13.30.090 Health and safety exception--Affirmative defenses.
A. The affirmative defenses described herein shall be applicable to Sections 13.30.050 through 13.30.080 inclusive of this chapter. In any action brought under Sections 13.30.050 through 13.30.080 of this chapter, if a party asserts that an otherwise unlawful discriminatory practice is justified as necessary to protect the health or safety of a person who has AIDS or associated conditions or the health and safety of the general public, that party may establish a defense by proving:
1. That the discriminatory act is necessary to avoid an imminent and substantial risk to the person who has AIDS or associated conditions; or
2. That the discriminatory act is necessary to avoid a danger to others significantly greater than that posed by persons without AIDS as defined in Section 13.30.030A above; and
3. That there exists no less discriminatory means of protecting health and safety.
B. Nothing in this chapter shall be construed to prohibit any act which is specifically authorized by the laws or regulations of the state of California or the United States Government. (Ord. 5712-NS § 9, 1986)