Council backs equal rights ordinance
Brissette: 'Justice for all, not just for some'

By Terry Dillman Of the News-Times
Newport News Times, OR
Posted: Nov 16, 2005

http://www.newportnewstimes.com/articles/2005/11/16/news/news06.txt

One small step by an Oregon coastal city might help lead to great
strides statewide.

That, at least, is the hope of Lincoln City officials, who
unanimously approved an Equal Rights Ordinance - the first of its
kind on the Oregon coast - in front of a full house audience at city
hall Monday night. The ordinance provides legal recourse - enforced
by the Oregon Bureau of Labor and Industries (BOLI) - for anyone
subjected to discrimination based on race, religion, color, sex,
marital status, national origin, age, disability, sexual
orientation, and gender identity.

"Such discrimination threatens not only the rights and privileges of
Lincoln City citizens, but also the institutions and foundation of
our community," the ordinance states.

"Furthermore, the city council finds that state law does not clearly
prohibit discrimination based on sexual orientation and gender
identity. It is the intent of the city council, in the exercise of
its powers for the protection of the public health, safety, and
general welfare, and for the maintenance of peace and good
government, that every individual shall have an equal opportunity to
participate fully in the life of the city, and that discriminatory
barriers to equal participation in employment, housing, and public
accommodation be removed."

Council member Rick Brissette summed it up precisely in urging
fellow councilors to vote in favor of the ordinance.

"Let us say no to discrimination and tell our citizens and the world
that we are truly honoring the last three words of the Pledge of
Allegiance: justice for all," he said. "Not just for some, but
justice for all."

A standing room only audience - most of them there to support the
ordinance - watched history in the making. Lincoln City became the
first small coastal community to join Ashland, Beaverton, Bend,
Corvallis, Eugene, Lake Oswego, Portland and Salem, as well as
Multnomah and Benton counties, in adding sexual orientation and
gender identity to existing non-discrimination policies.

Lincoln City entered into a required intergovernmental agreement
with BOLI to enforce the ordinance. BOLI Commissioner Dan Gardner
showed up Monday night to support the ordinance.

"These are basic civil rights protections that should have been in
place long ago," he said. "Ending discrimination based on sexual
orientation throughout Oregon is good public policy. It is
consistent with the existing civil rights protections that are
designed to protect our most vulnerable citizens."

Yet such protections are lacking elsewhere in the state.

Oregon's equivalent to the 1964 federal Civil Rights Act contains
the usual protections against discrimination based on race, color,
religion, sex, and national origin, but it's a bit murky in terms of
sexual orientation. The state act does make it unlawful "to
discriminate against an individual based on the sex of any person
with whom the individual associates" - what Gardner referred to as
an "association right." A 1998 Court of Appeals decision indicated
that if an individual is engaged in a same sex relationship - i.e.,
associating with another person of the same sex - an employer could
not discriminate against the individual based on that association.

According to Gardner, the court's interpretation has "various legal
limitations."

"It is a much clearer legal standard if the law expressly states
that sexual orientation is a protected class," he noted. "Until the
state enacts civil rights legislation prohibiting discrimination
based on sexual orientation, I am grateful that cities like yours
are considering adopting ordinances banning such discrimination.
This is wise public policy, in my opinion."

Brissette introduced the equal rights policy at the council's Oct.
24 session, calling it a "non-discrimination" ordinance.

He and others argue that society has proven obdurate enough in other
basic issues (access to public education, for example, or women's
right to vote) to require some form of legal action to enforce human
rights derived from common sense and common decency they say is,
unfortunately, not so common.

"As much as you may dislike hearing it, discrimination does happen
in our city, and we cannot ignore it," said Brissette.

While many folks - residents and non-residents alike - agree with
that assessment and the fact that much work remains in the seemingly
endless struggle against intolerance and prejudice, most of them
also agree Lincoln City has made considerable strides during the
past 25 years, and the ordinance is another milestone on the way to
a more inclusive community - an end to what Brissette's partner Dan
Beck called "quiet acquiescence."

"This community, overall, has been very good to us," said Beck, his
voice choked with emotion. "You have taken a stance for my humanity.
You are telling my community that within the scope of your reach,
you are making this an inclusive community. I'm grateful you are
willing to say no to hate."

Ken Hall, a Depoe Bay resident who works in Newport and shops and
worships in Lincoln City with his partner, called the council's
decision " a beacon on the coast.

"Every opportunity to have a government body say no to
discrimination is an opportunity we have to take," he said, noting
the ordinance "really sends a message that discrimination is not
acceptable."

A variety of individuals and organizations, including the Lincoln
City Chamber of Commerce board of directors, endorsed the ordinance.
To some observers, supporting such an ordinance seemed like such a
simple, no-questions-asked decision. Others questioned the need for
it.

Council members answered such criticism in expressing their support
for the ordinance in words, followed by unanimous action.

"It is important that we learn to treat each other respectfully,
despite our disagreements, and I believe that's what this ordinance
does," said Brissette.

Doug Holbrook mentioned Measure 36, Oregon's voter-approved ban on
gay marriage, and an "uninformed, appalling argument" he heard that
gays and lesbians should not receive "special rights" - the same
specious argument used in the 1960s battles over racial
discrimination. Holbrook said this ordinance - and other similar
government legislation - is not about special rights, but enforcing
rights that everyone deserves.

Ed Kuntz expressed frustration over having to create an ordinance
"to tell people how to live their lives."

While Kuntz considers ordinances governing behavior over-governing,
it's a necessary evil. Such interference, he added, stems from the
lack of people "accepting responsibility for their actions - things
people should be doing on their own and government should not have
to do." In the future, he hopes "we can start cutting back" on such
legislative remedies.

Wes Ryan questioned why state and federal governments haven't done
enough to end such discrimination.

"It falls to us to do what we can for this community, and the
citizens of this community," he said. "We will light a candle
against the night, and work to light other candles until we chase
all those shadows away."

"Discrimination hurts us all," said Hollingsworth, noting the
ordinance shows "we don't just talk diversity" in Lincoln City.
Brissette said it "reflects the heart and soul of the majority of
Lincoln City citizens."

After the vote, the majority of citizens present gave council
members a standing ovation.


Copyright C 2005 Newport News-Times