Staff Photo Nick Brothers
Danielle Weatherby (left) and Kyle Smith (right) of For Fayetteville celebrate after just receiving the news that Ordinance 5781 had passed by popular vote Tuesday.
Here’s looking at you, all you Fayetteville LGBT people. The Uniform Civil Rights Protection ordinance was approved by popular vote Tuesday.
The final, but still unnofficial results from the Washington County Election Commission showed that 7,666 voters (53 percent) cast ballots for the ordinance and 6,860 voters (47 percent) voted against.
Only 14,593 (30 percent) registered voters participated in the election out of 49,634.
The voting for Ordinance 5781 this time around was a reversal of the voting on Dec. 9 in 2014. In that election, 14,580 residents voted and the majority repealed the city’s Civil Rights Administration ordinance 52 percent to 48 percent.
Danielle Weatherby, assistant professor of Law at the University of Arkansas, helped draft the civil rights ordinance along with alderwoman Adella Gray and alderman Matthew Petty. She was present at the Washington County Courthouse to see the results firsthand.
“I was thrilled (when the results came in),” she said. “This is a city that really values tolerance and inclusiveness. It showed today in the overall vote on the ordinance.”
The new law will go into effect after 60 days. Once inacted, the ordinance will prohibit business owners and landlords from refusing service or denying housing to people because of their sexual orientation or gender identity. If discriminated against on those grounds, those with clear evidence can appeal to a civil rights commission where their case may be accepted and a mediation could commence.
According to the ordinance, the commission will consist of two representatives of the business community; two owners or managers of rental property; one representative with experience in Human Resources or employment law; two citizens at large, at least one of whom identifies as gay, lesbian, bisexual, or transgender.
Each complaint will enter into a mediation period where both the complainant and the accused will be heard. If the matter can be resolved in the mediation period, no charges will be applied and no further action will be taken.
The legal punishment under the ordinance for a person who is found guilty of discrimination is a city penalty — not a misdemeanor or felony. The fine for the penalty would amount up to $100. In order to determine whether or not claims of discrimination are legitimate, a Civil Rights Commission group of citizens with relevant experience would be formed to review complaints of alleged discrimination.
Pretty much all religious institutions, Churches, religious schools and daycare facilities will be be exempt from the new law.
“The other side did not say ‘now that this issue has been settled’ when we won by 800 votes last time,” said Protect Fayetteville’s official Facebook page administrator in a post. “This issue is just getting started.”
