Council Member Gulliford Offers the Following Substitute to File No. 2017-15

1 1Council Member Gulliford offers the following Substitute to File 2No. 2017-15: 3 4Introduced by Council Members Bowman, Hazouri and Love: 5 6 7 ORDINANCE 2017-15 8 AN ORDINANCE CONCERNING EQUAL OPPORTUNITY AND 9 EXPANDING THE CITY’S EQUAL RIGHTS LAWS TO 10 PROHIBIT DISCRIMINATION BASED UPON SEXUAL 11 ORIENTATION AND TRANSGENDER IDENTITY, AMENDING 12 SECTION 60.105 (FUNCTIONS, POWERS AND DUTIES), 13 ORDINANCE CODE; AMENDING CHAPTER 400 (EQUAL 14 OPPORTUNITY/EQUAL ACCESS), ORDINANCE CODE; 15 AMENDING CHAPTER 402 (EQUAL EMPLOYMENT 16 OPPORTUNITY), ORDINANCE CODE; AMENDING CHAPTER 17 406 (PUBLIC ACCOMODATIONS), ORDINANCE CODE; 18 AMENDING CHAPTER 408 (FAIR HOUSING), ORDINANCE 19 CODE; PROVIDING FOR LEGISLATIVE INTENT; 20 PROVIDING FOR EXEMPTION FOR RELIGIOUS 21 ORGANIZATIONS; PROVIDING FOR EXEMPTION FOR 22 SMALL EMPLOYERS; PROVIDING FOR SINGLE-SEX 23 FACILITIES AND DRESS CODES; PROVIDING FOR 24 INTERPRETATION; AUTHORIZING THE OFFICE OF 25 GENERAL COUNSEL TO MAKE CODIFICATION CHANGES; 26 PROVIDING AN EFFECTIVE DATE. 27 28 WHEREAS, the City of Jacksonville is an inclusive and 29welcoming community, wherein no wrongful discrimination should 30occur; and 31 WHEREAS, the City of Jacksonville wishes to take reasonable 2 1

1measures to add certain categories of individuals to its 2nondiscrimination laws; now therefore 3 BE IT ORDAINED by the Council of the City of Jacksonville: 4 Section 1. Legislative Findings 5 It is hereby ascertained, represented, determined and declared 6that: 7 (a) The City of Jacksonville routinely competes with other 8cities and counties, within Florida, in other states and 9internationally, in the areas of economic development. 10 (b) The City of Jacksonville seeks to be competitive in 11attracting new industries, corporate relocations and expansions, 12medical facilities, educational opportunities, conventions, 13sporting, entertainment and cultural events, tourism, employee 14recruitment and retention, and in other important categories. 15 (c) The City of Jacksonville recognizes and appreciates the 16contributions of all its citizens, including members of its 17lesbian, gay, bisexual and transgender (“LGBT”) community, and 18including members of its religious communities. 19 (d) The City of Jacksonville is home to thriving small 20businesses that form the backbone of the local economy, the needs 21of which must be carefully considered whenever new regulations are 22enacted. 23 (e) The Duval County School Board passed and enacted certain 24protections based on sexual orientation and transgender status for 25its students, faculty, administrators, and other employees in June 262012. 27 (f) In March of 2016, after leading three community 28conversation on the topic, Mayor Lenny Curry, as a voluntary act 29and without being compelled to do so, required the City of 30Jacksonville to update its equal employment opportunity policy to 31prohibit discrimination on the basis of an applicant or employee’s 2 - 2 - 1

1“sexual orientation, gender identity or expression,” a requirement 2which Mayor Curry also extended to vendors that contract with the 3City; however, Mayor Curry recommended against the enactment of a 4City ordinance adding the categories of “sexual orientation” and 5“gender identity or expression” to existing non-discrimination laws 6applicable to private persons in the areas of employment, housing, 7and public accommodations. 8 (g) Following Mayor Curry’s lead, Sheriff Mike Williams, as a 9voluntary act and without being compelled to do so, extended 10certain protections based on sexual orientation and transgender 11status to all employees of the Jacksonville Sheriff’s Office. In 12addition, several key independent authorities, namely JEA, the 13Jacksonville Transportation Authority, and the Jacksonville 14Aviation Authority have done the same. 15 (h) The Department of Defense, including the United State 16Navy, Marines, Coast Guard, Army and Air Force, adopted policies 17and procedures that protect LGBT service-members, and their 18families, from discrimination. 19 (i) The City of Jacksonville has an interest of the highest 20order in protecting religious freedom from government intrusion, 21and is obligated to take measures that advance this interest by 22remedying, deterring, and preventing government interference with 23religious exercise in a way that complements the protections 24mandated by the constitutions of the State of Florida and the 25United States of America. 26 (j) The City of Jacksonville, the State of Florida, and the 27United States of America have a long, honorable history of 28accommodating religious exercise and establishing conscience 29protections based on religious and moral convictions. 30 (k) In its Obergefell v. Hodges opinion, the Supreme Court of 31the United States held same-sex couples have a right to marry, but 2 - 3 - 1

1also noted, “Many who deem same-sex marriage to be wrong reach that 2conclusion based on decent and honorable religious or philosophical 3premises, and neither they nor their beliefs are disparaged here.” 4In the wake of the Obergefell v. Hodges decision, leading legal 5scholars concur that conflicts between same-sex marriage and 6religious liberty are inevitable and, therefore, should be 7addressed through legislation. 8 (l) The City of Jacksonville has an obligation to refrain 9from discriminating against those who maintain a belief that 10marriage is the union of one man and one woman based on religious 11and moral convictions. 12 (m) Individual and corporate views regarding marriage being 13the union of one man and one woman are often tied to sincerely held 14religious beliefs and moral convictions. 15 (n) Laws that protect the free exercise of religious beliefs 16and moral convictions about marriage will encourage private 17citizens and institutions to demonstrate tolerance for those 18beliefs and convictions and therefore contribute to a more 19respectful, diverse, and peaceful society. 20 Section 2. Amending Sections 60.105, 400.101, 400.301, 21402.102, 402.107(g)(1), 402.107(g)(3), 402.201, 402.202, 402.203, 22402.204, 402.206, 402.209, 402.210, 402.211, 406.102, 406.104(g) 23(1), 406.104(g)(3), 406.201, 408.102, 408.204, 408.401, 408.402, 24408.403, 408.404, 408.406 and 408.407, Ordinance Code. 25 The foregoing sections of the Ordinance Code are hereby 26amended as follows: wherever protected categories are listed, that 27sexual orientation and transgender identity, as defined in Section 283 below, shall be added to the list. 29 Section 3. Amending Sections 400.301, 402.107, 406.104 and 30408.105, Ordinance Code. 31 The foregoing sections of the Ordinance Code are hereby 2 - 4 - 1

1amended as follows: 2 (a) Wherever definitions are provided, the definition of 3sexual orientation shall be added and shall mean an individual’s 4actual or perceived orientation as heterosexual, homosexual or 5bisexual. 6 (b) Wherever definitions are provided, the definition of 7transgender identity shall be added and shall mean the gender 8identity of male or female only, when such gender identity is 9different from a person’s biological sex, and when such person has 10been diagnosed, by a physician licensed in any state, with gender 11dysphoria (GD) or gender identify disorder (GID) and has 12permanently transitioned, or has begun the process of permanently 13transitioning, from male to female or from female to male. In no 14case, however, shall transgender identity be asserted for any 15improper, illegal or criminal purpose. 16 (c) Wherever definitions are provided, the terms 17discriminate, discrimination, and discriminatory shall exclude: 18 (1) a person’s believing, speaking, or acting in 19accordance with a sincerely held religious belief or moral 20conviction that: 21 (A) marriage is or should be recognized as the 22union of one man and one woman;

23 (B) sexual relations are properly reserved to such 24a marriage; or

25 (C) male (man) and female (woman) refer to 26distinct and immutable biological sexes that are determinable by 27anatomy and genetics by time of birth. 28 (2) any declination of service by a person on behalf of 29a place of public accommodation, which service would require the 30reproduction, publication, or expression of any message, or the use

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1of the creative or expressive talent, skill, or ability of such 2person in a manner that could reasonably be understood as 3promoting, endorsing, condoning, solemnifying, or otherwise 4participating in any conduct or event, that is contrary to the 5religious beliefs of such person or any owner, employee, or 6contractor of such place of public accommodation. 7 Section 4. Exemption for Religious Organizations. 8 Religious organizations, including without limitation 9churches, synagogues, mosques, and religious schools, corporations, 10societies, associations, institutions, and businesses, and any 11organizations affiliated with any of the foregoing, are exempt from 12the provisions contained herein. 13 Section 5. Exemption for Small Employers. 14 Since 1964, civil and human rights statutes at all levels of 15government have exempted employers with fewer than 15 employees. 16The same standard applies in the City of Jacksonville with respect 17to employment discrimination claims and public accommodations 18discrimination claims under this Ordinance 2017-15. 19 Section 6. Single-sex Facilities, Dress Codes. 20 (a) Nothing herein shall prohibit any employer, place of 21public accommodation, or other person from designating or 22maintaining single-sex restrooms, locker rooms, shower facilities, 23bath houses, health spas, dormitory lodging facilities, or similar 24facilities that are by nature intended to ensure privacy based on 25biological sex. Such employer, place of public accommodation, or 26other person may restrict access to such facilities based upon 27biological sex, but shall, in the case of a person claiming a 28transgender identity, make reasonable accommodations in providing 29access to such facilities or alternative single-person facilities 30in a manner that protects the privacy of the person claiming a 31transgender identity. 2 - 6 - 1

1 (b) Nothing herein shall prohibit any employer or place of 2public accommodation from establishing and enforcing any reasonable 3and appropriate dress code for its employees or customers in 4accordance with state and federal law. 5 Section 7. Interpretation. 6 (a) Any Ordinance or Charter provision or part of any 7Ordinance or Charter provision in conflict with the provisions 8hereof is repealed to the extent of the conflict. Should any part 9of this Ordinance 2017-15 be held invalid by a court of competent 10jurisdiction, the remainder of this Ordinance 2017-15 shall 11continue in full force and effect and it shall be presumed that 12this Ordinance 2017-15 was enacted without the invalid provision. 13 (b) The protection of free exercise of religious beliefs and 14moral convictions afforded by this Ordinance are in addition to the 15protections provided under federal, state, and local law, and under 16the state and federal constitutions. Nothing in this Ordinance 172017-15 shall be construed to preempt or repeal any local law that 18is equally or more protective of free exercise of religious beliefs 19or moral convictions, and nothing in this Ordinance 2017-15 shall 20be construed to narrow the meaning or application of any local law 21protecting free exercise of religious beliefs or moral convictions. 22 Section 8. Authorizing the Office of General Counsel to make 23codification changes allowed by this Ordinance. 24 The Office of General Counsel is authorized to take all 25necessary action in connection with this legislation, to execute 26the finalization and codification of the legislation to effectuate 27the purposes of this Ordinance as recommended by the Council 28Committees and enacted by Council, without further Council action, 29provided such changes implement the ordinance as approved by 2017- 3015. All such finalization and codification shall be subject to the 31appropriate legal review and approval by the General Counsel, or 2 - 7 - 1

1designee, and all other appropriate official action required by 2law. 3 Section 9. Effective Date. This ordinance shall become 4effective upon signature by the Mayor or upon becoming effective 5without the Mayor’s signature. 6 7Form Approved: 8 9 10Office of General Counsel 11Legislation Prepared by:

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