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A case for all: The municipal pursuit of statewide LGBT equality

Posted 1/28/19

[caption id="attachment_11270" align="aligncenter" width="600"] The rainbow flag is a symbol of lesbian, gay, bisexual, and transgender pride and LGBT social movements in use since the 1970s with …

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A case for all: The municipal pursuit of statewide LGBT equality

Posted
The rainbow flag is a symbol of lesbian, gay, bisexual, and transgender pride and LGBT social movements in use since the 1970s with colors representing sexuality, life, healing, sunlight, nature, art, harmony and spirit. (Photo courtesy of Ludovic Bertron at Flikr.com) “We’re open for business!” is the message elected leaders of Arizona want to be sending to people of all walks of life, but not all decision makers feel an official welcome wagon for those who identify as lesbian, gay, bisexual or transgender is necessary to convey that mantra. In all Arizona cities and towns it is illegal to fire a human being from employment, turn away a person from public accommodations or from housing opportunities due to the color of their skin or religious practice. But in some Arizona cities and towns it is legal to fire a person from gainful employment if this person identifies as a member of the lesbian, gay, bisexual and transgender community. In addition, in Arizona, housing and public accommodations are not guaranteed by right to the LGBT community. Today, there are five Arizona municipalities offering a comprehensive LGBT non-discrimination ordinance --- Flagstaff, Phoenix, Sedona, Tempe and Tucson --- but the city of Scottsdale does not count itself as one. However, as a new Scottsdale City Council takes the reins of City Hall, 3939 N. Drinkwater Blvd. one member of City Council is hopeful a new push for statewide protections may emerge at the Arizona Legislature. Scottsdale City Council has adopted the support of legislation to prohibit discrimination in the workplace, housing and public accommodations based on sexual orientation or gender identity as a key position for the first regular session of the 2019 Arizona Legislature. The idea of a statewide LGBT nondiscrimination ordinance is nothing new, but what is new is the growing perspective on how the issue might have economic implications meanwhile the chorus of local municipal support seems to be growing. From the streets that Herb Drinkwater built to Mainstreet Mesa local figureheads seem affixed on what they say is “doing the right thing,” while some at the Arizona Legislature are supportive but unsure a statewide measure is necessary. Angela Hughey, ONE Community president and co-founder, says over the last several years LGBT advocates have come to the resolution patchwork legislation isn’t effective. Angela Hughey ONE Community, which began in 2008, has evolved into a member-based coalition of socially responsible businesses, organizations and individuals who support and promote diversity, inclusion and equality for all Arizonans, officials there say. “We do, think that the statewide update to the current nondiscrimination ordinance is the best choice,” she said. “If you are LGBT, your rights shouldn’t be determined by what ZIP code you are in.” In February 2013, ONE Community launched the UNITY Pledge --- which the city of Scottsdale participated in --- a concerted effort by Arizona businesses and individuals to advance workplace equality and equal treatment in housing and public accommodations for lesbian, gay, bisexual, and transgender individuals. Ms. Hughey says the state of Arizona could be at a significant disadvantage to other more proactive states.
“When we look at the region we are in we are competing with some of the top talent of the country,” she said. “And, a lot of states already have updated their laws to include the LGBT population. Updating our statewide policies helps us rebrand and really puts us in a position that says we are really open for business.”
But although municipal leaders are supportive of a statewide ordinance that prospect seems to be fueled with the reality local government isn’t too willing to enact rules of their own. Two members of the Arizona House of Representatives say they expect to co-sponsor a bill seeking statewide LGBT protections, but another member says it isn’t needed pointing out the economic impact argument doesn’t hold water. Scottsdale Councilwoman Virginia Korte has remained dedicated to the ideal all within Arizona municipalities ought to have civil rights guarenteeing equal opportunity to employment, housing and public accomodations. (Independent Newsmedia/Arianna Grainey)

Steadfast to an assertion

Scottsdale Councilwoman Virginia Korte continues to remain steadfast to the assertion LGBT workplace protections are vital to the future economic prosperity of Scottsdale, but also Arizona. “The City Council voted 6 to 1 on a resolution to support a statewide non-discrimination ordinance,” Ms. Korte said. “Whereas, three years prior to that City Council voted 5 to 2 to not create a citywide non-discrimination ordinance.” In June of 2015, the city of Scottsdale sent a letter to 88,000 utility customers encouraging residents and proprietors to sign the pledge and join the council in its support of LGBT rights. The effort resulted in more than 50 hateful letters returning to City Hall, officials said. But with no evidence of any actual LGBT discrimination, city leaders were reticent to pursue a citywide ordinance providing workplace protections for all employees within city limits. A 2017 Equal Employment Opportunity Commission complaint filed against an Old Town establishment for LGBT harassment did not change the political tune, Ms. Korte says. Furthermore, Scottsdale municipal employees already enjoy LGBT workplace protections. In December 2007 the city adopted Ordinance No. 3765, which prohibits any city employee from discriminating against another employee based on sexual orientation and gender identity. But when asked if Arizona needs a statewide nondiscrimination ordinance, Mr. Korte replied, “A very strong, yes.” “It is not only the right thing to do but there is also an important economic impact for not having an NDO,” she pointed out. “The LGBT demographic --- the people --- are not protected and are often discriminated agaisnt in the workplace, in housing and public accommodations. Do we think visitors are not LGBT? Those individuals are looking for a safe place to visit. It helps to attract visitors and I also believe the lack of an NDO impacts our ability to attract talent.” Mesa Mayor John Giles (Submitted photo) For Mesa Mayor John Giles the issue is simple: this comes down to civil rights. “What we are talking about here is civil rights --- this is about constitutional rights,” Mr. Giles said. “As Americans we all ought to agree that we are entitled to these certain rights. That is the first and most compelling reason.” But for Mr. Giles another factor speaking to the necessity of a statewide non-discrimination ordinance is an economic one. In August 2018 Apple Inc. --- the iconic American technology company --- unveiled its $2 billion investment in a global data and command center within the municipal bounds of the city of Mesa. Mr. Giles is largely credited with helping to usher in the deal through discussions with Apple leadership.
“I have had talks at every level of Apple, and I have been invited to Cupertino. I have met all of the highest officials,” he said. “And, I will tell you, in every meeting I have ever had with them the issue we are discussing has been discussed.”

Mr. Giles believes Apple is a prime example of the kind of businesses and talent the state of Arizona is looking to attract. “Apple is a good example of a national and international business we are looking to partner with,” he said. “They are very concerned about civil rights.” However, Mr. Giles does admit the city of Mesa does not have a citywide LGBT non-discrimination ordinance but offers those protections to its employees and the City Council is a proud supporter of the UNITY Pledge. “We considered adopting a citywide ordinance about a year ago, but we made a more strategic decision to support a statewide resolution by encouraging the League of Arizona Cities and Towns to take a position on it.” The Arizona League of Cities and Towns has the support of a statewide LGBT non-discrimination ordinance on its current 2019 legislative agenda, officials there say.

The statehouse

Two members of the Arizona House of Representatives say an update to state law to offer workplace, housing and public accommodation protections for the LGBT community is the right thing to do while another isn’t so sure a statewide measure is the best answer. Jay Lawrence For Jay Lawrence, a member of the Arizona House representing District 23, he doesn’t believe the idea will come to fruition. “I couldn’t say how others would deal with that, but no, I don’t believe that is needed,” he said of the prospect of an update to the state law. “I think citizens of our community are treated equally before the law. I don’t think we need to add equality to where there is already law.” Mr. Lawrence says he has yet to learn of a community opting to not doing business in an Arizona municipality due to the lack of a statewide LGBT non-discrimination ordinance. “I think it all depends on the corporation itself,” he said. “I don’t know any company that has thus far turned down a community because it does or does not have an NDO. I know Scottsdale does not have one yet so many companies don’t have problems dealing with Scottsdale.” Mr. Lawrence says if a situation were to arise then the Legislature ought to look at the issue.
“People may be creating a problem where none exists,” he said. “If a corporation claims they won’t deal with the community because they don’t have the an NDO then we will look at it. If a law or non-law gets in the way of a company locating in a particular city that city should decide whether or not it wants to amend, change or adopt that law.”
Mr. Lawrence says a statewide non-discrimination ordinance could, to some, be viewed as another example of state government overreach. “Is this where the state shouldn’t necessarily be telling individual cities and towns what to do?” he asked. “If they decided to put it into a vote of their community that is up to them. I think that makes sense, I am not for or against that legislation. It just gives the communities the right to determine that for themselves.” Kelli Butler For Kelli Butler, a member of the Arizona House of Representatives representing District 28, an update to statewide law offering protections to the LGBT community sends the message the state of Arizona ought to be sending. “I support cities and towns, but I think that this is an important issue for everyone and that we need to send the message Arizona, as a state, is open for business,” she said. For Ms. Butler, the establishment of equal protections for all who call Arizona home is a transcending issue. Aaron Lieberman “It is an economic issue, it is a human issue and it should be a non-partisan issue,” she said. “Discrimination is bad for business and it is bad for people.” Ms. Butler and Aaron Lieberman, who also represents District 28 at the Arizona House, say they will be co-sponsoring a bill to encourage an update to state law offering workplace, housing and public accommodations considerations for the LGBT community. “I just come at this from a very basic perspective, no one should be discriminated against because of who they love,” Mr. Lieberman said.