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3 <br /> RES-2016-031 DRAFT <br /> ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS <br /> RESOLUTION CALLING FOR THE REPEAL OF <br /> SESSION LAW 2016-3/HOUSE BILL 2 <br /> WHEREAS, on February 22, 2016, the Charlotte City Council approved a local ordinance that adds marital <br /> status, familial status, sexual orientation, gender identity, and gender expression to its list of categories <br /> protected from discrimination in city contracting and public accommodations; and <br /> WHEREAS, on March 22, 2016, the Orange County Board of Commissioners adopted a resolution supporting <br /> Charlotte's nondiscrimination policy; and <br /> WHEREAS, on March 23, 2016, the North Carolina General Assembly in special session ratified and Governor <br /> Pat McCrory signed House Bill 2 (Session Law 2016-3), the Public Facilities Privacy & Security Act which <br /> further limits the ability of local governments to address issues on a local basis; and <br /> WHEREAS, House Bill 2 [HB2] appears to repeal the Charlotte ordinance by establishing new statewide <br /> standards for what constitutes discriminatory practice in employment and public accommodations; and <br /> WHEREAS,the omission of sexual orientation, gender identity, gender expression, and other categories from <br /> the statewide list of categories protected from discrimination means that protections on these bases appear <br /> to be unavailable through state law, and that local governments appear to be preempted from offering these <br /> protections to their residents; and <br /> WHEREAS, HB2 appears to eliminate the right of any person to bring a civil action in a North Carolina court <br /> for a claim of discrimination in employment or public accommodations on account of race, religion, color, <br /> national origin,age and biological sex,as well as handicap for employment only; and <br /> WHEREAS, HB2 is inconsistent with the Equal Protection Clause of the United States Constitution; and <br /> WHEREAS, Orange County is dedicated to assuring that the principles of equality, nondiscrimination and full <br /> inclusion and engagement extend to all residents,and that no persons are denied their civil or human rights; <br /> NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners urges the North <br /> Carolina General Assembly to repeal House Bill 2 [HB2] at the earliest opportunity; and <br /> BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners reaffirms its duty to protect <br /> and advance the constitutional rights and equitable treatment of all residents of Orange County; and <br /> BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners authorizes the County <br /> Attorney to support, join and/or initiate litigation seeking to challenge and overturn the provisions of HB2; <br /> and <br /> BE IT MOREOVER RESOLVED, that the Orange County Board of Commissioners asks the Orange County <br /> Clerk to send copies of this resolution to the members of the Orange County delegation of the General <br /> Assembly and to the North Carolina Association of County Commissioners. <br /> This the 19th day of April, 2016. <br /> Earl McKee, Chair <br /> Orange County Board of Commissioners <br />