07-26-10 Common Council Meeting Minutes

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REGULAR MEETING JULY 26, 2010 Joe Kernan, 114 E. Pokagon, South Bend, Indiana, stated that in the interest of full disclosure that his mother’s brother Tom a naval aviator in WWII, and an idol of his as it turned out later in life ended up with a life partner who happened to be an African American Cal Ashford. Mr. Kernan stated that there were 9 kids in his family all who loved Uncle Tom and Cal very much. They made each other happy and had a relationship that was very special in his family. He stated that he had just come from the Cove and this is the first time that he has been back in this room in over 14 years. He stated that the attendance tonight at the ballpark is 5,000. He stated that he employs over 100 people at the stadium and not once were they ever asked during their interview what their ancestors came from, racial make-up, age, who or what they worship, if they had any disabilities, nor were they asked what there gender identity or sexual orientation is. Mr. Kernan stated that frankly it is none of his business nor anyone else’s in the community unless and until someone has discriminated against in their ability to get a job. Those reasons have been around for centuries, it is now time to step up and protect every individual who is interested in getting employed. The failure to pass Bill No. 30- 10 sends the message that we as a community are intolerant. We are better that that, this is one of those time that comes around not very often when we get a chance to stand up and talk about what we believe in and believe is the right direction the right course of action to protect everyone who call this community home. He urged the Council to pass Bill No. 30-10 and recognize that this is an opportunity to do something that will have a tremendous impact going forward. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, stated that he rises in support of Bill No. 30-10. On June 24, 2009 he issued an executive order that prohibited discrimination based on sexual orientation or gender identity for the City of South Bend because he believed in his mind and heart that it is the right thing to do. He encouraged the Council to vote in favor of this bill. He stated that he has heard people debate whether this is pro-business or anti-business, and there will be many different opinions on that. Mayor Luecke stated that he believes that the more important issue is how the City of South Bend stands for employment fairness. This ordinance will not solve all of the problems on this issue in our community, but it does give an opportunity for those who have been discriminated against the ability to have conciliation through the Human Rights Commission. He urged the Council to vote in favor of this bill. Catherine Pittman, 2628 Summit Ridge, South Bend, Indiana, stated that the Council is going to hear negative comments tonight on this legislation. She stated that this legislation is not going to take an employers right to enforce a dress code or to object to behaviors that are of misconduct. But if an employer finds out that a female employee was born a boy should they have the right to fire that person. Or if an employers finds out that an employee loves someone of the same gender should they have right to fire that person. She stated that opponents to this bill will tell frightening stories about the transgendered community using the same bathrooms as everyone else. Yes, they use the same bathrooms as everyone else however, this bill has nothing to do with regulating bathrooms. She stated that opponents to this legislation will argue that this legislation is giving special rights and allowing members of the GLBT community to have certain jobs. She stated that they already have those jobs, they teach and coach the children of the community, they care for the elderly, they cut hair, they design homes, volunteer in the South Bend community and enjoy recreation in parks. She stated that they don’t want to destroy South Bend, they want to be a part of it, they want to work along side and be treated equally. Right now they don’t have that same right, because no one has said that they have that same right. She stated that the Council is the governing body to allow that same right. She urged the Council to give that same right of being allowed to be treated equally in the workplace. The following individuals spoke in opposition to the bill: 7