|
UPDATE, September 27, 2022
At the September 26 city council work session, Council Member Anne Lerner, along with four members of the Non-discrimination Working Group, reported their work and presented their draft "Equitable and Inclusive Practices" ordinance to the mayor and council. The Mayor and Council Members Lerner, Schroeder, and Weaver were present in the room, Council Members Monferdini and Orlando attended via video conference. Council Member Rece was unable to attend. Council Member Lerner led the presentation and explained that the working group met several times during the months of May through September. The draft ordinance is a result of their work, with input from a range of Tucker citizens including members of Tucker Open Door. Council discussed the ordinance thoroughly in a several-hour question-and-answer session that lasted until midnight. It is our understanding that some revisions will be considered as a result of the discussion. The city's work session agenda packet, including the draft presented at the meeting is available on the City's website here: pub-tuckerga.escribemeetings.com/FileStream.ashx?DocumentId=6583 We also have a copy posted here on our Draft Ordinance page. At this writing Tucker Open Door believes there is enough support in council to adopt the ordinance. We do not yet have a date for the first read at a public meeting. We will share that information when we receive it. UPDATE, July 29, 2022 Members of Tucker Open Door met with members of city council and the NDO working group. We can report that work is progressing on the ordinance, with the intent of adoption in the fall, under the title "Equitable and Inclusive Practices". UPDATE, June 5, 2022 Sources within the city report the working group has met three times, aiming toward an October Council vote. UPDATE, April 13, 2022 On April 11, council member Anne Lerner announced the formation of a working group to study the NDO. As of this post, we have no clear information on the charge or deadline for the working group - other than a "late summer" presentation. We'll update when we know more. See the link below for more information on the working group. /tuckerobserver.com/2022/04/12/city-council-member-anne-lerner-announces-ndo-working-group/ UPDATE, October 15, 2021: tuckerobserver.com/2021/10/15/editorial-tucker-mayor-frank-auman-gaslights-supporters-of-non-discrimination-ordinance/ UPDATE, October 13, 2021: At the October 12 City Council meeting, with a last-minute addition to the agenda, Tucker's city government made a public "statement of values" against discrimination and embracing diversity. The sentiment expressed in their resolution is commendable. While the resolution is a step in the right direction, it is not an enforceable ordinance. The resolution acknowledges the foundational premise of a non-discrimination ordinance - that all should have equal access to employment, housing and public accommodations. Yet, it provides no process for addressing or resolving instances of discrimination and provides no means of enforcement. It is important to have a legally enforceable ordinance because this resolution is only a formal "statement of values" of the City. After two years of diligently answering questions and educating the Mayor and City Council members, it’s a testament to the power an election year holds that the Tucker Open Door community was able to make the non-discrimination ordinance a pivotal issue in our local elections. Over the last two years we have emphasized that passing a non-discrimination ordinance is something our community supports. We now have a commitment to create and pass an NDO from at least one current Council member, a Mayoral candidate, and numerous candidates in each district. We look forward to joining the surrounding cities of Doraville, Decatur, Clarkston, Chamblee and Dunwoody in ensuring that all of our residents are protected from discrimination under the law by working with the City Council to pass an NDO in which we can all take pride. docs.google.com/viewerng/viewer?url=https://www.tuckerga.gov/document_center/resolutions/10-12-21+Signed+Resolution.pdf&hl=en_US tuckerobserver.com/2021/10/12/tucker-city-council-approves-non-discrimination-resolution/ www.ajc.com/neighborhoods/dekalb/tucker-adopts-non-discrimination-resolution-critics-say-it-has-no-teeth/B7DNDTRKEJBHTJRIX2BARSYTN4/ CANDIDATES SUPPORT NON-DISCRIMINATION ORDINANCE Robin Biro, candidate for Mayor: I support the nondiscrimination ordinance, and pledge to place it on the council agenda for consideration within my first 60 days as Mayor, once elected. Not only is it crucially important to protect people who live and do business here in Tucker from discrimination, but it is also important for Tucker economically to be competitive with the surrounding municipalities who have already passed such measures and are already attracting new businesses and industries by having these protections in place. www.robinfortucker.com Christine Bloodworth, candidate for District 1 Council Post 2: I support an NDO and always have. The local agenda groups and organizers presented the nondiscrimination proposal to the current mayor and council over two years ago with NO RESOLVE. Enforcing an NDO should have been resolved, yet instead was met with no priority or concern to the community's needs. The resolution recently proposed is rather embarrassing and holds minimal merit to those in support of an NDO. A concrete and well-defined NDO needs to go into effect within 60-90 days, and given that the majority of candidates and the public support it, there should be no further delay. voteforbloodworth.com/ Shawn Woods, candidate for District 1 Council Post 2: To make it plain for any consumer of my response, I want it on the record that I am appalled that the current Mayor of Tucker has labeled this necessary and vital piece of legislation as ‘divisive”. Every Tucker resident or any citizen that does business within our city or enjoys any of our parks or activities should know that Tucker is an inclusive city that not only welcomes them; but does everything within its legislative power to protect and hold dear. It is for this reason that I promise and fully commit to doing the following: (A) If elected by the citizens of District 1 Post 2, I will request of the Mayor elect that the Non-Discrimination Order, as drafted; be placed on an agenda within 30 days of the seating of the new City Council. This matter is requested regardless of the position of the Mayor on the subject. I hereby request that the Non-Discrimination Order be brought forward for discussion for first and second readings and I will vote in the affirmative for passage. (B) I further urge the current Council to deal with this issue now. If the Non-Discrimination Order is heard now (prior to the election) and defeated then if elected, I will request of the Mayor that it again be placed on the agenda within 30 days of the seating of the new City Council. I believe that the City of Tucker is an inclusive city with much to offer. Perhaps 20 years ago this may have been a divisive issue but in 2019 when it was presented and certainly today, it cannot be called so. There is nothing divisive about ensuring that every citizen feels protected and has the full backing of the City Council to prove that. www.shawnwoodsfortucker.com/ Imani Barnes, candidate for District 2 Council Post: I feel we need to look at the draft written and formulate it to best fit all citizens in Tucker. I will fight to have the NDO taken to a work session and discussed amongst the city council to be voted on from all council members. The NDO has been passed in surrounding cities with no repercussions and would benefit Tucker to show the all inclusivity of our city. This is one of my top issues and will continue to be until it has been discussed and voted upon at the city council meetings. As an LGBTQ+ representative, I stand on passing the NDO in Tucker. joinarmswithbarnes.com/ Cara Schroeder, candidate for District 2 Council Post: Our city of Tucker and District 2 continue to grow with new residents. New residents who bring more diversity to our community. Tucker has always been an inclusive community. If I am elected to the city council, I will be a representative of all constituents of District 2 and I will support a Non-Discrimination Ordinance (NDO) for the City of Tucker. My goal is to ensure all residents, regardless of age, race, ethnicity, background, sexual orientation, or gender identity have a voice in city affairs. I stand with the LGBTQIA community. Inclusion is a primary platform of my campaign. Discrimination has no place in the City of Tucker. Empowering all residents strengthens all of Tucker. www.carafortucker.com/ Alexis Weaver, candidate for District 3 Council Post: I am an enthusiastic supporter of a Non-Discrimination Ordinance and ally of my LGBTQ neighbors. Discrimination has absolutely no place in our city. Tucker residents should know that the city has their back and is committed to protecting them. I commend my neighbors who have been such strong advocates for this essential ordinance. We must keep working together to ensure Tucker is a truly safe and welcoming community! www.alexis4tucker.com/ UPDATE, April 25, 2021: Other Georgia cities make progress, as Tucker falls behind. www.projectq.us/city-by-city-movement-to-protect-lgbtq-people-spreads-across-georgia/ UPDATE, July 24, 2020: Savannah is the latest Georgia city to pass a nondiscrimination ordinance. Read here. UPDATE, July 10, 2020: Cities around the state are progressing on non-discrimination ordinances . Here is an update from AJC.com: Despite court victory, LGBT boosters gird for more fights in Ga UPDATE, June 24, 2020: Well-known real estate marketplace website Zillow now indicates non-discrimination protections on its listings. Zillowgroup.com states, "Zillow believes everyone deserves a safe, affordable home, free of discrimination. Federal law does not provide those protections. That’s why Zillow is shining a spotlight on towns and cities that have LGBTQ+ protections, and those that don’t. Information on LGBTQ+ housing, employment and public accommodation laws is now available on all Zillow home listings across the nation." People searching Zillow for home listings will now see that our neighboring cities provide protections currently unavailable in Tucker, which may result in lower prices for our homes. Tucker must act now to remedy this disadvantage before the Tucker real estate market is affected. Read more here and here. UPDATE, June 23, 2020: The Georgia Legislature passed a hate crimes bill, HB 426. Read the AJC article here. It will be sent to the Governor to sign. On June 8 the Tucker City Council unanimously passed a Resolution asking the State to pass the Hate Crimes Law. We are pleased that our Mayor and Council took this important stand. We challenge them to back up their words with local action against discrimination by adopting a non-discrimination ordinance for the City of Tucker. UPDATE, June 20, 2020: This weekend we launched the Tucker Open Door Program. This allows you to easily identify which Tucker Businesses are open to all. Look for the Tucker Open Door logo displayed at local businesses. Be sure to support these stand out businesses. Click here to learn more. Contact us to add your business. UPDATE, June 15, 2020: Today the Supreme Court acknowledged employment rights for LGBTQ persons under Title VII of the 1964 Civil Rights Act. This is an important and long-overdue acknowledgment of the basic civil rights of LGBTQ Americans to earn a living. Here is the written opinion. Here is an article from NPR , another from CNN, and this one from Georgia Equality. Of course, this does not end all discrimination. Only two days ago the Trump administration eliminated discrimination protections for transgender Americans under the Affordable Care Act. Also today, the city of East Point became the latest Georgia city to adopt a non-discrimination ordinance. Read about it here. UPDATE, June 13, 2020: The Decatur-ish Twitch program features a discussion of the non-discrimination ordinance proposed for Tucker. The discussion runs from minutes 17 to 41. See it here. |
We Love Tucker...
...and we want it to be its best self.
We believe discrimination has no place here.
We believe the doors of opportunity in Tucker should be open to all persons of good will.
We believe we can accomplish more by working together.
So, a group of dedicated Tucker citizens is working to get the city to adopt a Non-Discrimination Ordinance.
So far, the Mayor and City Council have not acted.
Will you join us in helping them understand why this is needed and why it will help Tucker be an even better place to live?
We believe discrimination has no place here.
We believe the doors of opportunity in Tucker should be open to all persons of good will.
We believe we can accomplish more by working together.
So, a group of dedicated Tucker citizens is working to get the city to adopt a Non-Discrimination Ordinance.
So far, the Mayor and City Council have not acted.
Will you join us in helping them understand why this is needed and why it will help Tucker be an even better place to live?
"This ordinance is important to me and my family because not only are we allies, we have close family members and many friends in the LGBTQIA community. I believe that this ordinance would go a long way in creating the kind of welcoming and open city Tucker should be."
Rachel N.
Here is a quick summary of the draft ordinance:
Purpose
This ordinance is designed to protect everyone living, working, and doing business in the City of Tucker from discrimination in employment, housing, and providing goods and services.
Models
This ordinance is modeled on the ordinances recently adopted by the cities of Chamblee, Clarkston, and Doraville.
Protection
Everyone is protected by this ordinance, because we all fit into one or more of these specified categories:
Actual or perceived race, color, religion, religious expression, sex (including pregnancy, sexual orientation, and gender identity or expression), ancestry, national origin, age, disability, citizenship status, marital status, familial status, genetic information, veteran/military status, or any other classification protected by applicable federal, state and local laws.
Exemptions
The ordinance would not apply to a religious organization, private fraternal and benevolent association or society, or a nonprofit private club.
Process
A complaint under the ordinance must be filed with the city clerk within 90 days of the alleged act of discrimination. A $50 filing fee is required, but that fee may be waived later in the process.
A hearing officer, who must be an attorney with experience in constitutional law and employment discrimination, will review the complaint and either dismiss it or refer it to a mediator for voluntary non-binding mediation between the complainant and the alleged violator.
If the issue isn’t resolved in mediation, the complaint is referred back to the hearing officer. If the officer finds a violation has occurred, the offender can face a $500 fine for the first violation, $1,000 for the second violation and $1,500 or the suspension/revocation of the business permit/license, or cancellation of city contract for subsequent violations. If the hearing officer recommends suspension or revocation of the offender’s business license, the city council would have the final decision in the matter. The burden of proof shall be by a preponderance of the evidence.
Finally, either party, if still not satisfied, can appeal to the DeKalb County Superior Court.
Cost
The Mediator’s fees and the Hearing Officer’s fees will be assessed to the non- prevailing party unless the Hearing Officer determines that circumstances warrant assessing the cost in some other manner.
Purpose
This ordinance is designed to protect everyone living, working, and doing business in the City of Tucker from discrimination in employment, housing, and providing goods and services.
Models
This ordinance is modeled on the ordinances recently adopted by the cities of Chamblee, Clarkston, and Doraville.
Protection
Everyone is protected by this ordinance, because we all fit into one or more of these specified categories:
Actual or perceived race, color, religion, religious expression, sex (including pregnancy, sexual orientation, and gender identity or expression), ancestry, national origin, age, disability, citizenship status, marital status, familial status, genetic information, veteran/military status, or any other classification protected by applicable federal, state and local laws.
Exemptions
The ordinance would not apply to a religious organization, private fraternal and benevolent association or society, or a nonprofit private club.
Process
A complaint under the ordinance must be filed with the city clerk within 90 days of the alleged act of discrimination. A $50 filing fee is required, but that fee may be waived later in the process.
A hearing officer, who must be an attorney with experience in constitutional law and employment discrimination, will review the complaint and either dismiss it or refer it to a mediator for voluntary non-binding mediation between the complainant and the alleged violator.
If the issue isn’t resolved in mediation, the complaint is referred back to the hearing officer. If the officer finds a violation has occurred, the offender can face a $500 fine for the first violation, $1,000 for the second violation and $1,500 or the suspension/revocation of the business permit/license, or cancellation of city contract for subsequent violations. If the hearing officer recommends suspension or revocation of the offender’s business license, the city council would have the final decision in the matter. The burden of proof shall be by a preponderance of the evidence.
Finally, either party, if still not satisfied, can appeal to the DeKalb County Superior Court.
Cost
The Mediator’s fees and the Hearing Officer’s fees will be assessed to the non- prevailing party unless the Hearing Officer determines that circumstances warrant assessing the cost in some other manner.
Logo by Brandy Wright - Designer and Real Estate Agent
bwrightdesigns@gmail.com
bwrightdesigns@gmail.com