Chapter 406 - PUBLIC ACCOMMODATIONS

Sec. 402.405. - Written interpretations or opinions. Chapter 408 - FAIR HOUSING Chapter 406 - PUBLIC ACCOMMODATIONS

PART 1. - GENERAL PROVISIONS

Sec. 406.101. - Short Title.

This Chapter shall be known and may be cited as the Jacksonville Public Accommodations Ordinance.

(Ord. 2004-699-E, § 15)

Sec. 406.102. - Declaration of policy.

The City declares it to be the policy of the City to provide, within the limits of the Constitution of the United States, access to public accommodations for all people within the City. The availability of access to public accommodations without discrimination on the basis of race, color, religion, ancestry, to national origin, age, sex, sexual orientation, gender identity, pregnancy, disability, marital status, or familial status is a matter of concern to the people of Jacksonville and more particularly of concern to the City in providing for the health, welfare, safety and morals of the people of Jacksonville.

(Ord. 2004-699-E, § 15; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 4)

Sec. 406.103. - Objectives.

The objectives of this Chapter and of its several provisions are to provide a positive means for the implementation of the policy declared in (above paragraph) and to discourage and eliminate discriminatory practices in public accommodations.

(Ord. 2004-699-E, § 15)

Sec. 406.104. - Definitions.

In this Chapter, unless the context otherwise requires:

(a)

Commission means the Jacksonville Human Rights Commission.

(b)

Communication is defined as written materials including electronic mail, when a complaint has been filed.

(c)

Complainant means a person who files a complaint under this Chapter.

(d)

Contract is defined as an agreement between two or more parties that creates in each party a duty to do or not do something and a right to performance of the other's duty or a remedy for the breach of the other's duty. The parties must have the necessary capacity, as to age or mental soundness. The agreement must have a lawful, not criminal object to be valid and enforceable.

(e)

Director means the Executive Director of the Jacksonville Human Rights Commission.

(f)

Disability:

(1)

A physical or mental impairment which substantially limits one or more of a person's major life activity;

(2)

A record of such impairment; or

(3)

being regarded as having such an impairment.

The term does not include current, illegal use of or addiction to a controlled substance (as defined in § 102 of the Controlled Substances Act (21 U.S.C. 802)).

(g)

Discriminate, discrimination, and discriminatory include:

(1)

A difference in treatment because of race, color, religion, ancestry, national origin, age, sex, sexual orientation, gender identity, pregnancy, disability, marital status, or familial status, where the difference is not justified by business necessity or is not a bona fide qualification.

(2)

Any of the discriminatory practices hereinafter enumerated.

(3)

An unlawful separation, segregation or distinction directly or indirectly against a person because of race, color, religion, ancestry, national origin, age, sex, sexual orientation, gender identity, pregnancy, disability, marital status, or familial status.

(h)

Gender identity shall mean the gender-related identity, appearance, or expression of a person. Gender identity may be demonstrated by a person's consistent and uniform assertion of a particular gender identity, appearance or expression, or by any other evidence that a person's gender identity is sincerely held, provided, however, that gender identity shall not be asserted for any improper, illegal or criminal purpose.

(i)

Mediation means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the complainant, respondent, and the Commission.

(j)

Probable Cause Panel is defined as a three- to five-person panel composed of the members from the Public Accommodations Subcommittee of the Commission appointed to make findings related to probable cause upon the completion of the investigation of a duly filed complaint.

(k)

Religious Organization shall mean and include churches, synagogues, mosques, and schools of religious instruction and non-profit institutions or organizations affiliated therewith, as well as any "religious corporation, association or society." The phrase "religious corporation, association or society" shall be interpreted consistent with Section 2000e-(1)(a), United States Code.

(l)

Respondent means any entity whom ha;i§ .....i; been charged with a violation of this Chapter and who meets the requirements under this Chapter as one who provides public accommodation.

(m)

Settlement agreement means a written agreement setting forth the resolution of the issues in mediation.

(n)

Sexual orientation shall mean an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual.

(Ord. 2004-699-E, § 15; Ord. 2017-15-E, § 3; Ord. 2020-244-E, § 4)

PART 2. - UNLAWFUL PUBLIC ACCOMMODATIONS PRACTICES

Sec. 406.201. - Unlawful practice.

It shall be unlawful to engage in any of the following acts because of an individual's race, color, religion, ancestry, national origin, age, sex, sexual orientation, gender identity, pregnancy, disability, marital status, or familial status.

(a)

To refuse, withhold or deny to a person any services, access, advantages, goods, facilities or privileges of a public accommodation including the extension of credit; or

(b)

To publish, circulate, issue, display, post or mail and communication, notice or advertisement to the effect that accommodations, services, goods advantages, facilities are denied to a person or that the patronage of such person is unwelcome, objectionable, or unacceptable.

(Ord. 2004-699-E, § 15; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 4)

Sec. 406.202. - Reasonable accommodation.

Reasonable accommodation in public accommodations shall include the obligation to take readily achievable measures to remove barriers to the disabled, such as moving, rearranging or removing such items as chairs, furniture or vending machines in order to provide convenient access to establishments, buildings, places or services. In determining responsibility for reasonable accommodation, the landlord shall be held responsible for making readily achievable changes and providing auxiliary aids, and services in common areas and for modifying policies, practices or procedures applicable to all tenants. The tenants shall be responsible for readily achievable changes, provisions or auxiliary aids, and modification of policies within its own place of public accommodation. The responsibility for particular obligations may be determined by contract.

(Ord. 2004-699-E, § 15)

Sec. 406.203. - Segregation.

To segregate any public accommodation except where such segregation is caused by barriers to accessibility that are not required to be eliminated through reasonable accommodation.

(Ord. 2004-699-E, § 15)

PART 3. - PLACES OF PUBLIC ACCOMMODATION ENUMERATED

Sec. 406.301. - Places of public accommodation.

"Places of Public Accommodations" shall mean any establishment, service, place or building which offers, sells, or otherwise makes available to the public any good, service, facility, privilege or advantage. Each of the following establishments which services the public is a place of public accommodation within the meaning of this Chapter:

(a)

Any retail or wholesale establishment:

(b)

Any places or resorts of amusements, inn, hotel, motel or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than four units for rent or hire and which is actually occupied by the owner of such establishment as the owner's residence;

(c)

Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises including, but not limited to, any such facility located on the premises of any retail establishment, any gasoline station, or mobile vendor;

(d)

Any bar, lounge, night club, or other facility principally engaged in selling alcoholic beverages for consumption on the premises or any facility principally engaged in selling both food and alcoholic beverages for consumption on the premises;

(e)

Any movie theater, theater, concert hall, sports arena, stadium, convention hall, or other place of exhibition of entertainment; and

(f)

Any library or educational facility supported in part or in whole by public funds, any public conveyances (including taxis, limousines and buses), barber and beauty shops, hospitals, health care facilities, laundries, swimming pools, nurseries, kindergartens, or day care centers;

(g)

Any establishment which is physically located within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment.

(Ord. 2004-699-E, § 15)

Sec. 406.302. - Limitations and exemptions.

The following limitations and exemptions shall apply:

(a)

The provision of this Chapter shall not apply to a private club or other establishments not in fact open to the public, except to the extent that the facilities of such establishments are made available to the customers or patrons of such an establishment.

(b)

Nothing in this Chapter shall prohibit a religious organization, as defined in this Chapter, from limiting facilities and accommodations which it owns or operates for other than commercial purpose to persons of the same religion, or from giving preference to such persons;

(c)

Nothing in this Chapter shall prohibit the limiting of the use of kindergartens, nurseries, day care centers, theaters and movie theaters to persons of a particular age group.

(d)

Nothing herein shall prohibit a business or place of public accommodation from providing single-sex restrooms, locker rooms, shower facilities, bath houses, health spas, dormitories, lodging facilities and similar facilities that are by their nature distinctly private.

(e)

Nothing herein shall prohibit a business or place of accommodation from establishing and enforcing a dress code for its employees, provided that such dress code shall not be based upon sex stereotypes.

(f)

With regard to discrimination based on sexual orientation or gender identity, this Part 3 shall not apply with regard to any action of, or decision made by, a religious organization as defined in this Chapter.

(Ord. 2004-699-E, § 15; Ord. 2020-244-E, § 4)

PART 4. - PROCEDURES FOR PUBLIC ACCOMMODATIONS COMPLAINT

Sec. 406.401. - Filing a complaint.

The following procedures shall apply:

(a)

Any person aggrieved by an unlawful public accommodation prohibited by this Chapter must file a written, signed, and sworn complaint with the Commission or its designee within 180 days after the alleged unlawful practice occurs. The complaint shall set forth the facts upon which it is based with sufficient specificity to identify the Respondent. Such complaint may be amended; however, the amended complaint must be filed within 180 days after the alleged unlawful practice occurs.

(b)

Upon the filing of any complaint the Commission or its designee shall serve the complainant acknowledging such filing and advising the complainant of the time limits provided under this Chapter within ten days of the filing of the complaint.

(c)

Upon the filing of any complaint the Commission or its designee shall serve the complaint and a written notice on the respondent or person charged with the Commission of a discriminatory practice within ten days of the filing of the complaint, setting forth the rights and obligations of the parties including, but not limited to, the right to a fair and full hearing on the matter before the Commission. Such service shall be by certified mail.

(d)

A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice to such person from the Director. Notice shall be served upon such additional or substitute respondent within ten days of such joiner or substitution and shall explain the basis for the Director's belief that the person to whom the notice is addressed is properly joined as a respondent.

(e)

Each respondent shall file an answer to the complaint, not later than 15 days after receipt of the complaint and notice from the Director.

(Ord. 2004-699-E, § 15)

Sec. 406.402. - Investigations.

In conducting an investigation of a complaint, the Director shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence relevant to the complaint and may examine, record, photograph and copy such materials and take and record the testimony or statements of such persons and issue such interrogatories as are reasonably necessary for the furtherance of the investigation. The Commission may enter an order compelling answers to interrogatories.

(Ord. 2004-699-E, § 15)

Sec. 406.403. - Subpoenas.

In support of the above, the following procedures shall apply:

(a)

The Director may issue subpoenas to compel access to or the production of premises, records, documents, individuals and other evidence or appearance of persons.

(b)

In the case of contumacy or refusal to obey subpoena, the Commission or any party may seek enforcement of a subpoena issued under the authority of this Chapter by filing a petition for enforcement in the County Court of Duval County.

(c)

In any enforcement proceeding authorized by this Chapter, the court may award to the prevailing party all or part of the costs and attorney's fees incurred in obtaining the court order as authorized by the Florida Rules of Civil Procedure.

(d)

Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents or other evidence, if in his or her power to do so, may be fined by the County Court of Duval County, not more than $500 or imprisoned not more than 60 days or both.

(e)

Any person who, with intent thereby to mislead the Commission or the Director, makes or causes to be made any false entry or statement of fact in any report, account, record or other document submitted to the Commission pursuant to its subpoena or other order, or shall willfully neglect or fail to make or cause to be made full, true and correct entries in such reports, accounts, records or other documents, or shall willfully mutilate, alter, or by any other means falsify any documentary evidence, may be fined by the County Court of Duval County, not more than $500.

(Ord. 2004-699-E, § 15; Ord. 2017-15-E, § 8; Ord. 2020-244-E, § 7)

Sec. 406.404. - Application of Florida rules of civil procedure.

The following procedures shall apply:

(a)

The provisions of Rule 1.090, Florida Rules of Civil Procedure, shall govern the computation of any period of time prescribed or allowed by this Chapter or by rules, regulations, or orders adopted pursuant to this Chapter.

(b)

All papers or pleadings required by this Chapter to be served may be served by certified mail or in accordance with Rule 1.080, Florida Rules of Civil Procedure.

(Ord. 2004-699-E, § 15)

Sec. 406.405. - Probable cause.

The following procedures relating to findings of probable cause shall apply:

(a)

The Commission or its designee shall make a finding related to probable cause upon the completion of the investigation of the complaint.

(b)

At the end of the investigation under this Chapter, the Director shall prepare a finding related to probable cause consisting of a final investigative report and recommended order. The Director's report and recommended final order shall contain:

(1)

The names and dates of contacts with witnesses;

(2)

A summary and the dates of correspondence and other contacts with the complainant and the respondent;

(3)

A summary description of other pertinent records;

(4)

A summary of witness statements;

(5)

Any responses to requests for discovery; and

(6)

Recommendations including, but not limited to the issues of liability for a violation of this Chapter, affirmative action, reasonable accommodation, quantifiable damages, costs, attorney's fees, interest and civil fines.

(c)

The Director's investigative report and recommended order shall become final ten days after issuance.

(Ord. 2004-699-E, § 15)

Sec. 406.406. - No probable cause.

If the Director determines that no probable cause exists to believe that a violation of this Chapter has occurred or is about to occur, the Director shall promptly dismiss the complaint and then the Director shall inform the Commission of the finding verbally or through written report. The Director shall notify the complainant and respondent of such dismissal.

(Ord. 2004-699-E, § 15)

Sec. 406.407. - Conciliation.

The following procedures shall apply:

(a)

It is the policy of the Director and the Commission to encourage conciliation or settlement of charges. If possible, a written settlement agreement resolving the dispute between the complainant and the respondent shall be executed prior to determination and any time until final hearing by the Commission, the Director will work with the parties in an attempt to conciliate the charge.

(b)

A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant and shall be subject to approval by the Director.

(c)

Whenever the Director has reasonable cause to believe that a party has breached a conciliation agreement, the Director shall refer the matter to the General Counsel with a recommendation that a civil action be filed in a court of competent jurisdiction for enforcement of such agreement.

(d)

Nothing said or done in the course of attempting conciliation under this Chapter may be used as evidence in any subsequent proceeding under this Chapter or otherwise without the written consent of the parties to the underlying charge of unlawful conduct.

(Ord. 2004-699-E, § 15)

Sec. 406.408. - Hearings.

The following procedures relating to hearings before the Commission shall apply:

(a)

If within ten days after receipt of the Director's finding related to probable cause the respondent or the complainant submits a written request for a hearing before the Commission, then such hearing shall be granted expeditiously.

(b)

In any hearing before the Commission pursuant to this Section, the respondent may file a written answer to the complaint. All parties shall appear at the hearing in person, with or without counsel, and submit evidence and be heard. Testimony taken at the hearing shall be under oath and a transcript shall be made available at cost to any interested party.

(c)

Discovery shall be permitted upon motion of any party and shall proceed in the manner provided by the Florida Rules of Civil Procedure.

(d)

The chairperson may direct that the parties submit pre-hearing statements addressing the issues of law and fact that will be involved in such hearing, identify the witnesses that will testify, and provide a list of all documents or other types of exhibits that will be submitted.

(e)

Upon the conclusion of the hearing, an adjudicative final order shall be issued and served upon the parties.

(f)

In any proceeding under this Chapter, the burden of proof rests upon the complainant.

(g)

Copies of current rules of procedures shall be available at the Office of the Commission.

(Ord. 2004-699-E, § 15)

Sec. 406.409. - Enforcement by private persons.

The following procedures shall apply:

(a)

If within 180 days after a complaint is filed alleging discrimination, the Director has been unable to obtain voluntary compliance with the provisions of this Chapter, the aggrieved person may demand a notice of Right To Sue from the Director, the issuance of which shall terminate the jurisdiction of the Director and the Commission over such complaint. Not later than 90 days following receipt of the Notice of Right To Sue, the complainant may commence a civil action in a court of appropriate jurisdiction against the respondent named in the complaint.

(b)

If in a private enforcement proceeding under this Chapter, the court finds that a discriminatory practice has occurred or is about to occur it may issue an order prohibiting the practice and providing affirmative relief from the effects of the practice, including temporary or permanent injunctive and other equitable relief, temporary restraining order, actual and punitive damages, reasonable attorney's fees, interest, costs, or other order.

(c)

Upon request of the Commission, the General Counsel may intervene on behalf of the City in an action brought under the provisions of this Chapter, if the Commission certifies that the case is of public importance to the citizens of Duval County.

(Ord. 2004-699-E, § 15)

PART 5. - PUBLIC ACCOMMODATIONS FOR THOSE WITH SERVICE ANIMALS

Sec. 406.501. - Definitions as to Public Accommodations for those with Service Animals.

(a)

Individual with a disability means a person who has a physical or mental impairment that substantially limits one or more major life activities of the individual.

(b)

Major life activity means a function such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

(c)

Physical or mental impairment means:

(1)

A physiological disorder or condition, disfigurement, or anatomical loss that affects one or more bodily functions; or

(2)

A mental or psychological disorder that meets one of the diagnostic categories specified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, such as an intellectual or developmental disability, organic brain syndrome, traumatic brain injury, posttraumatic stress disorder, military sexual trauma and/or an emotional or mental illness.

(d)

Service animal means an animal that is trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work done or tasks performed must be directly related to the individual's disability and may include, but are not limited to, guiding an individual who is visually impaired or blind, alerting an individual who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting an individual who is having a seizure, retrieving objects, alerting an individual to the presence of allergens, providing physical support and assistance with balance and stability to an individual with a mobility disability, helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors, reminding an individual with mental illness to take prescribed medications, calming an individual with posttraumatic stress disorder during an anxiety attack, or doing other specific work or performing other special tasks.

The term service animal is limited to a dog or miniature horse. The crime-deterrent effect of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for purposes of this definition.

(Ord. 2020-614-E, § 1)

Sec. 406.502. - Reasonable Accommodation for individuals with service animals.

An individual with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges in all public accommodations. A public accommodation must modify its policies, practices, and procedures to permit use of a service animal by an individual with a disability. This Section does not require any person, firm, business, or corporation, or any agent thereof, to modify or provide any vehicle, premises, facility, or service to a higher degree of accommodation than is required for a person not disabled.

(Ord. 2020-614-E, § 1)

Sec. 406.503. - Right to be accompanied by a service animal in all areas of a public accommodation that the public or customers are normally permitted to occupy.

(a)

The service animal must be under the control of its handler and must have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control by means of voice control, signals, or other effective means.

(b)

Documentation that the service animal is trained is not a precondition for providing service to an individual accompanied by a service animal. A public accommodation may not ask about the nature or extent of an individual's disability. To determine the difference between a service animal and a pet, a public accommodation may ask if an animal is a service animal required because of a disability and what work or tasks the animal has been trained to perform.

(c)

A public accommodation may not impose a deposit or surcharge on an individual with a disability as a precondition to permitting a service animal to accompany the individual with a disability, even if a deposit is routinely required for pets.

(d)

An individual with a disability is liable for damage caused by a service animal if it is the regular policy and practice of the public accommodation to charge nondisabled persons for damages caused by their pets.

(e)

The care or supervision of a service animal is the responsibility of the individual owner. A public accommodation in the City of Jacksonville will not be required to provide care or food or a special location for the service animal or assistance with removing animal excrement.

(f)

A public accommodation may exclude or remove any animal from the premises, including a service animal, if the animal is out of control and the animal's handler does not take effective action to control it, the animal is not housebroken, or the animal's behavior poses a direct threat to the health and safety of others. Allergies and fear of animals are not valid reasons for denying access or refusing service to an individual with a service animal. If a service animal is excluded or removed for being a direct threat to others, the public accommodation must provide the individual with a disability the option of continuing access to the public accommodation without having the service animal on the premises.

(Ord. 2020-614-E, § 1)

Sec. 406.504. - Trainers of service animals.

Any trainer of a service animal, while engaged in the training of such an animal, has the same rights and privileges with respect to access to public facilities and the same liability for damage as is provided for those persons described in Section 406.501 accompanied by service animals.

(Ord. 2020-614-E, § 1)

Sec. 406.505. - Unlawful practices and penalties.

(a)

Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies or interferes with admittance to, or enjoyment of, a public accommodation or, with regard to a public accommodation, otherwise interferes with the rights of an individual with a disability or the trainer of a service animal while engaged in the training of such an animal commits a misdemeanor of the second degree, punishable as provided in F.S. § 775.082, or F.S. § 775.083, and must perform 30 hours of community service for an organization that serves persons with disabilities or for another entity or organization at the discretion of the court, to be completed in not more than six months.

(b)

A person who knowingly and willfully misrepresents herself or himself, through conduct or verbal or written notice, as using a service animal and being qualified to use a service animal or as a trainer of a service animal commits a misdemeanor of the second degree, punishable as provided in F.S. § 775.082, or F.S. § 775.083, and must perform 30 hours of community service for an organization that serves persons with disabilities or for another entity or organization at the discretion of the court, to be completed in not more than six months.

(Ord. 2020-614-E, § 1)

Sec. 406.506. - Interference with or injury to a service animal; penalties; restitution.

(a)

A person who, with reckless disregard, interferes with, or permits a dog that he or she owns or is in the immediate control of to interfere with, the use of a service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the service animal or its user commits a misdemeanor of the second degree for the first offense and a misdemeanor of the first degree for each subsequent offense, punishable as provided in F.S. § 775.082, or F.S. § 775.083.

(b)

A person who, with reckless disregard, injures or kills, or permits a dog that he or she owns or is in the immediate control of to injure or kill, a service animal commits a misdemeanor of the first degree, punishable as provided in F.S. § 775.082, or F.S. § 775.083.

(c)

A person who intentionally injures or kills, or permits a dog that he or she owns or is in the immediate control of to injure or kill, a service animal commits a felony of the third degree, punishable as provided in F.S. § 775.082, F.S. § 775.083, or F.S. § 775.084.

(d)

(1)

A person who is convicted of a violation of this Section, in addition to any other penalty, must make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the service animal's user.

(2)

Restitution includes the value of the service animal; replacement and training or retraining expenses for the service animal and the user; veterinary and other medical and boarding expenses for the service animal; medical expenses for the user; and lost wages or income incurred by the user during any period that the user is without the services of the service animal.

(Ord. 2020-614-E, § 1)

Sec. 406.507. - Compliance with Chapter 462, Ordinance Code.

Except as specifically provided for herein, the requirements of Chapter 462, Ordinance Code, as to licensing, vaccination, nuisance and other public health and regulatory requirements shall apply to service animals within the City of Jacksonville.

(Ord. 2020-614-E, § 1)

Sec. 402.405. - Written interpretations or opinions. Chapter 408 - FAIR HOUSING