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from the november issue of "between the lines:"
BIGOTS BEWARE!
Amendments to an Ann Arbor ordinance
would make discrimination costly
by Anne Harris
ANN ARBOR - On Oct. 21, Ann Arbor City Council voted unanimously to
approve the first reading of two amendments to their antidiscrimination
policy. The amendments would increase the penalty for violation from a
one-time fee of $500 to $500 a day, and make it possible for victims of
discrimination to sue violators on their own.
In the 1970s, Ann Arbor became the first city in the United States to
enact an ordinance banning discrimination on the basis of race, gender, or
sexual preference. Last year the Ann Arbor Human Rights Commission
recommended stiffening the penalties. "Business owners are willing to pay
$500 to get queers out of the way," said Cecy Ewing, chair of the
commission.
Before taking effect, the amendments must pass a second reading during
a public hearing on Nov. 18. Concerned citizens are urged to attend the
meeting, at 7:30 p.m. on the second floor of City Hall, to voice their
opinions.
The amendments, sponsored by council members Christopher Kolb,
Elizabeth Daley and Tobi Hannah-Davies, would increase the penalties by
describing each day of violation as a separate violation, thus fining the
offender $500 each day the discriminatory practices remain in place. The
amendment also provides for a victim's reinstatement in his or her job,
back pay, lease or sale of housing, and admission to public accommodations.
More controversial is the amendment which gives victims of discrimination
"private right of action," the option of going to court on their own as
well.
City attorney Abigail Elias wrote a memo to council members stating her
opposition to creating a private cause for civil suits. Elias also noted
that other attorneys who do not work for the city felt the provision added
needed teeth to the ordinance.
"Private right of action gives victims of discrimination the
opportunity to say you've really wronged me," said Ewing. "This is a
crucial part of our package. Under state and federal law most people have
the power to go into court and sue the person discriminating against
them. They do not have to wait for a governmental agency to take the case
forward for them. However, for lesbians, gay men, people on some kind of
public assistance, and for students, currently there is no protection
against discrimination except the city ordinance."
Ewing is confident that Elias' concerns can be alleviated. "Abigail
Elias doesn't have the experience in life to know that gays and lesbians
suffer," said Ewing. Private right of action is to expected to be debated
at the meeting on Nov. 18.
23 responses total.
well, according to tuesday's _ann arbor news_, the amendments were passed.
Those are three of the four representatives from my part of town (split into two wards along Spring St.). It is a very tolerant part of town. ANy comments on hte front page article in #69 of Between the Lines, which I found at the library, on a bill recently passed by the Michigan Senate that contains a ban on providing benefits for unmarried partners of all public employyes and all state agencies, departments, board of colleges which receive state money.....this bill is worse than last year's attempts by the Legislature to penalize universities that extend domestic partner benefits. (declared unconstitutional). Now they are trying to get a new law on the books. The new bill would apply to four-year and community college employees. I might consider a bill banning benefits to all partners, married or unmarried, of all government employees. This might lead to universal health care instead. It seems discriminatory to give more benefits to people with partners of any kind than to singles. Just what are the originators of this bill trying to accomplish? DO they want to prevent unmarried people of any sort, who are 'living in sin', from coming into contact with college students, by discouraging them from working for the state?
They're just pandering to bigots. Loads of college students are themselves 'living in sin', and their fellow students are far more aware of that than of the personal lives of non-student university employees. What would be interesting would be for a (same-sex) couple married in an old, established denomination that seriously recognizes such marriage (UU's come to mind, but there are probably others) to press a discrimination case as *religious* discrimination. Given the Supreme Court's recent ruling on sexual harassment, they might go along with this. 'Twould be loads of fun if they did.
I wonder if anyone has ever thougth of that one before? That *would* be kinda cool.
Have you heard of anyone trying the religious discrimination approach? I am assuming that same-sex marriages will be recognized some time in the next few years, the US is only a few years behind progressive countries in such things as abortion and legal suicide. The same issue of the paper was talking about a couple of Alaska pursuing legal marriage from a few new angles.
Wow...um...talk about a the wierd combo of cool and icky! (I don't trust marage...at least for myself...it seems life is much too crazy for such inforced stability to work..but other people are different)
Apart from free (or is it cheaper) health insurance for domestic partners, what benefits are they talking about? What exactly are the financial or other benefits of being married? It often leads to higher income taxes (but lower inheritance taxes).
How did that vote in Ypsi go about their non-descrimination act?
ypsi hasn't had its vote yet. i believe it'll be sometime next month. meanwhile those who support the ordinance expect to be heavily outspent by the fundies who are campaigning against it. if you can donate money (if it's a cause in whi you believe, and you don't live in ypsi but want to help), the proponents of the ordinance would appreciate it. i can post more info later.
Ahhh. I am just tired of finding out about when votes are *after* they happen. Grrrrrr.
the ypsi vote on this particular ordinance will be on may 5.
<font cheers> Hurray for advance information! Thanks void!
here's the address if you want to help out or send donations:
ypsilanti campaign for equality
p.o. box 980493
ypsilanti, mi 4819800493
(734) 480-7698
e-mail: ypsicfe@juno.com
the vote is may 5
i'll post the entire ordinance once the e-mail arrives. thanks to
jerryr for posting both the above address and the text of the ordinance
on m-net, where i copied and mailed them to myself here. be warned,
the ordinance is 300 lines long.
bring it on! I won't be angry unless <pager=MORE> stops working.
here's the wording of the ypsilanti ordinance. the outcome of the
may 5 vote will determine whether it's overturned.
this is the ypsilanti ordinace (300 lines):
non-discrimination ordinance for the city of ypsilanti
enacted december 16, 1997
by a unanimous vote of the ypsilanti city council
i. intent.
it is the intent of the city that no person be denied
the equal protection of the laws; nor shall any person be denied
the enjoyment of his or her civil or political rights or be
discriminated against because of race, color, religion, national
origin, sex, sexual orientation, age, marital status, having a
disability, familial status, educational association, source of
income, height or weight.
nothing herein contained shall be construed to prohibit
any affirmative action laws passed by any level of government.
further, nothing in this chapter shall be construed to establish
affirmative action for any of the classes defined herein.
ii. definitions.
as used in this chapter, the following words and phrases
have the following meanings:
(1) "age." chronological age.
(2) "contractor." a person who by contract furnishes
services, materials or supplies. "contractor" does not include
persons who are merely creditors or debtors of the city, such as
those holding the city's notes or bonds or persons whose notes,
bonds or stock is held by the city.
(3) "discriminate." to subject anyone to different or
separate treatment, based in whole or in part, on the person's
actual or perceived race, color, religion, national origin, sex,
sexual orientation, age, marital status, having a disability,
familial status, educational association, height, or weight.
discrimination based on sex includes sexual harassment,
which means unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct or communication of a sexual
nature when:
(i) submission to such conduct or communication is made
a term or condition either explicitly or implicitly to obtain
employment, public accommodations or housing.
(ii) submission to or rejection of such conduct or
communication by an individual is used as a factor in decisions
affecting such individual's employment, public accommodations or
housing.
(iii) such conduct or communication has the purpose or
effect of substantially interfering with an individual's
employment, public accommodations or housing, or creating an
intimidating, hostile, or offensive employment, public
accommodations, or housing environment.
(iv) prohibited conduct constitutes sexual harassment
whether it occurs between people of the same or opposite sex.
(4) "educational association." the fact of being
enrolled or not enrolled at any educational institution.
(5) "employer." a person employing five (5) or more
persons.
(6) "familial status." the state of being related by
blood or affinity to the fourth degree.
(7) "minority." a person who is african-american,
native american, spanish-surnamed or asian.
(8) "housing facility." any dwelling unit or facility
used for a person to regularly sleep and keep personal
belongings including, but not limited to, a house, apartment,
rooming house, housing cooperative, hotel, motel, tourist home,
retirement home or nursing home.
(9) "marital status." the state of being married,
unmarried, divorced, separated or widowed.
(10) "disability." a functional limitation that
interferes with a person's ability to see, walk, lift, hear or
learn. it may refer to a physical, sensory or mental condition
unrelated to one's ability to safely perform the work involved
in jobs or positions available to such person for hire or promotion
or a limitation of physical capabilities unrelated to one's ability
to acquire, rent and maintain property. impairment refers to loss
or abnormality of an organ or body mechanism, which may result in
disability.
(11) "place of public accommodation." an educational,
governmental, health, day care, entertainment, cultural,
recreational, refreshment, transportation, financial institution,
accommodation, business or other facility of any kind, whose goods,
services, facilities, privileges, advantages or accommodations are
extended, offered, sold or otherwise made available to the public,
or which receives financial support through the solicitation of the
general public or through governmental subsidy of any kind.
(12) "sexual orientation." heterosexuality, male or
female homosexuality, bisexuality or gender identity.
(13) "income" means any of the following:
(i) commissions, earnings, salaries, wages, and other
income due or to be due in the future to an individual from his or
her employer and successor employers.
(ii) a payment due or to be due in the future to an
individual from a profit-sharing plan, a pension plan, an insurance
contract, an annuity, social security, unemployment compensation,
supplemental unemployment benefits, or worker's compensation.
(iii) an amount of money that is due to an individual as
a debt of another individual, partnership, association, or private
or public corporation, the united states or a federal agency, this
state or a political subdivision of this state, another state, or
another legal entity that is indebted to the individual.
(14) "person." any individual, business, whether
incorporated or not, or any governmental entity.
iii. discriminatory housing practices.
(1) no person shall discriminate in leasing, selling or
otherwise making available any housing facilities.
(2) no person shall discriminate in the terms,
conditions, maintenance or repair in providing any housing
facility.
(3) no person shall refuse to lend money for the
purchase or repair of any real property solely because of the
location in the city of such real property.
(4) no person shall promote real estate transactions by
representing that changes are occurring or will occur in an area
with respect to race, religion, sexual orientation, or national
origin.
(5) no person shall place a sign or other display on any
real property which indicates that the property is for sale or has
been sold when it is not for sale or has not recently been sold.
iv. discriminatory public accommodation practices.
no person shall discriminate in making available access
to all goods, services, activities, privileges and accommodations
of any place of public accommodation.
v. discriminatory employment practices.
(1) no person shall discriminate in the employment,
compensation, work classifications, conditions or terms, promotion
or demotion, or termination of employment of any person.
(2) no person shall discriminate in limiting membership,
conditions of membership or termination of membership in any labor
union or apprenticeship program.
vi. other prohibited practices.
(1) no person shall adopt, enforce or employ any policy
or requirement, publish, post or broadcast any advertisement, sign
or notice which discriminates or indicates discrimination in
providing housing, employment or public accommodations.
(2) no person shall discriminate in the publication or
distribution of advertising material, information or solicitation
regarding housing, employment or public accommodations.
(3) no agent, broker, labor union, employment agency or
any other intermediary shall discriminate in making referrals,
listings or providing information with regard to housing,
employment or public accommodations. a report of the conviction
of any such person for a violation of this chapter shall be made
to the applicable licensing or regulatory agency for such person
or business.
(4) no person shall coerce, threaten or retaliate against
a person for making a complaint or assisting in the investigation
regarding a violation or alleged violation of this chapter, nor
require, request, conspire with, assist or coerce another person
to retaliate against a person for making a complaint or assisting
in an investigation.
(5) no person shall conspire with, assist, coerce or
request another person to discriminate in any manner prohibited by
this chapter.
vii. information and investigation.
(1) all persons claiming to be aggrieved by a
discriminatory or unfair practice may, by themselves or by counsel,
file with the city attorney a verified, written complaint which
shall state the details, name and address of the person(s) or
entity alleged to have committed the discriminatory or unfair
practice.
(2) after filing of a verified complaint, a true copy
shall be served within ten (10) days by certified mail on the
person against whom the complaint is filed.
(3) the city attorney shall refer this complaint to
appropriate city departmental units and agencies for
investigation as to the basis of the complaint.
(4) after sufficient review and determination, the city
attorney shall issue a written opinion to the commission whether
probable cause exists to believe a discriminatory practice or
practices occurred as alleged by the complainant.
(5) for an investigation, a person may be required to
produce books, papers, records or other documents that may be
relevant to a violation or alleged violations of this chapter.
if said person does not comply with such request, the city attorney
may apply to washtenaw county circuit court for an order requiring
production of said materials.
(6) if it is determined that no probable cause exists,
the city attorney shall notify the complainant and respondent in
writing of the dismissal of the complaint.
viii. conciliation agreements and mediation.
(1) if probable cause has been determined, the human
relations commission shall notify the complainant and respondent
of mediation. participation in mediation is voluntary, and either
party may reject the offer to mediate. if the mediation request is
accepted, the notice shall inform the parties of the identity of
the mediator and shall request a time for the mediation to occur,
no later than 45 days from the date probable cause was determined.
mediation shall be an informal
process conducted by the human relations commission in accordance
with the procedures established by the city council.
(2) mediation sessions are not open to the public, but
any resolution of the dispute reached through mediation shall not
be final until released by the human relations commission.
violations of such agreements shall be violations of this chapter.
ix. injunctions.
nothing in this ordinance shall prohibit an aggrieved
person(s) from commencing civil action to obtain injunctive relief
to prevent discrimination prohibited by this chapter.
x. discriminatory effects.
no person shall adopt, enforce or employ any policy or
requirement which has the effect of creating unequal opportunities
according to race, color, religion, national origin, sex, sexual
orientation, age, source of income, familial status, educational
association, marital status, having a disability, height or weight
for a person to obtain housing, employment or public accommodation,
except for a bona fide business necessity. such a necessity does
not arise due to a mere inconvenience or because of suspected or
actual objection to such a person by neighbors, customers, or other
persons.
xi. exceptions.
notwithstanding anything contained in this chapter, the
following practices shall not be violations of this chapter.
(1) this ordinance shall not be construed to prohibit or
interfere with the exercise of a person's first amendment rights.
(2) for a religious organization or institution to
restrict any of its facilities of housing or accommodations which
are operated as a direct part of religious activities to persons
of the denomination involved or to restrict employment opportunities
for officers, religious instructors and clergy.
(3) for the owner of an owner-occupied one-family or
two-family dwelling, or a housing facility or public accommodation
facility, respectively, devoted entirely to the housing and
accommodation of individuals of one sex, to restrict occupancy and
use on the basis of sex.
(4) to limit occupancy in a housing project or to
provide public accommodations or employment privileges or assistance
to persons of low income, over fifty-five (55) years of age or who
are handicapped.
(5) to engage in a bona fide effort to establish or enforce
an affirmative action program to improve opportunities in employment
for minorities and women.
(6) to discriminate based on a person's age when state,
federal or local law requires such discrimination.
(7) to refuse to enter into a contract with an
unemancipated minor.
(8) to refuse to admit to a place of public
accommodation serving alcoholic beverages a person under the legal
age for purchasing alcoholic beverages.
(9) to refuse to admit person(s) under eighteen (18)
years of age to a business providing entertainment or selling
literature or merchandise of a sexually explicit matter as defined
by michigan compiled laws section 722.671 et seq.
(10) for an educational institution to limit the use of
its facilities to those affiliated with such institution.
(11) to provide discounts on products or service(s) to
students, minors and/or senior citizens.
(12) for a person to discriminate in any arrangement for
the sharing of his or her own dwelling unit in which that person
resides.
(13) to restrict use of lavatories and locker room
facilities on the basis of sex.
(14) to use marital status limitations in health or
pension plans if they conform to federal and state laws and
regulations.
xii. affirmative action by city contractors.
(1) all contractors proposing to do business with the
city of ypsilanti shall abide by ypsilanti city ordinance no.1.251
et seq., chapter 5, as amended.
xiii. penalties
(1) a violation of any provision of this chapter is a
civil infraction punishable by a fine of not more than $500.00 plus
all costs of the action. a court of competent jurisdiction may
issue and enforce any judgment, writ, or order necessary to enforce
this chapter. this may include, but is not limited to,
reinstatement, payment of lost wages, hiring, or promotion, sale,
exchange, lease or sublease of real property, admission to a place
of public accommodation, or other relief deemed appropriate.
(2) nothing contained in this chapter shall be
constituted to limit in any way the remedies, legal or equitable,
which are available to the city or any other person for the
prevention or correction of discrimination.
xiv. private actions for damages or injunctive relief.
(1) an individual who is the victim of discriminatory
action in violation of this chapter may bring a civil action for
appropriate injunctive relief or damages or both against the
person(s) who acted in violation of this chapter.
(2) as used in this chapter, "damages" includes any
injury or loss caused by each violation of this chapter, including,
but not limited to, reasonable attorneys fees.
(3) private actions and remedies under this section are
in addition to any actions for violations that the city may take.
xv. limitation of action
(1) no complaint shall be accepted nor action taken
unless filed within one year from the date of the alleged unlawful
practice. where the alleged unlawful practice is of a continuing
nature, the limitation period shall not commence to run until the
unlawful practice has ceased.
Will we ever truly acheive equal rights? It seems that every time we think we're closer to gaining them, something like DOMA happens.
#16: <sigh> Good Point. #15: Though I only scanned through it, it looks good to me. NOw is this C, or Not C ? I am confused by the leterology here....
hip hip hurray!!! Proposal C was narrowly defeated, and the civil rights ordiance remains. Though it hardly makes up for the bitter loss of Maine's state-wide gay rights ordinance, it is a tremendous victory for gays, lesbians, and bisexuals in Ypsilanti. My hat is off to the Campaign for Equality for a job well done.
Ditto! Hipp hipp hooray! I'd especially like to thank the owners of La Fiesta Mexicana (Michelle esp!) for helping to organise and offering space for the city-wide campaign.
And there was much rejoycing....
indeed there was. however, voters in ypsi (oh, how i wish i was one) will now have to pay close attention to candidates for city council. it wouldn't be at all surprising if the folks from the xtian right tried to run for city council flying misleading colors and then try to overturn or otherwise negate the ordinance. look at what they've accomplished on so many school boards across the country.
True. However, I have heard that the above people who have helped made the against C thing possible are continuing efforts beyond this election. <inside info, huray!>
I know this is late, and perhaps re-igniting this discussion is moot, but I am a voter in Ypsilanti, and I remember all of the propaganda for C. I am proud to say I voted in the correct direction, and so did my friends who are also registered voters of Ypsi. :) Void, anything new going on in Ypsi as far as this type of matter is concerned?
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