New Orleans City Code § 86-33 Unlawful practices; public accommodations.
Sec. 86-33. - Unlawful practices; public accommodations.
(a) It shall be an unlawful discriminatory practice and a misdemeanor for any public accommodation, resort, or amusement, or for any person who is the owner, lessee, proprietor, manager, superintendent, employee, officer or agent thereof:
(1) To discriminate against any person, either directly or indirectly, by refusing, withholding or denying to such person any of the goods, services, accommodations, advantages, facilities or privileges offered by the public accommodation, resort or amusement, by:
a. Placing or attempting to place any person in a separate class of customers, patrons, members, guests or users or in a separate section or area of the premises or facilities of the public accommodation, resort or amusement because of race, creed, national origin or ancestry, color, religion, gender or sex, sexual orientation, gender identification, marital status, age, physical condition or disability.
b. Setting different rates, charges, identification procedures or requirements therefor, on the basis of race, creed, national origin or ancestry, color, religion, gender or sex, sexual orientation, gender identification, marital status, age, physical condition or disability; provided that nothing contained in this section shall prohibit the provision of separate bathroom, restroom, shower or similar facilities for males and females.
(2) To publish, circulate, issue, display, post or mail either directly or indirectly any written, oral, visual, or electronic computer based communication, notice or advertisement to the effect that any of the services, accommodations, advantages, facilities or privileges of any public accommodation, resort or amusement will be refused, withheld, or denied to any person on account of race, creed, national origin or ancestry, color, religion, gender or sex, sexual orientation, gender identification, marital status, age, physical condition or disability, or that the patronage of any person of a particular race, creed, national origin or ancestry, color, religion, gender or sex, sexual orientation, gender identification, marital status, age, physical condition or disability, is unwelcome, objectionable or not acceptable, desired or solicited, or that any person is required or requested to use a separate section or area of the premises or facilities of the public accommodations, resort or amusement, because of race, creed, national origin or ancestry, color, religion, gender or sex, sexual orientation, gender identification, marital status, age, physical condition or disability.
(b) The provisions of this section shall not prohibit the placement of persons in a separate restroom, bath, locker, room, shower, physical or medical examination or treatment facility, dressing area, or dormitory or sleeping room used by more than one party of persons at a time, if such placement is reasonable and based on the person's sex or sexual orientation or gender identification. The provisions of this section shall not apply, with respect to sex, sexual orientation, gender identification, physical condition, or disability, to places of public accommodation, resort or amusement where the council or the commission grants an exemption based on bona fide considerations of public policy. Any place of accommodation which is required as a result of this section to construct or reconstruct a locker room, shower, or other facilities for the use of members of a particular sex or similar group or for the use of the mobility impaired shall be allowed until the first anniversary of the effective date of the ordinance from which this article was derived, to complete such work, and prior to such date shall not be found to be in violation of the provisions of this section which apply to such facilities with regard to discrimination on account of sex or a mobility-impairment disability. The director, for good cause shown, may grant an extension not to exceed an additional 90 days after the date allowed such place of accommodation to complete such work.
(c) Nothing contained in this section shall be construed to bar any religious or denominational institution or organization or any organization, operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, from limiting employment or sales or rental of housing accommodations or admission to or giving preference to persons of the same religion or denomination or from making such selection as is calculated by such organization to promote the religious principles for which it is established or maintained.
(d) No act or practice shall be construed as an unlawful discriminatory practice under this article if that act or practice is expressly authorized by valid and preemptive state or federal law. Nothing in this article shall be construed as requiring or as authorizing a public accommodation to require a person with a particular physical condition or disability to accept any special facilities or treatment offered as a special accommodation for persons with such a condition or disability if such person declines to accept such special accommodation. It shall be an unlawful discriminatory practice for any person to refuse, withhold, or deny any service, accommodation, advantage, facility, or privilege offered or available to other customers, patrons, or users of a public accommodation because the person with the particular physical condition or disability had declined to accept such a special accommodation; provided, however, that a person with a mobility impairment that requires the use of a wheelchair or similar device may be required to accept a special accommodation if refusal to do so would necessarily result in a violation of fire code or similar public safety regulations.
(M.C.S., Ord. No. 19,278, § 1, 6-17-99)