In a meeting that hit the three-hour mark and saw attendance fill the chambers and spill into the hallway, two major issues cleared the City Council on Monday night.
Councilors voted to strengthen civil rights protections for lesbian, gay, bisexual and transgendered individuals before moving on to approve funding for the long-discussed overhaul of North Main street: the first major investment in the area in a generation.
LGBT
While they’ve been a protected class for four years in the city, LGBT people now have backing to protect against discrimination.
After a lengthy discussion that included more than 20 speakers from the public, the City Council voted 7-2 to amend its human rights ordinance to give the Human Relations Commission enforcement and investigatory powers into claims of discrimination on the basis of sexual orientation and gender identity.
Under the old city ordinance, sexual orientation and gender identity were included as a protected class in the city’s Human Relations Commission code, but investigations were voluntary.
That meant a homosexual or transgendered person could b efired froma private business, denied housing, refused service or kicked out of school, and the case would be closed if the accused party didn’t comply with an investigation.
Under the amendment approved Monday night, accused parties can’t opt of an investigation. That gives the Human Relations Commission authority to investigate claims of discrimination against the LGBT community the same as it does for race, sex, age, religion, disability, national origin or ancestry.
City Councilwoman Michelle Mercer, R-At-Large, was the most outspoken critic of the ordinance.
Mercer, who was elected to the council in November, failed in an attempt to table the ordinance to a later meeting. She said she feared Evansville would be sued and that the ordinance violated the state constitution.
Indianapolis, Carmel, Bloomington and Columbus have pending lawsuits against them for their LGBT protections.
Councilman Justin Elpers, R-5th Ward and also a newly elected council member, also wanted to provide more religious exemptions and hold off on a vote.
Mercer and Elpers supported strengthening civil rights protections for sexual identity and gender orientation during a candidate forum in October, two weeks before Election Day. Councilman Dan McGinn, R-1st Ward, supported the ordinance.
“(The U.S. Constitution) is not like a menu at the restaurant. You don’t pick one from column A, one from column B and one from column C and leave the rest on the table,” he said. “The Founding Fathers put these amendments in for a reason. They are not mutually exclusive.”
Religious exemptions do apply. With the amendment passed Monday, churches, religiously affiliated nonprofits, religious schools and other official religious organizations are exempt from the commission’s reach to enforce anti-discrimination claims.
That’s not enough, Mercer said.
She sought amendments that would’ve broadened the definition of religious affiliation to private businessesor individuals with a “religious conscience.”
More than 20 spoke for or against — mostly against— the human rights ordinance as the meeting stretched past three hours.
Those against the ordinance had a common theme: Christians don’t hate but the legislation is not needed and impedes on religious liberty.
Darrell Rice, pastor at the The Connection Church, said the ordinance is unneeded and that he doesn’t think any groups, no matter who they are, should have special protections. Skylar Julian, a 17-year-old transgendered male, broke down in tears as he spoke before the council Monday in favor of the ordinance.
“Where is my right to live happily? You can’t take that away from us,” he said.
NORTH MAIN
The City Council approved an overhaul of North Main Street that members hope will be catalyst for more projects and less blight.
Costs are not to exceed $16.7 million. The renovation includes a protected bicycle path on the east side of the street from Division Street to Garvin Park, along with streetscape improvements and a new parking design.
Forty-four on-street parking places from Division to Maryland Street will be lost, but 120 off street parking places will be gained along the corridor.
Department of Metropolitan Development Director Kelley Coures said that since he’s been with DMD, he’s worked harder on the North Main Street renovation than any other project, aside from the Downtown convention hotel. Coures and neighborhood groups such as Jacobsville Area Community Corp. and Jacobsville Join-In championed the project.
The Rev. Joe Easley, president of JACC, said the project is “a tangible step” toward renewal of the neighborhood and will lure private investment there.
Jacobsville Tax Increment Financing, which will be used to pay off the bonds, brings in about $1.9 million per year and had a balance of about $4.5 milliongoing intotheproject.
Construction is projected to cost $13.4 million. Other costs in the bond include Vectren’s expense to bury utility lines, bond counsel and a contingency for unexpected issues. Coures said it’s hoped the full $16.7 million won’t be required to complete the project.