City Council narrowly defeated an ordinance that would have added language banning discrimination based on sexual orientation before striking down its original form Wednesday, putting an end to months of discussion and debate among the public and Council alike.
The substitute legislation would have banned discrimination on just sexual orientation, provided more safeguards for religious institutions and limited conciliation of complaints to the Human Rights Commission instead of legal recourse. It was seen as a compromise that generated more Council support, but was voted down 10-9.
After the substitute was denied, the original bill was soundly defeated 17-2.
The original included more expansive language, similar protections for gender identity and potentially allowed legal recourse.
The bills would have included the sexual orientation, and potentially gender identity, classes into protected class status within City code — joining age, race, gender, religion, disability and national origin — that prohibited discrimination in housing, employment and public accommodations.
“This provides some degree of remedy. It’s not a solution, it doesn’t solve every problem,” said Council member Warren Jones, the bill and substitute’s introducer, before the vote. “It puts us in a posture where it gives redress needed, but it protects the rights of those who are small (businesses) and have religious beliefs.”
Council member Greg Anderson also spoke in favor of the substitute before the votes.
Voicing opposition before the votes were Council members Don Redman, Clay Yarborough, Kim Daniels, Bill Gulliford and Robin Lumb, each with different reasons that included economic and moral factors.
Because the bill was introduced in May, the original vote could have
happened June 12, but public debate swelled and Council members were on summer break for the first two weeks of July. In the time since being introduced, public comment sessions during meetings have largely been about the issue with both proponents and opponents spending hours spreading their messages.
Following the vote, both cheers and jeers were expressed as the chambers emptied, with Council President Bill Bishop calling for a five-minute recess.
“Just a huge disappointment. It has to do with personal freedom for anybody,” said Matt Carlucci, a former Council president who strongly supported the legislation.
“It’s not a good day for Jacksonville’s history, in my opinion,” he said.
Carlucci said he thought the issue would be undertaken in the future and that he would again support it when it does.
Business leaders tried to make an economic development case for passage of the legislation and JAXUSA Partnership President Mallot said the Council’s decision against supporting the expansion of the human rights ordinance was disappointing.
The opposition “does not reflect the attitude of the business community,” he said.
He said it was difficult to determine how the situation would affect economic development.
“I suspect there will be competitors and groups that will attempt to show a difference” between Jacksonville and competitive communities with rights that extend to cover sexual orientation.
Downtown Investment Authority gets Council OK
The Downtown Investment Authority, the second portion of Mayor Alvin Brown’s proposed economic development reform, passed Council by a 15-0 vote following brief discussion and clarification of the use of Community Redevelopment Area funds.
Prior to the vote, Council member John Crescimbeni, chairman of the Finance Committee, questioned whether funds devoted toward such areas were swept into the general fund as they have been for the past several years or would be programmed. He said he was also concerned about Council oversight on such future project funding being shipped to the general fund, instead of those specialized accounts charged with funding projects within the designated areas.
Mayor Alvin Brown’s Chief of Staff Chris Hand addressed the Council and said the intent was for the community redevelopment funds to not be swept into the general fund and that the administration would offer budget-neutral solutions to the Finance Committee in the near future.
In addition, City attorneys and other Council members said that project funding from those areas would continue to be through the funds and would need Council approval through a plan that it reviews every year.
Crescimbeni said he still had “great reservations” about the issues, but voted for it and said he looked forward to hearing the administration’s proposal to offset the close to $5 million additional hole that not sweeping the funds would incur.
Following the vote, Mayor Alvin Brown issued a statement in support of Council’s action.
“The DIA will intensify the effort to direct good-paying career opportunities and economic activity to our City center,” Brown said in a news release.
Brown will now appoint five members to the nine-member board, with Council appointing the other four. When all are confirmed by Council, board members will then hire an executive director and create a development plan that will also be Council approved.
Mallot said he expects the mayor and Council to make their appointments to the authority soon.
He said staff will gather existing Downtown plans toward developing an action plan for the board.
“A lot of good work has been done,” he said. That plan will detail “the scope and breadth of what Downtown is.”
Once a plan and vision is in place, “you will see people come forward with greater confidence” to develop and invest in Downtown, he said.
Mallot also said he expected the mayor to appoint a chief economic development officer “in the not too distant future” to head the new Office of Economic Development.
Don Shea, Jacksonville Civic Council executive director and consultant to the Downtown effort, said the review of the legislation took longer than he anticipated but he was overall happy with the result. He said he would continue to advise the new Downtown effort and was interested to see the board member makeup and plan they created.
Other news from Wednesday’s meeting:
• An ordinance to approve a referendum straw poll for the Nov. 6 ballot regarding Council appointing three members to the five-member Police and Fire Pension Fund Board of Trustees, instead of its current two, was denied. It was proposed as an emergency measure, which required 13 of the members present to approve because of a deadline with the Supervisor of Elections office. It failed with a 12-4 vote, with Council members Daniels, Redman, Carter and Brown against. Crescimbeni introduced the bill and said the straw poll would have put additional pressure on the state Legislature to make the change, which Council cannot do. Currently, Council appoints two members, police personnel appoint one member and fire personnel appoint one member, with the final member appointed by those four selected members. The change would let Council make the fifth selection.
• Several members of the St. Johns River Ferry Commission are now official. Members Aaron Bowman, Elaine Brown, Richard Redick and Larry Williams were all confirmed by Council.
• Terrance Ashanta-Barker was confirmed as the City’s Neighborhoods Department director, but, just as during his Rules Committee review, his background was questioned by several Council members. Council member Matt Schellenberg said he would not vote for Ashanta-Barker due to his wife’s job as chief of staff for Debbie Wasserman Schultz. Council member Stephen Joost said political affiliation should not matter for the position and candidates should come from all backgrounds and regions, while Council member Denise Lee questioned whether any candidates more affiliated with Jacksonville were available. Ashanta-Barker comes from Cincinnati.
• Council passed a resolution regarding consolidating and relocating facilities of the Supervisor of Elections with assistance from the Office of General Counsel, administration, Council Auditors Office and supervisor. The resolution seeks research and report on financing avenues to relocate the office’s canvassing board and warehouse facilities from the Gateway Town Center to 816 W. Union St., also known as the “Sax Property.”
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