Five years ago, Jacksonville council members defeated one, but our twin itty-bitty cities of St. Augustine and St. Augustine Beach both enacted our own Fair Housing ordinances, treating sexual orientation as a protected class. St. Augustine Beach's ordinance also covers employment -- both public and private.
UPDATE: JACKSONVILLE CITY COUNCIL ENACTED THE HRO WITH A SUPERMAJORITY.
Posted February 12, 2017 07:45 pm | Updated 06:33 am
By Christopher Hong
Gay rights advocates may be close to enacting Jacksonville LGBT ordinance
Gay rights advocates may be closer than ever to enacting LGBT discrimination protections in Jacksonville and earning a hard-fought victory in a battle that’s loomed over the city for a half-decade.
The legislation earned support from 10 council members last week during committee reviews of the legislation — the minimum majority it needs to pass — leaving supporters cautiously optimistic the bill will pass when it comes to a final vote Tuesday.
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Still, there’s no certainty the fragile majority that emerged last week will remain when it’s time for council members to vote Tuesday.
Case in point: A similar gay rights bill failed in 2012 by a 9 to 10 vote after former Councilman Johnny Gaffney, who supported it during a committee review, later switched sides and cast the deciding no vote.
It’s even less certain whether the legislation will pass with a 13-vote majority that would shield it from a mayoral veto — and more important, what Mayor Lenny Curry, who has said in the past he thinks the legislation isn’t necessary, would do if it arrived on his desk without one.
The legislation triggered a groundswell of interest from the public, as it did when similar legislation was introduced last year and in 2012.
More than 1,000 people attended a public hearing on the legislation last month, and council members received thousands more emails.
The arguments haven’t changed.
Supporters say it’s time for Jacksonville to follow the lead of other major cities and extend civil rights to its gay, lesbian, bi-sexual and transgender residents. Opponents say they fear the legislation would infringe on their religious belief that homosexuality is a sin or open a floodgate of litigation on small businesses.
This year, however, saw a deeper and more organized lobbying campaign to pass the bill than in the past.
Supporters of the bill include leaders of the city’s top businesses, including Jaguars owner Shad Khan, as well as faith leaders and key political donors.
Councilman Bill Gulliford, a leading opponent of the legislation, said he thinks that effort made the difference.
“That gets attention from people who will be running for re-election and higher office in the future,” Gulliford said. “There’s no doubt in my mind.”
CLOSING IN ON 10
The legislation emerged from three committee reviews last week with support from 10 council members. It also survived hostile attempts to settle the issue through a voter referendum and exempt more small businesses from the bill’s ban on employment discrimination.
“We do believe it’s very promising. We certainly hope it translates into votes on Tuesday,” said Darnell Smith, the chairman of the Jax Chamber board of directors and a leading advocate of the bill. “We don’t want to make any guesses on where folks are on their vote.”
Indeed, counting votes on the issue is a difficult endeavor, at least based on council members’ public comments.
Aside from the legislation’s three sponsors, Councilmen Jim Love, Aaron Bowman and Tommy Hazouri, few council members spoke in favor of the legislation — or said much of anything at all — during last week’s committee debates.
The Times-Union has spoken with eight council members who say they will or likely will vote for the legislation this week. Seven of those council members supported the legislation in committee.
Six council members have voted against the legislation or said they don’t support it.
The remaining five members haven’t publicly stated their positions.
Council members Garrett Dennis and Joyce Morgan, who voted for the legislation in committee and said they supported discrimination protections for LGBT people during the 2015 campaign, refused to say if they’d vote for it.
Council President Lori Boyer also refused to say whether she supported the legislation. She said she wants to remain neutral to avoid the perception she used her position to influence an outcome.
A cellphone for Councilwoman Katrina Brown was disconnected, and she couldn’t be reached for comment. Brown voted for the legislation in committee last week and said in her campaign that she supported expanding discrimination rights for LGBT people.
Councilman Reginald Brown didn’t return a voicemail seeking comment. Brown voted against similar legislation in 2012, although he told the Times-Union during his re-election campaign he’d support expanding discrimination protections for LGBT people.
Mayor’s move uncertain
If the bill passes with less than 13 votes, its fate will lie with the mayor.
Curry can sign the bill, allow it to become law without his signature or veto it. If it’s vetoed, the council could vote to override that decision with a 13-vote majority.
Curry remains a bit of an enigma on the issue.
Advocates interpreted his move last year expanding City Hall’s anti-discrimination policy to protect LGBT employees as signaling an openness to future progress on the issue. And the city’s mostly right-leaning business and civic leadership class — which backs the bill — have supported Curry’s political efforts financially.
Yet the mayor, the former chairman of the Republican Party of Florida, would make an unusual champion for the issue. Pressure from the city’s donor class is unlikely to be the decisive factor in whatever decision he makes.
Curry has been reluctant to discuss the human-rights ordinance since he announced last year he didn’t believe a change in the law would be “prudent.”
He did, however, direct City Hall to adopt anti-discrimination policies in line with the Equal Employment Opportunity Commission — which specifically protect LGBT employees. The city also requires its vendors to follow the regulation.
He campaigned for mayor in 2015 saying he wasn’t convinced a change in the law was necessary, though he pledged to hold town hall meetings to hear people out.
Curry said during a Times-Union editorial board meeting in November that his position in the time since had not changed. He also promised he would not try to tip the scales if the council revived the issue and would review any legislation that comes to his desk
Curry’s office did not respond to a request to interview the mayor.
christopher.hong@jacksonville.com,
(904) 359-4272
nate.monroe@jacksonville.com,
(904) 359-4289
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