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Non-discrimination Ordinance
City Council discusses potential of new law at Jan. 5 meeting
By TRISTAN SCOTT of the Beacon
WHITEFISH – Montana human rights groups and some residents from across the state are calling on the White- fish City Council to pass a law shielding residents and visitors from discrimina- tion based on sexual orientation and gender identity.
The Montana Human Rights Net- work and the American Civil Liberties Union of Montana have asked the coun- cil to adopt a non-discrimination ordi- nance that protects lesbian, gay, bisexu- al and transgender (LGBT) people from discrimination in housing, employment and public accommodations.
Council was set to discuss the issue at its Jan. 5 meeting at 7:10 p.m. at City Hall after the Beacon went to print, but it had not prepared a draft ordinance and did not put the issue to a vote.
City Manager Chuck Stearns said consideration of an ordinance would have to be on a future agenda, which would include a public hearing.
“There is no consideration of adopt- ing a NDO on the Jan. 5 agenda nor is there a draft ordinance in the packet for people to review, so it could not be adopted on Jan. 5,” Stearns explained in an e-mail. “If the City Council wants to consider a NDO in the future, they can instruct staff at the Jan. 5 meeting to prepare a Non-Discrimination Ordi- nance and set a schedule for considering the adoption of a NDO. So we will likely get some direction from the City Coun- cil at the Jan. 5 meeting as to what direc- tion they want to go in the future.”
In addition to a mutual letter from the Montana Human Rights Network and American Civil Liberties Union of Montana, more than 30 residents wrote council regarding the adoption of a non-discrimination ordinance. Most of the letters were in support of such a law, while others raised concerns about First Amendment violations.
The advocacy groups say that under Montana state law, LGBT people can be fired from their job or denied housing or accommodations without recourse. With passage of such an ordinance, Whitefish would join other cities around the state including Missoula, Helena, Butte-Silver Bow, and Bozeman.
The issue comes in the wake of re- newed publicity for the National Policy Institute, whose president, Richard B. Spencer, set up headquarters in White- fish several years ago after moving from Washington, D.C.
In early December, the Whitefish
Community members listen to discussion at the Whitefish City Council meeting. BEACON FILE PHOTO
City Council unanimously passed a res- olution supporting diversity and toler- ance in the community, taking a stance on the contentious issue but stopping short of enacting anti-discrimination legislation.
The council passed the good faith resolution after local residents turned out in droves urging adoption of an anti- hate or non-discrimination ordinance protecting the community from groups like Spencer’s National Policy Institute.
The not-for-profit group bills itself as “an independent think-tank and pub- lishing firm dedicated to the heritage, identity, and future of European peo- ple in the United States and around the world,” and Spencer advocates “a White Ethno-State on the American conti- nent.”
Rachel Carroll Rivas, co-director at the Montana Human Rights Network, said a non-discrimination ordinance is timely given Spencer’s presence in Whitefish.
“This non-discrimination ordi- nance is particularly important at this time because of the presence of an inter- national hate group headquartered in Whitefish,” she said. “Richard Spencer’s National Policy Institute advocates dis- crimination and hate not only toward people of color and Jewish people, but LGBT people – whom he calls ‘gross’ and ‘unnatural.’ In response to Spen- cer’s activism the community called on
“THIS NON-DISCRIMINATION ORDINANCE IS PARTICULARLY IMPORTANT AT THIS TIME BECAUSE OF THE PRESENCE OF AN INTERNATIONAL HATE GROUP HEADQUARTERED IN WHITEFISH.” Rachel Carroll Rivas
the Council to take a stance in favor of diversity and the Council took the first step of passing a resolution. The White- fish City staff recommended the Coun- cil consider such an ordinance as a way to respond to community outcry over Spencer.”
For Spencer’s part, he insists that he is not promoting NPI’s views locally, but rather uses the Internet to publish them, and he denies that the “think- tank” is a hate group.
But his presence in Whitefish has enraged some residents, and the organi- zations are calling on the council to give legal protections from discrimination by passing a local LGBT non-discrimi- nation ordinance not included in state law.
“Part of the role of government is to make sure all its citizens and visitors are treated with dignity and respect,” said Niki Zupanic, public policy director at the ACLU of Montana. “The Whitefish City Council could help make that a re- ality for more people by passing a local LGBT non-discrimination ordinance.”
The organizations will also advo- cate adding LGBT people to this list of protected classes in the state’s Human Rights Act when the legislative session begins Jan. 5 in Helena.
One resident wrote that she agreed with the resolution supporting diversity in Whitefish, but that a good-faith reso- lution does not go far enough.
“While I applaud the recent anti- discrimination resolution adopted by the Council, I feel it falls short of an enforceable ordinance and has no con- sequences for those choosing to ignore or defy it. It is time to offer protection under the law for people in the LGBTQ community so that they no longer need to be afraid of losing their job or their place of residence because of discrimi- nation,” Susan Seaman wrote in a letter.
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