Resource Center Dallas is calling on the city to investigate whether the intent of its ordinance prohibiting anti-LGBT discrimination is being honored.
In a letter today to three city council members, Resource Center’s Rafael McDonnell points to Dallas Voice reports saying that in the nine years since the ordinance was passed, more than 40 complaints have been filed, but none has ever been prosecuted.
McDonnell’s letter to Councilwomen Angela Hunt, Delia Jasso and Pauline Medrano was triggered by reports on this blog last week about anti-gay discrimination by the Baylor Tom Landry Fitness Center, which has repeatedly refused to sell family memberships to same-sex couples.
The city ordinance, passed in 2002, prohibits discrimination based on sexual orientation in employment, housing and public accommodations. Gender identity is included in the definition of sexual orientation under the ordinance. Each violation of the ordinance is punishable by a maximum $500 fine.
A Dallas Voice investigation in 2008 concluded that at the time, 33 complaints had been filed under the ordinance. In 22 of those cases, the City Attorney’s Office determined that there was no cause to prosecute.
Of the other 11 cases, three were successfully resolved through mediation; three people withdrew their complaints after signing statements indicating that defendants had taken actions necessary to address their concerns; five complaints were found to be nonjurisdictional, meaning the incidents occurred outside city limits or defendants were exempt from the ordinance; and in one case the party filing the complaint couldn’t be located.
Here’s the full text of McDonnell’s letter:
Dear Councilmembers Jasso, Medrano and Hunt,
As you three know, Dallas is one of a handful of cities in Texas that includes sexual orientation and gender identity in its non-discrimination policy. Resource Center Dallas is proud to be in a city offering such protections. We assume that you, like us, are disturbed by last week’s stories on the Dallas Voice’s blog.
The Voice reported that a gay couple who recently moved to Dallas sought to join Baylor’s Tom Landry Center under the family membership program. The couple was advised that Baylor only offers family members to people who are married as defined by Texas law. There is no same-gender alternative, which, to us, is monetized discrimination.
The Voice’s blog also reported that since the ordinance became law in 2002, more than 40 complaints have been filed. Yet, shockingly, the City has not prosecuted one of those complaints. Is this correct? Are complaints being resolved through mediation, settlements, or are the lesbian, gay, bisexual and transgender people filing these grievances walking away empty-handed?
We write to ask for your help. We would like for you to call for an investigation of whether or not the intention of the ordinance is being honored. As we know you will agree, enacting an ordinance is only the first step in addressing discriminatory practices. The critical second step is its enforcement. From the Voice’s reporting, it sounds like the ordinance we all worked so hard to put in place may not be as effective as we thought.
Strategic Communications and Programs Manager, Resource Center Dallas