03-26-12 Council Agenda & Packet

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Ordinance. If there is any doubt as to whether the City has the authority to create or amend an ordinance,the doubt is to be resolved in favor of the City having that authority. And even though a power is not expressly included in the statute does not mean that the City lacks that power. In sum, it is misleading to state that there is no federal or state law enabling the City to create and amend its Human Rights Ordinance. Indiana Code 36-1-3 is the enabling state law. The Indiana Code Horne Rule provision allows for the City to govern its own territory as it sees fit,with exceptions clearly stated. B. Indiana Code 22-9-1 (Civil_Rights Enforcement) states: IC 22-9-1-2 Public policy; construction of chapter Sec. 2. (a) It is the public policy of the state to provide all of its citizens equal opportunity for education, employment, access to public conveniences and accommodations, and acquisition through purchase or rental of real property, including but not limited to housing, and to eliminate segregation or separation based solely on race, religion,color, sex, disability, national origin or ancestry, since such segregation is an impediment to equal opportunity. Equal education and employment opportunities and equal access to and use of public accommodations and equal opportunity for acquisition of real property are hereby declared to be civil rights. Et sec. (b) The practice of denying these rights to properly qualified persons by reason of the race, religion, color, sex, disability,national origin, or ancestry of such person is contrary to the principles of freedom and equality of opportunity and is a burden to the objectives of the public policy of this state and shall be considered as discriminatory practices. The promotion of equal opportunity without regard to race, religion, color, sex, disability,national origin, or ancestry through reasonable methods is the purpose of this chapter. (c) It is also the public policy of this state to protect employers, labor organizations, employment agencies,property owners, real estate brokers, builders, and lending institutions from unfounded charges of discrimination. (d)It is hereby declared to be contrary to the public policy of the state and an unlawful practice for any person, for profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, religion, color, sex, disability, national origin, or ancestry. (e)The general assembly recognizes that on February 16, 1972, there are institutions of learning in Indiana presently and traditionally following the practice of limiting admission of students to males or to females. It is further recognized that it would be unreasonable to impose upon these 5