In early November the Macon-Bibb County Commission approved broad new non-discrimination protections with a narrow 5 to 4 votes. The ordinance will ban discrimination in employment, housing, and public accommodations based on race, religion, color, sex, disability, national origin, ancestry, sexual orientation, gender identity, or military status. Under the ordinance, businesses cannot discriminate by withholding any goods, services, or accommodations.
“To go through the federal process is very time consuming, it’s very expensive and basically for many if not most, it’s a complete turnoff. This is to provide a local mechanism to handle these situations,” said one of the ordinance’s sponsors, Commissioner Larry Schlesinger.
Schlesinger noted a Bibb County case where a former Lowe’s employee is suing the home improvement giant for allegedly discriminating against him because of his sexual orientation.
Before the vote on this historic decision, Mayor Robert Reichert opened the Macon-Bibb Co. Government Building Chamber to a limited number of county citizens for public comment on the ordinance. Faith leaders, business owners, local lawyers, and others made their arguments for and against the ordinance during a virtual public hearing that included several transphobic comments.
Commissioner Mallory Jones was one of the opposition Commissioners. Jones says he isn’t against the entire ordinance but just one part, gender identity.
A week after the Commissioners passed the ordinance Mayor Robert Reichert sent out a statement vetoing the legislation. In his veto, he wrote that emotions are running high in this case, but he ultimately vetoed it after considering what would be the best outcome for the community as a whole.
If signed by the Mayor the ordinance, Macon-Bibb County must review initial complaints of alleged violations, then refer cases to an independent mediator for non-binding and voluntary mediation. A complaint must include a $75 filing fee and come within 60 days of the alleged act of discrimination.
If mediation fails to resolve the complaint, the case goes to an independent hearing officer. Fines against any violation by person or business go up to $500.
The non-prevailing party in the complaint pays the mediator and hearing officer fees.
The ordinance carves out exceptions, including non-profit private clubs not open to the public and religious organizations operating non-commercial facilities. The ordinance does not address hate crimes, as some measures passed in other cities do.
– DeMarcus Beckham
Southern Field Organizer
Georgia Equality | Equality Foundation of Georgia