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File #: 22-1135    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 8/17/2022 In control: City Commission
On agenda: 9/6/2022 Final action:
Title: ORDINANCE NO. 31-22: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 133, “OFFENSES AGAINST PERSONS”, SECTION 133.02, “PROHIBITION OF CONVERSION THERAPY ON MINORS”, PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 133 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING)
Sponsors: City Attorney Department
Attachments: 1. Agenda Cover Report, 2. Repeal of Conversion Therapy on Minors, 3. Otto v. City of Boca Raton No. 19-10604 (11th Cir
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TO:                                          Mayor and Commissioners

FROM:                     Lynn Gelin, City Attorney

DATE:                     September 6, 2022

 

Title

ORDINANCE NO. 31-22: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 133, “OFFENSES AGAINST PERSONS”, SECTION 133.02, “PROHIBITION OF CONVERSION THERAPY ON MINORS”, PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 133 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING)

 

Body

Recommended Action:

Recommendation

Motion to approve Ordinance 31-22.

 

Body

Background:

In 2017, the City of Delray Beach adopted Ordinance 18-17 banning the practice of conversion therapy, a form of therapy and/or counseling aimed at changing a person’s sexual orientation or gender identification, on minors. Ordinance 18-17 banned persons licensed by the state including medical practitioners, psychologists, and social workers from using conversion therapy on minors within the City limits.

Recently, the 11th Circuit Court of Appeals, in the case of Otto, et al v. City of Boca Raton and County of Palm Beach, Florida, held that Boca Raton’s prohibition on conversion therapy, strikingly similar to the City’s ordinance, was an unconstitutional restriction on speech in violation of the First Amendment to the United States Constitution.  As a result of this decision, the City of Boca Raton, and other municipalities, have repealed their ordinances.

 

City Attorney Review:

Approved as to form and legal sufficiency.

 

Funding Source/Financial Impact:

N/A

 

Timing of Request:

In order to comply with the Court’s decision in Otto, the repeal of this Ordinance is necessary and appropriate.