POLICY DATABASE
Philadelphia, Penn., Code § 9-1106(1)(a) (current through Feb. 13, 2018)
Brief Summary
Establishes that segregating a breastfeeding mother or prohibiting her from being in any public accommodation she otherwise authorized to be is an unlawful public accommodations practice.
Legal Strategies
Expressly allows something.
Prohibits/discourages something.
Reach
Community-wide
Food System Category: Get
State: Pennsylvania
Jurisdiction Type: City
Jurisdiction Name: Philadelphia
Does the law refer to priority populations in some way?
Yes. Law addresses discrimination based on race, ethnicity, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, disability, marital status, familial status, or domestic or sexual violence victim status, and specifically protects breastfeeding women (among others). § 9-1106.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. Support for breastfeeding supports public health goals.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. Findings note that discrimination in public accomodations is "detrimental to the welfare and economic growth of the City." § 9-1101 (d).
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
Yes. There are various findings at Sec. 9-1101, including that "Discrimination in places of public accommodation causes embarrassment and inconvenience to citizens and visitors of the City, creates breaches of the peace, and is otherwise detrimental to the welfare and economic growth of the City. § 9-1101(d).
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Unclear. Although not labeled "intent" or "purpose," the chapter includes this statement "In order to assure that all persons regardless of race, ethnicity, color, sex (including pregnancy, childbirth, or a related medical condition), sexual orientation, gender identity, religion, national origin, ancestry, age, disability, marital status, source of income, familial status, genetic information and domestic or sexual violence victim status enjoy the full benefits of citizenship and are afforded equal opportunities for employment, housing and use of public accommodation facilities, it is necessary that appropriate legislation be enacted." (Sec. 9-1101(1)(e)).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 9-1102.
Does the law address implementation in some way?
No.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Section 9-1107. sets forth various remedies that the Commission may order, including, but not limited to injunctive or other equitable relief, including extending full, equal, unsegregated public accommodations, advantages and facilities; payment of compensatory and punitive damages; payment of reasonable attorneys' fees; and ayment of hearing costs as reimbursement for expenses incurred by the Commission.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Title 9 (Regulation of Businesses, Trades and Professions), Chapter 9-1100 (Fair Practices Ordinance: Protections Against Unlawful Discrimination), Section 9-1106 (Unlawful Public Accomodations Practices). Ordinances: Added, Bill No. 960849 (approved June 25, 1997).