Anti-bias law opponents hand in 5,714 signatures

Opponents of Fayetteville's anti-discrimination ordinance turned in petitions Saturday in an attempt to place the new law on ballots so voters could repeal it.

The group, Repeal 119, turned over 802 petitions with 5,714 preliminary signatures to the city clerk's office Saturday, City Clerk Sondra Smith said after reviewing the petitions twice. If more than 4,095 of the signatures are found to be valid -- 15 percent of the city's registered voters -- Fayetteville residents will vote in a special election to decide whether to repeal the law.

"If we really care about equality and fairness, then we should bring this ordinance up for a vote and let everyone in Fayetteville have an equal say on it," the group said in a joint statement Saturday from residents, business owners and religious leaders. "That is fair."

On Aug. 20, Fayetteville became the first Arkansas city to adopt an ordinance to prohibit discrimination on the basis of gender identification and sexual orientation. In doing so, the city joined nearly 200 other cities and counties nationwide that have similar laws.

The law is set to go into effect Monday, City Attorney Kit Williams said. But if the city clerk's office verifies more signatures than the required amount, the start of the ordinance will be delayed until the votes in the special election are counted, Assistant City Attorney Blake Pennington said Friday.

The clerk's office has 10 days to verify the petition signatures and will begin that process Monday, Smith said. That process includes checking whether the person signing the petition is a registered voter and whether that person resides in the city.

The special election would be set either for Dec. 9 or Jan. 13, Williams has said.

The Fayetteville City Council passed the ordinance in a 6-2 vote Aug. 20 after a marathon meeting with 10 hours of public comment. The Washington-based Human Rights Campaign helped draft the ordinance, which originally was 11 pages, Williams has said, adding that city officials pared it down.

The Human Rights Campaign, a civil-rights group, plans to spend $8.5 million during the next three years in Arkansas, Alabama and Mississippi to advocate for "lesbian, gay, bisexual and transsexual equality," the group has said.

State and federal laws prohibit the hiring, firing and eviction of people on the basis of age, sex, national origin, race, religion or disability. Fayetteville's ordinance sought to add protections on the basis of sexual identification and sexual orientation that weren't covered in the state and federal laws.

The law -- which applies to the city, its employees and contractors who do business with the city -- also will include protection from discrimination on the basis of ethnicity, familial status, marital status, socioeconomic background and veteran status. The law will not apply to federal, state and county offices, along with public educational institutions within the city.

It also excludes religious or denominational institutions, except to prohibit discrimination against employees who perform no religious duties. The Fayetteville council also created an exemption for "sincerely held" religious beliefs. Under that exemption, for example, those intimately involved in a wedding, such as a photographer or singer, could refuse to provide services to a gay couple. But those in the periphery -- a baker or florist -- could not.

Under the ordinance, Fayetteville Mayor Lioneld Jordan can appoint a civil-rights administrator, who will receive, investigate and resolve complaints of discrimination. Violating the ordinance carries a fine of up to $500, though city codes say repeated offenses could cost $250 a day.

Jordan has named Williams, the city attorney, as the civil-rights administrator. Williams will serve in that position for the first year the law is in effect.

The Arkansas chapter of the American Civil Liberties Union had expressed its support of the ordinance.

But opponents have said the law is unnecessary.

Jerry Cox, the Arkansas Family Council Action Committee's executive director, said supporters of the measure couldn't produce instances of discrimination based on sexual orientation or gender identity. Opponents also have expressed concerns about safety for women and children, especially in bathrooms.

"At the end of the day, I believe it's a solution in search of a problem," Cox said Saturday.

Shortly after the council passed the ordinance, residents, business owners and religious leaders in the Fayetteville area sprang into action. Repeal 119 circulated petitions for about 20 days to gather the signatures to place the measure on the ballot.

Cox, who helped to advise the group, said he understood most of the signatures were from church members in the Fayetteville area. Some 60 churches were involved in circulating the petitions, he said.

Repeal 119 verified the signatures as the group collected them, Cox said.

"At the time they were checking them, the pages were running about 80 percent good," he said. "It could drop down to 75 percent, and they would still have more than enough."

The group turned in the petitions to the city clerk about 1:30 p.m. Saturday, Smith said.

The group's officers and three City Council candidates who oppose the ordinance held a news conference at City Hall afterward. The group said the city is "already a diverse and welcoming place," according to a news release.

"Some have said this ordinance is about equality, but equality means that everyone gets treated fairly," the release states.

The group, along with Cox, remained confident Saturday that voters would overturn the ordinance.

"I believe the concern about the ordinance on the part of the citizens of Fayetteville outweigh any support of the ordinance," Cox said. "Special elections, more than any other, are about who votes. But again, I would give the advantage to the people who want to repeal the ordinance because they're the ones who are outraged at this ordinance. At a special election, it's usually the people who are more fired up that carry the day."

Metro on 09/21/2014

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