§ 94-68. Unlawful discrimination.

(a)

Except as is exempted in subsection (b) of this section, it shall be unlawful for any person, whether acting for himself/herself or another, being the owner, lessee, proprietor, manager, superintendent, agent or employee of a public accommodation, to engage in or cause another to engage in any of the following prohibited acts, or to allow a subordinate employee of the public accommodation to engage in any of the following prohibited acts, in any public accommodation in the legal limits of the City of Atlanta:

(1)

Denial, refusal, rejection, or granting or any privilege, service, goods, merchandise, advantage, facility, membership, commodity or accommodation because of an individual's, or the perception of an individual's, race, color, creed, religion, sex, domestic relationship status, parental status, sexual orientation, national origin, gender identity, age, disability, or the use of a service animal.

(2)

Segregation of an individual, or requiring the placement of an individual in any separate group or subgroup of a club, institution or organization, or any separate section or area or time of usage of the premises or facilities of the public accommodation because of the individual's, or the perception of an individual's, race, color, creed, religion, sex, domestic relationship status, parental status, sexual orientation, national origin, gender identity, age, disability, or the use of a service animal.

(3)

Publication, circulation, issuance, display, posting, placing, mailing, and/or maintenance of any written or printed communication, notice or advertisement or sign to the effect that any of the privileges, services, goods, merchandise, advantages, facilities, membership, commodities or accommodations of any public accommodation shall or may be refused, withheld from or denied any individual because of that individual's race, color, creed, religion, sex, domestic relationship status, parental status, sexual orientation, national origin, gender identity, age, disability, or the use of a service animal.

(4)

Publication, circulation, issuance, display, posting, placing, mailing, and/or maintenance of any written or printed communication, notice or advertisement or sign to the effect that the patronage or membership by any individual belonging to or purporting to be of any particular race, color, creed, religion, sex, domestic relationship status, parental status, sexual orientation, national origin, gender identity, age, or disability status is unwelcome, objectionable or not acceptable, desired or solicited.

(5)

Engaging in a prohibited act as defined in subsections (a)(1)—(4) against an individual or entity on the basis of the race, color, creed, religion, sex, domestic relationship status, parental status, sexual orientation, national origin, gender identity, age, or disability of an individual with whom the discriminated-against individual or entity has a known relationship.

(b)

Exemptions: Nothing in this section shall:

(1)

Require any club, institution or membership organization to take action in violation of the associational rights granted by the Constitutions of the United States and the State of Georgia.

(2)

Be construed to prevent children's clubs, institutions or membership organizations from restricting non-commercial accommodations, advantages, facilities, membership, and privileges to persons of the same sex, if such sex restriction is fundamental to the nature or purpose of the club, institution, or membership organization.

(3)

Be construed to prohibit a religious organization, association or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting its non-commercial accommodations, advantages, facilities, membership, and privileges to persons of the same religion.

(4)

Be construed to prohibit treating disabled persons more favorably than non-disabled persons or to prohibit treating senior citizens more favorably than non-senior citizens.

(5)

Be construed to prohibit offering discounts, special prices, or other special arrangements to children or families.

(6)

Be construed to prohibit imposing age limits up to 21.

(Code 1977, § 5-9003; Ord. No. 2000-79, § 1, 12-12-00; Ord. No. 2016-47(16-O-1617) , § 2, 12-14-16)