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A history of early advocacy

Cameron Rasmusson | Hagadone News Network | UPDATED 13 years AGO
by Cameron Rasmusson
| December 28, 2011 8:15 PM

SANDPOINT - Anti-discrimination ordinance advocate Kate McAlister couldn't help but become teary-eyed when city officials passed the measure Dec. 21.

As the mother of a gay individual, the statute carries a beauty for her that transcends its legal language.

"To think that as human beings we wouldn't be afforded basic dignity because of preconceived notions or whatever it may be is appalling to me," she said, later adding, "The unfortunate thing about the world is that we do have to protect those that others seem to be against."

Idaho legislation already protects citizens from discrimination against age, disability, race, color, national origin, religion and sex. The ordinance enhances state law by adding sexual orientation and gender expression to those protected classes. A human relations review board of at least three mayor-appointed individuals will review discrimination complaints regarding employment, housing or public accommodation and discard frivolous matters.

In his opening presentation before council discussion, Councilman John Reuter, who worked with city attorney Scot Campbell to draft the ordinance, said the lack of opposition at city meetings spoke volumes.

"This is something that got repeated press and was out there in the public ... and people haven't come forward (to testify against it,)" Reuter said.

Reuter first proposed the ordinance to maintain Sandpoint's history of proactivity in human rights issues, a background evidenced by the adoption of Martin Luther King Jr. Day before the rest of the state. However, he said during his presentation that the ordinance could serve a practical as well as a symbolic purpose.

"We know of a battery instance that was clearly tied to someone's sexual orientation," he said. "There are other types of discrimination that I believe are happening in more subtle ways."

However, the ordinance also protects employers and housing providers from frivolous accusations with detailed review board procedures, Reuter said. The board is instructed to throw out petty complaints and, in cases determined to have merit, to emphasize mediation over punitive measures. If the parties can't settle their differences and the review board maintains the case, it is turned over to the city attorney as a measure of last resort. If he chooses to seek legal action, the violation is considered a misdemeanor offense.

Reuter said the ordinance is not intended to step on anyone's First Amendment rights. The measure contains an exceptions section that dictates it be applied "in a manner consistent with First Amendment jurisprudence regarding the freedom of speech and exercise of religion."

However, not everyone in the community felt the ordinance was necessary. Councilwoman Marsha Ogilvie said she was asked by some unnamed lesbian friends to read a letter into the record.

"It would be a sad commentary that our kind, loving, beautiful city felt they needed to make Sandpoint a beacon and magnet just to make a political statement," the letter read.

City Council members felt differently, passing the measure unanimously.

"This is another example of us doing the right thing for all of our citizens," Reuter said.

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