§ 38-37. Judicial enforcement and penalties.

(a)

The rights granted by section 38-33 may be enforced by filing a civil action in the appropriate superior court within the time limits set out in section 38-35(c). Any person aggrieved instituting a civil action under this article shall be required to file with the verified complaint an affidavit which sets forth specifically the act or violation complained of and the factual basis for each such claim.

(b)

In any proceeding brought pursuant to this article, the burden of proof shall be on the complainant. Notwithstanding the foregoing, any club, institution, or membership organization claiming to be exempt from this article on the grounds that it is distinctly private shall have the burden of proving such status as an affirmative defense.

(c)

The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, together with court costs.

(d)

In any action brought to enforce the provisions of this article, if the court determines that a violation occurred, then the court may award the complaining party a reasonable attorney's fee and the costs of litigation.

(e)

In any action brought to enforce the provisions of this article, if the court determines that the complaint was frivolous or completely without merit as to law or fact, then the court may award the respondent a reasonable attorney's fee and the costs of litigation.

(f)

The county attorney shall conduct all litigation in which Fulton County participates as a party or as amicus curiae pursuant to this article.

(g)

Nothing in this article shall preclude any person from pursuing any other remedies or procedures provided by local, state, or federal law.

(Ord. of 7-27-88, § 7)