Hot Springs vote goes 6-1 for anti-bias law

HOT SPRINGS -- After more than an hour and a half of comments from supporters and opponents of a proposed anti-discrimination ordinance, the Hot Springs Board of Directors voted 6-1 in favor of the measure Tuesday night.

Mayor Ruth Carney was the lone dissenting vote.

Dozens of proponents and opponents of the anti-discrimination ordinance held a rally in front of City Hall before the meeting to express how they wanted the measure decided.

Several hours before the vote, about 150 people who arrived at City Hall to hear the discussion were left standing outside after the Hot Springs Fire Department limited the number of people inside the board chambers to 101, the maximum capacity of the room.

During the rally, the Rev. C.B. Baker, pastor of St. Luke's Episcopal Church, told The Sentinel-Record, "I certainly am for this, as is the vast majority of people at St. Luke's. I don't know of anyone that doesn't [support it]. We see this as a theological issue. It's about what is right for all of God's children to be treated with respect. So we're very supportive of this."

Several area legislators spoke against the measure Tuesday night. Among them, state Rep. Laurie Rushing, R-Hot Springs, said she was against the ordinance because "it actually promotes discrimination."

"Based on the way the ordinance is written, it promotes the city being able to say you can discriminate against someone; that a vendor can actually discriminate against someone based on their age or their religion, a pregnant person, or a veteran based on this bill. It doesn't cover all the protected classes that need to be covered. It doesn't encompass all the federally covered classes," she said.

State Rep. Mickey Gates, R-Hot Springs, said he is "definitely against" the ordinance.

"I think it's bad business to start regulating people's contracts," he said. "I think it puts in jeopardy the state of Arkansas' contract with the math and science school because Arkansas will not add this definition. It puts in jeopardy the jail because Garland County is not going to meet their demands and add this."

Gates said he would still oppose the ordinance even if it was amended to exclude municipalities, counties and other governmental units because "then they would be hypocritical."

When the ordinance was called to be heard, Carney asked for a motion to suspend the rules, which was approved, but requested that the ordinance be read in its entirety because many people may not be aware of what it contained.

The ordinance said the city will not discriminate against vendors, nor allow contractors with the city to discriminate in providing goods and services. Also, city employees will be prohibited from discriminating in providing services.

City Director Randy Fale made a motion, which was also approved on a vote of 6-1, to add another section that would exempt federal, state, and local governmental agencies and organizations that are nonprofit as designated by the Internal Revenue Service.

"The ordinance is about addressing activity by the city," Fale said. "My purpose in adding this is to make sure we're not attempting to control any other governmental entity."

City Director Becca Clark, the sponsor of the ordinance, presented an overview of why she felt the ordinance was necessary.

"It declares the city will not discriminate on basis of sexual orientation. This is the right thing to do, and it's good for business. Companies planning to come here want to be sure their employees are treated fairly. And I urge the board members to pass this ordinance and show everyone that the city welcomes everybody," she said.

City Attorney Brian Albright said the ordinance has nothing to do with marriage or the sanctity of marriage, but rather it concerns the city's employees and how they deal with others.

Carney said she is not aware of any discrimination by the city against anyone and that if that had occurred, there should be grievances filed.

"We need to know that," she said.

During the public discussion, one man said he had been walking downtown one evening when a sexual slur was shouted, and even though he didn't know who the slur was aimed at, he feared for his safety and felt he was powerless to do anything.

"This ordinance will send a message that Hot Springs appreciates diversity, which makes Hot Springs the city that it is," he said.

One woman said a reason that many gay people did not report discrimination, especially in their jobs, was because there would be retaliation and repercussions.

With more than 20 speakers addressing the board in the first hour and a half, those who spoke in favor of the ordinance said it was the right thing to do, it would be good for business and that, without the law, discrimination could be allowed.

Those who spoke against the ordinance argued it was unnecessary, it carried the possibility of unintended consequences and it would be overturned through a referendum.

State Desk on 05/07/2015

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