03-26-12 Common Council Meeting Minutes

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REGULAR MEETING MARCH 26, 2012 Kevin Mitschelen, 16061 Petro Drive, Mishawaka, Indiana, stated that he pastors a downtown church that often ministers to the homeless and other street people, said that everyone is broken inside including himself, but the government cannot heal the brokenness, only God. th Phil Niswonger, 741 S. 30 Street, South Bend, Indiana, stated that he has been citizen of South Bend for over 60 years. In American or anywhere in the World there should be no persecution, there should be no harassment and there should definitely no bullying. He is sensitive to that bullying because he was and educator for over sixteen (16) years in high school as well as the college level and that should not happen. It is a problem that we have in this country a lot caused by broken families. Also, he stated that he had the opportunity to be an employment counselor and in Human Resources for over twelve (12) years. He stated that he worked with the City of South Bend in employment counseling for seven (7) years. Recently, he has been the housing committee Chairperson, for the River Park Neighborhood Association for three (3) years and for two (2) years they have been working on a city ordinance for the third time now for the landlord tenant ordinance and hope to submit that to the Council pretty soon. In all of that time, and in all the education experiences, employment counseling experiences and housing experiences, he has not come across any cases where someone who was discriminated against, fired from a job as a result of their sexual orientation. The only except to that would be in the case of bullying and unfortunately some kids tend to bully someone who is rather shy or looks different, not necessarily because of their sexual orientation. A lot of time they don’t even know what that means at that point in their lives. He stated that there are existing protections especially in employment. If someone is fired from a job beyond their work job performance there are remedies for that and employers are very sensitive to that. He stated that people long for acceptance and that was mentioned a few times here this evening. He stated that he is sensitive to that, but on the other side he thinks that the primary reason for this ordinance is not for non- discrimination and personally feels that is a rouse and thinks that the ultimate purpose is two-fold, one to be accepted. Secondly there are unforeseen consequences that have been alluded to by the presenters here this evening and that are our values will decline will be undermined, the core values that formed our country and sustained our country for better or for worse. He stated that he thinks it’s a rouse because other state who have changed their marriage definition many of them have used this kind of ordinance as a base of operation to change the definition of marriage. He stated that if that is the case and the intent by some of the Councilmember’s or others in the audience that marriage can only be genetically consummated between opposite sexes. Pat Mangan in closing quoted from the Word of God on the sinfulness of homosexuality and said while God is merciful He is also just, and warned of God’s judgment. Mr. Mangan emphasized that this was the Word of God and not the work of man. In Rebuttal, Councilmember Gavin Ferlic reiterated that there is evidence as members of the South Bend Human Rights Commission continue to state that they receive reports alleging discrimination on the basis of sexual orientation and unable to investigate because they are not empowered to do so. He stated that the city has the authority to pass such a measure under state law and will be able to enforce it. He stated that those organizations whose beliefs oppose the gay lifestyle are exempt from any discriminatory prohibitions in the bill. Councilmember Gavin Ferlic stated that the Council can take action to allow the Human Rights Commission to address this discrimination. He stated that it is a matter of basic fairness to amend our City’s Human Rights Ordinance to prohibit discrimination on the basis of sexual orientation and gender identity. st Councilmember Scott advised that this is something dear to the constituents of the 1 District and also all the businesses that he has been in have taken this seriously and progressively. He did take the words from Dr. Fred Ferlic “that there should be no discrimination in a forward thinking city.” He thinks for us to get the most talented and the brightest people here we should have no barriers. He stated that he has a comment from one of his customers “ We sponsor twelve different employee resource groups that service as vital communication links between senior leadership ideas and thoughts of employees from various backgrounds and experience and ethnicity, gender, sexual 26