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Penalty Section Of Anti-Bias Proposal

Here’s the criminal portion of the proposed Coeur d’Alene antidiscrimination ordinance , recommended for approval by the General Services Committee:

9.56.060: PENALTY:

  • A. A violation of this Chapter is a misdemeanor, punishable as provided in Municipal Code Chapter 1.28.
  • B. A prosecutor may reduce the violation to an infraction, payable by a $100 fine, if the  defendant engages in corrective actions, which may include, but are not limited to the following: sensitivity training for the defendant and/or the defendant’s employees; the defendant’s agreement to adopt and pursue a policy of nondiscrimination in its practices; and the defendant’s agreement to not engage in discriminatory practices in the future. The charge shall be filed as a misdemeanor violation and may only be reduced upon motion of the prosecutor. There shall be no right to a trial by jury for an infraction citation or complaint.
  • C. Any person who falsely reports a violation of this chapter is guilty of a misdemeanor.

9.56.070: PRIVATE RIGHT OF ACTION: There is no private right of action that is created by this Chapter or money damages available to any person based on this Chapter.

Question: I’m still not clear on the penalty re: a misdemeanor, if someone refuses to take corrective actions? Any attorneys out there?

* This story was originally published as a post from the blog "Huckleberries Online." Read all stories from this blog