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5 <br /> 1 <br /> 2 WHEREAS, on February 22, 2016, the Charlotte City Council approved a local ordinance that <br /> 3 adds marital status, familial status, sexual orientation, gender identity, and gender expression to <br /> 4 its list of categories protected from discrimination in city contracting and public <br /> 5 accommodations; and <br /> 6 <br /> 7 WHEREAS, on March 22, 2016, the Orange County Board of Commissioners adopted a <br /> 8 resolution supporting Charlotte's nondiscrimination policy; and <br /> 9 <br /> 10 WHEREAS, on March 23, 2016, the North Carolina General Assembly in special session <br /> 11 ratified and Governor Pat McCrory signed House Bill 2 (Session Law 2016-3), the Public <br /> 12 Facilities Privacy & Security Act which further limits the ability of local governments to address <br /> 13 issues on a local basis; and <br /> 14 <br /> 15 WHEREAS, House Bill 2 [HB2] appears to repeal the Charlotte ordinance by establishing new <br /> 16 statewide standards for what constitutes discriminatory practice in employment and public <br /> 17 accommodations; and <br /> 18 <br /> 19 WHEREAS, the omission of sexual orientation, gender identity, gender expression, and other <br /> 20 categories from the statewide list of categories protected from discrimination means that <br /> 21 protections on these bases appear to be unavailable through state law, and that local <br /> 22 governments appear to be preempted from offering these protections to their residents; and <br /> 23 <br /> 24 WHEREAS, HB2 appears to eliminate the right of any person to bring a civil action in a North <br /> 25 Carolina court for a claim of discrimination in employment or public accommodations on <br /> 26 account of race, religion, color, national origin, age and biological sex, as well as handicap for <br /> 27 employment only; and <br /> 28 <br /> 29 WHEREAS, HB2 is inconsistent with the Equal Protection Clause of the United States <br /> 30 Constitution; and <br /> 31 <br /> 32 WHEREAS, Orange County is dedicated to assuring that the principles of equality, <br /> 33 nondiscrimination and full inclusion and engagement extend to all residents, and that no <br /> 34 persons are denied their civil or human rights; <br /> 35 <br /> 36 NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners <br /> 37 urges the North Carolina General Assembly to repeal House Bill 2 [HB2] in its entirety at the <br /> 38 earliest opportunity; and <br /> 39 <br /> 40 BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners reaffirms its <br /> 41 duty to protect and advance the constitutional rights and equitable treatment of all residents of <br /> 42 Orange County as well as its primacy in understanding and best reflecting the values of <br /> 43 our constituents; <br /> 44 <br /> 45 BE IT MOREOVER RESOLVED, that the Orange County Board of Commissioners asks the <br /> 46 Orange County Clerk to send copies of this resolution to the members of the Orange County <br /> 47 delegation of the General Assembly and to the North Carolina Association of County <br /> 48 Commissioners. <br /> 49 <br /> 50 This the 19th day of April, 2016. <br /> 5 <br />