CONWAY -- Supporters of Conway's new ordinance expanding a ban on discrimination against city-government employees to include sexual orientation and other factors gave the City Council and the mayor a standing ovation.
Many of the opponents quietly left the crowded room after aldermen voted 6-2 on Tuesday night for the ordinance advanced by Mayor Tab Townsell and for an accompanying emergency clause. Aldermen Mark Ledbetter and Mary Smith voted no.
Approval followed a roughly two-hour public hearing during which two state legislators -- Sen. Jason Rapert, R-Bigelow, and Rep. David Meeks, R-Conway -- were among those opposing the measure.
Those speaking for the proposal included John Schenck, who along with his partner, Robert Loyd, organized the city's first gay-pride parade in 2004.
"This is 2015, not 1915," Schenck said.
Alderman Theodore Jones Jr., who said he is "pro-equality," spoke moments before the vote.
"I know about discrimination. I lived it," said Jones, who is black. "Everyone should have an equal playing field."
The new ordinance adds sexual orientation, "gender identity or expression" and genetic information to the reasons the local government may not discriminate against its employees.
According to the Conway city government's website, the city already banned discrimination "on the basis of race, sex, color, age, national origin, religion, or disability" in its employment practices.
The new ordinance says in part, "The City of Conway is committed to adding equal opportunity employment opportunities without regard to race, color, religion, gender, national origin, age, disability, sexual orientation, gender identity or expression, genetic information, marital status or status as a covered veteran in accordance with applicable federal, state and local laws governing non-discrimination in employment."
Rapert urged the City Council to postpone a vote and give more time for public input on the measure or "vote it down."
He said a man who wants to be a woman might choose to use a women's restroom, where women could see the man unclothed. If the city forbade the man from using the women's room, the man could sue, Rapert said.
Moments later, Kathryn Spinks, a Conway Democrat, stepped up to speak for the expanded ban and said, "I'm 62. I've never, ever had anyone of any gender come in front of me naked in a restroom." Laughter followed.
Spinks and Rapert have clashed before. In 2013, Rapert objected to then-Gov. Mike Beebe's appointment of Spinks to the state's Occupational Therapy Examining Committee. In Arkansas, a senator's objection effectively amounts to a veto.
Earlier, Alderman David Grimes had asked the mayor, "Can you make one other point clear: This has absolutely nothing to do with restrooms?"
Townsell replied that the issue of transgender people and restrooms already exists, regardless of this ordinance.
None of the speakers said they favored discriminating against anyone because of sexual orientation, although some said the ordinance would send the wrong message, was unnecessary, would cause problems or would lead to lawsuits. A couple of speakers suggested leaving the ordinance as is or just saying don't discriminate against anyone rather than specifying groups.
One man who said he is a pastor said he was not homophobic, but the ordinance concerned him.
"This is a matter of conviction upon morality," he said. "If you make a decision because it is fiscally better, God help us."
Some supporters, including the mayor, had earlier said the measure was important to economic development, as many large companies consider such factors before moving to a city.
Townsell said Wednesday that there is "general public debate as to what government can do and can't do as to religion," based on the U.S. Constitution.
"But it's pretty clear government can't establish religion -- to [decide], for instance, whose god [will be worshipped], what's moral. ... That's not my role" as a public official, although it can be as an individual, he said.
State Desk on 02/26/2015