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Code of Ordinances_Title 8 Human Rights AmendmentTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proposed Ordinance Amendment DATE: June 25, 2013 Dubuque kital All- America City II h/ 2012 Human Rights Commission Chair Anthony Allen and Vice -Chair R.R.S. Stewart are recommending a change to the City of Dubuque Ordinance, Section 8 -3A -2 which deals with defenses, exemptions and exclusions to the disability protections. The Dubuque Human Rights Commission has been reviewing sections of Title 8: Human Rights, at their regular monthly commission meetings. In reviewing 8 -3A -2: Defenses, Exemptions and Exclusions, they found some outdated language. Section 8 -3A -2 currently lists transvestism, transsexualism, and gender identity disorders not resulting from physical impairments, with pedophilia, exhibitionism, voyeurism, or other sexual behavior disorders. Unlike pedophilia, exhibitionism and voyeurism, transvestism, transsexualism, and gender identity are not criminal behaviors. At the Commission's June 10, 2013 meeting, commissioners voted to amend the ordinance by moving transvestism, transsexualism, and gender identity from criminal behavior to the general exclusions. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Kelly Larson, Human Rights Director Anthony Allen, Chair, Human Rights Commission R.R.S. Stewart, Vice - Chair, Human Rights Commission X Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Anthony Allen, Chair and R.R.S. Stewart. Vice- Chair, Human Rights Commission DATE: June 20, 2013 SUBJECT: Proposed Ordinance Amendment INTRODUCTION The purpsoe of this memo is to propose a change to the City of Dubuque Ordinance, Section 8 -3A-2 which deals with defenses, exemptions and exclusions to the disability protections. BACKGROUND When the Dubuque Human Rights Commission set goals for 2013, our second goal was to improve the quality of the Human Rights Commission. One of the ways of implementing that goal was including continuing education. To this end, we have been reviewing sections of Title 8: Human Rights, at our regular monthly commission meetings. In reviewing 8 -3A -2: Defenses, Exemptions and Exclusions, we found some outdated language. Section 8 -3A -2 currently lists transvestism, transsexualism, and gender identity disorders not resulting from physical impairments, with pedophilia, exhibitionism, voyeurism, or other sexual behavior disorders. Unlike pedophilia, exhibitionism and voyeurism, transvestism, transsexualism, and gender identity are not criminal behaviors. At the Commission's June 10,2013 meeting, commissioners voted to amend the ordinance by moving transvestism, transsexualism, and gender identity from criminal behavior to the general exclusions. RECOMMENDATION The Human Rights Commission recommends that the City of Dubuque Ordinance 8 -3A -2 be amended as proposed. ACTION TO BE TAKEN Action requested is for the City Manager to review, approve and recommend to the City Council approval of the proposed ordinance amendment. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 31- 13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 HUMAN RIGHTS, CHAPTER 3 UNFAIR AND DISCRIMINATORY PRACTICES, ARTICLE A DISABILITY DISCRIMINATION, SECTION 8 -3A -2 DEFENSES, EXEMPTIONS AND EXCLUSIONS BY MOVING TRANSVESTISM, TRANSEXUALISM AND GENDER IDENTITY FROM CRIMINAL BEHAVIOR TO GENERAL EXCULSION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 8 -3A -2 of the City of Dubuque Code of Ordinances is amended to read as follows: 8 -3A -2: DEFENSES, EXEMPTIONS AND EXCLUSIONS: C. For purposes of the definition of "disability" in section 8 -1 -1, the following are not impairments and as such are not disabilities under this article: 1. Homosexuality, bisexuality, transvestism, transexualism, and gender identity disorders not resulting from physical impairments. 2. Pedophilia, exhibitionism, voyeurism, or other sexual behavior disorders; 3. Compulsive gambling, kleptomania, or pyromania; or 4. Psychoactive substances use disorders resulting from current illegal use of drugs. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the lst day of July .4„/ Attest: Kevi S. Firnstahl, ity Clerk , 2013. Roy b. B I, Mayor OFFICIAL PUBLICATION ORDINANCE NO 33. :13 AMENDING :CITY, OF DUBUQUE CODE OF ORDINANCES TITLE 8 CHAPTER 3 UNFAIR AND DISCRIMINATO- I` RY PRACTICES, ARTI- CLE A . DISABILITY DISCRIMINATION, SECTION 8-3A -2 DE- FENSES, EXEMP- TIONS AND EXCLU- SIONS BY MOVING TRANSVESTISM, TRANSEXUALISM AND GENDER IDENTI- TY FROM CRIMINAL BEHAVIOR TO GEN- ERAL EXCULSION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section L Section 8- 3A-2 of the City of Du- buque Code of Ordi- nances is amended to read as follows: 8 -3A -2: DEFENSES, EX- EMPTIONS AND EXCLU- SIONS: such are not disabili- ties under this article: 1. Homosexuality, bi- sexuality, transves- tism, transexualism, and gender identity disorders not resulting from physical impair- ments. 2. Pedophilia, exhibi- tionism, voyeurism, or other sexual behavior disorders: 3. Compulsive gam- bling, kleptomania, or pyromania: or 4. Psychoactive sub - stances use disorders resulting from current illegal use of drugs. Section 2. This Ordi- nance takes effect upon publication. Passed, approved, and adopted the 1st day of July, 2013. /s /Roy D. Buol, Mayor. Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of July, 2013. /s /Kevin S. Firnstahl, City Clerk 1t 7/5 C. For purposes of the definition of "disabili- ty" in section 8-1 -1, the following are not impairments and as STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 05, 2013, and for which the charge is $16.56. Subscribed to before Notary Public in and for Dubuque County, Iowa, this AO day . , 20 /3 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER t Commis lon Number 154865 ; EFFECT OF AMENDMENT 8 -3A -2: DEFENSES, EXEMPTIONS AND EXCLUSIONS: C. Exclucions:For purposes of the definition of "disability" in section 8 -1 -1, the following are not impairments and as such are not disabilities under this article: 1. Homosexualityy, And BbisexualityL transvestism, transexualism, and gender identity disorders not resulting from physical impairments.: For purpocco of the definition of "disability" in section 8 1 1 of this title, homosexuality and 2. include: • a. Trancvecticm, trancecxualicm, pPedophilia, exhibitionism, voyeurism , *--- Formatted: Indent: Left: 0.5' gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; 34. Compulsive gambling, kleptomania, or pyromania; or - - f ormatted: Indent: Left: 0.5" 4G. Psychoactive substances use disorders resulting from current illegal use— -- { Formatted: Indent: Left: 0.5" of drugs.