Springfield Sexual Orientation and Gender Identity

Ordinance

SOGI OrdinanceIn October 2014, the Springfield City Council passed Council Bill No. 2014-189 which became city ordinance 6141

In November 2014, a petition drive to have the ordinance repealed gathered enough signatures to place the repeal on the April 7, 2015 ballot

This is part of their strategic plan as outlined in their 2010 document

2010

Task Force for the Mayor’s

Commission on Human

Rights and Community

Relations

City of Springfield, Missouri

March 17, 2010

Strategic Plan

2010 Strategic PlanThe Mayor’s Commission on Human Rights and Community Relations formed a Task Force to develop the Strategic Plan

The Task Force had 12 goals

Goal 3Goal 3 — Coordination with Businesses

Require all business license recipients in the City of Springfield have certification from the MCHRCR, following the example of Kansas City. All non-profits that distribute federal funding should also receive MCRHCR certification.

Ensure diversity training and diversity in hiring

Monitor businesses that infringe on human rights

Goal 3The development of a program, should a business choose to participate, they would agree to meet guidelines developed by members of the MCHRCR. Upon certification, wherein it is found to meet the guidelines, said business would be given a window decal and electronic images (for use on their website, ads, media, etc.) to show they are a business in good standing with MCHRCR of Springfield, MO

Imposing a nominal fee to the businesses wishing to participate.

Goal 3Performance Measures: Businesses in the community will be recognized. Awards might be presented at a City Council meeting. Business people will choose to participate (will put MCHRCR stickers on their premises).

Goal 5Goal 5 — Coordination with Schools

Collaborate with the city of Springfield schools to teach about diversity within the schools and help create a safe environment for all school aged children (K-12) within the community.

Activities would include all school aged children (public, private, home schooled).

Goal 5Such partnerships will increase sensitivity in the community by educating children about values and concerns of diverse groups (their norms and customs) through various educational methods: training, workshops, articles, cultural events, etc.

Help to keep from losing our talent to other more open regions. Stimulate growth and not be stagnant to new ideas.

Goal 6Goal 6 — Coordination with City Government

Add sexual orientation and gender identity protections to the Springfield ordinances/policies dealing with employment, fair housing and public accommodation.

Coordination: MCHRCR with other advocacy groups such as PROMO.

Goal 9Goal 9 — Become a state certified enforcement agency

Take the necessary steps to become a state certified Human Rights Commission through the State of Missouri Human Rights Commission and establish the City of Springfield Mayor’s Commission on Human Rights and Community Relations ordinance as substantially equivalent according to Missouri State Statutes section RSMo 213.131.1.

Goal 10Goal 10 — Change Powers of Commission

Review the current City of Springfield ordinance and City of Springfield Charter to change the current Mayor’s Commission on Human Rights and Community Relations powers from an advisory board to an administrative board.

Administrative board to which the power and duty of administering a department or agency of the city is entrusted with the necessary authority vested in such board to carry out such power and duties.

SOGI OrdinanceThis adds sexual orientation and gender identity to the list of protected classes of individuals like race, creed, sex, handicap, age, national origin, and ancestry.

This ordinance makes it illegal for employers, labor organizations, and employment agencies to discriminate against any individual based on their sexual orientation or gender identity.

Gender Identity“Gender identity means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth.”

Religious ExemptionPreviously it was a blanket exemption for religious organizations.

Now it includes only certain employees whose primary duties include are participating in or supervising religious teaching, spreading doctrine, religious worship, etc.

Does it include the office secretary or someone you hire to supervise the nursery?

Investigatory Powers“. . . the commission shall have access at all reasonable times to premises, records, documents, individuals or other evidence or possible sources of evidence, and may examine, record and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation”

Dispute Resolution“If the commission determines that there is probable cause, it shall attempt to have the issue resolved through mediation or some other method of dispute resolution. If the respondent is unwilling to participate in dispute resolution, or the dispute resolution does not successfully resolve the complaint, the commission may forward the matter to the city prosecutor.”

Violation“Any person who shall violate any of the provisions of this article shall be punished upon conviction thereof in a municipal court as provided by section 1-7.”

City Code Sec. 1-7Sec. 1-7. General penalty; continuing violations.

“. . .the violation of any such provision of this Code or other ordinances of the city shall be punished by a fine of not more than $1,000.00 or by imprisonment in jail for a period not exceeding 180 days, or both such fine and imprisonment.”

“Every day any violation of this Code or any other ordinance of the city shall continue, such violation shall constitute a separate offense.”

City Code Sec. 1-7The fine for violating this ordinance is up to $1,000 fine and/or 180 days in jail.

Each day of violation is a separate offense, so you can be fined $1,000 per day for every day you are in violation.

The maximum prison term is 180 days.

Definitions“Passenger transportation system means publicly or privately owned, operated or managed . . . and shall include all of the stations, terminals and facilities appurtenant thereto.”

Facilities includes restrooms

If you own any business open to the public and have restrooms accessible to the public you can not tell a man who claims to be transgendered to leave the women’s restroom.

Evergreen State College

A public college says Washington state law requires them to allow a 45-year-old biological male student to use the women’s locker room because he identifies as a female. Meanwhile, concerned parents say girls as young as 6-years-old have been exposed to his “male genitalia” in the facilities.

Evergreen State College spokesman Jason Wettstein told Campus Reform that the school must “follow a non-discrimination policy with the state.”

Evergreen State College

Evergreen State College also rents its swimming pool and other facilities out to two high school swim teams. Parents are understandably uneasy about an adult man being allowed to freely enter the women’s locker room. Several complaints and even police reports have been filed about the male student exposing young girls to his “male genitalia.” Police were, however, advised by the local prosecutor’s office that “criminal law is very vague in this area and it would be unlikely they could pursue charges.”

The OppositionThe opposition is One Springfield

As of Feb. 26, they have received $128,300 in total contributions

Monetary: $73,424

In-Kind: $51,951

Money on hand: $55,535

DonorsMEC Report date: Feb. 26, 2015

PFLAG, Springfield: $5,000

Straight for Equality, Springfield: $5,000

GLO Community Center, Springfield: $5,000

The Old Glass Place, Springfield: $7,500 In-Kind

DonorsGill Action LLC, Denver: $10,000

PROMO, St. Louis: $10,000 + $3,573 In-Kind

The Human Rights Campaign, Washington DC: $37,185 In-Kind

A national organization promoting gay rights

Their 2013 Program Expenses were $26 million

SummaryThe Mayor’s Commission has complete access to your business records if a complaint is filed.

The religious exemption is very narrow.

The penalty is up to $1,000 per day and/or up to 180 days in jail.

Public restrooms are safe havens for sexual predators claiming to be transgendered.

Vote YES on Question 1 on April 7