03-26-12 Common Council Meeting Minutes

Home Browse Search

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