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HomeMy WebLinkAboutORDINANCE 5703ORDINANCE NO. 5703
AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING
CHAPTER 119 CIVIL RIGHTS ADMINISTRATION TO PROTECT THE
CIVIL RIGHTS OF FAYETTEVILLE CITIZENS AND VISITORS AND TO
CREATE THE POSITION OF CIVIL RIGHTS ADMINISTRATOR FOR THE
CITY OF FAYETTEVILLE
WHEREAS, the City of Fayetteville seeks to protect and safeguard the right and
opportunity of all persons to be free from unfair discrimination based on real or perceived race,
ethnicity, national origin, age, gender, gender identity, gender expression, familial status, marital
status, socioeconomic background, religion, sexual orientation, disability and veteran status; and
WHEREAS, the City of Fayetteville seeks to promote the public health and welfare of
all persons who live or work in the City of Fayetteville and to ensure that all persons within the
City have equal access to employment, housing, and public accommodations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas enacts Chapter 119
Civil Rights Administration as shown on Exhibit "A" attached hereto.
PASSED and APPROVED this 20`h day of August, 2014.
TEST:
6.
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SONDRA E. SMITH, City Clerk/Treasurer
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Revised September 8, 2014
by City Attorney office
EXHIBIT A
CHAPTER 119: CIVIL RIGHTS ADMINISTRATION
119.01 Purpose
The purpose of this chapter is to protect and safeguard
the right and opportunity of all persons to be free from
discrimination based on real or perceived race,
ethnicity, national origin, age, gender, gender identity,
gender expression, familial status, marital status,
socioeconomic background, religion, sexual orientation,
disability and veteran status. This chapter's purpose is
also to promote the public health and welfare of all
persons who live or work in the City of Fayetteville and
to ensure that all persons within the City have equal
access to employment, housing, and public
accommodations.
119.02 Definitions
(A) "Business Establishment" means any entity,
however organized, which furnishes goods,
services or accommodations to the general public.
An otherwise qualifying establishment which has
membership requirements is considered to furnish
services to the general public if its membership
requirements consist only of payment of fees or
consist only of requirements under which a
substantial portion of the residents of the city could
qualify.
(B) "Civil Rights Administrator" means the person
designated by the Mayor to receive, investigate
and conciliate complaints brought under this
chapter.
(C) "Disability" or "Disabled" means, with respect to an
individual, a physical or mental impairment, a
record of such an impairment, or being perceived
or regarded as having such impairment. For
purposes of this chapter, discrimination on the
basis of disability means that no covered entity
shall discriminate against a qualified individual with
a disability because of that individual's disability.
The term "qualified individual with a disability" shall
mean an individual with a. disability who, with or
without reasonable accommodation, can perform
the essential functions of the employment positions
that the individual holds or desires.
(D) "Discriminate, Discrimination or Discriminatory"
means any act, policy or practice that has the
effect of subjecting any person to differential
treatment as a result of that person's real or
perceived race, ethnicity, national origin, age (if 18
years of age or older), gender, gender identity,
gender expression, familial status, marital status,
socioeconomic background, religion, sexual
orientation, disability or veteran status.
(E) "Employee" means any individual employed by a
covered employer.
(F) "Employer" means any person, business or
organization which regularly employs five (5) or
more individuals, not including the employer's
parents, spouse or children. For purposes of this
chapter an employer "regularly" employs five (5)
individuals when the employer employs five (5) or
more individuals for each working day in any
twenty (20) or more calendar weeks in the current
or previous calendar year. For purposes of this
chapter an "employer" is also any person or entity
acting on behalf of an employer, directly or
indirectly, or any employment agency.
(G) "Familial status" means an individual's status as
parent or legal guardian to a child or children below
the age of eighteen (18) who may or may not
reside with that individual.
(H) "Gender" means actual or perceived sex.
(1) "Gender Identity" means a person's gender -related
identity, whether or not that identity is or is
perceived to be different from that traditionally
associated with the sex assigned to that individual
at birth.
(J) "Gender Expression" means a person's gender -
related appearance and behavior whether or not
that gender expression is or is perceived to be
different from that traditionally associated with the
person's assigned sex at birth.
(K) "Marital status" means an individual's status as
single, married, domestically partnered, divorced or
Widowed.
(L) "Place of public accommodation" means inns,
taverns, hotels, motels, restaurants, wholesale
outlets, retail outlets, banks, savings and loan
associations, other financial institutions, credit
information bureaus, insurance companies,
dispensaries, clinics, hospitals, theaters,
recreational parks and facilities, trailer camps,
garages, public halls, and all other establishments
within the City which offer goods, services,
accommodations and entertainment to the public.
A place of public accommodation does not include
any institution, club or other place of
accommodation, which by its nature is distinctly
private.
Revised September 8, 2014
by City Attorney office
(M) "Sexual orientation" means actual or perceived
heterosexuality, homosexuality or bisexuality.
(N) "Veteran status" means an individual's status as
one who served in the active military, naval or air
service, and who was discharged or released
under conditions other than dishonorable.
119.03 Prohibited Acts of Discrimination -
Employment
With regard to employment, it shall be unlawful for any
employer or labor organization to engage in any of the
following acts wholly or partially for a discriminatory
reason:
(A) To fail to hire, refuse to hire or discharge an
individual;
(B) To discriminate against any individual with respect
to compensation, terms, conditions or privileges of
employment, including promotion. Nothing in this
section shall be construed to require any employer
to provide benefits, such as insurance, to
individuals not employed by the employer;
(C) To limit, segregate or classify employees in any
way which would deprive or tend to deprive any
employee of employment opportunities, or which
would otherwise tend to adversely affect his or her
status as an employee;
(D) To fail or refuse to refer for employment any
individual in such a manner that would deprive an
individual of employment opportunities, that would
limit an individual's employment opportunities or
that would otherwise adversely affect an
individual's status as a prospective employee or as
an applicant for employment;
(E) To discriminate against an individual in admission
to, or employment in, any program established to
provide apprenticeship or other job training,
including on-the-job training programs;
(F) To print or publish, or cause to be printed or
published, any discriminatory notice or
advertisement relating to employment. This
subsection shall not be construed so as to expose
the person who prints or publishes the notice or
advertisement, such as a newspaper, to liability;
(G) To discriminate in referring an individual for
employment whether the referral is by an
employment agency, labor organization or any
other person.
119.04 Prohibited Acts of
Discrimination - Housing and Real Estate
Transactions
With regard to housing and real estate transactions,
which include both sales and leases, it shall be unlawful
to engage in any of the following acts wholly or partially
for a discriminatory reason:
(A) To discriminate by impeding, delaying,
discouraging or otherwise limiting or restricting any
transaction in real estate;
(B) To discriminate by imposing different terms on a
real estate transaction;
(C) To represent falsely that an interest in real estate is
not available for transaction;
(D) To include in the terms or conditions of a real
estate transaction any discriminatory clause,
condition or restriction;
(E) To discriminate in performing, or refusing to
perform, any act necessary to determine an
individual's financial ability to engage in a real
estate transaction;
(F) For a property manager to discriminate by refusing
to provide equal treatment of, or services to,
occupants of any real estate which he or she
manages;
(G) To make, print or publish, or cause to be made,
printed or published, any discriminatory notice,
statement or advertisement with respect to a real
estate transaction or proposed real estate
transaction, or financing relating thereto. This
subsection shall not be construed to prohibit
advertising directed to physically disabled persons
or persons over the age of fifty- five (55) for the
purpose of calling to their attention the existence or
absence of housing accommodations or services
for the physically disabled or elderly;
(H) To discriminate in any financial transaction
involving real estate on account of the location of
the real estate, be it residential or non-residential
("red -lining");
(1) For a real estate operator, a real estate broker, a
real estate salesperson, a financial institution, an
employee of any of these or any other person, for
the purposes of inducing a real estate transaction
from which such person may benefit financially, to
represent that a change has occurred or will or
may occur in the composition with respect to the
race, ethnicity, national origin, age, gender, gender
identity, gender expression, familial status, marital
Revised September 8, 2014
by City Attorney office
status, socioeconomic background, religion, sexual
orientation, disability or veteran status of the
owners or occupants in the block, neighborhood or
area in which the real property is located or to
represent that this change will or may result in the
lowering of property values, an increase in criminal
or antisocial behavior or a decline in the quality of
schools in the block, neighborhood or area In which
the real property is located ("block -busting");
(J) Notwithstanding the provisions of subsections (A)
through (1), it shall not be an unlawful
discriminatory practice for an owner to limit
occupancy on the basis of a person's low-income,
age over fifty-five (55) years or disability status in
accordance with federal or state law;
(K) Notwithstanding the provisions of subsections (A)
through (1), it shall not be an unlawful
discriminatory practice for an owner, lessor or
renter to refuse to rent, lease or sublease a portion
of a single family dwelling unit to a person as a
tenant, roomer or boarder where it is anticipated
that the owner, lessor or renter will be occupying
any portion of the single-family dwelling or to
refuse to rent, lease or sublease where it is
anticipated that the owner, lessor or renter will be
sharing either a kitchen or a bathroom with the
tenant, roomer or boarder.
(L) Notwithstanding any other provision of this chapter,
it is not an unlawful discriminatory practice to apply
or enforce the definition of "family" for zoning
purposes pursuant to § 151.01 of the Unified
Development Code.
119.05 Prohibited Acts of Discrimination -
Business Establishments or Public
Accommodations
It shall be unlawful for a business establishment or
place of public accommodation for a discriminatory
reason to deny, directly or indirectly, any person the full
enjoyment of the goods, services, facilities, privileges,
advantages and accommodations of any business
establishment or place of public accommodation,
unless required by state or federal law.
119.06 City Services, Facilities,
Transactions and Contracts
(A) The City of Fayetteville and all of its employees are
bound by the provisions of this chapter to the same
extent as private individuals and businesses.
(B) All contractors doing business with the City of
Fayetteville shall abide by this ordinance.
119.07 General Exceptions
(A) Any practice which has a discriminatory effect and
which would otherwise be prohibited by this
chapter shall not be deemed unlawful if it can be
established that the practice is not intentionally
devised to contravene the prohibitions of this
chapter and there exists no less discriminatory
means of satisfying a business purpose.
(B) This chapter shall not apply to any federal, state or
county government office or official, or any public
educational institution within the City.
(C) Unless otherwise prohibited by law, nothing
contained in this chapter shall be construed to
prohibit promotional activities such as senior citizen
discounts and other similar practices designed
primarily to encourage participation by a protected
group.
(D) It shall not be an unlawful discriminatory practice
for an employer to observe the conditions of a
bona fide seniority system or a bona fide employee
benefit system such as a retirement, pension or
insurance plan which is not a subterfuge or pretext
to evade the purposes of this chapter.
(E) It shall not be an unlawful discriminatory practice
for any person to carry out an affirmative action
plan as required by state or federal law, or by court
order.
(F) Nothing contained in this chapter shall be deemed
to prohibit selection or rejection based solely upon
a bona fide occupational qualification or a bona
fide physical requirement. Nothing contained in this
chapter shall be deemed to prohibit a religious or
denominational institution from selecting or
rejecting applicants and employees for non -secular
positions on the basis of the applicant's or
employee's conformance with the insfitution's
religious or denominational principles. If a party
asserts that an otherwise unlawful practice is
justified as a permissible bona fide occupational
qualification or a permissible bona fide physical
requirement, that party shall have the burden of
proving;
(1) That the discrimination is in fact a necessary
result of such a bona fide condition; and
(2) That there exists no less discriminatory means
of satisfying the bona fide requirement.
(G) If a party asserts that an otherwise unlawful
practice is justified as a permissible bona fide
religious or denominational preference, that party
shall have the burden of proving that the
discrimination is in fact a necessary result of such
a bona fide condition.
Revised September 8, 2014
by City Attorney office
(H) Any age restrictions required by state or federal
under this chapter.
law or regulations, including for the sale or delivery
of alcoholic beverages, are not improper age
(C) It is an unlawful discriminatory practice to cause or
discrimination under this chapter.
coerce, or attempt to cause or coerce, directly or
indirectly, any person in order to prevent that
(1) Nothing in this Chapter shall be construed to
person from complying with the provisions of this
require any religious or denominational institution
chapter.
or association to open its tax exempt property or
place of worship to any individual or group for any
119.10 Preservation of Business Records
ceremony or meeting, except for any activity or
service that is supported in whole or part by public
Where a complaint of discrimination has been filed
funds.
against a person under this ordinance, such person
(J) Designating a facility as a gender -segregated
shall preserve all records relevant to the complaint until
space shall not be a violation of this chapter.
a final disposition of the complaint.
Nothing in this chapter shall be construed as
119.11 Administration and Enforcement
allowing any person to enter any gender-
segregated space for any unlawful purpose.
(A) The Mayor shall designate the Civil Rights
119.08 Posting of Notices
Administrator, who shall administer this chapter
and be responsible for receiving, investigating and
conciliating complaints filed under this chapter. To
Every employer or entity subject to this chapter shall
be considered and administered by the Civil Rights
post and keep posted in a conspicuous location where
Administrator, complaints must be received in the
business or activity is customarily conducted or
Civil Rights Administrator's office no more than six
negotiated, a notice, the language and form of which
months after the alleged discriminatory action or, in
has been prepared by the City of Fayetteville, setting
the case of ongoing alleged discriminatory actions,
forth excerpts from or summaries of the pertinent
no more than six months after the most recent
provisions of this chapter and information pertinent to
incident of alleged discrimination. The Civil Rights
the enforcement of rights hereunder. The notice shall
Administrator shall prepare an easy to use
be in both English and Spanish. If over ten percent of
complaint form and make the form easily
an employer's employees speak, as their native
accessible to the public.
language, a language other than English or Spanish,
notices at that employer's place of business shall be
(B) The Civil Rights Administrator should first attempt
posted in that language. At the request of the employer
to eliminate the unlawful practice or practices
or entity, notices required by this section shall be
through conciliation or mediation. In conciliating a
provided by the City. Notices shall be posted within ten
complaint, the administrator should try to achieve a
days after receipt from the City.
just resolution and obtain assurances that the
respondent will satisfactorily remedy any violation
119.09 Retaliation Prohibited
of the complainant's rights and take action to
ensure the elimination of both present and future
(A) It is an unlawful discriminatory practice to coerce,
unlawful practices in compliance with this
threaten, retaliate against, interfere with or
chapter. If the Civil Rights Administrator
discriminate against a person because that person
determines that the complainant is not acting in
has opposed any practice made unlawful by this
good faith, the conciliation or mediation may be
chapter, has made a non -frivolous charge or
terminated and the complaint may be immediately
complaint, or has testified truthfully, assisted or
dismissed. If the respondent is not participating in
participated in an investigation, proceeding or
good faith, the complaint may be immediately
hearing pursuant to this chapter.
referred to the City Prosecutor's office.
(C) After any attempted conciliation or mediation, the
(B) It is unlawful discriminatory practice to require,
Civil Rights Administrator will refer any unresolved
request or suggest that person or entity retaliate
es y
complaint and complainant as needed to the City
against, interfere with, intimidate or discriminate
Prosecutors Office for appropriate further action,
aper
against a person because that person has opposed
including prosecution.
any practice made unlawful by this chapter, has
made a non -frivolous charge or has testified
(D) The filing of a complaint under this chapter does
truthfully, assisted or participated in an
not preclude any other state or federal remedies
investigation, proceeding or hearing authorized
i
that may be available to a complainant.
OFFICF. OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
CC: Sondra Smith, City Clerk/Treasurer
FROM: Kit Williams, City Attorney
DATE: September 8, 2014
RE: Further Correction to Civil Rights Administration Ordinance
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mullbrd
Pamiegai
City Clerk Sondra Smith has just informed me that Alderman Petty
apparently did not present the final amendment he had provided to everyone
at the Agenda Session during the City Council meeting when the ordinance
was amended and passed. Sondra reports that her review of the meeting's
video shows that Alderman Petty made the first two proposed minor
amendments, but before he could make his third amendment other aldermen
began to discuss another subject and he never officially made his third
amendment which would have changed the ordinance language from:
"(B) All contractors doing business with the City of Fayetteville
shall abide by this ordinance."
to
"(B) All contractors doing business with the City of Fayetteville
shall comply with this ordinance."
I had thought all of Alderman Petty's proposed amendments had been
moved for and adopted and so I changed "abide by" to "comply with" in
Exhibit A. I do not believe there is any legal difference between "abide by"
1
and "comply with." However, I think that Sondra Smith is correct and so
Exhibit A should use the "abide by" language rather than the "comply with"
language that was mistakenly never properly placed within Alderman Petty's
Motion to Amend.
Would these minor, technical changes to the passed Chapter 119 Civil
Rights Administration have any effect upon referendum petitions? I cannot
be certain and so encourage all referendum petitions have the Chapter 119
Civil Rights Administration with the scrivener's error corrections which
remove "physical characteristic" and change "comply with" to "abide by."
It has long been the law that "to every petition for the referendum shall
be attached a full and correct copy of the measure on which the referendum is
ordered." Townsend v. McDonald, 184 Ark. 273, 42 S.W.2d 410, 412 (1931).
However, that same Arkansas Supreme Court then held that there only had to
be "substantial compliance with the requirement of the statute."
More recent decisions of the Arkansas Supreme Court demonstrate an
intent to interpret Amendment 7 liberally in favor of granting special
elections. "Amendment 7 necessarily must be construed with some degree of
liberality in order that its purposes may well be effectuated." Yarbrough v.
Witty, 336 Ark. 479, 987 S.W.2d 257, 260 (1999).
"(S)ince that residuum of power remains in the electors, their acts
should not be thwarted by strict or technical construction." Leigh v. Hill, 232
Ark. 558, 339 S.W.2d 104,109 (1960).
When reviewing the referendum petitions submitted to call a Special
Election on the smoking ordinance, I stated the following regarding the
petitioner's failure to use the forms provided by the Secretary of State.
"Failure to use Secretary of State forms
Although A.C.A. §7-9-105 states that petitions for order of referendum `shall
be on forms provided by the Secretary of State and shall read as follows:', I believe
only substantial compliance can be legally required.
`We are firmly committed to a liberal construction of constitutional
Amendment No. 7, bearing in mind the purpose of its adoption and the
2
object it sought to accomplish. This amendment provides a necessary
and potent protection against ill-advised, oppressive or improvident
legislative functions, and actions of the electors thereunder, in
attempting to obtain relief, should not be thwarted by strict or technical
construction.' Cochran v. Black, 240 Ark. 393, 400 S.W. 2d 280, 283
(1966).
Although it is vitally important to a petition signer to have available the
measure which is the subject of the referendum petition before signing the petition, it
is of little importance that the petition is not on a "form provided by the Secretary of
State" as long as its wording is substantially consistent with the statutory language.
A.C.A. §7-9-105 (a). Providing recommended language for petitions and requiring
substantial compliance would facilitate the petition process of Amendment 7.
Disallowing a petition substantially using the required language because it was not on
an official form would be hypertechnical, overly strict, and could impair or abridge
the rights of the people pursuant to Amendment 7.
`(R)ights guaranteed by Amendment No. 7 may be facilitated by
Legislation, but not impaired or abridged.' Reynolds v. Hall, 222 Ark.
478, 261 S.W. 2d 405, 407 (1953)."
My position is that the original version of Chapter 119 Civil Rights
Administration provided to attorneys for a referendum is so substantially correct that
it meets the statutory and constitutional tests for a referendum. Its only differences
with the final version attached to this memo are scrivener's errors which make no
substantive change to the meaning and import of the ordinance.
If a person opposing certification of the referendum petition legally challenges
the referendum petitions because of these very minor scrivener's errors, I will be
prepared to defend our citizens' rights pursuant to Amendment 7 of the Arkansas
Constitution to review the decision of the City Council to pass this ordinance. I
believe that an attack because of these minor corrections (which are in no way the
responsibility or fault of those seeking the referendum) would be rejected as
hypercritical and technical by the Courts.
e
Revised September 8, 2014
by City Attorney office
EXHIBIT A
CHAPTER 119: CIVIL RIGHTS ADMINISTRATION
119.01 Purpose
The purpose of this chapter is to protect and safeguard
the right and opportunity of all persons to be free from
discrimination based on real or perceived race,
ethnicity, national origin, age, gender, gender identity,
gender expression, familial status, marital status,
socioeconomic background, religion, sexual orientation,
disability and veteran status. This chapters purpose is
also to promote the public health and welfare of all
persons who live or work in the City of Fayetteville and
to ensure that all persons within the City have equal
access to employment, housing, and public
accommodations.
119.02 Definitions
(A) "Business Establishment" means any entity,
however organized, which furnishes goods,
services or accommodations to the general public.
An otherwise qualifying establishment which has
membership requirements is considered to furnish
services to the general public if its membership
requirements consist only of payment of fees or
consist only of requirements under which a
substantial portion of the residents of the city could
qualify.
(B) "Civil Rights Administrator" means the person
designated by the Mayor to receive, investigate
and conciliate complaints brought under this
chapter.
(C) "Disability" or "Disabled" means, with respect to an
individual, a physical or mental impairment, a
record of such an impairment, or being perceived
or regarded as having such impairment. For
purposes of this chapter, discrimination on the
basis of disability means that no covered entity
shall discriminate against a qualified individual with
a disability because of that individual's disability.
The term "qualified individual with a disability" shall
mean an individual with a disability who, with or
without reasonable accommodation, can perform
the essential functions of the employment positions
that the individual holds or desires.
(D) "Discriminate, Discrimination or Discriminatory"
means any act, policy or practice that has the
effect of subjecting any person to differential
treatment as a result of that person's real or
perceived race, ethnicity, national origin, age (if 18
years of age or older), gender, gender identity,
gender expression, familial status, marital status,
socioeconomic background, religion, sexual
orientation, disability or veteran status.
(E) "Employee" means any individual employed by a
covered employer.
(F) "Employer' means any person, business or
organization which regularly employs five (5) or
more individuals, not including the employers
parents, spouse or children. For purposes of this
chapter an employer "regularly" employs five (5)
individuals when the employer employs five (5) or
more individuals for each working day in any
twenty (20) or more calendar weeks in the current
or previous calendar year. For purposes of this
chapter an "employer" is also any person or entity
acting on behalf of an employer, directly or
indirectly, or any employment agency.
(G) "Familial status" means an individual's status as
parent or legal guardian to a child or children below
the age of eighteen (18) who may or may not
reside with that individual.
(H) "Gender' means actual or perceived sex.
(1) "Gender Identity" means a person's gender -related
identity, whether or not that identity is or is
perceived to be different from that traditionally
associated with the sex assigned to that individual
at birth.
(J) "Gender Expression" means a person's gender -
related appearance and behavior whether or not
that gender expression is or is perceived to be
different from that traditionally associated with the
person's assigned sex at birth.
(K) "Marital status" means an individual's status as
single, married, domestically partnered, divorced or
widowed.
(L) "Place of public accommodation" means inns,
taverns, hotels, motels, restaurants, wholesale
outlets, retail outlets, banks, savings and loan
associations, other financial institutions, credit
information bureaus, insurance companies,
dispensaries, clinics, hospitals, theaters,
recreational parks and facilities, trailer camps,
garages, public halls, and all other establishments
within the City which offer goods, services,
accommodations and entertainment to the public.
A place of public accommodation does not include
any institution, club or other place of
accommodation, which by its nature is distinctly
private.
Revised September 8, 2014
by City Attorney office
(M) "Sexual orientation' means actual or perceived
heterosexuality, homosexuality or bisexuality.
(N) "Veteran status" means an individual's status as
one who served in the active military, naval or air
service, and who was discharged or released
under conditions other than dishonorable.
119.03 Prohibited Acts of Discrimination -
Employment
With regard to employment, it shall be unlawful for any
employer or labor organization to engage in any of the
following acts wholly or partially for a discriminatory
reason:
(A) To fail to hire, refuse to hire or discharge an
individual;
(B) To discriminate against any individual with respect
to compensation, terms, conditions or privileges of
employment, including promotion. Nothing in this
section shall be construed to require any employer
to provide benefits, such as insurance, to
individuals not employed by the employer;
(C) To limit, segregate or classify employees in any
way which would deprive or tend to deprive any
employee of employment opportunities, or which
would otherwise tend to adversely affect his or her
status as an employee;
(D) To fail or refuse to refer for employment any
individual in such a manner that would deprive an
individual of employment opportunities, that would
limit an individual's employment opportunities or
that would otherwise adversely affect an
individual's status as a prospective employee or as
an applicant for employment;
(E) To discriminate against an individual in admission
to, or employment in, any program established to
provide apprenticeship or other job training,
including on-the-job training programs;
(F) To print or publish, or cause to be printed or
published, any discriminatory notice or
advertisement relating to employment. This
subsection shall not be construed so as to expose
the person who prints or publishes the notice or
advertisement, such as a newspaper, to liability;
(G) To discriminate in referring an individual for
employment whether the referral is by an
employment agency, labor organization or any
other person.
119.04 Prohibited Acts of
Discrimination - Housing and Real Estate
Transactions
With regard to housing and real estate transactions,
which include both sales and leases, it shall be unlawful
to engage in any of the following acts wholly or partially
for a discriminatory reason:
(A) To discriminate by impeding, delaying,
discouraging or otherwise limiting or restricting any
transaction in real estate;
(B) To discriminate by imposing different terms on a
real estate transaction;
(C) To represent falsely that an interest in real estate is
not available for transaction;
(D) To include in the terms or conditions of a real
estate transaction any discriminatory clause,
condition or restriction;
(E) To discriminate in performing, or refusing to
perform, any act necessary to determine an
individual's financial ability to engage in a real
estate transaction;
(F) For a property manager to discriminate by refusing
to provide equal treatment of, or services to,
occupants of any real estate which he or she
manages;
(G) To make, print or publish, or cause to be made,
printed or published, any discriminatory notice,
statement or advertisement with respect to a real
estate transaction or proposed real estate
transaction, or financing relating thereto. This
subsection shall not be construed to prohibit
advertising directed to physically disabled persons
or persons over the age of fifty- five (55) for the
purpose of calling to their attention the existence or
absence of housing accommodations or services
for the physically disabled or elderly;
(H) To discriminate in any financial transaction
involving real estate on account of the location of
the real estate, be it residential or non-residential
("red -lining");
(1) For a real estate operator, a real estate broker, a
real estate salesperson, a financial institution, an
employee of any of these or any other person, for
the purposes of inducing a real estate transaction
from which such person may benefit financially, to
represent that a change has occurred or will or
may occur in the composition with respect to the
race, ethnicity, national origin, age, gender, gender
identity, gender expression, familial status, marital
Revised September S, 2014
by City Attorney office
status, socioeconomic background, religion, sexual
orientation, disability or veteran status of the
owners or occupants in the block, neighborhood or
area in which the real property is located or to
represent that this change will or may result in the
lowering of property values, an increase in criminal
or antisocial behavior or a decline in the quality of
schools in the block, neighborhood or area in which
the real property is located ("block -busting');
(J) Notwithstanding the provisions of subsections (A)
through (1), it shall not be an unlawful
discriminatory practice for an owner to limit
occupancy on the basis of a person's low-income,
age over fifty-five (55) years or disability status in
accordance with federal or state law;
(K) Notwithstanding the provisions of subsections (A)
through (1), it shall not be an unlawful
discriminatory practice for an owner, lessor or
renter to refuse to rent, lease or sublease a portion
of a single family dwelling unit to a person as a
tenant, roomer or boarder where it is anticipated
that the owner, lessor or renter will be occupying
any portion of the single-family dwelling or to
refuse to rent, lease or sublease where it is
anticipated that the owner, lessor or renter will be
sharing either a kitchen or a bathroom with the
tenant, roomer or boarder.
(L) Notwithstanding any other provision of this chapter,
it is not an unlawful discriminatory practice to apply
or enforce the definition of "family" for zoning
purposes pursuant to § 151.01 of the Unified
Development Code.
119.05 Prohibited Acts of Discrimination -
Business Establishments or Public
Accommodations
It shall be unlawful for a business establishment or
place of public accommodation for a discriminatory
reason to deny, directly or indirectly, any person the full
enjoyment of the goods, services, facilities, privileges,
advantages and accommodations of any business
establishment or place of public accommodation,
unless required by state or federal law.
119.06 City Services, Facilities,
Transactions and Contracts
(A) The City of Fayetteville and all of its employees are
bound by the provisions of this chapter to the same
extent as private individuals and businesses.
(B) All contractors doing business with the City of
Fayetteville shall abide by this ordinance.
119.07 General Exceptions
(A) Any practice which has a discriminatory effect and
which would otherwise be prohibited by this
chapter shall not be deemed unlawful if it can be
established that the practice is not intentionally
devised to contravene the prohibitions of this
chapter and there exists no less discriminatory
means of satisfying a business purpose.
(B) This chapter shall not apply to any federal, state or
county government office or official, or any public
educational institution within the City.
(C) Unless otherwise prohibited by law, nothing
contained in this chapter shall be construed to
prohibit promotional activities such as senior citizen
discounts and other similar practices designed
primarily to encourage participation by a protected
group.
(D) It shall not be an unlawful discriminatory practice
for an employer to observe the conditions of a
bona fide seniority system or a bona fide employee
benefit system such as a retirement, pension or
insurance plan which is not a subterfuge or pretext
to evade the purposes of this chapter.
(E) It shall not be an unlawful discriminatory practice
for any person to carry out an affirmative action
plan as required by state or federal law, or by court
order.
(F) Nothing contained in this chapter shall be deemed
to prohibit selection or rejection based solely upon
a bona fide occupational qualification or a bona
fide physical requirement. Nothing contained in this
chapter shall be deemed to prohibit a religious or
denominational institution from selecting or
rejecting applicants and employees for non -secular
positions on the basis of the applicant's or
employee's conformance with the institution's
religious or denominational principles. If a party
asserts that an otherwise unlawful practice is
justified as a permissible bona fide occupational
qualification or a permissible bona fide physical
requirement, that party shall have the burden of
proving:
(1) That the discrimination is in fact a necessary
result of such a bona fide condition; and
(2) That there exists no less discriminatory means
of satisfying the bona fide requirement.
(G) If a party asserts that an otherwise unlawful
practice is justified as a permissible bona fide
religious or denominational preference, that party
shall have the burden of proving that the
discrimination is in fact a necessary result of such
a bona fide condition.
Revised September 8, 2014
by City Attorney office
(H) Any age restrictions required by state or federal
law or regulations, including for the sale or delivery
of alcoholic beverages, are not improper age
discrimination under this chapter.
(1) Nothing in this Chapter shall be construed to
require any religious or denominational institution
or association to open its tax exempt property or
place of worship to any individual or group for any
ceremony or meeting, except for any activity or
service that is supported in whole or part by public
funds.
(J) Designating a facility as a gender -segregated
space shall not be a violation of this chapter.
Nothing in this chapter shall be construed as
allowing any person to enter any gender -
segregated space for any unlawful purpose.
119.08 Posting of Notices
Every employer or entity subject to this chapter shall
post and keep posted in a conspicuous location where
business or activity is customarily conducted or
negotiated, a notice, the language and form of which
has been prepared by the City of Fayetteville, setting
forth excerpts from or summaries of the pertinent
provisions of this chapter and information pertinent to
the enforcement of rights hereunder. The notice shall
be in both English and Spanish. If over ten percent of
an employer's employees speak, as their native
language, a language other than English or Spanish,
notices at that employer's place of business shall be
posted in that language. At the request of the employer
or entity, notices required by this section shall be
provided by the City. Notices shall be posted within ten
days after receipt from the City.
119.09 Retaliation Prohibited
(A) It is an unlawful discriminatory practice to coerce,
threaten, retaliate against, interfere with or
discriminate against a person because that person
has opposed any practice made unlawful by this
chapter, has made a non -frivolous charge or
complaint, or has testified truthfully, assisted or
participated in an investigation, proceeding or
hearing pursuant to this chapter.
(B) It is an unlawful discriminatory practice to require,
request or suggest that a person or entity retaliate
against, interfere with, intimidate or discriminate
against a person because that person has opposed
any practice made unlawful by this chapter, has
made a non -frivolous charge or has testified
truthfully, assisted or participated in an
investigation, proceeding or hearing authorized
under this chapter.
(C) It is an unlawful discriminatory practice to cause or
coerce, or attempt to cause or coerce, directly or
indirectly, any person in order to prevent that
person from complying with the provisions of this
chapter.
119.10 Preservation of Business Records
Where a complaint of discrimination has been filed
against a person under this ordinance, such person
shall preserve all records relevant to the complaint until
a final disposition of the complaint.
119.11 Administration and Enforcement
(A) The Mayor shall designate the Civil Rights
Administrator, who shall administer this chapter
and be responsible for receiving, investigating and
conciliating complaints filed under this chapter. To
be considered and administered by the Civil Rights
Administrator, complaints must be received in the
Civil Rights Administrator's office no more than six
months after the alleged discriminatory action or, in
the case of ongoing alleged discriminatory actions,
no more than six months after the most recent
incident of alleged discrimination. The Civil Rights
Administrator shall prepare an easy to use
complaint form and make the form easily
accessible to the public.
(B) The Civil Rights Administrator should first attempt
to eliminate the unlawful practice or practices
through conciliation or mediation. In conciliating a
complaint, the administrator should try to achieve a
just resolution and obtain assurances that the
respondent will satisfactorily remedy any violation
of the complainant's rights and take action to
ensure the elimination of both present and future
unlawful practices in compliance with this
chapter. If the Civil Rights Administrator
determines that the complainant is not acting in
good faith, the conciliation or mediation may be
terminated and the complaint may be immediately
dismissed. If the respondent is not participating in
good faith, the complaint may be immediately
referred to the City Prosecutor's office.
(C) After any attempted conciliation or mediation, the
Civil Rights Administrator will refer any unresolved
complaint and complainant as needed to the City
Prosecutor's Office for appropriate further action,
including prosecution.
(D) The filing of a complaint under this chapter does
not preclude any other state or federal remedies
that may be available to a complainant.
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
Sondra Smith, City Clerk/Treasurer
FROM: Kit Williams, City Attorney
DATE: September 5, 2014
RE: Scrivener's Error Civil Rights Administration Ordinance
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
Because I was concerned that "physical characteristic' was too vague and
uncertain a term for the Civil Rights Administration Ordinance, I requested that
Alderman Petty agree to its removal from the Human Rights Campaigns draft
ordinance. After discussing this on a conference call with the Human Rights
Campaigns attorneys, we agreed to remove "physical characteristic' from the
ordinance.
We did remove this definition from § 119.02 Definitions and also from the
definition of "Discriminate, Discrimination or Discriminatory." Unfortunately,
we did not realize "physical characteristic" was also in § 119.04 (I). This
oversight is what is termed a scrivener's error or clerical error which Black's Law
Dictionary defines as "An error resulting from a minor mistake or inadvertence,
esp. in writing or copying something...." We have uniformly corrected such past
scrivener's errors in ordinances to ensure the City Council's intent is made clear.
There is no need for a formal amendment to be passed by the City Council to
clear up or fix a scrivener's error.
I am glad attorney Mark Martin discovered this mistake before the
ordinance was actually enacted into the Fayetteville City Code. I have prepared
and provided to City Clerk Sondra Smith a corrected Chapter 119 with "physical
characteristic" removed everywhere including § 119.04 (1).
1
Revised by City Attorney
Septemeber 5, 2014
EXHIBIT A
CHAPTER 119: CIVIL RIGHTS ADMINISTRATION
119.01 Purpose
The purpose of this chapter is to protect and safeguard
the right and opportunity of all persons to be free from
discrimination based on real or perceived race,
ethnicity, national origin, age, gender, gender identity,
gender expression, familial status, marital status,
socioeconomic background, religion, sexual orientation,
disability and veteran status. This chapters purpose is
also to promote the public health and welfare of all
persons who live or work in the City of Fayetteville and
to ensure that all persons within the City have equal
access to employment, housing, and public
accommodations.
119.02 Definitions
(A) "Business Establishment" means any entity,
however organized, which furnishes goods,
services or accommodations to the general public.
An otherwise qualifying establishment which has
membership requirements is considered to furnish
services to the general public if its membership
requirements consist only of payment of fees or
consist only of requirements under which a
substantial portion of the residents of the city could
qualify.
(B) "Civil Rights Administrator" means the person
designated by the Mayor to receive, investigate
and conciliate complaints brought under this
chapter.
(C) "Disability" or "Disabled" means, with respect to an
individual, a physical or mental impairment, a
record of such an impairment, or being perceived
or regarded as having such impairment. For
purposes of this chapter, discrimination on the
basis of disability means that no covered entity
shall discriminate against a qualified individual with
a disability because of that individual's disability.
The term "qualified individual with a disability" shall
mean an individual with a disability who, with or
without reasonable accommodation, can perform
the essential functions of the employment positions
that the individual holds or desires.
(D) "Discriminate, Discrimination or Discriminatory"
means any act, policy or practice that has the
effect of subjecting any person to differential
treatment as a result of that person's real or
perceived race, ethnicity, national origin, age (if 18
years of age or older), gender, gender identity,
gender expression, familial status, marital status,
socioeconomic background, religion, sexual
orientation, disability or veteran status.
(E) "Employee" means any individual employed by a
covered employer.
(F) "Employer" means any person, business or
organization which regularly employs five (5) or
more individuals, not including the employers
parents, spouse or children. For purposes of this
chapter an employer "regularly" employs five (5)
individuals when the employer employs five (5) or
more individuals for each working day in any
twenty (20) or more calendar weeks in the current
or previous calendar year. For purposes of this
chapter an "employer' is also any person or entity
acting on behalf of an employer, directly or
indirectly, or any employment agency.
(G) "Familial status" means an individual's status as
parent or legal guardian to a child or children below
the age of eighteen (18) who may or may not
reside with that individual.
(H) "Gender' means actual or perceived sex.
(1) "Gender Identity" means a person's gender -related
identity, whether or not that identity is or is
perceived to be different from that traditionally
associated with the sex assigned to that individual
at birth.
(J) "Gender Expression" means a person's gender -
related appearance and behavior whether or not
that gender expression is or is perceived to be
different from that traditionally associated with the
person's assigned sex at birth.
(K) "Marital status" means an individual's status as
single, married, domestically partnered, divorced or
widowed.
(L) "Place of public accommodation" means inns,
taverns, hotels, motels, restaurants, wholesale
outlets, retail outlets, banks, savings and loan
associations, other financial institutions, credit
information bureaus, insurance companies,
dispensaries, clinics, hospitals, theaters,
recreational parks and facilities, trailer camps,
garages, public halls, and all other establishments
within the City which offer goods, services,
accommodations and entertainment to the public.
A place of public accommodation does not include
any institution, club or other place of
accommodation, which by its nature is distinctly
private.
Revised by City Attorney
Septemeber 5, 2014
(M) "Sexual orientation" means actual or perceived
heterosexuality, homosexuality or bisexuality.
(N) "Veteran status" means an individual's status as
one who served in the active military, naval or air
service, and who was discharged or released
under conditions other than dishonorable.
119.03 Prohibited Acts of Discrimination -
Employment
With regard to employment, it shall be unlawful for any
employer or labor organization to engage in any of the
following acts wholly or partially for a discriminatory
reason:
(A) To fail to hire, refuse to hire or discharge an
individual;
(B) To discriminate against any individual with respect
to compensation, terms, conditions or privileges of
employment, including promotion. Nothing in this
section shall be construed to require any employer
to provide benefits, such as insurance, to
individuals not employed by the employer;
(C) To limit, segregate or classify employees in any
way which would deprive or tend to deprive any
employee of employment opportunities, or which
would otherwise tend to adversely affect his or her
status as an employee;
(D) To fail or refuse to refer for employment any
individual in such a manner that would deprive an
individual of employment opportunities, that would
limit an individual's employment opportunities or
that would otherwise adversely affect an
individual's status as a prospective employee or as
an applicant for employment;
(E) To discriminate against an individual in admission
to, or employment in, any program established to
provide apprenticeship or other job training,
including on-the-job training programs;
(F) To print or publish, or cause to be printed or
published, any discriminatory notice or
advertisement relating to employment. This
subsection shall not be construed so as to expose
the person who prints or publishes the notice or
advertisement, such as a newspaper, to liability;
(G) To discriminate in referring an individual for
employment whether the referral is by an
employment agency, labor organization or any
other person.
119.04 Prohibited Acts of
Discrimination - Housing and Real Estate
Transactions
With regard to housing and real estate transactions,
which include both sales and leases, it shall be unlawful
to engage in any of the following acts wholly or partially
for a discriminatory reason:
(A) To discriminate by impeding, delaying,
discouraging or otherwise limiting or restricting any
transaction in real estate;
(B) To discriminate by imposing different terms on a
real estate transaction;
(C) To represent falsely that an interest in real estate is
not available for transaction;
(D) To include in the terms or conditions of a real
estate transaction any discriminatory clause,
condition or restriction;
(E) To discriminate in performing, or refusing to
perform, any act necessary to determine an
individual's financial ability to engage in a real
estate transaction;
(F) For a property manager to discriminate by refusing
to provide equal treatment of, or services to,
occupants of any real estate which he or she
manages;
(G) To make, print or publish, or cause to be made,
printed or published, any discriminatory notice,
statement or advertisement with respect to a real
estate transaction or proposed real estate
transaction, or financing relating thereto. This
subsection shall not be construed to prohibit
advertising directed to physically disabled persons
or persons over the age of fifty- five (55) for the
purpose of calling to their attention the existence or
absence of housing accommodations or services
for the physically disabled or elderly;
(H) To discriminate in any financial transaction
involving real estate on account of the location of
the real estate, be it residential or non-residential
("red -lining");
(1) For a real estate operator, a real estate broker, a
real estate salesperson, a financial institution, an
employee of any of these or any other person, for
the purposes of inducing a real estate transaction
from which such person may benefit financially, to
represent that a change has occurred or will or
may occur in the composition with respect to the
race, ethnicity, national origin, age, gender, gender
identity, gender expression, familial status, marital
Revised by City Attorney
Septemeber 5, 2014
status, socioeconomic background, religion, sexual
orientation, disability or veteran status of the
owners or occupants in the block, neighborhood or
area in which the real property is located or to
represent that this change will or may result in the
lowering of property values, an increase in criminal
or antisocial behavior or a decline in the quality of
schools in the block, neighborhood or area in which
the real property is located ("block -busting");
(J) Notwithstanding the provisions of subsections (A)
through (1), it shall not be an unlawful
discriminatory practice for an owner to limit
occupancy on the basis of a person's low-income,
age over fifty-five (55) years or disability status in
accordance with federal or state law;
(K) Notwithstanding the provisions of subsections (A)
through (1), it shall not be an unlawful
discriminatory practice for an owner, lessor or
renter to refuse to rent, lease or sublease a portion
of a single family dwelling unit to a person as a
tenant, roomer or boarder where it is anticipated
that the owner, lessor or renter will be occupying
any portion of the single-family dwelling or to
refuse to rent, lease or sublease where it is
anticipated that the owner, lessor or renter will be
sharing either a kitchen or a bathroom with the
tenant, roomer or boarder.
(L) Notwithstanding any other provision of this chapter,
it is not an unlawful discriminatory practice to apply
or enforce the definition of "family" for zoning
purposes pursuant to § 151.01 of the Unified
Development Code.
119.05 Prohibited Acts of Discrimination -
Business Establishments or Public
Accommodations
It shall be unlawful for a business establishment or
place of public accommodation for a discriminatory
reason to deny, directly or indirectly, any person the full
enjoyment of the goods, services, facilities, privileges,
advantages and accommodations of any business
establishment or place of public accommodation,
unless required by state or federal law.
119.06 City Services, Facilities,
Transactions and Contracts
(A) The City of Fayetteville and all of its employees are
bound by the provisions of this chapter to the same
extent as private individuals and businesses.
(B) All contractors doing business with the City of
Fayetteville shall comply with this ordinance.
119.07 General Exceptions
(A) Any practice which has a discriminatory effect and
which would otherwise be prohibited by this
chapter shall not be deemed unlawful if it can be
established that the practice is not intentionally
devised to contravene the prohibitions of this
chapter and there exists no less discriminatory
means of satisfying a business purpose.
(B) This chapter shall not apply to any federal, state or
county government office or official, or any public
educational institution within the City.
(C) Unless otherwise prohibited by law, nothing
contained in this chapter shall be construed to
prohibit promotional activities such as senior citizen
discounts and other similar practices designed
primarily to encourage participation by a protected
group.
(D) It shall not be an unlawful discriminatory practice
for an employer to observe the conditions of a
bona fide seniority system or a bona fide employee
benefit system such as a retirement, pension or
insurance plan which is not a subterfuge or pretext
to evade the purposes of this chapter.
(E) It shall not be an unlawful discriminatory practice
for any person to carry out an affirmative action
plan as required by state or federal law, or by court
order.
(F) Nothing contained in this chapter shall be deemed
to prohibit selection or rejection based solely upon
a bona fide occupational qualification or a bona
fide physical requirement. Nothing contained in this
chapter shall be deemed to prohibit a religious or
denominational institution from selecting or
rejecting applicants and employees for non -secular
positions on the basis of the applicant's or
employee's conformance with the institution's
religious or denominational principles. If a party
asserts that an otherwise unlawful practice is
justified as a permissible bona fide occupational
qualification or a permissible bona fide physical
requirement, that party shall have the burden of
proving:
(1) That the discrimination is in fact a necessary
result of such a -bona fide -condition -,and
(2) That there exists no less discriminatory means
of satisfying the bona fide requirement.
(G) If a party asserts that an otherwise unlawful
practice is justified as a permissible bona fide
religious or denominational preference, that party
shall have the burden of proving that the
discrimination is in fact a necessary result of such
a bona fide condition.
Revised by City Attorney
Septemeber S, 2014
(H) Any age restrictions required by state or federal
under this chapter.
law or regulations, including for the sale or delivery
of alcoholic beverages, are not improper age
(C) It is an unlawful discriminatory practice to cause or
discrimination under this chapter,
coerce, or attempt to cause or coerce, directly or
indirectly, any person in order to prevent that
(1) Nothing in this Chapter shall be construed to
person from complying with the provisions of this
require any religious or denominational institution
chapter.
or association to open its tax exempt property or
place of worship to any individual or group for any
119.10 Preservation of Business Records
ceremony or meeting, except for any activity or
service that is supported in whole or part by public
funds.
Where a complaint of discrimination has been filed
against a person under this ordinance, such person
(J) Designating a facility as a gender -segregated
shall preserve all records relevant to the complaint until
space shall not be a violation of this chapter.
a final disposition of the complaint.
Nothing in this chapter shall be construed as
allowing any person to enter any gender-
119.11 Administration and Enforcement
segregated space for any unlawful purpose.
(A) The Mayor shall designate the Civil Rights
119.08 Posting of Notices
Administrator, who shall administer this chapter
and be responsible for receiving, investigating and
conciliating complaints filed under this chapter. To
Every employer or entity subject to this chapter shall
considered and administered by the Civil Rights
post and keep posted in a conspicuous location where
Administrator, complaints must be received in the
Ad
business or activity is customarily conducted or
Civil Rights Administrator's office no more than six
negotiated, a notice, the language and form of which
months after the alleged discriminatory action or, in
has been prepared by the City of Fayetteville, setting
the case of ongoing alleged discriminatory actions,
forth excerpts from or summaries of the pertinent
more than six months after the most recent
provisions of this chapter and information pertinent to
iincident alleged discrimination. The Civil Rights
n
the enforcement of rights hereunder. The notice shall
tor shall prepare an easy to use
Administrator
be in both English and Spanish. If over ten percent of
complaint form and make the form easily
an employers employees speak, as their native
accessible to the public.
language, a language other than English or Spanish,
notices at that employer's place of business shall be
(B) The Civil Rights Administrator should first attempt
posted in that language. At the request of the employer
to eliminate the unlawful practice or practices
or entity, notices required by this section shall be
through conciliation or mediation. In conciliating a
provided by the City. Notices shall be posted within ten
complaint, the administrator should try to achieve a
days after receipt from the City.
just resolution and obtain assurances that the
respondent will satisfactorily remedy any violation
119.09 Retaliation Prohibited
of the complainant's rights and take action to
ensure the elimination of both present and future
(A) It is an unlawful discriminatory practice to coerce,
unlawful practices in compliance with this
threaten, retaliate against, interfere with or
chapter. If the Civil Rights Administrator
discriminate against a person because that person
determines that the complainant is not acting in
has opposed any practice made unlawful by this
good faith, the conciliation or mediation may be
chapter, has made a non -frivolous charge or
terminated and the complaint may be immediately
complaint, or has testified truthfully, assisted or
dismissed. If the respondent is not participating in
participated in an investigation, proceeding or
good faith, the complaint may be immediately
hearing pursuant to this chapter.
referred to the City Prosecutor's office.
(B) It is an unlawful discriminatory practice to require,
(C) After any attempted conciliation or mediation, the
request or suggest that a person or entity retaliate
Civil Rights Administrator will refer any unresolved
against, interfere with, intimidate or discriminate
complaint and complainant as needed to the City
against a person because that person has opposed
Prosecutor's Office for appropriate further action,
any practice made unlawful by this chapter, has
including prosecution.
made a non -frivolous charge or has testified
(D) The filing of a complaint under this chapter does
truthfully, assisted or participated in an
investigation, proceeding or hearing authorized
not preclude any other state or federal remedies
that may be available to a complainant.
ORDINANCE NO. 5703
AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING
CHAPTER 119 CIVIL RIGHTS ADMINISTRATION TO PROTECT THE
CIVIL RIGHTS OF FAYETTEVILLE CITIZENS AND VISITORS AND TO
CREATE THE POSITION OF CIVIL RIGHTS ADMINISTRATOR FOR THE
CITY OF FAYETTEVILLE
WHEREAS, the City of Fayetteville seeks to protect and safeguard the right and
opportunity of all persons to be free from unfair discrimination based on real or perceived race,
ethnicity, national origin, age, gender, gender identity, gender expression, familial status, marital
status, socioeconomic background, religion, sexual orientation, disability and veteran status; and
WHEREAS, the City of Fayetteville seeks to promote the public health and welfare of
all persons who live or work in the City of Fayetteville and to ensure that all persons within the
City have equal access to employment, housing, and public accommodations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas enacts Chapter 119
Civil Rights Administration as shown on Exhibit "A" attached hereto.
PASSED and APPROVED this 20'" day of August, 2014.
TEST:
0o6. AtL
SONDRA E. SMITH, City Clerk/Treasurer
Y aF
fAY-TTr l.c:
,;�:RKANSP J
Original Exhibit passed on August 20, 2014. Final revision was September 8, 2014.
EXHIBIT A
CHAPTER 119: CIVIL RIGHTS ADMINISTRATION
119.01 Purpose
The purpose of this chapter is to protect and safeguard the right and opportunity of all persons to be free from
discrimination based on real or perceived race, ethnicity, national origin, age, gender, gender identity, gender
expression, familial status, marital status, socioeconomic background, religion, sexual orientation, disability and veteran
status. This chapter's purpose is also to promote the public health and welfare of all persons who live or work in the City
of Fayetteville and to ensure that all persons within the City have equal access to employment, housing, and public
accommodations.
119.02 Definitions
41
(A) "Business Establishment" means any entity, however organic, ed r 1i furnishes goods servigces,or accommodations
to the general public. An otherwise qualifying establishrpent whi .has membership requiren4s is considered to
furnish services to the general public if its membershiµ equire-menfs tp rs(st only of payment o - ees or consist only
of requirements under which a substantial portion of the residents of the-cit�uld qualify.
,& .w ..
(B) "Civil Rights Administrator' means the person design by the Mayors -f ceive roves agate and conciliate
complaints brought under this chapter.
��
(C) "Disability" or "Disabled" means wit F e��#�a. n individual a' a y&icaI or mental i ent a record of such an
impairment, or being perceived orr garde ashaat r uch impaifif e�Jt For purposes o this chapter, discrimination
on the basis of disabilitymeans that no covered enit i discnmin �e amst a qualified individual with a disability
because of that individual s disabi ity. The term quahfi 91 vidual wits disabi" shall mean an individual with a
disability who, with or without reasonable accommoda�it3Er n perform a easenhal functions of the employment
positions that the individual hold r desires.
9
(D) "Discriminate, Discnrn;ation orad cr'minatory" means any a policy or practice that has the effect of subjecting
any person to di fete I treatmentza result of that person s real or perceived race, ethnicity, national origin, age
(if 18 years of age A older) gehdgr�, gender identity, g'nder expression, familial status, marital status,
NR
socioeconomic background, religion, sextaolentation, disabdikj'r'or veteran status.
(E) "Empt Vyte" means any
(F) "Employny persorbusiness or organization which regularly employs five (5) or more individuals, not
including theerndloygr s parents spouse or children. For purposes of this chapter an employer "regularly" employs
l s.r
five (5) individuals wa t1 - empmer employs five (5) or more individuals for each working day in any twenty (20)
or more calendar weeks t ffie cu r"etrt or previous calendar year. For purposes of this chapter an "employer" is also
-
any person or entity acting dn.'t halfpf an employer, directly or indirectly, or any employment agency.
(G) "Familial status" means an individu4s'status as parent or legal guardian to a child or children below the age of
eighteen (18) who may or may not reside with that individual.
(H) "Gender' means actual or perceived sex.
(1) "Gender Identity" means a person's gender -related identity, whether or not that identity is or is perceived to be
different from that traditionally associated with the sex assigned to that individual at birth.
(J) "Gender Expression" means a person's gender -related appearance and behavior whether or not that gender
expression is or is perceived to be different from that traditionally associated with the person's assigned sex at birth.
(K) "Marital status" means an individual's status as single, married, domestically partnered, divorced or widowed.
(L) "Place of public accommodation" means inns, taverns, hotels, motels, restaurants, wholesale outlets, retail outlets,
banks, savings and loan associations, other financial institutions, credit information bureaus, insurance companies,
dispensaries, clinics, hospitals, theaters, recreational parks and facilities, trailer camps, garages, public halls, and all
other establishments within the City which offer goods, services, accommodations and entertainment to the public. A
place of public accommodation does not include any institution, club or other place of accommodation, which by its
nature is distinctly private.
(M) "Sexual orientation" means actual or perceived heterosexuality, homosexuality or bisexuality.
(N) "Veteran status" means an individual's status as one who served in the active military, naval or air service, and who
was discharged or released under conditions other than dishonorable.
119.03 Prohibited Acts of Discrimination - Employment
With regard to employment, it shall be unlawful for any employer or laborroganrzation engage in any of the following
acts wholly or partially for a discriminatory reason:
(A) To fail to hire, refuse to hire or discharge an individual;
(B) To discriminate against any individual with respect to compensati terms, conditions or privileges of employment,
including promotion. Nothing in this section shall be strued to req irte any employer to provtaeybenefits, such as
insurance, to individuals not employed by the empl+er,
01
ore
(C) To limit, segregate or classify employees in any way '.would depriverR emend to deprue any employee of
employment opportunities, or which would otherwise tend to t3uergely affect his herstatus=as an employee;
(D) To fail or refuse to refer for em�l�,gyment an r� jdual in sucltamanner that w��uld deprive an individual of
employment opportunities that uld hmd an trj wA al s emp'rry A opportunffies or that would otherwise
adversely affect an individuals status as a prospectrve� jm"loyee oras lj pplicant for employment;
(E) To discriminate against an ind ual in admission to,aployment it any program established to provide
apprenticeship or otherjob train] ncluding on-the-job traifiln �Orograms,7
(F) To print or publrcause to ; ted or published, an
(F) notice or advertisement relating to
employment. This subsection shalt') construed so as to ose the person who prints or publishes the notice
or advertisement, such Ab newspaper lgatability;
(G) To dis'�lininate in referring an individual foY p1'"e" 'hether the referral is by an employment agency, labor
org ]zafon_or any other person.
119.04 Pr i i d Acts of Discrimination - Housing and Real Estate Transactions
With regard to housing andlea eY satt ansactions, which include both sales and leases, it shall be unlawful to engage
4 ..
in any of the following acts wholly or,�artia ly for a discriminatory reason:
(A) To discriminate by impeding, delaying, discouraging or otherwise limiting or restricting any transaction in real estate;
(B) To discriminate by imposing different terms on a real estate transaction;
(C) To represent falsely that an interest in real estate is not available for transaction;
(D) To include in the terms or conditions of a real estate transaction any discriminatory clause, condition or restriction;
(E) To discriminate in performing, or refusing to perform, any act necessary to determine an individual's financial ability
to engage in a real estate transaction;
(F) For a property manager to discriminate by refusing to provide equal treatment of, or services to, occupants of any
real estate which he or she manages;
(G) To make, print or publish, or cause to be made, printed or published, any discriminatory notice, statement or
advertisement with respect to a real estate transaction or proposed real estate transaction, or financing relating
thereto. This subsection shall not be construed to prohibit advertising directed to physically disabled persons or
persons over the age of fifty- five (55) for the purpose of calling to their attention the existence or absence of
housing accommodations or services for the physically disabled or elderly;
(H) To discriminate in any financial transaction involving real estate on account of the location of the real estate, be it
residential or non-residential ("red -lining");
(1) For a real estate operator, a real estate broker, a real estate salesperson, a financial institution, an employee of any
of these or any other person, for the purposes of inducing a real estate transaction from which such person may
benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to
the race, ethnicity, national origin, age, gender, gender identity, gender expression, familial status, marital status,
socioeconomic background, religion, sexual orientation, physical characteris ic$ ,isability or veteran status of the
Hs` r x. ,:
owners or occupants in the block, neighborhood or area in which the re?Iperty�sJted or to represent that this
change will or may result in the lowering of property values, anj,crease in chi ip R antisocial behavior or a
decline in the quality of schools in the block, neighborhood or "a in which themeaL y is located ("block -
busting");
OV
(J) Notwithstanding the provisions of subsections (A) through (1) it sh 't>be an unlawful discri tory practice for an
owner to limit occupancy on the basis of a person'slow-income er fifty-five (55) years disability status in
accordance with federal or state law;
(K) Notwithstanding the provisions of subsections (Ahrougi&(I' t shall not be an,Pyyn�lawful discrin a ory practice for an
owner, lessor or renter to refuse to rent, lease or subleatd ion of a sin illy dwelling nit to a person as a
tenant, roomer or boarder where it is anticipated that the owrLer�%esssor or renterw Jl b"e occupying any portion of the
single-family dwelling or to refuse tc n,M_ i' sublease w e is anticipated f iat`= a owner, lessor or renter
will be sharing either a kitchen or ..Niroom w .- h Want ro'o boarder.
or
(L) Notwithstanding any other provis on of this chapter it = n unlawto , I story practice to apply or enforce
the definition of "family" for zong purposes pursuant to 1 1 of the 177�>fre evelopment Code.
119.05 Prohibited Acts of Disc imination - BusinesNstablishments or Public
It shall be unlawful for a buellxtess establistr e"tremor place of pubhcccommodation for a discriminatory reason to deny,
directly or indirectly, any person the full eh�lay nt of the ggbds, services, facilities, privileges, advantages and
accommod tions of any busine�establishinViR. rc accommodation, unless required by state or federal
law.
119.05 CityS Carr Facts, Transactions and Contracts
(A) The City of Fayettevi eal employees are bound by the provisions of this chapter to the same extent as
private individuals and busill s' ,}
(B) All contractors doing business with the'City of Fayetteville shall comply with this ordinance.
119.07 General Exceptions
(A) Any practice which has a discriminatory effect and which would otherwise be prohibited by this chapter shall not be
deemed unlawful if it can be established that the practice is not intentionally devised to contravene the prohibitions
of this chapter and there exists no less discriminatory means of satisfying a business purpose.
(B) This chapter shall not apply to any federal, state or county government office or official, or any public educational
institution within the City.
(C) Unless otherwise prohibited by law, nothing contained in this chapter shall be construed to prohibit promotional
activities such as senior citizen discounts and other similar practices designed primarily to encourage participation
by a protected group.
(D) It shall not be an unlawful discriminatory practice for an employer to observe the conditions of a bona fide seniority
system or a bona fide employee benefit system such as a retirement, pension or insurance plan which is not a
subterfuge or pretext to evade the purposes of this chapter.
(E) It shall not be an unlawful discriminatory practice for any person to carry out an affirmative action plan as required by
state or federal law, or by court order.
(F) Nothing contained in this chapter shall be deemed to prohibit selection or rejection based solely upon a bona fide
occupational qualification or a bona fide physical requirement. Nothing contained in this chapter shall be deemed to
prohibit a religious or denominational institution from selecting or rejecting applicants and employees for non -secular
positions on the basis of the applicant's or employee's conformance with the institution's religious or denominational
principles. If a party asserts that an otherwise unlawful practice is justified gkgq,peynissible bona fide occupational
qualification or a permissible bona fide physical requirement, that party sit#Wfia_�e 1 tx gen of proving:
AWI
(1) That the discrimination is in fact a necessary result of such a b ha fide condition an
(2) That there exists no less discriminatory means of satisLytng3h bgna fide requirement. 17
(G) If a party asserts that an otherwise unlawful price is lusti itty.a permissible bo aide religious or
denominational preference, that party shall have th6 4, of proving th tut a discrimination rein fact a necessary
result of such a bona fide condition. �'
(H) Any age restrictions required by state or federal law or reg aeons, including.,- the sale, delivery of alcoholic
beverages, are not improper age discnmiq t,under this chapter k
,'�-��ter„
(1) Nothing in this Chapter shall beconstrued to'feq r�a rehgrousgddenominatwr(a) institution or association to
open its tax exempt property orypf oe of worship to an (djurdual or g fb p for any ceremony or meeting, except for
any activity or service that is sup pried in whole or part tQ tpb1.blic funds"
WE
(J) Designating a facility as a gendt segregated space shall rib tj a violati?p this chapter. Nothing in this chapter
shall be construed asallowing aoy-Berson to enter any genda regated�space for any unlawful purpose
119.08 Posting of Noires g
Every employer or entity sub'Mto this c*halEl��I,�& post and ked p sted in a conspicuous location where business or
activity is c- tomarily conductd Ulp negotiate a o f h Wage and form of which has been prepared by the City
of Fayetteeyilfesetting forth ex'cedpts from or sumofhe pertinent provisions of this chapter and information
pertini tQ or merit of njpts hereunder. The notice shall be in both English and Spanish. If over ten percent of
an employer`s ees speaks their native language, a language other than English or Spanish, notices at that
employers place ofbu hall t3a, osted in that language. At the request of the employer or entity, notices required
by this section shallbe prod( 1 bey theCity. Notices shall be posted within ten days after receipt from the City.
119.09 Retaliation
(A) It is an unlawful discriminatory practice to coerce, threaten, retaliate against, interfere with or discriminate against a
person because that person has opposed any practice made unlawful by this chapter, has made a non -frivolous
charge or complaint, or has testified truthfully, assisted or participated in an investigation, proceeding or hearing
pursuant to this chapter.
(B) It is an unlawful discriminatory practice to require, request or suggest that a person or entity retaliate against,
interfere with, intimidate or discriminate against a person because that person has opposed any practice made
unlawful by this chapter, has made a non -frivolous charge or has testified truthfully, assisted or participated in an
investigation, proceeding or hearing authorized under this chapter.
(C) It is an unlawful discriminatory practice to cause or coerce, or attempt to cause or coerce, directly or indirectly, any
person in order to prevent that person from complying with the provisions of this chapter.
119.10 Preservation of Business Records
Where a complaint of discrimination has been filed against a person under this ordinance, such person shall preserve all
records relevant to the complaint until a final disposition of the complaint.
119.11 Administration and Enforcement
(A) The Mayor shall designate the Civil Rights Administrator, who shall administer this chapter and be responsible for
receiving, investigating and conciliating complaints filed under this chapter. To be considered and administered by
the Civil Rights Administrator, complaints must be received in the Civil Rights Administrator's office no more than six
months after the alleged discriminatory action or, in the case of ongoing alleged discriminatory actions, no more than
six months after the most recent incident of alleged discrimination. The Civil Rights Administrator shall prepare an
easy to use complaint form and make the form easily accessible to the public_,
(B) The Civil Rights Administrator should first attempt to eliminate the
or mediation. In conciliating a complaint, the administrator sh
assurances that the respondent will satisfactorily remedy any v!Ql
ensure the elimination of both present and future unlawful ptacl
Rights Administrator determines that the complainant is noa lfi
terminated and the complaint may be immediately dismissed. If tt
complaint maybe immediately referred to the City Prs¢cutors off
(C) After any attempted conciliation or mediation, thI is Adr
complainant as needed to the City Prosecutors office foopri
of the complair
in compliance
od faith, the cc
mondent is not
other
:r any uni
including
m through conciliation
resolution and obtain
hts and take action to
.,Shapter. If the Civil
C mediation may be
fmg,in good faith, the
complaint and
that may be
Legistar ID No.: -201 q 0,X 0.3
AGENDA REQUEST
FOR: COUNCIL MEETING OF July 15, 2014
FROM:
CITY COUNCIL MEMBER Matthew Petty
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING CHAPTER 119
CIVIL RIGHTS ADMINISTRATION TO PROTECT THE CIVIL RIGHTS OF
FAYETTEVILLE CITIZENS AND VISITORS AND TO CREATE THE POSITION OF CIVIL
RIGHTS ADMINISTRATOR FOR THE CITY OF FAYETTEVILLE
APPROVED FOR AGENDA:
CittCouncil Member Matthew Petty
Assistant City Attorney Blake Pennington
(as to form)
20�
Date
-�-/zl lei
Date
Pennington, Blake
From:
matt@matthewpetty.org on behalf of Matthew Petty - Fayetteville Ward 2
<citycounci I@matthewpetty.o rg>
Sent:
Thursday, May 15, 2014 3:09 PM
To:
Williams, Kit
Cc:
Pennington, Blake; James Rector
Subject:
Anti -Discrimination Ordinance
Attachments:
Fayetteville HRO 5.15.2014.docx
Hi Kit,
Attached is a draft Anti -Discrimination Ordinance that I would like to get passed in Fayetteville. It targets
discrimination in housing transactions and employment decisions.
I want to introduce it at the first meeting in July. Can you guys take a look at it and think about how it might
need to be adapted for consistency with Arkansas and municipal code? I'd like to have a first meeting on it
the week of the 26th (or I can do late next week).
Thanks for your help,
M
ORDINANCE NO.
AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING
CHAPTER 119 CIVIL RIGHTS ADMINISTRATION TO PROTECT THE
CIVIL RIGHTS OF FAYETTEVILLE CITIZENS AND VISITORS AND TO
CREATE THE POSITION OF CIVIL RIGHTS ADMINISTRATOR FOR THE
CITY OF FAYETTEVILLE
WHEREAS, the City of Fayetteville seeks to protect and safeguard the right and
opportunity of all persons to be free from unfair discrimination based on real or perceived race,
ethnicity, national origin, age, gender, gender identity, gender expression, familial status, marital
status, socioeconomic background, religion, sexual orientation, disability and veteran status; and
WHEREAS, the City of Fayetteville seeks to promote the public health and welfare of
all persons who live or work in the City of Fayetteville and to ensure that all persons within the
City have equal access to employment, housing, and public accommodations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas enacts Chapter 119
Civil Rights Administration as shown on Exhibit "A" attached hereto.
PASSED and APPROVED this
Wo 91161TA a 13
day of 2014.
ATTEST:
By: By:
LIONELD JORDAN, Mayor
SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT A
CHAPTER 119: CIVIL RIGHTS ADMINISTRATION
119.01 Purpose
The purpose of this chapter is to protect and safeguard
the right and opportunity of all persons to be free from
discrimination based on real or perceived race,
ethnicity, national origin, age, gender, gender identity,
gender expression, familial status, marital status,
socioeconomic background, religion, sexual orientation,
disability and veteran status. This chapter's purpose is
also to promote the public health and welfare of all
persons who live or work in the City of Fayetteville and
to ensure that all persons within the City have equal
access to employment, housing, and public
accommodations.
119.02 Definitions
(A) "Business Establishment" means any entity,
however organized, which furnishes goods,
services or accommodations to the general public.
An otherwise qualifying establishment which has
membership requirements is considered to furnish
services to the general public if its membership
requirements consist only of payment of fees or
consist only of requirements under which a
substantial portion of the residents of the city could
qualify.
(B) "Civil Rights Administrator" means the person
designated by the Mayor to receive, investigate
and conciliate complaints brought under this
chapter.
(C) "Disability" or "Disabled" means, with respect to an
individual, a physical or mental impairment, a
record of such an impairment, or being perceived
or regarded as having such impairment. For
purposes of this chapter, discrimination on the
basis of disability means that no covered entity
shall discriminate against a qualified individual with
a disability because of that individual's disability.
The term "qualified individual with a disability" shall
mean an individual with a disability who, with or
without reasonable accommodation, can perform
the essential functions of the employment positions
that the individual holds or desires.
(D) "Discriminate, Discrimination or Discriminatory"
means any act, policy or practice that has the
effect of subjecting any person to differential
treatment as a result of that person's real or
perceived race, ethnicity, national origin, age (if 18
years of age or older), gender, gender identity,
gender expression, familial status, marital status,
socioeconomic background, religion, sexual
orientation, disability or veteran status.
(E) "Employee" means any individual employed by a
covered employer.
(F) "Employer' means any person, business or
organization which regularly employs five (5) or
more individuals, not including the employer's
parents, spouse or children. For purposes of this
chapter an employer "regularly" employs five (5)
individuals when the employer employs five (5) or
more individuals for each working day in any
twenty (20) or more calendar weeks in the current
or previous calendar year. For purposes of this
chapter an "employer" is also any person or entity
acting on behalf of an employer, directly or
indirectly, or any employment agency.
(G) "Familial status" means an individual's status as
parent or legal guardian to a child or children below
the age of eighteen (18) who may or may not
reside with that individual.
(H) "Gender' means actual or perceived sex.
(1) "Gender Identity" means a person's gender -related
identity, whether or not that identity is or is
perceived to be different from that traditionally
associated with the sex assigned to that individual
at birth.
(J) "Gender Expression" means a person's gender -
related appearance and behavior whether or not
that gender expression is or is perceived to be
different from that traditionally associated with the
person's assigned sex at birth.
(K) "Marital status" means an individual's status as
single, married, domestically partnered, divorced or
widowed.
(L) "Place of public accommodation" means inns,
taverns, hotels, motels, restaurants, wholesale
outlets, retail outlets, banks, savings and loan
associations, other financial institutions, credit
information bureaus, insurance companies,
dispensaries, clinics, hospitals, theaters,
recreational parks and facilities, trailer camps,
garages, public halls, and all other establishments
within the City which offer goods, services,
accommodations and entertainment to the public.
A place of public accommodation does not include
any institution, club or other place of
accommodation, which by its nature is distinctly
private.
(M) "Sexual orientation' means actual or perceived
heterosexuality, homosexuality or bisexuality.
(N) "Veteran status" means an individual's status as
one who served in the active military, naval or air
service, and who was discharged or released
under conditions other than dishonorable.
119.03 Prohibited Acts of Discrimination -
Employment
With regard to employment, it shall be unlawful for any
employer or labor organization to engage in any of the
following acts wholly or partially for a discriminatory
reason:
(A) To fail to hire, refuse to hire or discharge an
individual;
(B) To discriminate against any individual with respect
to compensation, terms, conditions or privileges of
employment, including promotion. Nothing in this
section shall be construed to require any employer
to provide benefits, such as insurance, to
individuals not employed by the employer;
(C) To limit, segregate or classify employees in any
way which would deprive or tend to deprive any
employee of employment opportunities, or which
would otherwise tend to adversely affect his or her
status as an employee;
(D) To fail or refuse to refer for employment any
individual in such a manner that would deprive an
individual of employment opportunities, that would
limit an individual's employment opportunities or
that would otherwise adversely affect an
individual's status as a prospective employee or as
an applicant for employment;
(E) To discriminate against an individual in admission
to, or employment in, any program established to
provide apprenticeship or other job training,
including on-the-job training programs,
(F) To print or publish, or cause to be printed or
published, any discriminatory notice or
advertisement relating to employment. This
subsection shall not be construed so as to expose
the person who prints or publishes the notice or
advertisement, such as a newspaper, to liability;
(G) To discriminate in referring an individual for
employment whether the referral is by an
employment agency, labor organization or any
other person.
119.04 Prohibited Acts of
Discrimination - Housing and Real Estate
Transactions
With regard to housing and real estate transactions,
which include both sales and leases, it shall be unlawful
to engage in any of the following acts wholly or partially
for a discriminatory reason:
(A) To discriminate by impeding, delaying,
discouraging or otherwise limiting or restricting any
transaction in real estate;
(B) To discriminate by imposing different terms on a
real estate transaction;
(C) To represent falsely that an interest in real estate is
not available for transaction;
(D) To include in the terms or conditions of a real
estate transaction any discriminatory clause,
condition or restriction;
(E) To discriminate in performing, or refusing to
perform, any act necessary to determine an
individual's financial ability to engage in a real
estate transaction;
(F) For a property manager to discriminate by refusing
to provide equal treatment of, or services to,
occupants of any real estate which he or she
manages;
(G) To make, print or publish, or cause to be made,
printed or published, any discriminatory notice,
statement or advertisement with respect to a real
estate transaction or proposed real estate
transaction, or financing relating thereto. This
subsection shall not be construed to prohibit
advertising directed to physically disabled persons
or persons over the age of fifty- five (55) for the
purpose of calling to their attention the existence or
absence of housing accommodations or services
for the physically disabled or elderly;
(H) To discriminate in any financial transaction
involving real estate on account of the location of
the real estate, be it residential or non-residential
("red -lining');
(1) For a real estate operator, a real estate broker, a
real estate salesperson, a financial institution, an
employee of any of these or any other person, for
the purposes of inducing a real estate transaction
from which such person may benefit financially, to
represent that a change has occurred or will or
may occur in the composition with respect to the
race, ethnicity, national origin, age, gender, gender
identity, gender expression, familial status, marital
status, socioeconomic background, religion, sexual
orientation, physical characteristic, disability or
veteran status of the owners or occupants in the
block, neighborhood or area in which the real
property is located or to represent that this change
will or may result in the lowering of property values,
an increase in criminal or antisocial behavior or a
decline in the quality of schools in the block,
neighborhood or area in which the real property is
located ("block -busting");
(J) Notwithstanding the provisions of subsections (A)
through (H), it shall not be an unlawful
discriminatory practice for an owner to limit
occupancy on the basis of a person's low-income,
age over fifty-five (55) years or disability status in
accordance with federal or state law;
(K) Notwithstanding the provisions of subsections (A)
through (H), it shall not be an unlawful
discriminatory practice for an owner, lessor or
renter to refuse to rent, lease or sublease a portion
of a single family dwelling unit to a person as a
tenant, roomer or boarder where it is anticipated
that the owner, lessor or renter will be occupying
any portion of the single-family dwelling or to
refuse to rent, lease or sublease where it is
anticipated that the owner, lessor or renter will be
sharing either a kitchen or a bathroom with the
tenant, roomer or boarder.
(L) Notwithstanding any other provision of this chapter,
it is not an unlawful discriminatory practice to apply
or enforce the definition of "family" for zoning
purposes pursuant to § 151.01 of the Unified
Development Code.
119.05 Prohibited Acts of Discrimination -
Business Establishments or Public
Accommodations
It shall be unlawful for a business establishment or
place of public accommodation for a discriminatory
reason to deny, directly or indirectly, any person the full
enjoyment of the goods, services, facilities, privileges,
advantages and accommodations of any business
establishment or place of public accommodation,
unless required by state or federal law.
119.06 City Services, Facilities,
Transactions and Contracts
(A) The City of Fayetteville and all of its employees are
bound by the provisions of this chapter to the same
extent as private individuals and businesses.
(B) All contractors doing business with the City of
Fayetteville shall comply with this ordinance.
119.07 General Exceptions
(A) Any practice which has a discriminatory effect and
which would otherwise be prohibited by this
chapter shall not be deemed unlawful if it can be
established that the practice is not intentionally
devised to contravene the prohibitions of this
chapter and there exists no less discriminatory
means of satisfying a business purpose.
(B) This chapter shall not apply to any federal, state or
county government office or official, or any public
educational institution within the City.
(C) Unless otherwise prohibited by law, nothing
contained in this chapter shall be construed to
prohibit promotional activities such as senior citizen
discounts and other similar practices designed
primarily to encourage participation by a protected
group.
(D) It shall not be an unlawful discriminatory practice
for an employer to observe the conditions of a
bona fide seniority system or a bona fide employee
benefit system such as a retirement, pension or
insurance plan which is not a subterfuge or pretext
to evade the purposes of this chapter.
(E) It shall not be an unlawful discriminatory practice
for any person to carry out an affirmative action
plan as required by state or federal law, or by court
order.
(F) Nothing contained in this chapter shall be deemed
to prohibit selection or rejection based solely upon
a bona fide occupational qualification or a bona
fide physical requirement. Nothing contained in this
chapter shall be deemed to prohibit a religious or
denominational institution from selecting or
rejecting applicants and employees for non -secular
positions on the basis of the applicant's or
employee's conformance with the institution's
religious or denominational principles. If a party
asserts that an otherwise unlawful practice is
justified as a permissible bona fide occupational
qualification or a permissible bona fide physical
requirement, that party shall have the burden of
proving:
(1) That the discrimination is in fact a necessary
result of such a bona fide condition; and
(2) That there exists no less discriminatory means
of satisfying the bona fide requirement.
(G) If a party asserts that an otherwise unlawful
practice is justified as a permissible bona fide
religious or denominational preference, that party
shall have the burden of proving that the
discrimination is in fact a necessary result of such
a bona fide condition.
(H) Any age restrictions required by state or federal
law or regulations, including for the sale or delivery
of alcoholic beverages, are not improper age
discrimination under this chapter.
(1) Nothing contained in this chapter shall be deemed
to require any religious or denominational
institution or association to open its sanctuary or
chapel to any individual or group for any ceremony
including, but not limited to, weddings, funerals,
confirmations, or baptisms.
119.08 Posting of Notices
Every employer or entity subject to this chapter shall
post and keep posted in a conspicuous location where
business or activity is customarily conducted or
negotiated, a notice, the language and form of which
has been prepared by the City of Fayetteville, setting
forth excerpts from or summaries of the pertinent
provisions of this chapter and information pertinent to
the enforcement of rights hereunder. The notice shall
be in both English and Spanish. If over ten percent of
an employers employees speak, as their native
language, a language other than English or Spanish,
notices at that employer's place of business shall be
posted in that language. At the request of the employer
or entity, notices required by this section shall be
provided by the City. Notices shall be posted within ten
days after receipt from the City.
119.09 Retaliation Prohibited
(A) It is an unlawful discriminatory practice to coerce,
threaten, retaliate against, interfere with or
discriminate against a person because that person
has opposed any practice made unlawful by this
chapter, has made a non -frivolous charge or
complaint, or has testified truthfully, assisted or
participated in an investigation, proceeding or
hearing pursuant to this chapter.
(B) It is an unlawful discriminatory practice to require,
request or suggest that a person or entity retaliate
against, interfere with, intimidate or discriminate
against a person because that person has opposed
any practice made unlawful by this chapter, has
made a non -frivolous charge or has testified
truthfully, assisted or participated in an
investigation, proceeding or hearing authorized
under this chapter.
(C) It is an unlawful discriminatory practice to cause or
coerce, or attempt to cause or coerce, directly or
indirectly, any person in order to prevent that
person from complying with the provisions of this
chapter.
119.10 Preservation of Business Records
Where a complaint of discrimination has been filed
against a person under this ordinance, such person
shall preserve all records relevant to the complaint until
a final disposition of the complaint.
119.11 Administration and Enforcement
(A) The Mayor shall designate the Civil Rights
Administrator, who shall administer this chapter
and be responsible for receiving, investigating and
conciliating complaints filed under this chapter. To
be considered and administered by the Civil Rights
Administrator, complaints must be received in the
Civil Rights Administrator's office no more than six
months after the alleged discriminatory action or, in
the case of ongoing alleged discriminatory actions,
no more than six months after the most recent
incident of alleged discrimination. The Civil Rights
Administrator shall prepare an easy to use
complaint form and make the form easily
accessible to the public.
(B) The Civil Rights Administrator should first attempt
to eliminate the unlawful practice or practices
through conciliation or mediation. In conciliating a
complaint, the administrator should try to achieve a
just resolution and obtain assurances that the
respondent will satisfactorily remedy any violation
of the complainant's rights and take action to
ensure the elimination of both present and future
unlawful practices in compliance with this
chapter. If the Civil Rights Administrator
determines that the complainant is not acting in
good faith, the conciliation or mediation may be
terminated and the complaint may be immediately
dismissed. If the respondent is not participating in
good faith, the complaint may be immediately
referred to the City Prosecutor's office.
(C) After any attempted conciliation or mediation, the
Civil Rights Administrator will refer any unresolved
complaint and complainant as needed to the City
Prosecutor's Office for appropriate further action,
including prosecution.
(D) The fling of a complaint under this chapter does
not preclude any other state or federal remedies
that may be available to a complainant.
DEPARTMENTAL CORRESPONDENCE
mt
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
CC: Kit Williams, City Attorney
FROM: Blake Pennington, Assistant City Attorney
DATE: July 17, 2014
RE: Civil Rights Ordinance
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
While there is no specific Arkansas statute expressly authorizing a municipality to enact
an anti -discrimination ordinance, the state legislature has authorized municipalities to
legislate pursuant to their police powers under a number of statutes. Generally, "a
municipality is authorized to perform any function and exercise full legislative power in
any and all matters of whatsoever nature pertaining to its municipal affairs' and may
even legislate on issues designated as "state affairs" as long as the regulation is not in
conflict with or contrary to state law. A.C.A. § 14-43-601 -14-43-602.
More specifically, a city has "the power to make and publish bylaws and ordinances, not
inconsistent with the laws of this state, which, as to them, shall seem necessary to provide
for the safety, preserve the health, promote the prosperity, and improve the morals,
order, comfort, and convenience of such corporations and the inhabitants thereof." A.C.A.
§ 14-55-102. Cities have the power to "prevent injury or annoyance within the limits of
the municipal corporation from anything dangerous, offensive, or unhealthy []." A.C.A.
§ 14-54-103(1). Cities may also "prevent or regulate the carrying on of any trade, business,
or vocation of a tendency dangerous to morals, health, or safety []." A.C.A. § 14-54-
104(3)(C).
In fact, the Arkansas Supreme Court has held that "the mere possibility of a public harm
is sufficient basis for the municipality to regulate under its police power. Phillips v. Town
of Oak Grove, 333 Ark. 183 (1998). Thus, this grant of power provides the basis for the
City Council to enact a civil rights ordinance for the City of Fayetteville in order to protect
residents and visitors of Fayetteville from unlawful discrimination in employment,
public accommodation, business transactions, housing and real estate transaction, and
the use of city services.
Amendments to Civil Rights Ordinance Proposed by Alderman Matthew Petty
AMEND 119.02 — DEFINITIONS
(E) "Employee" means any individual employed by a co4ered employer.
AMEND 119.06
119.06 City Services, Facilities, Transactions and Contracts
(A) The City of Fayetteville and all of its employees -are bound by the provisions of this chapter to the same extent as
private individuals and businesses.
(B) All contractors doing business with the City of Fayetteville shall comply with this ordinance.
AMEND 119.07 — NEW SUBSECTION (I)
(1) Nothing contained in this chapter shall be deemed to. require any religious or denominational institution to open
its sanctuary or chapel to any individual or group for any ceremony including, but not -limited to, weddings, funerals,
confirmations, or baptisms; that do.not align with that religious or denominational institution's statement.of faith or
beliefs.
y, I
IJ, 'f ,W'!tI f.;
LI
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CAT), A,FTORNFY
TO: Mayor Jordan
City Council
CC: Kit Williams, City Attorney
FROM: Blake Pennington, Assistant City Attorney
DATE: July 24, 2014
Kit Williams
City Attorney
Blake Pennington
Assisfant City Attorney
Patti Multord
Paralegal
RE: Alderman Petty's Proposed Amendments to Civil Rights Ordinance
Alderman Petty will be proposing the following amendments to the civil
rights ordinance. I am attaching a copy of the full ordinance with these
changes incorporated for your reference:
AMEND 119.02 - DEFINITIONS
(E) "Employee' means any individual employed or seeking ernPIGYMORt fFGFA by a covered employer.
AMEND 119.06
119.06 City Services, Facilities, Transactions and Contracts
(A) The City of Fayetteville shall be and all of its employees are bound by the provisions of this chapter to the same
extent as private individuals and businesses.
(B) All contractors doing business with the City of Fayetteville shall abide by comply with this ordinance.
EXHIBIT A
CHAPTER 119: CIVIL-RIGHTS ADMINISTRATION
119.01 Purpose
The purpose of this chapter is to protect and safeguard
the right and opportunity of all persons to be free from
discrimination based on real or perceived race,
ethnicity, national origin, age, gender, gender identity,
gender expression, familial status, marital status,
socioeconomic background, religion, sexual orientation,
disability and veteran status. This chapters purpose is
also to promote the public health and welfare of all
persons who live or work in the City of Fayetteville and
to ensure that all persons within the City have equal
access to employment, housing, and public
accommodations.
119.02 Definitions
(A) "Business Establishment" means any entity,
however organized, which furnishes goods,
services or accommodations to the general public.
An otherwise qualifying establishment which has
membership requirements is considered to furnish
services to the general public if its membership
requirements consist only of payment of fees or
consist only of requirements under which a
substantial portion of the residents of the city could
qualify.
(B) "Civil Rights Administrator" means the person
designated by the Mayor to receive, investigate
and conciliate complaints brought under this
chapter.
(C) "Disability" or "Disabled" means, with respect to an
individual, a physical or mental impairment, a
record of such an impairment, or being perceived
or regarded as having such impairment. For
purposes of this chapter, discrimination on the
basis of disability means that no covered entity
shall discriminate against a qualified individual with
a disability because of that individual's disability.
The term "qualified individual with a disability" shall
mean an individual with a disability who, with or
without reasonable accommodation, can perform
the essential functions of the employment positions
that the individual holds or desires.
(D) "Discriminate, Discrimination or Discriminatory'
means any act, policy or practice that has the
effect of subjecting any person to differential
treatment as a result of that person's real or
perceived race, ethnicity, national origin, age (if 18
years of age or older), gender, gender identity,
gender expression, familial status, marital status,
socioeconomic background, religion, sexual
orientation, disability or veteran status.
(E) "Employee" means any individual employed by a
covered employer.
(F) "Employer" means any person, business or
organization which regularly employs five (5) or
more individuals, not including the employers
parents, spouse or children. For purposes of this
chapter an employer "regularly" employs five (5)
individuals when the employer employs five (5) or
more individuals for each working day in any
twenty (20) or more calendar weeks in the current
or previous calendar year. For purposes of this
chapter an "employer' is also any person or entity
acting on behalf of an employer, directly or
indirectly, or any employment agency.
(G) "Familial status" means an individual's status as
parent or legal guardian to a child or children below
the age of eighteen (18) who may or may not
reside with that individual.
(H) "Gender' means actual or perceived sex.
(1) "Gender Identity" means a person's gender -related
identity, whether or not that identity is or is
perceived to be different from that traditionally
associated with the sex assigned to that individual
at birth.
(J) "Gender Expression' means a person's gender -
related appearance and behavior whether or not
that gender expression is or is perceived to be
different from that traditionally associated with the
person's assigned sex at birth.
(K) "Marital status' means an individual's status as
single, married, domestically partnered, divorced or
widowed.
(L) "Place of public accommodation" means inns,
taverns, hotels, motels, restaurants, wholesale
outlets, retail outlets, banks, savings and loan
associations, other financial institutions, credit
information bureaus, insurance companies,
dispensaries, clinics, hospitals, theaters,
recreational parks and facilities, trailer camps,
garages, public halls, and all other establishments
within the City which offer goods, services,
accommodations and entertainment to the public.
A place of public accommodation does not include
any institution, club or other place of
accommodation, which by its nature is distinctly
private,
(M) "Sexual orientation" means actual or perceived
heterosexuality, homosexuality or bisexuality. -
(N) "Veteran status' means an individual's status as
one who served in the active military, naval or air
service, and who was discharged or released
under conditions other than dishonorable.
119.03 Prohibited Acts of Discrimination -
Employment
(A) With regard to employment, it shall be unlawful for
any employer or labor organization to engage in
any of the following acts wholly or partially for a
discriminatory reason:
(1) To fail to hire, refuse to hire or discharge an
individual;
(2) To discriminate against any individual with
respect to compensation, terms, conditions or
privileges of employment, including promotion.
Nothing in this section shall be construed to
require any employer to provide benefits, such
as insurance, to individuals not employed by
the employer;
(3) To limit, segregate or classify employees in
any way which would deprive or tend to
deprive any employee of employment
opportunities, or which would otherwise tend
to adversely affect his or her status as an
employee;
(4) To fail or refuse to refer for employment any
individual in such a manner that would deprive
an individual of employment opportunities, that
would limit an individual's employment
opportunities or that would otherwise
adversely affect an individual's status as a
prospective employee or as an applicant for
employment;
(5) To discriminate against an individual in
admission to, or employment in, any program
established to provide apprenticeship or other
job training, including on-the-job training
programs;
(6) To print or publish, or cause to be printed or
published, any discriminatory notice or
advertisement relating to employment. This
subsection shall not be construed so as to
expose the person who prints or publishes the
notice or advertisement, such as a newspaper,
to liability;
(7) To discriminate in referring an individual for
employment whether the referral is by an
employment agency, labor organization or any
other person.
119.04 Prohibited Acts of
Discrimination - Housing and Real Estate
Transactions
(A) With regard to housing and real estate
transactions, which include both sales and leases,
it shall be unlawful to engage in any of the
following acts wholly or partially for a discriminatory
reason:
(1) To discriminate by impeding, delaying,
discouraging or otherwise limiting or restricting
any transaction in real estate;
(2) To discriminate by imposing different terms on
a real estate transaction;
(3) To represent falsely that an interest in real
estate is not available for transaction;
(4) To include in the terms or conditions of a real
estate transaction any discriminatory clause,
condition or restriction;
(5) To discriminate in performing, or refusing to
perform, any act necessary to determine an
individual's financial ability to engage in a real
estate transaction;
(6) For a property manager to discriminate by
refusing to provide equal treatment of, or
services to, occupants of any real estate which
he or she manages;
(7) To make, print or publish, or cause to be
made, printed or published, any discriminatory
notice, statement or advertisement with
respect to a real estate transaction or
proposed real estate transaction, or financing
relating thereto. This subsection shall not be
construed to prohibit advertising directed to
physically disabled persons or persons over
the age of fifty- five (55) for the purpose of
calling to their attention the existence or
absence of housing accommodations or
services for the physically disabled or elderly;
(8) To discriminate in any financial transaction
involving real estate on account of the location
of the real estate, be it residential or non-
residential ("red -lining");
(9) For a real estate operator, a real estate broker,
a real estate salesperson, a financial
institution, an employee of any of these or any
other person, for the purposes of inducing a
real estate transaction from which such person
may benefit financially, to represent that a
change has occurred or will or may occur in
the composition with respect to the race,
ethnicity, national origin, age, gender, gender
identity, gender expression, familial status,
marital status, socioeconomic background,
religion, sexual orientation, physical
characteristic, disability or veteran status of
the owners or occupants in the block,
neighborhood or area in which the real
property is located or to represent that this
change will or may result in the lowering of
property values, an increase in criminal or
antisocial behavior or a decline in the quality of
schools in the block, neighborhood or area in
which the real property is located ("block -
busting");
(10)Notwithstanding the provisions of subsections
(a) through (h), it shall not be an unlawful
discriminatory practice for an owner to limit
occupancy on the basis of a person's low-
income, age over fifty-five (55) years or
disability status in accordance with federal or
state law;
(11)Notwithstanding the provisions of subsections
(a) through (h), it shall not be an unlawful
discriminatory practice for an owner, lessor or
renter to refuse to rent, lease or sublease a
portion of a single family dwelling unit to a
person as a tenant, roomer or boarder where it
is anticipated that the owner, lessor or renter
will be occupying any portion of the single-
family dwelling or to refuse to rent, lease or
sublease where it is anticipated that the
owner, lessor or renter will be sharing either a
kitchen or a bathroom with the tenant, roomer
or boarder,
(12) Notwithstanding any other provision of this
chapter, it is not an unlawful discriminatory
practice to apply or enforce the definition of
"family" for zoning purposes pursuant to §
151.01 of the Unified Development Code.
119.05 Prohibited Acts of Discrimination -
Business Establishments or Public
Accommodations
(A) It shall be unlawful for a business establishment or
place of public accommodation to engage in any of
the following acts wholly or partially for a
discriminatory reason:
(1) To deny, directly or indirectly, any person the
full enjoyment of the goods, services, facilities,
privileges, advantages and accommodations
of any business establishment or place of
public accommodation, unless required by
state or federal law;
(2) To print, publish, circulate, post or mail,
directly or indirectly, a statement,
advertisement or sign which indicates that the
full and equal enjoyment of the goods,
services, facilities, privileges, advantages and
accommodations of a business establishment
or place of public accommodation will be
unlawfully refused, withheld from or denied an
individual, or which indicates that an
individual's patronage of, or presence at, the
business establishment or place of public
accommodation is objectionable, unwelcome,
unacceptable or undesirable, unless the denial
of the goods or services is required by slate or
federal law.
119.06 City Services, Facilities,
Transactions and Contracts
(A) The City of Fayetteville and all of its employees are
bound by the provisions of this chapter to the same
extent as private individuals and businesses.
(B) All contractors doing business with the City of
Fayetteville shall comply with this ordinance.
119.07 General Exceptions
(A) Any practice which has a discriminatory effect and
which would otherwise be prohibited by this
chapter shall not be deemed unlawful if it can be
established that the practice is not intentionally
devised to contravene the prohibitions of this
chapter and there exists no less discriminatory
means of satisfying a business purpose.
(B) This chapter shall not apply to any federal, state or
county government office or official, or any public
educational institution within the City.
(C) Unless otherwise prohibited by law, nothing
contained in this chapter shall be construed to
prohibit promotional activities such as senior citizen
discounts and other similar practices designed
primarily to encourage participation by a protected
group.
(D) It shall not be an unlawful discriminatory practice
for an employer to observe the conditions of a
bona fide seniority system or a bona fide employee
benefit system such as a retirement, pension or
insurance plan which is not a subterfuge or pretext
to evade the purposes of this chapter.
(E) It shall not be an unlawful discriminatory practice
for any person to carry out an affirmative action
- plan -as required by state or federal law, or by court
order.
(F) Nothing contained in this chapter shall be deemed
to prohibit selection or rejection based solely upon
a bona fide occupational qualification or a bona
fide physical requirement. Nothing contained in this
chapter shall be deemed to prohibit a religious or
denominational institution from selecting or
rejecting applicants and employees for non -secular
positions on the basis of the applicant's or
employee's conformance with the institution's
religious or denominational principles. If a party
asserts that an otherwise unlawful practice is
justified as a permissible bona fide occupational
qualification or a permissible bona fide physical
requirement, that party shall have the burden of
proving:
(1) That the discrimination is in fact a necessary
result of such a bona fide condition; and
(2) That there exists no less discriminatory means
of satisfying the bona fide requirement.
(G) If a party asserts that an otherwise unlawful
practice is justified as a permissible bona fide
religious or denominational preference, that party
shall have the burden of proving that the
discrimination is in fact a necessary result of such
a bona fide condition.
(H) Any age restrictions required by state or federal
law or regulations, including for the sale or delivery
of alcoholic beverages, are not improper age
discrimination under this chapter.
119.08 Posting of Notices
(A) Every employer or entity subject to this chapter
shall post and keep posted in a conspicuous
location where business or activity is customarily
conducted or negotiated, a notice, the language
and form of which has been prepared by the City of
Fayetteville, setting forth excerpts from or
summaries of the pertinent provisions of this
chapter and information pertinent to the
enforcement of rights hereunder. The notice shall
be in both English and Spanish. If over ten percent
of an employer's employees speak, as their native
language, a language other than English or
Spanish, notices at that employers place of
business shall be posted in that language. At the
request of the employer or entity, notices required
by this section shall be provided by the City.
Notices shall be posted within ten days after
receipt from the City.
119.09 Retaliation Prohibited
(A) It is an unlawful discriminatory practice to coerce,
threaten, retaliate against, interfere with or
discriminate against a person because that person
has opposed any practice made unlawful by this
chapter, has made a non -frivolous charge or
complaint, or has testified truthfully, assisted or
participated in an investigation, proceeding or
hearing pursuant to this chapter.
(B) It is an unlawful discriminatory practice to require,
request or suggest that a person or entity retaliate
against, interfere with, intimidate or discriminate
against a person because that person has opposed
any practice made unlawful by this chapter, has
made a non -frivolous charge or has testified
truthfully, assisted or participated in an
investigation, proceeding or hearing authorized
under this chapter.
(C) It is an unlawful discriminatory practice to cause or
coerce, or attempt to cause or coerce, directly or
_ indirectly, any person in order to prevent that
person from complying with the provisions of this
chapter.
119.10 Preservation of Business Records
(A) Where a complaint of discrimination has been fled
against a person under this ordinance, such person
shall preserve all records relevant to the complaint
until a final disposition of the complaint.
119.11 Administration and Enforcement
(A) The Mayor shall designate the Civil Rights
Administrator, who shall administer this chapter
and be responsible for receiving, investigating and
conciliating complaints fled under this chapter. To
be considered and administered by the Civil Rights
Administrator, complaints must be received in the
Civil Rights Administrator's office no more than six
months after the alleged discriminatory action or, in
the case of ongoing alleged discriminatory actions,
no more than six months after the most recent
incident of alleged discrimination. The Civil Rights
Administrator shall prepare an easy to use
complaint form and make the form easily
accessible to the public.
(B) The Civil Rights Administrator should first attempt
to eliminate the unlawful practice or practices
through conciliation or mediation. In conciliating a
complaint, the administrator should try to achieve a
just resolution and obtain assurances that the
respondent will satisfactorily remedy any violation
of the complainant's rights and take action to
ensure the elimination of both present and future
unlawful practices in compliance with this
chapter. If the Civil Rights Administrator (C) After any attempted conciliation or mediation, the
determines that the complainant is not acting in Civil Rights Administrator will refer any unresolved
good faith, the conciliation or mediation may be complaint and complainant as needed to the City
terminated and the complaint may be immediately Prosecutors Office for appropriate further action,
dismissed. If the respondent is not participating in including prosecution.
good faith, the complaint may be immediately
referred to the City Prosecutors office. (D) The filing of a complaint under this chapter does
not preclude any other state or federal remedies
that may be available to a complainant.
OFFICE OF THE
CITY ATTORNEY
1
THRU:
FROM:
DATE:
RE:
DEPARTMENTAL CORRESPONDENCE
Mayor Jordan
City Council
Kit Williams, City Attorney
Blake Pennington, Assistant City
August 5, 2014
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
Civil Rights Ordinance - Response to Letter from Attorney Stephanie
Nichols
Recently, an attorney in Jonesboro sent a letter to the City Council regarding some
concerns she was expressing on behalf of a client who is a resident of Fayetteville. Our
office's responses to the issues she has raised are below:
1. If a church does not allow anyone outside of its faith to hold ceremonies
(weddings, etc.) in its sanctuary or chapel, this ordinance will not force that church
to be open to the public or to "subsidize' a ceremony involving beliefs contrary to
its own. If the City Council wishes to strengthen this existing legal exemption, the
following language could be adopted as a new subsection within § 199.07 General
Exceptions:
Nothing contained in this chapter shall be deemed to require any
religious or denominational institution to open its sanctuary or
chapel to any individual or group for any ceremony including, but
not limited to, weddings, funerals, confirmations, or baptisms, that
do not align with that religious or denominational institution's
statement of faith or beliefs.
However, if a church allows outside groups to rent space in a fellowship hall or
classroom, then this ordinance would prohibit discrimination in the rental of the
classroom against any protected class defined by the ordinance.
Page Two
Civil Rights Ordinance
In response to the example given by Ms. Nichols, if a church hosts a Girl Scout
troop's meetings, it could not bar an LGBT identified member, parent or leader
from attending or participating. Furthermore, the Girl Scouts of America's
"Inclusion and Non -Discrimination Policy" appears to be aligned with the intent
of this ordinance:
Girl Scouts value inclusiveness and do not discriminate or recruit on
the basis of race, religion, ethnicity, sexual orientation,
socioeconomic status, national origin, or physical or developmental
disability.
2. Ms. Nichols misunderstands or misstates the law when she writes that "'non -
secular' positions... may be interpreted to be limited to clergy." The Supreme
Court has clearly ruled that "non -secular" positions are NOT limited to clergy.
Churches and even private religiously affiliated schools have wide discretion
about who serves in ministerial positions and may choose to hire members of their
own faith as long as the work they are hired to perform is related to the
organization's religious activities. For example, in Hosanna -Tabor Lutheran
Church and School vs. EEOC, 132 S.Ct. 694 (2012), the United States Supreme
Court held that a teaching position, which required the teaching of both secular
and religious instruction and leading prayers in class, could be classified as a
ministerial because the religious instruction was related to the church/school's
religious activities. However, a church could not unlawfully discriminate against
a person serving in a purely secular position, such as a receptionist with no
ministerial duties at all. Nothing, of course, prevents a church from establishing
dress codes or grooming standards.
3. In her third section, Ms. Nichols provides three examples and claims that each
would violate the religious liberty of the person providing the service: In response
to the first example, the ordinance provides an exception for a landlord when a
tenant is sharing a room in the same house or if the landlord and tenant are to
share kitchen or bathroom space. When that landlord has opened an apartment
or house for rent to the general public, the ordinance would certainly prevent
discrimination on the basis of any of the protected classes within the ordinance.
In response to the second and third examples, those who choose to advertise to
and provide a service to the general public cannot discriminatorily pick and
choose which segments of the public they wish to serve under this ordinance. The
Arkansas Civil Rights Act, Ark. Code Ann. § 16-123-101, et seq. already protects
people from discrimination on the basis of religion and race. For example, a
Page Three
Civil Rights Ordinance
Christian florist could not refuse to provide flowers for a Hindu wedding
ceremony or for an interracial couple even if that florist believed those situations
to be a violation of his or her sincerely held religious beliefs. This ordinance
merely extends that protection to other groups not already protected by state or
federal law.
4. The claim that this ordinance would provide predators with access to women's
restrooms in order to assault or leer at girls or women is nothing more than fear -
mongering. This ordinance does allow transgender people to use the bathroom in
which they feel most comfortable and physically safe. Transgender people - who
are far more likely to be the victims of harassment and violence if forced to use a
bathroom that is inconsistent with their gender identity or expression - deserve to
have the ability to use the bathroom in peace and safety. Using the bathroom is a
basic human function and denying that to a person is inhumane. This ordinance
has nothing to do with the concerns and examples Ms. Nichols provided - the acts
perpetrated by the criminals in those stories will continue to be criminal acts.
5. Public educational institutions were exempted from this ordinance because they
are on an equal governmental footing with the City of Fayetteville. The University
of Arkansas and Fayetteville Public Schools have their own independent boards
of directors and are regulated by state law. This is also the reason county, state
and federal institutions are exempted. We cannot control the actions of
independent governmental institutions.
6. There has been no notable increase in litigation in other cities that have adopted
similar non-discrimination ordinances. As already discussed in the memo that
was sent to you on July 18, there is a basis in state law for this ordinance and similar
ordinances have been upheld around the country. There is no reason to suspect
that we will receive a flood of complaints or that the Civil Rights Administrator or
City Prosecutor will violate anyone's civil rights in enforcing the ordinance.
7. A referral to the City Prosecutor does not necessarily translate into a prosecution
for violation of the ordinance. Please keep in mind that the Civil Rights
Administrator's primary goal is to gather information and work out a solution.
Secondarily, the Civil Rights Administrator can refer a case to the City Prosecutor
to determine if the case should be filed in Fayetteville District Court. There, the
burden is very high - even higher than a civil discrimination case - and violations
must be proven beyond a reasonable doubt. Because of this high burden of proof,
only the most serious and clear cases of discrimination will be prosecuted.
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
TO: Mayor Jordan Patti Multonl
City Council Paralegal
FROM: Kit Williams, City Attorney ��� —
I
DATE: August 15, 2014
RE: Concerns about opposite sex use of public bathrooms or locker
rooms
I have been informed that there are some incorrect reports circulating
on the internet that I have stated that the Civil Rights ordinance should be
stopped because it will prevent business managers from preventing men
from using women's public restrooms. This is not correct.
State law always trumps or controls over any City ordinance. The
proposed Civil Rights Administration Ordinance states that a business
establishment may not "for a discriminatory reason" deny "any person the
full enjoyment of the... facilities... and accommodations of any business
establishment or place of public accommodations, unless required by state
or federal law." § 119.05.
Would this section prohibit a business from preventing a person with
all the outward appearances of a man from using the women s bathroom?
I think the clear answer is "No".
First, the business owner's purpose would be to ensure the peace of
mind and safety of the female customers who were using or might use the
bathroom rather than for a "discriminatory reason" against a person who
appeared to be a man even if that person claimed to be a woman on the
1
inside (transgender). Thus, there would be no "discriminatory reason", but
a public convenience and safety reason to limit bathroom use to those
whose outward appearance coincides with the gender for the bathroom.
Secondly, the state criminal statutes could very well apply to such a
situation. Indecent Exposure can occur if a person "exposes his or her sex
organs ... under circumstances in which the person knows the conduct is
likely to cause affront or alarm." A.C.A. § 5-14-112. In addition,
Disorderly Conduct can occur if a person "recklessly (creates) a risk of
public inconvenience, annoyance or alarm, he or she... in a public place,
exposes his or her private parts." A.C.A. § 5-71-207. Public bathrooms
have been held to be "public places" for purposes of these types of criminal
statutes. United States v. Lemons, 697 F.2d 832 (81h Cir. 1983).
Violations of Indecent Exposure and Disorderly Conduct will
continue to occur whether or not the Civil Rights Administrative
Ordinance is passed. However, I do not believe this ordinance could ever
be used as a successful defense to these criminal charges.
To further reduce any fear of misapplication of the ordinance, the
City Council could enact a further exception under § 119.07 that could say
that business owners had the right to limit the use of their public
bathrooms and locker rooms to persons with the outward appearance of
the gender designated for the bathroom or locker room. I think that is
already their right which would not be changed by the Civil Rights
Administration Ordinance, but an express exception would clarify any
possible ambiguity.
2
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
FROM: Kit Williams, City Attorney
DATE: August 15, 2014
Kit Williams
City Attorney
Blake Pennington
Assistant CBy Attorney
Patti Mulford
Paralegal
RE: Possible referral of proposed Civil Rights Administration
ordinance to Fayetteville voters
Aldermen Tennant and Schoppmeyer have asked that I draft a
possible amendment to the enacting ordinance of the proposed Chapter
119 Civil Rights Administration for the Fayetteville Code that would refer
this ordinance to the vote of the Fayetteville citizens. This issue came up
most recently in 2011 when a possible referral of an amendment to the
Smoking Ordinance to the voters was considered, but not approved.
Attached is my memo of May 3, 2011 discussing statutory procedures for
referring proposed legislation to the voters.
If the City Council wishes to refer this proposed ordinance to the
voters, you should amend the enacting ordinance to make it a referral
ordinance. I drafted such a possible referral ordinance option as requested
by Aldermen Tennant and Schoppmeyer and have attached it to this
memo.
If the referral ordinance would be passed on August 19, the election
for this ordinance would be conducted during the general election of
November 4, 2014. If there was no final vote by the City Council on
August 19th, I believe it may not be possible to meet the time requirements
for the general election.
1
"A special election shall be held not less than seventy (70) days
following the date that the proclamation, ordinance, resolution,
order, or other authorized document is filed with the county
clerk when the special election is to be held on the date of the
preferential primary election or general election." A.C.A. § 7-
11-205 (b)(1).
By my determination, August 19this about 77 days before the general
election on November 4t". The next regular City Council meeting is
September 2 or 63 days before the general election. 63 days is "less than
seventy (70) days" and therefore outside the 70 day window to authorize
the referendum election to be held at the general election date.
4
ORDINANCE NO.
AN ORDINANCE TO REFER THE PROPOSED CHAPTER 119 CIVIL
RIGHTS ADMINISTRATION TO FAYETTEVILLE VOTERS FOR THEIR
DETERMINATION WHETHER TO ENACT CHAPTER 119 CIVIL RIGHTS
ADMINISTRATION TO PROTECT THE CIVIL RIGHTS OF
FAYETTEVILLE CITIZENS AND VISITORS AND TO CREATE THE
POSITION OF CIVIL RIGHTS ADMINISTRATOR FOR THE CITY OF
FAYETTEVILLE
WHEREAS, the City of Fayetteville seeks to protect and safeguard the right and
opportunity of all persons to be free from unfair discrimination based on real or perceived race,
ethnicity, national origin, age, gender, gender identity, gender expression, familial status, marital
status, socioeconomic background, religion, sexual orientation, disability and veteran status; and
WHEREAS, the City of Fayetteville seeks to promote the public health and welfare of
all persons who live or work in the City of Fayetteville and to ensure that all persons within the
City have equal access to employment, housing, and public accommodations; and
WHEREAS, the Fayetteville City Council has determined that the Fayetteville voters
should have an opportunity to vote to decide whether or not the proposed Civil Rights
Administration Chapter should be enacted into the Fayetteville Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby refers
Chapter 119 Civil Rights Administration of the Fayetteville Code as shown in Exhibit "A" of
this ordinance to the Fayetteville voters in the general election to be held on November 4, 2014.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby determines
that if the voters fail to approve the referendum called by this ordinance, the proposed Chapter
119 Civil Rights Administration will not be enacted into the Fayetteville Code, but if the voters
approve the referendum, then Chapter 119 Civil Rights Administration shall be enacted into the
Fayetteville Code and will become effective sixty (60) days after the approving election.
Page 2
Ordinance No.
PASSED and APPROVED this 1911 day of August, 2014.
APPROVED:
By:
LIONELD JORDAN, Mayor
M11-1111*19
By:
SONDRA E. SMITH, City Clerk/Treasurer
Departmental Correspondence dL
Kit Williams
City Attorney
TO: Mayor Jordan Jason B. Kelley
Assistant UyAtroraey
City Council ��
FROM: Kit Williams, City Attorne} ----
DATE: May 3, 2011
RE: Possible referral of ordinance to the Fayetteville voters
Assuming one or more aldermen may wish the City Council to consider
referring this proposed amendment to the voters rather than directly enacting an
amendment to §95.05, I have prepared such -a referral ordinance and attached it to this
memo. If an alderman wishes to go the referral to the voters route, the alderman
would need to move to amend the ordinance proposed by Aldermen Gray and Petty.
Such amendment would need to be passed prior to the passage of the Smoking
Ordinance amendment ordinance. The City Council can refer an ordinance to the
voters for a referendum even after an ordinance is passed (within 30 days of its
passage). However that independent referral ordinance would require six (6)
affirmative votes for passage.
State law provides that "Municipal referendum petition measures shall be
submitted to the electors at a regular general election unless the petition expressly
calls for a special election." A.C.A. §7-9-111(h). I would interpret this to mean that
unless the City Council Referral Ordinance calls for a special election, the
referendum of the proposed amendment of the Smoking Ordinance would not
occur until November of 2012.
If you prefer to call for a special election in the ordinance, the "special election
shall be set in accordance with §7-11-201 et seq. but in no event more than one
hundred twenty (120) calendar days after the date of certification of sufficiency by the
municipal clerk." A.C.A. §7-9-111(h). I would interpret that to mean within 120
days of the date of passage of the ordinance referring the ordinance to the voters as
a referendum.
CityClerk
From: Alexis Acello <aacello@email.uark.edu>
Sent: Thursday, August 07, 2014 1:59 PM
To: City -Clerk -old
Subject: Anti -Discrimination Ordinance -For Council Members
Categories: Completed, Responded, Forwarded
Dear Council members,
My name is Alexis Acello. I'm a preschool teacher and resident of Fayetteville and have been for going on four
years. I came here originally to attend the University of Arkansas but I know I'll stay long after my graduation
date. I live on West Ave, just off of Dickson in a wonderful small apartment very close to our amazing library.
I could go on and on about why I'm glad I live here. I think this town is fantastic!
One of the reasons I fell love with this town was its amazing sense of community and equality. I have never
doubted, up until now, this town's commitment to the fair and respectful treatment of every unique member that
composes this city. Tuesday's hearing of the anti -discrimination ordinance honestly made me feel as if the town
had been falsely represented. I strongly feel like more residents of Fayetteville would favor this proposal rather
than oppose it, but it didn't appear that way Tuesday night. I do think it's worth noting that several of those
opposing the measure were from Goshen, Springdale, and Elkins. They weren't all necessarily representing the
view points or ideals held by Fayetteville residents.
I think it's incredibly important that this legislation pass. I feel like it's imperative that everyone in our community feel
protected, represented, and respected and that we wouldn't be such an amazing town if we didn't go out of our way to make
everyone feel that way. The idea that no one in this town ever feels discriminated against is plainly untrue. To quote a recent
study outlined in the Fayettevile Flyer summary of Tuesday's meeting:
"The Human Rights Campaign released the findings of a survey of 979 lesbian, gay, bisexual and transgender Arkansans in
which 25 percent of all respondents said they have experienced employment discrimination."
Even if it had only been 10% reporting discrimination, that 10% are worth standing with and no employer or housing authority
should get away with treating them unjustly. We should be proud to be a leader of equality and fairness in Arkansas.
I thank you sincerely for taking the time to read and consider my view point. 1 know this is a heated decision and that you are all
working hard to make the vote that's best for this town. I thank you all for your commitment and service,
Alexis Acello
Cit Clerk
From: Sam & Hazel Kitchens <skitchens2@cox.net>
Sent: Monday, August 11, 2014 3:01 PM
To: CityClerk
Subject: Proposed Chapter 119: The Civil Rights Administration
Please forward this e-mail to all members of the City Council.
I would like make known my opposition to the Proposed Chapter 119.
Do you understand that this would open churches to criminal prosecution if they refuse to let same-sex
couples use their fellowship halls for "wedding" receptions:
Open Christian photographers, bakers, and florists to criminal prosecution if they refuse to take part is the
same-sex "weddings"- the same way we have seen in states like New Mexico, Colorado, Oregon, and
Washington.
The most DISGUSTING OF ALL! It will REQUIRE BUSINESSES AND PUBLIC VENUES E.G. GYMS, PARKS, PUBLIC
POOLS, ETC. to let men who claim to be female to use the women's restrooms , showers, and locker rooms:
and Expand government by creating a Civil Rights Administrator's office in Fayetteville and increasing the City
Prosecutor's caseload.
This will take away the right of people who should be allowed to stand up for their beliefs, with being
threatened by a lawsuit. You are taking away their right to say NO! We have not been taken over by the ISIS
State yet, or have we?
You ask, why should I care, I do not live in your city? I shop, eat out, go to the movies, I will soon be using the
walking trails in Fayetteville. This will all stop if this Bill is passed. I will go North for all of my business and
pleasure.
Every day when I pick up the paper I see so many charges of rape, child pornography, how safe do you think
this make our children?
Hazel Kitchens
3979 Silver Fox ST
Springdale, AR 72762
Smith, Sondra
From: Gray, Adella
Sent:. Monday, August 11, 2014 5:35 PM
To: Smith, Sondra
Subject: FW: Please vote YES on the Anti -Discrimination Ordinance.
Sondra, please send to all aldermen. Thanks, Adella I'll be sending several more. Thanks.
-----Original Message -----
From: Human Rights Campaign [mailto:hrc@hrc.orgj
Sent: Monday, August 11, 2014 1:24 PM
To: Gray, Adella
Subject: Please vote YES on the Anti -Discrimination Ordinance.
Aug 11, 2014
Alderman Adella Gray
Fayetteville, AR
Dear Alderman Gray,
As a resident of Fayetteville, I am writing to urge you to support the Anti -Discrimination Ordinance.
No one should be fired or refused housing or service in a restaurant for who they are. I join many other
business owners, tourists, people of faith and residents in supporting a comprehensive Anti -Discrimination
Ordinance for Fayetteville, which includes protections based on sexual orientation and gender identity or
expression. Let's be on the right side of history and be leaders on a major civil rights issue of our time.
Please vote YES on the Anti -Discrimination Ordinance.
Thank you,
Dr. Barbara Lavery
590 N Rockcliff Rd
Fayetteville, AR 72701-3808
Smith, Sondra
From:
Gray, Adella
Sent:
Monday, August 11, 2014 5:39 PM
To:
Smith, Sondra
Subject:
FW: Please vote YES on the Anti -Discrimination Ordinance.
-----Original Message -----
From: Human Rights Campaign [mailto:hrc@hrc.org]
Sent: Monday, August 11, 2014 1:24 PM
To: Gray, Adella
Subject: Please vote YES on the Anti -Discrimination Ordinance.
Aug 11, 2014
Alderman Adella Gray
Fayetteville, AR
Dear Alderman Gray,
As a resident of Fayetteville, I am writing to urge you to support the Anti -Discrimination Ordinance.
No one should be fired or refused housing or service in a restaurant for who they are. I join many other
business owners, tourists, people of faith and residents in supporting a comprehensive Anti -Discrimination
Ordinance for Fayetteville, which includes protections based on sexual orientation and gender identity or
expression.
Please vote YES on the Anti -Discrimination Ordinance.
Thank you,
Mrs. Nancy Holland
1692 S Hunt Ln
Fayetteville, AR 72701-8029
Smith, Sondra
From: Gray, Adella
Sent: Monday, August 11, 2014 5:42 PM
To: Smith, Sondra
Subject: FW: Please vote YES on the Anti -Discrimination Ordinance.
-----Original Message -----
From: Human Rights Campaign [mailto:hrc@hrc.org]
Sent: Monday, August 11, 2014 1:24 PM
To: Gray, Adella
Subject: Please vote YES on the Anti -Discrimination Ordinance.
Aug 11, 2014
Alderman Adella Gray
Fayetteville, AR
Dear Alderman Gray,
As a resident of Fayetteville, I am writing to urge you to support the Anti -Discrimination Ordinance.
No one should be fired or refused housing or service in a restaurant for who they are. I join many other
business owners, tourists, people of faith and residents in supporting a comprehensive Anti -Discrimination
Ordinance for Fayetteville, which includes protections based on sexual orientation and gender identity or
expression.
Please vote YES on the Anti -Discrimination Ordinance.
Thank you,
Ms. Alice Beetz
512 S East Ave
Fayetteville, AR 72701-6048
RECEIVED
AIJ6 12 2014
CITY CLERKS OFFICE
Dear Members of the Fayetteville City Council:
Please vote against Chapter 119: Civil Rights Administration. This is an unnecessary ordinance. It
will negatively impact Fayetteville residents—especially commercial businesses, people of faith,
churches ,and private schools..
Thank you for your service to the People of Fayetteville.
CityClerk
From: Longward4@gmail.com <longward4@gmail.com>
Sent: Thursday, August 14, 2014 9:01 PM
To: City -Clerk -old
Subject: Fwd: Proposed Ordinance I Chapter 119
Sondra,
Will you forward this to the council members?
Sincerely,
Alan T Long
City of Fayetteville, AR
City Council Member -ward 4
Begin forwarded message:
From: Andrew Clark <andrew clark@me.com>
Date: August 14, 2014 at 9:46:04 PM EDT
To: "Lon wag rd4@gmail.com" <lon ward4 gmail.com>
Subject: Re: Proposed Ordinance I Chapter 119
Alan,
Thank you for your response
We have had a very knowledgable attorney look over the proposed ordinance and we have been told this is the
most dangerous piece of legislation that has ever passed over their desk.
As you can imagine, I am outraged over this ordinance, but I did not mean for my last email to sound like a
threat. I appreciate your encouragement to give input and advise to be proactive.
Over and above the ordinance itself, what I am most concerned about is the aldermen who have already made
up their minds to pass this ordinance no matter the input they receive from the public debate.
That kind of blind agenda pushing flies in the face of our constitution and all the freedoms we hold dear. And
there are numerous freedoms that will be trampled under foot by this legislation.
Thank you for your consideration.
Andrew
On Aug 14, 2014, at 8:36 PM, Longward4@gmail.com <longward4@gmail.com> wrote:
Andrew,
I think the most valuable way to spend your time in this political process is to give input.
I doubt any council member would be swayed by talk of having them "recalled". That is an arduous political
undertaking and requires serious reasons. Voting for or against does not rise to this level.
I encourage you to give input, but as someone who has been very vocal both on and off the council, I offer you
the advise that participating in a proactive manor is more effective than telling someone that you will try to
remove them from office. That is just my opinion and I offer it as friendly advise.
I'm not sure what you are hearing from other council members (and please do not tell me), but what I have said
is that I am giving this ordinance every measure of consideration that a council member should when they are
hearing so much public input on both sides of an issue.
I hope you are well and that you join the process to impact the change you would like to see happen.
A good argument and persuasive speech is the best way to politically "get what you want", not emotional
(almost threatening) words.
Again, I say this with respect in hopes of it being possible to have a successful, open dialogue.
Sincerely,
Alan T Long
City of Fayetteville, AR
City Council Member -ward 4
ward4 Lio52L7)faveltevllle-ar.eov
On Aug 14, 2014, at 8:59 PM, "Andrew Clark" <andrew_clarkgme.com> wrote:
As you already know, mayors and city council members are among the few elected officials who can be
recalled. They must be in office for at least 6 months. They can be recalled for any reason if citizens gather
signatures from at least 35% of legal voters. Obviously, there's more to it than that, but those are the main
points.
People are not only considering a petition drive to repeal the ordinance if it passes, but that that same network
would be used to recall the people on the council who supported the measure.
There will be enough outrage about the ordinance that some members in some wards will be vulnerable to
recall. If you're vote can be swayed, I leave it to you all to decide if passing this ordinance is more important to
you than your seat on the city council.
Thank you,
Andrew Clark
5125 W Waverly Rd, Fayetteville AR
CitvClerk
From:
Mast, Richard L <rlmast@liberty.edu>
Sent:
Monday, August 18, 2014 10:41 PM
To:
Jordan, Lioneld
Cc:
RHONDA@ADAMSWARD4.COM; Gray, Adella; Kinion, Mark; City_Clerk-old; City -Clerk -
old; CITYCOU NCIL@ MATH EWP ETTY.ORG; City_Clerk-old; Tennant, Justin; City_Attorney;
Williams, Kit
Subject:
Proposed Civil Rights Ordinance adding "sexual orientation" and "gender identity"
Attachments:
Ltr - to Fayetteville City Council re Civil Rights Ordinance.pdf
Categories: Printed, Forwarded
Dear Mayor Jordan
Please see attached letter discussing Fayetteville's proposed Civil Rights Ordinance adding "sexual
orientation" and "gender identity," along with its attachments - police report, letter to Thurston County,
WA prosecutor, and picture of Clay Scott Francis.
To date, Mr. Francis' situation is the most widely -reported specific example of a cross -dresser
intentionally exposing himself in a locker room/sauna/restroom situation, but there are hundreds of
reports of other predators either claiming the same protections, or being arrested where it is still
against the law for them to do so.
The City Attorney's assertion that numerous assaults and other incidents involving cross-dressing
males in women's restrooms is only "fearmongering" is refuted by the media reports at the links
below.
The Gendertrender blog has an excellent compilation of the risks created by allowing men dressed as women
to enter women's spaces. While Liberty Counsel may not agree with all of the ideology espoused by the
following blog hosts, we do agree with the concerns over women and children's safety that are raised there.
2011-2012 compilation of reported bathroom incidents:
http:l/gendertrender.wordpress.com/201 1/05128/men-love-the-lad ies-restroom-tra nsciende r -ed itionI
There are numerous other reported incidents (assaults on women and children, indecent exposure,
public masturbation, covert photography etc.) by disordered men claiming to be "transgender"
(hftps://outofmypantiesnow.wordpress.com/2013/10/28/when-is-90-not-substantially- lllo; there are
over 250 media reported stories at this link alone.
From that link:
88% of the transgender population, those people who are protected by gender identity and
gender expression laws, are, as reported by their own advocacy organizations, males with a
psychosexual disorder. (1)
Many men with psychosexual disorders practice their fetish in the privacy of their own homes.
But as many as 13,946,348 of them in the US, at the time of this writing, will be free to practice
their fetish in public, in front of your children, in women's locker rooms, in the girls bathroom at
school. (2) This will be enabled by current and pending transgender legislation throughout the
US. (3)
Transgender fetish is the largest sexual disorder reported in convicted sex offenders.(4) Almost
100% of convicted sex offenders have a documented history of transvestism, crossciressing,
free -dressing, Autogynephilia, transsexualism — in other words: TRANSGENDER.
60% of convicted sex offenders have transgender fetish as their primary paraphillia (a parapillia
is a psychological sex disorder). Of the remaining fetishists, such as pedophiles, rapists, etc.,
60% of those sex offenders have transgender fetish as their secondary parapillia, in addition to
their primary disorder. Finally, 40% of convicted sex offenders have transgender fetish as their
tertiary (3rd) fetish among multiple disorders.
Transgender sex disorders are the leading indicator of criminal sexual behavior.
This is what transgender does:
rape and kill 6 year old girls http://maleviolence.files.wordr)ress.com/2013/10/alanna-
alla her -was -smothered -with- lastic-ba s -and -had -her -watch -stolen -b -nei hbor-17-
who-raped-and-killed-her-mai I -online. pdf
are sexual predators http://nametheproblem.com/2013/10/06/levandus-gacutan/ and
htt ://maleviolence.fites.word ress.com/2013/10/man-dressed-as-woman-char ed-with-
sexually-assaulting-of-boy-nbc-10-philadelphia.pdf
T. rape women http://www.manchestereveningnews.co.uk/news/local-
news/crossd resser-cabbie-convicted-of-rape-958087
TW rape women
hftp://www.nzherald.co.nzlnz/news/article.ofm?c id=1&obiectid=10661305
TW rape women http://www.cable-manufacturer.net/disnews.aspx?id=239
TW rape women http://www.cambridge-news.co.uk/CambridgefFhe-Cambridge-Rapist-
is-dead.htm
There are hundreds more instances reported, and I encourage all of the Fayetteville City Council members to
investigate them for themselves before voting to give legal protections to such disordered individuals.
Dallas: Convicted serial child rapist Paul Ray Witherspoon was reported to law enforcement by
a woman who was frightened by him in a hospital restroom designated for use by women and
girls. Witherspoon was wearing earrings and a skirt and a large bulky ankle GPS device worn by
paroled felons deemed likely to re -offend. His parole had been previously revoked at least twice:
in 2007 when Witherspoon was charged with assault and returned to prison until 2010, and
again when he was arrested in 2011 for sending out pornographic photos of himself over the
internet.
http: //www. n bcdfw. com/news/local/Transgender_-Woman-Convictions-I rrelevant-to-Citation-
149923975.html
htt :/! endertrender.word ress.com12013/07/20/shame-on-da I las-voice-news-ed itor-a nna-
waugh
/07/20/shame-on-daIlas-voice-news-editor-anna-
waugh
http: //gendertrender.wordpress. com/2012/05/04/child-sex-predator-paul-rav-witherspoon-
ticketed-for-usi no-fem a le -restroom -uses -gender -identity -defense!
California: Male rapist claiming "transgender" status placed in CA women's prison:
htto://ciendertrender.wordi)ress. com/2012/07/20/ccwf-stop-m ale-inmate-richard-masbruch-from-
being-housed-i n-a-womens-facility!
http:/Iwww. dailykos. com/story/2012107/2311112262/--Male-rapist-put-i nto-women-s-prison#
David Megarry ("Sandy Jo Battista"), a convicted sex offender who has molested girls, expects
tax payers to pay for his feminizing hormones.
htti):Hpacer. mad. uscourts. aov/dc/ca i-
bi n/recentops, r)l?filename=woodlocklpdflbattista071111.pdf
Kenneth Hunt ("Katheena Soneeya"), who was trying to get the State of Massachusetts to pay
for hair removal and sex reassignment surgery was convicted of murdering two women.
htt-
facer.mad.uscourts.gov/dc/cgi-
bin/recentops. p{?filename=taurolodf/soneeva%20v%20spencer%20et%20a1%20memo.pdf
Robert Kosilek ("Michelle Lynn" Kosilek), then 39, was already transitioning when he killed his
wife, Cheryl McCaul, during an argument. He strangled her to death, nearly decapitating her in
the Mansfield, Massachusetts home they still shared.
http://www.truty com/library[crime/blog/article/the-transgender-prisoner-and-the-eiahth-
am ne dment/index.html
Other "transgender" males presenting as women claiming access to women's restrooms:
httr)://www. kboi2. com/news/local/Ally-Alberto-Robledo-Idaho-202775861. html
http: //www. wfIa. com/stony/22798925/tran saender-student-at-odds-over-restroom-use
On behalf of concerned citizens of Fayetteville, I would appreciate your consideration of these sources prior to
voting on this proposed CRO.
Richard L. Mast, Jr., Esq.
Litigation Counsel
Liberty Counsel
800-671-1776 phone
434-592-7700 fax
www.LC.ore • RichardgLC.org
4t.Ly
y46*lJ
Post Office Box 540774 122 C St. N.W., Ste. 640 Post Office Box 11108
Orlando, FL 32854-0774 Washington, DC 20005 Lynchburg, VA 24506-1108
Telephone: 800.671.1776 Telephone: 202.289.1776 Telephone: 434.592.7000
Facsimile: 407.875.0770 Facsimile: 202.216.9656 Facsimile: 434.592.7700
www.LC.org liberty@LC.org
Reply to: Virginia
August 18, 2014
Via Email - LJORDANCa2FAYETTEVILLE-AR.GOV
Mayor Lioneld Jordan
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
RE: Proposed Civil Rights Ordinance adding "sexual orientation" and "gender
identity or expression" as protected classes
Dear Mayor Jordan,
By way of brief introduction, Liberty Counsel is a non-profit litigation, education, and
policy organization with an emphasis on religious liberties issues. We have offices in
Orlando, Florida; Lynchburg, Virginia; Washington D.C., and Jerusalem, Israel. We have
hundreds of affiliated attorneys around the world and the nation, including Arkansas.
Liberty Counsel writes on behalf of concerned Fayetteville churches and citizens
regarding the proposed new mandates relating to "sexual orientation" and "gender identity
or expression" as part of proposed revisions to the City of Fayetteville's "Civil Rights
Ordinance" ("CRO"). Despite representations of "religious exemptions," the CRO guts the
Free Exercise of Religion rights of churches and individual business and rental property
owners; exposes women and girls to danger in public restrooms; and will in turn expose the
City of Fayetteville to litigation and liability if enacted.
The hubris in the City Attorney's August 5, 2014 memo' ("Memo") to the Council is
breathtaking in its discussion of how City authorities plan to enforce this ordinance. The
Memo (as well as the similar Hutchinson, KS FAQ's interpretation of the effects of the
similar Hutchinson gender identity/expression proposal) unmasks the intolerant intent
behind ordinances of this nature. We urge the City Council to reject this CRO for these
reasons, in addition to those set forth below.
' http://posting.arktimes.com/media/pdf/8.5.14 - memo _re_ letter _ from _s._nichols_on_civil_rights_ordinance.pdf
z http://www.hutchgov.com/egov/docs/1332537777_170654.pdf
Fayetteville City Council
August 18, 2014
Pg. 2
First, equating "gender identity/expression" with skin color, and adding it to
protections against discrimination based on color and other categories such as those
contained in the 1964 Civil Rights Act is not about fighting discrimination. It is an attack
upon the religious and privacy rights of all Americans, of all colors, and both sexes, but it is
particularly insulting to African-Americans and to women. The color of one's skin is a
genetic unchangeable. One's biological sex is a genetic unchangeable. "Sexual Orientation'
and "Gender Identity/Expression" (as used in the proposed ordinance) are euphemisms for
homosexuality and cross-dressing, which are fluid.
Second, contrary to any assertions in the CRO's recitals, there simply is no
legitimate data showing that "discrimination" on the basis of "sexual orientation" or "gender
identity or expression" is occurring in Fayetteville, nor of the necessity of their inclusion in
the proposal, beyond a desire to force normalization of harmful behavior, and to punish
those who speak out against it. As you know, neither of those categories are recognized as
legitimate protected classes under Arkansas state law or under United States constitutional
law or federal statutes, and for good reason: they are subjective changeable behavior-
based categories subject to moral choice, and are not immutable characteristics such as
race, sex, skin color or ethnicity, or fundamental rights such as religious belief.
Third, the CRO severely infringes upon the religious Free Exercise rights of
churches. Regardless of disingenuous rhetoric such as the Memo's discussion of a
purported religious exemption for churches, the actual text of CRO Section 119.07(F) states
that "Nothing contained in this chapter shall be deemed to prohibit a religious... institution
from selecting or rejecting applicants and employees for non-secular positions on the
basis of the applicant's or employee's conformance with the institution's religious or
denominational principles." (Emphasis added). As such, churches would be forced to violate
their own teachings when hiring employees for so called "secular positions" such as
janitorial or maintenance staff. Moreover, Section 119.07 (F) goes on to state that if the
church engages in an "otherwise unlawful practice" (i.e., refusing to hire a person engaging
in unrepentant sin, such as homosexuality, adultery, fornication, or cross-dressing), the
church "shall have the burden of proving" that it has "bona fide" reasons for the "otherwise
unlawful practice." This puts churches in a very precarious legal position.
In addition, Sec. 119.07 (1) allows a church to use ONLY its "sanctuary or chapel"
consistent with its religious beliefs. The CRO as written (and the City Attorney's office)
confirms that all other church property such as "a fellowship hall or classroom" must be
made available to homosexual groups or other groups with a message contrary to
the church's sincerely held religious beliefs, "if a church allows outside groups to rent
space...". See City Attorney Memo, August 5, 2014 Civil Rights Ordinance - Response. to
Letter from Attorney Stephanie Nichols, Paragraph 1.
It is now axiomatic that the First Amendment "gives special solicitude to the rights of
religious organizations." Given that undeniable fact, attempting to impose employment
regulations on churches and religious organizations whose doctrines and sincere religious
convictions forbid such affiliation and employment is flatly unconstitutional. The City is
Fayetteville City Council
August 18, 2014
Pg. 3
without authority to force churches to employ individuals engaged in conduct expressly
forbidden by the teachings of the church. This is true regardless of the particular position
that the employee holds in the churches of Fayetteville, because all positions in those
churches carry out the ministry and mission of the church. As such, their behaviors must
conform to the teachings of the church. Indeed, in Hosanna -Tabor Evangelical Lutheran
Church & Sch. v. E.E. O. C., 132 S.Ct. 694 (2012), the Supreme Court squarely rejected the
idea that churches and religious organizations can only be immune from employment
regulations in the selection of those employees who perform exclusively religious tasks. Id.
at 708-09. Specifically, the Court noted that it "cannot accept that view. Indeed, we are
unsure whether any such employees exist. The heads of congregations themselves
often have a mix of duties, including secular ones." Id. at 709 (emphasis added). As such, it
is indisputable that Fayetteville would be grossly overstepping its authority by adopting such
a provision. It should be rejected
Fourth, the CRO violates the religious Free Exercise rights of property and business
owners, confirmed by Memo Paragraph 3. The Memo invents imaginative hypothetical
situations regarding "Christian florists" refusing to provide flowers for a "Hindu wedding" or
an "interracial couple." The CRO and the City Attorney's office envision enforcing this
ordinance against individual business owners holding religious convictions against
homosexual unions, or against cross -dressers in women's restrooms.
It is record fact that business owners in other localities (who would not fall into any
"religious exemption" under the proposed Fayetteville CRO) such as sign makers, graphic
designers, photographers3, cake bakers", and florists5 have all been forced by threat of
criminal or civil punishment to participate in promoting same-sex unions in violation of their
religious convictions. Those who are employed in these professions in Fayetteville would be
subjected by the CRO to penalties merely for living according to their religious convictions,
in violation of their right to the free exercise of religion, and in violation of their right to
freedom of association.
However, as the Supreme Court recently recognized, religious businesses Oust like
their individual owners) retain the right to exercise religion and to operate consistently with
the sincerely held religious beliefs of those who own and control the company. Burwell v.
Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (June 30, 2014). "A corporation is simply a form
of organization used by humans to achieve desired ends. . . . When rights, whether
constitutional or statutory, are extended to corporations, the purpose is to protect the rights
of these people." Id. at 2768. As such, "protecting the free -exercise rights of corporations . .
. protects the religious liberty of the humans who own and control those companies."
Id. (emphasis added). There can be no doubt that corporations in Fayetteville have the right
to exercise their sincerely held religious beliefs, and that this right is trampled upon by this
CRO.
3 http://blog.heritage.oFg/2013/08/22/same-sex-marriage-trumps-religious-liberty-in-new-mexico/
4 http://blog.heritage.org/2013/12/18/colorado-baker-faces-fines-religious-beliefs/
5 http://blog.heritage.org/2013/04/17/penalizing-religious-belief-no-bed-of-roses/
Fayetteville City Council
August 18, 2014
Pg. 4
Just as the Supreme Court recognized the fundamental rights of the owners of a for-
profit corporation to religiously object to statutes mandating action violative of their religious
beliefs, id. at 2772, so, too, are Fayetteville businesses entitled to object to participating in
or facilitating events or engaging in conduct that violates their sincerely held religious
beliefs. Indeed, as the Supreme Court has recognized since time immemorial, "the free
exercise of religion involves not only belief and profession, but the performance of (or
abstention from) physical acts .... Business practices that are compelled or limited by
the tenets of a religious doctrine fall comfortably within that definition." Id. at 2770
(emphasis added).
This CRO traverses the line between permissible regulation and impermissible
burden on the rights of religious business owners throughout the City. The CRO mandates
compliance with certain hiring and employment practices, which go against the sincerely
held religious beliefs of many business owners. Indeed, the CRO would force churches and
other religious entities to permit individuals with a "perceived gender identity' contrary to
the biological reality of their birth to use the restroom of whatever gender they identify with
on a given day. See CRO Section 119.05.
There is nothing in the CRO that would permit a religious business owner (or any
owner for that matter) to protect the women and children patronizing his establishment from
the gross intrusion of privacy and danger of a pedophile or fetishist man claiming he is
perceiving himself as a woman that day). This type of mandated compliance is a blatant
attempt to force agreement with a notion that biological reality can somehow be changed
based on the way an individual perceives himself or herself on a given day. This compliance
comes at the expense of one of the oldest fundamental freedoms enjoyed by the citizens of
Fayetteville—the right to the free exercise and enjoyment of one's religion. The CRO is
simply unconstitutional.
Fifth, in addition to trampling the rights of religious business owners and churches,
Section 119.02(1) of the CRO tramples reality with its definition of "Gender Identity" as "a
person's gender -related identity, whether or not that identity is or is perceived to be different
from that traditionally associated with the sex assigned to that individual at birth." (Emphasis
added). This definition is ludicrous, enshrining into law the insanity that biological sex and
gender congruence/wholeness corresponding with biological sex is somehow an arbitrary
"assignment" at birth by others, and not an innate biological fact. Moreover, the definition
itself is hopelessly subjective, and is incapable of objective interpretation by the public
affected by it. Law is meant to promote order, and this definition promotes anarchy.
Finally, in Memo Paragraph 4, the City Attorney blithely dismisses as
"fearmongering" documented safety concerns about the known danger of lewd exhibitionists
in women's restrooms,6 locker rooms and showers in "places of public accommodation."
The City Attorney ignores record fact that in jurisdictions where "gender identity" has been
added as a protected class for purposes of public accommodation laws, women and girls
6 http://gendertrender.wordpress.com/2011/05/28/men-love-the-ladies-restroom-transgender-edition/
Fayetteville City Council
August 18, 2014
Pg. 5
are exposed to harm from lewd exhibitionist cross -dressers. See also the all -too -real story
of Clay Scott Francis in the attached police report and November 2, 2012 letter to the
Thurston County, WA prosecutor's office. As you may recall, Mr. Francis used the
Washington state "sexual orientation/gender identity expression" nondiscrimination
provision to engage in "sitting with h[is] legs open with h[is] male genitalia showing" in the
Evergreen State College women's locker room in front of women and girls. His
interpretation of the law and policy was adopted by Evergreen State College, as well as the
Thurston County prosecutor's office. He remains free to continue this lewd and demented
practice today, under the full protection of the law. Fayetteville's proposed CRO would allow
this or a similarly -deranged individual to inflict the same harms on Fayetteville's residents,
with impunity. If the CRO passes, lewd exhibitionist cross -dressers in Fayetteville, like Mr.
Francis, will be free to engage in their offensive and dangerous conduct. This is not
"fearmongering," but objective reality based on irrefutable fact.
Thus, the City Council should reject this CRO, because it violates the First
Amendment religious free -exercise rights of churches, business owners, property owners,
employees, and others, and because it permits men to violate the privacy rights and safety
of girls and women in restrooms, locker rooms and other public facilities. .
If the City Council does enact this indefensible CRO, Liberty Counsel will vigorously
litigate to protect its many local constituents against these harms. The City Attorney's
unsupported prediction in Memo Paragraph 6 that the CRO will lead to "no notable
increase in litigation" is pie -in -the sky and head -in -the -sand wishful thinking, which will
swiftly prove to be wrong.
Sincerely,
RLM/jml
Attachment
CC
Via Email
t Licensed in Florida and the District of Columbia
tt Licensed in Virginia
I
I
Richard L. Mast
Fayetteville City Council
August 18, 2014
Pg. 6
Fayetteville City Council
Rhonda Adams:
Adella Gray:
Mark Kinion:
Alan Long:
Sarah Marsh:
Matthew Petty:
Martin Schoppmeyer:
Justin Tennent:
City Attorney
Kit Williams:
Assistant City Attorney
Blake Pennington:
RHONDA@ADAMSWARD4.COM
WARD1_POS1 @FAYETTEVILLE-AR.GOV
WARD2_POS1 @FAYETTEVILLE-AR.GOV
CITY_CLERK@FAYETTEVI LLE-AR.GOV
CITY _CLERK@FAYETTEVI LLE-AR.GOV
CITYCOUNCIL@MATHEWPETTY.ORG
CITY _CLERK@FAYETTEVI LLE -AR. GOV
WARD3_POS1 @FAYETTEVILLE-AR.GOV
KWILLIAMS@FAYETTEVI LLE -AR. GOV
CITY_ATTORNEY@FAYETTEVILLE-AR.GOV
EVERGREEN STATE COLLEGE POLICE SERVICES
2700EVERGREENI'MY1W OLYMPLA.WAM05
caw4" vvMUW`- ,t -i-_'
SUSPICIOUS CIRCUMSTANCES Disposition: REPORT REPORT ONLY - LNTORNIATIO.-N
ONLY - INFORMATION
INDECENT EXPOSURE Disposition: REPORT ONLY -
INFORAIATIOIN
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IMWION"Mice
On'Mursday, September 27th at 11:50 am I was contacted in person by� who is
®here at the Evergreen State College and mother ofjR.who is a 17 year old student in the swim
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club at Capital High School She reported her daughter % upset cause she observed a person at the
women's locker room naked and displaying male genitalia. =felt her daughter shouldn't have been victim to
4,11,
CHIEFED SORGER 9 2812012=10:03:45 CHIEF ED SOROER
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Printed rkt: 10/11201-110:58:50ANI Page 2 of 3 Report Excz c(2012)
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ttus type of situation and wanted sometlung done about it. 1 advised net' 1 would be 10110wm9 up on.
complaint and asked her to have her daughter forward a Statement in reference to what she observed.
NOTE: The day prior on Wednesday, September 26th at 1712 hours. Officers Brewster and Koppeidnver
responded to the Campus Recreation Center (CRC) on a report of a man in the women's locker room. The
person who called Police Services was a Joshua Trotter (coach with the Evergreen Swan Club - not affiliated
with Evergreen College) When the officers arrived they were advised the individual in question was
tans -gender and the CRC was handling the situation and misunderstanding. Apparently Colleen Francis's
(taus -gender person) friend Lacy Malloy had a conversation with someone at the CRC and was Upset with
Colleen's identity being questioned. It's unknown at the time of this report who the conversation was with,
Tiffany Wright, who is a swum coach for Evergreen Swint Club (no affiliation to Evergreen College), called trip
on Friday. September 28th to advise she was the one who confronted Colleen in the sauna. Because while she
was at the pool, a female high school swim student came up to her and stated there was a man in the sauna. The
lifeguard (Justin) requested Tiffany to go to the sauna and check it out and she did at which time she observed
Colleen sitting with her legs open with her male genitalia showing and Tiffany said to her. "you need to leave."
Tiffany then went to the front desk and asked the person there to call police. She subsequently forwarded an
email statement to me. wbich is attached to this report. In this email site states she apologized to Colleen for for
questioning her but she also explained there were girls 6 to 18 years of age and they were not use to seeing
individuals in situations like this.
I contacted Joe wheeler at the Thurston County Prosecutor's Office and advised hila of the situation and asked
him if we had enough information for a possible indecent exposure or any other charges based on the complaint
from the and he advised he would get back to me shortly. I then received a call back and Joe
advised be met with other colleagues to confer and lie stated the criminal law is very value in this area and it
would be unlikely they could pin -sue charges. I then advised -of this information and also
explained to her the college is taking this seriously and looking into some avenues to minimize this type of thing
from occurring in the future.
CniFF•ED SORGM 1 942V2012 at 10;03:4$ 1 1 CHIEF EO SORUER
Painted At; IV] V2012 10:55:50AM Page 3 of 3 Report Exec c(2012)
1015 Fifteenth St. N.W., Ste, 1100 Post Office Box 11108
Post Office Box 540774 Washington, DC 20005 Lynchburg, VA 24506-1108
Orlando, FL 32854-0774 Telephone: 202.289.1776 Telephone: 434.5927000
Telephone: 800.671.1776 Facsimile: 202-216-9666 Facsimile: 434.592.7700
Facsimile: 407.875.0770 liberty@LC.org
www.LC.org
Reply to: Virginia
November 2, 2012
Via U.S. Mail and Facsimile (360) 754-3358
Joe Wheeler, Assistant Prosecutor
Thurston County Prosecutor's Office
2000 Lakeridge Dr S.W., Building 2
Olympia, WA 98502
RE: Failure to prosecute indecent exposure of Clay Scott Francis aka
"Colleen Francis'
Dear Assistant Prosecutor Wheeler,
Liberty Counsel writes on behalf of concerned parents regarding your office's
failure to prosecute cross -dresser Clay Scott Francis, also known as "Colleen Francis,"
for indecent exposure of his genitals to women and under -age girls in the Evergreen
State College women's locker room.
By way of introduction, Liberty Counsel is a non-profit litigation, education, and
policy organization with an emphasis on religious liberties issues. We have offices in
Florida, Virginia, Washington D.C., and Jerusalem, Israel. We have hundreds of
affiliated attorneys around the world and across the nation, including Washington.
I understand that Clay Scott Francis, AKA "Colleen Francis" has frequented the
women's restroom and locker rooms at Evergreen State College. As you know, these
facilities are made available to the local high school swim team, as well as elementary -
age students who take swimming lessons. On September 28, 2012, a police report was
filed in which Mr. Francis was observed "sitting with h(is] legs open with h[is] male
genitalia showing" in the presence of and while staring at minor girls. As reported online
Thurston County Prosecutor's Office
November 2, 2012
Pg. 2
and in his internet postings,' Mr. Francis is a 45 year old man who retired from the US
Army after 20 years as a supply sergeant. Married three times, he has three adult
children and two daughters aged 7 and 5. His cross -sex hormones are provided by the
Veterans' Administration and he is reportedly on a cocktail of psychiatric meds, lithium
and antabuse prescribed for a troubling history that he details at length on a blog at the
"Transgender Lesbian Space" of the "puddygirl" dating site for women.2 He says he is
known as "Fee Raven" (not to be confused with the UK fetish model of the same name)
in the "BDSM Community" and is a self -described pervert, as he sets forth in his profile
on "okeupid.com":
There's no one "type" of woman that I am attracted to, really. I love women
and find all kinds of women attractive. I must admit that 1 have a special
affinity for "curvy" girls and those who some might call "natural" girls. 1
have a thing for "hippie chicks," I have to say! They REALLY get me
going! If you're one of those awesome women who long ago gave up
getting rid of your beautiful body hair, I'll probably fall down in adoration at
your feet.
Did I mention 1 just love and adore women? Their touch, feel, scent, taste.
... are all intoxicating to me! :)
I am a very attentive sexual partner and love to please whomever I am
with. It is extremely important to me. I consider myself a switch and can be
very, very submissive, but have a little dominant streak that comes out
sometimes as well. Most of all I think that sex should be fun!
I am a hedonist, and very sensual...
am not looking for men. It's that simple.
love women. The female body and spirit are perhaps the most beautiful
of the Goddess' creations and I am a devout worshipper. I love exploring
all parts of both the body and spirit. Finding those special places within
both that bring pleasure and meaning to life.
[Y]ou already know I'm kinky, that I identify as a woman, that I am a
recovering alcoholic, a retired Soldier, a Witch, and that I believe in my
capacity for infinite Love and relationships. If you want to know anything
� httn:l/eendertrender.wordpress.cum/tae/colleen-Francis/
Z }Ott}r//�,�pdcrtrendcr.�iard�n•ess.cocn/taL/colleen-frarscis/
Thurston County Prosecutor's Office
November 2, 2012
Pg. 3
else, just ask, and I guarantee you're going to get a straightforward
answer!
I'm looking for
• Girls who like girls
• Ages 18-80
• Near me
• For new friends, long-term dating, short-term dating, activity
partners, casual sex
On the website "mywholesexlife", Mr. Francis gives an interview on his
depraved sexuality. The article states, "[Francis] still has a penis and as [he]
says, "I use my c --k cuz I have one (sic)." The author of the article "was kind of
surprised to discover that most trans folk still have original plumbing because I
would not have guessed from outward appearances. Gender really is about
what's inside and how you present to the world .,,3 Emphasis added,
As the police report and Mr. Francis' own words and actions attest, "sitting with
hfis] legs open with h[is] male genitalia showing" in the women's locker room in front of
women and girls certainly is one way of showing "what's inside and how you present to
the world."
Mr. Francis clearly is a safety and security risk to the women and girls that use
the locker rooms at Evergreen State College. Indecent exposure is not a civil right. You
have been notified of this situation, but the 9/28/12 police report for this incident states
that the Evergreen State College campus police officer
contacted Joe Wheeler at the Thurston County Prosecutor's Office and
advised him of the situation and asked him if we had enough information
for a possible indecent exposure or any other charges based on the
complaint from the [witnesses] and he advised he would get back to me
shortly. I then received a call back and Joe advised he met with other
colleagues to confer and he stated the criminal law is very vague in
this area and it would be unlikely they could pursue charges. I then
advised [the witnesses] of this information and also explained to her the
college is taking this seriously and looking into some avenues to minimize
this type of thing from occurring in the future.
In fact, the criminal law is not vague on this issue. According to RCW 9A.88.010
(1), "A person is guilty of indecent exposure if he or she intentionally makes any open or
obscene exposure of his or her person... knowing that such conduct is likely to cause
reasonable affront or alarm." "It is a gross misdemeanor on the first offense if the person
3littp://wboicsexlife.com/2011/07/gender-presentation-series-colleen/
Thurston County Prosecutor's Office
November 2, 2012
Pg. 4
exposes himself or herself to a person under the age of fourteen years." RCW
9A.88.010(2)(b).
Furthermore, a person is guilty of voyeurism (A class C felony) according to
RCW 9A.44.115 if, "for the purpose of arousing or gratifying the sexual desire of any
person, he or she knowingly views..."
(a) Another person without that person's knowledge and consent while the
person being viewed ... Is in a place where he or she would have a
reasonable expectation of privacy; or
(b) The intimate areas of another person without that person's knowledge
and consent and under circumstances where the person has a
reasonable expectation of privacy, whether in a public or private place.
Even if women and minor girls know of Mr. Francis' presence, he commits the
crime of voyeurism if they have not consented to his presence. He commits the crime if
even one woman or girl objects. Furthermore, minors cannot give consent to adult
males gratifying their sexual desire through lounging naked in the sauna while leering at
them, within the meaning of the above statute. Women and girls have a reasonable
expectation of privacy in the women's locker room, to be free from lewd exhibition and
observation by adult cross-dressing males with intact male genitalia (or any males, for
that matter).
Finally, the requirements of non-discrimination based upon sexual orientation or
gender identity and expression in provision of public accommodations as set forth in
RCW 49.60.040 et seq. would not apply to this situation for a number of reasons,
including Mr. Francis' own words about how he obtains sexual gratification. A rule of
statutory construction is that statues may not be read to achieve an absurd result.
Construing protections in public accommodation laws to prevent prosecution for
indecent exposure and voyeurism would be an absurd result.
Your inaction and refusal to enforce the law have unnecessarily exposed the
public to the dangers presented by this sexual deviant. You have also increased the
likelihood of an incident requiring the use of force against Mr. Francis by a member of
the public or a parent in defense of the innocent women and girls who are entitled to
use the locker rooms without fear of confronting a cross-dressing male exposing himself
in public. Certainly, a father or male passerby would be privileged to enter the women's
locker room if a woman or girl were in reasonable fear of sexual assault, or if Mr.
Francis were indecently exposing himself to them. As you also know, the "use, attempt,
or offer to use force upon or toward the person of another is not unlawful"... "whenever
necessarily used by a person arresting one who has committed a felony and delivering
him or her to a public officer competent to receive him or her into custody." RCW
9A.16.020(2). The use of force is also permissible "Whenever used by any person to
prevent a mentally ill, mentally incompetent, or mentally disabled person from
Thurston County Prosecutor's Office
November 2, 2012
Pg. 5
committing an act dangerous to any person, or in enforcing necessary restraint for the
protection or restoration to health of the person, during such period only as is necessary
to obtain legal authority for the restraint or custody of the person."
Clearly, as evidenced by his own words and actions, Mr. Francis derives sexual
pleasure from the lewd exhibition of his genitals in the presence of underage girls and
women. "Voyeurism" as engaged in by Mr. Francis is a Class C Felony. All citizens are
entitled to stop a felony in process utilizing as much force as is reasonably necessary
under the circumstances, particularly where they owe a duty of protection to the minor
children. Thus, any parent or group of parents who is called to the scene of future
incidents will be entitled to protect their children from the danger presented by Mr.
Francis utilizing such force as is reasonably necessary, because of your office's failure
to secure the public safety.
Based on the legal authorities discussed in this letter, we ask that your office
reconsider its ill-conceived advice to Evergreen Campus Police Chief Ed Sorger, and
proceed with filing charges against Mr. Francis. If you fail to do so, by your continued
indifference, members of the public may conclude that the danger presented by Mr.
Francis is not a concern of your office, and they may take all appropriate and legal
actions necessary to protect their minor children.
I appreciate your immediate attention to this matter, and I would request the
courtesy of a response by November 16, 2012.. 11, f ,%
Richard L. Mast, Jr., Esq.1
RLMljml
CC
Via Email
John Tunheim, Prosecutor
prosecutorsofficea co.thurston.wa.us
Dick Cvitanich, Superintendent, Olympia School District
dcvita nichna.osd.wed net.ed u
1 Licensed in Virginia
http://gendertrender.files.wordpmss,com/2012/10/colleen-francis.jpegf l 1/2/2012 3:43:45 PM]
CityClerk
From: Joy Williams <williamsjoym@gmail.com>
Sent: Tuesday, August 19, 2014 1:43 PM
To: City -Clerk -old
Subject: Anti -discrimination ordinance
Categories: Forwarded
This message is intended for my council member, Alan Long. The address above was obtained from the city
website directory and it does not appear to be correct. If it is not Alan's address would you kindly forward?
I support the anti -discrimination ordinance.
Joy Williams
924 N. Hall
Fayetteville, AR 72701
"If you understand, things are just as they are; if you do not understand, things are just as they are." Zen proverb
Cit Clerk
From:
danwwebb@cox.net
Sent:
Tuesday, August 19, 2014 5:05 PM
To:
CityClerk
Subject:
Proposed Civil Rights Administration
Please distribute a copy of this e-mail to each council member.
Dear Council Member,
I am concerned about the "unintended consequences" of the Civil Rights proposal and
the affect on our individual freedoms.
I do not consider it a question of civil rights, since it is choice of individuals to practice
homosexuality. As it is not a civil right to be a drug or alcohol abuser.
Please do not vote for an issue that impacts my rights as a citizen for choice of
association.
Respectfully,
Dan W. Webb
3138 E. Crestline Place
Fayetteville
Sent from Windows Mail
I
\ EXHIBIT A
CHAPTER 119: CIVIL RIGHTS
ADMINISTRATION
119.01 Purpose
orientation, disabilityor veteran status.
i
The purpose of this, chapter is to protect and safeguard
(E) "Employee" moans any individual employed or
the right and oppor[Upity of all persons to be free from
seeking employment from an employer.
discrimination based ,,on real or perceived race,
ethnicity, national origin; age, gender, gender identity,
(F) "Employee" means any person, business or
gender expression, familial status, marital status,
organization which regularly employs five (5) or
socioeconomic background, religion, sexual orientation,
more individuals, not including the employers
disability and veteran status. This chapter's purpose is
parents, spouse or children. For purposes of this
also to promote the public health and welfare of all
chapter an employer "regularly" employs five (5)
persons who live or work in the City of Fayetteville and
individuals when the employer employs five (5) or
to ensure that all persons within the City have equal
.,more individuals for each working day in any
access to employment, housing, and public
twenty (20) or more calendar weeks in the current
accommodations.
or previous calendar year. For purposes of this
chapter an "employer' is also any person or entity
119.02 Definitions
acting on behalf of an employer, directly or
indirectly, or any employment agency.
(A) "Business Establishment" means any, entity,
however organized, which furnishes goods,,
(G) "Familial status" means aindividual's status as
services or accommodations to the general public,
parent or legal guardian to s a child or children below
An otherwise qualifying establishment which has
the age of eighteen (18) who may or may not
membership requirements is considered to furnish'
reside with that individual.
services to the general public if its membership
"Gender'
requirements consist only of payment of.'fees or
(H) means actual or perceived sex.
consist only of requirements under Which a
substantial portion of the residents ofth city could
(t) "Gender Identity" means a person's gender-related
qualify.
identity, whether or not that identity is or is
perceived to be different from that traditionally
(B) "Civil Rights Administrator' meatts the person
` fit associated with the sex assigned to that individual
designated by the Mayor to receive, investigate
.,birth.
and conciliate complaints br4ght under this
0) "d6oder Expression' means a person's gender-
chapter. f
relate=d appearance and behavior whether or not
that gender expression is or is perceived to be
(C) "Disability or "Disabled" mo ns, with respect to an
different from that traditionally associated with the
individual, a physical ori mental impairment, a
person's assigned sex at birth.
record of such an impairilrent, or being perceived
or regarded as havi such impairment. For
(K) "Marital statas" means an individual's status as
purposes of this chi ter, discrimination on the
single, married *domestically partnered, divorced or
basis of disability n)6ans that no covered entity
widowed.
shall discriminate a ainst a qualified individual with
a disability becauof that individual's disability.
The term "qualified individual with a disability" shall
L "Place of means inns,
() public
mestau
mean an individual with a disability who, with or
a
taverns, hotels, motels, restaurants, wholesale
motels,
without reasoryable accommodation, can perform
outlets, retail outlets, banks, savings and loan
the essential functions of the employment positions
associations, other financial institutions, credit
that the indi)fidual holds or desires.
information bureaus, insurance companies,
dispensaries, clinics, hospitals, theaters,
i
(D) 'Discriminate, Discrimination or Discriminatory"
iny
recreational parks and facilities, trailer camps,
garages, public halls, and all other establishments
means act, policy or practice that has the
within the City which offer goods, services,
effect of subjecting any person to differential
accommodations and entertainment to the public.
treatment as a result of that person's real or
A place of public accommodation does not include
perceived race, ethnicity, national origin, age (if 18
any institution, club or other place of
years of age or older), gender, gender identity,
accommodation, which by its nature is distinctly
gender expression, familial status, marital status,
private.
socioeconomic background, religion, sexual
(Ml .."Sexual orientation" means actual or perceived
hQterosexuality, homosexuality or bisexuality.
(N) "Veteean status" means an individual's status as
one who served in the active military, naval or air
service, and who was discharged or released
under conditions other than dishonorable.
119.03 Prohibited'Acts of Discrimination -
Employment
(A) With regard to employment, it shall be unlawful for
any employer or labor organization to engage in
any of the following acts wholly or partially for a
discriminatory reason:
(1) To fail to hire, refuse to hire 6r.discharge an
individual;
(2) To discriminate against any individual with
respect to compensation, terms, conditions or
privileges of employment, including promb�ion.
Nothing in this section shall be constru2d to
require any employer to provide benefits, such
as insurance, to individuals not employed by
the employer;
(3) To limit, segregate or classify employees in
any way which would deprive or tend to
deprive any employee of employment
opportunities, or which would otherwise lend
to adversely affect his or her status as an
employee;
(4) To fail or refuse to refer?or employment any
individual in such a manner that would deprive
an individual of employment opportunities, that
would limit an individual's employment
opportunities or 'that would otherwise
adversely affect an individual's status as a
prospective employee or as an applicant for
employment; ,
(5) To discriminate against an individual in
admission to, or employment in, any program
established to provide apprenticeship or other
job training, including on-the-job training
programs;
(6) To print or publish, or cause to be printed or
published, any discriminatory notice or
advertisement relating to employment. This
subsection shall not be construed so as to
expose the person who prints or publishes the
notice or advertisement, such as a newspaper,
to liability;
(7) To discriminate in referring an individual for
employment whether the referral is by an
employment agency, labor organization or any
other person.
119.04 Prohibited Acts of
Discrimination - Housing and Real Estate
Transactions
(A) With regard to housing and real estate
transactions, which include both sales and leases,
it shall be unlawful to engage in any of the
following acts wholly or partially for a discriminatory
reason:
(1) To discriminate by impeding, delaying,
discouraging or otherwise limiting or restricting
any transaction in real estate;
(2) To discriminate by imposing different terms on
a real estate transaction;
(3) To represent falsely that an interest in real
estate is not available for transaction;
(4) To include in the terms or conditions of a real
estate transaction any discriminatory clause,
condition or restriction;
(5) To discriminate in performing, or refusing to
perform, any act necessary to determine an
individual's financial ability to engage in a real
estate transaction;
Fra property manager to discriminate by
refl{sing to provide equal treatment of, or
servtges to, occupants of any real estate which
he or she manages;
(7) To make,. print or publish, or cause to be
made, printed, or published, any discriminatory
notice, statement or advertisement with
respect to a real estate transaction or
proposed real estate transaction, or financing
relating thereto. This subsection shall not be
construed to prohib&.advertising directed to
physically disabled persons or persons over
the age of fifty- five (55) for the purpose of
calling to their attention .the existence or
absence of housing accommodations or
services for the physically disabled or elderly;
(8) To discriminate in any financialtransaction
involving real estate on account of the location
of the real estate, be it residential or non-
residential ("red -lining');
(9) For a real estate operator, a real estate broker,
a real estate salesperson, a financial
institution, an employee of any of these or any
other person, for the purposes of inducing a
real estate transaction from which such person
may benefit financially, to represent that a
change has occurred or will or may occur in
the composition with respect to the race,
ethnicity, national origin, age, gender, gender
identity, gender expression, familial status,
inarilal status, socioeconomic background,
reli`g'ion, sexual orientation, physical
characteristic, disability or veteran status of
the ci, nRers or occupants in the block,
neighborhood or area in which the real
property is,lpcaled or to represent that this
change will dr, may result in the lowering of
property values an increase in criminal or
antisocial behavior; or a decline in the quality of
schools in the block, neighborhood or area in
which the real prodgrty is located ("block -
busting");
(10)Notwithstanding the provistgqns of subsections
(a) through (h), it shall nof� be an unlawful
discriminatory practice for an`Qwrier to limit
occupancy on the basis of a Serson's low-
income, age over fifty-five (55)1,years or
disability status in accordance with federal or
state law;
(11)Notwithstanding the provisions of subsects
(a) through (h), it shall not be an unlawful,'
discriminatory practice for an owner, lessor or
renter to refuse to rent, lease or sublease a
portion of a single family dwelling,. nit to a
person as a tenant, roomer or boarder where it
is anticipated that the owner, lessor or renter
will be occupying any portion'of the single-
family dwelling or to refuse.to rent, lease or
sublease where it is anticipated that the
owner, lessor or renter wpr be sharing either a
kitchen or a bathroom with the tenant, roomer
or boarder.
(12) Notwithstanding any other provision of this
chapter, it is not an unlawful discriminatory
practice to apply or enforce the definition of
"family" for zoning purposes pursuant to §
151.01 of the Unified Development Code.
119.05 Prohibited Acts of Discrimination -
Business Establishments or Public
Accommodations
(A) It shall be unlawful for a business establishment or
place of public accommodation to engage in any of
the following acts wholly or partially for a
discriminatory reason:
(1) To deny, directly or indirectly, any person the
full enjoyment of the goods, services, facilities,
privileges, advantages and accommodations
of any business establishment;,/Or place of
public accommodation, unless required by
state or federal law;
(2) To print, publish, circulate, post or mail,
directly or indirectly, a statement,
advertisement or sign which indicates that the
full and equal enjoyment of the goods,
services, facilities„/privileges, advantages and
accommodationof a business establishment
or place of ,public accommodation will be
unlawfully refused, withheld from or denied an
individual / or which indicates that an
individuals patronage of, or presence at, the
businp5s establishment or place of public
accefnmodation is objectionable, unwelcome,
unacceptable or undesirable, unless the denial
of the goods or services is required by state or
i
federal law.
119.06 City Services, Facilities,
Transactions and Contracts
(A) The City of Fayetteville shall be bound by the
provisions of this chapter to the same extent as
private individuals and businesses.
(B) All contractors doing business with the City of
Fayetteville shall abide by this ordinance.
ti 119.07 General Exceptions
� A) Any practice which has a discriminatory effect and
which would otherwise be prohibited by this
chapter shall not be deemed unlawful if it can be
`established that the practice is not intentionally
&yised to contravene the prohibitions of this
chapter and there exists no less discriminatory
meant of satisfying a business purpose.
(B) This chapter shall not apply to any federal, state or
county government office or official, or any public
educational institution within the City.
(C) Unless otherwis9, prohibited by law, nothing
contained in this chapter shall be construed to
prohibit promotional agtivities such as senior citizen
discounts and other 'Similar practices designed
primarily to encourage p8_rticipation by a protected
group.
i
(D) It shall not be an unlawful discriminatory practice
for an employer to observe the conditions of a
bona fide seniority system or a bona fide employee
benefit system such as a retirement, pension or
insurance plan which is not a subterfuge or pretext
to evade the purposes of this chapter.':
(E) It shall not be an unlawful discriminatory practice
for any person to carry out an affirmative action
119.09 Retaliation Prohibited
\
plan as required by state or federal law, or by court
order.
�
A It is an unlawful discriminatory
O practice to coerce,
(F)
Nothing contained in this chapter shall be deemed
threaten, retaliate against, interfere with or
discriminate against a person because that person
to prohibit selection or rejection based solely upon
has opposed any practice; made unlawful by this
a bona fide occupational qualification or a bona
chapter, has made a hon -frivolous charge or
fide phjsical requirement. Nothing contained in this
complaint, or has testified truthfully, assisted or
chapter $hail be deemed to prohibit a religious or
participated in an. investigation, proceeding or
denominatlonal institution from selecting or
rejecting applicants and employees for non -secular
hearing pursuant toithis chapter.
positions on ftte basis of the applicant's or
employee's conformance with the institution's
(g) It is an unlav�f(il discriminatory practice to require,
religious or denominational principles. If a party
request or Suggest that a person or entity retaliate
against, jrlterfere with, intimidate or discriminate
asserts that an otherwise unlawful practice is
justified as a permissibJe bona fide occupational
again$ a person because that person has opposed
i
qualification or a permissible bona fide physical
any pfactice made unlawful this chapter, has
requirement, that party shall have the burden of
made a non -frivolous chargea or has testified
truthfully, in
proving: \
assisted or participated an
investigation,
proceeding or hearing authorized
(1) That the discrimination is i\ h�fact a necessary
under this chapter.
result of such a bona fide condition; and
C It is an unlawful discriminatory ry practice to cause or
(2) That there exists no less discrimirn�tory means
coerce, or attempt to cause or coerce, directly or
indirectly,
of satisfying the bona fide requirement.
any person in order to prevent that
person from complying with the provisions of this
chapter.
(G)
If a party asserts that an otherwise unlawfuE
practice is justified as a permissible bona'•(de
119.10 Preservation of Business Records
religious or denominational preference, that' patty
shall have the burden of proving that the,
discrimination is in fact a necessary result of such '
(A) Where a complaint of discrimination has been filed
a bona fide condition.
against a person under this ordinance, such person
shall preserve all records relevant to the complaint
(H)
Any age restrictions required by state or federal
until a final disposition of the complaint.
law or regulations, including for the sale or delivery
of alcoholic beverages, are .not improper age
1 1y.11 Administration and Enforcement
discrimination under this chapter.
(A) The Mayor shall designate the Civil Rights
119.08 Posting of Notices
Administrator, who shall administer this chapter
and be responsible for receiving, investigating and
(A)
Every employer or entity subject to this chapter
conciliating complaints filed under this chapter. To
be considered and administered by the Civil Rights
shall post and keep posted in a conspicuous
location
Administraor, complaints must be received in the
where business or activity is customarily
Civil Rights�Administrator's office no more than six
conducted or negotiated, a notice, the language
months afterlhe alleged discriminatory action or, in
and form of which has been prepared by the City of
the case of ongoing alleged discriminatory actions,
Fayetteville, setting forth excerpts from or
no more than six months after the most recent
summaries , of the pertinent provisions of this
incident of alleged'discrimination. The Civil Rights
chapter and information pertinent to the
enforcement of rights hereunder. The notice shall
Administrator shall ,prepare an easy to use
be in both English and Spanish. If over ten percent
complaint form and make the form easily
accessible to the public.
of an employer's employees speak, as their native
language, a language other than English or
(g) The Civil Rights Administrator should first attempt
Spanish, notices at that employer's place of
business shall be posted in that language. At the
to eliminate the unlawful practice or practices
request of the employer or entity, notices required
through conciliation or mediation. In conciliating a
complaint, the administrator should try to achieve a
by this section shall be provided by the City.
Notices shall be posted within ten days after
just resolution and obtain assurances that the
receipt from the City.
respondent will satisfactorily remedy any violation
of the complainant's rights and take action to
ensure the elimination of both present and future
unlawful practices in compliance with this
chapter. If the Civil Rights Administrator (C) After any attempted conciliation or mediation, the
betermines that the complainant is not acting in Civil Rights Administrator will refer any unresolved
goon faith, the conciliation or mediation may be complaint and complainant as needed to the City
terminated and the complaint may be immediately Prosecutors Office for appropriate further action,
dismissed. If the respondent is not participating in including prosecution.
good faith, the complaint may be immediately
referred to` the City Prosecutor's office. (D) The filing of a complaint under this chapter does
not preclude any other state or federal remedies
that may be available to a complainant.
EXHIBIT A
CHAPTER 119: CIVIL RIGHTS ADMINISTRATION
119.01, Purpose
The purpose of this chapter is to protect and safeguard
the right anb\opportunity of all persons to be free from
discriminations based on real or perceived race,
ethnicity, national origin, age, gender, gender identity,
gender expresslon, familial status, marital status,
socioeconomic background, religion, sexual orientation,
disability and veterair status. This chapter's purpose is
also to promote the public health and welfare of all
persons who live or work\in the City of Fayetteville and
to ensure that all persons%.within the City have equal
access to employment,' '\ housing, and public
accommodations.
119.02 Definitions
(A) "Business Establishment" means any entity,
however organized, which furnlshes goods,
services or accommodations to the general public.
An otherwise qualifying establishmentwhich has
membership requirements is considered to furnish
services to the general public if its membership
requirements consist only of payment of fees or
consist only of requirements under which a
substantial portion of the residents of the city could
qualify.
(B) "Civil Rights Administrator" means the person
designated by the Mayor to receive, investigate
and conciliate complaints brought under this
chapter.
(C) "Disability" or "Disabled" means, with respect to an
individual, a physical or mental impairment, a
record of such an impairment, or being perceived
or regarded as having such impairment. For
purposes of this chapter, discrimination on the
basis of disability means that no covered entity
shall discriminate against a qualified individual with
a disability because of that individual's disability.
The term "qualified individual with a disability' shall
mean an individual with a disability who, with or
without reasonable accommodation, can perform
the essential functions of the employment positions
that the individual holds or desires.
(D) "Discriminate, Discrimination or Discriminatory"
means any act, policy or practice that has the
effect of subjecting any person to differential
treatment as a result of that person's real or
perceived race, ethnicity, national origin, age (if 18
years of age or older), gender, gender identity,
gender expression, familial status, marital status,
socioeconomic background, religion, sexual
orientation, disability or veteran status.
(E) "Employee' means any individual employed by a
covered employer.
(F) "Employer" means any person, business or
organization which regularly employs five (5) or
more individuals, not including the employers
parents, spouse or children. For purposes of this
chapter an employer "regularly" employs five (5)
individuals when the employer employs five (5) or
more individuals for each working day in any
twenty (20) or more calendar weeks in the current
or previous calendar year. For purposes of this
chapter an "employer' is also any person or entity
acting on behalf of an employer, directly or
indirectly, or any employment agency.
(G) "Familial status" means an individual's status as
parent or legal guardian to a child or children below
the age of eighteen (18) who may or may not
reside with that individual.
(H) "Gender' means actual or perceived sex.
(1) "Gender Identity" means a person's gender -related
identity, whether or not that identity is or is
perceived to be different from that traditionally
associated with the sex assigned to that individual
at birth.
`,,.(J) "Gender Expression" means a person's gender -
related appearance and behavior whether or not
' that gender expression is or is perceived to be
`different from that traditionally associated with the
p'erson's assigned sex at birth.
(K) "Marital status" means an individual's status as
single, married, domestically partnered, divorced or
widowed.,
(L) "Place of public accommodation" means inns,
taverns, hotels, motels, restaurants, wholesale
outlets, retail outlets, banks, savings and loan
associations, other, financial institutions, credit
information bureaus, insurance companies,
dispensaries, clinics, hospitals, theaters,
recreational parks and facilities, trailer camps,
garages, public halls, and all other establishments
within the City which offer goods, services,
accommodations and entertainment to the public.
A place of public accommodation does not include
any institution, club or other place of
accommodation, which by its nature is distinctly
private.
(M) "Sexual orientation" means actual or perceived
heterosexuality, homosexuality or bisexuality.
(N) "Veteran status" means an individual's status as
one who served in the active military, naval or air
service, and who was discharged or released
under conditions other than dishonorable.
119.03 Prohibited Acts of Discrimination -
Employment
(A) With regard to employment, it shall be unlawful for
any employer or labor organization to engage in
any of the following acts wholly or partially for a
discriminatory reason:
(1) To fail to hire, refuse to hire or discharge an
individual;
(2) To discriminate against any individual with
respect to compensation, terms, conditions or
privileges of employment, including promotion.
Nothing in this section shall be construed to
require any employer to provide benefits, such
as insurance, to individuals not employed by
the employer;
(3) To limit, segregate or classify employees in
any way which would deprive or tend to
deprive any employee of employment
opportunities, or which would otherwise tend
to adversely affect his or her status as an
employee;
(4) To fail or refuse to refer for employment any
individual in such a manner that would deprive
an individual of employment opportunities, that
would limit an individual's employment
opportunities or that would otherwise
adversely affect an individual's status as a
prospective employee or as an applicant for
employment;
(5) To discriminate against an individual in
admission to, or employment in, any program
established to provide apprenticeship or other
job training, including on-the-job training
programs;
(6) To print or publish, or cause to be printed or
published, any discriminatory notice or
advertisement relating to employment. This
subs7ction shall not be construed so as to
expose the person who prints or publishes the
notice or advertisement, such as a newspaper,
to liability;
(7) To discriminate in referring an individual for
employment whether the referral is by an
employment agency, labor organization or any
other person.
119.04 Prohibited Acts of
Discrimination - Housing and Real Estate
Transactions
(A) With regard to housing and real estate
transactions, which include both sales and leases,
it shall be unlawful to engage in any of the
following acts wholly or partially for a discriminatory
reason:
(1) To discriminate by impeding, delaying,
discouraging or otherwise limiting or restricting
any transaction in real estate;
(2) To discriminate by imposing different terms on
a real estate transaction;
(3) To represent falsely that an interest in real
estate is not available for transaction;
(4) To include in the terms or conditions of a real
estate transaction any discriminatory clause,
condition or restriction;
(5) To discriminate in performing, or refusing to
perform, any act necessary to determine an
individual's financial ability to engage in a real
estate transaction;
(6) For a property manager to discriminate by
refusing to provide equal treatment of, or
services to, occupants of any real estate which
he or she manages;
(7) To make, print or publish, or cause to be
made, printed or published, any discriminatory
notice, statement or advertisement with
respect to a real estate transaction or
proposed real estate transaction, or financing
relating thereto. This subsection shall not be
construed to prohibit advertising directed to
physically disabled persons or persons over
the age of fifty- five (55) for the purpose of
calling to their attention the existence or
absence of housing accommodations or
services for the physically disabled or elderly;
(8) To discriminate in any financial transaction
involving real estate on account of the location
of the real estate, be it residential or non-
residential ("red -lining');
(9) For a real estate operator, a real estate broker,
a real estate salesperson, a financial
institution, an employee of any of these or any
other person, for the purposes of inducing a
real estate transaction from which such person
may benefit financially, to represent that a
change has occurred or will or may occur in
the composition with respect to the race,
ethnicity, national origin, age, gender, gender
identity, gender expression, familial status,
marital status, socioeconomic background,
religion, sexual orientation, physical
characteristic, disability or veteran status of
the owners or occupants in the block,
neighborhood or area in which the real
property is located or to represent that this
change will or may result in the lowering of
property values, an increase in criminal or
antisocial behavior or a decline in the quality of
schools in the block, neighborhood or area in
which the real property is located ("block -
busting");
(10)Notwithstanding the provisions of subsections
(a) through (h), it shall not be an unlawful
discriminatory practice for an owner to limit
occupancy on the basis of a person's low-
income, age over fifty-five (55) 'years or
disability status in accordance with federal or
state law;
(11)Notwithstanding the provisions of subsections
(a) through (h), it shall not be an unlawful
discriminatory practice for an owner, lessor or
renter to refuse to rent, lease or sublease a
portion of a single family dwelling unit to a
person as a tenant, roomer or boarder where it
is anticipated that the owner, lessor or renter
will be occupying any portion of the single-
family dwelling or to refuse to rent, lease or
sublease where it is anticipated that the
owner, lessor or renter will be sharing either a
kitchen or a bathroom with the tenant, roomer
or boarder.
(12) Notwithstanding any other provision of this
chapter, it is not an unlawful discriminatory
practice to apply or enforce the definition of
"family" for zoning purposes pursuant to §
151.01 of the Unified Development Code.
119.05 Prohibited Acts of Discrimination -
acsiness Establishments or Public
ccommodations
(A) it shall be unlawful for a business establishment or
pl ace of public accommodation to engage in any of
tie following acts wholly or partially for a
discriminatory reason:
(1) To deny, directly or indirectly, any person the
full enjoyment of the goods, services, facilities,
privileges, advantages and accommodations
of any business establishment or place of
public accommodation, unless required by
state or federal law;
(2) To print, publish, circulate, post or mail,
directly or indirectly, a statement,
advertisement or sign which indicates that the
full and equal enjoyment of the goods,
services, facilities, privileges, advantages and
accommodations of a business establishment
or place of public accommodation will be
unlawfully refused, withheld from or denied an
Individual, or which indicates that an
individual's patronage of, or presence at, the
business establishment or place of public
-accommodation is objectionable, unwelcome,
unacceptable or undesirable, unless the denial
of the goods or services is required by state or
federal law.
119.06 City Services, Facilities,
Transactions and Contracts
(A) The City of Fayetteville and all of its employees are
bound by the provisions of this chapter to the same
extent as private individuals and businesses.
(B) All contractors doing business with the City of
Fayetteville shall comply with this ordinance.
119.07 General Exceptions
(A) Any practice which has a discriminatory effect and
which would otherwise be prohibited by this
chapter shall not be deemed unlawful if it can be
established that the practice is not intentionally
devised to contravene the prohibitions of this
chapter and there exists no less discriminatory
means of satisfying a business purpose.
(B) This chapter shall not apply to any federal, state or
county government office or official, or any public
educational institution within the City.
(C) Unless otherwise prohibited by law, nothing
contained in this, chapter shall be construed to
prohibit promotional activities such as senior citizen
discounts and other similar practices designed
primarily to encourage participation by a protected
group.
(D) It shall not be an unlawful discriminatory practice
for an employer to observe the conditions of a
bona fide seniority system or a bona fide employee
benefit system such as a retirement, pension or
insurance plan which is not a subterfuge or pretext
to evade the purposes of this chapter.
(E) It shall not be an unlawful discriminatory practice
for any person to carry out an affirmative action
plan as required by state or federal law, or by court
order.
(F) Nothing contained in this chapter shall be deemed
to prohibit selection or rejection based solely upon
a bona fide occupational qualification or a bona
fide physical requirement. Nothing contained in this
chapter shall be deemed to prohibit a religious or
denominational institution from selecting or
rejecting applicants and employees for non -secular
positions on the basis of the applicant's or
employee's conformance with the institution's
religious or denominational principles. If a party
asserts that an otherwise unlawful practice is
justified as a permissible bona fide occupational
qualification or a permissible bona fide physical
requirement, that party shall have the burden of
proving:
(1) That the discrimination is in fact a necessary
result of such a bona fide condition: and
(2) That there exists no less discriminatory means
of satisfying the bona fide requirement.
language, a language other than English or
Spanish, notices at that employer's place of
business shall be posted in that language. At the
request of the employer or entity, notices required
by this section shall be provided by the City.
Notices shall be posted within ten days after
receipt from the City.
119.09 Retaliation Prohibited
(A) It is an unlawful discriminatory practice to coerce,
threaten, retaliate against, interfere with or
discriminate against a person because that person
has opposed any practice made unlawful by this
chapter, has made a non -frivolous charge or
complaint, or has testified truthfully, assisted or
participated in an investigation, proceeding or
hearing pursuant to this chapter.
(B)
(G) If a party asserts that an otherwise unlawful
practice is justified as a permissible bona fide
religious or denominational preference, that party
shall have the burden of proving that the (C)
discrimination is in fact a necessary result of such
a bona fide condition.
(H) Any age restrictions required by state or federal
law or regulations, including for the sale or delivery
of alcoholic beverages, are 'hot improper age
discrimination under this chapter.
(1) Nothing contained in this chapter shall be deemed
to require any religious or denominational
institution to open its sanctuary or chapel to any
individual or group for any ceremony including, but
not limited to, weddings, funerals, confirmations,
or baptisms, that do not align with that religious or
denominational institution's statement of faith or
beliefs.
119.08 Posting of Notices
(A) Every employer or entity subject to this chapter
shall post and keep posted in a conspicuous
Iodation where business or activity is customarily
conducted or negotiated, a notice, the language
and form of which has been prepared by the City of
Fayetteville, setting forth excerpts from or
summaries of the pertinent provisions of this
chapter and information pertinent to the
enforcement of rights hereunder. The notice shall
be in both English and Spanish. If over ten percent
of an employer's employees speak, as their native
It is an unlawful discriminatory practice to require,
request or suggest that a person or entity retaliate
against, interfere with, intimidate or discriminate
against a person because that person has opposed
any practice made unlawful by this chapter, has
made a non -frivolous charge or has testified
truthfully, assisted or participated in an
investigation, proceeding or hearing authorized
under this chapter.
It is an unlawful discriminatory practice to cause or
coerce, or attempt to cause or coerce, directly or
indirectly, any person in order to prevent that
person from complying with the provisions of this
chapter.
119.10 Preservation of Business Records
(A) Where a complaint of discrimination has been filed
against a person under this ordinance, such person
shall preserve all records relevant to the complaint
until a final disposition of the complaint.
119.11 Administration and Enforcement
(A) The Mayor shall designate the Civil Rights
Administrator, who shall administer this chapter
and be responsible for receiving, investigating and
conciliating complaints fled under this chapter. To
be considered and administered by the Civil Rights
Administrator, complaints must be received in the
Civil Rights Administrator's office no more than six
months after the alleged discriminatory action or, in
the case of ongoing alleged discriminatory actions,
no more than six months after the most recent
incident of alleged discrimination. The Civil Rights
Administrator shall prepare an easy to use
complaint form and make the form easily
accessible to the public.
(B) The Civil Rights Administrator should first attempt
to eliminate the unlawful practice or practices
through conciliation or mediation. In conciliating a
complaint, the administrator should try to achieve a
just resolution and obtain assurances that the
respondent will satisfactorily remedy any violation
of the complainant's rights and take action to
ensure the elimination of both present and future
unlawful practices in compliance with this
chapter. If' the Civil Rights Administrator
determines that ,the complainant is not acting in
good faith, the conciliation or mediation may be
terminated and the complaint may be immediately
dismissed. If the respondent is nol participating in
good faith, the complaint may be immediately
referred to the City Prosecutors office.
(C) After any attempted conciliation or mediation, the
Civil Rights Administrator will refer any unresolved
complaint and complainant as needed to the City
Prosecutors Office for appropriate further action,
including prosecyt{on.
J
(D) The filing of, a complaint under this chapter does
not preclude any other state or federal remedies
that maybe available to a complainant.
f'
If
!f
r
EXHIBIT A
CHAPTER 119: CIVIL RIGHTS ADMINISTRATION
119.01 Purpose
The purpose of this chapter is to protect and safeguard
the right and opportunity of all persons to be free from
discriminatiop based on real or perceived race,
ethnicity, natio al origin, age, gender, gender identity,
gender express ion, familial status, marital status,
socioeconomic 6 �kground, religion, sexual orientation,
disability and veteran status. This chapter's purpose is
also to promote the public health and welfare of all
persons who live or work in the City of Fayetteville and
to ensure that all persohs within the City have equal
access to employment, housing, and public
accommodations.
119.02 Definitions
(A) "Business Establishment" means any entity,
however organized, which furnishes goods,
services or accommodations to the general public.
An otherwise qualifying establishi ent which has
membership requirements is consid fed to furnish
services to the general public if its'Tembership
requirements consist only of payment ,of fees or
consist only of requirements under ',which a .
substantial portion of the residents of the city could;
qualify. \
(B) "Civil Rights Administrator" means the person
designated by the Mayor to receive, investigate
and conciliate complaints brought unifier this',
chapter.
(C) "Disability" or "Disabled" means, with respect to an
individual, a physical or mental impairment, a
record of such an impairment, or being perceived
or regarded as having such impairment. For
purposes of this chapter, discrimination on the
basis of disability means that no covered entity
shall discriminate againsYa qualified individual with
a disability because of that individual's disability.
The term "qualified individual with a disability" shall
mean an individual"with a disability who, with or
without reasonable accommodation, can perform
the essential functions of the employment positions
that the individ0al holds or desires.
(D) "Discriminate, Discrimination or Discriminatory"
means any act, policy or practice that has the
effect ppf subjecting any person to differential
Ireatm4nt as a result of that person's real or
percpIved race, ethnicity, national origin, age (if 18
yegrs of age or older), gender, gender identity,
p rider expression, familial status, marital status,
/socioeconomic background, religion, sexual
orientation, disability or veteran status.
(E) "Employee" means any individual employed by a
covered employer.
(F) "Employer" means any person, business or
organization which regularly employs five (5) or
more individuals, not ,including the employer's
parents, spouse or children. For purposes of this
chapter an employef "regularly" employs five (5)
individuals when ttie employer employs five (5) or
more individuals for each working day in any
twenty (20) or'more calendar weeks in the current
or previouvcalendar year. For purposes of this
chapter afi "employer" is also any person or entity
acting ,ion behalf of an employer, directly or
indirectly, or any employment agency.
(G) ';Familial status" means an individual's status as
,,parent or legal guardian to a child or children below
the age of eighteen (18) who may or may not
reside with that individual.
(H) "Gender" means actual or perceived sex.
(I) "Gender Identity" means a person's gender -related
identity, whether or not that identity is or is
perceived to be different from that traditionally
associated with the sex assigned to that individual
at birth.
(J) "Gender Expression" means a person's gender -
related appearance and behavior whether or not
that gender expression is or is perceived to be
different from that traditionally associated with the
person's assigned sex at birth.
(K), "Marital status" means an individual's status as
single, married, domestically partnered, divorced or
widowed.
(L) "Place of public accommodation" means inns,
tavern's, hotels, motels, restaurants, wholesale
outlets, `retail outlets, banks, savings and loan
associations, other financial institutions, credit
information , bureaus, insurance companies,
dispensaries,', clinics, hospitals, theaters,
recreational p8(ks and facilities, trailer camps,
garages, public he and all other establishments
within the City which offer goods, services,
accommodations and entertainment to the public.
A place of public accommodation does not include
any institution, club •. or other place of
accommodation, which by, its nature is distinctly
private.
(M) "Sexual orientation' means actual or perceived
heterosexuality, homosexuality or bisexuality.
(N) "Veteran status" means an individual's status as
one who served in the active military, naval or air
service, and who was discharged or released
under �diucris other than dishonorable.
779.03Prohib* d Acts of Discrimination -
Employment
(A) With regard to employment, it shall be unlawful for
any employer or labor organization to engage in
any of the following acts wholly or partially for a
discriminatory reason:
(1) To fail to hire, refuse to 'hire or discharge an
individual;
(2) To discriminate against any']ndividual with
respect to compensation, terms,' conditions or
privileges of employment, including promotion.
Nothing in this section shall be construed to
require any employer to provide benefits, such
as insurance, to individuals not employed by
the employer;
i
(3) To limit, segregate or classify employees in
any way which would deprive or tend to,-'
deprive any employee of employment
opportunities, or which would otherwise tend
to adversely affect his or her status is an
employee; 11
(4) To fail or refuse to refer for employment any
individual in such a manner that would deprive
an individual of employment opportunities, that
would limit an individual's employment
opportunities or that would otherwise
adversely affect an individual's status as a
prospective employee or as an applicant for
employment;
(5) To discriminate against an individual in
admission to, or employment in, any program
established to provide apprenticeship or other
job training, 'including on-the-job training
programs;
(6) To print or publish, or cause to be printed or
published, any discriminatory notice or
advertisement relating to employment. This
subsection shall not be construed so as to
expose the person who prints or publishes the
notice or advertisement, such as a newspaper,
to liability;
(7) To discriminate in referring an individual for
employment whether the referral is by an
employment agency, labor organization or any
other person.
779.04 Prohibited Acts of
Discrimination - Housing and Real Estate
Transactions
(A) With regard to housing and real estate
transactions, which include both sales and leases,
it shall be unlawful do engage in any of the
following acts wholly,6r partially for a discriminatory
reason: i
i
(1) To discriminate by impeding, delaying,
discouraging or otherwise limiting or restricting
any transaction in real estate;
i'
(2) Tq discriminate by imposing different terms on
areal estate transaction;
($j To represent falsely that an interest in real
estate is not available for transaction;
(4) To include in the terms or conditions of a real
estate transaction any discriminatory clause,
condition or restriction;
(5) To discriminate in performing, or refusing to
perform, any act necessary to determine an
individual's financial ability to engage in a real
estate transaction;
(6) For a property manager to discriminate by
refusing to provide equal treatment of, or
services to, occupants of any real estate which
\\ he or she manages;
(7) . To make, print or publish, or cause to be
made, printed or published, any discriminatory
notice, statement or advertisement with
respect to a real estate transaction or
proposed real estate transaction, or financing
relating. thereto. This subsection shall not be
construed to prohibit advertising directed to
physicallydisabled persons or persons over
the age of'ffty- five (55) for the purpose of
calling to their attention the existence or
absence of housing accommodations or
services for the physically disabled or elderly;
(8) To discriminate in any financial transaction
involving real estate or`account of the location
of the real estate, be it, residential or non-
residential ("red -lining');
(9) For a real estate operator, a real estate broker,
a real estate salesperson, a financial
institution, an employee of any of these or any
other person, for the purposes of inducing a
real estate transaction from which such person
may benefit financially, to represent that a
change has occurred or will or may occur in
the composition with respect to the race,
ethnicity, national origin, age, gender, gender
identity, gender expression, familial status,
marital status, socioeconomic background,
religion, sexual orientation, physical
characteristic, disability or veteran status of
the owners or occupants in the block,
neighborhood or area in which the real
property is tocated or to represent that this
change will or May result in the lowering of
property values, an increase in criminal or
antisocial behavior or, a decline in the quality of
schools in the block, neighborhood or area in
which the real property is located ("block -
busting");
(10)Notwithstanding the provisions of subsections
(a) through (h), it shall not be an unlawful
discriminatory practice for an owner to limit
occupancy on the basis of a person's low-
income, age over fifty-five (55) •years or
disability status in accordance with federal or
state law;
(11)Notwithstanding the provisions of subsections
(a) through (h), it shall not be an unlawful.,
discriminatory practice for an owner, lessor or
renter to refuse to rent, lease or sublease�a
portion of a single family dwelling unit to a
person as a tenant, roomer or boarder where it
is anticipated that the owner, lessor/6r renter
will be occupying any portion of/the single-
family dwelling or to refuse to ,,reent, lease or
sublease where it is anticipated that the
owner, lessor or renter will b 'sharing either a
kitchen or a bathroom with/the tenant, roomer
or boarder.
(12) Notwithstanding any other provision of this
chapter, it is not an unlawful discriminatory
practice to apply,or enforce the definition of
"family" for zoging purposes pursuant to §
151.01 of the Unified Development Code.
119.05 Prohibited Acts of Discrimination -
Business Establishments or Public
It shall be/6nlawful for a business establishment or
place of Oublic accommodation for a discriminatory
reason to'deny, directly or indirectly, any person the full
enjoyment of the goods, services, facilities, privileges,
advantages and accommodations of any business
establishment or place of public accommodation,
unless required by state or federal law.
119.06 City Services, Facilities,
Transactions and Contracts
(A) The City of Fayetteville and all of its employees are
bound by the provisions of this chapter to the same
extent as private individuals and businesses.
(B) All contractors doing business with the City of
Fayetteville shall comply with this ordinance.
119.07 General Exceptions
(A) Any practice which'has a discriminatory effect and
which would otherwise be prohibited by this
chapter shall dot be deemed unlawful if it can be
established, that the practice is not intentionally
devised Id contravene the prohibitions of this
chapter, -and there exists no less discriminatory
means of satisfying a business purpose.
(B) This chapter shall not apply to any federal, state or
/county government office or official, or any public
educational institution within the City.
(C) Unless otherwise prohibited by law, nothing
contained in this chapter shall be construed to
prohibit promotional activities such as senior citizen
discounts and other similar practices designed
primarily to encourage participation by a protected
group.
(D) It shall not be an unlawful discriminatory practice
for an employer to observe the conditions of a
bona fide seniority system or a bona fide employee
benefit system such as a retirement, pension or
insurance plan which is not a subterfuge or pretext
to evade the purposes of this chapter.
(E) It, shall not be an unlawful discriminatory practice
foi-. any person to carry out an affirmative action
plan.,as required by state or federal law, or by court
order.
(F) Nothing contained in this chapter shall be deemed
to prohibitselection or rejection based solely upon
a bona fide-. occupational qualification or a bona
fide physical ?equirement. Nothing contained in this
chapter shall OR deemed to prohibit a religious or
denominational "institution from selecting or
rejecting applicants, and employees for non -secular
positions on the --basis of the applicant's or
employee's conformance with the institution's
religious or denominational principles. If a party
asserts that an otherwise unlawful practice Is
justified as a permissible'bona fide occupational
qualification or a permissible bona fide physical
requirement, that party shall have the burden of
proving:
(1) That the discrimination is in fact a necessary
result of such a bona fide condition; and
(2) That there exists no less discriminatory means
of satisfying the bona fide requirement.
(G) If a party asserts that an otherwise unlawful
practice isjust'(ied as a permissible bona fide
religious or dendinationaf preference, that pang
shall have the ,burden of proving that the
discrimination is in'fact a necessary result of such
a bona fide condition'.,
(H) Any age restrictions required by state or federal
law or regulations, including for the sale or delivery
of alcoholic beverages, \are not improper age
discrimination under this chapter.
(1) Nothing contained in this chapter shall be deemed
to require any religious or. denominational
institution or association to open .its sanctuary or
chapel to any individual or group for any ceremony
including, but not limited to, weddings, funerals,
confirmations, or baptisms.
119.08 Posting of Notices
(A) Every employer or entity subject to this chapter
shall post and keep posted in a conspicuous
location where business or activity is custorgarily
conducted or negotiated, a notice, the language
and form of which has been prepared by the City of
Fayetteville, setting forth excerpts ;from or
summaries of the pertinent provisions of this
chapter and information pertinent to the
enforcement of rights hereunder. The notice shall
be in both English and Spanish. If over ten percent
of an employer's employees speak, as their native
language, a language other than English or
Spanish, notices at that employers place of
business shall be posted in that language. At the
request of the employer prr entity, notices required
by this section shall .be provided by the City.
Notices shall be posted within ten days after
receipt from the City.
119.09 Retaliation Prohibited
(A) It is an unla I discriminatory practice to coerce,
threaten, fetaute against, interfere with or
discrimin a against a person because that person
has op sed any practice made unlawful by this
chaps§ , has made a non -frivolous charge or
com faint, or has testified truthfully, assisted or
p�rficiparled in an investigation, proceeding or
tearing pursuant to this chapter.
(B) It is an unlawful discriminatory practice to require,
request or suggest that a person or entity retaliate
against, interfere with, intimidate or discriminate
against a person because that person has opposed
any practice made unlawful by this chapter, has
made a non -frivolous charge or has testified
truthfully, assisted or participated in an
investigation, proceeding or hearing authorized
under this chapter.
(C) It is an unlawful discriminatory practice to cause or
coerce, or attempt to 'cause or coerce, directly or
indirectly, any person in order to prevent that
person from cornslying with the provisions of this
chapter.
119.10 Preservation of Business Records
(A) Where`a complaint of discrimination has been filed
against a person under this ordinance, such person
shall preserve all records relevant to the complaint
until a final disposition of the complaint.
119.11 Administration and Enforcement
(A) The Mayor shall designate the Civil Rights
J Administrator, who shall administer this chapter
and be responsible for receiving, investigating and
conciliating complaints filed under this chapter. To
be considered and administered by the Civil Rights
Administrator, complaints must be received in the
Civil Rights Administrator's office no more than six
months after the alleged discriminatory action or, in
the case of ongoing alleged discriminatory actions,
no more than six months after the most recent
incident of alleged discrimination. The Civil Rights
Administrator shall prepare an easy to use
complaint form and make the form easily
accessible to the public.
(B) The Civil Rights Administrator should first attempt
to eliminate the unlawful practice or practices
through conciliation or mediation. In conciliating a
\complaint, the administrator should try to achieve a
just resolution and obtain assurances that the
respondent will satisfactorily remedy any violation
oi\the complainant's rights and take action to
enst(re the elimination of both present and future
unla*,ful practices in compliance with this
chaptor. If the Civil Rights Administrator
determines that the complainant is not acting in
good faith, the conciliation or mediation may be
terminatechand the complaint may be immediately
dismissed, if the respondent is not participating in
good faith, the complaint may be immediately
referred to the City Prosecutors office -
(C) After any attempted conciliation or mediation, the
Civil Rights Administrator will refer any unresolved
complaint and complainant as needed to the City
Prosecutor's Office for appropriate further action,
including prosecution.
(D) The filing of a complaint under this chapter does
not preclude any other state or federal remedies
that may be available to a complainant.
Cit Clerk
From: Danielle DeLille <ddjesusfreak@hotmail.com>
Sent: Tuesday, August 19, 2014 4:23 PM
To: CityClerk
Subject: Chapter 119 Civil Rights Administration ordinance proposal
To Whom it may concern,
Hi, my name is Danielle DeLille and I am writing to voice my opinion regarding the Chapter 119 city ordinance
proposal. I currently live within a quarter of a mile from the Fayetteville City limits, just inside Johnson City
Limits. I work in Fayetteville, at the Washington County Sheriff's Office, I shop in Fayetteville at the Wal -mart
by my house and the one on Martin Luther King Blvd. I take my family out to eat at Restaurants in
Fayetteville. I worship in Fayetteville. I have my car serviced in Fayetteville and I spend nearly all my extra
money in Fayetteville rather it be on gas, clothes, food, car maintenance, facility fees, etc. The Chapter 119
proposal terrifies me. I have read the entire proposal and I do not see why this is necessary. I see this
proposal as a chance for pedophiles, rapist, drug dealers and a montage of others individuals who would
currently have a hard time praying on my small children, to have easier access. I feel this ordinance is an open
door for them. Do not misunderstand me, I am a very good mother and a bit over protective. However, I have
6 year old boy/girl twins and they are just now to the age where they want to go to the bathroom by
themselves. So, for example, at Wal -mart, I will send both into their respected restrooms and I wait in
between the two, if they don't come back out in a few minutes, I call for them, if they don't answer, I go in the
restroom, regardless of what gender the restroom it was made for. I have seen and heard horror stories of
children abducted, killed, molested, raped, and otherwise hurt or injured in city restrooms by adults who have
no good motives in mind. I will do whatever it takes to protect and defend my babies. They are Gods gift to
me and he is trusting me to raise them, I am going to do whatever it takes to make sure I do a very good job.
My fear with this ordinance is that my children along with thousands of others are being put at a heightened
risk of significant injury or exposure to things they have no business seeing or hearing about for many years to
come, in order to accommodate the few individuals who can not figure out their identity or their sexual
preference.
Please don't misunderstand me, I am in no way saying that all people who are sexually confused are
pedophiles or anything of the sort, but maybe instead of changing all of society in order to appease the
minority, why don't you propose to organizations to add to their facilities, a "gender neutral" restroom so that
those who do not care about these issues can use that restroom. I understand that this might seem like a
really silly proposal but it can be any sillier than proposing that an entire city give up their first amendment
rights in order to appease the minority.
Everyone is preaching separation of Church and State but yet with this ordinance, the City would be
attempting to control the Church. With the passing of this Ordinance, churches would be subject to having to
allow their facilities to be used for things of which they do not approve (i.e. same sex marriages, meetings of
other religious groups, meetings involving contrary view on human sexuality) if they allow the general public
to use their facilities. This ordinance would most likely result in churches only allowing the facilities to be used
for church related events and only by church members which would displace countless organizations who use
church facilities for meetings and other outings such as the boy scouts. Additionally, this would force pastors
and other clergy to perform ceremonies for same sex couples which is against any Bible based faith. Forcing a
pastor to deliberately disobey a command from God is really not a city's place. These pastors get their calling
from God, it is not a council members place or a mayors place or anyone else place to make them perform an
act that is deliberately disobeying God. Additionally, it will cause heartache and strife within the church which
would only result in a more chaotic city and a lot more underground churches. A CITY'S ALDERMANS SHOULD
NOT TRY TO OVERRULE GODI I I It is not your place and I think its a bad idea.
Lastly, I truly feel that this ordinance would only hinder the city. Yeah, you might make a few hundred people
happy, but you will upset the majority and I know this will directly affect the city's livelihood. People will move
to other cities who do not have this kind of ridiculousness in place and where they feel safer. People will go to
other cities to spend their money and everywhere but Fayetteville will prosper from this decision.
Please do not pass this ordinance. Lets protect our children, our right to practice our faith, and our city.
Sincerely,
Danielle DeLille
870-321-4956
"Everything uncertain is certainly a possibiHty!'U
14 _&a -d a VL
Resolution No. 14-4
American Federation of State, County, and Municipal Employees (AFSCME) Local 965
P.O. Box 2459
Fayetteville, AR 72702
Fayetteville Non -Discrimination Ordinance
WHEREAS: Rooted in a history that uplifts the dignity of all work and every worker, AFSCME has been a leader among
unions in supporting legal safeguards to protect the right and opportunity of all persons to be free from all discrimination,
including discrimination based on race, ethnicity, national origin, age, gender, gender identity, gender expression, familial
status, marital status, socioeconomic background, religion, sexual orientation, disability and veteran status; and
WHEREAS: AFSCME is committed to diversity and full participation, both within the union and in society as a whole.
AFSCME specifically has supported the Civil Rights Act, the Voting Rights Act, the Equal Rights Amendment, the
Americans with Disabilities Act, the Employment Non -Discrimination Act, and legislation at all levels of government to
guarantee the rights of all persons to public and private employment, housing, credit, public accommodations and public
services; and
WHEREAS: Non -Discrimination policies are good for economic development and the bottom line, creating more and
better jobs. A June 2014 Williams Institute (UCLA School of Law) study found that 98% of the Top 50 Fortune companies
have comprehensive non-discrimination policies, and in a 2011 study 92% mentioned the economic benefits of those
policies on recruitment and retention of the best talent, generating the best ideas and innovations from a diverse
workforce, attracting a more diverse customer base, increasing productivity by making employees feel valued and
comfortable at work, and maintaining positive employee morale; and
WHEREAS: Alderman Matthew Petty has introduced the Non -Discrimination Ordinance to promote the public health and
welfare of all persons who live or work in the City of Fayetteville and to ensure that all persons within the City have equal
access to employment, housing, and public accommodations; and
WHEREAS: AFSCME Local 965 remains dedicated to achieving the fullest exercise of civil, political, and economic rights
for all residents of Fayetteville, regardless of real or perceived race, ethnicity, national origin, age, gender, gender identity,
gender expression, familial status, marital status, socioeconomic background, religion, sexual orientation, disability and
veteran status; and
WHEREAS: Fayetteville is an open and compassionate city, and this ordinance will help assure that there are no second
class citizens in our community.
NOW, THEREFORE, BE IT RESOLVED:
That the members of AFSCME Local 965 support the proposed Fayetteville Non -Discrimination Ordinance and urge the
Mayor and City Council to amend the Fayetteville Code by enacting Chapter 119 Civil Rights Administration to protect the
Civil Rights of Fayetteville citizens and visitors; and
BE IT FURTHER RESOLVED:
That a copy of this Resolution be delivered to the Mayor and members of the Fayetteville City Council for their
consideration of our views and support for the proposed Fayetteville Non -Discrimination Ordinance.
Adopted this 18`h day of August 2014.
Betty Martin, President
Maok,w'-f AmenafA& fo
0)� cAA DUB (�A AtiI� �,/ jc4l K-� C-aAACI i �WZtW�
Amendments Proposed by Alderman Petty
119.07 Exemptions:
Strike (1) and replace as follows:
(I) Nothing in this Chapter shall be construed to require any religious or denominational
institution or association to open its tax exempt property or place of worship to any individual or
group for any ceremony or meeting, except for any activity or service that is supported in whole
or pail by public funds,
Adopt a new (J)
(7) Designating a facility as a gender -segregated space shall not be a violation of this chapter.
Nothing in this chapter shall be construed as allowing any person to enter any gender -segregated
space for any unlawful purpose.
Ek; ( ", t4 9.0 �,J-� `6
.( U e -r e-�4 C66 Cov"Ca nett., J .
EXHIBIT A
CHAPTER 119: CIVIL RIGHTS ADMINISTRATION
119.01 Purpose
The purpose of this chapter is to protect and safeguard
the right and opportunity of all persons to be free from
discrimination based on real or perceived race,
ethnicity, national origin, age, gender, gender identity,
gender expression, familial status, marital status,
socioeconomic background, religion, sexual orientation,
disability and veteran status. This chapter's purpose is
also to promote the public health and welfare of all
persons who live or work in the City of Fayetteville and
to ensure that all persons within the City have equal
access to employment, housing, and public
accommodations.
119.02 Definitions
(A) "Business Establishment" means any entity,
however organized, which furnishes goods,
services or accommodations to the general public.
An otherwise qualifying establishment which has
membership requirements is considered to furnish
services to the general public if its membership
requirements consist only of payment of fees or
consist only of requirements under which a
substantial portion of the residents of the city could
qualify.
(B) "Civil Rights Administrator" means the person
designated by the Mayor to receive, investigate
and conciliate complaints brought under this
chapter.
(C) "Disability" or "Disabled" means, with respect to an
individual, a physical or mental impairment, a
record of such an impairment, or being perceived
or regarded as having such impairment. For
purposes of this chapter, discrimination on the
basis of disability means that no covered entity
shall discriminate against a qualified individual with
a disability because of that individual's disability.
The term "qualified individual with a disability" shall
mean an individual with a disability who, with or
without reasonable accommodation, can perform
the essential functions of the employment positions
that the individual holds or desires.
(D) "Discriminate, Discrimination or Discriminatory"
means any act, policy or practice that has the
effect of subjecting any person to differential
treatment as a result of that person's real or
perceived race, ethnicity, national origin, age (if 18
years of age or older), gender, gender identity,
gender expression, familial status, marital status,
socioeconomic background, religion, sexual
orientation, disability or veteran status
(E) "Employee' means any individual employed by a
covered employer.
(F) "Employer' means any person, business or
organization which regularly employs five (5) or
more individuals, not including the employer's
parents, spouse or children. For purposes of this
chapter an employer "regularly" employs five (5)
individuals when the employer employs five (5) or
more individuals for each working day in any
twenty (20) or more calendar weeks in the current
or previous calendar year. For purposes of this
chapter an "employer' is also any person or entity
acting on behalf of an employer, directly or
indirectly, or any employment agency.
(G) "Familial status" means an individual's status as
parent or legal guardian to a child or children below
the age of eighteen (18) who may or may not
reside with that individual.
(H) "Gender' means actual or perceived sex.
(1) "Gender Identity" means a person's gender -related
identity, whether or not that identity is or is
perceived to be different from that traditionally
associated with the sex assigned to that individual
at birth.
(J) "Gender Expression" means a person's gender -
related appearance and behavior whether or not
that gender expression is or is perceived to be
different from that traditionally associated with the
person's assigned sex at birth.
(K) "Marital status" means an individual's status as
single, married, domestically partnered, divorced or
widowed.
(L) "Place of public accommodation" means inns,
taverns, hotels, motels, restaurants, wholesale
outlets, retail outlets, banks, savings and loan
associations, other financial institutions, credit
information bureaus, insurance companies,
dispensaries, clinics, hospitals, theaters,
recreational parks and facilities, trailer camps,
garages, public halls, and all other establishments
within the City which offer goods, services,
accommodations and entertainment to the public.
A place of public accommodation does not include
any institution, club or other place of
accommodation, which by its nature is distinctly
private
(M) "Sexual orientation" means actual or perceived
heterosexuality, homosexuality or bisexuality.
(N) "Veteran status" means an individual's status as
one who served in the active military, naval or air
service, and who was discharged or released
under conditions other than dishonorable.
119.03 Prohibited Acts of Discrimination -
Employment
With regard to employment, it shall be unlawful for any
employer or labor organization to engage in any of the
following acts wholly or partially for a discriminatory
reason:
(A) To fail to hire, refuse to hire or discharge an
individual;
(B) To discriminate against any individual with respect
to compensation, terms, conditions or privileges of
employment, including promotion. Nothing in this
section shall be construed to require any employer
to provide benefits, such as insurance, to
individuals not employed by the employer;
(C) To limit, segregate or classify employees in any
way which would deprive or tend to deprive any
employee of employment opportunities, or which
would otherwise tend to adversely affect his or her
status as an employee;
(D) To fail or refuse to refer for employment any
individual in such a manner that would deprive an
individual of employment opportunities, that would
limit an individual's employment opportunities or
that would otherwise adversely affect an
individual's status as a prospective employee or as
an applicant for employment;
(E) To discriminate against an individual in admission
to, or employment in, any program established to
provide apprenticeship or other job training,
including on-the-job training programs;
(F) To print or publish, or cause to be printed or
published, any discriminatory notice or
advertisement relating to employment. This
subsection shall not be construed so as to expose
the person who prints or publishes the notice or
advertisement, such as a newspaper, to liability;
(G) To discriminate in referring an individual for
employment whether the referral is by an
employment agency, labor organization or any
other person,
119.04 Prohibited Acts of
Discrimination - Housing and Real Estate
Transactions
With regard to housing and real estate transactions,
which include both sales and leases, it shall be unlawful
to engage in any of the following ads wholly or partially
for a discriminatory reason:
(A) To discriminate by impeding, delaying,
discouraging or otherwise limiting or restricting any
transaction in real estate;
(B) To discriminate by imposing different terms on a
real estate transaction;
(C) To represent falsely that an interest in real estate is
not available for transaction;
(D) To include in the terms or conditions of a real
estate transaction any discriminatory clause,
condition or restriction;
(E) To discriminate in performing, or refusing to
perform, any act necessary to determine an
individual's financial ability to engage in a real
estate transaction;
(F) For a property manager to discriminate by refusing
to provide equal treatment of, or services to,
occupants of any real estate which he or she
manages;
(G) To make, print or publish, or cause to be made,
printed or published, any discriminatory notice,
statement or advertisement with respect to a real
estate transaction or proposed real estate
transaction, or financing relating thereto. This
subsection shall not be construed to prohibit
advertising directed to physically disabled persons
or persons over the age of fifty- five (55) for the
purpose of calling to their attention the existence or
absence of housing accommodations or services
for the physically disabled or elderly;
(H) To discriminate in any financial transaction
involving real estate on account of the location of
the real estate, be it residential or non-residential
("red -lining');
(1) For a real estate operator, a real estate broker, a
real estate salesperson, a financial institution, an
employee of any of these or any other person, for
the purposes of inducing a real estate transaction
from which such person may benefit financially, to
represent that a change has occurred or will or
may occur in the composition with respect to the
race, ethnicity, national origin, age, gender, gender
identity, gender expression, familial status, marital
status, socioeconomic background, religion, sexual
orientation, physical characteristic, disability or
veteran status of the owners or occupants in the
block, neighborhood or area in which the real
property is located or to represent that this change
will or may result in the lowering of property values,
an increase in criminal or antisocial behavior or a
decline in the quality of schools in the block,
neighborhood or area in which the real property is
located ("block -busting');
(J) Notwithstanding the provisions of subsections (A)
through (1), it shall not be an unlawful
discriminatory practice for an owner to limit
occupancy on the basis of a person's low-income,
age over fifty-five (55) years or disability status in
accordance with federal or state law;
(K) Notwithstanding the provisions of subsections (A)
through (1), it shall not be an unlawful
discriminatory practice for an owner, lessor or
renter to refuse to rent, lease or sublease a portion
of a single family dwelling unit to a person as a
tenant, roomer or boarder where it is anticipated
that the owner, lessor or renter will be occupying
any portion of the single-family dwelling or to
refuse to rent, lease or sublease where it is
anticipated that the owner, lessor or renter will be
sharing either a kitchen or a bathroom with the
tenant, roomer or boarder
(L) Notwithstanding any other provision of this chapter,
it is not an unlawful discriminatory practice to apply
or enforce the definition of "family' for zoning
purposes pursuant to § 151.01 of the Unified
Development Code,
119.05 Prohibited Acts of Discrimination -
Business Establishments or Public
Accommodations
It shall be unlawful for a business establishment or
place of public accommodation for a discriminatory
reason to deny, directly or indirectly, any person the full
enjoyment of the goods, services, facilities, privileges,
advantages and accommodations of any business
establishment or place of public accommodation,
unless required by state or federal law
119.06 City Services, Facilities,
Transactions and Contracts
(A) The City of Fayetteville and all of its employees are
bound by the provisions of this chapter to the same
extent as private individuals and businesses.
(B) All contractors doing business with the City of
Fayetteville shall comply with this ordinance.
119.07 General Exceptions
(A) Any practice which has a discriminatory effect and
which would otherwise be prohibited by this
chapter shall not be deemed unlawful if it can be
established that the practice is not intentionally
devised to contravene the prohibitions of this
chapter and there exists no less discriminatory
means of satisfying a business purpose.
(B) This chapter shall not apply to any federal, state or
county government office or official, or any public
educational institution within the City.
(C) Unless otherwise prohibited by law, nothing
contained in this chapter shall be construed to
prohibit promotional activities such as senior citizen
discounts and other similar practices designed
primarily to encourage participation by a protected
group.
(D) It shall not be an unlawful discriminatory practice
for an employer to observe the conditions of a
bona fide seniority system or a bona fide employee
benefit system such as a retirement, pension or
insurance plan which is not a subterfuge or pretext
to evade the purposes of this chapter
(E) It shall not be an unlawful discriminatory practice
for any person to carry out an affirmative action
plan as required by state or federal law, or by court
order.
(F) Nothing contained in this chapter shall be deemed
to prohibit selection or rejection based solely upon
a bona fide occupational qualification or a bona
fide physical requirement, Nothing contained in this
chapter shall be deemed to prohibit a religious or
denominational institution from selecting or
rejecting applicants and employees for non -secular
positions on the basis of the applicant's or
employee's conformance with the institution's
religious or denominational principles. If a party
asserts that an otherwise unlawful practice is
justified as a permissible bona fide occupational
qualification or a permissible bona fide physical
requirement, that party shall have the burden of
proving:
(1) That the discrimination is in fact a necessary
result of such a bona fide condition; and
(2) That there exists no less discriminatory means
of satisfying the bona fide requirement.
(G) If a party asserts that an otherwise unlawful
practice is justified as a permissible bona fide
religious or denominational preference, that party
shall have the burden of proving that the
discrimination is in fact a necessary result of such
a bona fide condition.
(H) Any age restrictions required by state or federal
law or regulations, including for the sale or delivery
of alcoholic beverages, are not improper age
discrimination under this chapter.
(1) Nothing in this Chapter shall be construed to
require any religious or denominational institution
or association to open its tax exempt property or
place of worship to any individual or group for any
ceremony or meeting, except for any activity or
service that is supported in whole or part by public
funds.
(J) Designating a facility as a gender -segregated
space shall not be a violation of this chapter.
Nothing in this chapter shall be construed as
allowing any person to enter any gender -
segregated space for any unlawful purpose
119.08 Posting of Notices
Every employer or entity subject to this chapter shall
post and keep posted in a conspicuous location where
business or activity is customarily conducted or
negotiated, a notice, the language and form of which
has been prepared by the City of Fayetteville, setting
forth excerpts from or summaries of the pertinent
provisions of this chapter and information pertinent to
the enforcement of rights hereunder. The notice shall
be in both English and Spanish. If over ten percent of
an employer's employees speak, as their native
language, a language other than English or Spanish,
notices at that employers place of business shall be
posted in that language. At the request of the employer
or entity, notices required by this section shall be
provided by the City. Notices shall be posted within ten
days after receipt from the City.
119.09 Retaliation Prohibited
(A) It is an unlawful discriminatory practice to coerce,
threaten, retaliate against, interfere with or
discriminate against a person because that person
has opposed any practice made unlawful by this
chapter, has made a non -frivolous charge or
complaint, or has testified truthfully, assisted or
participated in an investigation, proceeding or
hearing pursuant to this chapter
(B) It is an unlawful discriminatory practice to require,
request or suggest that a person or entity retaliate
against, interfere with, intimidate or discriminate
against a person because that person has opposed
any practice made unlawful by this chapter, has
made a non -frivolous charge or has testified
truthfully, assisted or participated in an
investigation, proceeding or hearing authorized
under this chapter.
(C) It is an unlawful discriminatory practice to cause or
coerce, or attempt to cause or coerce, directly or
indirectly, any person in order to prevent that
person from complying with the provisions of this
chapter.
119.10 Preservation of Business Records
Where a complaint of discrimination has been fled
against a person under this ordinance, such person
shall preserve all records relevant to the complaint until
a final disposition of the complaint.
119.11 Administration and Enforcement
(A) The Mayor shall designate the Civil Rights
Administrator, who shall administer this chapter
and be responsible for receiving, investigating and
conciliating complaints filed under this chapter. To
be considered and administered by the Civil Rights
Administrator, complaints must be received in the
Civil Rights Administrator's office no more than six
months after the alleged discriminatory action or, in
the case of ongoing alleged discriminatory actions,
no more than six months after the most recent
incident of alleged discrimination. The Civil Rights
Administrator shall prepare an easy to use
complaint form and make the form easily
accessible to the public.
(B) The Civil Rights Administrator should first attempt
to eliminate the unlawful practice or practices
through conciliation or mediation. In conciliating a
complaint, the administrator should try to achieve a
just resolution and obtain assurances that the
respondent will satisfactorily remedy any violation
of the complainant's rights and take action to
ensure the elimination of both present and future
unlawful practices in compliance with this
chapter. If the Civil Rights Administrator
determines that the complainant is not acting in
good faith, the conciliation or mediation may be
terminated and the complaint may be immediately
dismissed. If the respondent is not participating in
good faith, the complaint may be immediately
referred to the City Prosecutor's office.
(C) After any attempted conciliation or mediation, the
Civil Rights Administrator will refer any unresolved
complaint and complainant as needed to the City
Prosecutor's Office for appropriate further action,
including prosecution.
(D) The filing of a complaint under this chapter does
not preclude any other state or federal remedies
that may be available to a complainant
I
David Williams
Co- Chair
479-443-2096
2
Rev. Lowell Grisham
St. Paul's Church
479-387-1917
3
Anne Shelley
NWA Rape Crisis Center
479-283-4920
4
Phylis Rengier
Citizen/ Business Owner
479-466-9368
5
D'Andre Jones
Chair of Washington Co. Dems Black Caucus
(479) 799-2398
6
Hannah Withers
Business Owner- Block Street
479 - 287-4396
7
Mireya Rieth
ED, Arkansas United Community Coalition
479-871-2168
8
Terrah Baker
Veteran
479-595-2894
9
Justine Turnage
Transgender Advocate
479-283-1616
10
James Rector
NWA Center for Equality
479-790-4235
11
Sonia Davis Gutierrez
Designer/ New Design School Director
479-409-5064
12
Michael Holloman
Psychiatrist
479-530-2516
13
Cathy Campbell
Mother of Transgender Son
479-236-7676
14
Kate Bartow
Transgender Advoacate
479-283-1616
15
Anita Schnee
Lawyer
479-587-0262
16
Pattie Williams
Co- Chair
479-530-7976
E
FAYETTEVILLE
fairness coalition
Faith Sign On
Edwin Williams
Unity Minister
Ministerial and Pastoral Can: Services
Dian Williams
Unity Minister
Ministerial and Pastoral Care Services
Rev. Mark Williams
Spirit of Peace
Rev. Roy Lennington
Spirit of Peace
M. Rev. Raymond L. Niblock
Old Catholic Diocese of the Uniformed Services and the Parish of St.Michael the Archangel
Rev. Lowell Grisham
St. Paul's Episcopal Church
Cathy Campbell
St. Paul's Episcopal Church
Noah Meeks
St. Paul's Episcopal Church
Rev. Jan Huneycutt Lightner
Sacred Fields of Possibility
Pastor Abigail Lightner
GPS Faith Community -Good Shepherd Lutheran, ELCA
Pastor Clint Schnekloth
Good Shepherd Lutheran, ELCA
Michael Beaver
Good Shepherd Lutheran Church
Morgan -Ruth Harrell
President of Our Hands
Good Shepard Lutheran Church
Zod Rom
Student
Good Shepard Lutheran Church
Lora Walsh
Program Director/Pastor
St. Paul's Episcopal Church
Halvor Halvorson
Graduate Assistant
Good Shepherd Lutheran Church
Dr. Anna Lindquist
Good Shepherd Lutheran Church
Rev. Jim Parrish
Unitarian Universalist
Laura Phillips
Ordained Minister through Universal Life Church
Unitarian Universalist
Rev. Terry Gosnell
Trinity United Methodist
Mary Cochran
NWA Quakers
Annette Olsen
Unity Fayettevillle
Pastor Steve Shealy
Rolling Hills Baptist Church
Rev. Dr. Leslie Frances Smith Belden, Ph.D.
Parish Associate, First United Presbyterian Church
Johnnie Chamberlin
Secular Humanist
Rev. Terry Gosnell
United Methodist Church
Business Sign On
Sonia Davis Gutierrez
New Design School
Sonia Davis Gutierrez
3c21 Design
Mike Davis, Sculptor
Kirk Lanier
Photographer at Fayetteville Underground
Hannah Withers
Maxine's Tap Room
Hanna Wlther's
Little Bread Company
Todd and Nickki Golden
Mermaid's Seafood Restaurant
Maudie Schmidt
Cafe Rue Orleans
Jason, Robin, Keith
Four Legged Bird
Pattie Williams
Soul Matters
Phyllis Rengier
Healing Hearts Chiropractic
Brian Bailey
The Mustache: Goods and Wears
Sammy Allen Townsend
Vince Pianalto
Justin Calvert
Buchee Bistro
Andi Wise
Mayapple Salon
Organizations
NWA Center for Equality
Arkansas Transgender Coalition
Center for Artistic Revolution
OMNI Center for peace, justice, and ecology
Arkansas Support Network
Washington Co. Dems
Washington Co. Dems - Black Caucus
Washington Co. Dems - Hispanic Caucus
Hispanic Women's Organization of Arkansas
Arkansas United Community Coalition
PFLAG of NWA
Northwest Arkansas Humanist Association
Compassion Fayetteville
Ministerial and Pastoral Services
Fayetteville Fairness Coalition Speakers:
David Williams - Co Chair FFC
Rev. Lowell Grisham - Faith Leader St. Pauls
D'Andre Jones - NWA Democratic Black
Caucus
Cathy Campbell - Mother of Trans Son
Kate Bartow - Transgender Advocate
Terrah Baker -Veteran
Hannah Withers - Business Owner
James Rector - NWA Center for Equaltiy
Michael Holloman -Psychyatrist
Anita Schnee - Lawyer
Phyllis Rengier - Business Owner/ Citizen
Pattie Williams - Co- Chari FFC
Mireya Rieth - ED, Arkansas United
Community Coalition
Maria Bae Di Hicks
Jodi Nimmo
Mike Emery
Dr. Lisa Corrigan
Todd Elkins
Lee Ann Kindrick
Justine Turnage
State Rep. David Whitaker
Jessica Richards
Jeremy Woody
Mary Cochran
David Garcia
Kyle Smith
Gladys Tiffany
Camille Richoux
Bernard Sulliban
Danielle Stoddard
Jason Banthon
Wade Cunningham
Danielle Weatherby
Janis Walters
Laura Gasparotto
Laura Phillips
Dale Manning
Sally Baker Williams
Lisa Suart
Laura Hampton
Georgia Lance
Abigail Letsinger
Samantha Sigmon
KEEPING FAYETTEVILLE FAIR: GENERAL TALKING POINTS
Fayetteville, Arkansas has a lot it can teach the rest of the country. Home to one of the country's most prominent public
universities, a thriving business climate, and several of the nation's leading corporate philanthropists, Fayetteville has
been named one of the best places to retire and one of the best cities for business and careers in the country.
Values like fairness and inclusion have helped make Fayetteville the city it is today. In fact, the University of Arkansas
at Fayetteville, the city's top employer, already has a fully -inclusive non-discrimination policy. Now, business leaders,
faith leaders and everyday folks in the community—with the help of members of the Fayetteville City Council—want to
bring a similar policy city-wide. The proposed ordinance would protect the residents of Fayetteville from discrimination
on the basis of race, ethnicity, national origin, age, gender, gender identity, gender expression, familial status, marital
status, socioeconomic background, religion, sexual orientation, disability and veteran status in employment, housing and
places of public accommodation.
This is the right thing to do for a city like Fayetteville. Beginning with an ordinance passed in Minneapolis in 1975, 18
states, the District of Columbia, and more than 200 cities and counties have enacted inclusive laws prohibiting
discrimination. More than 500 private businesses across the United States, including 61% of Fortune 500 companies,
have voluntarily adopted comprehensive policies that prohibit discrimination, and 49 of the 50 Fortune 500 companies in
the U.S. have similar protections.
WIN ARE THESE LAWS AND POLICIES NEEDED?
First of all, this law is a reflection of our shared values. A welcoming climate has drawn Americans from across the
countryas well as some of the nation's leading businesses—to make their home in Northwest Arkansas. Passing this
ordinance sends a message that Fayetteville treats all people fairly. That says something very important about who we
are.
The legal motivation behind laws like this one is simple, but powerful: the goal is to protect people from arbitrary
discrimination in employment, housing, and public accommodations. A person's race, religion, sexual orientation or
gender identity has nothing to do with their job performance, or their qualifications as a good renter, or their right to
receive service at a business open to the public. People should be judged on their merits and not be denied opportunities
because of prejudice.
Discrimination is a very real problem for LGBT Arkansans. According to a recent survey of LGBT people in
Arkansas, 25 percent of respondents reported experiencing employment discrimination and 37 percent have experienced
harassment at work.
It's important to note that laws against discrimination do not prevent employers from firing incompetent
employees and do not prevent landlords from turning down unqualified renters. These laws simply make sure
that all employees get a fair chance at working hard to get ahead without being singled out or judged based on factors
irrelevant to their ability to work or pay their bills.
KEEPING FAYETTEVILLE FAIR: GENERAL TALKING POINTS
RESPONDING TO COMMON COUNTERARGUMENTS
Special Rights. Anti -discrimination laws do not create "special rights" for certain Arkansans and not others. The
right to work, rent a home, or shop for groceries is not a "special" right, and that is why we already have civil rights
laws protecting against many forms of discrimination at the federal law. An inclusive non-discrimination law simply
puts all Arkansas on equal footing.
Flood of Litigation. An anti -discrimination law will not create a flood of litigation or harm small businesses. Similar
laws in other states and municipalities have led to no notable increase in litigation.
Redundant Protections. The Employment Non -Discrimination Act would add discrimination on the basis of sexual
orientation and gender identity into federal law, but even if ENDA becomes law it only deals with employment
discrimination. A recent decision by the EEOC that forbids gender identity discrimination in federal employment is an
important, but similarly limited, development. 29 states do not prohibit discrimination on the basis of sexual orientatior
and 32 do not prohibit discrimination on the basis of gender identity.
Bathroom Concerns. Under this ordinance, it will still be a criminal offense to assault or harass someone in a
bathroom. The claim that these laws provide men access to women's rooms in order to assault women and girls is
fear -mongering and fundamentally untrue. Assault is and continues to be illegal, no matter who is perpetrating it or
where it occurs. LGBT people deserve the ability to be able to use bathrooms in peace and safety, and the truth is
that they are far more likely to be the victims of harassment and violence in bathrooms then they are to be the
perpetrators.
Religious Organizations. Religious organizations can choose to hire members of their own faith and exclude
applicants based on virtually any reason, so long as the work those people are hired to perform is related to the
organization's religious activities. Those rights are not affected by a non-discrimination ordinance that includes
protections for LGBT people.
Religious Individuals. Existing non-discrimination laws at the state and local level obligate business owners to serve
people of all faiths and races even when doing so challenges the religious views of the business owner. For example,
the Christian owner of a florist shop may not refuse to provide flowers for the wedding of an interfaith couple, nor
would it for an inter -racial couple. Businesses engaged in public commerce should be held to this same standard in
relation to LGBT people
FAYETTEVILLE FAIRNESS COALITION
2014 -Fayetteville Ordinance 119 - Civil Rights Administrator -Petition of Support
SIGNATURE
Melissa Thomey
Joseph M. Porter
Wade Cunningham
Chloe Undernehr
Joyce Terrell
Blanca Luna
Lori May
Sugar Ellis
Nichole Gutierrez
Laura Phillips
Cynthia Grimes
Michael Walsh
Kerry Crawford
Larry King
Mrs. Kathleen Wright
William Clifton
Joshua Anderson
Mrs. Teri Dawn Wright
Kathy Layne
Jess Goodwin
Georgia Lance
Debbie Morgan
Kathy Benton
Joanna Sites
Todd Elkins
Grace Henderson
Rick Mccormick
Emily Mcnair
Johnia Sharp
Kirk Guthrie
Mr. David Larson Jr.
James Van Horn
Hannah Moon
Olivia Barraza
David Embree
CITY
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Prairie Grove
Fayetteville
Fayetteville
Rogers
Fayetteville
Fayetteville
centerton
Eureka Springs
Fayetteville
Bella Vista
West Fork
Springdale
Springdale
West Fork
Mansfield
West Fork
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Prairie Grove
Fayetteville
Fayetteville
Fayetteville
Bentonville
Fayetteville
Fayetteville
Rogers
Fayetteville
SIGNATURE
Alyssa Andres
Jessica Schermacher
Kristen Speer
Kerri Williams
Christopher Starritt
Jeremy Whisenhunt
Tonya Wright
Adrienne Bush
Jonathan webb
Mike Halterman
Jeremy Stuthard
Michael Andrews
Sara Lafargue
Jamey McGaugh
Tyler Rhodes
Jessica Rogers
Shelby Hanson
Peter M. LaBrie
David Whitaker
Judith Levine
Lindsey Stotts
Stephanie Alice Fox
Laura Wood
Lee Ann Kendrick
Michelle Bell
Haley Smith
Kiley Hinsch
Danielle Post -Reid
Abigail Epley
Janelle Ezell
Don Marr
Brett Sterling
John Phillips
lydia nelson
Kelly Zega
Springdale
Fayetteville
Elkins
Little Flock
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Tampa
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Fayetteville
Harrison
Fayetteville
Fayetteville
Springdale
Fayetteville
fayetteville
Springdale
SIGNATURE
CITY
SIGNATURE
CITY
Andrew Bowlan
Rogers
Lamont Richie
Sarah Craig
Fayetteville
Naomi A.
Fayetteville
Peggy Way
Eureka Springs
Brian Owens
Springdale
Kim Stryker
Eureka Springs
Robyn Riggin
Fayetteville
Gregory Hein
Berryville
Jo-Rita Dewey
Eureka Springs
Jill Collins
Eureka Springs
James Brooks
fayetteville
Neta Stamps
Berryville
Andria Jandak
Newport
Sandra Dunn
Holiday Island
Zeek Taylor
Eureka Springs
Trina Swadley
Bentonville
Cheryl Maples
Heber Springs
Tim Collins
Eureka Springs
Nicole Humphrey
Joplin
Nature Levon
Fayetteville
William Heidemann
Bentonville
Emma Turner
Fayette
Amanda Pearson
Springdale
Grace Richardson
Fayetteville
Amanda Hoover
Josh Williams
Fayetteville
Calvin Cotton
Eureka Springs
Suzan Bell
Eureka Springs
Sarah Horton
Florence
Stephanie Frazzitta
Daniel Scott
Fayetteville
Ms. Katelyn Bartow
Fayetteville
Joe Hill
Eureka Springs
Michelle Betzner
Fayetteville
Susan Gilliland
Tulsa
Abby McCain
Fayetteville
Michael McGinnis
Houston
Gordon Hallford
Red Bluff
Dorothy Davenport
Tulsa
Ethan Fowler
Fayetteville
Deborah Green
Fayetteville
Robyn Bailey
Bentonville
Julie Quinn
Brandon Parks
Fort Smith
Michelle Churchill
Berryville
Carrie Waller
Siloam Springs
Zara Raezer
Fayetteville
Olivia DeMille
Fayetteville
Rachelle Cagle
Fayetteville
DeAnna Pellerin
San Antonio
Vittoria Catanzariti
Fayetteville
Cal Ingram
Springfield
Monique Beilby
Fayetteville
Jamie Cooke
Springdale
Diana Barrera
Fayetteville
Glenn Brown
Eureka Springs
Zac Slade
Fayetteville
Ronny Stoddard
Eucha
Mark Wetzel
Eureka Springs
Pamela Boese
Bentonville
Angela Lowe
Roland
Betsy Warren
Summit
Teresa Gardner-Borders
Republic
Tony Wojnar
Berryville
LaNeece White
Siloam Springs
Summer Trottier
Sara Sawyer
Fayetteville
Sara .gnmigr
FavAttAvillA
DATE—SUBMITTED IAST_NAME
FIRST—NAME
HOME_STREET3
8/3/141:245mith
Osbourn.
1106 W Maple St
7/29/14 12:37Keahey
Jessica
1768 N Woolsey Ave
7/28/1415:02White
Sara
363 EMimosa Ln
8/12114829buonawto
shelley,
13866 Pin Oak Rd
7/29/1415:0 W.an
Kasey
701 E. Edna
7/2911412:31Webb
Sarah
545N Ruth Ave
8/15/142:09Jacques
Winnona
1850 N Scull Creek Dr
7/29/14 21:26Anadell
Joel
2915 North Raven Lane
7/28/1415:09Pribbernow
Michelle
575 E Village Dr
7/31/14 18a3Rigsby
Charles A.
1661 N. Boston Place
8/14/14 3:09Gulas
Carol
16735 Wooded N
8/12/1414:OBDavis
Donnie
128 E. Davidson Street
8/I111413:39Tucker
Janet
108 A. hartman ay.
7/28/1415:1711yan
Christine
2062 E STUBBLEFIELD RD
8/1/1414:09TIffany
Gladys
105 N. Willow
8/12/14 0:32Lard
Allyn
433 E Prospect 5t
7/2B/1414:43Oark
Charles
1625 N oakhaven PI.
7/29/14 2:235ealy
Ramsey
1356 N Stephens Ave
7/213/1419:15Fedele
David
4245 NE Meadow Creek Cir Apt 304
7/29/140:055cherer
Suzanne
2704 N VILLA BLVD
8/12/14 11:325hafer
Ton]
775Trout
7/29/1421:12Thomas
Margaret
409 N. West Ave.
7/28/34 18:118alley
Brad
1793 Janice Ave.
8/11/14 14:081,1alland
Nancy
1692 S. Hunt Lane
7/29/14 18:375uth.dand
Tom
701 Back Drive
8/13/1423:25DeCArvalho
Lauren
1795 W Crowne Dr Apt 207
7/29/14 15:24Wilhite
Erika
33 e4 st
8/2/1420:29D'Allsera
JoAnn
1787 N. Hunters Ridge
8/11/14 23:564lexander
Fran
2946 Fox Hunter Rd.
8/11/1414:39Gonzalez
Val
12094 Hazel Valley Rd
7/3W1422:23Miesse
Michelle
701 W Sycamore St Apt 69
7/29/14 11:48Larson
David
2453 W Valley Dr
8/13/140:43BIanchard
Sharon
1900 N. Garland Apt 23
8/5/14 ISASAnderson
Meghan
3095. Universlty Ave.
8/12/1411:41Hejtmanek
Edward
1622 Markham Road
8/11/1414:08Lavery
Barbara
590n rockcliff rd
8/1/1416:08Cadell
Felix
13632 White Oak lane
7/28/1415:52Weeks
Tammy
1265 Locust #3
7/28/1415:37Gibbs
Marta
24 N Olive Ave
7/29/14 12:50Miller
Kelly
4D80 N Cadillac Or Apt 9
7/28/1415:006allew
Alyson
1828 N Cambridge Rd
8/11/14 12:Nldlet
Susan
526 S Washington Ave
7/28/1421:225ayre
Becky
416 W Wren Circle
8/13/14 6:08Barker
Chelsea
4335 W Beaver
8/11/1420:14Webb
Sarah
545N Roth Ave
7/29/14 12:24Welborn
Kennedy
300 South Donaghey Ave
9/12/1411:181-ill
Amanda
1171 E CAIN DR
7/29/147:13Hwren
Matthew
4245 NE Meadow Creek 0r Apt 304
8/11/14 13:59Mesrablan
Ann
19 West Pike St
7/28/14 14:04Hawkins
Lauren
1101 S. Duncan Ave.
8/6/14 1970816chards
lessi
14821 Peterson rd
7/28/1415:558ennett
Barry
I N School Ave.4509
7/28/14 15:560een
Steve
515 N Park Ave
8/11/1412:00Ada nson, SFCC
Claudia
2961 North John Wayne Drive
8/12/1415:17Veloz
Fredrico
1965 spinal link
8/12/1410:53Adderholt
Hannah
3255 Gregg Ave
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479466-6694
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4762200
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8/3/1431:45Patterson
Saundra
3366 w oak0eldA
fayetteville
AR
72704-6766 saundyp5l@yahw.com
7/29/1422:02Gemmato
Phillip
609 W Dickson St Unit 608
Fayetteville
AR
72701.5093 Phil gemmato@gmail.cam
e/11/1413:146arnett
Bryan
474 N Coral Canyon Loop Apt 429
Fayetteville
AR
72704.6288 bryanmbarnettl@yahoo.com
7/29/1422:2113rown
Brian
P.O. Box 881
Fayetteville
AR
72702-0881 brinchrsgin@gmail.com
7/29/1411:52Lyan
Matthew
1055 West Ave
Fayetteville
AR
72701-SB43 lyon.matthew@gmail.wm
7/28/1414:430smer
Alan
312 south block
Fayetteville
AR
72701-6026 alan.astner@yahoo.com
8/11/1423:3914Immo
Susan
3995 Rlverrldge Drive
Fayetteville
AR
72704cindynimmo@yahoo.com
7/29/1413:20WIlllams
Amy
11732 N Clubhouse Pkwy
Farmington
AR
72730-8824 hawksloulou20@yahoo.com
7/29/1418:572ahn
Geoffrey
320 s Washington ave
Fayetteville
AR
72701-6161 geoff.gone@gmali.com
7/28/1415:03Nardttrom
Jason
2313 E Kantz Cv
Fayetteville
AR
72703-3105 Jason.nordstrom@gmaiLcom
7/28/1415:56Cale
Jennifer
Jennlferule@yahoo.com
Fayetteville
AR
72703Jennifemale@yahoo.com
7/28/1422:0211obson
Charity
1803 Preservation Dr Apt 2
Fayetteville
AR
72703-1388 hobwn033@yahw.com
7/2811418:56Pronger
Debra
2624 a Country Way
Fayetteville
AR
727034304 dspranger54@aol.com
7/29/149:58SPEARS
LEAH
800 E CALVIN
FAYEffEVIM AR
72703-20131m100676@gmall.com
7/23/1414:180ornell
Natasha
532 South Sang Avenue
Fayetteville
At
72701-6270 natwha.corneil@ymail.com
8/11/1412:48Green
Nicole
1010 N. Molly CL
Fayetteville
AR
72701-1921 nicole r green@yahoo.com
7/31/1412:571ance
Georgia
1309 South Washington 83
Fayetteville
AR
72701-6663 georglalance@yahoo.com
7/28/1414:371(ruth
Amber
3233 E Navajo Court
Fayetteville
AR
72701-2813 akruth@nwaonline.com
7/28/1420:4814ernandez
Jeremy
250 w MILK blvd
fayetteville
AR
72701-6507 jeremyhemandez8l@gmall.wm
8/23/1419:055m1th
Kyle
2801 W Dore Dr
Fayetteville
AR
72704kylesmkh@projectgalllw.net
7/29/1413:04NImmo
Jodi
12355 West Ave
Fayetteville
AR
77701-6425 Jgrogoh@uark.edu
7128/1417:14howard
tom
2251 mission blvd.
Fayetteville
AR
72703-3137 Wm.Wl@cox.net
7/29/141620Watson
Kyler
3290 Glenbrook bop
Springdale
AR
72764-7861 kbwatson@uark.edu
8/3/1422:36Anonymous
Marie SLClalre
3358 Harvard St
fayeltevllle
AR
72704-S747 fysexeducation@gmaiLcom
7/28/1415:498rown
Dee
1582 East 50, Street
Fayetteville
AR
727014501 deel582@yaho0.com
7/29/1413:18AIlee
Kaleb
4548 W. Lofty wood Dr
Fayetteville
All
72704-7520 kaleb.allee@gmalLcom
7/28/1415:32(1
Brandon
413 North West street
Fayetteville
AR
727014591 mbrgraham@gmall.com
7/29/1415:00taylor
teesha
303 w spring st
fayetteville
AR
72701-5138 teeshabethany@gmalLcom
8/12/1410A4Curry
Caplin
1500 N Leverett Ave Apt 102
Fayetteville
AR
72703-6030 crcurry@uark.edu
7/30/1411:54Davls
Shannon
118 North Duncan Ave Bid D 104
Fayetteville
AR
727014939 sed030@emall.uark.edu
8/4/1431:50Wright
Kathleen
15077 Woolsey Rd
West Fark
AR
72774-9503 kgwright73@gmalLcom
7/29/1412:2SCunningham
Wade
4387 Beaver Lane
Fayetteville
AR
72704-5538 wcunningh@gmall.com
7/28/1414:27Lehman
Kathleen
318 S Combs Ave
Fayetteville
AR
72701-6117 klehman511@yahco.com
8/11/1413:SSBeetz
Alice
5125 East Ave
Fayetteville
AR
72701-6048 a1ke.beeta@gmalLcom
7/28/1420:25Cralg
Mark
3940 N Park Oaks Dr Apt 12
Fayetteville
AR
72703-7097 markcrag1085@gmalLcom
7/28/1416:14Brown
Garrett Addison 2084 n chestnut apt 14
Fayetteville
AR
72703-2242 addlsonbrown1985@gmall.com
7/28/1415:5211artman
Charles
2416 Sara Alice Court
Fayetteville
AR
72701-0456 hartmancharles40@gmalLcom
7/2R/1414:135tnddard
Danielle
122 N Aqua Crossing Apt 9
Fayetteville
AR
72701-7601 ncoddaN@outI0ok.com
7/28/1418:04Mahanay
Lela
2720 Mt. Comfort Rd
Fayetteville
AR
72704-5715 lmhn009@gmalLcom
7128/1415:16goat
Brooks
1712 Is chestnut ave
Fayetteville
All
72703-2278 baboaz@email.uark.edu
7/28/1414:07Mwcer
Chelsea
3349 W Fairfax St
Fayetteville
AR
72704-5371 cmercer3373@alm.com
7/28/1414:24Green
Nicole
1010 N. Molly Ct.
Fayetteville
AR
72701-1921 nrgreen@uark.edu
7/29/1418:13011oreto
lames
1385 E. Century Drive
Fayetteville
All
72703-3743 dlloreto@uark.edu
7/31/1417:34Weatherford
Rachel
39015W Gibson Ave.
Bentonville
All
72712-5198 racheleweatheiford@gmall.com
7/28/1414:09Amos
Garron
658 Melbourne Or
Fayetteville
AR
72701-8944 Samos@uark.edu
7/28/1415:17Hodges
Jeremy
3242 N. Warwick Dr.
Fayetteville
AR
72703-6517 Jeremymhotlges@gmall.com
7/30/1418:50Adams
Destiny
3923 Webster Branch rd
Van Buren
AR
72956-6811 muskaldadams@yahoo.com
7/28/1414:09Anabal-Walker
Allson
1504 N. Oakland Ave.
Fayetteville
AR
72703-1742 energymedkine@gllanet.com
7128/1417:14Hobbs
Cougan
2530 E Kant, Apt R 3
Fayetteville
AR
72703-3222 couganhubbs@gmail.com
7/29/1416:03erlksen
kate
2054 n garland ave 45
Fayetteville
AR
72703-2132 katenbaby@yahoo.wm
7/29/149A36ray
Candice
2288 hidden creek
Fayetteville
AR
72704-6355 cevansgray@gmall.com
7/30/2419:32Cuman
Michael
848 N Storer Ave
Fayetteville
AR
727014830 curnn.mkM4llev.gmNl.xem
7/28/1422:59MCHan
Kyle
2309 E Flint Creek
Fayetteville
Aft
727034437 kyle.mchan@gmall.com
7/28/1414:25wyatt
kristal
425 Stonebridge rd
fayettevllle
AR
727014667 kfwyatt7@rocketmalLcom
8/4/140:268artow
Kateiyn
1390 W Wedington Dr, Apt 7
Fayetteville
AR
72701-1752 katehnbartow@gmall.com
8/12/14 6:SiBemberg
Paula
217 E. Lafayette St.
Fayetteville
All
727014242 pbemberg@cox.net
7/2911418:32Reece
Rayna
11279 pleasant hill rd
lincoln
AR
72744-9488 raynareecel2@gmalLcom
(224)532-1101
(870761.0101
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4793016760
7/28/1416:55Cox
Jacquelyn
101 South University Ave
Fayetteville
AR
72701-5836 jacquynrcm@gmail.mm
7/28/1417:15HIOs
Tiffarry
1550 Electric Ave. Apt. C101
Springdale
AR
72764-7837 tiF(y092489@gmail.mm
7/28/1417:19Monye
IUSGracee
1764 n leverett
Fayetteville
AR
72703-2303 irlsgmonye@gmall.com
7/29/1411:53Ayers
Brimi
1570 Hope St
Fayetteville
AR
72701-2430 blayers@uark.edu
7/29/1412:05Terhune
Claire
1801 N Applebury PI
Fayetteville
AR
72701-2508 ceterhune@hotmail.com
7/29/141224Thornton
Charles
548 Madison 5520
elkins
AR
72727.89S3 cMhornton@gmaiLcom
7/29/1412:50Collins
Joshua
323 E. Lafayette St. Apt.#105
Fayetteville
AR
72701-4384 cirlochuacollins@gmall.mm
7/29/1412:54Ba11ey
Tessa
520 E Maple St Apt C
Fayetteville
AR
72701-3566 texastessal@gmail.com
7/29/1413:27Mustlon
Michelle
601 N. Wh itham Ave.
Fayetteville
AR
72701-3251 mmustionl@gmalLcom
7/29/1413:311-10ward
Jason
3878 N. Park Oaks Dr.
Fayetteville
AR
72703-5275 phlllpjmonhoward@gmaiLmm
7/29/1413:43Horne
Sarah
1385 N. Oakland Ave
Fayetteville
AR
72703-1650 sarah,mmel3@gmall.com
7/29/1415:37Martin
Kristen
2962 W. Marigold
Fayetteville
AR
72704.6708 kristenbreannam@gmalLcom
7/29/1415ADWashingtOn
Rachel
2569 W Orlando Dr Apt 9
Fayetteville
AR
72701-7777 rachel.lynett@gmail.com
7/29/1420:392ahn
Stephen
3105 Washington
Fayetteville
AR
72701-6161 stephenezahn@gmaiLcom
7/30/141:06Atkins
Jaden
1733 W Preservation Dr.
Fayetteville
AR
72703-1383 Jzal994@yahoo.com
7/30/148:46Collins
Katie
22485 Clover
Fayetteville
AR
72701-6926 katlebebe@hotmall.com
7/30/1410:07Miller
Alex
2924 E girdle dr
Fayetteville
AR
72703.6553 amiller@rmpllp.com
7/30/1418:14Emerson
Laura Ann
3506 W Clearwood Drive
Fayetteville
AR
72704-6122 laemerson1122@gmaiLmm
7/30/1418:23Gasparotto
Laura
920 N. Levered Ave 8824
Fayetteville
AR
72701-1863 misslauralovecraff@gmalLcom
7/30/1418:38Felix
Kelsey
2031 N East Oaks Drive
Fayetteville
AR
72703.3144 mrskekeyfellx@hotmall.com
7/30/1418:5080STWICK
CHELSEA
1939 N Caton Drive
Fayetteville
AR
72704-5893 chekeambostwick@gmalLcom
7/30/1422:1SGarcla
David
252 Thompson Ave
Fayetteville
AR
72701-0806 anotheromnlanivlst@gmaiLcom
7/30/1422:47Arnold
Mark
389 E Pharrls dr
Fayetteville
AR
72703403Sa mold@.aIk,Idu
7/31/143:47Wrlght
Elizabeth
344 Phillips st
West Fork
AR
72774-2809111yySlhart@yahoo.com
7131/1423:39Attaway
Holly
1633 E. Wellsley Place
Fayetteville
AR
72703-3093 hollyattaway@gmaiLcom
8/1/1414:18Walters
Janis
403 W. 24th Street, Apt. 97
Fayetteville
AR
72701-6960 silverw01fe10@gmaiLcom
8/2/141020Camm
8/2/1419:23Pierce
Sasha
2020 N Leverett Ave
Fayetteville
Y
AR
72703-2230 sncanan@emall.uark.edu
5018381842
(S40) 9314538
8/2/1423:0DStarks
Michael
449 W. Adams
Fayetteville
AR
72701-1906 plerce.11@osu.edu
5409314538
8/3/1423:O1Bethune
Tricia
Christina
449 w Adams
870 W Lawson St Apt 2
Fayetteville
AR
72701-1905 tricia.starks@facebook.com
8/3/1423:251-latcher
Delilah
1601 Latourette, Ln
Fayetteville
AR
72703-1735 mllesprower67@hotmalLcom
8/41141217Hendersoo
Grace
106 N Platinum Of#10
Jonesboro
AR
72404-0727 hatch matk@gmail.com
8/4/1421:245ee1
Zoll
Fayetteville
AR
72701-7374 ghenderson89@gmalLcom
8/4/1423:44Jeokins
301 n garland ave pmb 117
fayettevllle
AR
727014031 zollgax@gmalLcom
8/5/149:19Province
Erin
Samantha
22675 Camron Cir
Fayetteville
AR
72701-6980 colleen@live.com
(501)409-9951
8/5/1420:14[hang
Carla
1764 N. Levered A"#241
Fayetteville
AR
72703-2333 saman[hasolareyez@gmaiLcom
8/5/1421:28Toll
413N West Ave
Fayetteville
AR
727014591carlhachang@hotmall.com
8/6/1411:56Fiddner
Beverly
1S141 Low Gap Rd
West Fork
AR
72774-9346 btoll1019@gmaiLcom
(479)839-3238
8/6/1416:00ishtiaq
Korey
2532 N. Trafalgar Drive
Fayetteville
AR
72704-6090 k8ddner@gmail.mm
8/7/143:3SJanskl
aneeqa
4695 W Soapstone Or
Fayetteville
AR
72704-7673 aneega.ahtiaq@gmalLcom
8/7/1412:3SLindsay
Renee
Christy
50 E. Poplar 5t.
1315
Fayetteville
AR
72703-2530 janskistudlo@gmalLcom
8/1111431:550awson
Wesley
Lewis Woods Lane
131 S University
Fayetteville
AR
72701-92911amwolfdrummer@gmaiLcom
8/11/1422:SSTakemoto
Karen
Ave
fayettevllle
AR
72701-5836 wesley.p.clawson@gmalLcom
8/11/1423:31 House
278 wolfe lane
Farmington
AR
72730-2512 ktakemoM@aol.com
8/11/1423:I5Newman
Glenda
106 W. Boles St.
Fayetteville
AR7P014201
ghouse@uark.edu
4792675822'
8/12/149:0891anch
Joe
1676 N Broadview Drive
Fayetteville
AR
72703-2007 jdaanew@sbcglobal.net
8/12/1410:45Sharara
Betty
Mahmoud
2358 Ferguson Ave
Fayetteville
AR
72703-4345 bettyjblmch@gmail.com
8/12/1430:SSWilzon
Matthew
522 N. 0ak St., Aptl
Little Rock
AR
722054179 msharars@uark.edu
479409053b
8/12/1411:096anlo
210 S School Ave #5
Fayetteville
AR
72]01-5958 claybomb84@gmalLcom
4]9]130658'
8/12/1411:335imon
Heather
1234 west ridgeway dr
Fayetteville
AR
72701-2527 hganlo@gmaiLcom
8/12/14 11:35Cdsp
Brent
Victoria
904 Natchez
Alpha Omicron PI 712 W Maple St
Bentonvllle
AR
72712-3689 brent.j.shon@gmaiLcom
e/12/1411:35MacDOnald
lames
205 E Harold St
fayettevllle
AR
72701vacrisp@uark.edu
8/12/1411t41Newmark
Had
2741 W Quail Dr.
Fayetteville
AR
72703-3818 petmhuwlov@gmall.com
8/12/1433ASMcCormick
Justin
1854 W Custer Ln
Fayetteville
AR
72709-5612 Jotters@gmalLcom
8/12/14 31:53Carlew
Almabdria
422 w Adams street
Fayetteville
AR
72701.6758 jejmcconnick@yahuo.com
8/12/1431:59STarks
Tricia
449 W. Adams St
Fayetteville
AR
72701-1905 acarlew@uarkedu
8/12/1412:20Weaver
Destiny
1008 W Bob Place
Fayetteville
AR
72701-1905 tncia.starks.9@facebook.mm
Fayetteville
AR
72704-2195 destlny.weaver89@gmalLcom
8/12/1413:231.1ndsey
Ashley
1719 pleasant woods drive
Fayettevltl
AR
72703-1462 ashley.m.lindsey@gmaltcom
8/12/1413:27Willlams
Shelby
2542 Gentle Oaks to
Fayetteville
All
72703.6147 shelbywilllams.2542@yahoo.com
8/12/1413:46Parry
Megan
1789 Chestnut Ave
Fayetteville
AR
72703mmparry@uark.edu
g/12/1413:51tontery
Cassie
4254 NE Meadow Creek Or #303
Fayetteville
AR
72703-6361 c1conley.ck@gmall.ccm
9112/1417:57MIIIs
,Tie
1333 Pleasant Woods Dr.
Fayetteville
AR
72703-1465 starbaby.tm@gmail.com
8112/1418:40topu4ove
layea
4155 n valley lake drlve#4
Fayetteville
AR
72703-70771aynbpec@yahoo.com
8/12/1419:316amett
Bradley
1208 N Carlsbad TR
Fayetteville
All
727WS826 braclewgamett@gmail.com
8/13/140:131.oney
�Cadence
619 north rockdNF road
Fayetteville
AR
72701-3815cadytheledl@gmall.com
8/131147:32Call
Brandon
3209 WGypsum Dr.
fayetteville
AR
72704-5610,brandonMomasoll@gmaN.com
8/13/1413:03Pennell
k9mherly
12308 Ed Edwards
Fayetteville
AR
72701-9434 klmberty@touchstoneservlces.net
8/13/1419:S7Call
!fristen
3209 WGypwm Or
Fayetteville
AR
72704-5610 tdsten.call@gmallmm
8/13/1421:07Ray
FShana
2785 N Ida tlndsey Or
Fayette
AR
72703-4478 sr001@uarkedu
8/14/1413:321icolll
Magaly
1211 N Oakland m, apt l
Fayetteville
AR
72703.1676 magry_marvel@sbcglobal.net 479435069,
8/1711416:1Obrady
Jana
1824 applebury place
byettevllle
AR
72701-2507 steetcreekacu@gmail.com
LlI support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAYETTEVILLE I support an A DO that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
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rlsupport the City of Fayetteville in passing a citywide Anti Discrimination Ordinance to protect and safeguard the right and' opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
�mm TRV LL? I support an A D 0 that ensures every Fayetlevillian has equal access to employment, housing and public accommodations.
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,W]I support the City of Fayetteville in passing a cilywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
PAYETTEVILLE I support an A DO that ensures every Fayetlevillian has equal access to employment, housing and public accommodations.
FR5T NAPE 04EIOIE PNINp LAST NIME
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I support the Gty of Fayetteville in passing a citywide And - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
I support an A D 0 that ensures every Fayetlevillian has equal access to employment, housing and pubic accommodations.
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I support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAVETTEVILLE I support an ADO that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
FIRST NAME VLLEANE WANT)
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I support the City of Fayetteville in passing a citywide Anti Discrimination Ordinance to protectsafeguard the right and oppbrtunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAVETTFV ��lbe I support an A D 0 that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
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Llsupport the Cily of Fayetteville in passing a citywide Anti - Discriminafion Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAVETTEVLLE I support an ADO that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
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I support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right andopportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAYETTEVILLLE I support an ADO that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
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I support the City of Fayetteville in passing a citywide Anti - Discriminafion Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAYETTEVILLE I support an ADO that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
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I support the City of Fayetteville in passing a citywide And - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free f rom all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identify, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
P.`N^�!LB I support an ADO that ensures every Fayetlevillian has equal access to employment, housing and public accommodations.
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I support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAYETTEVILLE I support an ADO that ensures every Fayettevillian has equal access to employment, housing and public; accommodations.
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riI support the City of Fayetteville in passing a citywide And Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
ET IVILLIN I support an ADO that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
FIRST NAME{ARD9E PIMRTI
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I support the Gty of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAYETTEVILLE I support an ADO that ensues every Fayetlevillian has equal access to employment, housing and public accommodation.
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I support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, odor; ethnicity, national
origin,'age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
PAYETTMUR I support an ADO 0 that ensures eve Fa ettevillian has equal access to em
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I support the City of Fayetteville in passing a citywide Human Rights Ordinance that will protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAYETTEVILLE I support an HRO that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
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"This list will be shared wilh Fayatwa ills City Ald.,.n and Fayehaville Faimeas Coalition partners.
I support the City of Fayetteville in passing a citywide Human Rights Ordinance that will protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, -sexual orientation, disability, marital or family status and veteran status.
FAYETTEVILLE I support an HRO that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
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"This list Will be shared with Fayetteville Oily Alderman and Faye(eville Faimeae CDeliti.n p ft..s
I support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAYEnlvILLe I support an A D0 that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
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riI support the City of Fayetteville in passing a citywide And - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran sialus.
PAYETTIRVILL9I support an ADO that ensures every Fayeltevillian has equal access to employment, housing and public accommodslions.
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FAYEELTTEVILLE I support an ADO that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
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origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAYETTEVILLE I support an HRO that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
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FIRST NAME(WEASE Mum LAST NAME
STREET ADDRESS
CRY
STATE ZIP
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IWILLSPSJKTOMY
CITY COUNCIL MEMBER
"This Iiia will be shared wilh Fayell.Wls Gay Aldermen and FayeReville Fairness Coalilion partners.
support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAYEETTEVVIKLE I support an ADO that ensures every Fayetlevillian has equal access to employment, housing and public accommodations.
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I support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard ilia right and opportunity
of all persona to be free from all forms of discrimination, including discrimination based on real or perceived race, color, elhnicily, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
iAYETIEVILiE Isupport an ADO [hat ensures every Fayeltevillian has equal access to employment, housing and publio accommodations.
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LAST RAfIff
STRIETAODRIES
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I support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAYtlT[CVILLE I support an ADO that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
G�M1T\SSI NAMEYLEA Amain,
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LAST NAME
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ElI support the City of Fayetteville in passing a citywide And - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to he free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
«"AYw`:'.R„nwU I support an ADO that ensures every Fayeltevillian has equal access to employment, housing and public accommodations.
FI�In J�✓�'`r1JY
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I support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
PAYE, IIVILLIT I support an A D 0 that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
FOR ST NAME fplIWIl MNNTI
r
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I
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MEMBEN
l
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EAST HAME
SWEET ADUNfSS
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LII support the City of Fayetteville in passing a citywide And Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran stalus.
r^`M„TRMLLI I support an ADO that ensures every Fayetlevillian has equal access to employment, housing and public accommodations.
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rlI support the City of Fayetteville in passing a citywide And - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAYETTEVILLE I support an A DO that ensures every Fayettevillian has equal access to employment, housing and public, accommodations.
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I support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color; ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
PL YwTTE Afk., 1 support an ADO That ensures every Fayellevillian has equal access to employment, housing and public, accommodations.
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I support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAYErrtivuLE I support an ADO that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
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(� CWILSP G,TO MY
MEYtlER
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I support the City of Fayetteville in passing a citywide And - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity; national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran alalus.
FAYp71FYnEE I support an ADO that ensures every Fayettevillian has equal access to employment, housing and public, accommodalions.
Ailrim• �onHll-n
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STREET ADDRESS
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FIRST NAME TIEAEF, ANDiLAf:T
1
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nosy NAME OISASE RIND
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I support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be tree from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identify, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAYETIIVIEEC l support an A DO that ensures every Fayettevillian has equal access to employment, housing and publio accommodations.
FIN5I NAME Y'LIAEA PLAINT)
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H CITYTCWNC l MEMNEN
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FIRST NAME p1EAM PRINT)
LAST SOME
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FINSI NAME (VLWIPPINT)
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I support the City of Fayetteville in passing a citywide And - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran alalus.
°L "N� I support an ADO that ensures every Fayetlevillian has equal access to employment, housing and public accommodations.
FIAlT NANE TR[ASE PR111E1
�czanc��
US/MIME
(_eco
HTTIEET ADDRESS
CITY
STATE
lip
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f
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❑ L WANT TO VOLUNTEER
1 1 1Wilt 11 M.AN TO MY
L'CT'COUNCIL WARIER
"PST N �E15[TRTIRI'
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"fN. NAI v.R In AhI,rtA wNh FryrNl.rilN+ CRy 11.1nn!•.! nnrl FAgnlln,+F. FAQ.. t;,.clnin� rm!n.�
I support the Gly of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAVETTEVILLE I support an ADO that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
Irni�.as rrxilllr,.
fIRB,N EDkEASE RRINtI
NAMEFIS�V jl
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FIRST NAME PRNM
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FIRST UWE(PREASE PRINT) LAST NAME
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STREET ADDRESS
W. Wein
9LI3/0/
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I support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived tace, color, ethnicity, national
origin, -age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FA,, 1, EVIL I support an ADO that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
FIRM NAME d IUUNL PRINT)
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1649 5,�ALLy b 1�
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FIRST NAME IN EASE PRINT) LAMNAME
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FIRST NAME (KEAN PAHM
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1 WANT TO VOLUNTEER
I WILL SPEAK TO MT
CRY COUNCIL MEMBER
' i Lie fiat” W ah..d vMh PoTww4i. GAT AAi.,. and FATemn A.I .... G.H. P.nrron
riI support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, othnicily, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
nA E sTEEVILLEi I support an ADO that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
FIRST NAMEDREASE ART
UST MA�����
STRICT ADDRESS ' � / ���
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Ir I WILL pPFAN LO MY
L� CITYCWNGL MEMBER
HOST NAME LEASE AIIT
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1
WILL SPFAX TO MY
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FlRST MAM`E RV EASF,PRINp
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;IP
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FIRM NAME RY1IEABf IITi
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VVILL SPI.AX To MY
CITY CO NCILME RIR
"TN. Fm " Ni ehnmd 'Rh F WIlw4. CNy AlNnnwn wnA FnTroar.4 Fn:....n. I mW— 'Ili,....
I support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and -opportunity
of all persons to be tree from all forms of discrimination, including discrimination based on real or perceived race,.color, ethnicity, national
origin .age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
sNYEirEvx I support an ADO that ensures every Fayetlevillian has equal access to employment, housing and public accommodations.
[IIIN) NAME O'IEASl PRINT)
IANT IUM!
STR[LT AOONlSS
C ITY
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1 1 IWANT70 VOLUNTEER
SP&AA TO MY
[I 'RLCWNCIL MEMBER
FIRST NAME IPLEAEEPRINIR
LAST NAME
STREET ADDRESS
CRLYI
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FMA NAME MASE PNIKn
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PHOHII Z -7S - I I O�'
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SPEAK To MY
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"this MI wi DP ShSwd wAh F WelwoU Cal AEiw , w.i pS)walwi, Fu,ru CoSblm ySm....
riI support the City of Fayetteville in passing a citywide And - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAy%T`T9VtLLG I support an ADO that ensures every Fayellevillian has equal access to employment, housing and public accommodalionx.
FIRST NAME MMSE PVMwV1
"TIY. IIaI
LAS\NAME
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BTw[�1[T "M71E�33
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l
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FIRST NAME B-LEABE PRIMn
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S1011E
ZIP
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r I WILL SPEAR TO MY
CRYCOUNCILMEMBER
FIRSTNAMEIMEASEPLRIIq
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FISYNAME OIFABE PMMI
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(WANT TO VOLUNTEER
I WILL SPEAK TO MY
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.0 1, Fhmed wnh FAYAII«ilU CFy ANW,,-, —d Fn,• I v Fab�..� l:rtr.lprn�. pe.,n.••.
I support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be tree from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, -age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAYOTTEVI'L11 I support an A DO that ensures every Fayellevillian has equal access to employment, housing and public accommodations.
FIRST NAME ow"" PRINT)
LA
rNAME
SYNEETAPORESS
T
STATE
fIP
7z76/
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wlwle
❑ I WANT TO VOLUNTEER
l
I I WILL SPEAK TO MY
LJ CITY COUNCIL MEMBER
FIRST NASAR"EASE MINYI
LUST "Mi
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I ' I Will SPEAK TO MY
L J CRY COUNCIL MEMOIR
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LAST NAME
STREIYADDRESS
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ZIP
1 WANT TO VOLUNTEERGtry
WILL To my
r�� V
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lv
LAST NAME
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1 WANT 70 VMVNIEFR
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I support the City of Fayetteville in passing a citywide Anti - Discrimination Ordinance to protect and safeguard the right and opportunity
of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, ethnicity, national
origin, age, sex, gender identity, gender expression, religion, sexual orientation, disability, marital or family status and veteran status.
FAYUTIAVILLtl I support an ADO that ensures every Fayettevillian has equal access to employment, housing and public accommodations.
GIN8I NAPE Wl1WEPNINT)
LEST NAME
9TRET.RADDNE98
CITY
"'a, ZIP
EMT
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ll'] Cl 1I / ) _ I /� 1
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Ll 1WANT TO VOLUNTEER
TO MY
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f IRET RAME WIEASEfNVNq
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of all persons to be free from all forms of discrimination, including discrimination based on real or perceived race, color, elhnicily, national
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CityClerk
From: Michael Myers <michaeljmyers@hotmail.com>
Sent: Wednesday, August 20, 2014 7:11 PM
To: CityClerk
Subject: Thank You
Categories: Printed, Responded, Completed
Dear City Clerk Smith:
Please extend my heartfelt thanks to the Mayor and all on the Council who voted for equality, fairness and justice.
Sent from the iPad of Michael Myers.
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
Mayor's Council
CC: Don Marr, Chief of Staff
Casey Jones, City Prosecutor
FROM: Kit Williams, City Attorney
DATE: September 4, 2014
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
RE: Legal interpretation of Civil Rights Administration Ordinance
The recently passed Civil Rights Administration Ordinance will be
enacted into the Fayetteville Code when it becomes effective about
September 20, 2014. There are provisions and terms within this ordinance
that are not precisely defined or the legal interpretation of which have
raised questions by concerned parties. The Fayetteville City Code charges
the Fayetteville City Attorney with the responsibility to interpret Code
Chapters such as the Civil Rights Administration Chapter.
"10.02 Interpretation
Unless otherwise provided herein, or by law or implication
required, the same rules of construction, definition, and
application shall govern the interpretation of this Code as those
governing the interpretation of state law. Except as noted in the
Unified Development Code, the Fayetteville Code shall be
interpreted by the City Attorney." (emphasis added).
1
The purpose of this memo is to fulfill my duty to interpret terms or
provisions within the Civil Rights Administration Chapter that need
clarification.
The Arkansas Supreme Court has provided clear guidance for the
interpretation of City ordinances. While City ordinances are presumed to
be constitutional and legal, Craft v. City of Fort Smith, 335 Ark. 417, 984
S.W.2d 22, 26 (1998), the Arkansas Supreme Court has repeatedly held
ambiguities in City ordinances shall be interpreted or construed against the
City and in favor of the property owner, business owner, or person who
could be accused of violating the ordinance. Id., Trice v. City of Pine Bluff,
279 Ark. 125, 649 S.W.2d 179, 181 (1983). 1 shall endeavor to follow these
Supreme Court mandated rules of ordinance interpretation in this memo
which shall constitute the City Attorney's official interpretation of this
Civil Rights Administration Code Chapter.
1. "Socioeconomic background"
This term was used, but not defined, in the draft Civil Rights
ordinance from the Human Rights Campaign which was presented to
Alderman Petty who delivered it to my office. I was somewhat unsure
what the Human Rights Campaign officials meant by this term and had
similar concerns to some expressed to the City Council and personally to
me. Alderman Petty provided the Human Rights Campaigns response on
the attached email which says:
"A landlord legitimately needs to know if a potential tenant has
the ability to pay rent. The landlord can use various measures
of judging that, including requesting a credit check or pay stub.
This ordinance does not change that. What this ordinance says
is that you can't use measures that conflate the legitimate
question (does this renter have the ability to pay) with
discriminatory (irrelevant and prejudicial) questions, such as "Is
the renter Caucasian/a woman/a single mom?" Her race,
gender, and marital/familial status are irrelevant to the
legitimate question of "can she pay?" In the same way,
socioeconomic background (note: not status; background
2
implies history) is also irrelevant... Asking the legitimate
question of "can this person pay" and asking for proof of ability
to pay is still allowed under this ordinance.
As you can see in the email, "socioeconomic background" was never
intended to equate to "socioeconomic status" which could entail the
person's current creditworthiness, credit history and credit "score". I
publicly stated this in reply to a question from Marshall Ney prior to the
City Council's vote to pass the ordinance. Therefore, no financial
institution, landlord, business offering credit, or other such business or
person would be in violation of the Civil Rights Administration Chapter
for using a credit check, requesting a pay stab or otherwise asking for
proof of ability to pay and relying upon such economic evidence to
determine whether or not to loan money, extend credit, or agree to rent to
an individual.
What discrimination based upon "socioeconomic background"
would prohibit is discrimination against a person who grew up "on the
wrong side of the tracks" or in public housing even though that person
now has a steady job and a good credit history. What all anti-
discrimination acts should do is require that persons be treated as the
person he or she actually is right now rather than through the lens of some
bias based upon race, religion, ethnic origin, or other disliked
characteristic. Someone might have grown up in a single parent's
apartment filled with late notices, but if that person now has a solid job and
credit history, he or she should not be denied a loan, store credit, or rental
housing based upon their long ago socioeconomic condition (which the
ordinance refers to as "socioeconomic background").
I asked the Human Rights Campaign attorney for any further
guidance they might want to provide me and finally received a 60 page
Memorandum from the Poverty and Race Research . Action Council
entitled: "Keeping the Promise and Preserving and Enhancing Housing
Mobility in the Section 8 Housing Choice Voucher Program." That
document spoke about "source of income". The HRC's own three page
memo entitled "Non -Discrimination on the Basis of 'Socioeconomic
Background' stated:
3
"Without those protections, landlords and those who list
property for sale could discriminate against people who receive
welfare, other public funds, or funds from a court order."
This "source of funds" language is nowhere found in the Civil Rights
Administration ordinance and cannot reasonably be construed to be within
the meaning of "socioeconomic background." Thus, no matter how
laudable such a concept of preventing discrimination based upon "source
of funds" might be, it is not applicable to the Civil Rights Administration
ordinance nor should it be considered by the Civil Rights Administrator or
City Prosecutor in administering or enforcing the Civil Rights
Administration Chapter of the Fayetteville Code.
2. § 119.03 (D) Employment References
An attorney representing business owners was concerned that §
119.03 (D) seemed to require an employer to give a departing employee a
job reference. Attorneys and Human Resource professionals realize that
furnishing a job reference can sometimes be problematic and might have
some liability issues. Some businesses therefore are reluctant to give such a
reference or simply have a policy not to give job references. § 119.03 (D)
does not prohibit such a policy.
(D) must be read in conjunction with the introductory clause of §
119.03 which states that the listed acts are improper if done "for a
discriminatory reason." So if a business or employer has a policy not to
provide job references to avoid potential liability (if someone does not like
the reference they receive or if the new employer claims a good job
reference misled him into hiring an unsatisfactory employee), then the
employer can maintain its "no job reference" policy without violating §
119.03 (D). A job reference may or may not be given as long as that
decision and any job reference given is not done "for a discriminatory
reason."
F1
u
What would not be allowed is for an employer to give most
employees favorable letters of recommendation, but for a discriminatory
reason (dislike of gay or lesbian employee), the employer refused to give
that employee a job reference "that would deprive an individual of
employment opportunities."
The key requirement in § 119.03 Prohibited Acts of Discrimination -
Employment is that for all of these described actions, none would violate
the Civil Rights Administration Chapter unless the action was done "for a
discriminatory reason." If the employer does not act with a discriminatory
intention, there is no violation of the Civil Rights Administration
ordinance.
3. Assisted Living Facilities and Nursing Homes
I believe that Assisted Living Facilities are licensed by the State of
Arkansas and operate pursuant to State regulations. I have consistently
opined that State law is dominant over and controls the administration of
any City ordinance. Under § 119.07 General Exceptions (H), the Civil
Rights Administration's age regulations expressly do not apply if contrary
to any state law or regulation.
I have been informed that comprehensive state regulations are
applicable to the admissions and occupancies of Assisted Living Facilities
and this is probably true for Nursing Homes and other similar facilities. If
so, those facilities would not be in violation of the Civil Rights
Administration Chapter's age regulations for abiding by state regulations
because § 119.07 (H) states those state regulations "are not improper age
discrimination under this chapter." This exception from such age
regulations in Chapter 119 Civil Rights Administration would also apply
to other such state or federally regulated housing or businesses.
4. Sincerely held religious belief
The Civil Rights Administration Chapter has a specific provision to
honor, respect, and protect our Free Exercise of Religion Right.
5
§ 119.07 General Exceptions
"(G) If a party asserts that an otherwise unlawful. practice is
justified as a permissible bona fide religious or denominational
preference, that party shall have the burden of proving that the
discrimination is in fact a necessary result of such a bona fide
condition."
The current context for this issue presented by some would be the
forced attendance at a gay or lesbian wedding by a photographer or
musician who for their sincerely held religious beliefs object to such
marriage. It is very likely that objections to attending or performing at
such wedding ceremony by such person would be excepted or exempted
from the discrimination provisions of the Civil Rights Administration
Chapter. However, I cannot imagine that such a situation would actually
ever occur as I cannot believe that any couple would want a person who
objects to their wedding to sing at or photograph their wedding. Nor
would they wish to support such person's business with their patronage.
Certainly, no minister could be required to officiate at a wedding that
would be contrary to the minister's sincerely held religious beliefs.
Businesses that sometimes serve weddings, but are more detached or
work from a distance like florists or bakers, could also assert their
"discrimination is ... necessary" because of their religion. Again, I doubt if
the couple to be married would choose to use such a business or ever wish
to support such business with their patronage, so this "issue" would
probably never arise. If this. issue did occur, these business who supply but
do not attend or participate in such wedding would not have the strong
case to authorize their discrimination as photographers or musicians.
0
CONCLUSION
I do not presume to usurp a Judge's power and authority to
definitively interpret Chapter 119 Civil Rights Administration. My
interpretation should control how this Fayetteville Code Chapter will be
administered by the Civil Rights Administrator and enforced by the City
Prosecutor. I also will listen and consider concerns and suggestions from
attorneys and others such as the Mayor's Committee to further refine or
clarify these interpretations if necessary or to examine other provisions of
the Civil Rights Administration Ordinance that might need interpretive
clarification to avoid unanticipated consequences. However, the Civil
Rights Administration Chapter passed by the City Council is always
controlling, and no interpretation can change its clear wording. Only the
Fayetteville City Council can amend or change any provision of this
ordinance. My basic Official Opinion interpreting this Code Chapter is as
follows:
1. "Socioeconomic background" means a person's long ago
socioeconomic roots as opposed to current socioeconomic status. Business
may obtain and use credit checks and credit history of applicants for loans,
credit, or housing without violating the Civil Rights Administration
Chapter.
2. Job references for employees are not required nor would any
reference or refusal to provide a reference violate the Civil Rights
Administration Chapter unless done "for a discriminatory reason."
3. Assisted Living and Similar Facilities whose admissions and
housing are regulated by the State will not be violation of potentially
conflicting age discrimination regulations of the Civil Rights
Administration Chapter.
4. Ministers and others intimately associated with a religious ceremony
would be exempted from having to participate in, attend or conduct such
religious ceremony if such ceremony, such as gay wedding, would violate
their sincerely held religious beliefs.
7
KA
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
Casey Jones, City Prosecutor
Mayor's Committee
FROM: Kit Williams, City Attorney
DATE: September 4, 2014
RE: Civil Rights Administrator
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
"The Mayor shall designate the Civil Rights Administrator,
who shall administer this chapter and be responsible for
receiving, investigating and conciliating complaints under this
chapter." § 119.11 Administration and Enforcement (A).
The Administration has investigated how similar Civil Rights
Administration ordinances are administered in other cities similar to
Fayetteville. In each case, the, Administrator has been a lawyer who
probably has at least some Civil Rights experience or training. Therefore,
the Mayor has requested that I consider allowing the designation of one of
the four lawyers in the City Attorney Department (two in the City
Attorney's Office and two in the City Prosecutor's Office) as the Civil
Rights Administrator.
The City Attorney's Office has had the same staff (two attorneys and
one office manager/paralegal) for a quarter century. In the same period of
time our City has almost doubled in size and City Government has grown
in staff size and in the complexity and reach of City ordinances and
regulations. When the City gets sued (we are currently personally
1
defending three active cases), it is sometimes very difficult to keep up with
demands from City staff and the Aldermen for legal research, review of
contracts and documents, drafting sometimes complex new ordinances,
assisting in their implementation, etc.
I have not allowed the City Prosecutor's Office to increase its staff
since I became Fayetteville City Attorney in 2001. Indeed, the City
Prosecutor's head court has gone from two attorneys and eight support
staff down to two attorneys and seven support staff while their case load
has about doubled since 2001. I also placed the additional burden of
prosecuting businesses who were failing to pay their Hotel, Motel and
Restaurant taxes on the City Prosecutors Office. They have now collected
over $800,000.00 in overdue HMR taxes. Instead of placing additional
duties upon the City Prosecutor's Office, I need to relent and eventually
request the City Council authorize an additional employee (to return to ten
employees) for the City Prosecutor's Office.
As Fayetteville City Attorney, I am separately elected by Fayetteville
citizens. My number one duty must be my service to our citizens. I thus
work with rather than for the Fayetteville Mayor. However, I have always
believed that one of my most important goals is to help the Mayors and
City Council's policy decisions be realized and to make our government as
effective and efficient as possible. I always try to say "Yes' to Mayor
Jordan.
The Civil Rights Administrator's job and decisions will almost
certainly be controversial and questioned by one side or the other who
gave conflicting and heartfelt opinions for ten hours to our City Council
before their vote to pass the Civil Rights Administration ordinance.
Despite my heavy workload and reluctance to step into the
whirlwind of controversy, I will agree to Mayor Jordans request to act as
the Civil Rights Administrator for a period of one year. During this year
long period, the City Administration will have sufficient time to select a
city employee and have the future Civil Rights Administrator attend
training to improve his or her mediation skills and gather more knowledge
`a
about Civil Rights including options for a complainant beyond the City's
Civil Rights Administration Chapter.
As Civil Rights Administrator, I view my duties almost exclusively as
listening to a complainant, contacting the accused business or person and
giving them an opportunity to give me their side of the story. After that I
would try to mediate or conciliate some agreeable resolution.
If Mayor Jordan decides to appoint a Citizen Commission to assist
the Civil Rights Administrator, I might ask the complainant and business
in an unclear or difficult case to present their sides of the controversy to the
Commission so that a better resolution could be found. If no resolution is
possible, I will either recommend that the complainant meet with and
provide an affidavit to the City Prosecutor, or I will not recommend a
referral to the City Prosecutor.
As part of the Official City Attorney Department Policy, the City
Prosecutor's Office may not subpoena the City Attorney who has worked
on a dispute as Civil Rights Administrator for the trial of a person or
business involved in the dispute. I cannot limit the right of a defendant to
subpoena whom they please for their defense.
3
CITY OF
011ueviiie
ARKANSAS
Civil Rights Commission
Peer City Analysis
Prepared by the
City of Fayetteville
Sustainability and Resilience Department
125 W. Mountain St.
Fayetteville, AR. 72701
479-575-8268
August 2014
Peer Cities
Sustainability and Resilience staff looked at four college towns of a comparable
size that have adopted Human Rights Ordinances and have created
administrative processes for handling inquiries and complaints. This includes:
Bloomington, In., Columbia, Mo., Ames, Ia., and Iowa City, Ia. These cities are
home respectively to Indiana University, the University of Missouri, Iowa State
University and the University of Iowa. The populations of these cities are similar
to Fayetteville ranging from 61,792 in Ames, IA to 115,276 in Columbia, MO.
Elements in Common
The research indicates that these four cities have common elements regarding
their Human Rights legislation. They also have similar procedural actions for
how they administer the process of receiving inquires, investigating complaints,
determining probable cause, facilitating mediation and conciliation procedures
and prosecution. The elements that these peer cities share in common include:
• They all utilize a Human Rights Commission for hearing registered
complaints and these boards all meet monthly.
• They all typically investigate claims of discrimination in the areas of
housing, employment and public accommodations. Some also investigate
discrimination related to credit, education and ADA complaints.
• They are all internally staffed by City employee(s).
• They all have developed sophisticated procedures for registering,
investigation, mediating and prosecuting complaints.
• They all keep records of the number and type of complaints that are
lodged in a fiscal year. This is typically summarized in an annual report
that states the number and type of inquiries, investigations and
prosecutions undertaken within the last year.
• They all typically cover discriminatory actions related to age, race,
ethnicity, national origin, marital status, sex, religious affiliation, sexual
orientation, gender, familial status, disability and retaliation.
• They all participate in, and many have annual budgets for, public
education and outreach programs.
• Telephone conversations with peer cities HRC staff indicate that staff
ranges from 1 to 4 people administering these programs.
• Telephone conversations also indicate that there can be a significant
amount of time and resources investigating claims that are ultimately
deemed to not have merit.
• Some peer cities partner with the Law Departments at the local university
for interns and conciliation mediators.
• Staff for HRC's are varied and include Assistant City Attorneys, Assistant
City Managers and Human Rights Coordinator/ Equity Director.
However, they all commonly have a background in the Law. This is
confirmed with discussions with staff with the Human Rights Campaign
who said that it is most common, although not exclusive, to have someone
with a legal background as the Staff for a Human Rights Commission.
Bloomington Indiana has their staff partner with a HRC member to do the
investigation and processing of each case. This creates a team process and
the HRC members take turns in partnering in investigations.
Bloomington HRC staff also reviews Affirmative Action Plans for
contractors who are doing work for the City in addition to the other tasks
assigned.
Elements of Fayetteville's Ordinance that are Different from Peer Cities
There are some elements of Fayetteville's ordinance that are =different from some
or all of the peer cities analyzed. This includes:
• Fayetteville's ordinance addresses the areas of employment, housing and
public accommodations and does not address credit, education or ADA
complaints.
• Some peer cities have very strong State Human Rights Ordinances and
Commissions that are utilized for many complaints especially in regard to
housing and employment.
• Fayetteville's ordinance includes protections for "gender expression'
which is not found in any of the four peer cities evaluated. Gender
expression refers to the way in which individuals manifest masculinity or
femininity. It is expressed through appearance, speech, behavior,
movement and other factors for which the individual wishes to be
understood as either masculine or feminine.
• "Socio-economic Background" is not defined in Fayetteville's Ordinance.
An example of how someone could be discriminated against for socio-
economic background would be if a landlord refused to rent to someone
because they felt like the potential renters employment would not be able
to cover the cost of the monthly rent without the landlord going through a
credit check to determine the renters ability to pay: "I am not going to rent
to you because you are dishwasher and you obviously dont make enough
money to afford to live here."
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WHAT IS
DISCRIMINATION?
The City of Fayetteville defines
discrimination as an act, policy or practice
that has the effect of subjecting any person to
differential treatment as a result of that per-
son's real or perceived race, ethnicity, national
origin, age, gender, gender identity, gender
expression, familial status, marital status,
socioeconomic background, religion, sexual
orientation, disability or veteran status.
HOW TO FILE A
COMPLAINT?
- Bring the Complaint Form to the
Civil Rights Office, located in City Hall.
- Mail the complaint form to the
Civil Rights Office.
- Email a complete, signed and dated
Complaint Form to
e
documents o
that,suppor
CIVIL RIGHTS COMMISSION
113 West Mountain St.
Fayetteville, AR 72701
www.accessfayetteville.org
The Fayetteville Civil Rights Commission
designed to protect and safeguard t
opportunity of all persons to from
discrimination based on real ceived race,
ethnicity, national origin, gender gender
identity, gender expression, f al s marital
status, socioe mic back , religion,
sexual orie disabilit veteran
status. The FC a ends t omote the
public health and (fare pers who live or
Oe City ay d t sure that
per within y ha qua] access to
Jpmploy t,housi and public accommodations.
WHO IS PROTECTED?
The Fayetteville Civil Rights Commission
protects the following classes in the
areas of Employment, Housing and
Public Accommodation :
Age
Real or Perceived Race
Disability
Familial Status
Gender Identity
Marital Status
National Origin
Religion
Gender
Sexual Orientation
Gender Expression
Socioeconomic Background
Veteran Status
Authorization Release Form
FayettevilleCivil Rights Commission
City Hall
113 West Mountain St.
Fayetteville, AR 72701
479.521.7700
"Disclaimer Paragraph"
Signature
Date
Please fill in the particulars of your complaint below:
(Be sure to state why you feel you were discriminated against)
I certify under penalty of perjury and pursuant to the laws of the State of Arkansas and the laws of the
United States of America that the preceding charge is true and correct.
X
Signature Date
FAYETTEVILLE CIVIL RIGHTS COMMISSION COMPLAINT FORM
Fayetteville Civil Rights Commission
City of Fayetteville Arkansas
113 West Mountain St.
Fayetteville, AR 72701
(Complaint of Discrimination under Fayetteville Municipal Code Chapter_)
AGENCY USE ONLY
Complaint Number:
❑ Local Agency
❑ State Agency,
❑ EEOC
NOTE: PLEASE TYPE OR PRINT (in ink only)
1. What is your legal name?__
2. What is your address?
Street
City .. ... ......
State _ . ..
_. Zip Code
3. Telephone
4. E-mail
- - - - ..........
5. What is your date of birth?
_. _--------------- ..........
6. Sex
7. Race ...................................... .
8. On what basis do you feel you have
been discriminated against?
(Please check all that apply)
E] Age
❑ Disability
❑ Real or Perceived Race
Familial Status '
❑ Gender Identity
❑ Gender
❑ Gender Expression -
❑ Sexual Orientation
❑ Marital Status
❑ Socioeconomic Background
❑ National Origin
❑ Religion
❑ Veteran Status
9. Please check the areas in which the discrimination occurred :
❑ Employment
n Public Accommodations
❑ Housing
10. What -is the FULLLEGAL-NAMEof the organization that allegedly discriminated against you? --
Organization mailing address :
County ------- ----------------- -. State ---- Zip Code .-_------------ --
Telephone
11. Address where discrimination allegedly occurred
Street
County................. - - ................. State - ..... ........................ -, -------- .... -_.. .-. Zip Code
12. What does that organization do?
13. Check the approzimate number of full and part-time employees at all employer locations (VERY
IMPORTANT) :
00-24 [3 25 49 50;_ 99, x]100+
14. Have you filed this complaint with any other Federal, State, or Local Anti -Discrimination Agency?
0 Yes ❑ No
If yes, what agency? -- - ---- .. -- ............
15
On what date?, ---- -----.---
Please identify the person(s) who allegedly discriminated against you.
Name -: Position/Title --..---...
Name Position / Title .........--
16. What is the last date that something, possibly discriminatory happened to you?
17. What happened on that dati
CITY OF BLOOMINGTON
HUMAN RIGHTS
COMMISSION
The Bloomington Human Rights
Ordinance promotes equal
Opportunity ht employment,
education, housing and access to
public acconnnodations, regardless
of race, sex, religion, color, sexual
orientation, gender identity,
national origin, ancestry or
disability. The ordunance also
prohibits discrimination in housing
on the basis of fati lial status.
City of Bloomington
401 N. Morton Street
PO Box 100
Bloomington IN 47402-0100
(812) 349-3429
human.rights@bloomington.in.gov
www, bloomington.in.gov/legal/hr.ph p
Table of Contents
Topic
Page No.
CityPolicy......................................................................... 1
Commissioners and Staff ........................................................ 2
Chair's Statement............................................................... 3
Director's Statement ......................... ..... I ........................ ..... 5
Comparative Data................................................................ 8
Breakdown of BHRC Complaints ............................................ 9
Summary of 2013 Cases ........................................................ 10
PublicInquiries................................................................ 12
Hate Incidents Report ....................................................... 21
Steps in Processing Complaints ............................................. 24
Essay Quotes......................................................................25
2013 Meeting Dates............................................................ 26
Former Commissioners....................................................... 27
POLICY OF THE CITY OF BLOOMINGTON
It is the public policy of the City of Bloomington to provide all citizens equal opportunity for
education, employment, access to public acconmiodations and acquisition through purchase or rental
of real property including but not limited to housing, and to eliminate segregation or separation based
on race, religion, color, sexual orientation, sex, disability, national origin, gender identity or ancestry,
since such segregation is an impediment to equal opportunity. It is also the public policy of the City
of Bloomington to prohibit discrimination in housing on the basis of familial status. Equal education
and employment opportunities, equal access to and use of public accommodations and equal
opportunity for acquisition of real property are hereby declared to be civil rights.
The practice of denying these rights to persons because of race, religion, color, sex, disability, sexual
orientation, gender identity, national origin, familial status or ancestuy is contrary to the principles of
freedom and equality of the City, and shall be considered as discriminatory practices. The promotion
of equal opportunity without regard to race, religion, color, sexual orientation, sex, disability, gender
identity; national origin, familial status orancestry is the purpose of this Section.
It is also the public policy of the City to protect employers, labor organizations, employment
agencies, property owners, real estate brokers, builders and lending institutions from unfounded
charges of discrimination.
CITY OF BLOOMINGTON HUMAN RIGHTS ORDINANCE
Bloomington Municipal Code §2.21.020, as amended
The Bloomington Human Rights Commission usually meets at 5:30 p.m. on the fourth Monday of
each month, in the McCloskey Conference Room of the Showers Building, 401 N. Morton. Unless
otherwise specified, meetings are open to the public. The 2014 meeting crates are listed on page 26
of this report.
CHAIR
Byron Bangert
NAME
BLOOMINGTON HUMAN RIGHTS COMMISSION
2013 OFFICERS
VICE CHAIR SECRETARY
Carolyn Calloway -Thomas Alexa Lopez 1/13-8/13
Michael Molenda 9/13-12/13
Byron Bangert
Carolyn Calloway -Thomas
Valeri Haughton
Michael Molenda
Alice Tischler
(Resigned 12/13)
Teri Guld
(Resigned in 6/13)
Alexa Lopez
(Resigned in 8/13)
William Morris
Beth Applegate
COMMISSIONERS
TERM
EXPIRES
1/14
1/15
1/14
1/15
1/14
1/14
1/14
2013 STAFF
DIRECTOR/ATTORNEY: Barbara E. McKhmey
2
APPOINTED
BY
Council
Mayor
Council
Mayor
Mayor
Council
Mayor
Mayor
Mayor
SECRETARY: Barbara Toddy
Bloomington Human Rights Commission
Annual Report of the Chair, 2013
The Bloomington Human Rights Commission, established by ordinance enacted by the
Bloomington City Council, exercises jurisdiction within the City of Bloomington only. The
BHRC promotes equal opportunity in employment, housing, education, and access to public
accommodations, regardless of race, sex, religion, color, sexual orientation, gender identity,
national origin, ancestry, or disability. The Bloomington Human Rights Ordinance also prohibits
discrimination in housing on the basis of familial status.
The Commission's Director and members investigate complaints of discrimination filed by
residents of Bloomington, issue findings, and pursue negotiated or imposed settlements in those
instances where violations are found.
The BHRC also works to promote greater community awareness of human rights issues by
engaging in public education and various civic activities, advocacy efforts, and diversity and
multi -cultural events.
The BHRC also collaborates with other City commissions that share overlapping missions,
including the Commission of the Status of Women, the Dr. Martin Luther King, Jr., Birthday
Commission, the Commission of the Status of Black Males and the Council for Community
Accessibility.
The BHRC has long had an interest in the conditions prevailing inside the Monroe County Jail.
We arranged a tour with Sheriff James Kennedy in February, both to acquaint our newer
members with thejail and to gain a better understanding of what currently transpires inside the
walls.
On February 20 we formally presented our 2013 Human Rights Awards to attorney Guy Loftman
in recognition of leis long-standing commitment to civil rights and, in particular, his work in
cooperation with the Monroe County NAACP to address issues of racial discrimination in the
city and county. In April we again fielded a team called the "Rights Stuff' in the annual VITAL
Quiz Bowl fund-raiser for Volunteers in Tutoring Adult Learners. In April we also recognized
the student winners of our arcual Essay & Art Contest with an awards ceremony presided over
by the Mayor at City Hall. Our adopted theme for 2014: "Choosing Civility: The best examples
I've seen for being considerate to others."
We participated in the annual 4°i of July parade with a colorful float bearing the theme, "Red,
Blue, or White: All Have Hunnan Rights." Due to the large crowds, we exhausted our supply of
activity booklets given to children on the route.
We commissioned a piece of artwork depicting former Monroe County Council member Sophia
Travis, who died in 2012, in recognition of her multiple contributions to better life in our
community. The Monroe County Hunnan Rights Commission agreed to share in the cost of the
artwork, which will be created by a Stone Belt Center client, and which will be hung in am
appropriate County building.
Throughout the year, in response to an overture from local citizens involved in assisting the
homeless in our community, we explored the possibility of recommending to the Common
Council the addition of `grousing status" as a protected category to the ordinance defining our
Commission's work. The issue remains open as more input is being sought, especially from
persons representing the homeless and the local business community.
We also explored and continue to work on a plan to address wage theft and related labor abuses
that tend to occur in settings where workers are vulnerable to exploitation due to their legal status
(e.g., as undocumented immigrants) and/or divergent cultural norms and expectations. We
agreed to encourage fair labor practices among Bloomington restaurants by creating a decal for
eating establishments to display on a voluntary basis attesting to their fair practices, as defined in
a Fair Labor Compliance Certification statement we are preparing for distribution.
In October the BHRC unanimously passed a resolution in support of the Bloomington Common
Council's proposed resolution 13-15, opposing House Joint Resolution 6, which calls for
amending the Indiana State Constitution to prohibit same-sex marriage and potentially to deny
rights and protections to all domestic partnerships that might otherwise be regarded as legally
analogous to inarriage. Resolution 13-15 also calls for marriage equality. The BHRC resolution
was read before the Common Council on December 4. The Council unanimously passed its
resolution with evident and enthusiastic support from all persons present at the meeting.
Each quarter the Director prepares, and the Commission reviews and receives, the Quarterly
report of contacts made to the BHRC office and the disposition of actual cases, as well as other
activities of the Director and BHRC. The number of complaints filed, the number of cases
investigated, and the number of hate incidents reported all continue to be at relatively low levels.
Respectfidly submitted,
Byron C. Bangert, Chair
CITY OF BLOOMINGTON-+WMAN-RfGHTS COMMISSION
DIRECTOR'S REPORT 2013
In 2013, as in every year, the BHRC continued its efforts to meet its two
central and related objectives: to investigate complaints in a fair and
timely manner and to undertake a variety of educational activities.
Investigating complaints must remain our top priority, and must be done
as promptly and as thoroughly as possible, At the some time, we believe
that the more educational programs we organize or co-sponsor, the
fewer complaints we likely will have to investigate.
DISCRIMINATION COMPLAINTS: In 2013, we had five new complaints filed
with us. We continued our long-standing practice of having members of
the commission take on the difficult task of investigating these complaints
and deciding if there was probable cause to believe that illegal
discrimination had occurred. The job of the investigating commissioner is
to weigh complicated and conflicting testimony, evaluate sometimes
overwhelming documentary evidence and apply the relevant law. The
commissioners continued to approach this responsibility with the serious
dedication it requires, and our community is the better because of their
work. On average, we closed cases within four months.
Four of our new cases alleged discrimination in employment: two of these
alleged race discrimination and two alleged sex discrimination in
employment. The fifth case alleged discrimination on the basis of disability
in public accommodations.
We resolved six cases in 2013, including three pending from 2012. We
found no probable cause 10 believe discrimination occurred in four of
these cases. One of these was appealed, unsuccessfully. Two of our
cases were settled; two cases filed in late 2013 are still pending.
As is true every year, we receive many complaints about alleged
discrimination that occurred outside of our jurisdiction, or for which we
may have a conflict of interest. In these cases, we often refer the
complainant directly to an agency that has jurisdiction. Time permitting,
we meet with the complainant, prepare a complaint and file it with the
appropriate agency. In 2013, we referred approximately fifteen people
directly to the Equal Employment Opportunity Commission (the federal fair
employment agency) and filed three complaints with that agency. We
referred approximately five people directly to the Indiana Civil Rights
Commission (the state civil rights agency),
AFFIRMATIVE A4CT+©MS-AN-D- /AGE ISSUES: Pursuant to the Bloomington
Human Rights Ordinance, all City bidders with bids of more than $10,000
are required to submit affirmative action plans to the BHRC for approval
before the bid opening. In 2013, 1 reviewed and approved 75 affirmative
action plans.
The BHRC staff is also responsible for making sure that City Contractors pay
their employees the required common or prevailing wages for work done
on covered City projects. Almost all federally -funded projects are
covered by Davis Bacon prevailing wage laws pursuant to federal law; all
City -funded projects that cost more than $250,000 are covered by the
state common wage law. In 2013, 1 attended nine preconstruction or pre-
bid conferences, explaining to potential bidders their responsibilities under
applicable laws, Barbara Toddy monitored compliance with these laws
by answering questions from contractors and employees, reviewing wage
documentation forms and writing letters to employees,
This year was the eighth year that the Bloomington Living Wage
Ordinance (LWO) was in effect, and the BHRC staff was assigned the job
of monitoring compliance with this ordinance. Monitoring compliance
has largely been a matter of answering questions about whether the
ordinance is applicable to a specific situation, obtaining required
documentation from contractors and updating the web site. To date, no
one has filed a formal complaint alleging violations of the LWO.
ACCESSIBILTY ISSUES: I serve as the City's Americans with Disabilities
compliance officer, working to make sure that the City, both as an
employer and as a governmental entity, is meeting or exceeding its
requirements under the ADA. I also try to help keep businesses aware of
their obligations under the ADA, and I try to help resolve complaints from
citizens about businesses not being accessible. Since 2010, I've been
working to keep the special needs dispatch program up to date. This
program helps first responders know when people calling 911 have
disabilities and may need specific services. More than 150 people have
signed up for this program thus far. Keeping the information current
continues to be a time-consuming task, but one we believe is worth the
effort.
I continue to work with several City departments to update the City's ADA
transition plan. We plan to have the updated plan ready for citizen review
and input in early 2014,
-In my role as an assistant City attorney, 1 work with the City's Human
Resources Department to make sure that the City is complying with
6
applic-Able-fair--employment laws. I review our policies and procedures, -- --- "
provide legal assistance with internal grievances and when necessary,
represent the City when formal discrimination complaints or
unemployment claims have been filed.
EDUCATIONAL PROGRAMS: Our monthly newsletter, "Rights Stuff,"
completed its fourteenth full year of publication in 2013. We distribute the
newsletter largely through e-mail, but also leave hard copies at coffee
houses and at the county library. With the newsletter, we try to inform
readers of recent trends in civil rights laws and to let the community know
what we do. We also regularly update and distribute our brochures,
During the 2013 Fourth of July parade, we distributed 2000 copies of our
ever -popular activity book on diversity in Bloomington.
We are always glad to talk to groups or the media about what we do. In
2013, some of these presentations including talking about fair housing to
Renters 101 classes and to the Monroe County Apartment Association,
participating in a webinar about the special needs dispatch registration
and answering questions from reporters, among other activities.
In October, the BHRC unanimously passed a resolution in opposition to the
proposed state constitutional ban on same-sex marriage, joining many
other organizations and businesses that have done the same. We hope
adding our voice to the growing choir will help prevent this harmful
proposal from becoming part of our state's constitution.
The BHRC can't achieve its goals alone, and thus we work with like-
minded groups to sponsor activities that we hope will enhance civility in
our community. Some of these activities in 2013 included co -sponsoring
the 2013 Women's History Month Lunch in March, competing
(unsuccessfully) in the VITAL Quiz Bowl in April, co -sponsoring the Council
for Community Accessibility awards in October, working with Bloomington
United as needed, and making donations to the King Commission, the
Commission on the Status of Black Males and the Monroe County NAACP.
BUDGET: The BHRC's budget in 2013 was $157,227.00. Of that, $149,192.00
went to salaries and benefits. The remaining $8,035.00 paid for office
supplies, law books, instruction, printing, advertising, dues, subscriptions,
consultants and workshops.
. CITY OF BLOOMINGTON HUMAN RIGHTS COMMfSSION —
2007 - 2013 Comparative Data
2007
12008
2009
2010
12011
12012
2013
New complaints within BHRC
5
6
9
5
3
5
5
jurisdiction
4
2
2
3
1
2
4
No probable cause findings
issued
Settlement agreements reached
0
2
1
1
2
1
2
Complaints withdrawn before
0
0
1
2
0
0
0
determination issued
Cases stili pending
0
0
2
1
1
3
2
Complaints drafted and
13
12
9
10
2
4
3
forwarded to EEOC
Complaints drafted and
4
2
1
2
1
1
0
forwarded to ICRC
--
Complaints drafted and
0
0
0
0
0
0
0
forwarded to I -IUD
Complaints transferred to
1
0
2
0
0
0
0
appropriate federal agency after
partial investigation
Complaints dismissed for failure
1
1
2
0
0
0
0
to cooperate
Complaints drafted but never
2
I
0
0
0
2
2
signed
Affirmative action plans
100
55
89
73
72
61
78
reviewed
Preeonstruction/prebid
12
3
5
8
10
12
9
conferences attended
Employer seminars and
8
10
9
13
6
7
4
community speeches
BREAKDOWN OF BHRC-COMPLAINTS
2007-2013
2007
12008
12009
2010
2011
12012
2013
EMPLOYMENT
3
4
7
4
3
4
4
Race discrimination
0
0
3
2
0
0
2
Disability discrimination
0
0
1
2
1
1
0
Sex discrimination (includes
sexual harassment)
0
3
0
0
0
2
2
Sex & disability and/or
retaliation
1
0
0
0
0
0
0
Race & sex
0
0
0
0
0
0
0
Sexual orientation &
disability
1
0
0
0
0
0
0
Race and national origin
0
0
0
0
1
0
0
Religion
0
1
1
0
0
0
0
Disability and/or race
0
0
0
0
0
0
0
Sex/religion/disability/
retaliation
0
0
1
0
0
0
0
Sex/religion/retaliation
0
0
1
0
0
0
0
Sexual orientation
0
0
0
0
0
1
0
Disability and/or national
origin
0
0
0
0
0
0
0
Sex/sexual orientation
and/o• religion
1
0
0
0
0
0
Q
Sex and/or disability
0 1
0
1
0
0
0
0
National origin
0
0
0
0
1
0
0
HOUSING
1
1
1
0
0
0
0
Sex discrimination
0
0
0
0
0
0
0
Disability discrimination
0
0
0
0
0
0
0
Race discrimination
0
0
0
0
0
0
0
Familial Status
discrimination
0
1
1
0
0
0
0
Sexual orientation
0
0
0
0
0
0
0
PUBLIC
ACCOMMODATIONS
0
1
2
1
0
1
1
Race discrimination
0 1
0
0
0
0
1
0
Gender identity
0
0 f
1
0
0
0
0
Sex
0
0
0
0
0
0
0
Sex/race and/or national .
of in
0
0
1
1
0
0
0.
Sexual orientation
0
1
0
0
0
0
0
Disability
0
0
1
0
0
0
1
BLOOMINGTON HUMAN RIGHTS COMMISSION
SUMMARY OR 2013 CASES
BHRC DOCKET 00646: Mau said lils female supervisors repeatedly lured unqualified
women, giving thein better pay, assignments and benefits than lie received. He was
required to repair the damage they caused. He resigned and filed a sex discrimination in
employment complaint. Investigation uncovered perhaps unprofessional behavior on the
part of the supervisors, but no clear pattern of better treatment of female employees
because of their sex. (Complaint filed in July, 2012; no probable cause finding issued in
April, 2013; not appealed; investigated by Conunissioner Bangert.)
BHRC DOCKET #0647: A woman with a disability said she was defiled a promotion
because of her disability. Her supervisor said she should work at a slower -paced store,
even though he had never criticized her work performance or ability to keep up at her
current, busy store. She filed a complaint alleging discrimination in employment on the
basis of her disability. Employer initially said that complainant was not promoted
because of her availability and experience, but that explanation did not withstand
scrutiny. Employer agreed to pay complainant $724.80 in back pay; promote her to a
higher -paying job and coordinate a discussion between complainant and supervisor who
refused to promote tier. (Complaint filed in November, 2012; BHRC approved
settlement in April, 2013; investigated by Commissioner Molenda.)
BHRC DOCKET #0648: Woman said her employer tolerated a hostile work
environment, doing nothing to curtail male employees who frequently discussed sexual
issues at work. She complained, but did not feel that her supervisors were treating tier
complaint seriously. She resigned and filed a complaint of sex discrimination in
employment. Investigation revealed atmosphere at work was not "hostile" as the law
defines the teras; a few unwanted continents, most of which were not directed at
complainant, do not create an illegally hostile work environment. (Complaint filed in
November, 2012; no probable cause fading issued in April, 2013; appealed
unsuccessfully; investigated by Commissioner Calloway -Thomas.)
BHRC DOCKET #0649: Woman with a visual impairment said she was unfairly
accused of theft at a grocery store; she forgot to checkout an iteni on the bottom of her
cart and couldn't easily see it. Security officer required her to sign a document she could
not read because of her impairment and banned her fiom the store. She filed a complaint
alleging disability discrimination in public accommodations. Store agreed to lift ban and
to not charge her a f ne. (Complaint filed in January, 2013; BHRC approved settlement
in February, 2013; investigated by Commissioner Guhl.)
BHRC DOCKET #0650: Woman said she applied for a dishwasher job at a restaurant
but tvas told they ]tire only women as servers and only men as dishwashers. Restaurant
owner admitted saying something along those lines, but claimed site made the comment
only as a way to get the complainant, who site said was being demanding and
10
intimidating, to-leave.—Restaurant-provided evidence that it had hired no one at the time -- — -- the complainant applied for a job or for months afterwards, and that it
had employed female dishwashers in the past. Because the restaurant had not hired
anyone, BHRC could not find it had engaged in sex discrimination in employment.
BHRC made suggestions to both parties on possible ways to reduce chances of similar
incidents in tic future. (Complaint filed in March, 2013; no probable cause finding issued
in June, 2013; not appealed; investigated by Commissioner I-Iaugliton.)
BHRC DOCKET #0651: African American man said he applied for a job at a
restaurant, and that the manager all but promised him ajob. When manager did not
return several phone calls, complainant went to the restaurant to try to talk to him. He
entered through the employee -only door, through the employee-ordy kitchen, and talked
to the restaurant owner, whom he had not yet met. He told the owner that he was there
about a job. The owner told hirn they had no openings, and the complainant said either
"I've noticed you don't hire any minorities" (according to tine complainant) or "I've
noticed you have a problem with minorities" (according to the owner). After further
discussion, owner told the complainant either to get his "ass" out of the restaurant
(according to the owner) or get his "black ass" out of the restaurant (according to the
complainant). Complainant filed a complaint of race discrimination in employment,
Restaurant provided evidence that more than 15% of its employees are African
Americans and that it did not in fact have an opening at the time the complainant applied,
or for a couple of months afterwards. BHRC made suggestions to both parties on
possible ways to reduce chances of similar incidents in the future. (Complaint filed in
June, 2013; no probable cause fording issued in August, 2013; not appealed; investigated
by Commissioner Applegate.)
BHRC DOCICET 90652: African American man said that he had been working for a
business for a couple of years without any reprimands. He applied for a part-time job
with another related business. He was not offered the part-time job, and the day after his
interview he was fn•ed by his primary employer. He believes his termination might be
related to a complaint of race discrimination he filed against a related organization
several years ago, a complaint which was settled by the EEOC and which might have
been uncovered when the second employer checked his references. (Complaint filed in
November, 2013; investigation pending; being investigated by Commissioner Morris.)
BHRC DOCKET #0653: Woman said she worked at a restaurant where the owner and a
co-worker subjected her to sexual harassment and other mistreatment. When she
complained, her hours were reduced and then she was effectively fired. (Complaint filed
in December, 2013; investigation pending; being investigated by Commissioner
Molenda,)
11
-- -- CITY OF -BLOOMINGTON HUMAN RIGHTS COMMISSION - - --
PUBLIC INQUIRIES
The Bloomington Human Rights Commission, by ordinance, has a fairly
limited jurisdiction. We are authorized to investigate complaints of alleged
discrimination on the basis of sex, race, sexual orientation, national origin,
color, gender identity, ancestry, religion or disability in employment, public
accommodations, education or housing, as long as the complaints arose
within the City limits of Bloomington within the past 180 days. We are
authorized to organize educational efforts, such as seminars, talks,
brochures, awards and essaylart contests, to combat discrimination. We
may and we do join forces with like-minded groups to achieve our joint goals.
Fulfilling our mandate under the Bloomington Human Rights Ordinance
keeps us busy.
However, perhaps because of the broad name of our commission, we often
receive calls about matters that are not within our jurisdiction. We try to be
familiar with the applicable laws and community resources, and we try to
give callers an appropriate referral or other helpful advice. Again this year,
we received many inquiries which did not lead to complaints being filed with
our office. Some people sought general legal information; some needed to
be referred to other agencies; some seemed to need only a sounding board.
What follows is a categorical breakdown and a summary of some inquiries
for the purpose of illustration.
CATEGORICAL BREAKDOWN
Sexual Orientation/Gender identity: Callers often had questions or
concerns about sexual orientation and/or gender identity discrimination.
These callers included students wanting the definition of "sexual orientation"
or "gender identity" and gays, lesbians, transgender individuals and
employers wanting to know their rights and responsibilities under our
ordinance. Again this year, we had several calls from communities from
around the country considering implementing their own sexual orientation
and/or gender identity ordinance, and were glad to provide assistance in this
area.
Americans with Disabilities Act: We receive many calls about the
Americans with Disabilities Act. Most of the calls are from employers or
employees wanting to know their rights and responsibilities under this federal
law or from contractors wanting information on ADA regulations. The BHRC
director, as the ADA compliance officer for the City, is quite familiar with the
ADA and is able to give informed general advice and to make referrals when
necessary. The City's Accessible Bloomington web page helps answer
questions as well.
Fr,
Housing Code Violations/Landlord Tenant Disputes: Many callers
mistakenly believe we have jurisdiction over housing code problems or
landlord/tenant disputes that don't involve discrimination. We refer such
calls to the City's housing code enforcement office and/or to a private
attorney.
Wage Disputes: Employees who cannot obtain their last paycheck or
pension benefits often call us. These cases do not usually have a
discrimination element and are referred to the State Labor Board.
FMLA: People often call us to learn about their rights under the federal
Family and Medical Leave Act. We answer general questions when we are
able and refer callers to the Federal Wage and Hour Division of the
Department of Labor for additional information.
Workers' Compensation: We received many calls about workers'
compensation in 2013. Our staff lacks expertise in this area and refers all
such calls to private attorneys and the State Labor Board.
Unemployment benefits: People fighting for unemployment benefits often
call us, wanting us to represent them in an upcoming unemployment hearing.
This is not a BHRC issue and so we make referrals.
Other: Many of our calls do not fall under any of the categories. Some of
those calls are described below.
OTHER INQUIRIES
Caller said that she worked for an employer not subject to BHRC's jurisdiction. A
male co-worker inappropriately touched her; she reported that and the employer
took appropriate action. Later, she learned that the man had been questioned
about a felony offense decades ago and thus she felt he might not be safe. Then
she thought someone might have tampered with her food at work. She did not
think her employer or law enforcement had handled the situation appropriately.
Not a discrimination matter — employer handled the initial complaint
appropriately. Referred to ACLU of Indiana and to employer's HR department.
Caller said her son works in Southern Indiana as an electrician. He is not getting
the same hours as his co-workers and is getting paid less because of his criminal
history, because they know they have him over a barrel. Criminal history not a
legally protected category. He is the oldest employee; suggested he talk to the
EEOC to see if the employer's actions might constitute age discrimination. Also
referred to SBA to see if he could get a loan to start his own company, to Indiana
Department of Labor to see if the pay violates their standards and to private
attorney.
13
Caller said he had filed a discrimination complaint with his union, not in Monroe
County, and wanted to know if he had to wait until the union made a decision
before he filed a complaint with the EEOC. Not necessarily, but usually good to
give the internal process a chance before filing formal complaints with an outside
agency unless you are up against the deadline to file a complaint.
Caller wanted names of certified contractors to improve accessibility in her home.
Told her we don't know of any certification process, but suggested she call
agencies that provide services to people with disabilities for their
recommendations.
Caller said she had been a live-in housekeeper and caregiver for an elderly man
for years. His son recently reported her to adult protective services and she's
been ordered out of the home. She wanted to know her rights. She had no
contract and was employed by the elderly man, not by an agency. Not covered
by the Bloomington Human Rights Ordinance; referred to Indiana Legal Services.
Caller, a biracial man with a disability, said he felt disrespected when he went to
a social service agency for help. He believed the person he met with was rude
and unhelpful, but had no evidence that the treatment was based on his race
and/or disability. Agency primarily works with people with disabilities. Decided to
try to pursue issue internally before doing anything else.
Caller said that her brother had been diagnosed with a mental illness. He had
trouble getting the help he needed and getting the appropriate medications. One
facility gave him a shot of a medication that had not been prescribed and that
made him worse. He ended up committing a criminal act while under delusions
that may have been made worse by the wrong medication. He has a public
defender. Not an issue that the BHRC can help with; referred to Indiana Medical
Licensing Board and agencies that support people with mental illness.
Letter writer, who had requested and received information about the BHRC to
share with his fellow activists, thanked the BHRC for the information and said he
had been told repeatedly he was going to hell for his work on civil rights for gays
and lesbians in his Indiana town. He said he told them that since he was living in
this Indiana town, he was already in hell.
E-mail writer asked how the human rights ordinance could be amended to protect
people who are homeless from discrimination. Offered to meet with her and her
colleagues to discuss pros and cons of the proposal.
E-mail writer, director of a nonprofit agency, said she knew she could not refuse
to hire someone because he smokes, but asked if she has to allow the smoker to
smoke on the employer's premises. No, state law does not require employers to
allow employees to smoke on the premises, but does prohibit refusing to hire
someone because he smokes on his own time.
14
E-mail writer said he was being -treated -unfairly by a company that rebuilds
engines in Bloomington. He said his rebuilt engine was supposed to have a six-
year warranty but after three years, the company is saying they have a new
owner and thus the warranty is no longer valid. Explained that this was not an
issue covered by the Bloomington Human Rights Ordinance and even if it were,
he is in Bloomington, CA, not Bloomington, IN. Referred to private attorney
and/or consumer division of state's attorney general office.
Caller said that her son worked at a restaurant for about two weeks. They did not
et him up to clock in, so he recorded his hours on a piece of paper. They are
refusing to pay him for all of the hours that he recorded and thus are underpaying
him by about $100. No evidence of race, sex, etc., discrimination. Referred to
Wage and Hour Division of State Labor Board.
Caller said that President Obama's support of gay rights violated his
constitutional rights. Tried to refer him to ACLU of Indiana, the agency that can
do more to vindicate constitutional violations than the BHRC, but he hung up.
Caller, who works for a county office outside Monroe County, said she had
received a packet of documents with McKinney's return address on the envelope
We determined that the sender was a Bloomington man who repeatedly sends
out packets of documents using someone else's return address.
Caller said she had been charged with DWI after she failed to be able to walk a
straight line, but blamed this on her disability. She has a public defender;
explained he has to make her case to the judge.
Caller said he needed to know the status of his EEOC complaint. Told him he
needed to call the EEOC, as his complaint was not filed with the BHRC. He said
they never returned his calls, so that's why he called the BHRC. Referred him
back to EEOC.
Caller, owner of a locksmith company in Ft. Wayne, said one of his bigger
customers wanted to know what his non-discrimination policy was. His company
is small and he had no such policy. Sent him a copy of BHRC's model affirmative
action plan to adapt for his company.
Caller said he had filed a discrimination complaint with the EEOC. They found no
cause, but issued hire the standard right to sue letter. He can't find an attorney.
Tried to make referrals. He said a director of another HRC had told him we would
represent him and tried to insist that we do so.
E-mail writer said she lives in New Zealand and has a friend in Bloomington who
is currently living on the streets because of abuse at home. She said her friend
can't stay at a shelter for abused women because it's full, but said her friend
does take showers there. (Shelter said it doesn't allow people who are not
15
residents to take -showers there, and gives referrals to people if they are full.) - - ---- - ---
Referred her to township trustee and Shalom.
Letter writer sent copies of bank information and deposit slips from a Hawaii bank
and a handwritten note saying that he had been mistreated by judges in
Lawrence County. Did not provide his name, address or specifics, so BHRC took
no action.
Visitor to office said that his friend had been harassed by law enforcement for
being a woman. Complaint was vague and hard to follow. BHRC has no
jurisdiction over law enforcement. Referred to chief of police, board of public
safety and/or ACLU of Indiana.
Visitor to office had concerns about people who have been evicted twice
essentially becoming "non -persons," as no one will rent to them. If they share
space with someone without the landlord knowing, the legal tenant can raise the
rent without notice. Discussed in general.
E-mail writer asked for information about minority groups in Senate District 50 for
her DFL (Democratic Farmer Labor) Party group. Asked her if she was looking
for the Bloomington, MN, HRC, as DFL is a Minnesota political party. Yes.
E-mail writer asked if ADA requires that outdoor benches have backs and/or arm
rests. No ADA standards for outdoor benches except for height, but
recommended that facility have some benches with backs and/or sides as they
benefit some people with disabilities.
Caller asked if it is illegal for outdoor benches to have arm rests in the middle
because that discourages sleeping on the benches. Not to our knowledge.
Caller said that she owns a small store. A woman brought in a dog that she said
was a service dog, but the dog was not under the woman's control and caused
some problems. She asked what her rights and responsibilities were under the
ADA in dealing with service dogs. Sent her the DOJ handout on the topic.
Caller said she has a disability and has been told her landlord won't renew her
lease because of neighbors' complaints about the smell of her pets. She has five
cats and a dog. The dog is a service dog; she said the cats are all "emotional
support" animals. Explained that courts would probably not find that someone
needs five emotional support animals, and might say that the service dog could
be both a service animal and an emotional support animal. She is going to try to
work out the issues with the landlord and get back to us if she can't, as the lease
doesn't expire for about seven months.
Visitor to office said that she had been laid off from her job of 13 years, without
an explanation. She said the company has since hired others. She asked if that
16
was.legal_ Her form from the employer said both that she had been laid offand—
terminated. She said the employer used to like her but doesn't anymore, and that
is why she was laid off. Not illegal to do what employer did, and no evidence of
violation of human rights ordinance. Referred to unemployment office.
E-mail writer, a woman for whom we had prepared a complaint in 2012 but who
had never signed or filed it, sent a long draft letter to the editor that she wanted
McKinney to review and to provide back up evidence for her claims. Told her
HT's rules for letter to the editor and guest columns; made referrals.
Visitor to office said he had been hired by a contractor to do work in a restaurant
in Bloomington and also in Illinois. He did the work as instructed, but the
contractor is refusing to pay him, claiming it was not done properly. No evidence
of race, sex, religion, etc., discrimination. Referred to Indiana Legal Services.
Wage and Hour Division of Indiana Department of Labor, owner of building that
houses the restaurant and small claims court.
Caller left a message saying that her three-year old is now potty -trained and so
she needed to be moved up on the waiting list for child care. She said that it was
urgent that she work out child care as soon as possible. Returned call and told
her she had a wrong number; she became very upset when we could not give
her the right number.
Caller said she had worked for a governmental office outside of Monroe County.
She did not believe her office complied with its own personnel policies, and she
believed that her office discriminated against her on the basis of her sex. She
said she called the EEOC to find out how she should handle the situation, and
the EEOC told her to write a formal grievance to her supervisor. When she did
so, the HR department said she needed to undergo a psych evaluation before
she would be allowed to return to work. She said she did nothing to make them
doubt her sanity. She said she asked why she needed an evaluation and was
told because the boss said so. Told her that typically, employers cannot require a
medical exam without good reason, and referred her back to the EEOC and/or a
private attorney for further guidance.
Caller said that he worked for a business that has offices in Bloomington and
throughout the state. He said he believed the business was discriminating
against him on the basis of his race and/or national origin. He worked for the
business in Evansville and Terre Haute and had no connection to Bloomington;
told him he needs to file a complaint with the human rights commission in one of
those cities.
E-mail writer said that he does training for the U.S. Department of Homeland
Security. He said he wants to put together a webinar on how to create a special
needs dispatch registry and asked if McKinney would talk to him for an hour to
17
_-------explain what is necessary to create, manage and use a special needsregistry,
Answered his questions and participated in webinar.
E-mail writer said he was a musician from South America who has been
accepted into the IU School of Music, but he cannot afford to attend. Asked for
BHRC grant or scholarship. Explained that we have no such program and wished
him well.
Caller wanted to know what she needed to do to get a Ten Commandments
monument erected on the courthouse lawn. Referred to Monroe County officials.
Caller, an African American man, said he had a new job in a fast food restaurant.
He was scheduled for 22 hours the first week, but they kept sending him home
early because they were not busy. He overheard a dispute between a manager
and an assistant manager about their work duties that he did not think he should
have heard. He wanted to file a complaint of race discrimination in employment.
Explained that unless he had some reason to believe that they were not giving
him hours because of his race, he likely did not have a case. Explained that his
overhearing something he didn't think he should have is likely not evidence of
race discrimination.
Caller said that he had worked for employer not subject to BHRC's jurisdiction for
more than 20 years. He is now being told to either resign or lose his job subject
to a reduction in force (RIF). No evidence of race, sex, etc., discrimination.
Explained hire -at -will laws and made referrals.
Caller said her employer was requesting a lot of personal medical information
from her. Explained the law; she will call back if need be.
Law student wanted to apply for internship for the fall; when told we didn't have
any openings, asked where else he should apply. Suggested he talk to
placement office at law school.
Caller said she applied for a job. She noted on her application that she had a
misdemeanor conviction. They started a criminal background check on her but
before they got the results, hired her. She quit her previous job and went through
two days of paid training with the new employer. Then the employer received the
results of her criminal background check and fired her. Not a violation of the
human rights ordinance. Referred to private attorney to see if she had a breach
of contract case since she relied on their promise of employment and quit her
previous job.
Visitor to office believed that pending criminal charges against her were
unfounded, that her public defender was not qualified and that she, as a person
with a disability, should not have to fulfill restitution requirements. Explained that
none of this was within the BHRC's jurisdiction and made referrals.
WR
Caller left a message at 3 a.m. on a Sunday -+Horn- ing saying that stop signs were
a violation of his human rights. Did not return the call.
E-mail writer asked BHRC to join the Beyond Belief Walk for Peace, scheduled
for November at the Mall of America. Responded by asking if writer was looking
for the Bloomington, MN HRC, as the Mall of America is located in Bloomington,
MN. Confirmed.
Caller said that she keeps calling the Equal Employment Opportunity
Commission about her case, but no one answers the phone. So she wanted us
to let her know the status of her complaint. Explained we don't have access to
EEOC files and discussed the impact of budget shutdown; gave her the phone
number of her member of Congress to complain.
Caller said that he had been hurt on the job. Employer is refusing to pay for
cosmetic surgery needed after the injury and fired him. Referred to private
attorney who handles workers' comp issues and to state workers' comp board,
as well as to workforce development to apply for unemployment benefits. Caller
was irate that "City does not care about injured workers." Tried to explain BHRC
has no role in this kind of case.
Caller said that he thought it was wrong that a local newspaper included the race
of individuals involved in a hiring controversy at a public institution. Explained this
was not within our jurisdiction and that newspaper has first amendment rights;
referred to editor of paper, with whom he had already spoken.
E-mail writer asked if he had to provide sign language interpreter at public even
as requested; yes, if it's not an undue burden to do so.
E-mail writer asked if apartment complex could tell her children they could not
play on the complex property, even if they didn't have a no trespassing sign. Not
a human rights issue, but told her our understanding is that they can put up a
sign or tell you verbally that they don't want you on their property.
Caller said that his girlfriend had years of experience working for a restaurant
chain in the south. Since moving to Bloomington, she has applied for several jobs
with the same chain, but so far has not received a job offer. He believes she is
being denied a job because of her race. Asked to speak to her about the
situation; he said she didn't know he was calling BHRC and probably wouldn't
want to talk to us. Suggested she call BHRC if she changes her mind.
Caller, from Northern Indiana, said her long-time employer had fired her and
replaced her with his mother. Asked if that was legal; likely yes. Referred to
private attorney and to unemployment office. She said she already had filed for
unemployment benefits, which referred her to the BHRC for reasons unknown.
Im
E-mail writer said she-wa&being-threatened with eviction because her apartment
was dirty and had bed bugs. She called this "elder abuse." She denied that it was
dirty and said bed bugs are harmless and God's creatures. Explained that age
discrimination is not a protected class under fair housing laws; referred to Indiana
Legal Services; explained that landlord would have to take her to court and prove
his case to evict her. She responded weeks later that she was actually
complaining about discrimination on the basis of ethnicity, that McKinney quoted
federal law for no reason and that she would take her complaint elsewhere so
that McKinney could spend her taxpayer -funded time continuing.to socialize
instead of working. Gave her contact information for ICRC and HUD.
Caller said that landlord is taking months to process her application, apparently
because landlord does not like caller. Discussed situation in general; not a BHRC
issue.
E-mail writer had questions about why she had to make parking lot and entrance
at her place of public accommodations accessible if most of interior cannot be
made accessible; explained ADA requirements and tax credits.
20
--BLOOMINGTON HUMAN RIGHTS COMMISSION - -
HATE INCIDENTS REPORT
July, 2012 — June, 2013
In August 1990, the Bloomington Conunon Council unanimously approved an
amendment to the Bloomington Human Rights Ordinance which gave tine Bloomington
Human Rights Commission the explicit authority to collect data and issue reports on hate
incidents in our community. We accept reports from police departments, individuals,
groups and the media. We also accept anonymous reports. Our goal is not to investigate
these incidents, as we do not have the training, authority or resources to conduct these
types of investigations. Rather, our goals are to serve as a referral resource and sounding
board for victims, to work with connrnunity groups to coordinate responses to hate
incidents when appropriate and to make our community more aware of the prevalence of
hate incidents through issuing these annual reports. Some of the language in these reports
may be offensive. We feel it's necessary to include the actual language in order to convey
the true ugliness of these incidents.
In July, 2012, we received a report from BPD about a battery and attempted robbery.
Two men and a woman reported that they had been home watching a movie on television
when two men came into the apartment and yelled, "Give me your money, faggot." The
men hit one of the male residents in the head, causing him to bleed. Then the two
invaders fled the apartment. The male resident told police he did not know who the two
men were. He reported that three weeks earlier, he had come home to find the words
"Puck you fag" written at the top of his door. BPD investigated.
hn August, 20I2, we received a report from BPD about vandalism. A man reported that
someone had keyed the words "I rape kids" and "fag," as well as the letter "X" on his car.
BPD investigated.
In August, 2012, we received a report from BPD about a battery. Several juvenile
females got into a fight. One girl called another girl "a bitch and a nigger." One girl had
a scratch on her cheek but did not want to press changes. BPD told all of the girls to stay
away from each other.
In September, 2012, we received a report from BPD about a battery. A white woman
reported that she had told a visitor at her apartment that site was engaged to a white man,
who was in Iter apartment, and that she was also having a relationship with a black man.
The white male visitor became very irate at the news. He said he was a white supremacist
and said several racial slurs. He also yelled at her about being unfaithfid to tier fiance.
She shouted in his face about his intolerance and he shoved her and spat on her. He told
her that white supremacists were coming to town and they would harm her and tier
African American friend. BPD sought an arrest warrant for the white male visitor and
explained protection and no contact orders to the victim.
In September, 2012, we received a report from BPD about a battery involving juveniles at
a school. One student called another "gay" and said lie was going to beat the student up.
21
- The student who was called gay said he would not fight back. The first student hit him-
several tines until the second student did fight back, at which point the first student
slammed the second student's head against the wall. The first student was arrested.
In September, 2012, we received a report from BPD about a battery. A child with autism
called older neighborhood kids "white trash" and "black trash." One of the older kids
responded by hutting the child with autism with a belt, causing a welt. He said he didn't
mean to hit the younger kid. Rather, he was just swinging his belt, trying to scare hum.
BPD investigated.
In October, 2012, we received a report form BPD about vandalism. A woman reported
that someone had keyed the word "fag" on the trunk of her car. BPD investigated.
In October, 2012, we received a report from BPD about a battery. A woman reported she
had an argument with a white male friend after he called her boyfriend a "nigger," When
he said that, she yelled at him, and he hit her in the mouth. She tried to hit him back, but
he ducked and locked himself in his bedroom. The man claimed she had hit him as well,
but he did not recall on which side of his face he had been hit and had no injury. Both of
the participants had been drinking. Neither wanted to press charges against the other.
In November, 2012, we received a report from BPD about vandalism. A mail reported
someone had painted "I gay" oil the side of his house. BPD investigated.
In November, 2012, we received a report from BPD about vandalism. Someone spray
painted the words "gay" on the side of.a woman's house. BPD investigated, noting the
similarity between this and the previous incident.
In April, 2013, we received a report from BPD about harassment. A restaurant employee
said that a semi-regular customer had been in the restaurant earlier and had used foul
language. Previously, the customer had called all employee a "fag." On this date, the
customer was using foul language in general and had become upset. The employee asked
the customer to leave, which led to the customer yelling, telling the employee to "go
fuck" himself and threatening to "shoot the place tip." The employee said that on
previous visits, the customer had made racist comments to customers and other
homophobic conmrents to employees. By the time the police arrived, the customer had
left and the police could not find him. BPD told the employee to let the police know if the
customer
returns, so that BPD may advise the customer about trespass and felony intimidation.
In May, 2013, we received a report from BPD about a battery. An African American
woman was trying to help a white male friend who had been in a fight. She was cleaning
his wounds when his girlfriend came. The girlfriend told her to stop cleaning his wounds
because she wanted to walk (lie man home. The African American woman said she
wanted to finish what she was doing. The white woman said, depending on which witness
you believe, "Let's not get ghetto here," "ghetto nigger," "ghetto nigger bitch" or "dirty
nigger." She also, by one account, spat in the African American womarn's face. The
22
African American woman chased the white woman out of 4he apartment and repeatedly
lit and kicked her, in view of a police officer. The police arrested the African American
woman.
In May, 2013, we received a report from BPD about a possibly pre -arranged fight
between some juveniles, apparently provoked by one boy calling another a "nigger" and
being called a "pussy" in return. BPD investigated.
In May, 2013, Ave received a report from BPD about an incident. A man said that he met
someone who gave him a ride home. They were talking outside of his home when they
were approached by another man, Both the man who approached them and the visitor
then hit him and stole some pills and cash from him. He reported the incident to the
police. When lie later followed up by sending a text message to the mail who had given
him a ride home, that man replied, " IDK (I don't know) what zip XQ means, but if you
try to get at the police nigga they won't like that. You were trying to sell me ur (your)
pills U (you) stupid nigger." The victim admitted to the police at that time that he had
sold some pills to the man who gave lira a ride home and that they stole back some of the
cash he had received for the pills. BPD investigated.
In June, 2013, we received a report from BPD about a battery. Witnesses reported that
two African American men kept hitting on some women in a bar. A male friend of the
women told the African American men to leave the women alone, and one of the African
American men hit the male friend, knocking out two teeth. The police arrested the
African American man after a chase by vehicle and foot. The African American man
initially claimed his friend had thrown the punch, but later admitted it was him. He said
the male friend had called him "nigger." He said he ran from the police because lie was
oil probation.
23
BLOOMINGTON-I3.IJA4AN-RIGHTS COMMISSION
STEPS IN PROCESSING A FORMAL COMPLAINT
1. Complainant who believes he/she has been discriminated against makes on
appointment with the staff.
2. The director or assistant interviews the complainant to determine if the BHRC has
jurisdiction. If we do, the complaint is written, signed and notarized, If not, the
complainant is referred to the appropriate agency.
3. The respondent is notified of the complaint by certified mail and has 20 days to
respond
4. The case is assigned to a commissioner, who will investigate the complaint along
with the director.
5. The director and investigating commissioner collect and summarize the facts.
They interview both parties and witnesses, do legal research and collect
documentation to obtain the best evidence available for each side,
6. If the respondent wishes to settle the complaint before an investigation is completed,
the director and investigating commissioner strive to mediate a settlement between
the complainant and respondent. This agreement most then be approved by the fill
BHRC.
7. If the case is not settled, the director and investigating commissioner, after a
complete investigation, make a determination that probable cause or no probable
cause exists to believe discrimination has occurred.
8. Both parties are notified of the finding.
9. If the finding was no probable cause, the complainant has 10 (lays in which to file a
written appeal with the chair of the BHRC. A hewing is then field and the chair has
20 days to either uphold the feuding or overturn the finding. If the finding is
overturned, then the ease proceeds to negotiations as if probable cause bad been
found originally.
10. If the funding is probable cause, the director and investigating commissioner
attempt to negotiate a settlement that is agreeable to both parties. If the attempt
is unsuccessful, the BHRC will hold a formal public hearing. The BHRC's
decision after the hearing call be appealed to court by either party.
24
Each year the BHRC sponsors an essay/art contest for local school-age children. This
year the theme was "What I've Learned From People Different From Me." The following
are excerpts from some of this year's whining essays.
♦ "It is important not to just pay attention to the way someone looks, but the way they
are in the inside."
♦ "I believe everybody of every race should have equal rights, and worship in any
religion they choose."
o "I have learned in my twelve years of life that I live a charmed life compared to some
people, but to others I may appear to have nothing. Everyone should be thankful
since there is always someone who has less."
4 "I've learned a lot about diversity in my life from my family, friends and even some
quotes. My favorite quote was: `I don't like that man, I've got to get to know him
better.' — Abraham Lincoln. Whenever I get mad at somebody for something they
can't help, I think about that quote. It has helped me be a better and more peaceful
person."
2013 Essay Winners
Ada Lynch Mari Walter -Bailey
Anabelle Thomassen Sydnie Lynn Cunningham
Andrew Swank Allison VanLeeuwen
2013 Art Winners
Quinn Wilson Diego Smith
Salem Akh as Noah Moore
Simon Moore Caitlyn Betar
Tyler Shay
25
---- 20 -14 -BLOOMINGTON HUMAN RIGHTS COMMISSION
MEETING DATES
7anyary 27, 2014 ..? 5,0 pin > ..:. McCloSkeY Rno�ri
February 24, 2014 5:30 p.m. McCloskey Room
April 28, 2014 5:30 p.m. McCloskey Room
June 23, 2014
5:30 p.m.
McCloskey Room
,1tdy 2$ 2014 ..- � �
,. McClosl�ey�2ooin ,
August 25, 2014
5:30 p.m.
McCloskey Room
October 27, 2014
5:30 p.m.
McCloskey Room
W- IN p ins^tet _ M4Closlcey Room; _`
December 22, 2014
5:30 p.m.
McCloskey Room
The Human Rights Commission usually meets every fourth Monday of the month, with
the exception of the May meeting.
Meetings will be held in the Showers Building, 401 N. Morton St, McCloskey
Conference Room #135, on the first floor. The public is welcome to attend.
26
Rev. E. Daniel Butler
Mrs. David Danker
Jack N. Ray
Dr. Harry Yamaguchi
William H. Andrews
Rev. Robert Kirk, Sr.
Rev. A. Hardy Nall, Jr
FORMER COMMISSIONERS —
1960s
David S. McCrea
Bill Hayes
Dustin McDonald
Dr. Harry Day
Betty Rowan
Samuel M. Loescher
Robert F. Terry
E.E. Bridgewaters
Regina Friedman
Rev. Joe Emerson
Irving Fell
Brad Bayliss
Mrs. Russell DeMotte
Craig Tregilgas
1970s
Frank Thomas
Howard Canada
Jorge Oclander
Clarence Gilliam
Christine Iarmucilli
Mary Foster
Dr. Joseph Russell
Daniel Gad
Tula Kavadias
Dr. Jerry Ruff
Valerie Tarzian
Mark Schenk
La Verta Terry
Robert Tucker
Charles Webster
Father Robert Borchertmeyer
Frederick LaCava
Quincy Erickson
Joan Sinikowitz
Christine Mitchell
Mary Hayes
William Jairrels
William Gephart
Rev. Joseph Walker
Wilanna Smith
Mary Mitchell
Richard Randall
John 111411e
Ronald Foley
Rev. William Webster
Tobiatha Eagleson
Fran Koski
David Jimenez
Viola Taliaferro
Robert Epps
Robert Cole
1980s
Robert Cole
Bob Tucker
Roscoe Ellis
John Pickel
Ben Waxler
Bob Dunn
Quincy Erickson
Frona Powell
Edwin McClean
Tobiatha Eagleson
Nora Peoples
Rev. Charles Rogers
Ron Foley
Lorraine Rodts
Mary Ellis
George Foster
Lorelei Meeker
Wanda Reisz
Tula Kavadias
Bridget McKinney
Lauren Rebel
Christine Mitchell
Chris Gardner
Cassandra McConn
Jorge Oclander
Jerry Vuke
John Pickell
Doris Sims
Wilamna Smith
27
1990s
Harry Yamaguchi
Marie Plsillips
Mary Ellis
Charlie Laganza
George Foster
Barbara Fawcett
Henry Hofstetter
Bob Dunn
Steve Sanders
Lauren Robel
Dr. Michael Wenzler
Rev. Greg Wilson
Alan Yip
Barbara Wolf
Doug Bauder
2000s
Dr. Fritz Lieber
David Reidy
Steve Sanders
Josh Cazares
Vicki Pappas
Doug Bauder
Parra Huggins
Nancy Metz
Jeff Harlig
Maria del Pilar File -Muriel
Luis Fuentes-Rohwer
Dorothy Granger
2010s
Luis Fuentes-Rohwer Beth Kxeitl
Amy Jackson Dorothy Granger
Teri Guhl Alice Tischler
28
Patty Muller
Doug Bauder
Dr. Fritz Lieber
Gwen Jones
Rev. Michael Anderson
Jack Hopkins
David Reidy
Steve Sanders
Rev. Michael Anderson
Melanie Castillo-Cullather
Suzette Sims
Shaunica Pridgen
Emily Bowman
Beth Kreitl
Emily Bowman
Alexa Lopez
PREVENTION THROUGH EDUCATION
The Bloomington Human Rights Commission is
dedicated to eliminating discriminatory practices
before they happen. The people we wish to reach
include landlords and tenants, employers and
employees, owners and patrons of public
accommodations, real estate agents, bankers and
home buyers, teachers and students. The
Commission sponsors educational forums and
Publishes pamphlets: Commissioners and staff
members are available to speak at meetings or to
individuals at no charge.
The Bloomington Human Rights commission
enforces the Bloomington Human Rights
Ordinance. The Commission consists of seven
citizen -representatives of our community. Four of
the members are appointed by the mayor and
three by the common council. Commission
members hold public meetings once a month.
The, Human Rights Commission has three primary
responsibilities:
preventing discrimination through
education;
. investigating complaints; and
. devising solutions.
s
s
Commission ,n
The Bloomington Human Rights Ordinance
promotes equal opportunity in
employment, education, , housing and
access to public accommodations,
regardless of race, sex, religion, color,
sexual orientation, national origin, ancestry
or disability. The ordinance also prohibits
familial status discrimination in housing.
Every person who lives or works in
Bloomington is entitled to certain rights,
and has certain responsibilities, pursuant to
the Human Rights Ordinance.
The Bloomington
Human Rights prdrnance
PROCESSINGGOMPLAINTS
Public Hearing: If we find probable cause, and if
the parties cannot agree on a settlement through
conciliation, the BHRC will hold a public hearing
to decide your case. This is relatively rare. After
hearing all the evidence, the BHRC will issue an
order in your case that is binding on the parties.
F' !tiers of fh BHRC can be reviewed by a
Filing a Complaint and Investigation: If you
na or e
court. If such a review is requested, however, the
believe that you have been discriminated against,
court will not hold a trial. It simply will review the
you may file a complaint with the Bloomington
record of the public hearing before the BHRC and
Human Rights Commission. The complaint is a
consider legal arguments.
sworn, written statement that explains the basis
of yoisr belief, in understandable language. It
should be taken seriously, for it charts the scope
of the investigation. The BHRC will collect and
DEVISING SOLUTIONS
summarize the facts and law related to your
complaint. The BHRC must collect the best
evidence available for each side, You may be
If the BHRC finds for the complainant, it may
asked to supply documents or other information
issue an order requiring changes to be made that
that smpports your complaint. Most investigations'
will help eliminate discrimination in the future
are completed within four months.
and that will help make the complainant whole.
Your lawyer is welcome to participate in the
These changes could include reinstatement to a
investigation, but you do not have to hire an
job, reimbursement for lost wages, making a
attorney. Few complainants do. Often,
house or apartment available, changes in policies
complaints are settled on terms agreeable to
or practices or any other appropriate relief that
both parties during the investigation period.
will help meet the goals of the ordinance. The
BHRC may award money damages where
evidence showed that the discrimination resulted
i
in a monetary loss.
Probable Cause Determination: If there has been
Complainants are protected in their right to file a
no settlement after all the facts are gathered, the
complaint. It is unlawful for any person. to
BHRC decides whether to proceed further with
retaliate or discriminate in any manner against a
your complaint, if we believe that there are
person because he or she has filed a complaint,
grounds to believe discrimination has occurred,
acted as a witness or assisted the BHRC in the
we will issue a finding of "probable cause,' If we
investigation of a complaint,
do not believe there are grounds to believe
Respondents are protected against unfounded
discrimination occurred, we will issue a finding of
charges, The BHRC realizes that some charges
"no probable cause." If +nye find no probable
are in fact not based on unlawful discrimination,
cause, your complaint will be dismissed, unless
and it provides investigations, written
you appeal.
determinations, conciliations and public hearings
Formal Conciliation: Upon finding probable cause,
to weed out such charges. Please realize,
the BHRC sends a proposed consent agreement
however, that the BHRC must investigate each
to the parties and invites them to settle. This
charge before deciding whether it is well -
proposal can be negotiated,
founded.
The Bloomington Human Rights Commission
has jurisdiction only within the city limits of
Bloomington and thus complaints may be filed
with the BHRC only if the alleged discrimination
occurred within the city limits. For complaints
outside the city limits, the BHRC will make an
appropriate referral.
NATE INCIDENTS
The BHRC also collects data and issues reports
on hate incidents. Hate incidents include verbal
or physical abuse directed at individuals or
groups because of their race, sex, color,
disability, age, sexual orientation, ancestry,
religion or national origin.
MEETINGS
Commission meetings are usually held on the
fourth Monday of the month in the Showers
Building, 401 N. Morton street. The public is
encouraged to attend. Notices of meetings are
regularly published in the Bloomington Herald -
Times.
For more information, or to file a
complaint, contact
Bloomington Human Rights Commission
405 N, Morton St.
Post Office Box 100
Bloomington, IN 47402-0500
'helephone: (812) 349-342-9
Fax: (812) 349-3441
humurtri�lus a%blaornini;tan.in,�ov
CITY OF COLUMBIA
HUMAN RIGHTS COMMISSION
2013 ANNUAL REPORT
Members
Scott Dean Chair
Dalton Calcote Vice -Chair
Elizabeth Miller
Amanda Andrade
Gina Long
Meghanne Thompson
(vacant)
Staff Liaison
Term Expiration
March 2016
March 2017
March 2017
March 2016
March 2015
March 2017
March 2015
Adam Kruse Assistant City Counselor, Law Department
Citv Ordinances — Human Rights Violations
The city ordinances prohibiting human rights violations are in Chapter 12, Art. III of the City
Code of Ordinances. These prohibit discrimination in Employment, Housing, and Public
Accommodation based on an individual's status in a protected category (race, color, religion,
sex, national origin, ancestry, marital status, disability, sexual orientation, gender identity, age
(as it relates to employment) or familial status (as it relates to housing)).
About the Human Rights Commission
The Human Rights Commission (HRC) is dedicated to minimizing or eliminating discriminatory
practices made unlawful by Chapter 12. It is comprised of seven (7) volunteer members, each
appointed by Council to three (3) year terms. The HRC receives discrimination complaints from
the public for investigation, mediation or referral to a state or federal agency. It also participates
in outreach activities to raise awareness and improve human relations in the community.
History of the Formation of the Columbia Human Rights Commission
The City of Columbia first established the Human Rights Commission in 1974. The HRC was
originally given powers to conduct administrative hearings and redress violations by ordering
appropriate relief (including cease and desist orders, reinstating employment or granting back
pay). In 1990, the Missouri Supreme Court issued an opinion which made it clear the City's
HRC was operating beyond its constitutional limits. The City Council established a task force to
make recommendations on the future of the HRC. In 1991, City Council restructured the HRC
based on the recommendations of the task force. The new HRC no longer had the sole authority
to redress violations; instead, it would seek to eliminate discriminatory practices by educational
programs and by conciliating and mediating individual complaints.
1
Complaints Received by Columbia Human Rights Commission - 2013
E-01/13 A person filed a complaint on January 24, 2013. The complaint alleged
employment discrimination based on sex. After its review, the HRC
administratively closed the complaint because the complainant voluntarily
withdrew the complaint.
E-02/13 A person filed a complaint on February 25, 2013. The complaint alleged
employment discrimination based on sex. Both parties agreed to participate in
mediation at the University of Missouri Law School Center for Dispute
Resolution. After its review, the HRC administratively closed the complaint
because the case was successfully mediated.
E-03/13 A person filed a complaint on May 31, 2013. The complaint alleged employment
discrimination based on race. The complaint was referred to MCHR, their
investigation found no probable cause. After its review, the HRC made a finding
of no probable cause consistent with MCHR's investigation.
PA -04/13 A person filed a complaint on August 24, 2013. The complaint alleged public
accommodation discrimination based on a disability. The business constructed a
ramp to improve accessibility and the complainant withdrew the complaint. After
its review, the HRC administratively closed the complaint because the case had
been resolved and the complainant withdrew the complaint.
H-05/13 A person filed a complaint on September 5, 2013. The complaint alleged housing
discrimination based on retaliation. After its review, the HRC administratively
closed the complaint because it did not allege a violation of Chapter 12 of the City
Ordinances.
Inquiries Received by the Columbia Human Rights Commission - 2013
An inquiry is when a member of the public has an allegation or a question about discrimination
but that person never filed a formal written complaint. Each inquiry is handled by the staff
liaison with an in-person meeting or a telephone conversation (depending on what the inquirer is
most comfortable with). Inquirers are provided with personal responses specific to their
questions, informed of their options for filing a complaint, and provided contact information for
any future questions.
In 2013, the Human Rights Commission received seventeen (17) inquiries: six (6) involved
Employment, four (4) involved Housing, two (2) involved Public Accommodations, and five (5)
involved Other. The discrimination alleged in these inquiries included national origin, disability,
sex, sexual orientation, familial status and/or race.
2
Human Rights Enhancement Program - 20-13- --
The HRC's aim is to minimize or eliminate discriminatory practices, to carry out
educational programs and to cooperate with other organizations to further this purpose. To that
end, the HRC recommends Human Rights Enhancement activities in our community to be
sponsored by the City and assists in coordinating these events. The following are the Human
Rights Enhancement activities that were sponsored in 2013.
1. MLK Presentation, "Share the Dream, Live the Reality"
- MU MLK Celebration Committee, January 30, 2013
- A presentation by television Judge Glenda Hachett regarding the lessons she has
learned on the bench. The presentation took place at the Missouri Theater and was free and open
to the public.
2. Family Assisted Bathroom Signage Program
- MU Wellness Center, April 1 — September 30
- An educational program intended to promote the availability of family assisted
bathrooms in the District. Programming will include safe spaces training and the provision of
family assisted bathroom signage. The program is intended to increase safety and inclusivity for
families, persons with disabilities, and persons identifying as transgender. The HRC worked with
the City's Building Construction Codes Commission to institute more inclusive restroom
ordinances.
3. "The Human Rights Crisis in Tibet: The Venerable Champa Lhunpo" Presentation
- Columbia Public Schools - Amnesty International, November 14, 2013
- An educational program by Tibetan Monk Champa Lhunpo at Hickman High
School to discuss human rights issues in Tibet and the dangers of ignoring these issues. He
presented to students at Hickman High School all day and had another presentation after school
in the Theater at Hickman that was free and open to the public.
4. "New Kid" Play
- Missouri Immigrants and Refugees Advocates, November 22 & 23, 2013
- The play is about a child immigrant who goes to a new school and tries to make
new friends but he does not understand the language or the customs. The play is aimed at youth
and intended to raise awareness of issues facing immigrants, to increase mutual respect and
understanding and create a more welcoming community. The play was held at the Little Theater
on the University of Missouri campus; it was free and open to the public.
5. "The Dream is Now" Screening & Panel Discussion
- Ragtag Cinema, December 5, 2013
- This was a screening of a documentary film that addresses the challenges faced
by children of undocumented immigrants and current immigration policies. After the filming,
there was a panel discussion that included young immigrants, an immigration attorney and a
health services worker. The event took place at Ragtag Cinema; it was free and open to the
public.
3
2013 Members
Scott Dean
Dalton Calcote
Virginia Law
Amanda Andrade
Gina Long
Jessica Macy
Matt Mazick
Chair
Vice -Chair
Secretary
Term Expiration
March 2016
March 2014
March 2014
March 2016
March 2015
March 2015
March 2014
Year in Review - 2013
• The HRC was recognized by the Missouri Commission on Human Rights as Missouri's
Local Human Rights Commission of the Year.
• The administrative responsibilities of the commission transferred from the Public Health &
Human Services Department to the Law Department.
• The HRC organized and planned 2013 Columbia Values Diversity Celebration. This
responsibility has now transitioned from the Public Health & Human Services Department to
the Cultural Affairs Department who will plan it for 2014 and beyond.
• The HRC conducted the following outreach: had booth displays at PrideFest, MU Off -
Campus Housing, BCCA Mature Living Festival, Graduate Student Fair; provided feedback
for a local fair housing website, www.midmohousing.com; assisted in creating brochures for
service animals; HRC members were involved in the CHAMP process.
Future Goals - 2014
• Host a Columbia Fair Housing Seminar
• Look into Welcoming Cities Project and determine whether the City of Columbia would
benefit from joining that organization
• Raise the City's Score on the Human Rights Campaign's Municipal Index Score Test
13
City of Columbia
Human Rights Enhancement Program
FY2013 Funding Information
Total Allocations to Date: $1,500.00
Funding Available: $3,000.00
Balance: $1,500.00
Funding
Funding
Organization
Program
Requested
Allocated
Program Dates
Service Description
Contact
Contact E-mail
An educational program intended to promote the availability of family
assisted bathrooms in the District. Programming will include safe spaces
training and the provision of family assisted bathroom signage. The program
University of Missouri-
Family Assisted Bathroom
April 1 -September 30,
is intended to increase safety and inclusivity for families, persons with
Heather
EstmanMuellerH@health.missouri.
MLK Celebration Committee
Si nae
$500
$500
2013
disabilities and persons identifying as trans antler.
Eastman -Mueller
edu
A presentation by Judge Hartnett regarding the lessons she has learned on
University of Missouri-
MILK Presentation "Share the
the bench. The presentation will take place at the Missouri Theatre and will
MILK Celebration Committee
Dream, Live the Reali "
$500.001
$500.00
January 30, 2013
be free and open to the public.
Nada a Uwase
UwaseNa@missouri.edu
An educational program about Tibetan history, culture, an, religion and
human rights. The program will bring Champs Lhuni a Tibetan monk to
talk at Hickman High School to students in Humanities, Classical Ideas and
World Religion classes and the World Life and Literature classes and at a
session open to all students and the general public. Students will gain an
Columbia Public Schools-
The Human Rights Crisis in
understanding of how human rights issues impact individuals as well a
Amnesty International Chapter
Tibet- Venerable Champs
whole cultures and learn to apply this knowledge to human rights issues at
of Hickman High School
Lhum o
$500.00
$500.00
November 13 2012
the local community level.
George Frissell
GFRISSEL@co1umbia.k12.mo.us
Total Allocations to Date: $1,500.00
Funding Available: $3,000.00
Balance: $1,500.00
What is the Ames Human
Relations Commission?
Created in 1974, in accordance with Chapter
14 of the Ames Municipal Code, the
Commission implements the provisions of the
Iowa Civil Rights Act of 1965.
The Commission works to eliminate
discriminatory practices in Ames by:
• Investigating and determining the
merits of complaints alleging unfair or
discriminatory activities.
• Establishing procedures for the
conciliation of such complaints
• Ensuring that victims of discrimination
are heard and concerns are addressed.
Creating education and outreach to
help the Ames community become
more sensitive to the problems of
discrimination.
The Commission is composed
of five Ames residents, who
are appointed by the Mayor
forthree-year terms. If you are
interested in serving on the
Commission, you can request
an application from the City
Clerk's office in Ames City
Hall, 515 Clark Avenue.
According to Ames city law,
discrimination is prohibited in the areas
of housing, education, employment,
public accommodations or services, and
credit.
It is illegal for any person to intentionally
aid, abet, compel or coerce another
person to engage in any of the practices
declared unfair or discriminatory by
Chapter 14 of the Municipal Code of
the City of Ames.
View the Municipal Code of the City of
Ames online at: www..cityofames.org or
at Ames City Hall: 515 Clark Avenue.
CITY OF
Ames..
Have you
been treated
unfairly?
The Amer Human Relations
Commission was established to
address discriminatory issues in our
community.
Please call 239.5101 and ask for the
Ames Human Relations Commission
staff liaison if:
• You believe you have been discriminated
against in Ames.
• You know of someone who believes he/
she has been discriminated against in
Ames.
• You need advice or information about
what may be discriminatory.
• You or your group would like a presen-
tation on discrimination or the Human
Relations Ordinance.
The Complaint
Process
1. Register a complaint by calling
239.5101; ask for the Ames Human
Relations Commission staff liaison.
You can also download a complaint
form from wwwcityofames.org.
2. Staff will meet with you to discuss the
complaint and initiate the process.
Investigation and Review
3. Volunteer investigators gather facts
about the case.
4. If there is not sufficient evidence, a
finding of "no probable cause" will be
issued and the case will be closed.
5. If probable cause is found, concilia-
tion follows.
Conciliation
6. Commission members attempt to
settle the complaint. The Commission
is authorized to ensure that claims of
discrimination are addressed.
Commission Hearing
7. A hearing may be held before the
Commission or its designee if concili-
ation fails.
AMES HUMAN RELATIONS"COMMISSION COMPLAINT FORM
Rev. 10/31/07
Ames Human Relations Commission
c/o City Manager's Office
City of Ames
515 Clark Avenue
Ames, IA 50010
(Complaint of Discrimination under Ames Municipal Code Chapter 14)
(AGENCY USE ONLY)
Complaint Number:
❑ Local Agency ❑ State Agency ❑ EEOC
NOTE: PLEASE TYPE OR PRINT (In Ink Only)
I. What -is your legal name?
2. What is your street address?
City State Zip Code
3. Telephone: Email:
4. What is your date of birth? Sex
Race National Origin (ancestry)
5. On what BASIS(ES) do you feel you have been discriminated against? (Please check)
❑ Age ❑ Physical Disability ❑ Color
❑ Race ❑ Creed ❑ Religion
❑ Marital Status ❑ Sex ❑ Mental Disability
❑ National Origin ❑ Pregnancy ❑ Retaliation
❑ Sexual Orientation ❑ Familial Status
* Because I filed a prior complaint or opposed a discriminatory practice
6. Please check the AREA in which the discrimination occurred:
❑ Credit ❑ Education
❑ Employment ❑ Public Accommodations
- ❑ Housing
7. What is the ==AT NAME of the organization that allegedly discriminated
against you?
E�
a
Organization mailing address:
County: State
Telephone Number:
Address where discrimination allegedly occurred?
What does that organization do?
Zip Code
10. Check the approximate number of full & part-time employees at ALL employer locations
(VERY IMPORTANT):
❑ 0-24 ❑ 25-49 ❑ 50-99 ❑ 100+
11. Have you filed this complaint with any other Federal, State, or Local Anti -Discrimination
Agency? Yes No
If yes, what agency?
On what date did you file?
12. Identify the person or persons who allegedly discriminated against you
Name
Name
Position/Title
Position/Title
13. What is the last date that something possibly discriminatory happened to you?
What happened on that date?
Please iitfin the particulars of your complaint below.
Be sure to state why you feel you were discriminated against.
I certify under penalty of perjury and pursuant to the laws of the State of Iowa and the laws of
the United States of America that the preceding charge is true and correct.
M
Signature of Complainant
Date
Verification without notary authorized by Iowa Code § 622 1, 28 U S C § 1746
Intaker Name
Disability Code
Phone (direct extension)
Authorization Release Form
Ames Human Relations Commission
City Hall
515 Clark Avenue
Ames, IA 50010
(515)239-5101
I hereby authorize anyone possessing medical, education, personnel, income, credit or
any other information necessary for full and complete investigation, mediation,
conciliation of my complaint to furnish such information to the Ames Human Relations
Commission and any other anti -discrimination agency. I hereby release anyone so
authorized, the Ames Human Relations Commission and any other anti -discrimination
agency from all liability for any damages whatsoever in furnishing and obtaining said
information.
Signature
Date
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WHERE DO I GET A
COMPLAINT FORM?
A complaint form maybe obtained in several
ways:
• Come to the Human Rights Office,
• Go to the complaint page on our website at
http://www.icgov.org/humanrights
• Call 319-356-5022 or 319-356-5015 and request
that a complaint form be mailed to you.
HOW DO 1 FILE A COMPLAINT?
Complaints may be filed in several ways.
• Bringing the complaint form to the Human
Rights Office, located on the third floor of City
Hall.
• Mailing the complaint form to the Human
Rights Office, at 410 E. Washington St., Iowa
City, IA 52240.
• Emailing a complete, signed,
and dated complaint form to
humanrights@iowa-city.org.
WHO CAN FILE A COMPLAINT?
If you are unsure whether you fit the
requirements listed below, please call 319-
356-5022 or 319-356-5015 and speak with a
Human Rights staff person.
For complaints of employment
discrimination, you may file with Iowa City
Human Rights if:
• You work within the geographical boundaries
of Iowa City, or
• Your work does not depend on a specific
location (for example, you are a nurse who
provides care in clients' homes, or you work
for a temporary staffing service that might
send you to different locations depending on
the work available) AND the employer's office
is located within the boundaries of Iowa City.
You can file a complaint of public
accommodation, housing, or credit
discrimination with Iowa City Human Rights if:
• The business, dwelling, or lender is located
within the boundaries of Iowa City.
You can file a complaint of education
discrimination with Iowa City Human Rights
if:
• The complaint concerns a school within the
Iowa City Community School District; or
• The school is physically located within
the boundaries of Iowa City. (Example:
If an educational institution has several
locations, you may file a complaint if you
attend at the Iowa City campus, but NOT
if the main campus is in another city and
you attend there.)
• The complaint is NOT against the
University of Iowa.
WHERE CAN I GET HELP IF MY
SITUATION DOESN'T FIT THE
REQUIREMENTS ABOVE?
The Iowa Civil Rights Commission (ICRC)
addresses complaints statewide. If the
discrimination happened in Coralville, North
Liberty, or any other town that does not have
a local Human Rights Office, contact the
ICRC at 1-800-457-4416. For complaints of
discrimination occurring at the University of
Iowa, contact the UI Equal Opportunity and
Diversity Office at 319-335-0705.
HOW MUCH DOES IT COST?
There is no charge for services provided by
Iowa City Human Rights Office.
DO 1 NEED A LAWYER?
It is not necessary to hire a lawyer to file a
complaint.The Human Rights Office does
provide guidance and assistance during the
complaint investigation process, but does
NOT provide legal representation and does
not have an advocacy role.
You may always hire a lawyer if you wish to,
but you will be responsible for the lawyer's
fees.
DOES IOWA CITY HUMAN RIGHTS
PROVIDE ANY OTHER SERVICES?
Yes. We provide mediation of complaints.This
is a voluntary process offered only if both
parties agree to mediate In good faith.
We also provide educational programming,
hold events such as the Human Rights
Breakfast and the Human Rights Youth
Awards, and engage in other activities that
further the goal of eliminating discrimination
in our community. If you would like a
staff person to give a presentation at your
organization or business, please call 356-5022
or 356-5015.1
Mediation Complaint filed
Investigation
No In
Resolon vestigative
Resolution interviews with
uti
witnesses
Gathering of
relevant documents
Summary report of
investigation by human
rights investigator
Complaint file given
to Human Rights
Coordinator; decision is
made based on evidence
gathered in investigation
NO Probable Cause Probable Cause
Determination Determination
Evidence does not indicate Evidence shows there is
illegal discrimination a
reason to believe illegal
occurred. discrimination
occurred.
Complaint
Appeals
Conciliation
Uphold No
Probable Cause Reverse
Determination Cecision
40 Conciliation
Conciliation
Successful
Conciliation Conciliation Not
Successful Successful
Public ,agencies
Hearing Intervene
HUMAN RIGHTS COMMISSION
History
The Iowa City Human Rights Commission (HRC) was established in August 1963 as the
Iowa City Human Relations Commission.
Commission
Nine residents of Iowa City are appointed by the City Council for three year staggered
terms. The Commissioners, all committed to civil rights, reflect a broad cross section of
the community, thus ensuring diversity of ideas and interests. In the appointment process
consideration is given to men and women of various racial, religious, cultural, social and
economic groups within the City.
Meetings
The Commission annually elects a Chairperson and a Vice -Chairperson and holds
monthly meetings in the Helling Conference Room at City Hall on the third Tuesday of
each month at 6:00 p.m. Special meetings are held as needed. The meetings are open to
the public.
Staff
There are two full time staff, a Human Rights Coordinator and a Human Rights
Investigator.
General Duties
• Disseminate information; educate the public on illegal discrimination and human
rights.
• Provide the enforcement necessary to further the goals of the Human Rights
Ordinance.
Powers
• Make recommendations to the city council for such further legislation concerning
discrimination as it may deem necessary and desirable.
• Educate the public on human rights and illegal discrimination, such as organizing
and facilitating educational public forums that address one or more of the broad range
of topics included within the rubric of human rights.
• Provide the enforcement necessary to further the goals of the Human Rights
Ordinance.
• Cooperate, within the limits of any appropriations made for its operation, with
other agencies or organizations, both public and private, whose purposes are not
inconsistent with those of the Human Rights Ordinance.
• Coordinate programs designed to eliminate racial, religious, cultural and other
intergroup tensions.
Recommendations to Council
For the City to pursue a municipal issued identification card, implemented in a manner to
protect the safety of undocumented persons. (December 2012)
For the City to adopt signage at City facilities in prominent languages other than English.
(December 2012)
For the City to pursue other implementations that are consistent with making City
services and facilities accessibility to persons who may not speak or read English or who
speak or read English as a second language. (December 2012)
To revise the Human Rights Ordinance to include restrictions regarding the consumption
of alcoholic beverages by those under the legal drinking age or the presence of persons
under the legal drinking age in places of public accommodation where alcohol beverages
are sold. (May 2013)
To Maintain the SEATS service % price fare. (February 2013) To maintain the SEATS
service % price fare and Sunday services. (June 2013)
To revise the Human Rights Ordinance to include an exception in public accommodation
for developmental differences based on age. (June 2013)
For the City Council to direct the City Manager to more fully implement the
recommendation of the equity report section of the Ad Hoc Diversity Committee, which
states that the report format and composition shall be developed by the City Manager in
consultation with the City Council, the City of Iowa City Human Rights Commission,
and any other committees determined by the City Council. The equity reports are not to
assess implementation they are to assess outcomes, and that the Iowa City Human Rights
Commission is very interested in the assessment of the outcomes from these efforts. (June
2013)
Mayor's Proclamations
Human Rights Day (December)
Martin Luther King, Jr. Day (January)
African-American History Month (February)
Women's History Month (March)
Days of Remembrance (April)
Sexual Assault Awareness Month (April)
Juneteenth National Freedom Day (June)
Accomplishments & Activities
1. Staff received fair housing training on accessibility requirements, service and
emotional support animals and legal issues involving landlords and tenants on
July 23, 2012. The training was held at the Coralville Public Library.
2. On July 11, 2012, staff attended Push America/Journey of Hope at The Arc of
Southeast Iowa. Push America/Journey of Hope is a cross country bicycle trek
from San Francisco to Washington DC, in which 35 members of Pi Kappa Phi
spread a message of hope And acceptance for people with disabilities. Participants
viewed the documentary Certain Proof. Certain Proof features three children
living with significant disabilities and their families' individual challenges and
triumphs.
3. Staff attended the 22"d Anniversary Americans with Disabilities Act Celebration
held on July 28, 2012 at the Coral Ridge Mall.
4. The Commission co-sponsored One Community, One Book along with several
other organizations including the University of Iowa Center for Human Rights.
The 2012 selected book was The Latehomecomer: A Hmong Family Memoir by
Kao Kalia Yang.
5. Staff hosted student legal interns from the University of Iowa College of Law for
both the fall and spring semesters.
6. Staff attended the Shift Speaker Series hosted by Diversity Focus on August 7,
2012. The featured speaker was Geoffrey Canada, President & CEO of Harlem
Children's Zone.
7. The Commission served as a presenter at the 411 on the 5-0 held at The Spot on
August 30, 2012.
8. The Commission co-sponsored the 19`h Annual Iowa Women's Music Festival
along with numerous other organizations. The festival was held on September 1,
2012 in Upper City Park.
9. Staff assisted in some organizing for the Breaking Barriers: A Diversity/Fair
Housing Summit sponsored by the Fair Housing Ambassadors of the Iowa City
Area Association of Realtors. The training was held on September 19, 2012 in
Coralville.
10. The Commission wrote a letter to University of Iowa President Sally Mason in
support of keeping the University of Iowa Center for Human Rights open on
campus. Letter dated October 2, 2012.
11. Staff participated in a Succession Planning Retreat sponsored by the City of Iowa
City at the Ned Ashton House in Iowa City on September 19, 2012.
12. Staff participated in a training on Employment Practices on October 3, 2012. The
program was sponsored by the Iowa State Bar Association.
13. The Commission co-sponsored with numerous other organizations the
Strengthening and Valuing Latinola Communities in Iowa Professional
Development Institute and Youth Summit held October 11-12, 2012 at West High.
14. The Commission held its Annual Human Rights Breakfast on October 30, 2013.
Chad Simmons, Executive Director of Diversity Focus was the keynote speaker.
Recipients were Tom Widmer (Isabel Turner Award), David Leshtz (Linda
Severson Award), Robin Armstrong (Kenneth Cmiel Award), University of Iowa
Center for Human Rights (Community Award), Joan Vanden Berg (Rick Graf
Award).
15. Staff assisted in organizing the 2013 University oflowa's Dr. Martin Luther King,
Jr., Celebration of Human Rights in the fall of 2012.
16. Staff participated in training on language access compliance under the Civil
Rights Act of 1964 Title 6 entitled Keeping It Legal. The program was held on
December 5, 2012.
_ 17. Staff updated contact information for the database United Way 2-1-1. To ensure
better outreach to the community and social service agencies. The information
was updated on November 14, 2012.
18. Staff served as a group facilitator in the My Beautiful Self -Program held on
December 1, 2012. The My Beautiful Self -Program is an uplifting program for
young women as they continue to discover who they are and who they want to be
in the future.
19. The Commission participated in the International Human Rights Day held on the
Pentacrest on December 10, 2012.
20. Staff coordinated with the University of Iowa Student Legal Services to have a
link to the Human Rights website on its website for greater exposure to the
student community at the University of Iowa. This was coordinated on January
2013.
21. Staff provided Commission training to newly appointed Commissioners Joe D.
Coulter and Jessie Harper, on January 15, 2013.
22. The governmental channel continued to broadcast information sent by staff on
discrimination and harassment along with the contact information for the office.
23. Staff conducted outreach training at the Shelter House on fair housing and illegal
discrimination on January 10, 2013.
24. Staff participated in a training A Boss's Guide to Performance Appraisals to
better assist when conducting training activities for local businesses. The training
was held on January 17, 2013.
25. Staff presented to an introductory class on Human Rights at the University of
Iowa at City Hall on January 29, 2013.
26. The Commission initiated future meetings with the Iowa City Community School
District Board to discuss the Diversity Policy in February 2013.
27. The Commission co-sponsored along with several other organizations The Emma
Goldman Clinic: Choice Event 2013. Heather Ault was the keynote speaker at the
event held on February 1, 2013.
28, The Commission sponsored Building Communities on February 7, 2013 at the
Iowa City Public Library Meeting Room A. From this meeting several community
subcommittees were formed to address concerns in the areas of housing and
education.
29. Staff attended a Black History Read In held at the Coralville Public Library on
February 14, 2013.
30. Staff started courses on conversational Spanish at Kirkwood Community College
to better interact with Spanish speakers who call or visit the office. The course
started in March 2013.
31. Several Commission members participated in Roll the Dice a free training that
educated participates on the causes and effects of racial disproportionality as it is
found across many systems. The program was held on March 7, 2013.
32. The Commission participated and co-sponsored along with several other
organizations The United Nations -Iowa Night of 1000 Dinners in celebration of
International Women's Month. The event was held at the Old Brick on March 7,
2013.
33. The Commission sponsored a-Lunch & Learn on the United States Department of
State entitled A Conversation About My Experience In It on April 2, 2013 at the
Iowa City Public Library Meeting Room A.
34. Staff participated in meetings with University of Iowa Law Professor Len Sandler
to discuss initiatives to address housing discrimination in Iowa City in the spring
2013.
35. Staff, as part of a request from a Boy Scout (Troop 2000) participated in an
interview on the Iowa City Community School District's Diversity Policy on
April 5, 2013.
36. The Commission coordinated and co-sponsored the Building Blocks to
Employment Job Fair held on April 18, 2013 at the Eastdale Plaza and The ABC's
of Researching & Applyingfor a Job in 2013 held at the Shelter House on April
16, 2013.
37. The Commission sponsored a Fair Housing Training. The free training discussed
the types of discrimination that occur in housing. The training also discussed the
Americans with Disabilities Act Amendments Act as it pertains to housing. The
training was held at the Iowa City Public Library Meeting Room A and was well
attended on April 23, 2013.
38. Staff attended the Police Citizen's Review Board Community Forum on April 23,
2013 at the Iowa City Public Library Meeting Room A.
39. In May 2013, staff updated the City's Contract Compliance Program which
requires equal employment opportunity in all City contract work.
40. The Commission sponsored its 10`h Annual Iowa City Human Rights Commission
Youth Awards on May 15, 2013. The Mayor Matthew Hayek served as the
keynote speaker. The event recognized over 102 area youth. The Youth Ally
Award established in 2012 received no nominations this fiscal year.
41. Staff continued to place advertisements in the Press Citizen and Daily Iowan to
alert that discrimination is against the law. The advertisement also promotes the
Commission as a community resource.
42. Staff hosted a student legal intern from the University of Iowa College of Law
over the summer of 2013.
43. The Commission participated and gave support to Iowa City Pride Day held on
June 15, 2013 in downtown Iowa City.
44. The Commission partnered with the Iowa City Public Library to sponsor an event
to kickstart the Iowa City Book Festival to be held in October 2013. The program
will center on the Iowa City Book Festival selected book The Immortal Life of
Henrietta Lacks. Henrietta Lacks was an African -American woman who was the
unwitting source of cells which were cultured to create an immortal cell line for
medical research known as the HeLa cell line.
45. Staff presented to the Phillip G. Hubbard Prep Program at the University of Iowa
College of Law. The presentation entitled Human Rights on the Local Level was
held on June 21, 2013.
46. The Commission participated and co-sponsored the Iowa City Area Juneteenth
Celebration along with numerous community organizations. The event was held
on June 29, 2013.
Overview of the Complaint Process
The City Code of Iowa City prohibits discrimination in education, housing, employment,
public accommodation and credit. The characteristics covered are: age, color, creed,
disability, familial status*, gender identity, marital status, national origin,
presence/absence of dependents*, public assistance source of income*, race, religion,
retaliation, sex, and sexual orientation.
*Housing only.
Staff of the Human Rights Commission investigate complaints alleging discrimination.
Staff serve as a neutral fact finder and do not represent either party in the complaint
process.
1. Filing: The complainant (the person who alleges the discrimination) fills out,
signs and dates a complaint form.
2. Jurisdictional Review: A dated and signed complaint is reviewed by staff to
determine whether it meets the legal requirements of the Iowa City Human Rights
Ordinance. A complaint must be filed within three -hundred days of the last
discriminatory act.
a. If the complaint does not meet jurisdictional requirements, the
complainant is notified and the complaint is closed.
3. Notice: A copy of the complaint is mailed to both the complainant and the
respondent within twenty days of the file date along with a questionnaire and
document request.
4. Answer: The respondent is required to answer the allegation of discrimination and
submit any requested records or relevant documents within thirty days of receipt.
5. Right to sue: After the complaint has been on file for sixty days, the complainant
has the option of pursing the matter in a state district court. If this option is taken,
staff close the complaint and no further action is taken.
6. Screening: All information is reviewed to determine whether further investigation
is warranted.
After reviewing materials responsive to the questionnaire/document request, the
human rights office determines whether the complaint warrants further
investigation. If the human rights office finds there is a reasonable possibility of a
probable cause determination or the legal issues present in the complaint need
further development, the human rights office promptly resumes the investigation
of the complaint. A complaint determined by the human rights office not to
warrant further processing by the human rights office is administratively closed.
The complainant and respondent are promptly notified of the administrative
closure. A complainant may object to the administrative closure within ten (10) - --
days of service by filing a written request for review that states the basis for the
objection. If, after review by the human rights office, it is determined that the
complaint does not warrant further processing, the human rights office will close
the file and notify the complainant and respondent of the final decision of
administrative closure.
8. Further Investigation: Both complainant and respondent may be interviewed and
additional records requested. Witnesses and other persons with knowledge
concerning the allegations in the complaint may also be contacted and
interviewed. When the investigation is complete, the investigator will analyze all
the collected information and write an investigative summary with a
recommendation at the end as to whether probable cause exists.
9. Finding: The Human Rights Coordinator reviews the complaint file and the
investigative summary and makes a final decision on whether probable cause
exists.
a. If probable cause is found, the complaint will move to conciliation.
b. If probable cause is not found, staff informs both the complainant and
respondent of the basis for the decision.
10. Conciliation: The Human Rights Coordinator attempts to conciliate or settle the
complaint.
11. Public Hearing: When conciliation is unsuccessful, the complaint will be
reviewed by the City Attorney who shall form an opinion as to whether the
complaint is litigation worthy and make a recommendation to two
Commissioners. If both members of the Commission wish to proceed contrary to
the recommendation of the City Attorney, the Commissioners may authorize the
Human Rights Coordinator to do so.
Complaint Statistics
Please note some complaints filed in fiscal year 2012 were closed in fiscal year 2013.
Some complaints which were filed in fiscal year 2013 had not been closed by the end of
fiscal year 2013, creating the difference in numbers between those opened and closed.
Most complaints filed cite more than one basis for discrimination so totals will equal
more than 43.
Complaint Activity
COMPLAINTS FILED BY PROTECTED CHARACTERISTIC
FY 2013 FY2012
Age 12 15
Color 11 13
Creed 1 0
Disability- --
15- ---
- 22
Familial Status
2
8
Gender Identity
2
2
Marital Status
6
5
National Origin
6
3
Presence/Absence of Dependents
5
7
Public Assistance Source of Income
5
1
Race
21
19
Religion
4
4
Retaliation
20
19
Sex
14
8
Sexual Orientation
5
3
COMPLAINTS FILED BY AREA
Credit
1
0
Education
0
3
Employment
27
30
Housing
4
14
Public Accommodation
20
12
Total Cases
52
59
RESOLUTIONS
Mediated
5
2
No Probable Cause
9
7
Administrative Closure
9
8
Right To Sue
0
0
Lack ofJurisdictioni
3
5
Satisfactorily Adjusted
0
0
Withdrawn
0
2
Total Number of Resolutions
29
24
Summary
' `Lack of Jurisdiction' refers to complaints that allege discrimination on a basis or
in an area not covered by local law. Lack of jurisdiction could also include
complaints that allege conduct/activity that even if true would not violate local anti-
discrimination laws. Complainants are referred to appropriate agencies for
assistance whenever possible. Examples would include Wage & Hour, the Family
Medical Leave Act, or Workers Compensation.
Employment is the largest area in which complaints were filed (27), followed by public
accommodation (20) and housing (4). Race (21) is the most common characteristic cited
for the alleged discriminatory conduct. Disability and sex follow with (15) and (14)
respectively. It took on average, 192 days to resolve complaints in fiscal year 2013.
In comparison, (30) complaints were filed in the area of employment, (14) in housing and
(12) in public accommodation in fiscal year 2012. The characteristic cited the most for
the reason for discrimination was disability (22), followed by race (19), and then age
(15). It took on average, 222 days to resolve complaints in fiscal year 2012.
Complainant Demographics2
Age:
National Origin:
Race:
-
Under 21
American
6
White
16
Over 21 21
Chilean
1
Black/African-American
13
Over 60 8
Honduras
1
American Indian
1
Belgian
1
Hispanic
3
Asian
2
Sexual Orientation:
Sex:
Homosexual 1
Female
15
Male
19
Marital Status: Disability:
Single 2
Plans for Fiscal Year 2014
Contact neighborhood associations and area service providers to encourage more public
outreach to those who believe they have been discriminated against.
Fair housing materials distributed to landlords and managers to bring attention to unfair
housing practices and the ramifications for non-compliance.
Advertisements will continue to be placed at City facilities (including transit) and in local
newspapers to alert the public to unlawful discrimination.
Develop or assist in forums to educate the public on human rights and discrimination.
Proclamations for Black History Month, Women's History Month, Fair Housing and
others as determined by the Commission.
Engage in public outreach to determine people's perception of human rights in Iowa City.
a Requested information is optional therefore some complainants opt to not provide demographical
information.
Speak with different groups inIowaCity to assess level of need and areas of concern. — --
Increased outreach on housing discrimination.
A free public training on the Americans with Disabilities Act Amendments Act with a
focus on Title 1 (employment).
Participate in projects celebrating diversity and providing human rights education.
Work with Community Development to identify impediments to fair housing.
Training to the community on public accommodation discrimination.
Outreach to the community on how to file a civil rights complaint.
Commissioners
Orville Townsend, Sr. Chair
January 1, 2011—January 1, 2013
Jewell Amos
June 19, 2013 —January I, 2015
Andrea Cohen
July 23, 2013 — January 1, 2016
Joe D. Coulter
January 1, 2013 — January 1, 2016
Diane Finnerty
January 1, 2011 — January 1, 2013
Shams Ghoneim
January 1, 2012 — January 1, 2015
Kim Hanrahan
January 1, 2012—January I, 2012
Harry Olmstead, Vice Chair
January 1, 2013 —January I, 2016
August 20, 20133
3 Staff corrected error on page 8 on October 4, 2013. (Right to Sue is 0, it was previously reported as 3).
OFFICE OF THE CITY CLERK TREASURER
Sondra E. Smith — City Clerk Treasurer
Lisa Branson — Deputy City Clerk
September 5, 2014
Ms. Kaye Shrout
PO Box 2
Story, Arkansas 71970
Dear Ms. Shrout
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
Phone 479.575.8323
cityclerk@fayetteville-ar.gov
Per your request enclosed is a copy of Ordinance 5703 an ordinance to amend the Fayetteville
code by enacting Chapter 119 Civil Rights Administration to protect the civil rights of Fayetteville
citizens and visitors and to create the position of a Civil Rights Administrator for the City of
Fayetteville.
City attorney Kit Williams has been assigned the task of administering the ordinance therefore for
questions regarding the ordinance please contact his office at (479) 575-8313.
Sincerely,
Sondra E. Smith
City Clerk Treasurer
ORDINANCE NO. 5703
AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY ENACTING
CHAPTER 119 CIVIL RIGHTS ADMINISTRATION TO PROTECT THE
CIVIL RIGHTS OF FAYETTEVILLE CITIZENS AND VISITORS AND TO
CREATE THE POSITION OF CIVIL RIGHTS ADMINISTRATOR FOR THE
CITY OF FAYETTEVILLE
WHEREAS, the City of Fayetteville seeks to protect and safeguard the right and
opportunity of all persons to be free from unfair discrimination based on real or perceived race,
ethnicity, national origin, age, gender, gender identity, gender expression, familial status, marital
status, socioeconomic background, religion, sexual orientation, disability and veteran status; and
WHEREAS, the City of Fayetteville seeks to promote the public health and welfare of
all persons who live or work in the City of Fayetteville and to ensure that all persons within the
City have equal access to employment, housing, and public accommodations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas enacts Chapter 119
Civil Rights Administration as shown on Exhibit "A" attached hereto.
PASSED and APPROVED this 20' day of August, 2014.
FEST:
o '. AvwtL
SONDRA E. SMITH, City Clerk/Treasurer
NORTHWEST ARKANSAS DEMOCRATWME
NORTHWESTARKANSAS THE MO NEWS SPRINGD
THE
MORNING
ECERS
NEWSP"ERSLLCEST ARKANSAS 11MES
BENTONHCOUNTYY DAILY RECORD
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1479,442-1700 1 www.NwANEws.coM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville -
Ordinance 5703
Was inserted in the Regular Editions on:
August 28, 2014
Publication Charges: $ 90.79
Karen Caler
Subscribed and sworn to before me
This Z day of Otcr/ 2014.
oAfj��
"l0
Notary Public W
My Commission Expires: %o�%o-z+
EArkansss
THY WILES
• Benton Ccuoly
• Comm* 1239711 Sn Expires Fab 20, 2024
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
RECEIVED
SEP 022014
CITY OF FAYE TEVILLE
CITY CLEWS OFFICE
bRDI � 6�" .%
AN ORDINANCE TO ZEND THE `
FAYETTEVILL°E' CODE BY ENACTING
CHAPTER 11b CML AIOHTS � '
ADMINISTRAYIO TO'R GT CIVIL
eaxAmses
RIGHTS" OF PhYEiTEYILLE E'iT�. AND
VISITOE,i$(�NDTO�CRFA'TE 1E,('f STiYON OFCIVILf#IPaH ADMINISTRATOR
FOR THE.GITY OF`Lq'kETTQr1LL� ,,��;;
WNER��e��o� .n Ileareel�tsto`protect an`��uerd the light and
opponun •ail '"' b�`"#� u r rtispr�mina on basetl.on"real or:
perceive, Aederg' er identity: gender
express"PohIliel � marl I �Ioeeonoiil`ic"eckgrou�dorehglon,
sexual opentatlon, disn¢ilky and vetere'd status, and + t =�+ s '
WHEREAS 'the Ciry'oE=�yettedille aeeks'to prom`ole ih'b public fiea(Mand"=
weNare of all persons who live or wodcin the City of Fayetteville and;td ensuTg �
that
all persons wimin the City have equal access to empkryma housing and.
public accommodations. it, .
NOW, T'NER1� hllli!B� rfOROAINE6tBY�THEGRW000NdL'bo"ri4e-
CITY Of FAYETTE,IRLLE, ARKNN$AS:
SEOTION.t Seohor 1: That,thei,City Council ofrthe City oY Fayetteyllle,..
Arkanees_enacts Chapter 1 'H) Clvil Rights Adminietrae"pn as shown 6n Exhibit_
'A° attaietl
PASSED and'APPROVED thi42bth`.d6Y f bugust; 2014
APPROVED: ATTEST:
By
LIONELj1JQ,Ry ClerkTr@esurer .
Exhibits for this ordinance may be Vrewed in the office of the CkYClerk/
'Treaaurei ' £