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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 1t 2/10