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Defenses, Exemptions and Exclusions, they found some outdated language.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.