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ORDINANCE NO, 66 SERIES 1963
AN ORDINANCE DEFINING DISCRIMINATORY
PRACTICES IN PLACES OF PUBLIC ACCOM-
ODATION; PROHIBITING THE SAME; AND
PROVIDING PENALTIES FOR THE VIOLATION
THEREOF.
WHEREAS, each member of the Board of Aldermen recognizes
that the government of the City of Louisville was organized to protect and pro-
mote the health, safety, and welfare of all persons in the City of Louisville,
including minority groups; and
WHEREAS, each alderman is cognizant of his duty to protect and
foster the welfare of persons residing in his ward and to prevent, insofar as
possible, any discrimination in places of public accomodation on account of
a person't race, color, religious beliefs, ancestry or national origin; and
WHEREAS, in order to insure that there be no discriminatory
practices in places of public accomodation on account of race, color, religious
beliefs, ancestry or national origin
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF LOUISVILLE:
Section One. It is hereby declared to be the policy of the City of
Louisville in the exercise of its licensing and police powers for the preservation
of the peace and the protection of the comfort, health, welfare and safety of
persons in the City of Louisville and to prohibit discriminatory practices in
places of public accomodation as hereinafter defined.
Section Two. When used herein:
(a) The term "person" includes one or more individuals, partner-
ships, associations, corporations, legal representatives, or other groups of
persons.
(b) The term "Commission" means the City of Louisville Human
Relations Commission as established by Ordinance No. 33 of the 1962 Ordinances
of the City of Louisville; and the term "Anti-Discrimination Division'' means a
Board, any three members of which shall constitute a quorum, consisting of
five (5) members of the City of Louisville Human Relations Commission, said
five members to be designated by the Mayor of the City of Louisville.
(c) The phrase "Place of public accomodation" means any place
of business offering or holding out to the general public services or facilities
for the peace, comfort, health, welfare or safety of such general public in-
cluding, public places providing focd, shelter, recreation, entertainment or
amusement.
Section Three, Discriminatory practices, as hereinafter defined,
in places of public accomodation are hereby prohibited and declared unlawful.
(a) It shall be a discriminatory practice for the owner, lessee,
manager, propritor, concessionaire, custodian, agent or employee of a place
of public accomodation within the City of Louisville to deny, to accord or to
treat differently any person in the service or sale of any privilege, facility
or commodity on account of his race, color, religious beliefs, ancestry or
national origin, or to segregate or require the placing of any person in any
separate section or area of the premises or facilities, of such place of public
accomodation, or to deny, refuse or withhold from any person, on account of
his race, color, religious beliefs, ancestry or national origin, full and equal
accomodation advantages, facilities and privileges in any place of public ac-
comodation.
(b) It shall be a discriminatory practice to place, post, main-
tain, display, or circulate, or knowingly cause, permit or allow the placing,
posting, maintenance, display or circulatfon of any written or printed adver-
tisement, notice or sign of any kind of description to the effect that any of the
accomodations, advantages, facilities, or privileges of any place of public
accomodation will or may be refused, withheld from or denied to any person
on account of his race, color religious beliefs, ancestry or national origin,
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or that the patronage of any person is unwelcome, objectionable, or
not acceptable, desired or solicited on account of his race, color,
religious beliefs, ancestry or national origin, or that any person
is required or requested to use any separate section or area of the
premises or facilities on account of his race, color, religious
beliefs, ancestry or national origin.
Section Four. The administration of this Ordinance shall
be the responsibility of the City of Louisville Human Relations
Commission. The Anti-Discrimination Division shall have full
operating responsibility under the supervision of the Commission
for carrying out the provisions of this Ordinance. In addition to
any powers or duties heretofore conferred on said Commission it
shall have the power and duty to:
(a) Receive, investigate and seek to adjust complaints
of discriminatory practices prohibited by this Ordinance and to
initiate such complaints itself.
(b) By itself or through its Anti-Discrimination Division,
to hold public or private hearings, administer oaths, and take the
testimony of any person under oath relating to any matter under
investigation or in question. If a person, against whom a complaint
of discriminatory practice is made, shall be notified to attend any
hearing, public or private, before the Commission or the Anti-
Discrimination Division and he shall fail to attend such hearing,
the Commission or the Anti-Discrimination Division, as the case may
be, may proceed to hold such hearing and make a determination in
such persons absence.
Section Five.
(a) Any person claiming to be aggrieved by a discrimina-
tory practice prohibited by this Ordinance may make,. sign and file
with the City of Louisville Human Relations Commission a complaint
in writing under oath, which shall state the name and address of the
public accomodation alleged to have committed the discriminatory
practice and which shall set forth the particulars thereof and
contain such other information as may be required under rules es-
tablished by the Commission. Such complaints shall be filed within
thirty (30) days after the alleged discriminatory practice is commit-
ted. The Commission, if it has reason to believe that any person
has engaged in a discriminatpfy practice prohibited by this Ordinance,
may adopt a resolution to that effect, which resolution shall nye
the legal effect and status of a complaint filed with the Commission
on the date such resolution is adopted.
(b) Upon receipt of a complaint, the staff of the Com-
mission shall promptly conduct a preliminary investigation. Upon
the completion of such investigation, the complaint together with
the results of the investigation shall be referred to the Anti-
Discrimination Division, If the Anti-Discrimination Division deter-
mines from such investigation that a discriminatory practice has
been committed, that Division shall attempt an adjustment by means
of conference and negotiations. A ten (10) day period after the
filing of the complaint with the Commission shall be allowed for
this purpose, If the Anti-Discrimination Division determines that a
discriminatory practice has not been committed, then it shall enter
an order dismissing the complaint and shall promptly send copies
thereof to the complainant and to the person complained against
(hereinafter referred to as the respondent) of its action. The
Anti-Discrimination Division shall report to the Commission at each
of its monthly meetings the disposition of all complaints referred
to it.
(c) In case of failure of conference or negotiations to
obtain compliance with this Ordinance, the Anti-Discrimination
Division, no later than twenty (20) days after the complaint has
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been referred to it, shall (unless the complaint has been dismissed
as aforesaid) either certify the entire case to the Director of Law
for prosecution, or cause to be issued and served in the name of
the Commission a written notice, together with a copy of such com-
plaint, requiring the respondent to answer the charges of such com-
plaint at a hearing before the Anti-Discrimination Division at a
time and place to be specified in such notice. The notice of hear-
ing shall be served upon the respondent no later than twenty (20)
days after the complaint has been referred to the Anti-Discrimina-
tion Division, The place of such hearing may he the office of the
Commission or another place designated by it. The case in support
of the complaint shall be presented at the hearing by a member of
the Department of Law of the City of Louisville who shall be counsel
for the City of Louisville Human Relations Commission. Any endeavors
or negotiations for counciliation, or admission or statement made in
connection therewith shall not be received in evidence, The res-
pondent may file a written answer to the complaint and appear at
such hearing in person or @therwise, with or without counsel, and
submit testimony and be fully heard. The Anti-Discrimination
Division conducting any hearing may permit reasonable amendments
to any complaint or answer. The testimony taken at such hearing
shall be under oath and be transcribed at the request of either party
or by direction of the Anti-Discrimination Division. If, upon all
the evidence, the Anti-Discrimination Division finds that a res-
pondent has engaged in any discriminatory practice as defined in
Section Three (3), it shall state in writing its findings of fact
and conclusions of law and shall issue and file with the Commission
and cause to be served on the complainant and the respondent an
order requiring such respondent to cease and desist from such dis-
criminatory practice or practices, and/or requiring such affirmative
action as it shall deem necessary to remedy the violation and to
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prevent its continuation or reoccurrence. If, upon all the evidence,
the Anti-Discrimination Division finds that the respondent has not
engaged in any alleged discriminatory practice, it shall state its
findings of fact and conclusions of law and shall similarly issue
and file an order dismissing the complaint and cause copies thereof
to be served upon the complainant, and the respondent. The Com-
mission may establish rules of procedure to govern, expedite and
effectuate the procedures of Section Five of this Ordinance.
(d) If either the complainant or the respondent is not
satisfied with the determination of the Anti-Discrimination Division,
he shali have the right to appeal such determination to the Commis-
sion with in ten (10) days after the date of entry of the order of
said Division. No member of the Anti-Discrimination Division may
participate in determination of an appeal, All decisions of the
Commission on such appeals shall be by a majority vote. A quorum,
for determination of appeals, shall consist of six (6) members.
On appeal the Commission may affirm, modify or set aside the Anti-
Discrimination Division's order or make such other appropriate order
as shall effectuate the purposes of this Ordinance.
(e) In the event that the Anti-Discrimination Division
shall have entered an order against the respondent from which no
timely appeal is taken, and in those cases where such an order is
entered by the Commission after appeal, the Commission shall, in cases
of non-compliance therewith, certify the entire case to the Director
of Law for prosecution. No prosecution shall be brought under this
Ordinance except upon such certification or upon certification to the
Director of Law pursuant to Section Five (c) hereof. After certifi-
cation, the Director of Law shall prosecute the offender for viola-
tion of this Ordinance.
(f) All complaints, answers, investigations, confer-
ences and hearings held under and pursuant to this Ordinance shall
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be held confidential by the Commission, the Anti-Discrimination Division
and their agents and employees. The Commission or the Anti-Discrimination
Division at the request of thé complainant, or the respondent, or on its
own initiative, shall declare the hearing provided for under Section Five (c)
this ordijnance to be a closed hearing. If no request is received from
either the complainant or the respondent by the Commission or the Anti-
Discrimination Division requesting a closed hearing, the hearing provided
for under Section Five (c) may be an open and public hearing. Provided, how-
ever, that the complaint and the transcript of any hearing held under Section
Five (c) of this Ordinance are declared to be public records.
Section Six. Subject to the certification required by Section
Five (e), any persons violating any of the provisions of this Ordinance
shall be guilty of a misdemeanor and shall be subject to a fine of not more
than One Hundred Doliars ($100, 00) for each offense.
Section Seven. Three or more convictions of any person for
violation of Section Three of this Ordinance shall, if the Commission finds
(after due notice and an opportunity to be heard) that the respondent is a
continual offender, be deemed to constitute a public nuisance and a
contumacious interference with the spirit and purpose of this Ordinance.
In the event of such occurrence, the Commission shall be empowered to refer _
the matter to the Director of Law who shall thereupon apply for appropriate
injunctive relief.
Section Eight. In computing time or periods of time, in this
Ordinance, Sundays and legal holidays shall be excluded,
Section Nine, All notices required to be sent to the complainant,
respondent or any persons by any provision of this Ordinance shall be sent
by certified United States Mail with a return receipt requested.
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