Los Angeles Municipal Code § 45.95 Prohibition Against Discrimination by Clubs or Organizations Which Are Not Distinctly

After public hearings receipt of testimony, the City Council finds and declares:

That a significant barrier to the advancement of women and minorities in the business and professional life of the City exists by virtue of the discriminatory practices of certain clubs or organizations which are not distinctly private and where business is frequently conducted.

That while such clubs or organizations may avowedly be formed for social or civic purposes, the extent to which many of the activities therein have had a prejudicial impact on the business, professional and, employment opportunities of women and minorities can not be ignored or minimized.

That business activity most frequently occurs in clubs or organizations having more than four hundred members which provide regular meal services which facilitates conducting such business.

That the dues and expenses of members at such clubs or organizations are often paid by their employers because the employee’s activities at said clubs or organizations serve to develop and enhance the employer’s business.

That such clubs or organizations also rent their facilities for use as conference rooms for business meetings attended by non-members.

That the City of Los Angeles has a compelling interest in eradicating discrimination based on sex, race, color, religion, ancestry, national origin, sexual orientation, or disability in order to assure all of its citizens a fair and equal opportunity to participate in the business and professional life of the City. Conduct and practices which exclude persons from entry or consideration for membership in or the full advantages and privileges of such membership on these bases are discriminatory and unacceptable, are injurious to the body politic and to the business community and the City of Los Angeles. Accordingly, the City’s interest in eliminating such practices in clubs or organizations covered by this article outweighs the interest of their members in private association.

A. For purposes of this article, a club or organization (hereafter “club”) which is not distinctly private is any organization, institution, club or place of accommodation which satisfies the following requirements:

1. Has membership of whatever kind totalling 400 or more; and

2. Provides regular meal service by providing either directly or indirectly under a contract with another person, any meals on three or more days per week during two or more weeks per month during six or more

months per year: and

3. Regularly accepts payments:

   (a) from non-members for expenses incurred at the club by members or non-members in the furtherance of trade or business; or

   (b) on behalf of non-members for expenses incurred at the club by non-members in the furtherance of trade or business.

B. “Regularly accepts payment” as used in this article shall mean a club accepting as many payments during the course of a year as the number of weeks any part of which the club is available for use by members or non-members per year; the payments may be for dues, fees, use of space, facilities, services, meals or beverages.

C. “Furtherance of trade or business” as used in this article shall mean payment made by or on behalf of a trade or business organization, payment made by an individual from an account which the individual uses primarily for trade or business purposes, payment made by an individual who is reimbursed for the payment by the individual’s employer or by a trade or business organization, or other payment made in connection with an individual’s trade or business, including entertaining clients or business associates, holding meetings or other business-related events.

A. It shall be unlawful for a club which is not distinctly private to deny to any person entry to facilities at, membership in, or the full enjoyment of said club or organization on the basis of sex, race, color, religion, ancestry, national origin, sexual orientation, or disability.

B. The provisions of this article shall not apply to an institution organized and operated exclusively for religious purposes as defined in 26 U.S.C. Section 501(c)(3).

A. Civil Action. Any person may enforce the provisions of this article by means of a civil action. The City of Los Angeles may also enforce the provisions of this Article by means of a civil action.

B. Injunctions.

1. Any person who commits an act, or proposes to commit an act, or engages in any pattern and practice of discrimination in violation of Section 45.95.02 may be enjoined therefrom by any court of competent jurisdiction.

2. Action for injunction under this subsection may be brought by any aggrieved person, by the City Attorney, or by any person or entity who will fairly and adequately represent the interest of the protected class.

C. Penalties. Any person who violates or aids or incites another person to violate, the provisions of this article is liable for each and every such offense for the actual damages, and such amount as may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than Two Hundred Fifty Dollars ($250), and such attorney’s fees and court costs as may be determined by the court in addition thereto, suffered by any aggrieved party. In addition, the court may award punitive damages in a proper case.

D. Non-exclusive Remedies and Penalties. Nothing in this article shall preclude any person from seeking any other remedies, penalties or procedures provided by law.

Notwithstanding any provision of this code to the contrary, no criminal penalties shall attach for any violation of the provisions of this article.

ARTICLE 5.10

PROHIBITION AGAINST HARASSMENT OF BICYCLISTS

(Art. 5.10. Added By Ord. No. 181,817, Eff. 9/5/11.)

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