Non-discrimination ordinance


After months of consideration and community outreach, Aspen City Council on Sept. 24, 2024, adopted a new, modernized city of Aspen non-discrimination ordinance, marking a significant step in the city's ongoing commitment to equality and inclusivity.  

The ordinance, which updates Aspen's existing non-discrimination laws, was first introduced in 1977 with Ordinance 60. The ordinance was considered cutting edge and was the state’s first non-discrimination law, targeting discrimination based on sexual orientation, followed by Boulder in 1987 and Denver in 1991. Based on this instrumental ordinance, the city of Aspen was one of the successful plaintiffs in Romer v. Evans, 517 U.S. 620, 116 S.Ct.1620 (1996), which overturned the Colorado state constitutional amendment that was passed by the voters. This amendment would have permitted discrimination based on affectional and sexual orientation.   

Ordinance 60 was a pioneering piece of legislation and safeguarded the rights of Aspen residents and set a precedent for future legal victories in the areas of anti-discrimination legislation. The original 1977 ordinance prohibited discrimination based on race, color, creed, religion, and other factors in employment, housing, public services, and accommodation practices.  

Forty-seven years later, the updated ordinance continues to build on this legacy, ensuring local control while aligning with state and federal anti-discrimination protections. 

The city has been working for over a year towards modernizing the groundbreaking ordinance from 1977.  A few general themes related to the recent updates made to the ordinance include but are not limited to the expansion of protected classes, refreshing language to be increasingly inclusive throughout, and the expansion of the element of proof of discrimination based on updated legislation. The new ordinance also enhances the range of local penalties for individuals seeking recourse for discriminatory practices. 

 The Aspen Police Department and the Aspen-Pitkin County Housing Authority were included in gathering feedback for the ordinance as key internal stakeholders. The proposed revised ordinance also was reviewed by two diversity, equity and inclusion consultants.   

Aspen City Council discussed the new ordinance during a work session on Aug. 19, 2024, and proposed changes. The council unanimously approved the proposed ordinance on first reading Aug. 27, 2024, and finalized it Sept. 24, 2024. The Ordinance becomes effective 30 days after passage, which is Oct. 25, 2024.  

Updated definition of discrimination includes the following protected classes: Race, creed, color, sex, affectional or sexual orientation, gender identity, gender expression, genetic characteristics, marital status, religion, religious expression, national origin, ancestry, pregnancy, parenthood, custody of a minor child, mental or physical disability, source of income, immigration status, age, family responsibility or political affiliation of such individual or such individual’s friends or associates. 

The essential elements of proof shall be of discriminatory intent or disparate treatment or disparate impact and a nexus between such intent, or disparate treatment or disparate impact and an action or refusal or failure to act identified in this chapter.  

Exemptions to discriminatory housing practices:

This ordinance does not apply to prohibit the following: Any religious or denominational institution or organization that is operated, supervised or controlled by a religious or denominational organization from limiting admission or giving preference to persons of the same religion or denomination or from making such selection of buyers, lessees or tenants as will promote a bona fide religious or denominational purpose; an owner or lessee from limiting occupancy of a dwelling unit occupied by such owner or lessee as their residence; an owner from limiting occupancy of rooms or dwelling units in buildings occupied by no more than two households living independently of each other if the owner actually maintains and occupies one of such rooms or dwelling units as their residence; an owner or lessor of a housing facility devoted entirely to housing individuals of one sex from limiting lessees or tenants to persons of that sex provided that people shall be allowed to use a housing facility that is consistent with their gender identity; in housing facilities where undressing in the presence of others occurs, owners or lessors shall make reasonable accommodations to allow access consistent with an individual's gender identity; the transfer, sale, rental, lease or development of housing designed or intended for the use of the physically or mentally disabled, but this exclusion does not permit discrimination on any other basis. 

  • Any owner-occupied lot containing four or fewer dwelling units. 
  • Any residential building in which the owner or lessor publicly establishes and implements a policy of renting or selling exclusively to persons 55 years of age or older, but only as long as such policy remains in effect. 
  • Any dwelling unit rented, leased or subleased for no more than 18 months while the owner or lessee is temporarily absent, when the owner or lessee leaves a substantial amount of personal possessions on the premises. 
  • Any residential building located on real estate whose title was, as of Nov. 17, 1981, encumbered by a restrictive covenant limiting or prohibiting the residence of minor children on such property, but only so long as such covenant remains in effect. 
  • Up to one-third of the buildings in a housing complex consisting of three or more buildings; for purposes of this subparagraph, housing complex means a group of buildings each containing five or more units on a contiguous parcel of land owned by the same person or persons. 

Enforcement process:

The City Attorney shall enforce all provisions of this Chapter. 

Any person residing in the city and claiming to be aggrieved by unlawful discriminatory act shall have a cause of action in any court of competent jurisdiction for compensatory damages and other remedies, including the issuing of restraining orders and temporary or permanent injunctions necessary to obtain compliance.  

Any person residing in the city may bring a civil action authorized by this ordinance, provided such person first files with the City Attorney a written request for the City Attorney to commence action. The request shall include a statement of grounds for believing a cause for action exists. The City Attorney shall respond within 14 days after receipt of the request indicating whether they intend to file a civil action. If the City Attorney indicates in the affirmative and files suit within 30 days thereafter, no other action may be brought unless the action brought by the City Attorney is dismissed without prejudice. 

In addition to civil remedies, any person who violates the ordinance  shall be deemed guilty of an offense and upon conviction thereof shall be punished by a fine not exceeding the maximum amount allowed by law, or imprisonment of not more than one-year or both such fine and imprisonment, at the discretion of the municipal court. 

If a holder of a city permit, license, franchise, benefit, or advantage violates the ordinance, the city may take action to temporarily or permanently suspend the permit, license, franchise, or benefit.  

To file a complaint, please email kate.johnson@aspen.gov.