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R5S-Amend Chapter 62 Add Intersexuality As Protected Classification -Bower-(g MIAMI BEACH COMMISSION MEMORANDUM TO: CC: FROM: DATE: Mayor Matti Herrera Bower and Members of the City Commission Jimmy Morales City Manager Jose Smith, City Attornr)j,.. /// .· /' October 9, 2013 L---. ~~ SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 62, ENTITLED "HUMAN RELATIONS," BY AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SEC. 62.31 ENTITLED "DEFINITIONS" TO DEFINE INTERSSEXUALITY AND ADD THAT TERM AS A PROTECTED CLASSIFICATION CATEGORY; TO AMEND SECTIONS 62-33 ENTITLED "PURPOSE; DECLARATION OF POLICY," 62- 37(b) ENTITLED "DUTIES AND POWERS," 62-88.1 ENTITLED "DISCRIMINATION IN PUBLIC SERVICES," 62-90 ENTITLED "USE OF MUNICIPAL FACILITIES," 62-91 ENTITLED "MUNICIPAL FUNDS," AND 62- 112(c) ENTITLED "HOUSING" TO INCLUDE INTERSEXUALITY AS A PROTECTED CLASSIFICATION CATEGORY; AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. BACKGROUND The Miami Beach Human Rights Ordinance established the City of Miami Beach Human Rights Committee, which has as one of its principal duties recommending to the City Manager and the City Commission legislation that would further the purpose of eliminating and preventing discrimination in employment and public accommodations based upon classification categories defined in Section 62-31 of the City of Miami Beach's Human Rights Ordinance. At the request of the City of Miami Beach Human Rights Committee, Mayor Matti Herrera Bower sponsors this proposed ordinance. ANALYSIS "Intersexuality" is defined by the Miriam Webster Dictionary as "the condition of either having both male and female gonadal tissue in one individual or of having the gonads of one sex and external genitalia that is of the other sex or is ambiguous." In 2012, Australia adopted an anti-discrimination law that protects "intersex status" alongside established grounds such as "sex" and "race." The government has also 743 Agenda Item R S S Date /0-/6-/3 Memorandum to the City Commission on Adding Intersexuality as a Classification Category October 9, 2013 Page2of2 adopted new guidelines on the recognition of sex and gender, which are currently being implemented. The Australian healthcare system is removing gendered references in its services, focusing on the specific biological needs of patients instead of their legal sex or gender. Also in 2012, the European Union released a report on discrimination against intersex and trans people, titled "Discrimination against trans and intersex people on the grounds of sex, gender identity and gender expression." The report identifies Germany and Finland as having the most advanced protection. In Germany, for example the ground of sexual identity is interpreted broadly covering the whole LGBTI spectrum. The report also identifies Scotland as having the only (then) known explicit reference to intersex people in domestic legislation. In Scotland's Offences (Aggravation by Prejudice) (Scotland) Act 2009,211, Art. 2(8) includes "intersexuality" within the meaning of "transgender identity". Research has not revealed any governmental entity in the United States that has yet enacted protection for intersex people, so passage of this measure by the City of Miami Beach would once again place the City on the cutting edge of civil rights protections. This model could then be utilized to encourage other U.S. jurisdictions to adopt similar measures. The Miami Beach Human Rights Committee discussed the issue of discrimination based upon intersexuality at its October 8, 2013 meeting and voted to recommend that the City Commission adopt protection for intersexuals by amending the City of Miami Beach Human Rights Ordinance to protect intersexuals from discrimination in employment, public accommodations, housing, and provision of public services. The Miami Beach Human Rights Committee and the administration therefore recommend the passage of this Ordinance amending the Chapter 62 of the City Code to define and protect intersexuality as a protected Classification Category. ECONOMIC IMPACT There is no cost to the City of Miami Beach associated with the adoption of this ordinance. 744 --------··· ·----------- MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jose Smith, City Attorney From: Matti Herrera Bower, Mayor Date: October 9, 2013 Re: Amending our Human Rights Ordinance to protect Intersexuality from Discrimination in the City of Miami Beach I would like the City of Miami Beach to follow the recommendation of our Human Rights Committee and request that your office draft the necessary amendments to our existing Human Rights Ordinance to protect intersex status alongside other classification categories, such as race, sex and sexual orientation. I would like to sponsor these amendments for first reading at the October 16, 2013 meeting of the City Commission. Should you have any questions, please contact Gabrielle Redfern at extension 6157. Thank you. MHB/ fgr 745 ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 62, ENTITLED "HUMAN RELATIONS," BY AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SEC. 62.31 ENTITLED "DEFINITIONS" TO DEFINE INTERSSEXUALITY AND ADD THAT TERM AS A PROTECTED CLASSIFICATION CATEGORY; TO AMEND SECTIONS 62-33 ENTITLED "PURPOSE; DECLARATION OF POLICY," 62-37(b) ENTITLED "DUTIES AND POWERS," 62-88.1 ENTITLED "DISCRIMINATION IN PUBLIC SERVICES," 62-90 ENTITLED "USE OF MUNICIPAL FACILITIES," 62-91 ENTITLED "MUNICIPAL FUNDS," AND 62-112(c) ENTITLED ''HOUSING" TO INCLUDE INTERSEXUALITY AS A PROTECTED CLASSIFICATION CATEGORY; AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on January 13, 2010, the Mayor and City Commission ofthe City of Miami Beach adopted Ordinance 2010-3669, amending the City of Miami Beach Human Rights Ordinance; and WHEREAS, the Miami Beach Human Rights Ordinance established the City of Miami Beach Human Rights Committee, which has as one of its principal duties recommending to the City Manager and the City Commission legislation that would further the purpose of eliminating and preventing discrimination in employment and public accommodations based upon classification categories defined in Section 62-31 of the City of Miami Beach's Human Rights Ordinance; and WHEREAS, intersexuality, is defined by the Miriam Webster Dictionary as "the condition of either having both male and female gonadal tissue in one individual or of having the gonads of one sex and external genitalia that is of the other sex or is ambiguous;" and WHEREAS, the Miami Beach Human Rights Committee discussed the issue of discrimination based upon intersexuality at its October 8, 2013 meeting and voted to recommend protection for intersexuals by amending the City of Miami Beach Human Rights Ordinance to protect intersexuals from discrimination in employment, public accommodations, housing, and provision of public services; and WHEREAS, the Mayor and City Commission wish to adopt the Miami Beach Human Rights Committee's recommendation to provide protection from discrimination for intersexuals; and NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY 746 COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. That Chapter 62 of the City Code is hereby amended as follows: Chapter 62 HUMAN RELATIONS * * * Article II. Discrimination * * * Division 1. Generally Sec. 62-31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Classification category means each category by which discrimination is prohibited as set forth within section 62-33. These categories are as follows: race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, disability, marital and familial status, or age. * * * Intersexuality means the condition of either having both male and female gonadal tissue in one individual or of having the gonads of one sex and external genitalia that is of the other sex or is ambiguous. * * * Sec. 62-33. Purpose; Declaration of Policy. In the city, with its cosmopolitan population consisting of people of every race, color, national origin, religion, sex, intersexuality, gender, gender identity, sexual orientation, marital and familial status, and age, some of them who are disabled as defined under section 62-31 hereof, there is no greater danger to the health, morals, safety and welfare of the city and its inhabitants than the existence of prejudice against one another and antagonistic to each other because of differences of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, or disability. The city finds and declares that prejudice, intolerance, bigotry and discrimination and disorder occasioned thereby 747 threaten the rights and proper privileges of its inhabitants and menace the very institutions, foundations and bedrock of a free, democratic society. The general purpose of this article and the policy of the city, in keeping with the laws of the United States of America and the spirit of the state constitution, is to promote through fair, orderly and lawful procedure the opportunity for each person so desiring to obtain employment, housing and public accommodations of the person's choice in the city without regard to race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, or disability, and, to that end, to prohibit discrimination in employment, housing and public accommodations by any person. * * * Sec. 62-37. Duties and Powers. * * * (b) To inform persons of the rights assured and remedies provided under this article, and to promote goodwill, and minimize or eliminate discrimination because of race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, disability, marital and familial status, or age; * * * Sec. 62-88.1. Discrimination in Public Services. No individual shall, by reason of race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, marital and familial status, or age, nor any qualified individual with a disability shall, by reason of disability, be excluded from participation in or be denied the benefits ofthe public services of the city, or be subjected to discrimination by the city. * * * Sec. 62-90. Use of Municipal Facilities. The use of municipal facilities in the city shall be regulated pursuant to the provisions of this section. The purpose and intent of this section is to establish legislative and administrative policies for the nondiscriminatory use of municipal facilities, which shall be defined as any and all city-owned and operated facilities including buildings, parks, fields, and any other facility now or in the future owned, controlled, leased, or operated by the city. All organizations, clubs, and individuals wishing to obtain any fee waiver to use municipal facilities shall confirm in writing as follows: I [name of organization, club, or person] the [title] of [name of organization or club], certify that I/my organization or club does not discriminate in its membership or policies based on race, color, national origin, religion, sex, 748 intersexuality, sexual orientation, gender identity, familial and marital status, age or disability. Sec. 62-91. Municipal funds. Municipal funding of organizations or clubs shall be regulated pursuant to this section. The purpose and intent of this section is to establish legislative and administrative polices for the award of municipal funds to organizations or clubs that do not discriminate in their membership or policies. All organizations or clubs wishing to obtain municipal funding shall confirm in writing as follows: I [name of organization or club] the [title] of [name of organization or club], certify that my organization/club does not discriminate in its membership or policies based on race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, familial and marital status, age or disability. * * * Sec. 62-112. Housing. * * * (c) Nothing contained in this article shall preclude the seller, developer, condominium association, lessor, property owner, or that person's authorized agent from setting forth reasonable rules, regulations, terms and conditions pertaining to the sale, lease or disposal of that person's property provided such rules, regulations, terms and conditions are not based on race, color, religion, sex, intersexuality, sexual orientation, gender identity, national origin, age, disability, familial status, or marital status and provided there is no conflict with the affirmative provisions set forth in this article. Furthermore, nothing in this article shall preclude reasonable rules, regulations, or terms and conditions pertaining to the safe and prudent use by minors of facilities and amenities provided in conjunction with real property. SECTION 2. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith are hereby repealed. 749 SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. Passed and adopted this __ day of ______ , 2013. This Ordinance shall take effect the _day of-----" 201 ATTEST: RAFAEL E. GRANADO, CITY CLERK Underline denotes additions. 8trikethfough denotes deletions. MAYOR MATTI HERRERA BOWER 750