story by Rose Ann Pearce
rapearce@thecitywire.com
A line is drawn in the sand as the two sides of a proposed controversial ordinance in Fayetteville move into the final two weeks trying to encourage voters to join their respective camps.
The Uniform Civil Rights Act – aka, Ordinance 5781 – goes to voters Sept. 8, when 49,703 register voters are eligible to cast ballots. The polls will be open from 7:30 a.m. to 7:30 p.m., with a new twist available for voters. County Clerk Becky Lewallen said the same voting locations will be open on Election Day but each polling place is designated a Vote Center for the first time ever in a local election. That means, anyone can vote at any location as long as they are registered to vote in the City of Fayetteville, Lewallen said.
Early voting begins Tuesday (Aug. 25) at the Washington County Clerk’s Office, beginning at 8 a.m. The clerk’s office is open daily from 8 a.m. to 4:30 p.m. for voters. Early voting concludes at 4:30 p.m., on Sept. 4. The office will be closed Sept. 7 in observance of Labor Day.
The new Uniform Civil Rights Act was pushed by Alderwoman Adella Gray after the original Ordinance 119 went down in defeat in 2014. The goal was to address the issues that led to the defeat of Ordinance 119, especially the confusing language.
“This is much, much better,” Gray said earlier this week. “I chose the local attorneys, including Secretary of State Mark Martin and Kyle Smith, representing the Center for Equality. The first draft was presented to Alderman Matthew Petty and City Attorney Kit Williams.”
Like a snowball growing larger rolling down a hill, lawyers and others reviewed the draft in the local community, finally landing on the desk of the Fayetteville City Council which scheduled the election.
In Gray’s view, the proposed ordinance is more limited than Ordinance 119, provides protections in the workplace, residential areas and for businesses which provide community services. Another improvement in the new ordinance, dubbed 5781, is the creation of a commission for enforcement, comprised of two business representative, two real estate representatives, two members at large, representing the gay, lesbian and transgender community and one lawyer who has significant employment law experience.
The new ordinance also establishes a structure of fines with the first offense set at a $100 fine and setting the maximum fine at $500.
“There are no lightning rod words,” Gray said. “The words are clear and not open to interpretation.”
And, she emphasized, “We have no connection whatsoever with the Human Rights Commission in Washington, D.C. They have no ties to us.”
CHAMBER SUPPORT
The Fayetteville Chamber of Commerce is supporting the proposed ordinance, reversing its stance on the original Ordinance 119.
“There were 14 specific things in the first ordinance that we believed would made bad policy,” said Chamber President Steve Clark. “These 14 things have been addressed in a favorable way, either corrected or eliminated, in the ordinance. ... In the spirit of the issue, Fayetteville is a diverse, welcoming city and that’s a strong message for economic development.”
Key Points, according to the FOR Fayetteville website, include:
• The ordinance creates a multi-stage complaint resolution process that provides opportunities to correct violations without prosecution;
• Clearly defines gender identity and sexual orientation, and applies those definitions in identical manner to state-level protections for other criteria without redefining existing protections. Socio-economic background is not included;
• Definition of discrimination is based on the Arkansas Civil Rights Act and Fair Housing Act;
• Applicability and exemptions are taken from the Arkansas Civil Rights Act and Fair Housing Act. Also, churches, religious schools/daycares and religious organizations of any kind are completely exempt; and
• Establishes a commission comprised of citizens with relevant experience to hear complaints and establishes the procedure for filing complaints.
OPPOSITION
Duncan Phillips has made several television appearances as the spokesman for Protect Fayetteville but has not responded to three telephone messages and one email left by The City Wire. He sums up the concerns of his group in five points: Dangers to business, women, children, religious freedoms, and Constitutional rights.
Still the Uniform Civil Rights Act is not without its detractors who have organized the Protect Fayetteville campaign around several key points, according to that website:
• The "religious exemption" applies to buildings, not people. Is not for people, it's for buildings. People of faith are not exempt and could lead to people of faith to be persecuted for their beliefs;
• The ordinance is dangerous for women and children and businesses, Just as in Chapter 119, the law demands that businesses allow men, who claim to be women, enter female bathrooms, locker rooms, showers, and shelters. Public schools are not exempt;
• Businesses owners may face prosecution and be subject to civil lawsuits. Business licenses can be revoked in a matter of days;
• The ordinance creates tribunal commission, outside the due process of law, designed only for gays and transgenders – not for heterosexuals, ethnic groups, veterans, disabled, people of faith, etc., thus possibly denying Constitutional rights may be denied; and
• The commission is biased at its inception requiring that at least one openly gay individual serve on the tribunal. No other criteria for being appointed to the commission are mentioned.
The opposition group also says if Ordinance 5781 is approved by voters the city council could amend it and take away the exemptions, increase punishments, and expand the definition of sexual orientation.