§ 92.41. PROHIBITION OF DISCRIMINATORY INTERFERENCE WITH ANOTHER PERSON OR PROPERTY OF ANOTHER PERSON.  


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  • (A) No person shall discriminate against another person by intentionally interfering with another person or the property of another person with the motive to intimidate or interfere with or oppress the other person because the other person is a member of one or more classes or persons referenced in paragraph (b)(1) of the federal Hate Crimes Statistics Act (Public Law 101-275) and/or, in addition, classes of persons identifiable by gender and/or disability or health related condition.
    (B) A person intentionally interferes with another person by committing a tortious battery, assault, imprisonment or infliction of mental distress. A person intentionally interferes with the property of another person by trespassing on the other's land or by tortuously and deliberately damaging, defacing or destroying the real or personal property of the other person.
    (C) A person is shown to have acted intentionally when his or her conduct is such that a reasonable person in his or her position would believe that the particular wrongful result of his or her conduct which did in fact occur was substantially certain to follow from said conduct.
    (D) A person is shown to have acted with the motive of intimidating, interfering or oppressing another person because the other person is a member of one or more of the classes of persons referenced in paragraph (b)(1) of the federal Hate Crimes Statistics Act (Public Law 101-275) and/or, in addition, classes of person identifiable by gender and/or disability or health related condition when it is shown by a preponderance of evidence that a material factor in the Commission of the act was the person's underlying purpose to cause such intimidation, interference or oppression of the other person and/or of others in the same protected class as the other person.
    (E) Except for the list of protected classes set forth in paragraph (b)(1) thereof, no section of the federal Hate Crimes Statistics Act is incorporated herein.
    (1999 Lou. Code, § 98.49) (Lou. Ord. No. 281-1991, approved 11-13-1991; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004)