§ 9.40.020. Findings.

The City Council finds and declares that:

A.

The medical condition described as Acquired Immune Deficiency Syndrome and commonly known as AIDS is a life-threatening disease which has the potential to affect every segment of our city's population.

B.

AIDS was first recognized by the Federal Centers for Disease Control in 1981 based on a study report by the UCLA Medical Center.

C.

It is the opinion of the scientific and medical community that AIDS is caused by a virus, variously known as human T-lymphotropic virus type III (HTLV-III) or lymphadenopathy-associated virus (LAV), or AIDS-associated retrovirus, which attacks the body's immune system by killing T-helper lymphocytes, thereby leaving the body vulnerable to opportunistic infections and malignancies.

D.

A person afflicted with AIDS may suffer a variety of viral, bacterial, fungal and protozoal infections and malignancies which debilitate the body resulting in a high mortality rate within three years after diagnosis.

E.

The spread of the virus has occurred only through the exchange of bodily fluids between individuals, i.e., blood, blood by-products, or semen.

F.

No evidence exists to indicate the spread of the virus or AIDS or ARC by casual contact between individuals.

G.

Medical studies of family groups in which one or more persons have been diagnosed with AIDS or ARC indicate no transmission of the virus other than through sexual intimacy or through the exchange of blood (i.e., mother to fetus). Medical studies of hospital personnel caring for AIDS patients indicate no transmission of the virus other than by the puncturing of medical personnel with needles previously inserted in persons having the virus.

H.

The virus can thrive only in favorable conditions, and cannot exist for a significant period of time outside the body, and can be prevented by the application of regular practices of hygiene, such as the use of chlorine in swimming pools or spas, and the use of household bleach when washing garments or cleaning contaminated surfaces.

I.

The public health danger represented by the virus and its subsequent manifestation as AIDS or ARC is caused by the lengthy incubation period, during which period an apparently healthy individual may transmit the disease to other persons through the exchange of blood, blood by-products or semen.

J.

AIDS, ARC and the presence of the virus in individuals constitute a national public health emergency. The reported number of AIDS and ARC cases in the nation has been concentrated in urban areas such as Oakland, with the Bay Area being a section of the country reporting high numbers of cases.

K.

The 1985 Alameda County AIDS Response Plan reported that AIDS cases in Alameda County are doubling every nine to twelve (12) months, and that for every case of AIDS there exist two or three individuals with ARC or other related, nonfatal illnesses. The report states that as of June 14, 1985, there were one hundred thirteen (113) diagnosed AIDS cases in Alameda County, and estimates that by the end of 1989 there could be nearly eight thousand (8,000) diagnosed AIDS cases in the county. The report indicates that as of June 14, 1985, there were sixty-seven (67) diagnosed AIDS cases in Oakland.

L.

AIDS and ARC have created a discrete and insular minority of our citizens who are afflicted with a seriously disabling condition whose ultimate outcome is often fatal. Individuals infected with the virus represent a segment of our population particularly victimized due to the nature of the disease and to the present climate of misinformation, ignorance and fear in the general population.

M.

Discrimination against persons having AIDS and ARC exists in the city. This discrimination may occur with regard to employment, housing, business establishments, services, and accommodations. This discrimination affects persons in all racial, ethnic, and economic groups, and poses a substantial threat to the health, safety and welfare of the community.

N.

Existing state and federal restraints on such arbitrary discrimination are inadequate to meet the problems of discrimination in this city.

O.

The City Council, therefore, determines that there is a need to prohibit discrimination on the basis of AIDS, ARC and related conditions.

(Prior code § 3-21.02)