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03-26-12 Council Agenda & Packet
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03-26-12 Council Agenda & Packet
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See IDNR v. Newton Coun(y. 802 NE.2d 430(Ind. 2004) <br /> An impermissible conflict with.state law will be found if the Ordinance <br /> seeks to prohibit that which a statute expressly permits. The Home Rule <br /> Act explicitly denies this power to a county. [However] local <br /> governments may `impose additional, reasonable regulations...and <br /> supplement burdens imposed by non-penal state law, provided the <br /> additional burdens are logically consistent with the statutory <br /> purpose.' (emphasis added) <br /> See also. Rentuckiana Medical Center. LLC v. Clark County, 2006 U.S. <br /> Dis. LEXIS 3298 (S.D. .Ind. 2006)supra. T <br /> See also,Fort Wayne Metropolitan Human Relations Commission v. <br /> Marathon Gas Station 2010 Cause No. 02DO1-0812-CT-500 <br /> So what is the statutory purpose of the Indiana Civil Rights Act? <br /> Ind. Cod 22-9-1-2 states, "It is the public policy of the state to provide all of its citizens <br /> equal opportunity for education, employment, access to public conveniences and <br /> accommodations, and acquisition through purchase or rental of real property, including <br /> but not limited to housing, and to eliminate segregation or separation based solely on <br /> race, religion, color, sex, disability, national origin or ancestry, since such segregation is <br /> an impediment to equal opportunity."(emphasis added) <br /> While the statute lists specific categories of persons for whom the state wishes to <br /> eliminate segregation and denial of these rights, the final subsection of this statue states; <br /> "[t]this chapter shall be construed broadly to effectuate its purpose." <br /> Nowhere does the statute state that civil rights are limited to particular categories of <br /> persons. The Indiana Civil Rights Act does not include sexual orientation and gender <br /> identity as protected characteristics, but it also does not state that it is acceptable to <br /> discriminate because of these factors. Nor can it be said that the Indiana Civil Rights Act <br /> "expressly permits"discrimination on the basis of sexual orientation or gender identity. <br /> The courts have stated repeatedly that"an impermissible conflict with state law will be <br /> found if the Ordinance seeks to prohibit that which a statute expressly permits." There is <br /> no such conflict here. <br /> The "public policy statement"in IC 22-9-1-2 speaks of all citizens—not only those in the <br /> specifically enumerated protected classes. In broadest terms, the core statutory purpose <br /> is to end discrimination and provide equal opportunity in employment and housing for all <br /> of the State's citizens. <br /> 11 <br />
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