My e-mail to Fellow Elected American Fork City Officials and Those to Take Office Re Non-Discrimination Ordinances

The following is my edited e-mail to fellow Elected Officials in American Fork (as well as some editorial comments). 

Dear Colleagues,

I have spent some time over the weekend in further study, discussion and contemplation regarding the above. My position and reasons are set forth below.

My Position: I cannot support both Non-Discrimination ordinances as written or amended. Nor will I vote in favor of a non-binding Resolution.

My Reasoning: (In no particular order. It is further non-exclusive. Please excuse repetitive arguments made in previous meetings).

• No demonstrative need. (There has not been a documented case of discrimination in housing or employment in American Fork). Note: This fact was acknowledged in a November Work Meeting. Nothing has been submitted since. As a proponent of limited government; if there is no need, don't legislate.                                                                                                                      
   
• Terms and content of the ordinances are not clearly identified. they are fundamentally flawed. Self defined terms are difficult to interpret and enforce. 
• Privacy issues exist. Transgenderness creates issues among co-workers.
• The ordinances protect an unprotected class; even though it states it is not creating a special class, it does. The class in this ordinance (sexual orientation and transgenders) seek protection, yet does not want to be a protected class.
• The ordinances legislates perception. How do you determine or sort that out? 
• Costs and Administration are undetermined. Costs? Unknown. Who will administer it? The Mayor's Office. Is that a good idea? 
• More and longer Public Process is needed. From Salt Lake City's own Intra Staff Memo dated November 9, 2009 states the following:  SLC spent 2 years studying and researching similar ordinances. American Fork has spent less than 2 months. Many businesses as well as citizens have not heard about the ordinances. In over 2 months, Salt Lake City held 5 "Dialogue on Discrimination Series,"  meetings in different venues and discussed all forms of discrimination. SLC invited the public, stakeholders and business owners. Focus groups were formed after the dialogue and/or presentations. SLC commissioned Westminster College to conduct an exhaustive city wide scientific survey. SLC also had an ongoing Public Comment period. American Fork City has had 2 work sessions, where public input was limited, with little notice. One 20 minute Public Hearing is scheduled Tues 12/13 at 7p. Not enough due process for the public and all stakeholders. 
• Ordinances such as these should have input, if not actual legislation from the 2012-2014 incoming City Council. (Not that we should "punt" or shy away,  but the question here is not "ripe" and is hasty). The incoming City Council will have to enforce the ordinance. 
• The Poll referred to by ordinance supporters regards state legislation not municipal. 
• The LDS Church has not called for statewide adoption of SLC's ordinance. Mr. Otteson from the Church will not be in American Fork on Tuesday night. 
• There are too many unknowns. 

 Thank you for your consideration. If you have any questions, please don't hesitate to  call.

 With best regards and yours

 in American Fork City,

 Shirl Don LeBaron

 American Fork City Council Member 

802 e. bamberger dr. ste b                                                                                               american fork, ut 84003                                                                                                               [email protected] | www.afcity.org                                                                                                 www.lebaronlaw.com | www.twitter.com/shirllebaron

 

       

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Comments

[Concerned Citizen]

thanks for posting your thoughts on the matter.

first, your rationales of "no demonstrative need" and "cost" contradict each other.

second, i don't understand your statement that the ordinance would legislate "perception"? how would deciding anti-gay discrimination cases would be any more difficult than deciding, for example, religious discrimination cases.

third, Elder Holland said regarding the SLC ordinances that "anything good is shareable." i'd like to hear your thinking on why "good" plus "shareable" does not add up to an implicit endorsement by the LDS church for passing these ordinances in AF.

[Bryson]

I haven't read the entire bill, so my response may be out of place or poorly informed, but I still don't understand why you're opposed to this bill. You claim there is "no demonstrative need." Allow me to explain: You have a law that allows people to strip away each other's basic rights. The issue isn't whether or not there has been a "documented case of discrimination in housing or employment in American Fork." The issue is that it if there were a case, you would do nothing about it. That should be need enough. "Costs and Administration are undetermined," since when does cost ever play into whether or not you do the right thing? (I'm not an expert, but I don't see why the cost of passing this bill would be anything but zero). "The LDS Church has not called for statewide adoption of SLC's ordinance," what does that have to do with anything? Are you waiting for the church to tell you how to vote? "More and longer Public Process is needed," if something is wrong, show courage and fix it. Don't wait to see if it's politically convenient.

I'm sure you're a nice guy, but your reasons for not passing this ordinance are lazy and show a lack of concern for the rights of others. We're talking about the rights and security of real people. And you are sending a clear message that you don't care. This law is everything that is wrong with the treatment of homosexuals in Utah. Please realize that and fix it.

[Eric Ethington]

I would ask yourself sir, how many incidents of discrimination or bigotry are acceptable before you stand up for the people who elected you to office? How many before your heart softens.

Whether you are supportive of your LGBT neighbors or not, can you not find it in your heart and your soul to see them as human beings, worthy of dignity and basic human respect?

Your own Church (please forgive me for assuming your are LDS, if I'm incorrect I apologize)has spoken on several occasions about the importance and necessity of these laws. After SLC passed their ordinances, Elder Holland stated that the ordinances should be passed statewide (see http://bit.ly/4xh8pC). And in Logan, some City Council members posed your same questions, only to call the Church and be encouraged by the 12 to support the ordinances.

This is 'loving your fellow men' at its best.

Show the people of American Fork that their community is a welcoming one, and not a place of bigotry, fear or hatred.