HomeMy WebLinkAbout134-21 RESOLUTIONF FAYE,F1 -Ij
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113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 134-21
File Number: 2021-0330
REAFFIRMING FAYETTEVILLE'S WELCOMING OF ALL PERSONS:
A RESOLUTION TO AFFIRM THE CITY OF FAYETTEVILLE'S COMMITMENT TO
DIVERSITY, INCLUSION, AND PROTECTION OF OUR TRANSGENDER CITIZENS,
RESIDENTS, AND VISITORS
WHEREAS, on June 16, 2015, the Fayetteville City Council passed Ordinance No. 5781 and
requested our citizens to vote to enact the Uniform Civil Rights Protection secticn into the
Fayetteville Code; and
WHEREAS, the express Purpose section of Uniform Civil Rights Protection states: "Fayetteville
is a welcoming, fair, and tolerant city which endeavors to ensure that all of its citizens and visitors will
be free from unfair discrimination;" and
WHEREAS, the Purpose section specifically sought to extend civil rights protection "to lesbian, gay,
bisexual, and transgender citizens and visitors;" and
WHEREAS, on September 8, 2015, the citizens of Fayetteville voted to approve and enact the
Uniform Civil Rights Protection section which stated in part: "The right of an otl-erwise qualified
person to be free from discrimination because of sexual orientation and gender ider:tity is the same right
of every citizen to be free from discrimination because of race, religion, national origin, gender and
disability as recognized and protected by the Arkansas Civil Rights Act of 1993;" and
WHEREAS, although Arkansas Attorney General Leslie Rutledge sued the City of Fayetteville and
after a three year litigation battle convinced the Arkansas Supreme Court to invalidate our
citizen -passed Uniform Civil Rights Protection ordinance, Fayetteville's commitment to oppose
discrimination against LGBT citizens, residents and visitors remains strong within our city and in the
hearts of our citizens who voted to enact the ordinance; and
Page 1 Printed on 515121
Resolution: 134-21
File Number.' 2021-0330
WHEREAS, on April 3, 2018, the Fayetteville City Council passed a Resolution .o Approve and
Adopt the Welcoming Fayetteville Plan presented by Mayor Jordan; and
WHEREAS, this Welcoming Fayetteville Plan affirmed that Fayetteville valued cultural diversity and
sought to remove barriers that could impede any person from feeling welcomed and appreciated in
Fayetteville; and
WHEREAS, on October 20, 2020 the Fayetteville City Council enacted a Hate Crime Component
for the City prosecutions into the Fayetteville Code which provided protection for our LGBT citizens,
residents, and visitors; and
WHEREAS, on February 18, 2021, the Fayetteville City Council unanimously passed Resolution
55-21 to support the Hate Crime Act which would protect LGBT victims which was being presented
to the State Legislature by the Governor and many State Legislators.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby affirms the City of
Fayetteville's commitment to diversity and inclusion for all persons especially inc_uding our transgender
neighbors and visitors.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby affirms our commitment
to do everything in our power to honor and protect all persons regardless of their gender identity so
that everyone will feel welcome and safe in Fayetteville.
PASSED and APPROVED on 5/4/2021
Page 2
Attest:
Kara Paxton, City Clerk
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FAYETTEVILLE;
Printed on- IN141 j, 11 (0
City of Fayetteville, Arkansas 113 West Mountain Street
- - Fayetteville, AR 72701
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(479) 575-8323
Text File
File Number: 2021-0330
Agenda Date: 5/4/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: CA
REAFFIRMING FAYETTEVILLE'S WELCOMING OF ALL PERSONS:
A RESOLUTION TO AFFIRM THE CITY OF FAYETTEVILLE'S COMMITMENT TO DIVERSITY,
INCLUSION, AND PROTECTION OF OUR TRANSGENDER CITIZENS, RESIDENTS, AND
VISITORS
WHEREAS, on June 16, 2015, the Fayetteville City Council passed Ordinance No. 5781 and requested our
citizens to vote to enact the Uniform Civil Rights Protection section into the Fayetteville Code; and
WHEREAS, the express Purpose section of Uniform Civil Rights Protection states: "Fayetteville is a
welcoming, fair, and tolerant city which endeavors to ensure that all of its citizens and visitors will be free from
unfair discrimination;" and
WHEREAS, the Purpose section specifically sought to extend civil rights protection "to lesbian, gay, bisexual,
and transgender citizens and visitors;" and
WHEREAS, on September 8, 2015, the citizens of Fayetteville voted to approve and enact the Uniform
Civil Rights Protection section which stated in part: "The right of an otherwise qualified person to be free
from discrimination because of sexual orientation and gender identity is the same right of every citizen to be free
from discrimination because of race, religion, national origin, gender and disability as recognized and protected
by the Arkansas Civil Rights Act of 1993;" and
WHEREAS, although Arkansas Attorney General Leslie Rutledge sued the City of Fayetteville and after a
three year litigation battle convinced the Arkansas Supreme Court to invalidate our citizen -passed Uniform
Civil Rights Protection ordinance, Fayetteville's commitment to oppose discrimination against LGBT citizens,
residents and visitors remains strong within our city and in the hearts of our citizens who voted to enact the
ordinance; and
WHEREAS, on April 3, 2018, the Fayetteville City Council passed a Resolution to Approve and Adopt the
Welcoming Fayetteville Plan presented by Mayor Jordan; and
WHEREAS, this Welcoming Fayetteville Plan affirmed that Fayetteville valued cultural diversity and sought to
remove barriers that could impede any person from feeling welcomed and appreciated in Fayetteville; and
WHEREAS, on October 20, 2020 the Fayetteville City Council enacted a Hate Crime Component for the
City of Fayetteville, Arkansas Page 1 Printed on 51512021
File Number: 2021-0330
City prosecutions into the Fayetteville Code which provided protection for our LGBT citizens, residents, and
visitors; and
WHEREAS, on February 18, 2021, the Fayetteville City Council unanimously passed Resolution 55-21 to
support the Hate Crime Act which would protect LGBT victims which was being presented to the State
Legislature by the Governor and many State Legislators.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby affirms the City of Fayetteville's
commitment to diversity and inclusion for all persons especially including our transgender neighbors and visitors.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby affirms our commitment to do
everything in our power to honor and protect all persons regardless of their gender identity so that everyone will
feel welcome and safe in Fayetteville.
City of Fayetteville, Arkansas Page 2 Printed on 5/5/2021
Legistar ID No.: 2021-
AGENDA REQUEST FORM
FOR: Council Meeting of May 4, 2021
FROM: Mayor Lioneld Jordan
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO AFFIRM THE CITY OF FAYETTEVILLE'S COMMITMENT TO
DIVERSITY, INCLUSION, AND PROTECTION OF OUR TRANSGENDER CITIZENS,
RESIDENTS, AND VISITORS
APPROMAD FOR AGENDA:
V
Kit Williams
City Attorney
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Date
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
CC: Susan Norton, Chief of Staff
FROM: Kit Williams, City Attorney
DATE: April 27, 2021
RE: Reaffirming Fayetteville's Welcoming of All Persons
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Joni Batker
Paralegal
Some of the Arkansas Legislature's recently passed bills have appeared to
limit rights of persons whose gender identity may not match the gender assigned
to the person at birth. Fayetteville voters rejected discrimination against
transgender citizens and visitors when they voted to enact the Uniform Civil
Rights Protection section into the Fayetteville Code in 2015.
The express Purpose section of the Uniform Civil Rights Protection states:
"Fayetteville is a welcoming, fair, and tolerant city which endeavors to ensure that
all of its citizens and visitors will be free from unfair discrimination" and
specifically sought to extend civil rights protection "to lesbian, gay, bisexual, and
transgender citizens and visitors."
The Fayetteville City Council has further expressed the welcoming and
inclusive nature of Fayetteville and our residents by actions detailed in the
proposed Resolution sponsored by Mayor Jordan and me. We believe this is an
appropriate opportunity for the Fayetteville City Council to reaffirm Fayetteville's
commitment to being a welcoming and tolerant community for all persons and
visitors.
RESOLUTION NO.
A RESOLUTION TO AFFIRM THE CITY OF FAYETTEVILLE'S COMMITMENT TO
DIVERSITY, INCLUSION, AND PROTECTION OF OUR TRANSGENDER CITIZENS,
RESIDENTS, AND VISITORS
WHEREAS, on June 16, 2015, the Fayetteville City Council, passed Ordinance No. 5781 and
requested our citizens to vote to enact the Uniform Civil Rights Protection section into the
Fayetteville Code; and
WHEREAS, the express Purpose section of Uniform Civil Rights Protection states:
"Fayetteville is a welcoming, fair, and tolerant city which endeavors to ensure that all of its
citizens and visitors will be free from unfair discrimination;" and
WHEREAS, the Purpose section specifically sought to extend civil rights protection "to
lesbian, gay, bisexual, and transgender citizens and visitors;" and
WHEREAS, on September 8, 2015, the citizens of Fayetteville voted to approve and enact the
Uniform Civil Rights Protection section which stated in part: "The right of an otherwise
qualified person to be free from discrimination because of sexual orientation and gender identity
is the same right of every citizen to be free from discrimination because of race, religion,
national origin, gender and disability as recognized and protected by the Arkansas Civil Rights
Act of 1993;" and
WHEREAS, although Arkansas Attorney General Leslie Rutledge sued the City of Fayetteville
and after a three year litigation battle, convinced the Arkansas Supreme Court to invalidate our
citizen -passed Uniform Civil Rights Protection ordinance, Fayetteville's commitment to
oppose discrimination against LGBT citizens, residents and visitors remains strong within our
city and in the hearts of our citizens who voted to enact the ordinance; and
WHEREAS, on April 3, 2018, the Fayetteville City Council passed a Resolution to Approve and
Adopt the Welcoming Fayetteville Plan presented by Mayor Jordan; and
WHEREAS, this Welcoming Fayetteville Plan affirmed that Fayetteville valued cultural
diversity and sought to remove barriers that could impede any person from feeling welcomed and
appreciated in Fayetteville; and
WHEREAS, on October 20, 2020 the Fayetteville City Council enacted a Hate Crime
Component for the City prosecutions into the Fayetteville Code which provided protection for
our LGBT citizens, residents, and visitors; and
WHEREAS, on February 18, 2021, the Fayetteville City Council unanimously passed
Resolution 55-21 to support the Hate Crime Act which would protect LGBT victims which was
being presented to the State Legislature by the Governor and many State Legislators.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby affirms the City of
Fayetteville's commitment to diversity and inclusion for all persons especially including our
transgender neighbors and visitors.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby affirms our
commitment to do everything in our power to honor and protect all persons regardless of their
gender identity so that everyone will feel welcome and safe in Fayetteville.
PASSED and APPROVED this 41" day of May, 2021
APPROVED:
LIONELD JORDAN, Mayor
ATTEST:
Un
KARA PAXTON, City Clerk/Treasurer
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 92-18
File Number: 2018-0190
WELCOMING FAYETTEVILLE PLAN:
A RESOLUTION TO APPROVE AND ADOPT THE WELCOMING FAYETTEVILLE PLAN
WHEREAS, in the Fall of 2016, Mayor Jordan was first introduced to the Welcoming City concept as a
way to harness and foster the significant economic impact of new Americans in the region; and
WHEREAS, beyond the economic impact, there is value in the cultural diversity that new Americans
bring to our school and workplaces including better problem -solving and critical thinking skills; and
I
WHEREAS, Mayor Jordan announced in his 2017 State of the .City Address his intention to create a
Welcoming Plan for the City of Fayetteville; and
WHEREAS, throughout 2017, City staff met with stakeholders in various sectors and held multiple public
input sessions to identify existing conditions, barriers, and areas to improve in order to present 25
recommendations for action in three .categories - The Community, The Economic Impact, and The
Future; and
WHEREAS, adopting and implementing the Welcoming Fayetteville Plan is .a natural extension of
Fayetteville's values and hospitality and serves as a way to memorialize where we've been and where
we are going as a diverse university City that brings cultures together.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves and adopts the
Welcoming Fayetteville Plan, a copy of which is attached to this Resolution.
Page 1 Printed on 414118
Resolution. 92-18
File Number. 2018-0190
PASSED and APPROVED on 4/3/2018
Approved:
Attest:
Sondra E. Smith, City Clerk Treasurer
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Papa 2 P/Infed an M/18
113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Ordinance: 6368
File Number: 2020-0709
AMEND §130.01 ADOPTION OF STATE CRIMINAL CODE:
AN ORDINANCE TO AMEND § 130.01 ADOPTION OF STATE CRIMINAL CODE OF
THE FAYE7T£Y/LLECODE TO INCLUDE A HATE CRIME COMPONENT WITHIN CITY
PROSECUTIONS OF CERTAIN STATE CRIMINAL MISDEMEANORS
WHEREAS, the vast majority of states recognize that when certain crimes are committed to hurt or
terrorize persons because of their race, religion, gender, gender identity, sexual orientation, disability or
national origin, such especially reprehensible and unacceptable conduct should be properly identified
and criminally punished as "hate crimes;' and
WHEREAS, the Legislature has enacted A.C.A. §16-123-106, Hate offenses to authorize a civil
action for intimidation, harassment, violence or vandalism directed at a victim because or racial,_
religious or ethnic animosity, but such victims deserve further protection; and
WHEREAS, Arkansas is one of the last states in our nation which ignores the intent-onally cruel and
terrorizing nature of these hate crimes by failing to label them as hate crimes or to cr minally punish the
perpetrators for these hate crimes; and
WHEREAS, the City of Fayetteville wishes to do everything legally possible to shire- the light on those
who commit such hate crimes; and
WHEREAS, the City Council is "authorized and empowered to prohibit and punish any act, matter,
or thing which the laws of this state make a misdemeanor" (A.C.A. §) 4-55-501); and
WHEREAS, "the penalties fixed by a city must fall within the state minimums and rraxiinutns." Ford
v. City of Hot Springs, 294 Ark. 435,743 S.W. 2d 394,395 (1988); and
Page 1 Printed on 10MI20
Otdinence: 6368
File Number. 2020-0709
WHEREAS; a city ordinance based upon a state law making an act a misdemeanor must have the
exact same punishment provision as that state criminal law and may neither exceed nor allow "less
severe penalties... than are prescribed for similar offenses against the state laws" (A.C.A. § 14-55-502
State law to be followed); and
WHEREAS, when a criminal commits acts in such manner as to be guilty of a state misdemeanor and
commits such criminal conduct with the intention to hurt or terrorize the victim or others because of
their race, religion, gender, gender identity, national origin, sexual orientation, or disability, the City
Prosecutor should be able to present evidence of such hate crime intention to the Court and jury.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby amends Article
§ 130.01 Adoption of State Criminal Code by repealing it in its entirety and enacting a replacement
Article 1 §130.01 as follows:
130.01 Adoption by Reference of Appropriate State Criminal Misdemeanor Statutes as
Violations of the Fayetteville Code with the Authorization for the Fayetteville City
Prosecutor to also Prove a Hate Crime Element for such Violation. '
(A) This section shall be called the "Hate Crinte Recognition as Deterrence Code."
(8) The City of Fayetteville hereby adopts by reference the Arkansas State Crintinol Code for
the following misdemeanors found within that Code and determines that any person who would
be guilty of a misdemeanor pursuant to one of the below listed crimes and also commits such
criminal conduct with the intention or purpose to hurt, intimidate or terrorize the victim or,
others because of their actual or perceived race, religion, gender, gender identity, national
origin, sexual orientation or disability would be guilty of violating this Hate Crime Recognition
as Deterrence Code and subject to the exact penalties prescribed for these misdemeanors
pursuant to State Law.
(1) Battery in the Third Degree, A.C.A. §5-13-203
(2) Assault in the Second Degree, A.C.A. §5-13-206
(3) Assault in the Third Degree, A.C.A. §5-13-207
(4) Coercion, A.C.A. §5-13-208
(S) Terroristic Threatening, A.C.A. §5-13-301
(6) Arson, A.C.A. §5-38-301 .
(7) Criminal Mischief in First Degree, A.C.A. §5-38-203
Page 2 Pdnted on 1=1120
Ordinance: 6368
File Number. 2020-0709
(8) Criminal Mischief in Second Degree, A.C.A. §5-38-204
(9) Filing False report with law enforcement agency, A.C.A. §5-54-122
(10) Disorderly Conduct, A.C.A. §5-71-207
(11) Harassment, A.C.A. §5-71-208
(12) Harassing Communication, A.C.A. §5,71-209
(13) Communication a False Alarm, A.C.A. §5-71-210
(14) Threatening a lire or bombing, A.C.A. §5-71-211
(15) Cyberbullying, A.C.A. §5-71-217
(16) Stalking in the Third Degree, A.C.A. §5-71-229(c)
This adoption by reference of the above listed sections of the Arkansas Criminal Code shall also
include any and all future amendments to those identified sections relating tc .-nisdemeanors and
punishments therefor.
(C)The City Prosecutor shall report annually during the first City Council meeting in May of the
number of suspects that the City Prosecutor's Officer has prosecuted under this Hate Crimes
Recognition as Deterrence Code and the number of guilty verdicts, guilty or ro contest pleas
obtained for the previous annual period ending March 31.
(D)Severability. If any word, phrase, clause, sentence, item, paragraph, section, cr title of this
ordinance or of the Hate Crimes Recognition as Deterrence Code is declared or adjudged to
be illegal, invalid or unconstitutional, such declaration or adjudication shall no- affect the
remaining portions of the ordinance or Code which shall remain in full force and effect as if the
portion so declared or adjudged illegal, invalid or unconstitutional was not originally a part of the
ordinances or Code.
,PASSED and APPROVED on 10/20/2020
Attest:
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Kara Paxton, City Clerk Treasu=r ;FAY �61/11 :;
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Page 3 Printed an 10/21/20
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 55-21
File Number: 2021-0140
SUPPORT HATE CRIMES ENACTMENT:
A RESOLUTION TO SUPPORT THE ENACTMENT OF SENTENCE ENHANCEMENT
FOR HATE CRIMES AS SET OUT IN SENATE BILL 3 AND HOUSE BILL 1020 TO
BETTER PROTECT A VICTIM WHO WAS PURPOSELY SELECTED FOR CRIMINAL
HARM BECAUSE OF RACE, RELIGION, SEX, SEXUAL ORIENTATION, GENDER
IDENTITY, DISABILITY, OR OTHER PERSONAL ATTRIBUTE
WHEREAS, in Arkansas, as well as most every other state in these United States, sometimes a
criminal selects a victim for harm or oppression because of that person's race, religion, ethnicity,
national origin, sexual orientation, gender identity, age, disability, sex or other personal attribute; and
WHEREAS, if the prosecutor can prove beyond a reasonable doubt that such hatred motivated the
crime, enhanced punishment is appropriate; and .
WHEREAS, during the 2021 Regular Session of the 93rd General Assembly of Arkansas two bills -
Senate Bill 3 introduced by Senator Jim Hendren, and House Bill 1020 introduced by Representative
Frederick Love would create a methodology for the enhancement of a sentence of imprisonment, the
amount of a fine, and the length of a period of probation. if a specified attribute is shown to have led to
a person's victimization by the criminal; and
WHEREAS, the attributes proposed include past or current service in the armed forces of the United
States, race, color, religion, ethnicity, ancestry, national origin, homelessness, gender identity, sex,
sexual orientation, or disability; and
WHEREAS, a criminal harning and victimize someone because of their personal attribute sends a
horrible statement that such a victim should not be.treated the same as every other human being; and
Page 1 Printed on 2119121
Resolution: 55-21
File Number: 2021-0140
WHEREAS, victimizing a person because their race, sex, religion or any other characteristic is totally
and completely contrary to the individual protections and rights contained in the Constitution ofthe
State of Arkansas and the Constitution of the United States, and to ideals of the Declaration of
Independence. as well as our Pledge of Allegiance: "with liberty and justice for al ;" and
WHEREAS, the City Council of the City of fayetteville, Arkansas, joins wholeheartedly with the
Board of Directors of our Capitol City in support of these Hate Crimes bills so tha: Arkansas can join
with almost every other state of these United State to provide added protection for those most often
victimized by hateful criminals.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby wholeheartedly joins
with Little Rock to endorse and recommend approval of Arkansas I late Crimes legislation as set forth
in Senate Bill 3 and House Bill 1020 of the 2021 Regular Session of the 93rd Arkansas General
Assembly.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby expresses their respect
and appreciation to Senator Jim Hendren of Gravette, Arkansas, and Representative Frederick J.
Love of Mablevale, Arkansas, as the initial sponsors, and Representatives Fred Allen, Denise Jones
Ennett, Tippi McCullough, and Joy Springer, and Senators Linda Chesterfield and Joyce Elliot of Little
Rock, Arkansas, Representative Jamie Scott of North Little Rock, Arkansas, Representative Monte
Hodges of Blytheville, Arkansas, Representative Nicole Clowney and Representativ_ David Whitaker
of Fayetteville, Arkansas, Representative Jay Richardson of Fort Smith, Arkansas, Representative Jay
Wardlaw of Hennitage, Arkansas, Senator David Wallace of Leachville, Arkansas, Representative
David Fielding of Magnolia, Arkansas, Representative Reginald Murdock of Mariana, Arkansas,
Representative Milton Nicks, Jr., of Marion, Arkansas, Representatives Kenneth Ferguson and Vivian
Flowers of Pine Bluff, Arkansas, and Representative Joe Jett of Success, Arkansas, for their tiling or
co-sponsorship of Senate Bill 3 and House Bill 1020.
PASSED and APPROVED on 2/18/2021