Tag Archives: Houston Non- Discrimination Ordinance

Another HERO Lawsuit, and the National Fight Against Equal Rights

That onslaught of lawsuits mentioned earlier this week??  Well here it comes, right on schedule.

Equality opponents really are throwing yet another lawsuit into the mix, even after they achieved their long-fought goal of getting the Houston Equal Rights Ordinance placed on the November ballot.  As Katherine Driessen of the Houston Chronicle reports, this time their anger stems from the chosen ballot language…

Equal rights ordinance opponents on Friday sued Mayor Annise Parker for the second time this week, challenging the ballot language that will go to voters in November.

At issue is whether the ballot item should ask voters if they favor repealing the law or not, or if they support implementing the law or not. City Council approved sending the equal rights ordinance to voters on Wednesday, under order from the Texas Supreme Court to either repeal the law or affirm it and place it on the November ballot.

Then, City Council tackled the ballot language. Attorney Andy Taylor, who represents the opponents, told City Council he believed City Charter does not allow for a suspended ordinance — the law has been tabled, under court order — to be voted on by repeal.

The current ballot language asks “shall the city of Houston repeal the Equal Rights Ordinance” — so a supporter of the law would vote against it, and an opponent would vote in favor. In a press release, Taylor said the “Mayor decided to play games with the language in an effort to confuse voters on the effect of a ‘Yes’ or ‘No’ vote.”

Taylor has submitted an emergency mandamus relief request to the Texas Supreme Court. In order to meet a late August deadline for ballot items, City Council has only one meeting left to re-vote on the language if ordered to do so.

Mayor Annise Parker did not respond to a request for comment but on the Houston Matters radio show Friday afternoon she said the lawsuit lacked merit. The language, she noted, was taken from a repeal referendum petition opponents submitted last summer.

At issue is careful semantics that are embedded into the Houston City Charter.  On Wednesday, City Council approved the following language, based on the repeal petition’s original request…

“Shall the City of Houston repeal the Houston Equal Rights Ordinance, Ord. No. 2014-530, which prohibits discrimination in city employment and city services, city contracts, public accommodations, private employment, and housing based on an individual’s sex, race, color, ethnicity, national origin, age, familial status, marital status, military status, religion, disability, sexual orientation, genetic information, gender identity, or pregnancy?”

But plaintiffs filed the latest lawsuit because they contend the chosen ballot language does not satisfy rules set by Charter Article VII-b., Section 3.  Here is an excerpt of that…

…Immediately upon the filing of such petition the City Secretary shall do all things required by section 2(b) of this Article. Thereupon the Council shall immediately reconsider such ordinance or resolution and, if it does not entirely repeal the same, shall submit it to popular vote at the next city general election, or the Council may, in its discretion, call a special election for that purpose; and such ordinance or resolution shall not take effect unless a majority of the qualified voters voting thereon at such election shall vote in favor thereof.

In agreement with the Charter, the ordinance has been submitted immediately for reconsideration, and for popular vote.  But while the Charter does say that a vote must be in favor, it does not specify clearly if all votes must be in favor of the ordinance, or in favor of repeal.

On this point, there was vigorous disagreement even among the Council table.  C.O. Bradford, who supports the Houston Equal Rights Ordinance, sided with the plaintiffs on the ballot language, warning that it left City officials open for such a lawsuit as filed today.

So there you have the legal wrangling, but here’s the real reason that HERO opponents (A.K.A. the Houston Area Pastor Council/ Texas Pastor Council/ US Pastor Council) want ballot language for a vote in favor of the ordinance.  The entirety of their campaign has already been constructed around their side voting against the ordinance.  Remember the original slogan they employed was “NO Unequal Rights”

No Unequal Rights

According to sources which cannot yet be revealed by Texas Leftist, the Pastor Council has stockpiled mailers, posters, other campaign materials and possibly even media spots that they are ready to unleash against HERO.  It’s likely to be an onslaught never before seen at for a local election.  So taking away the ability to tell their side to “Vote NO!”  foils much of those plans, and forces them to reverse course and spend money on a whole new campaign.

The “Vote NO!” arena has already been tested, and victorious.  Last fall, the US Pastor Council produced a battle to defeat the Non-Discrimination Ordinance in Fayetteville, Arkansas, and won that battle with 53 percent of the vote.  Repeal 119 was one of the “test markets” for persecution of local non-discrimination ordinances across the United States.  Make no mistake… this is a national fight against equal rights, with Houston currently taking center stage.

Lest we forget, the persecution of equality is much more than a religious conviction for the US Pastor Council.  It also puts them on the fast track to fame and fortune across the United States.  Like any group that has been suddenly cast into the spotlight, they will do and say whatever they can to gain more power, money and influence.  For those that support equality, this is a necessary factor to keep in mind.

Whatever the final ballot language, this November’s election just got a lot more complicated.

No Unequal Rights

 

City Revises Subpoenas, Removes Request For Sermons

Since the story caught wildfire and continues to ricochet across the internet, the City of Houston has decided to revise the HERO Subpoena request.  Here’s more from Mike Morris of the Houston Chronicle

Mayor Annise Parker on Friday followed through on her pledge to narrow the scope of subpoenas sent to local pastors who led opposition to the city’s equal rights ordinance earlier this year.

Though the subpoena’s new wording removes any mention of “sermons” — a reference that created a firestorm among Christian conservative groups and politicians, including Texas Attorney General Greg Abbott and U.S. Sen. Ted Cruz, who accused Parker of trying “to silence the church” — the mayor acknowledged the new subpoenas do not explicitly preclude sermons from being produced.

“We don’t need to intrude on matters of faith to have equal rights in Houston, and it was never the intention of the city of Houston to intrude on any matters of faith or to get between a pastor and their parishioners,” Parker said. “We don’t want their sermons, we want the instructions on the petition process. That’s always what we wanted and, again, they knew that’s what we wanted because that’s the subject of the lawsuit.”

As readers know, the subpoenas became the quick subject of national news, rising up through the Conservative blogosphere, and landing major fodder for every media outlet from Fox News to Time magazine.  And yes of course, Texas Leftist was also reeled in hook, line and sinker.

Further into the press conference, Mayor Parker reveals to ABC 13 reporter Miya Shay that she doesn’t regret the city’s actions

Miya Shay: “Mayor do you think you would’ve bothered to change the language if not for all of the attention?”

Mayor Parker: No, we wouldn’t have.  They knew what we wanted. […] There was nothing inappropriate with their request, but it was worded in a way that allowed misinterpretation.  But no, we wouldn’t have weighed in if it hadn’t been brought to our attention.

Attorney Feldman also commented that the other side broke protocol in an effort to gain press attention.

Feldman:  In the normal discovery process… if the other side has a problem your discovery request, before you file a motion to quash, you are supposed to confer about the issue.  Had they done that in this case… they could have told us they had an issue with this request, and we would’ve agreed.  But they decided to make it a media circus.

From watching the press conference,  it seems pretty clear that the issue has caused a fair amount of stress for the Mayor’s office, due to the heinous amount of hate mail it has likely generated.  Parker was very direct with her responses, and probably just wants the saga to be over. In the end though, it is much better that the City revise and clarify the subpoenas so as not to mislead people assuming sinister intentions.

Firestorm aside, the most important aspect of these cases is yet to come.  The actual trial to determine if there will ever be a HERO referendum takes place in January.  Just remember that as was seen this week, the Houston Equal Rights Ordinance is still needed, and in fact laws like it need to be expanded to citizens across the state.  Kudos to the Mayor and the City Attorney on fulfilling a promise they made earlier in the week.  For the sake of all Houstonians, let’s try to move forward from this misstep.

Check out the press conference below…

 

Houston Subpoenas Sermons From Anti-HERO Clergy

In more big news about the Houston Equal Rights Ordinance, the city is taking an interesting new turn in its case.  Here’s more on the perplexing news from Katherine Driessen of the Houston Chronicle

Houston’s embattled equal rights ordinance took another legal turn this week when it surfaced that city attorneys, in an unusual step, subpoenaed sermons given by local pastors who oppose the law and are tied to the conservative Christian activists who have sued the city.

Opponents of the equal rights ordinance are hoping to force a repeal referendum when they get their day in court in January, claiming City Attorney David Feldman wrongly determined they had not gathered enough valid signatures to qualify for the ballot.

City attorneys issued subpoenas last month as part of the case’s discovery phase, seeking, among other communications, “all speeches, presentations, or sermons related to HERO, the Petition, Mayor Annise Parker, homosexuality, or gender identity prepared by, delivered by, revised by, or approved by you or in your possession.”

The subpoenas were issued to pastors and religious leaders who have been vocal in opposing the ordinance: Dave Welch, Hernan Castano, Magda Hermida, Khanh Huynh and Steve Riggle. The Alliance Defending Freedom, a Christian legal organization known for its role in defending same-sex marriage bans, filed a motion Monday on behalf of the pastors seeking to quash the subpoenas, and in a press announcement called it a “witch hunt.”

The city’s lawyers will face a high bar for proving the information in the sermons is essential to their case, said Charles Rhodes, a South Texas College of Law professor. The pastors are not named parties in the suit, and the “Church Autonomy Doctrine” offers fairly broad protections for internal church deliberations, he said.

When asked about the decision to subpoena the sermons in her weekly press conference, Mayor Parker immediately distanced herself from the decision, saying she knew nothing about it…

One word in a very long legal document which I know nothing about and would never have read, and I’m villified coast to coast… it’s a normal day at the office for me.  But you’re going to have to ask the City Attorney that question.

[…]

There’s no question that the wording was overly broad… It should be clarified and will be clarified.  People are rightly concerned if a government entity tries to inhibit, in any way, religious speech.  That is not the intent.

Attorney Feldman later responded, and basically echoed the Mayor’s words.  Both chalk it up to a document that they never read before issue, trusting pro bono lawyers not employed by the city to construct the subpoena.

This is what the Mayor said on Wednesday morning. But it seems in direct contradiction to what the Mayor tweeted on Tuesday night, saying the sermons are “fair game” and giving further fuel to the media firestorm…

One needs only to look at the process by which the Houston Equal Rights Ordinance was passed to see that both sides were treated with fairness and respect, even when they didn’t always deserve it.  So many in the news media seem to be rushing to the defense of the Houston Area Pastor Council, but failing to mention all of the lies and deceitful practices that they have carried out.  Just because these pastors claim to be men and women of the cloth does not mean that they are always doing God’s work.  They are the ones spreading hate and division, and deserve to be appropriately scrutinized for their actions.

But appropriate scrutiny can be well exercised without having to subpoena sermons shared with their congregations, as Feldman already stated in the press conference.  Much of that information has already been compiled by those working to protect the Houston Equal Rights Ordinance, and does not need to be extended to direct sacred practices.

Many of the people feigning complete and total outrage against the Mayor are the ones that have hated her since day one.  That’s not going to change anytime soon.  But what can change is that the city makes sure that in its effort to defend the Houston Equal Rights Ordinance, they do not isolate the many religious groups within the law’s broad community of support.  The subpoena was cause for legitimate concern, and now that Parker and Feldman have promised to redact the wording to exclude sermons, leave the issue where it is, and make sure that they correct it.  Just like in May, it’s time to practice dignity and common sense on both sides.

Texpatriate and Off the Kuff have more.

 

(photo credit:  Houston Chronicle)

LGBT Discrimination in Houston Yellow Cab

In a city as large and diverse as Houston, it’s pretty easy to get caught up in one’s own pace of life, and very easy to not be involved in local politics.  That is until local politics gets involved with you in the form of discrimination, malicious activity or an accident.  As ABC 13 reports, this is what happened to one couple enjoying a night on the town…

Travis Player and his partner, Andres Orozco, were dropped off Several blocks from their home in the Museum District recently.

“We thought he was joking until he actually pulled over,” Player said.

A cab ride home from F Bar took the fun out of Sunday Funday for them.

“We gave each other a kiss and he told us to get out of the car,” Player said.

The couple says a Yellow Cab driver kicked them out of his cab after the two started kissing, keeping it PG, in the back seat.

“The man just turns back to us and tells us that he doesn’t give gay people rides,” Orozco said. “And he proceeds to tell us we’re going to hell for being gay.”

In response to our questions, Yellow Cab sent us a statement:

“Yellow Cab immediately investigated this allegation of discrimination, including talking to the independent contractor driver. the driver stated that he would have taken the same actions if it was a man and a woman in the taxicab. Evidently, the driver was overly sensitive to passengers kissing. Yellow Cab does not have a policy about passengers showing affection in taxicabs. in fact, we encourage kissing in our taxicabs.”

“The sad reality is that it is completely legal,” said GLBT community advocate Noel Freeman.

Freeman says in the last six months, he’s heard 4 other similar stories: gay couples getting kicked out of Yellow Cab taxis, for being affectionate.

“There are no laws in the state of Texas that protect people from discrimination in public accommodations like cabs. So someone can be kicked out of a cab because they’re gay, black, because they’re a woman,” Freeman said.

The whole incident serves as a stark reminder why laws like the Houston Equal Rights Ordinance are so important.  Were the HERO law in effect today, people like Travis Player and Andres Orozco would have a direct local channel to file a complaint against that cab driver for discrimination within public accommodations.  Changing the law also decreases the incidents of discrimination because people know it’s against the law to discriminate, and they know that doing so could result in them being fined or losing their position.

Yet forces in the city of Houston are still fighting tooth and nail to destroy HERO, based on erroneous information.  For this couple’s sake, and all the other citizens of Houston, let’s hope they do not prevail.

This November, Annise Parker and none of the City Council members that passed the Houston Equal Rights Ordinance are on the ballot.  But if you care about equality throughout the state of Texas, make sure to vote for pro-equality candidates like Leticia Van de Putte, Wendy Davis, David Rosen and others.  The only way to protect all Texans from discriminatory incidents like this one is to put people in office that care about ALL Texans.

 

 

HERO Opponents Beg Texas Supreme Court For Repetitive Action

Apparently the opponents of the Houston Equal Rights Ordinance cannot take “yes” for an answer.  Even after Mayor Annise Parker already agreed that HERO will not be enforced until all matters are settled in court, the anti-equality group is not satisfied in the least.  Here’s the Houston Chronicle’s Mike Morris with more…

Opponents of Houston’s equal rights ordinance have asked the Texas Supreme Court to force the city secretary to certify the signatures on a petition they submitted seeking to trigger a repeal referendum on the law.

Houston’s 14th Court of Appeals denied a similar request on Aug. 15, ruling that the emergency writ of mandamus would have the same result as a favorable ruling in the pending lawsuit opponents filed against the city earlier this month. The plaintiffs, the judges wrote, could appeal after a ruling comes down at the trial court level.

Trial in that case is set for Jan. 19.

The new filing with the Supreme Court, turned in late Tuesday, is similar to the group of conservative pastors and activists’ previous requests. It seeks to have the court force the city to suspend enforcement of the ordinance, to put the ordinance to another vote of the City Council and, if the council does not repeal it, to put the issue before voters.

The case already scheduled for January is seeking a writ of mandamus— a court-ordered directive for the signatures to be certified, and therefore require a referendum.  But the filing to the Texas Supreme Court asks for virtually the same thing, though both sides know the January trial is already pending.

Some may wonder… if the Mayor and the City are already giving HERO haters what they want by suspending enforcement of the ordinance, why is it necessary to keep crying for a court-ordered suspension?  It’s proving to be not only a waste of time for our court system, but as Off the Kuff points out, is surely costing a mountain in legal fees.

The simple answer?  Because politics.

For one thing, the recently ousted Jared Woodfill needs something to do, or else he risks losing all relevance with the political elite.  Parker’s decision to preemptively suspend the law is a special thorn in the opponent’s side because it denies them any possible political win.  If the Houston Equal Rights Ordinance is not in effect, they don’t get to shout from the rooftops that their court order was able to suspend it.  So instead they’re trying for the next best thing… a milk-toast version of victory via paper.  In order to give their cause any hope, they are desperate for something to cling to.

It’s true that anything could happen with the Texas Supreme Court.  They may choose to take the case and push HERO to a referendum.  But even in that event, supporters are the law are ready for the fight… whether it takes place today, in January or years down the line.

See Texpatriate for more analysis on this, including a better explanation of the actual legalese.

Houston Equal Rights Ordinance Won’t See 2014 Ballot

After dropping a temporary restraining order, a State District Judge has set the all important court date for the Houston Equal Rights Ordinance.  As a result, Houstonians will not be voting on HERO in 2014.  Here’s the story from Mike Morris of the Houston Chronicle

Opponents of Houston’s equal rights ordinance dropped their request for a temporary injunction Friday that could have triggered a repeal referendum this November.

Now, their lawsuit against the city is scheduled to be heard Jan. 19, 2015, a trial date ordinance opponents called “expedited” and among the reasons they agreed to withdraw the request. For the city, though, the withdrawal marks a victory in what could be a lengthy legal battle.

The injunction sought by the ordinance foes would have forced City Secretary Anna Russell to certify their petition and sent the issue to an emergency city council vote in order to get the repeal referendum on the November ballot. The group of conservative pastors and activists was also asking the city to suspend enforcement of the ordinance, though Mayor Annise Parker had already agreed to do so until a ruling is issued.

The expeditious trial date is welcome by supporters and opponents, because in the case of HERO, all parties want answers as soon as we can get them.  By Parker’s order, the Houston Equal Rights Ordinance is still not in effect because of the anticipated legal drama, and the longer we wait to enact the law is the longer that Houstonians have to endure city-sanctioned discrimination.

But at least for now, both sides can plan their actions accordingly, knowing that they do not have to wage an aggressive ballot campaign for this November.  However, there is still a possibility that the signatures could be ruled valid and HERO would then come up for a referendum in 2015… a scenario that many municipal candidates are not excited about.

Many have debated on which year would be best to have a HERO referendum, and depending on the circumstances it could be won or lost in either 2014 or 2015. The 2014 ballot would yield higher turnout than the municipal-only contest next year. But given that it’s solely a City of Houston measure, supporters of HERO are cautious, but confident they could win in any scenario. After all, this is the same electorate that supported Mayor Parker in three mayoral elections (nine if you count back to her Council Member days), even after enacting a similar non discrimination Executive Order in 2010. Any way you see it, Houston voters have shown that they support the principles of equality and fairness, which is unlikely to change.

Off the Kuff and Texpatriate have more.

Why A HERO Referendum Could Be Good for Houston And Texas

After years of planning, a slew of phone calls, repeated trips to City Hall, organizer trainings, exhaustive blog posts and countless closed-door meetings with Council Members, citizens finally found a voice when the Houston Equal Rights Ordinance was passed on May 28th.  The new law instituted an historic new level of protections for all Houstonians, and for many was a cause for celebration.

But today, after being dealt what in their view was an affront to their values, the opposition to HERO struck back, turning in 50,000 petition signatures to City Hall (pending verification by City Secretary Anna Russell).  If at least 17,000 of them are verified as residents of the city, then the Houston Equal Rights Ordinance will be placed on the November ballot, and could even be voted down.  Supporters of HERO will have to work even harder to thwart the litany of lies, and convince voters to keep this critical law on the books.

The referendum is going to be hard work, but it could actually end up being very good, not only for Houston Progressives, but for Progressive causes across Texas.  Here are the reasons why.

For starters, Houston is ready for the referendum.  Long before a non-discrimination bill came before Council, supporting organizations have been preparing for the possibility of a city-wide vote.  The campaign to defend the ordinance is well under way, and has already engaged a broad coalition of organizations and elected officials.  You can learn more about the Equal Rights Committee at the Equal Rights Houston website.

Secondly, as a city-specific referendum, the math is on HERO’s side.  The opposition is asking voters to repeal a law that their elected representatives passed.  In general, that’s tough to do.  But that vote also occurs only in the city of Houston… the same electorate that sent Mayor Parker to office three times in a row.  In every past election, similar argument’s about Parker’s “evil LGBT agenda” have been waged against her, and they have never won.  After seeing Houstonians through a recession, and 4 years of record job growth and prosperity that other cities in the nation only dream of, are Houston voters really going to get enraged enough to vote this down?

As Houstonians like the talented Christopher Busby prove, Equal Rights should NOT be a Democratic or a Republican issue.  Sad though it is, the fight for HERO has become politicized, with most of the opposition’s coalition being Republican (again, not all but most).  Because of this, a referendum will likely serve as a motivator for Democrats to vote in Houston and Harris County.  It could even stand to boost turnout for Democratic candidates.  Again as mentioned in the above, this is specifically the city of Houston, whose electorate has already proven that they vote on the Progressive side.  This assumption could be wrong, but barring some smoking gun to move the issue, it’s not likely.  Giving Houston’s Democrats another big reason to get out the vote is sure to have statewide implications.

Finally, the opposition is built on lies and misconceptions about the law.  The Houston Equal Rights Ordinance isn’t a mystery anymore. It’s a real law, and is available on the city’s website for any and all to read.   Even for the people that are confused, they can go to the link above and actually read the ordinance.  The Mayor said it best in today’s press conference…

“It is illegal today, it will be illegal tomorrow, it will be legal after HERO for a man to go into a woman’s bathroom.”

Like the childhood legend of monsters under the bed, fear dissipates when mom or dad flips the light on.  HERO has been brought to light, and there’s NOTHING scary about it.

There’s still a possibility that the petitions could be invalidated, but for now, it’s time to plan as though the referendum is going on.  HERO needs some heroes again, and I strongly suspect that they are on the way.