Fayetteville City Council Eyes Civil Rights Ordinance

FAYETTEVILLE -- Businesses and landlords will be prohibited from discrimination based on a person's gender identity or sexual orientation if a new law is approved by the City Council.

The proposal, by Alderman Matthew Petty, would create a civil rights administrator to ensure residents have equal access to employment, housing and public accommodations.

At A Glance

Council Action

Fayetteville’s City Council met Tuesday and approved:

• A $448,000 contract with Baldwin & Shell Construction to demolish and excavate on the south side of the Walton Arts Center where a parking deck is planned.

• Spending $807,000 on a new fire truck

• Rezoning 6.9 acres north of Wedington Drive and east of Rupple Road where a strip mall and storage facility are located.

Source: Staff Report

"The reason I'm bringing this forward is just because I'm against discrimination," Petty said during Tuesday's council meeting. "Fayetteville has a history of doing the right thing, and I think this is an opportunity for us to pass a good law."

No other members of the council or public shared their thoughts on the proposal during Tuesday's meeting.

In 29 states, including Arkansas, businesses can refuse to serve gay, lesbian, bisexual and transgender people, whereas discrimination based on someone's race, religion, age, gender and disability is prohibited under state and federal law. Landlords can evict gay couples, and employers can fire transgender workers without legal recourse.

The proposed ordinance would change that in Fayetteville.

It doesn't just refer to gender identity and sexual orientation, either.

In addition to categories set aside as "protected classes" under state and federal law, marital status, socioeconomic background and veteran status are mentioned.

If the ordinance is approved, an aggrieved resident could file a complaint with the civil rights administrator. The administrator would investigate.

Landlords would be prohibited from refusing to rent to certain classes of people or creating different lease terms in different situations. Restaurants and hotels couldn't deny service to anyone based on the select criteria.

Employers would be required to display excerpts of the ordinance in their workplaces. And the ordinance's provisions would apply to all city offices as well as to contractors doing business with the city.

Violations would be referred to the city prosecutor's office, and, if found guilty, a landlord or business could be fined up to $500.

It's unclear to what extent discriminatory practices exist in Fayetteville.

Petty said before Tuesday's meeting there wasn't a specific incident inspiring his proposal. However, he said he was aware of recent efforts in other states to defend business owners' rights to refuse service to gays and lesbians.

The council in April 1998 approved a measure similar to what Petty is proposing. It would have added sexual orientation and familial status.

Then-Mayor Fred Hanna vetoed the proposal, known as the human dignity resolution. Hanna's veto was overturned by the council.

But a successful petition by a group called Citizens Aware put the issue on the Nov. 3, 1998, ballot, and the resolution was struck down, 7,822 to 5,736. Opponents said it's not local government's place to determine whom private business owners can hire and fire.

Petty's proposal would leave it up to the mayor to designate a civil rights administrator. Petty said he thought the administrator's duties could be handled without hiring additional employees.

Mayor Lioneld Jordan said last week he was pretty sure the city's head count would increase as a result of the proposal.

Aldermen left the proposal on its first reading Tuesday. It's set to be discussed again Aug. 5 and could receive a vote Aug. 19.

NW News on 07/16/2014

Upcoming Events