Agenda - 04-19-2016 - 6-a - Minutes

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4 1 NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners does 2 hereby support the Non-Discrimination Policy implemented by the 3 Charlotte City Council and joins them in striving for social justice for all. 4 5 This the 22nd day of March 2016. 6 7 Commissioner Price asked if this resolution simply states that the BOCC is in support of 8 Charlotte. 9 Commissioner Jacobs said yes. 10 Commissioner Rich said she understood that if Charlotte proceeds with litigation, 11 Orange County would join them. 12 Commissioner Dorosin said that is a separate petition and depending on what happens, 13 such a petition may be brought forward. 14 Commissioner Dorosin referred to Commissioner Price's point, saying he had previously 15 asked about adding transgender discrimination to the Orange County ordinance, and that 16 County Attorney John Roberts had said such an addition was unnecessary as the ordinance 17 already covered such discrimination. 18 Commissioner Dorosin asked if he is remembering this correctly. 19 John Roberts said for a number of years Orange County's enforcement officers have 20 treated transgender issues as part of the sexual orientation language in the Orange County 21 ordinance. He said the current ordinance offers protection to Orange County citizens in this 22 matter without adding additional language. 23 Commissioner Dorosin suggested that the Board consider some type of public 24 statement that the Orange County ordinance, as written, does protect transgendered people 25 and all that may face discrimination because of sexual orientation. 26 Commissioner Jacobs asked if there is a group that the County has tried to add as 27 protected but failed to do so as the State would strike it down. 28 John Roberts said that language has been modified by the legislature and it will be seen 29 in their legislative agenda packet in April. He said the General Assembly is being asked to pass 30 legislation that will protect all. 31 Greg Wilder, County Manager's Office, said the current language, that is included in the 32 legislatives issues work group, relates to gender identity and sexual orientation. He said the 33 language is based on the prior attorney's interpretation and John Roberts said now that this 34 covers it all. 35 John Roberts said he takes a broader view of the definition of sex and gender and 36 allows enforcement officers to protect all the citizens of Orange County. 37 Chair McKee said if this resolution was to oppose the legislature interfering in local 38 affairs, then he could support it. He said this resolution seems to indicate an alignment with, or 39 a following suit of, Charlotte. He said Charlotte is not unified on its ordinance and this 40 ordinance does much more than just dictate who can use which bathroom. He said it 41 specifically takes out "showers, bath houses, YMCAs and YWCAs" and could mean camps, 42 dormitory-lodging facilities. He said he has some issues with Charlotte's ordinance. 43 Chair McKee referred to Section 12-58 of the Charlotte ordinance, which included 44 prohibited acts. He said this section violates this first amendment. He said the resolution is 45 well written and he thanked Commissioners Jacobs and Dorosin for their work. He said the 46 resolution states Orange County values but due to the resolution header stating support of the 47 Charlotte ordinance, he will not be able to support the resolution. 48 Commissioner Dorosin said he appreciated Chair McKee's opposition but said the 49 ordinance is referring to signs that say gays are not allowed, for example, and he wished that 50 the Board could pass an ordinance like Charlotte. He respectfully disagreed with Chair McKee.