§ 11A-19. Unlawful public accommodations practices.

It shall be an unlawful practice for any person to engage in any of the following acts because of the race, color, religion, ancestry, national origin, age, sex, pregnancy, disability, marital status, familial status, gender identity, gender expression, sexual orientation, or actual or perceived status as a victim of domestic violence, dating violence or stalking, of any individual or of any person associated with that individual:

(1)

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

(2)

To publish, circulate, issue, display, post or mail any communication, notice or advertisement to the effect that accommodations, services, goods, advantages, facilities or privileges of a public accommodation shall be refused, withheld or denied to a person or that the patronage of such person is unwelcome, objectionable, or unacceptable; or

(3)

To fail to make reasonable accommodation for the disabled which includes:

(a)

The imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages or accommodations, unless such criteria can be shown to be necessary from the provision of the goods, services, facilities, privileges, advantages or accommodations being offered;

(b)

Failure to make reasonable modifications in policies, practices or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, service, facilities, privileges, advantages or accommodations;

(c)

Failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage or accommodation being offered or would result in an undue burden;

(d)

Failure to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift), where such removal is readily achievable; and

(e)

Where an entity can demonstrate that the removal of a barrier under clause (iv) is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages or accommodations available through alternative methods if such methods are readily achievable. The term "readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include:

(A)

The nature and cost of the action needed under this chapter;

(B)

The overall financial resources of the facility or facilities involved in the action; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility;

(C)

The overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type and location of its facilities; and

(D)

The type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity.

(f)

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 tenant shall be responsible for readily achievable changes, provision of auxiliary aids, and modification of policies within its own place of public accommodation. The responsibility for particular obligations may be determined by contract.

(4)

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

(5)

To fail or refuse to prominently display a sign, decal or sticker, as described above; or

(6)

To fail to ensure the telephone number indicated on the sign, decal or sticker is operational and answered by an employee of the gas station retailer during hours the gas station retailer is open for business to the public; or

(7)

To fail to provide refueling assistance to any motor vehicle properly displaying an exemption parking permit as provided in Section 316.1958 or 320.0848, Florida Statutes, as may be amended, or a license plate issued pursuant to Section 320.084, 320.0842, 320.0843 or 320.0845, Florida Statutes, as may be amended, when the person to whom such permit has been issued is the operator of the vehicle and such service is requested during the hours the gas station retailer is open to the public unless there is only one attendant on duty at the time of the request; or

(8)

Failure of a Respondent alleged to have violated this Section 11A-19(5), (6) or (7), and who fails to abide by any provision of a Conciliation Agreement entered into by such Respondent. If Respondent fails to abide by more than one provision of a Conciliation Agreement, each such failure shall be a separate violation of this section.

(Ord. No. 97-17, § 1, 2-25-97; Ord. No. 98-170, § 1, 12-1-98; Ord. No. 12-48, § 1, 7-3-12; Ord. No. 14-118, § 3, 12-2-14; Ord. No. 14-113, § 5, 11-5-14)