The Lowdown on Ordinance 119

Staff Photos Nick Brothers
Signs placed by the opposing advocacy groups for or against the repeal of the Fayetteville city ordinance 119 can be seen all throughout town.

Early voting is already underway for Fayetteville residents to vote for or against a removal of a controversial civil rights ordinance.

Voters looking to cast their ballots before the election can go to the Washington County Courthouse, at 280 N. College Ave., at the County Clerk’s office on the third floor of the courthouse between 8 a.m. and 4:30 p.m. through Friday and on Monday, Dec. 8.

On Dec. 9, the official election day, polls will be open from 7:30 a.m. to 7:30 p.m. To determine where your polling site is, that information can be found online at www.voterview.ar-nova.org.

It is important to note, a vote “for” on the ballot means a vote to revoke the ordinance. A vote “against” means a vote in support of keeping the ordinance.

Understanding the Ordinance

The ordinance, known as civil rights ordinance 5703, chapter 119, was passed into city law by the members of the Fayetteville City Council on Aug. 20 with a 6-2 vote. Open to public comment, the meeting lasted 10 hours. Dozens of those in favor and against the ordinance came out to speak to the mayor about their concerns and wishes for the city.

File Photo
Citizens lined up all the way out onto Mountain Street to get a chance to speak at Tuesday’s City Council Meeting. The line was steady for about 10 hours.

Essentially, the law proposes to extend the protected rights guaranteed to citizens in the Arkansas 1964 Civil Rights Act to include the categories of gender identification and gender preference — namely those who identify as lesbian, gay, bisexual or transgender (LGBT) — and socioeconomic background. It also extends employment protections for citizens from businesses with 15 or more employees to those with five, said Kit Williams, Fayetteville city attorney.

For example, if a person who identifies as LGBT gets fired by an employer or is denied housing solely for their gender preference, no legal recourse would be available for the person if the ordinance were repealed, said Ward 2 Alderman Matthew Petty.

As for socioeconomic background, the ordinance only prohibits discrimination on a person’s past. For example, a potential homeowner would have grounds for a discrimination case if they were denied housing because they used to live in poverty, despite currently having a job and a good credit score, Williams said.

Also, to facilitate potential discrimination cases, a civil rights administrator position would be created if the ordinance is voted to stay. Fayetteville Mayor Lioneld Jordan named City Attorney Kit Williams to fill the position for at least one year because of his background in law. The position is only meant to mediate disputes between a complainant and the person accused of discrimination. The position does not have the authority to prosecute anyone. That is up to the city prosecutor if they decide there is enough evidence to take up the case, Williams said.

If voters choose to vote against the repeal of ordinance 119, Fayetteville will join more than 185 cities and counties nationwide that have comparable ordinances that prohibit discrimination on the basis of gender identity for both public and private employees.

Arguments

Many have said the ordinance as it stands is incomplete and vague. A few City Council members, including recently re-elected Alderwoman Adella Gray, have said they will work to improve the ordinance if voted to stay.

In September, a group called Repeal 119 formed to petition for a repeal of the ordinance. They turned in more than 5,000 signatures, placing the enactment of the law on hold and pushing the ordinance to a public vote. The cost of a special election was speculated by the Fayetteville City Council to be up to $40,000.

Most notably in opposition, the Duggar family of Springdale, Ark. — who are featured in the television show “19 Kids and Counting” — and the Fayetteville Chamber of Commerce have been public about their opinion of the ordinance.

File Photo
Michael Collins, wearing a purple shirt to show that he opposed the ordinance, displays the mugshot of Christopher Hambrook, who was a man that abused transgender rights to use different bathrooms for disorderly conduct.

Michelle Duggar issued a robocall, a pre-recorded phone call, in August. In her message, she said the ordinance would allow for men claiming to be women to use public women’s restrooms or showers and make it easier for sexual predators to abuse people.

However, Arkansas state laws already prohibit people from attempting to enter the wrong bathroom for any unlawful purpose and that city ordinances do not trump state statutes.

Bill Bradley, chairman of the Fayetteville Chamber of Commerce, held a press conference on Nov. 7 to call for the repeal of of the ordinance. In his statement, he said the ordinance currently is “legally incomplete, vague or deficient.”

Several people who attended the Aug. 19 City Council meeting that were against the ordinance said that discrimination is not a problem in Fayetteville. However, there were 18 people who spoke about their own experiences of discrimination in Fayetteville and many said they “lived in fear” of homelessness or unemployment.

Another known argument for the repeal is the ordinance will cause problems for business owners who fire their employees for their performance, and the employee can then claim they were discriminated against. The civil rights administrator’s only authority is to oversee such claims and help rectify the situation, Williams said.