athletic
programs;
(2) Denial of comparable opportunity in intramural and
interscholastic athletic programs;
(3) Discrimination among persons in employment and the
conditions of employment;
(4) On the basis of sex, the application of any rule concerning the
actual or potential parental, family or marital status of a person, or the
exclusion of any person from any program or activity or employment
because of pregnancy or related conditions dependent upon the
physician's diagnosis and certification.
For the purposes of this Section, educational institution includes
any preschool, elementary, secondary, or merged area school, area
education agency, postsecondary college or university and their governing
boards. This Section does not prohibit an educational institution from
maintaining separate toilet facilities, locker rooms or living facilities for the
different sexes so long as comparable facilities are provided. Nothing in
the Section shall be construed as prohibiting any bona fide religious
institution from imposing qualifications based on religion when such
qualifications are related to a bona fide religious purpose or any institution
from admitting students of only one sex.
Section 8. Sec. 27-131 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 27-131. Prohibitions.
It shall be unlawful:
(1) To refuse to sell or rent after the making of a bona fide offer, or
to refuse to negotiate for the sale or rental of, or otherwise make
unavailable or deny, a dwelling to any person because of race, color,
religion, sex, familial status, national origin, creed, age, disability or sexual
orientation.
(2) To discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provisions of services or
facilities in connection therewith, because of race, color, religion, sex,
familial status, national origin, creed, age, disability or sexual orientation.
(3) To make, print or publish, or cause to be made, printed or
published any notice, statement or advertisement, with respect to the sale
or rental of a dwelling that indicates any preference, limitation, or
discrimination based on race, color, religion, sex, familial status, national
origin, creed, age disability or sexual orientation, or an intentional to make
any such preference, limitation or discrimination.
(4) To represent to any person because of race, color, religion, sex,
familial status, national origin, creed, age, disability or sexual orientation
that any dwelling is not available for inspection, sale or rental when such
dwelling is in fact so available.
(5) For profit, to induce or attempt to induce any person to sell or
rent any dwelling by representations regarding the entry or prospective
entry into the neighborhood of a person or disabled persons of a particular
race, color, religion, sex, familial status, national origin, creed, age,
disability or sexual orientation.
Section 9. Sec. 27-132(c) of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 27-132. Exemptions.
(c) Nothing in this article shall prohibit a religious organization,
association, or society or any nonprofit institution or organization
operated, supervised or controlled by or in conjunction with a religious
organization, association or society, from limiting the sale, rental or
occupancy of dwellings which it owns or operates for other than a
commercial purpose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion is
restricted on account of race, color, sex, familial status, national origin,
creed, age, disability or sexual orientation. Nor shall anything in this
article prohibit a private club not in fact open to the public, which as an
incident to its primary purpose or purposes provides lodging which it owns
or operates for other occupancy of such lodging to its members or from
giving preference to its members.
Section 10. Sec. 27-133 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 27-133. Discrimination in residential real estate -related transactions.
(a) In general: It shall be unlawful for any person or other entity
whose business includes engaging in residential real estate -related
transactions to discriminate against any person in making available such a
transaction, or in the terms or conditions of such a transaction, because of
race, color, religion, sex, familial status, national origin, creed, age,
disability or sexual orientation.
(c) Appraisal exemption: Nothing in this article prohibits a person
engaged in the business of furnishing appraisals of real property to take
into consideration factors other than race, color, religion, sex, familial
status, national origin, creed, age, disability or sexual orientation.
Section 11. Sec. 27-134 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 27-134. Discrimination in provision of brokerage services.
It shall be unlawful to deny to any person access to or membership or
participation in any multiple listing services, real estate brokers'
organization or other service, organization or facility relating to the
business of selling or renting dwellings, or to discriminate against such
person in the terms or conditions of such access, membership or
participation, on account of race, color, religion, sex, familial status,
national origin, creed, age, disability or sexual orientation.
Section 12. Sec. 27-145 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 27-145. Violations; Bodily Injury; Death; Penalties:
Whoever whether or not acting under color of law, by force or
threat of force willfully injures, intimidates or interferes with, or attempts to
injure, intimidate or interfere with:
(1) Any person because of such person's race, color, religion, sex,
familial status, national origin, creed, age, disability or sexual orientation
and because such person is or has been selling, purchasing, renting,
financing, occupying, or contracting or negotiating for the sale, purchase,
rental, financing, or occupation of any dwelling, or applying for or
participating in any service, organization or facility relating to the business
of selling or renting dwellings; or
(2) Any person because such person is or has been, or in order to
intimidate such person or any other person or any class of persons from:
(a) participating, without discrimination on account of
race, color, religion, sex, familial status, national origin,
creed, age, disability or sexual orientation_in the
activities, services, organizations or facilities described
in subsection (a) of this Section; or . . .
(3) Any citizen because such person is or has been, or in order to
discourage such citizen or any other citizen from lawfully aiding or
encouraging other persons to participate, without discrimination on
account of race, color, religion, sex, familial status, national origin, creed,
age, disability or sexual orientation in any of the activities, services,
organizations or facilities described in subsection (a) of this Section, or
participating lawfully in speech or peaceful assembly opposing any denial
of the opportunity to so participate shall be referred to the County
Attorney's office for prosecution.
Section 13. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 6th day of February, 2006.
/s/Roy D. Buol, Mayor
Attest:
/s/Jeanne F. Schneider, CMC
City Clerk
Published officially in the Telegraph Herald Newspaper the 10th day of February, 2006.
/s/Jeanne F. Schneider, CMC
City Clerk
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