FORMAL STATEMENT: The Kootenai County Task Force on Human Relations Board of Directors

Based on 32 years of promoting human rights and dedication to the principles of freedom, equality and justice for all, we have worked tirelessly to (1) oppose malicious harassment and hate crimes and (2) oppose discrimination in housing, employment and public accommodations. This proposed ordinance has nothing to do with same sex marriage or to deny any person his or her religious or philosophical beliefs.

We respectfully submit to you our responses to seven questions frequently asked when considering adoption of local ordinances banning discrimination in housing, employment and public accommodations of the LGBT community.

FIRST QUESTION:

Are there any federal or state of Idaho statutes protecting the LGBT community from discrimination in housing, employment or public accommodations? The answer is NO except for two federal requirements that protect only a small segment of Idahoans.

The United States Civil Rights Act of 1964 Title II (Public Accommodations), Title III (Public Facilities) and Title VII (Equal Employment Opportunity) gives no protection against discrimination based on sexual orientation. The same is true of the Federal Equal Employment Opportunity Act of 1972.

The Federal Fair Housing Act of 1968 and as amended only provides protection based on race, religion, color, national origin, disability, gender and since 1988 familial status (non-discrimination of families with children under age 18 or pregnant women).

On Jan. 21, 2011 the U.S. Department of Housing and Urban Development (HUD) issued new rules prohibiting discrimination based on sexual orientation or gender identity in federal HUD-assisted or HUD-financed housing. As of 2013, the HUD rules apply to only 6.2 percent of the housing units in Coeur d'Alene.

President Bill Clinton, by presidential executive order, banned discrimination based on sexual orientation regarding hiring and promotion of federal employees.

As of 2012, only 21 states and the District of Columbia had laws prohibiting any form of discrimination in one or more of the three categories of housing, employment and public accommodations.

The attempts over the past seven years to persuade the Idaho Legislature to add protection for the LGBT community to the Idaho Civil Rights statutes have failed.

The decades of failure to act by the United States Congress as well as the Idaho Legislature directs Idaho human rights advocates and organizations to seek relief from local governments. A total of 205 American cities, towns and counties have passed such ordinances.

SECOND QUESTION:

Are there any cases of discrimination based on sexual orientation in our city and region? The answer is YES.

Let us be clear that the overwhelming majority of businesses in Coeur d'Alene that provide employment, housing and public accommodations are strong supporters and advocates of equality and fairness for all our residents. However and unfortunately there are exceptions.

The KCTFHR with decades of promoting human rights and serving as advocates for persons who have been victims of many forms of discrimination, harassment and hate crimes, we come before you with knowledge and expertise regarding this problem. Let us share with you three of our list of cases involving discrimination against the LGBT community.

CASE ONE:

Approximately five years ago, Tony Stewart received a call from a dental assistant in Coeur d'Alene who had been fired on that day when her employer, the dentist, learned that she was lesbian. Her work evaluations were superior. She asked for advice and assistance from the KCTFHR. Stewart had to sadly inform her that there were no federal or state laws preventing the discrimination and thus she had no legal remedy.

CASE TWO:

We learned of a housing discrimination case that took place in 2012 in Coeur d'Alene when a North Idaho College student was evicted from her apartment when the landlord learned that she was in a lesbian relationship. Again she had no legal remedy for the discriminatory act.

CASE THREE:

One of the most grievous and sad cases happened recently in a northern Idaho city during the death of a same sex partner. The obituary announcing the gay man's death included the name of his same-sex surviving partner. Upon seeing the obituary, the employer of the surviving partner fired him upon learning of the gay relationship. The grieving partner had to now also deal with loss of his income during one of the most painful moments of his life. Once again the gentleman had no legal remedy.

THIRD QUESTION:

Should the city of Coeur d'Alene reject adopting the anti-discrimination ordinance due to any possible additional cost for the city regarding law enforcement and the legal resources to enforce the ordinance? The answer should be NO.

We find it in direct conflict with the core principles of democracy to suggest that some members of our fair city must remain second-class citizens, subject to discrimination and denied equal rights and fairness based on the argument that the adoption of the ordinance might require some additional resources of the city. This argument is equivalent to proposing that we open our city to all forms of discrimination based on limited resources.

FOURTH QUESTION:

Should we not wait until there are federal and state legislative actions to prohibit the discrimination? The answer is NO.

It has been 49 years since the passage of the United States Civil Rights Act of 1964 that excludes protection for the LGBT community and almost the same amount of time for the other federal civil rights laws addressing jobs, housing and public accommodations.

This flawed argument is as old as civilization. The late Dr. Martin Luther King Jr. spoke eloquently in condemning this tactic in his "Letter from the Birmingham Jail" on April 16, 1963. He was responding to a group of ministers who had signed a letter criticizing him for his peaceful disobedience that they described as "unwise and untimely" activities leading to his arrest.

Dr. King wrote in part:

"We have waited for more than 340 years for our constitutional and God given rights. The nations of Asia and Africa are moving with jet like speed toward gaining political independence, but we still creep at horse and buggy pace toward gaining a cup of coffee at a lunch counter. Perhaps it is easy for those who have never felt the stinging darts of segregation to say, 'wait,'....There comes a time when the cup of endurance runs over, and men are no longer willing to be plunged into the abyss of despair."

FIFTH QUESTION:

What does the ordinance do and not do?

The Ordinance Protects:

First, the ordinance will add protection from discrimination for the LGBT residents in housing, employment and public accommodations within the city of Coeur d'Alene. It will prevent a landlord, employer or owner of for example a restaurant from discriminating against one of our LBGT citizens.

Second, the ordinance recognizes, protects and embraces the democratic principle of equality.

The Ordinance does not:

First, the ordinance does not create quotas or special protections.

Second, the ordinance does not create any special rights or privileges.

Third, the ordinance does not create undue financial burdens when the ordinance permits the prosecutor to reduce the violation to an infraction, payable by a $100 fine, if the defendant engages in corrective action.

Fourth, the ordinance does NOT require religious organizations or religious businesses or religious nonprofits to comply.

Fifth, the ordinance exempts one's own home/residents from the housing ordinance as well as housing accommodations for not more than two families living independently of each other, if the lessor or a member of his family resides in one of the housing accommodations (e.g. duplex).

SIXTH QUESTION:

Is this a moral, ethical and fundamental democratic issue? The answer is YES.

We are before you facing the crucial question of whether we will elect to advance the moral precept of embracing social justice encompassing freedom, equality and justice for our fellow human beings that is the root of any democracy.

We are inspired with the words from the following advocates for justice:

Elie Wissel, a world renowned humanitarian, has said: "There may be times when we are powerless to prevent injustices, but there must never be a time when we fail to protest."

Mike Masterson, Boise Police Chief, during his testimony before the Idaho State Legislature's House and Senate State Affairs Committees on March 20, 2013, stated: "Justice for me professionally must include protecting citizens against being the victims of a crime, including the injustice of being denied housing or employment or refused a service accommodation based solely on sexual orientation or gender identity...."

SEVENTH QUESTION:

Will the decision of the Coeur d'Alene City Council have an impact beyond the boundaries of the city and the state of Idaho? The answer is YES.

Individuals, corporations and civic groups across America will observe your decision and draw conclusions based on that outcome. They are correctly sensitive about visiting communities with regard to a welcoming environment for their members including their LGBT employees and members.

Corporate America has already begun voluntarily implementing this type of protection. Ninety-four percent of the top 100 companies in the United States have policies banning discrimination based on sexual orientation as well as the top 50 Fortune 500 companies. The companies prohibiting discrimination include for example IBM, Southwest Airlines, Verizon, Apple, Wal-Mart, Ford, Sears, Micron Technology, Wells Fargo and Hewlett Packard.

CONCLUSION

As members of the human race, each of us is constantly in the process of establishing our legacy when we are no longer here. We will be remembered and judged by future generations based on our respect and fair treatment for each of our sisters and brothers.

Christie Wood is president of KCTFHR and Tony Stewart is secretary of KCTFHR.