HomeMy WebLinkAboutA022 - Discussion on Municipal Code Chapter 14, Human Relations regarding civil rights protection for gender identityTo:Mayor and City Council
From:Mark O. Lambert, City Attorney
Date:December 9, 2025
Subject:Discussion on Municipal Code Chapter 14, Human Relations
regarding civil rights protection for gender identity
Item No. 23
MEMO
BACKGROUND:
At the November 18, 2025, joint meeting of the Ames City Council and the Ames
Human Rights Commission, State Senator Herman Quirmbach asked the Council
to consider adopting an ordinance providing civil rights protection for gender
identity in employment, housing, and public accommodations in Ames. The
Council directed that the matter be placed on a future agenda.
In 2007, the Iowa Legislature added “sexual orientation” and “gender identity” as
protected classes under the Iowa Civil Rights Act. Earlier this year, the Iowa
Legislature removed “gender identity” as a protected class under the law.
The first question is whether the Council has the authority to enact a civil
rights ordinance establishing gender identity as a protected class. The
answer to that question is “yes.”
The Iowa Civil Rights Act, Chapter 216 of the Iowa Code, specifically establishes
that local governments can enact local ordinances protecting civil rights, and that
such ordinances may include broader protections than state law, as long as such
local ordinance doesn’t conflict with state law. The law specifically states that the
Legislature is not “occupying the field” on this topic, and that a local government
can adopt an ordinance giving broader civil rights protection than the state law.
Here is the Iowa relevant Iowa Code section, with italicized emphasis
added:
216.19 Local laws implementing chapter.
1. All cities shall, to the extent possible, protect the rights of the citizens of this
state secured by the Iowa civil rights Act. Nothing in this chapter shall be
construed as indicating any of the following:
a. An intent on the part of the general assembly to occupy the field in
City Clerk's Office 515.239.5105 main
515.239.5142 fax
515 Clark Ave. P.O. Box 811
Ames, IA 50010
www.CityofAmes.org
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which this chapter operates to the exclusion of local laws not
inconsistent with this chapter that deal with the same subject matter.
b. An intent to prohibit an agency or commission of local government
having as its purpose the investigation and resolution of violations of
this chapter from developing procedures and remedies necessary to
insure the protection of rights secured by this chapter.
c. Limiting a city or local government from enacting any ordinance or
other law which prohibits broader or different categories of unfair or
discriminatory practices.
As an example, Iowa City has an ordinance that prohibits discrimination on the
basis of gender identity (along with other defined classes of individuals).
One question the Council must consider is how would such an ordinance be
enforced? Our current Human Relations ordinance (Chapter 14) does not include
enforcement language, and states that we refer complaints about discrimination
to the Iowa Civil Rights Commission (ICRC – now a part of the Iowa Office of
Civil Rights). As gender identity is no longer a protected class under the Iowa
Civil Rights Act, any complaint received alleging discrimination on that basis
would not be able to be investigated by ICRC.
Iowa City has a staff person whose job is to investigate and process civil rights
complaints under its ordinance. The Iowa City ordinance contains no specific
penalty, so apparently default municipal infraction penalties would apply. If the
City of Ames were to adopt such an ordinance, the Council should
consider establishing violations as a municipal infraction and setting a civil
penalty level. Unless a higher penalty amount is specifically adopted, t he default
penalties for a municipal infraction in Ames are $30 for a first offense, $100 for
first repeat offense, and $200 for subsequent repeat offenses. (Section 1.9,
Ames Municipal Code). Iowa Code allows cities to establish civil penalties for
municipal infractions at not more than $750 for a first offense, and not more than
$1,000 for a repeat offense.
Please be aware that, upon determining that a violation has occurred, a
municipal infraction would have to be filed and prosecuted in court.
NEXT STEPS:
In summary, the Council first has to decide whether or not to direct staff to
proceed with drafting an ordinance for consideration. If so, the Council should
decide in advance how to enforce the ordinance, including:
1. Who would investigate allegations of discrimination
2. What level the civil penalty should be.
ATTACHMENT(S):
Iowa City Human Rights ordinance.pdf
City Clerk's Office 515.239.5105 main
515.239.5142 fax
515 Clark Ave. P.O. Box 811
Ames, IA 50010
www.CityofAmes.org
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chapter-14-human-relations-2024-2-supplement.pdf
City Clerk's Office 515.239.5105 main
515.239.5142 fax
515 Clark Ave. P.O. Box 811
Ames, IA 50010
www.CityofAmes.org
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CHAPTER 14 – Page 1
CHAPTER 14
HUMAN RELATIONS
Sec. 14.1. PURPOSE OF CHAPTER.
The purpose of this chapter is to implement the provisions of the Iowa Civil Rights Act and to further
provide for the general welfare of persons in the City of Ames, Iowa, by establishing a to undertake projects of
education to prevent discrimination and to effect cooperative undertakings with the Iowa Civil Rights Commission
and to aid in effectuating the purposes of the Iowa Civil Rights Act.
[State Law Ref. Iowa Code Sec. 216.1] (Ord. 3123, 3-26-91; Ord. 3377, 3-5-96; Ord. No. 4385, 5-14-19)
Sec. 14.2. DEFINITIONS.
When used in this chapter, unless the context otherwise requires:
(1) "Commission" means the Ames Human Relations Commission created by this chapter.
(2) "Commissioner" means a member of the commission.
(3) "Disability" means the physical or mental condition of a person which constitutes a substantial
disability, and the condition of a person with a positive human immunodeficiency virus test result, a diagnosis of ac-
quired immune deficiency syndrome, a diagnosis of acquired immune deficiency syndrome-related complex, or any
other condition related to acquired immune deficiency syndrome. The inclusion of a condition related to a positive
human immunodeficiency virus test result in the meaning of "disability" under the provisions of this chapter does
not preclude the application of the provisions of this chapter to conditions resulting from other contagious or
infectious diseases.
[State Law ref. Iowa Code Sec. 216]
(4) “Gender Identity” means a gender-related identity of a person regardless of the person’s assigned
sex at birth.
(5) "Public accommodation" means each and every place, establishment, or facility of whatever kind,
nature, or class that caters or offers services, facilities, or goods for a fee or charge to nonmembers of any organiza-
tion or association utilizing the place, establishment, or facility, provided that any place, establishment, or facility
that caters or offers services, facilities, or goods to the nonmembers gratuitously shall be deemed a public
accommodation if the accommodation receives governmental support or subsidy. Public accommodation shall not
mean any bona fide private club or other place, establishment, or facility which is by its nature distinctly private,
except when such distinctly private place, establishment, or facility caters or offers services, facilities, or goods to
the nonmembers for fee or charge or gratuitously, it shall be deemed a public accommodation during such period.
"Public accommodation" includes each state and local government unit or tax-supported district of
whatever kind, nature, or class that offers services, facilities, benefits, grants or goods to the public, gratuitously or
otherwise. This paragraph shall not be construed by negative implication or otherwise to restrict any part or portion
of the pre-existing definition of the term "public accommodation".
(Ord. No. 2912, 12-18-84; Ord. No. 4385, 5-14-19)
(6) "Unfair practice" or "discriminatory practice" means those practices specified as unfair or
discriminatory in this chapter.
(Ord. 3123, 3-26-91; Ord. No. 4385, 5-14-19)
(7) "Sexual Orientation" means actual or perceived heterosexuality, homosexuality, or bisexuality.
"Sexual orientation" does not include participation in acts which are prohibited by law.
(Ord. 3128, 5-28-91; Ord. 3377, 3-5-96 Ord. No. 4385; Ord. No. 4385, 5-14-19)
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CHAPTER 14 – Page 2
Sec. 14.3. COMMISSION APPOINTED.
(1) Commission Appointed. The Ames Human Relations Commission shall consist of seven (7)
members appointed by the Mayor with the approval of the City Council. Appointments shall take into consideration
the various racial, religious, cultural and social groups and geographical areas within the City of Ames in so far as
may be practicable. The term of office shall be three (3) years and shall begin April 1 of the fiscal year of
appointment, except that the Mayor may prescribe a shorter term for any appointment or reappointment in order to
stagger terms. Six (6) of the members shall serve 3-year terms, and one (1) of the members shall serve a special 1-
year term. Vacancies shall be filled for any unexpired term in the same manner as original appointments. Any
member or all members of the Commission may be removed from office at any time by the Mayor with the approval
of the City Council, for good cause. No member who has served two (2) full consecutive terms is eligible for
reappointment. The Commission shall elect one of their members to be chairperson, and develop their own rules of
procedure, not inconsistent with this chapter.
(Ord. No. 3820, 3-08-05; Ord. No. 3943, 2-19-08; Ord. No. 4129, 11-13-12; Ord. No. 4385, 5-14-19)
[State Law Ref. Iowa Code Sec. 216.3] (Ord. 3377, 3-5-96; Ord. No. 3943, 2-19-08; Ord. No. 4520, 02-27-24)
Sec. 14.4. COMPENSATION AND EXPENSES.
The members of the Commission shall serve without salary, wages or other compensation provided that
they may receive reimbursement for actual and necessary expenses incurred as allowed by the City Council pursuant
to such procedures and policies for the reimbursement of expenses as shall be established by the City of Ames from
time to time.
[State Law Ref. Iowa Code Sec. 216.4] (Ord. 3377, 3-5-96; Ord. No. 4385, 5-14-19)
Sec. 14.5. POWERS AND DUTIES.
The Commission shall have the following powers and duties:
(1) To investigate and study the existence, character, causes, and extent of discrimination in public
accommodations, employment, apprenticeship programs, on-the-job training programs, vocational schools, credit
practices, and housing in this city and to attempt the elimination of such discrimination by education.
(2) To issue such publications and reports of investigations and research as in the judgment of the
commission shall tend to promote good will among the various racial, religious, and ethnic groups of the City and
which shall tend to minimize or eliminate discrimination in public accommodations, employment, apprenticeship
and on-the-job training programs, vocational schools, career and technical programs, or housing because of race,
creed, color, sex, national origin, religion, ancestry, disability, sexual orientation or gender identity.
(Ord. 3128, 5-28-91; Ord. No. 4385, 5-14-19)
(3) To prepare and transmit to the Mayor and City Council from time to time, but not less often than
once each year, reports describing its proceedings, and the other work performed by the commission.
(4) To make recommendations to the Mayor and City Council for such further legislation concerning
discrimination because of race, creed, color, sex, national origin, religion, ancestry, disability, sexual orientation or
gender identity as it may deem necessary and desirable.
(Ord. 3128, 5-28-91; Ord. No. 4385, 5-14-19)
(5) To cooperate, within the limits of any appropriations made for its operations, with other agencies
or organizations, both public and private, whose purposes are consistent with those of this chapter, and on the
planning and conducting of programs designed to eliminate racial, religious, cultural, and intergroup tensions.
(6) To adopt, publish, amend, and rescind regulations consistent with and necessary for the
enforcement of this chapter.
(7) To receive, administer, dispense and account for any funds that may be voluntarily contributed to
the commission and any grants that may be awarded the commission for furthering the purposes of this chapter with
the approval of the City Council.
(8) To refer a complaint to the Iowa Civil Rights Commission under commission rules.
[State Law Ref. Iowa Code Sec. 216.5] (Ord. 3377, 3-5-96; Ord. No. 4385, 5-14-19).
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