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AB-2404 Discrimination: athletic programs.(2003-2004)

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Assembly Bill No. 2404
CHAPTER 852

An act to add Section 53080 to the Government Code, relating to discrimination.

[ Filed with Secretary of State  September 28, 2004. Approved by Governor  September 28, 2004. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2404, Steinberg. Discrimination: athletic programs.
Existing law prohibits discrimination and harassment based on sex, ethnic group identification, race, national origin, color, religion, mental or physical disability, or any basis that is contained in the prohibition of hate crimes in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state student financial aid.
Existing federal law provides that no person on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance.
This bill would prohibit a city, county, city and county, or special district from discriminating against any person on the basis of gender in the operation, conduct, or administration of community youth athletics programs or in the allocation of parks and recreation facilities and resources that support or enable these programs. The bill would create an independent right to bring a civil action for equitable and monetary relief, as specified.
The bill would declare that the Unruh Civil Rights Act has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and that a specific state law also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender.

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act. This landmark legislation provides that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance,... .”
(b) In 2003, the California Legislature, recognizing the importance of female participation in athletics, passed Assembly Bill 833, which became effective January 1, 2004, to prohibit discrimination on the basis of sex in California state secondary and postsecondary educational institutions.
(c) Title IX has expanded athletic opportunities for girls and young women in educational institutions. The dramatic increases in participation rates at both the high school and college levels since Title IX was passed show that when doors are opened to women and girls, they will rush through.
(d) Athletic opportunities provide innumerable benefits to girls and young women, including greater academic success, better physical and psychological health, responsible social behaviors, and enhanced interpersonal skills. Athletic scholarships make it possible for some girls and young women to attend college.
(e) Despite advances in educational settings and efforts by some local agencies to expand opportunities for girls and young women in community youth athletics programs, discrimination against girls and young women in local communities still exists that limits these opportunities. The Legislature declares that there is a need to expand athletic opportunities for girls in the context of community parks and recreation.
(f) California community youth athletics have historically been enjoyed disproportionately by male youth. It is the intent of the Legislature to expand and support equal female participation in youth athletics programs, to provide female youth sports programs equal access to facilities administered by cities, counties, cities and counties, and special districts, and to ensure compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code), and Section 11135 of the Government Code.

SEC. 2.

 Section 53080 is added to the Government Code, to read:

53080.
 (a) No city, county, city and county, or special district, including, but not limited to, a community services district, recreation and park district, regional park district, regional park and open-space district, regional open-space park district, or resort improvement district shall discriminate against any person on the basis of sex or gender in the operation, conduct, or administration of community youth athletics programs or in the allocation of parks and recreation facilities and resources that support or enable these programs.
(b) The Unruh Civil Rights Act (Section 51 of the Civil Code) has been held to prohibit local governmental agencies from discriminating on the bases proscribed by the act, and Section 11135 also prohibits local governmental agencies that receive financial assistance from the state from discriminating on the basis of gender, among other bases.
(c) As used in this section, “community youth athletics program” means any athletic program in which youth solely or predominantly participate and that is organized for the purposes of training for and engaging in athletic activity and competition and that is in any way operated, conducted, administered, supported, or enabled by a city, county, city and county, or special district.
(d) As used in this section, “parks and recreation facilities and resources” include, but are not limited to, park facilities, including, but not limited to, athletic fields, athletic courts, gymnasiums, recreational rooms, restrooms, concession stands and storage spaces; lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through cities, counties, cities and counties, or special districts; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and all moneys used in conjunction with youth athletics.
(e) It is the intent of the Legislature in enacting this section that girls shall be accorded opportunities for participation in community youth athletics programs on an equal basis, both in quality and scope, to those accorded to boys.
(f) In civil actions brought under this section or under other applicable antidiscrimination laws alleging discrimination in community youth athletics programs, courts shall consider the following factors, among others, in determining whether discrimination exists:
(l) Whether the selection of community youth athletics programs offered effectively accommodate the athletic interests and abilities of members of both genders.
(2) The provision of moneys, equipment, and supplies.
(3) Scheduling of games and practice times.
(4) Opportunity to receive coaching.
(5) Assignment and compensation of coaches.
(6) Access to lands and areas accessed through permitting, leasing, or other land use arrangements, or otherwise accessed through a city, a county, a city and county, or a special district.
(7) Selection of the season for a sport.
(8) Location of the games and practices.
(9) Locker rooms.
(10) Practice and competitive facilities.
(11) Publicity.
(12) Officiation by umpires, referees, or judges who have met training and certification standards.
(g) In making the determination under paragraph (1) of subdivision (f), a court shall assess whether the city, county, city and county, or special district has effectively accommodated the athletic interests and abilities of both genders in any one of the following ways:
(1) The community youth athletics program opportunities for boys and girls are provided in numbers substantially proportionate to their respective numbers in the community.
(2) Where the members of one gender have been, and continue to be, underrepresented in community youth athletics programs, the city, county, city and county, or special district can show a history and continuing practice of program expansion and allocation of resources that are demonstrably responsive to the developing interests and abilities of the members of that gender.
(3) Where the members of one gender are underrepresented in community youth athletics programs, the city, county, city and county, or special district can demonstrate that the interests and abilities of the members of that gender have been fully and effectively accommodated by the present program and allocation of resources.
(h) Effective January 1, 2015, a city, county, city and county, and special district may no longer rely on paragraph (2) of subdivision (g) to show that they have accommodated the athletic interests and abilities of both genders.
(i) Nothing in this section shall be construed to invalidate any existing consent decree or any other settlement agreement entered into by a city, county, city and county, or special district to address gender equity in athletic programs.
(j) This section and any ordinances, regulations, or resolutions adopted pursuant to this section by a city, county, city and county, or special district may be enforced against a city, county, city and county, or special district by a civil action for injunctive relief or damages or both, which shall be independent of any other rights and remedies.