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Discrimination ordinance hits council

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Last edited 2:02 p.m., Aug. 14, 2012

Passions were high at last night’s Springfield City Council meeting as 62 business owners and residents voiced their support and opposition for an ordinance that would permit the Mayor’s Commission on Human Rights to investigate cases of discrimination in matters of housing, employment or public services based on sexual orientation and gender identity.

Roughly 60 percent of the speakers at the public hearing said they support the move to protect members of Springfield’s lesbian, gay, bisexual and transgender community by adding sexual orientation and gender identity to the city’s nondiscrimination ordinance.

Several of the 77 citizens who signed up to speak on the measure waited outside after Fire Chief David Hall said two overflow rooms had filled and City Hall had reached capacity. City Clerk Brenda Cirtin called speakers four at a time, so those in other parts of the building or outside could move to the third-floor meeting to address council members, and council limited speakers to three minutes to adequately hear from the large number of citizens.

Business owners and landlords who opposed revising the ordinance said the changes would infringe on their rights as owners and operators.

Longtime Springfield attorney Dee Wampler said giving Mayor's Commission investigators access to private business files is unconstitutional.

“The ordinance says they shall have access. Well, you can’t do that,” Wampler said, adding that the volunteer board also has no right to hear testimony from the parties involved in a discrimination claim. Councilman Jeff Seifried asked Assistant City Attorney Nancy Yendes to provide council with a report by the next meeting that examines any legal issues the ordinance may raise.

Phyllis Netzer, a landlord and Murney Associates real estate agent, said she was pleased the city was fighting discrimination.

“In 1927, I would not have been issued a real estate license. I feel that issue of discrimination is no different,” Netzer said.

Deborah Good, who described herself as a teacher and former small-business owner, said no one should have to face discrimination based on sexual orientation or gender identity.

“I don’t know how many have been discriminated against in our community, but I know how many should be and that’s none,” Good said.

Former Councilman Nick Ibarra said he hopes his former council colleagues would not strip the rights of business owners to operate their organizations according to their beliefs.

“If the government has the right to violate personal beliefs, then I ask what rights can’t the government violate?” Ibarra said.

Speakers such as Lela Panagides, a former Microsoft executive and current CEO of Springfield-based Leap Into Leadership, said businesses are stronger when they are diverse and inclusive. Others such as Emily Church, owner of Everything Kitchens LLC, said the government should not be allowed to limit religious beliefs to only religious institutions or the four walls of a church building.

Currently, the city’s nondiscrimination ordinance prohibits discrimination in housing, employment or public accommodations based on race, creed, color, gender, religion, disability, familial status, national origin or ancestry. Those who feel they have been injured by a discriminatory practice may file a complaint with the commission. After an investigation and/or attempts to mediate between parties, the commission can recommend the city prosecutor’s office conduct its own investigation and bring a civil action. Penalties include a fine of up to $1,000 or up to 30 days in jail.

The ordinance offers exceptions for religious-based organizations, such as Assemblies of God, allowing them to prefer employees who promote values in concert with its institutional aims.

A continuation of the public hearing and second reading of the bill is scheduled for the Aug. 27 council meeting.

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