1 STAFF REPORT
DATE: February 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Joseph McDougall, City Attorney
BY: Daniela I. Dykes, Deputy City Attorney
SUBJECT: Introduction of an Ordinance Amending S ubsection D and Repealing Subsection E of Burbank Municipal Code Section 3-3-523 Rules and Regulations for Public Dances; Posting
RECOMMENDATION
Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK
AMENDING SUBSECTION D AND REPEALING SUBSECTION E OF BURBANK MUNICIPAL CODE SECTION 3-3-523 RULES AND REGULATIONS FOR PUBLIC DANCES; POSTING.
BACKGROUND
On December 7, 2021, Councilmember Schultz requested a first step report on the repeal of Burbank Municipal Code (BMC) Section 3-3-523 (Rules and Regulations for Public Dances; Posting). This request is consistent with updating the Burbank Municipal Code to ensure that the Code’s provisions are consistent with federal and state laws.
BMC Section 3-3-523 was last revised on February 21, 1987, when it was renumbered by Ordinance Number 3058, but not otherwise substantively amended.
DISCUSSION
The 14th Amendment of the U.S. Constitution provides that all persons are afforded equal protections under the law. These protections extend to the freedoms of speech and expression (1 st Amendment). Subsequently passed legislation, specifically the federal Civil Rights Act of 1964 and the California Fair Employment and Housing Act ( FEHA) prohibit discrimination based on protected classifications, including a person’s gender identity and gender expression.
CITY ATTORNEY’S
OFFICE
2 Staff is foregoing the traditional two- step agenda process because this request is a necessary update to the BMC to make it consistent with affording equal protection of federal and state laws. T he City Attorney’s Office has analyzed B MC Section 3-3-523 (Rules and Regulations for Public Dances; Posting). BMC Section 3-3-523 establishes posting requirements for public dances, ti me restrictions to hold dances, lighting requirements, and restrictions on the types of: dancing, dance partners, language used, and beverages served. Subsection D prohibits anyone, not a professional entertainer, to be paid as a dance partner with a person of the opposite sex and sub section E only permits dancing between members of the opposite sex . As such, BMC Section 3-3-523 is inconsistent with affording equal protection of the laws based on sex (gender identity) and individuals’ expression – either in dance or gender identity.
It is the position of the City Attorney’s Office that sub section D of BMC Section 3-3-523 be amended to remove language that references the opposite sex and sub section E be repealed. In the event Council wishes a further analysis of this provision, departmental staff is apt to review the provision’s policies in its entirety.
FISCAL IMPACT
None.
CONCLUSION
To afford equal protection of the law to all persons, the City Attorney’s Office recommends the City Council consider removing language referencing the “opposite sex” in subsection D and repealing sub section E of B MC Section 3-3-523, as demonstrated in Attachment
2. The City Clerk’s Office is separately evaluating options to update the BMC to use gender neutral pronouns. The City Clerk will present available options at a subsequent City Council meeting.
ATTACHMENTS
Attachment 1 – Ordinance Amending S ubsection D and Repealing S ubsection E of Burbank Municipal Code Section 3-3-523
Attachment 2 – Ordinance Amending Subsection D and Repealing Subsection E of Burbank Municipal Code Section 3-3-523 (Redline)