Columbus approves ‘open and inclusive’ city resolution that says it will ‘protect everyone’
The Columbus Council unanimously approved an anti-discrimination resolution Tuesday, setting the groundwork for an ordinance that would protect residents’ equal rights to housing, employment and public accommodations.
The resolution highlighted existing protections within city government, and stated the council will protect the city’s residents regardless of a person’s race, color, religion, national origin, sex, sexual orientation, gender identity, age, disability, marital status, familial status and veteran status.
Councilors will later vote on a nondiscrimination ordinance outlining dispute resolution and enforcement before August 31, said District 8 Councilor Walker Garrett, who proposed both measures.
Councilors Jerry “Pops” Barnes and Toyia Tucker join Garrett as co-sponsors on the ordinance.
All of these classes are protected by the federal government, but the local ordinance would provide another layer and would make it easier for those alleging discrimination to get a solution, Garrett said.
For example, it would be illegal for a business to refuse to sell someone a good or service simply because of their skin color or sexual orientation.
“It’s an ordinance that protects everyone,” he said in an interview with the Ledger-Enquirer Monday. “This is a way for us to make a statement locally that we are an open and inclusive city.”
What is in the ordinance?
Under the drafted ordinance, a five-member committee would review and investigate complaints filed by residents to the Clerk of Council. Three of the committee’s members would be nominated by the Columbus Council, and two would be nominated by the mayor. The council would confirm all selections.
Religious associations employing workers to conduct religious activities and employers “(observing) the conditions of a bona fide affirmative action plan or a bona fide merit system” would be exempt from the ordinance. Nothing in the ordinance requires a business to hire someone unqualified for a position.
A complaint must be filed 60 days after the alleged act occurred. Residents would be charged a $25 filing fee, but that fee could be waived if the resident proves that they are suffering from economic hardship.
A copy of the complaint is delivered to the accused, and they may file a response to the complaint within 15 days of receiving the document.
The committee then reviews the complaint. If there is no probable cause, it is dismissed. However, if the committee finds reasonable cause for a violation, the case is referred to a mediator for non-binding mediation. The mediator shall be selected from a list provided by the Office of Dispute Resolution of the Chattahoochee Judicial Circuit. Participation in mediation is voluntary for both parties.
If the complaint is not resolved in mediation, a hearing officer will be appointed from a list of willing attorneys approved by the City Attorney. If the hearing officer doesn’t dismiss the complaint, they would hear evidence and information from both parties. Both parties are allowed legal representation.
The hearing officer makes the final ruling, and offenders could be charged up to $500 for each violation. Appeals for judicial review can be filed at Muscogee County Superior Court 30 days after the ruling.
DeMarcus Beckham, the southern field organizer for Georgia Equality, said these ordinances do not slow down court operations in other cities. Georgia Equality is a group of two organizations that advocate for the state’s lesbian, gay, bisexual, transgender and allied communities.
“It has never,” he said. “Some of these minor cases can be handled in a quick and swift way.”
If Tuesday’s resolution passes, Garrett said the council will continue to study and adjust the enforcement process based on community feedback before the vote later this year.
One step closer to an ‘open and inclusive city’
Garrett and supporters of the legislation say the ordinance will positively affect Columbus’ economic future and encourage residents to remain in the city.
“It isn’t the end-all, be-all criteria for coming here, but it’s something they look at,” Garrett said. “When a Fortune 500 company looks, they look to see if we are an open and inclusive city.”
If passed later this year, Columbus would join 12 other Georgia cities with non-discrimination ordinances. Cities that have already passed measures include Atlanta, Savannah and Statesboro. Augusta-Richmond County and Athens-Clarke County are also considering ordinances, Beckham said.
Macon-Bibb County approved a non-discrimination ordinance in late 2020, but the legislation was vetoed by then-Mayor Robert Reichert.
Harry Underwood, a Columbus resident who handles communications for LGBTQ advocacy group Colgay Pride, said the measure is the first step towards practicing what the city preaches when it comes to equality.
“I feel that it’s important that Columbus says ... we want to keep you here. We want to show that we actually say what we mean when we do amazing, and that we do amazing by our own people,” he said.
This story was originally published May 10, 2021 at 3:52 PM.