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03-26-12 Common Council Meeting Minutes
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03-26-12 Common Council Meeting Minutes
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REGULAR MEETING MARCH 26, 2012 <br /> <br /> <br /> <br /> <br />BILL NO. 09-12 PUBLIC HEARING ON A BILL OF THE <br />COMMON COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA, AMENDING VARIOUS <br />SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF <br />THE SOUTH BEND MUNICIPAL CODE BY <br />THE INCLUSION OF NEW PROVISIONS <br />ADDRESSING GENDER IDENTITY AND <br />SEXUAL ORIENTATION <br /> <br />Councilmember Varner, Vice-Chairperson, Personnel & Finance Committee reported this <br />committee held a meeting this afternoon and it sends this bill to the full Council with no <br />recommendation. <br /> <br />Councilmember Gavin Ferlic, 1610 Cedar Street, South Bend, Indiana, made the <br />presentation for this bill. <br /> <br />Councilmember Gavin Ferlic advised that he along with Councilmember’s Scott, Schey, <br />and Dr. Fred Ferlic are the sponsors for this bill. He stated that as Mayor Pete Buttigieg <br />noted in his swearing-in speech on January 2, 2012, “In setting the vision for local <br />government, it helps to recall why city government exists in the first place: to enable <br />people to go about their lives and focus on what really matters. Leading a healthy, happy <br />life is enough of a challenge without having to worry about basic services.” He stated <br />that it is in this spirit that the current South Bend Human Rights Ordinance should be <br />amended to prohibit discrimination based on sexual orientation and gender identity, and <br />to provide remedies for such discrimination occurring within the city limits. <br />Councilmember Gavin Ferlic focused on four points, the need for the bill, the bills legal <br />legitimacy, the remedies provided and the enforceability of the measure. He turned the <br />presentation over the Dr. Catherine Pittman to illustrate the need for the bill. <br /> <br />Dr. Catherine Pittman, Professor, St. Mary’s College, a Licensed Psychologist and a <br />member of the gay rights organization South Bend Equality who cited evidence of <br />discrimination against gays, most often in areas of employment. She used statistics from <br />Illinois, Iowa, and Indiana cities where similar prohibitions have verified cases of <br />discrimination. <br /> <br />Councilmember Gavin Ferlic then called upon City Attorney Aladean DeRose, to assure <br />the authority of the Council to adopt the bill. City Attorney DeRose cited under Indiana <br />State statutes the Council’s “home rule” powers and their legitimacy. <br /> <br />Councilmember Gavin Ferlic called upon IUPUI Professor and former Indianapolis City <br />Attorney Sheila Kennedy to address the bills enforceability. <br /> <br />Professor Kennedy said the federal courts have not challenged such bills where they <br />exist. She also said churches or religious based organizations whose beliefs oppose the <br />gay lifestyle are exempt from any discriminatory prohibitions in the bill. <br /> <br />Councilmember Gavin Ferlic in summary ended the presentation stating the form and <br />substance of the bill was drawn from legislation successfully passed and not challenged <br />elsewhere in Indiana. <br /> <br />Councilmember Dieter questioned how businesses could be prepared in such a short time. <br /> <br />The following individuals spoke in favor of the bill: <br /> <br />th <br />Mayor Pete Buttigieg, 14 Floor County-City Building, 227 W. Jefferson Blvd., South <br />Bend, Indiana gave enthusiastic support for the bill and promised to sign it. <br /> <br /> <br /> <br /> <br /> 10 <br /> <br />
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