The Birmingham City Council, on Tuesday, made it a criminal offense for any entity operating in the city to discriminate against a person based on his or her race, sexual orientation, national origin, gender identity or disability.

The city-wide non-discrimination ordinance covers housing, public accommodations and employment. The ordinance will be enforced through Birmingham Municipal Court.

The city council passed the ordinance unanimously following a public hearing. Councilors Kim Rafferty and William Parker weren't in attendance for the vote.

"Birmingham has a responsibility to protect all of its citizens the best way we can, and that it exactly what we are attempting to do today by passing this ordinance," City Council President Johnathan Austin told AL.com. "Fortunately, the council saw the wisdom in it, approved it unanimously, and it is just one step towards making the city of Birmingham a more inclusive and open community for all citizens. That is something we have to continue to work on. That is something we have to continue to fight for."

He said he expects that the state Legislature will challenge the ordinance.

"Whenever we try to do something to protect the citizens, in any form, it has always been attacked by the state Legislature, Austin said. "I anticipate that the state Legislature may try to pass some legislation that says we can't do this, but we will let them deal with that."

To enter a discrimination complaint against any entity, the alleged victim will have to go before a magistrate and seek a warrant or summons against the employer or other entity, Julie Barnard, Birmingham assistant city attorney, said during Tuesday's city council meeting.

Under Alabama law, the only remedy for violating a city ordinance is a criminal process, she said. Municipalities don't have the authority to create civil fines or civil remedies.

The Human Rights Campaign hailed the city council's passage of the ordinance, the first of its kind in the state of Alabama.

"Today, the city of Birmingham made history in Alabama by taking a crucial step toward ensuring LGBTQ residents are protected from discrimination," Chad Griffin, president of the Human Rights Campaign said in a statement. "In doing so, Birmingham joins Jackson and Magnolia, Mississippi in setting an example for cities across the South to follow. Now, it is time for all southern cities to guarantee the right of LGBTQ people to live their lives free from discrimination."

Barnard said offenders won't be ticketed. Any business entity in Birmingham accused of discrimination would face a trial in municipal court.

"The municipal court is a court of criminal jurisdiction," Barnard said. "That means any charge in municipal court has to be proven to a standard of beyond a reasonable doubt. That's an issue for the council to consider. "

Civil courts, on the other hand, have a lower standard of proof: a preponderance of the evidence, she said.

Barnard said at a federal level, most discrimination violations would be civil matters.

Eva Kendrick, HRC Alabama state director, said it is fairly common for cities who pass non-discrimination ordinances to make it a criminal offense.

"These crucial nondiscrimination protections may be enforced through the issuance of fines only," she said. "The ordinance creates a local Human Rights Commission that receives, investigates, and attempts to conciliate complaints with the hopes of arriving at mutually agreed upon resolutions before reaching the stage of potential fines in municipal court.

Of the hundreds of municipalities across the nation that have enacted non-discrimination protections, many take a similar approach. In any event, the message that cities are sending is that discrimination against anyone is wrong, plain and simple," Kendrick said.

According to the ordinance, any person or entity found guilty of discrimination will face a fine of up to $500. First offenders will be subject to a fine of $100. The second violation will be subject to a $250 fine.

Barnard said there won't be any redress for people who has been discriminated against. They won't be able to get their jobs back. They won't be awarded back pay, she said.

Those measures would have to be sought in a civil setting, Barnard said.

The ordinance also calls for the creation of a Birmingham Human Rights Commission. The 11-member body will include one appointee from each of the city council districts; a representative from a human rights non-profit organization; and a representative from a business or other employer with its principal location in the city.

Additional, non-voting members of the commission will include the chief of police or designee; the fire chief or designee; the city's ADA compliance director of designee; and a member of council staff.

Barnard said the commission will be charged with conducting investigations and making recommendations to the mayor and council on potential legislative actions.

Several local residents as well as HRC, Equality Alabama and Central Alabama Pride spoke in favor of the ordinance.

Michael Hansen, a Birmingham resident and former Senate candidate, said the city's passage of the ordinance will "send a signal to the rest of the country that Birmingham is a serious place, that we are progressive and that we are open to everyone."

"What this ordinance really does is protect everyone but especially those most vulnerable. There are real cases of discrimination that happen in this city every day that affect everyone."

The Rev. Lindsey Becker, a local youth minister, said being open and vulnerable about who you are makes her a better employee, tenant, Christian, minister and as a servant for the community. She said this ordinance "is taking a stance and saying who you are is welcome. I think you will see that people in this community will become greater versions of themselves because they will be able to feel comfortable and empowered in who they are."

Birmingham resident Takia Hudson was the only person to speak out against the ordiance based on his religious beliefs.