Petitioners Seek Civil Rights Referendum In Fayetteville

FAYETTEVILLE -- Efforts to repeal a contentious Civil Rights Administration ordinance are under way.

Petitions have been circulating about a week to refer the ordinance to a public vote, according to two attorneys and several residents opposed to the ordinance. Petitioners have until Sept. 20 to force a special election.

The City Council approved the Civil Rights Administration ordinance nearly three weeks ago after a meeting that included nearly 10 hours of public debate.

The ordinance prohibits specific types of discrimination based on someone's race, religion, gender, sexual orientation, gender identity, socioeconomic background, veterans status and several other characteristics. It also creates an administrative position to field and mediate complaints.

Kit Williams, city attorney, agreed to take on the position Thursday. In cases that can't be mediated between the business and the person making the complaint, the city prosecutor can take on the case and seek fines up to $500.

Like all city ordinances, the measure is scheduled to take effect 31 days after passage. It can be challenged before then with a successful petition drive.

State law requires signatures from 4,095 registered voters for a public referendum to be held. That is the amount equal to 15 percent of ballots cast in the last mayoral election.

The City Clerk's office would have 10 days after petitions are submitted to certify the signatures, Williams said. A special election must be held within 120 days of the certification.

Travis Story, a lawyer with the Story Law Firm in Fayetteville, said Wednesday petitioners are requesting a Dec. 9 referendum. Story said 10,000 petitions have been printed and his office has been flooded with people wanting to sign or distribute petitions.

Story didn't provide numbers for how many signatures have been collected, and he wouldn't say where volunteers will be canvassing during the next two weeks.

"We've had huge interest from the business community, and we've had a lot of interest from churches," Story said.

"We want signatures from everyone who's interested in having their voice heard as a Fayetteville voter," he added. "People just want to have the right to choose for themselves."

The City Council had the option Aug. 19 of referring the issue to a public vote. Alderman Justin Tennant proposed an amendment to place the ordinance on the Nov. 4 general election ballot.

Tennant's amendment failed, 6-2. Tennant and Martin Schoppmeyer, fellow Ward 3 alderman, voted for the amendment.

"I think that the people who have spoken, at least to me, from both sides have said, 'We want our voices heard, regardless of how you're going to vote,'" Tennant said Aug. 19.

Aldermen Rhonda Adams, Adella Gray, Mark Kinion, Alan Long, Sarah Marsh and Matthew Petty voted against the amendment.

"It's not always easy being elected," Petty said at the time. "But it's your job to make decisions."

Laurent Sacharoff, an associate law professor at the University of Arkansas, told the council he understood the underlying intent of Tennant's amendment. But, he added, "The one time in which democracy fails us throughout history is when the rights of minorities are at issue."

Voters in November 1998 rejected a "human dignity" resolution, 7,822 to 5,736. The City Council in April 1998 approved the resolution, which would have added "familial status" and "sexual orientation" to a nondiscrimination policy for city employees. The next week Mayor Fred Hanna vetoed the resolution. And after the City Council overrode Hanna's veto, the issue was put to a public vote.

Opponents of the Civil Rights Administration ordinance who spoke Aug. 19 said they thought the most recent proposal would fail in a citywide vote.

Petty, the ordinance's sponsor, said he wasn't so sure.

"I believe we have a majority support of the public, and we've had that for some time," Petty said.

If the Sept. 20 deadline for a public referendum isn't met, the ordinance could be challenged via a petition drive at a later point -- just like any city ordinance.

Williams said the requirements for an initiative, rather than a referendum, are basically the same. The same amount of signatures are required. Instead of a special election, the issue would appear on the next general election ballot, which would be November 2016, Williams said.

Another option for ordinance opponents would be a legal challenge.

Stephanie Nichols, an attorney from northeast Arkansas who said she's representing about 60 city residents, including veterans, said Wednesday, "If the petition drive is unsuccessful, I do believe a lawsuit would be likely."

Nichols said her clients are particularly concerned about private business owners, such as a baker or florist, being compelled to provide services to a gay or lesbian couple against their religious beliefs.

"We shouldn't force a person of faith who doesn't believe in participating in same-sex ceremonies to host one or participate in one against his or her personal religious beliefs," Nichols said. "We are a society built on freedom of belief. It is outrageous that the city of Fayetteville would choose to impose criminal penalties on people because they have different beliefs than the city regarding human sexuality."

City Clerk Sondra Smith said Friday afternoon no petitions had been turned into her office. She said the clerk's office will remain open on Saturday, Sept. 20, the day the ordinance is set to take effect, in case petitions are submitted then.