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A. Unlawful Practices. It shall be an unlawful practice for any person to deny any person the full and equal enjoyment of, or to impose different terms and conditions on the availability of any of the following:

1. Use of any City of Berkeley facility or City of Berkeley service on the basis, in whole or in part, that a person has AIDS or associated conditions;

2. Any service, program or facility, wholly or partially funded or otherwise supported by the City of Berkeley, as a result of the fact, in whole or in part, that a person has AIDS or associated conditions.

B. Affirmative Defense. The health and safety exception set forth in Section 13.30.090 of this chapter shall constitute an affirmative defense in any action brought under this section. (Ord. 5712-NS § 7, 1986)