The ordinance echoes parts of
state law in that it disallows discrimination in provision of services or
accommodations, hiring and applying personnel practices to hired employees, and
renting and selling of real estate on the basis of race, color, sex,
disability, age, ancestry, national origin, sexual orientation, gender
identity, or political or religious affiliations – but with sexual orientation
and gender identity added as they appear nowhere under state law. It exempts businesses
with fewer than eight employees, landlords of fewer than five units, and
religious organizations.
Immediately striking is the
intellectually slipshod way in which the protected classes are amalgamated.
Most of the list concerns immutable factors about human beings – your DNA makes
you of a certain race and sex and disability, your circumstances and life
history determine your disability, origin, ancestry, and age – but also
includes four behavioral attributes. While discrimination prohibition against
what people are is of a grave concern to government, because they are what they
are and there has to be an extraordinarily compelling reason to treat people
different on that basis, in allowing government to specify acceptable attitudes
and behavior in treating people differently on the basis of attitudes and
expression of them through behavior invites tyranny and must have a high
standard of proof to allow for it.