Chapter 8.53
PROHIBITING DISCRIMINATORY REPORTS TO LAW ENFORCEMENT
Sections:
8.53.010 Discriminatory reports to law enforcement prohibited.
8.53.020 Private cause of action.
8.53.030 Penalties for violation.
8.53.060 No conflict with Federal or State law.
8.53.070 No creation of a duty on the part of the County.
8.53.010 Discriminatory reports to law enforcement prohibited.
It is unlawful to knowingly cause a peace officer to arrive at a location to contact a person with the specific intent to do any of the following on the basis of the person’s actual or perceived race, color, ancestry, ethnicity, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, weight, or height:
(A) Discriminate against the person;
(B) Cause the person to feel harassed, humiliated, or embarrassed;
(C) Cause the person to be expelled from a place in which the person is lawfully located;
(D) Damage the person’s reputation or standing within the community; or
(E) Damage the person’s financial, economic, consumer, or business prospects or interests. [Ord. 5381 § 1, 2021].
8.53.020 Private cause of action.
Any aggrieved person may enforce the provisions of this chapter by means of a private civil action. [Ord. 5381 § 1, 2021].
8.53.030 Penalties for violation.
A person found by a court to have violated SCCC 8.53.010 shall be liable to the aggrieved person for civil penalties in the amount of $1,000 plus attorneys’ fees and the costs of the action. In addition, punitive damages may be awarded in a proper case. [Ord. 5381 § 1, 2021].
8.53.040 Other remedies.
Nothing in this chapter shall preclude any person from seeking any other remedies, penalties, or procedures provided by law to address the conduct prohibited under this chapter. [Ord. 5381 § 1, 2021].
8.53.050 Severability.
If any word, phrase, sentence, part, section, subsection, or other portion of this chapter, or any application thereof to any person or circumstance, is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The County of Santa Cruz hereby declares that it would have adopted this chapter, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases had been declared invalid or unconstitutional. [Ord. 5381 § 1, 2021].
8.53.060 No conflict with Federal or State law.
Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any Federal or State law. [Ord. 5381 § 1, 2021].
8.53.070 No creation of a duty on the part of the County.
In enacting this chapter, the County is undertaking to promote the general welfare through creation of a private cause of action for violation of proscribed conduct. It is not creating an obligation or duty on the part of its officers or employees to take action to remedy asserted violations of this chapter. [Ord. 5381 § 1, 2021].