(OTTUMWA, IA) - The Ottumwa city council has passed the first reading of a controversial discrimination ordinance. City officials have made the complete text of the revised ordinance available. It is likely that a second reading of the ordinance will be discussed at the council's April 1 meeting. If the second reading is passed, approving a third reading would make the ordinance law.
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF OTTUMWA, IOWA, BY ADDING SEXUAL ORIENTATION AS A PROTECTED CLASSIFICATION,
AS AMENDED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OTTUMWA, IOWA.
SECTION ONE. The Code of Ordinances (Municipal Code) of the City of Ottumwa, Iowa, is hereby amended by repealing Section 20 ½ - 1 in its entirety and enacting the following in lieu thereof:
Section 20 ½ - 1. Purpose. The purpose of this chapter is to provide for security for all individuals
within the City of Ottumwa, Iowa, from discrimination because of race, color, religion, creed, sex, national origin or ancestry, marital status, age or mental or physical disability, sexual orientation identity in connection with employment, public accommodations or services, housing, education and credit, and, thereby to protect the personal dignity of these individuals, to ensure their full productive capacity, to preserve the public safety, health and general welfare, and to promote the interests, rights and privileges of individual citizens within the city.
SECTION TWO: The Code of Ordinance, (Municipal Code) of the City of Ottumwa, Iowa, Section
20 ½-2 is amended by adding the following:
Sexual Orientation: Actual or perceived heterosexuality, homosexuality, or bi-sexuality. It does not include participation in acts which are prohibited by other law.
SECTION THREE: The Code of Ordinances (Municipal Code) of the City of Ottumwa, Iowa, is amended by repealing Section 20 ½ - 11(a), in its entirety and enacting the following in lieu thereof:
Section 20 ½ - 11. Unfair practices; accommodations or services. (a) 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, sex, creed, color, national origin religion, marital status, age, disability, sexual orientation the accommodations, advantages, facilities, service or privileges thereof, or otherwise to discriminate against any person because of race, sex, creed, color, national origin, religion, marital status, age, disability, or sexual orientation in the furnishing of said 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, sex, creed, color, national origin,
religion, marital status, age, disability, sexual orientation is unwelcome, objectionable, not acceptable, or not solicited.
SECTION FOUR: The Code of Ordinances, (Municipal Code) of the City of Ottumwa, Iowa, is amended by repealing Section 20 ½-12, subjections 1, 2, and 3, in their entirety and enacting the following in lieu thereof:
Section 20 ½ - 12. Unfair employment practices. It shall be an unfair or discriminatory practice for any:
(1) Persons to refuse to hire, accept, register, classify or refer for employment, or discharge any employee, or to otherwise discriminate in any employment against any applicant for employment or any employee because of the age, race, creed, color, sex, national origin, religion, disability, sexual orientation of such applicant or employee, unless based upon the nature of the occupation. If a disabled person is qualified to perform a particular occupation, by reason of training or experience, the nature of that occupation shall not be the basis for exception to the unfair or discriminating practices prohibited by this subsection.
(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 privileges, rights or benefits of such membership because of the age, race, creed, color, sex, national origin, religion, disability, 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 officials of any particular age, race, creed, sex, national origin, religion, disability, sexual orientation are unwelcome, objectionable, not acceptable, or not solicited for employment or membership unless base don the nature of the occupation. If a disabled person is qualified to perform a particular occupation by reason of training or experience, the nature of that occupation shall not be the basis for exception to the unfair or discriminating practices prohibited by this subsection. An employer, employment agency, or their employees, servants or agents may offer employment or advertise for employment to only the disabled when other applicants have available to them other employment compatible with their ability which would not be available to the disabled because of their handicap. Any such employment of the offer of employment shall not discriminate among the disabled on the basis of race, color, creed, sex, national origin, sexual orientation.
SECTION FIVE: The Code of Ordinances (Municipal Code) of the City of Ottumwa, Iowa, is amended by repealing Section 20 ½ - 12.1, in its entirety and enacting the following in lieu thereof:
Section 20 ½ - 12.1. Unfair discriminatory practices in education. It shall be unfair or discriminatory practice for any educational institution to discriminate on the basis of sex, sexual orientation in any program or activity. Such discriminatory practices shall include but not be limited to the following practices:
(1) On the basis of sex, sexual orientation exclusion of a person or persons from participation in, denial of the benefits of, or subjection to discrimination in any academic, extracurricular, research occupational training or other program or activity except athletic programs;
(2) On the basis of sex, sexual orientation, denial of comparable opportunity in intramural and interscholastic athletic programs;
(3) On the basis of sex, sexual orientation discrimination among persons in employment and the conditions thereof;
(4) On the basis of sex, sexual orientation 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.
SECTION SIX: The Code of Ordinances (Municipal Code) of the City of Ottumwa, Iowa, is amended by repealing Section 20 ½ - 12.2, in its entirety and enacting the following in lieu thereof:
Section 20 ½ - 12.2 Unfair credit practices. 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 or consumers of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex, physical disability, sexual orientation.
(2) Persons authorized and licensed to do business in this state pursuant to I.C.A. Ch. 524, 533,
534, 536, or 536A to refuse to loan or extend credit or to impose terms or conditions more
onerous than those regularly extended to persons of similar economic backgrounds because
of age, color, creed, national origin, race, religion, marital status, sex, physical disability, 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, 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 and not prohibited to Title XX.
The provisions of this section shall not be construed by negative implication or otherwise to narrow or restrict any other person of this chapter.
SECTION SEVEN; The Code of Ordinances (Municipal Code) of the City of Ottumwa, Iowa, is amended by repealing Section 20 ½ - 12.3, in its entirety and enacting the following in lieu thereof:
Section 20 ½ - 12.3. Unfair practices in accommodations or services. 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, sex, creed, color, national origin, religion,
marital status, age, disability, or sexual orientation the accommodations, advantages,
facilities, services or privileges thereof, or otherwise to discriminate against any person
because of race, sex, creed, color, national origin, religion, marital status, age, disability,
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, sex, creed, color, national origin, religion, marital
status, age, disability, sexual orientation is unwelcome, objectionable or not solicited.
SECTION EIGHT: The Code of Ordinances (Municipal Code) of the City of Ottumwa, Iowa, is herby amended by repealing Section 20 ½ - 12.4, (a) in its entirety and enacting the following in lieu thereof:
Section 20 ½ - 12.4. Unfair or discriminatory practices in housing. (a) It shall be an unfair or discriminatory practice for any owner, or person acting for an owner, of rights to housing or real property, with or without compensation, including but not limited to persons licensed as real estate brokers or salesmen, attorneys, auctioneers, agents or representatives by powers of attorney or appointment, or any person acting under court order, deed of trust or will:
(1) To refuse to sell, rent, lease, assign, or sublease any real property or housing accommodation
or part, portion or interest therein to any person because of the race, color, creed, religion,
national origin, disability, sex, sexual orientation of such person.
(2) To discriminate against any person because of his race, color, creed, religion, national origin,
disability, sex, sexual orientation, in terms, conditions or privileges of the sale, rental, lease, assignment or sublease of any real property or housing accommodation or any part, portion or interest therein.
(3) To directly or indirectly advertise, or in any other manner indicate or publicize that the
purchase, rental, lease, assignment or sublease of any real property or housing
accommodations or any part, portion, or interest therein, by persons of any particular race,
color, creed, religion, national origin, disability, sex, sexual orientation is unwelcome, objectionable, not acceptable or not solicited.
(4) To include in the terms or conditions of any sale, lease, sublease, rental, assignment or other
transfer of housing any condition or provision that purports to forbid or discourage the
ownership, leasing, possession, occupancy or use of such housing by persons because of race,
color, religion, ancestry, national origin, disability, sex, sexual orientation identity.
(5) Directly or indirectly to cause or coerce, or attempt to cause or coerce, any person to do any
act declared to be an unlawful housing practice, or to engage in economic reprisal or
otherwise retaliate, or to cause or coerce or attempt to cause or coerce another person to
engage in economic reprisal or otherwise retaliate, against any person because such person
has opposed an unlawful housing practice or has filed a complaint, testified, assisted or
participated in any manner in any investigation, proceeding or hearing under this chapter.
(6) To discriminate against the lessee or purchaser of any real property or housing accommodation or part, portion or interest of the real property or housing accommodation, or
against any prospective lessee or purchaser of the property or accommodation, because of the
race, color, creed, religion, sex, disability, age, national origin, sexual orientation of persons
who may from time to time be present in or on the lessee’s or owner’s premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity.
SECTION NINE: The Code of Ordinances (Municipal Code) of the City of Ottumwa Iowa, is amended by repealing Section 20 ½ - 13 in its entirety and enacting the following in lieu thereof:
Section 20 ½ - 13. Aiding and abetting. It shall be unfair or discriminatory practice for:
(1) Any person to intentionally aid, abet, compel or coerce another person to engage, in any
of the practices declared unfair or discriminatory by this chapter.
(2) Any person to discriminate against another person in any of the rights protected against
discrimination on the basis of age, race, creed, color, sex, national origin, religion, disability,
sexual orientation by this chapter because such person has lawfully opposed any practice forbidden under this chapter, obeys the provisions of this chapter, or has filed a complaint, testified or assisted in any proceeding under this chapter. An employer, employment agency, or their employees, servants or agents may offer employment or advertise for employment only to the disabled, when other applicants have available to them other employment compatible with their ability which would not be available to the disabled because of their handicap. Any such employment or offer of employment shall not discriminate among the disabled on the basis of race, color, creed, sex, national origin, sexual orientation identity.
SECTION TEN: This ordinance shall be in full force and effect from and after its passage, adoption and approval and publication as required by law.
SECTION ELEVEN: When this ordinance is in effect, it shall automatically supplement, amend and become a part of said Code of Ordinances (Municipal Code) of the City of Ottumwa, Iowa, without further resolution of the City Council.
Passed on its first consideration on the 18th day of March , 2008.
Passed on its second consideration on the _____ day of ________________, 2008.
Requirement of consideration and vote at two prior council meetings and suspended on the _____ day of
______________, 2008.
Final passage an adoption on the _____ day of _______________, 2008.
