MINUTES OF A PUBLIC FORUM HELD BY THE MAYOR AND COUNCIL OF THE

TOWN OF CHAPEL HILL, NORTH CAROLINA, WEDNESDAY, MARCH 2, 1994

Mayor Broun called the forum to order. Council Members in attendance were Joyce Brown, Joe Capowski, Mark Chilton, Pat Evans, Lee Pavão, Barbara Powell, Jim Protzman and Rosemary Waldorf. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller and Town Attorney Ralph Karpinos.

Town Manager Horton provided a brief overview of the proposed Orange County Human Rights Ordinance, noting that it principally covered alleged discrimination matters pertaining to personnel, housing and public accommodation. He stated that the proposed ordinance could not apply to the portion of the Town located in Durham County. Mr. Horton said this evening's forum might help the Council decide whether the proposed ordinance would make matters better, worse or about the same relative to human rights concerns in Orange County.

Orange County staff member Lucy Lewis said the Orange County Human Relations Commission had established that the human rights of County residents were not being adequately protected by existing Federal law. Ms. Lewis added that the proposed County Human Rights Ordinance was based on New Hanover County's existing ordinance. She stated that sexual orientation was not a protected category since the General Assembly had not passed a statute enabling such protection. Ms. Lewis also said the proposed ordinance contained remedies and prohibitions similar to existing Federal laws. She stated that the proposed administrative process for handling complaints provided for local government (Orange County) compensation of $1,200 for completed housing cases and $450 for employment cases. Ms. Lewis said that complaints could be handled more quickly and effectively at the local level than at the national level.

Orange County Attorney Jeff Gledhill said the proposed ordinance would cover all local government employees with the exception of Orange County employees. He stated that the County could enter into a deferral agreement with a third party to handle matters involving employment complaints by Orange County employees.

Quentin Baker, Chair of the Orange County Human Relations Commission, requested the Council to support and adopt the proposed ordinance. Mr. Baker noted that thirty years ago as a member of the Town's Freedom Committee, he had requested that the Board of Aldermen adopt an ordinance to eliminate discrimination in public accommodation. He added that adoption of the proposed ordinance would assert that the community was committed to fairness and non-discrimination. Mr. Baker urged the Council to seriously consider and adopt the proposed ordinance.

Doug Ferguson, representing the Orange County Bisexual Gay and Lesbian Alliance, said the proposed ordinance would provide a more efficient mechanism for handling discrimination complaints. Mr. Ferguson said the proposed ordinance was not complete since it did not cover sexual orientation concerns. He suggested that the Council propose a comprehensive civil rights ordinance at the next legislative session, including protections for gays and lesbians.

Joe Straley representing the Charles F. Jones Peace and Justice Committee, said he supported the ordinance although it broke no new ground. He added that the proposed ordinance did not impinge on any rights to free speech. Mr. Straley stated that law at its best was a civilizing tool which did not curb the freedom of individuals. He also said the breakdown of civil codes had led to problems in the United States and other countries.

Using a mythological analogy and citing several personal experiences, Anne B. Johnson urged the Council to adopt the proposed ordinance. Ms. Johnson said she believed that the proposed ordinance was user-friendly and would well serve the community's residents.

Gary Kubler, speaking on behalf of the Bahais of Chapel Hill, expressed his group's support of the proposed ordinance and the protection of individual dignity. Mr. Kubler stated that the proposed new process would not be adversarial like the present process. He also said it was vital to the community's health to have peace and security through unity.

Joan Pettit said sexual orientation should be included in the proposed ordinance, whether or not this meant rejecting the entire ordinance. Ms. Pettit said such inclusion would be an important symbolic victory for gays and lesbians.

Patrick Woolard said the proposed ordinance was incomplete as proposed because it did not include sexual orientation protections. Mr. Woolard urged the Council to support an ordinance including such protections.

Joel Harper said some small business owners were concerned that the new ordinance would create the need for additional paperwork and would not provide sufficient objectivity in the review of their cases. Mr. Harper urged the Council to proceed with great caution in handling the employment element of the proposed ordinance.

Catherine Dickman, representing the Orange County Women's Center, said her organization was concerned and dismayed about discrimination against women and minorities. Ms. Dickman said the availability of a local settlement mechanism would be a force in reducing tensions associated with discrimination complaints. Ms. Dickman requested that the Council give thoughtful consideration to the proposed ordinance.

Michael Mizei, Secretary of the Orange County Human Relations Commission, urged the Council to support the proposed ordinance. Mr. Mizei said the efforts of Mr. Baker, the Commission's Chair, and others during 1960's civil rights activities should not be forgotten, especially by younger people.

Joyce Roland, representing the Orange County Commission for Women, said she favored the proposed ordinance. She stated that many persons who would otherwise file discrimination complaints thought the present system was too troubling. Ms. Roland said a local body to receive complaints would provide a better opportunity for prompt resolution of concerns. She urged the Council to adopt the proposed ordinance.

Lightning Brown said action was needed to move ahead with civil rights, particularly concerning discrimination against gay men and lesbians. Mr. Brown stated that the State Legislature had turned a cold shoulder to its gay citizens. He also said the prevailing sentiment in the Town was to include affectional orientation protections in the proposed ordinance. Mr. Brown also stated that he had personally experienced extensive discrimination as a gay man. He said that in 1983 and 1984 a right-wing tabloid had published scurrilous and false accusations that Mr. Brown had engaged in acts of child molestation and devil worshipping. Mr. Brown stated that although he was personally attacked and received obscene phone calls and letters, the community's Police Chief at that time said he could not do anything about the situation. Mr. Brown also said Orange County had more hate crime reports that the vast majority of counties throughout the state. Mr. Brown requested that the Council expand the scope of the proposed ordinance to include protections against sexual orientation discrimination.

Kendal Kirby, a former Orange County resident, said she had been physically assaulted twice in 1991 on the basis of her perceived sexual orientation. Ms. Kirby requested that the Council adopt an ordinance to provide protections for gay men and women.

Dennis Doherty urged the Council to adopt an ordinance with a sexual orientation provision. Mr. Doherty said learning lead to knowledge. He also stated that the Town had led the way in providing constitutional protections to its citizens.

Moses Carey, Orange County Commission Chair, said Commissioners were not insensitive to the needs of the gay and lesbian community.

He stated that the Commissioners were on record feeling that there was discrimination against members of the gay and lesbian community. Noting that he personally favored seeking State anti-discrimination protections, Commissioner Carey urged the Council to adopt the ordinance as proposed, with language concerning protections for gays and lesbians to be added when legislative enabling authority was received.

Trey Harris, Co-Chairperson of B-GLAD, said today he had received a prank call on his answering machine. He said another caller had left a message wanting to talk about having been beaten on the University campus. Mr. Harris said he had personally experienced discrimination in employment and housing matters. Mr. Harris stated that he could not adequately emphasize the importance of adopting the proposed ordinance with protections for sexual orientation.

Jerry Salak, an openly gay man, said he had personally experienced job discrimination on the basis of his sexual orientation. Mr. Salak stated that he was the top choice for a position with the AIDS Control Branch. Mr. Salak said he had been advised that he and another candidate were rejected for the position on the basis of their sexual orientation. He urged the Council to adopt the proposed ordinance containing a sexual orientation protection provision.

Council Member Capowski asked whether it was correct that the ordinance did not currently apply within Town limits. Mr. Horton said this was correct. Council Member Capowski asked whether the ordinance had to be adopted by a substantial number of County municipalities to go into effect. Mayor Broun said the matter could only be referred to the Orange County Commissioners and Town Manager following this evening's hearing. Mayor Broun inquired what actions the County Commissioners were requesting. Commissioner Carey said Orange County was seeking comments on the proposed ordinance from the jurisdictions. He added that the Commissioners intended to adopt the ordinance once a substantial number of local jurisdictions approved the proposal.

Council Member Brown inquired about the ordinance's application. Mr. Gledhill said the ordinance would be in effect in unincorporated areas of the County upon adoption. He said individual municipalities could adopt resolutions making the ordinance effective in their own communities.

Council Member Capowski inquired how the ordinance would apply to property-owners who only rented to graduate or married students. Ms. Lewis stated that although students were not protected classes, subcategories within the group such as minorities, men and women had constitutional protections against housing and other types of discrimination. Mayor Broun inquired whether it was currently permissible to discriminate on the basis of sexual orientation. Ms. Lewis said yes. Mr. Gledhill noted that current and the proposed housing protection standards did not apply to properties having four units or less. Council Member Capowski inquired whether it was permissible for landlords not to rent to undergraduate males. Mr. Gledhill said this was problematic if the refusal were based on the sex of the potential renter.

Council Member Capowski inquired whether the proposed ordinance would apply to housing and employment matters at UNC. Mr. Gledhill said the ordinance would not apply. Council Member Capowski asked whether the ordinance would apply to the Chapel Hill-Carrboro school system. Mr. Gledhill said this was the ordinance's intent. Council Member Capowski asked whether the ordinance would apply to UNC Hospitals. Mr. Gledhill said UNC Hospitals were exempt.

Council Member Capowski asked whether it was correct that Town employees could not go straight to the Equal Employment Opportunity Commission (EEOC) if the proposed ordinance were adopted. Mr. Horton said this was correct. Council Member Capowski asked whether Town employees with discrimination concerns would go the proposed County Board. Mr. Horton said this was correct, noting that the Board would be a County, rather than a Town, agency. Council Member Capowski inquired about the projected need for additional staffs and related costs for the proposed new Board. Ms. Lewis said at least one new staff person would be needed. Ms. Lewis also said it was anticipated that federal compensation would not cover all the program's costs. Council Member Capowski inquired whether small business owners would encounter greater costs and paperwork under the proposed new process. Ms. Lewis said less paperwork would be anticipated since resolves would generally be resolved more quickly. She added that most businesses in Orange County were small businesses, having fifteen or fewer employees.

Council Member Brown inquired about the proposed process if the Council endorsed a human rights ordinance with sexual orientation protections. Mayor Broun said the principal need would be for the Council and other local government bodies to request that the General Assembly pass legislation granting protections based on sexual orientation. Commissioner Carey added that the actual legislative request would need to be initiated by the Orange County Commissioners.

Council Member Chilton said although the proposed ordinance was a good one, he was concerned about discontinuing the right of individuals to appeal to the EEOC. He suggested that this option be left open for those wishing to use this approach. Ms. Lewis said although the proposed ordinance would make it possible to resolve the majority of discrimination complaints at the local level, some of the cases could be deferred to EEOC for valid reasons.

Council Member Chilton said it would have preferable for each Town employee to have received copies of the proposed ordinance, rather than posting some copies of the proposed ordinance on departmental bulletin boards. Mr. Horton said this had been staff's intent. Council Member Chilton read an excerpt by Alderwoman Adelaide Walters from the January 13, 1964 Town's Board of Aldermen minutes. Alderwoman's Walters' statement noted that all members of the public should have equal access to facilities. Council Member Chilton said he felt strongly that the General Assembly should have adopted legislation protecting against discrimination on the basis of sexual orientation. Council Member Waldorf expressed her concurrence. She noted the importance of Council Members making their views known to members of the local legislative delegation.

Council Member Brown said she shared Council Member Chilton's and Waldorf's sentiments about carrying the matter of sexual orientation protections back to the Orange County Commissioners. Mayor Broun said the concept of a draft ordinance was a sound one. He added that the Orange County Commissioners should initiate a request for protections on the basis of sexual orientation to the General Assembly at the earliest possible opportunity. Emphasizing the importance of equal treatment for all, Council Member Pavão expressed his concurrence with providing anti-discrimination protection to persons based on sexual orientation.

Council Member Evans thanked Ms. Lewis for her presentation and expressed her endorsement for Mayor Broun's recommendation. Council Member Powell also expressed her concurrence with adoption of an ordinance providing these additional protections.

Council Member Capowski said he favored inclusion of a sexual orientation protection clause in the proposed ordinance. He inquired how many of the Orange County Human Relations Commission's seventeen members were Town residents. Ms. Lewis said five. Noting that the largest number of discrimination complaints would likely come from the Town, Council Member Capowski encouraged County Commissioners to appoint more Town residents to the commission. Council Member Protzman expressed his concurrence with other Council Members concerning adoption of an ordinance with sexual orientation protections.

COUNCIL MEMBER POWELL MOVED, SECONDED BY COUNCIL MEMBER PAVÃO, TO REFER THE MATTER TO THE TOWN MANAGER AND ORANGE COUNTY COMMISSIONERS. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

The forum concluded at 9:07 p.m.