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City of Missoula, Montana Item to be Referred to City Council Committee Committee: A&F Item: AN ORDINANCE OF THE MISSOULA CITY COUNCIL, AMENDING MISSOULA MUNICIPAL CODE TITLE 9 PUBLIC PEACE, MORALS AND WELFARE TO ADD CHAPTER 9.64 ENTITLED “ILLEGAL DISCRIMINATION” GENERALLY PROHIBITING DISCRIMINATORY PRACTICES IN THE AREAS OF EMPLOYMENT, PUBLIC ACCOMMODATIONS AND HOUSING ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, RELIGION, CREED, SEX, AGE, MARITAL OR FAMILIAL STATUS, PHYSICAL OR MENTAL DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION; AND AMENDING SECTION 2.94.030 ENTITLED “PERCENT FOR ART PROGRAM ESTABLISHED”, SECTION 5.82.080 ENTITLED “NONDISCRIMINATION”, SECTION 9.12.010 ENTITLED “HOUSING DISCRIMINATION DECLARED UNLAWFUL” AND SECTION 12.58.100 ENTITLED “EXCEPTIONS.” Date: February 16, 2010 Prepared by: Stacy Rye and Dave Strohmaier Initiated by: Stacy Rye and Dave Strohmaier Action Required: ADOPT AN ORDINANCE OF THE MISSOULA CITY COUNCIL, AMENDING MISSOULA MUNICIPAL CODE TITLE 9 PUBLIC PEACE, MORALS AND WELFARE TO ADD CHAPTER 9.64 ENTITLED “ILLEGAL DISCRIMINATION” GENERALLY PROHIBITING DISCRIMINATORY PRACTICES IN THE AREAS OF EMPLOYMENT, PUBLIC ACCOMMODATIONS AND HOUSING ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, RELIGION, CREED, SEX, AGE, MARITAL OR FAMILIAL STATUS, PHYSICAL OR MENTAL DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION; AND AMENDING SECTION 2.94.030 ENTITLED “PERCENT FOR ART PROGRAM ESTABLISHED”, SECTION 5.82.080 ENTITLED “NONDISCRIMINATION”, SECTION 9.12.010 ENTITLED “HOUSING DISCRIMINATION DECLARED UNLAWFUL” AND SECTION 12.58.100 ENTITLED “EXCEPTIONS.” Recommended Motion: I MOVE THE MISSOULA CITY COUNCIL SET A PUBLIC HEARING ON 2010, TO ADOPT AN AMENDING MISSOULA MUNICIPAL CODE TITLE 9 PUBLIC PEACE, MORALS AND WELFARE TO ADD CHAPTER 9.64 ENTITLED “ILLEGAL DISCRIMINATION” GENERALLY PROHIBITING DISCRIMINATORY PRACTICES IN THE AREAS OF EMPLOYMENT, PUBLIC ACCOMMODATIONS AND HOUSING ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, RELIGION, CREED, SEX, AGE, MARITAL OR FAMILIAL STATUS, PHYSICAL OR MENTAL DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION; AND AMENDING SECTION 2.94.030 ENTITLED “PERCENT FOR ART PROGRAM ESTABLISHED”, SECTION 5.82.080 ENTITLED “NONDISCRIMINATION”, SECTION 9.12.010 ENTITLED “HOUSING DISCRIMINATION DECLARED UNLAWFUL” AND SECTION 12.58.100 ENTITLED “EXCEPTIONS.” ---PAGE BREAK--- I MOVE THE MISSOULA CITY COUNCIL ADOPT AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE TITLE 9 PUBLIC PEACE, MORALS AND WELFARE TO ADD CHAPTER 9.64 ENTITLED “ILLEGAL DISCRIMINATION” GENERALLY PROHIBITING DISCRIMINATORY PRACTICES IN THE AREAS OF EMPLOYMENT, PUBLIC ACCOMMODATIONS AND HOUSING ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, RELIGION, CREED, SEX, AGE, MARITAL OR FAMILIAL STATUS, PHYSICAL OR MENTAL DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION; AND AMENDING SECTION 2.94.030 ENTITLED “PERCENT FOR ART PROGRAM ESTABLISHED”, SECTION 5.82.080 ENTITLED “NONDISCRIMINATION”, SECTION 9.12.010 ENTITLED “HOUSING DISCRIMINATION DECLARED UNLAWFUL” AND SECTION 12.58.100 ENTITLED “EXCEPTIONS.” Timeline: Referral to committee: February 17, 2010 Committee discussion: TBD Council acts to set hearing: TBD Public Hearing: TBD Background and Alternatives Explored: The purpose of this ordinance is to ensure that, within Missoula, no person shall be denied his or her civil rights or be discriminated against based upon his or her actual or perceived race, color, national origin, ancestry, religion, creed, sex, age, marital or familial status, physical or mental disability, sexual orientation, gender identity or expression. Reasons for this are as follows: A. The city deems it necessary consistent with Montana’s illegal discrimination law to identify, protect and safeguard the right and opportunity of all persons to be free from discrimination as identified in Montana’s illegal discrimination laws as well as to address and make it illegal to discriminate on the basis of sexual orientation, gender identity or expression. B. The city finds that discrimination in the areas of employment, public accommodations and housing is a serious threat to the health, safety, and general welfare of the community. Discrimination creates strife and unrest and deprives the city of its full capacity for economic development by decreasing productivity and increasing demand for city services. C. The city has received public testimony and written complaints from citizens reporting instances of discrimination. The city finds that existing state and federal laws regarding discrimination do not adequately address all discriminatory acts reported by the city’s diverse residents. The city deems it necessary to adopt local regulations adapted to the needs of its citizens. Financial Implications: None anticipated Attachments: Ordinance