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Mayor Parker releases draft of non-discrimination ordinance

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Mayor Annise Parker

Mayor Annise Parker

Mayor Annise Parker today released a draft of her proposed Equal Rights Ordinance. The document is the result of more than two months of collaborative discussions with various stakeholders.

“As I stated in my State of the City Address earlier this month, the Houston I know does not discriminate, treats everyone equally and allows full participation by everyone in civic and business life,” said Mayor Parker. “We don’t care where you come from, the color of your skin, your age, gender, what physical limitations you may have or who you choose to love. It’s time the laws on our books reflect this.”

Houston is currently the only major city in the country without civil rights protections for its residents. The draft ordinance will prohibit discrimination in city employment, city contracting, housing, public accommodations and private employment at businesses with at least 50 employees. To avoid First Amendment issues, religious organizations are exempt from the definition of an employer.

Complaints about violations of the ordinance and decisions regarding prosecution are to be handled by the City’s Office of Inspector General and the City Attorney. If the subject of a complaint refuses to cooperate with an investigation, the City Attorney may ask City Council to approve the issuance of a subpoena to compel cooperation.

In addition, the mayor has the discretion to create an advisory task force to study and report on matters related to the ordinance.

“Equal protection under law is a cornerstone of our democracy and the Equal Rights Ordinance will help to ensure that all Houstonians are protected from discrimination,” said District C City Council Member Ellen Cohen, who has been involved in the drafting of the ordinance. “As the most diverse city in the nation, I’m pleased that we will offer these protections in public accommodations and employment to all our citizens.”

“This ordinance gives us another tool to demonstrate that Houston is a world class city that is open for business,” said District J City Council Member Mike Laster, who has also played an integral role in the drafting of the ordinance. “If you are willing to work hard, and treat your neighbors with respect and fairness, you will be welcome in Houston, and you will succeed in Houston!”

Mayor Parker intends to present the draft ordinance to City Council’s Quality of Life Committee on April 30. Consideration by the full City Council is scheduled for May 7. The ordinance may be viewed by clicking the Ordinance Feedback icon under the mayor’s photo on the homepage of the city’s website at www.houstontx.gov.

See here and here for the background. A direct link to the ordinance is here, and if you’re wondering why we need such a thing in Houston, I recommend you read this Equal Rights Ordinance Guide helpfully put together by the Houston Stonewall Young Democrats. As we know there had been some concern about private employers not being included in the ordinance, but as you can see that has been addressed. Nothing like a little public engagement on an important issue.

The Chron story gives us a feel for the lay of the land.

Parker initially had talked of creating a human rights commission to hear complaints, but that idea was left out of the proposal announced Monday.

[…]

Greater Houston Partnership President and CEO Bob Harvey said his group’s key concern with the idea had been the commission.

“At this juncture, admittedly upon a very quick review, I would say there is plenty in this proposal that we can support,” Harvey said, noting that a majority of GHP members already have anti-discrimination policies. “We now must take the time to review the proposal in detail, and we plan to take it before our board for discussion in the next several days.”

The Houston GLBT Caucus, during last fall’s elections, asked the mayor whether she would introduce, and council members whether they would support, a nondiscrimination ordinance; Parker and 11 council members said yes. Caucus President Maverick Welsh said he is pleased private employers were included.

“She kept her commitment to the GLBT community and I’m hoping the council members that made a commitment will keep theirs, too,” Welsh said. “Houston is competing with other cities for the best and brightest talent out there and if Houston has these protections in place we’re more competitive and welcoming.”

Councilman Michael Kubosh said he is concerned Parker is stressing the ordinance’s sweep when her goal is adding protections for gay and transgender residents. If accurate, he said, that is where discussions should focus.

“The mayor needs to come out and just say what it’s really about. Let’s start from there and go on,” Kubosh said. “The most important thing is transparency.”

Councilman Jack Christie said the draft’s dropping of a commission makes it an improvement over earlier discussions.

“Just have direct access to the city attorney, if the state and federal hasn’t helped you,” Christie said. “I just don’t hear that much discrimination, but if there is, if there’s less than 1 percent, we need to stop that.”

There was a quote in there from one of the usual suspects that can be summed up as “haters gonna hate”, but beyond that I find these reactions to be encouraging, and boding well for passage. Still, I am sure there will be more opposition now that this is out, and I’m sure some members of Council will need a bit of pushing, so don’t quit engaging just yet. Just remember, when the predictions of doom and employers fleeing and whatever else begin to crop up, plenty of other cities in Texas and elsewhere have passed ordinances like this one, and last I checked the earth was still rotating on its axis. Nothing bad will happen, but a lot of good will. Texas Leftist, Lone Star Q, Texpatriate, TransGriot, and PDiddie have more.

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