At-large Little Rock Director Joan Adcock has requested an opinion from the city attorney on how a state law banning localities from adding new classes of protection will affect a proposed city ordinance to extend Little Rock's nondiscrimination policy to contractors.
Adcock requested the opinion from City Attorney Tom Carpenter in an email sent before 4:30 p.m. Wednesday.
The ordinance, if passed at next week's city board meeting, would require businesses that contract with the city or any of its commissions to adopt a nondiscrimination policy that includes sexual orientation and gender identity protections -- two classes not listed in state law.
City Director Kathy Webb worked with the Little Rock Regional Chamber of Commerce to draft the ordinance. Webb announced she would propose the local legislation after the Arkansas Legislature passed Senate Bill 202 -- now known as Act 137 -- in February.
The act, which goes into effect 90 days after the Arkansas Legislature adjourns, states that cities and counties "shall not adopt or enforce an ordinance, resolution, rule or policy that creates a protected classification or prohibits discrimination on a basis not contained in state law."
There's an exception that allows cities and counties to have such policies if they are applied only to the locality's own employees. Little Rock already follows an employment policy that prohibits discrimination on a wide range of identifiers that aren't recognized in state law.
Webb's ordinance would require city contractors to agree to a nondiscrimination clause that is broader than the one listed in city contracts now. The clause would have the contractor agree to not discriminate based on "race, sex, color, national origin, gender, sexual orientation, gender identity or disability."
Adcock, the longest-serving member of the board, said at Tuesday's agenda-setting meeting that she could not vote for the ordinance if it forced private businesses to agree to the clause but would be supportive if the ordinance were merely suggestive.
Little Rock Mayor Mark Stodola and Carpenter told the board during the meeting why they don't think the ordinance will violate Act 137.
Both officials said that city contracts already require vendors to agree to follow all federal laws. They argued that the federal government already recognizes sexual orientation and gender identity discrimination as areas where employees can seek redress through the U.S. Equal Employment Opportunity Commission.
The commission's website states that while race, color, religion, sex, national origin, age, disability and genetic information are the only protected classes listed in U.S. law, the commission recognizes discrimination based on a person's sexual orientation or gender identity as sex discrimination.
"Basically all I see this ordinance as saying is: 'You're not going to violate federal law,'" Carpenter said Tuesday. "Federal law says you won't do these things, so we're not going to contract with you if you do these things. If we contract with you and find out you are doing these things, we're going to cancel the contract."
City Director B.J. Wyrick and City Director Erma Hendrix asked Carpenter whether the ordinance, if passed, would be nullified in late July when Act 137 goes into effect.
Carpenter said he doesn't think the measure would affect the ordinance because federal law is supreme. That would be his defense if the ordinance is challenged, he said.
Adcock's request Wednesday asks Carpenter to expand that explanation. She asked for an opinion "concerning the relationship" between the ordinance and Act 137.
State Rep. Bob Ballinger, R-Hindsville, who sponsored the legislation in the House, told the Arkansas Democrat-Gazette on Tuesday that the Little Rock ordinance operates in a gray area.
While the city can decide who it contracts with, it may "be getting close to running afoul of Arkansas law" by only contracting with entities that agree to back protections not covered under state law, Ballinger said.
Also Tuesday, the Family Council -- a conservative nonprofit that opposes abortion and same-sex marriage -- issued a statement against the ordinance, calling it unnecessary and saying there's no evidence that there is any employment discrimination against gays in Little Rock.
The Stonewall Democratic Caucus of Arkansas released a statement Wednesday countering that argument.
"Part of the ugliness of racism, bigotry and prejudice is that it is often 'unseen,'" Caucus President Tippi McCullough said. "Many members of the [gay, bisexual and transgender] community are afraid because by being open about their orientation or identity, they expose themselves to discrimination."
Little Rock Wastewater, which would be required to have its contractors agree to the new contract language, also said Wednesday that the agency supports the ordinance.
Other entities in Little Rock that are governed by city boards or commissions -- such as the Convention and Visitors Bureau and the Bill and Hillary Clinton National Airport/Adams Field -- also would be required to follow the contractor policy.
Metro on 04/16/2015