HomeMy WebLinkAboutOrdinance - 7762-1978 - Ordinance Amending Chapter 19 Adding A New Section 19-20.4 Discrimination - 10/26/1978/ No. 7762
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AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK., TEXAS., BY ADDING A NEW SECTION 19-20.4
PRQVIDING FOR PROHIBITING D~SCRIMINA TION IN PUBLIC PLACES; PROVID-
ING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLI-
CATION.
WHEREAS the City Council of the City of Lubbock has fonnd that the changes
indicated below would be in the best interest of the citizens of the City of Lubbock.,
NOW IBEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 19 of the Code of Ordinances of the City of
Lubbock BE and is hereby amended by adding thereto a new Section 19-20. 4 which
shall read as follows:
Section 19-20. 4. Discrimination in certain places.
(A) Prohibited. (1) It shall be unlawful for any person., firm,
association or corporationcnr any agent, servant or employee thereoi
within the City of Lubbock to refuse., deny or withhold from any person
for any reason directly or indirectly relating to the race., color., sex.,
age., physical handicap., religion.,· ethnic background or national origin
of such person any of the accommodations., advantages., facilities or
services offered to the general public by places of accommodation.
(2) It shall be unlawful for any place of public accommodation
to commit the prohibited acts stated above under the guise of
entrance requirements, dress codes or identification requirements.
(3) It shall be unlawful for any place of public accommodation
to have entrance requirements, dress codes or identification require-
ments for patrons, customers, participants, visitors or guests un-
less such requirements are clearly posted at all public entrances to
such building, room or facility.
(B) Definition. The term "place of public accommodation" shall
include every business within the City of Lubbock which is open to
the general public and offers for compensation any product, service
or facility. The term 11place of public accommodation" shall include,
but not be limited to, all taverns, hotels, motels, restaurants or any
place where food or beverages are sold, retail and wholesale establish-
ments, hospitals, theaters, motion picture houses, museums, bowling
alleys, golf courses, billiard parlors, g:§(8::Stations, garages, restrooms,
baths, barber shopg.;, beauty parlors, swimming pools, skating rinks,
meeting rooms and halls, and all public conveyances operated on land,
air, or water as well as the stations or terminals thereof.
(Cl Exemptions. No place shall be deemed to be a place of public
accommodation which is owned or operated by a bona fide private club
or. institution whose merchandise, facilities or services are restricted
to its. members and their guests (provided such club or iiistii:ution. is:.
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not conducted for the purpose of evading this section), nor by aiiy
bona fide religions, racial, deftominational or ethnic institution or
organization not organized for profit nor by any organization operat-
ed for charitable or educational purposes and not organized for pro-
fit.
Nothing in this section shall be contrary to state law in regards
to entrance by persons below the age prohibited by state law ai;~.eon-
trary to state health regulations.
(D) Availability of Civil Remedies. This section shall neither
add to nor detract from any civil remedies now available to persons
subject to racial or religions discrimination.
(E) Penalty for violation. .Any person violating any provision
of this section shall be deemed guilty of a misdemeanor and punish-
ed by a fine not exceeding two hundred dollars ($200. 00).
SECTION 2.. THAT should any section., paragraph, sentence., clause, phrase
or word of this Ordinance be declared unconstitutional or invalid for any reason,
the remainder of this Ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary is hereby authorized to cause publica
tion of the descriptive caption of this Ordinance as an alternative method provide
by law.
AND IT IS 00 ORDERED.
Passed by the City Council on first reading this 26tlday of October , 1978.
Passed by the City Council on second reading this 9tbday of Noyember , 1978.
APPROVED AS TO FORM:
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