BILL REQ. #:  H-5340.1 

READ FIRST TIME 02/05/08.   

     AN ACT Relating to prohibiting discrimination on the basis of sex in public community athletics programs; adding a new section to chapter 49.60 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35.61 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.68 RCW; adding a new section to chapter 36.69 RCW; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 49.60 RCW to read as follows:
     (1) No city, town, county, or district may discriminate against any person on the basis of sex in the operation, conduct, or administration of community athletics programs for youth or adults or in the allocation of park and recreation facilities and resources that support these programs. Cities, towns, counties, districts, and public school districts shall not authorize or grant permits or other permissions to third parties for the use of such facilities or resources for community athletics programs if the third party's program discriminates against any person on the basis of sex.
     (2) The definitions in this subsection apply throughout this section.
     (a) "Community athletics program" means any athletic program 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, town, county, district, or public school district other than those offered by the school and created solely for the students by the school.
     (b) "District" means any metropolitan park district, park and recreation service area, or park and recreation district.
     (c) "Park and recreation facilities and resources" include park facilities, 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; sports and recreation equipment; devices used to promote athletics such as scoreboards, banners, and advertising; and the expenditure of moneys in conjunction with athletics.
     (3) It is the intent of the legislature in enacting this section that participants shall be accorded opportunities for participation in community athletics programs on an equal basis, both in quality and scope, regardless of the sex of the athletes.
     (4) 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:
     (a) Whether the selection of community athletics programs offered effectively accommodates the athletic interests and abilities of both males and females;
     (b) The provision of money, equipment, and supplies;
     (c) Scheduling of games and practice times;
     (d) Opportunities to receive coaching;
     (e) Assignment and compensation of coaches and game officials;
     (f) Access to lands and areas accessed through permitting, leasing, or other land-use arrangements, or otherwise accessed;
     (g) Selection of the season for a sport;
     (h) Location of the games and practices;
     (i) Locker rooms;
     (j) Practice and competitive facilities;
     (k) Publicity; and
     (l) Officiation by umpires, referees, or judges who have met training and certification standards.
     (5) A court may find that a violation of a single factor listed in subsection (4) of this section constitutes unlawful discrimination if the resulting harms are so substantial as to deny equal participation opportunities in community athletics programs to athletes of one sex.
     (6) In making the determination under subsection (4)(a) of this section, a court shall assess whether the community athletics program has effectively accommodated the athletic interests and abilities of both males and females in any one of the following ways:
     (a) By showing that the community athletics program opportunities for both males and females are provided in numbers substantially proportionate to their respective numbers in the community;
     (b) Where the members of one sex have been and continue to be underrepresented in community athletics programs, by showing 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 sex;
     (c) Where the members of one sex are underrepresented in community athletics programs, by demonstrating that the interests and abilities of the members of that sex have been fully and effectively accommodated by the present program and allocation of resources.
     (7) Beginning January 1, 2018, a community athletics program may no longer rely on subsection (6)(b) of this section to show that it has accommodated the athletic interests and abilities of both sexes.
     (8) Each city, town, county, or district operating a community athletics program or issuing permission to a third party for the operation of such program on its facilities shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this section, including the investigation of any written complaints alleging noncompliance with this section. The employee designated under this subsection may be the same person designated to issue permits to third-party contractors. The city, town, county, or district operating a community athletics program shall annually make an effort to notify its users of the name, office address, and office telephone number of the employee or employees appointed pursuant to this subsection, and of the rights entitled to them under this act. Such notification shall be published on the appropriate city, town, county, or district web site.
     (9) Each city, town, county, or district operating a community athletics program or issuing permission to a third party for the operation of such program on its facilities shall adopt and publish grievance procedures providing for prompt and equitable resolution of written complaints, including complaints brought by a parent or guardian on behalf of her or his minor child who is a participant in a community athletics program, alleging any action that would be a violation of this section. Public school districts issuing permission to a third party for the operation of a community athletics program on its facilities shall also follow the provisions of this subsection and may modify and use existing school district policies and procedures to the extent that is possible.
     (10) This section shall not be construed to invalidate any existing consent decree or any other settlement agreement entered into by a city, town, county, or district to address equity in athletic programs.
     (11) This section and any ordinances, regulations, or resolutions adopted pursuant to this section by a city, town, county, district, or public school district may be enforced against a city, town, county, district, or public school district by a civil action for injunctive relief or damages or both, including reasonable attorneys' fees and costs to the prevailing party. These remedies shall be independent of any other rights and remedies.

NEW SECTION.  Sec. 2   A work group is established to study reporting guidelines that will enable effective compliance monitoring of community athletics programs in order to accomplish the intent of section 1 of this act. The work group shall also study appropriate alternate or additional remedies for violations of this section. The chair of the house judiciary committee shall convene the work group which shall consist of interested stakeholders, including: Representatives from cities, towns, counties, districts, school districts, and third-party community athletics programs that contract to use municipal facilities and resources. The work group shall submit a report on its findings by September 1, 2009.

NEW SECTION.  Sec. 3   A new section is added to chapter 35.21 RCW to read as follows:
     The antidiscrimination provisions of section 1 of this act apply to programs and facilities operated under this chapter.

NEW SECTION.  Sec. 4   A new section is added to chapter 35.61 RCW to read as follows:
     The antidiscrimination provisions of section 1 of this act apply to programs and facilities operated under this chapter.

NEW SECTION.  Sec. 5   A new section is added to chapter 35A.21 RCW to read as follows:
     The antidiscrimination provisions of section 1 of this act apply to programs and facilities operated under this chapter.

NEW SECTION.  Sec. 6   A new section is added to chapter 36.68 RCW to read as follows:
     The antidiscrimination provisions of section 1 of this act apply to programs and facilities operated under this chapter.

NEW SECTION.  Sec. 7   A new section is added to chapter 36.69 RCW to read as follows:
     The antidiscrimination provisions of section 1 of this act apply to programs and facilities operated under this chapter.

NEW SECTION.  Sec. 8   This act takes effect January 1, 2009.