March 20, 2018 – Special Work Session on NDO
On March 20, 2018, City Council hosted a Special Work Session which focused on the non-discrimination ordinance. This session was called to allow the City Council to parse the non-discrimination draft and discuss their preferences, concerns, and constituent opinions. The session was open to the public, however, public commentary would not be taken until the next City Council meeting.
Mayor Holly Cost revisited the original concern of the community, was this non-discrimination ordinance a necessary amendment to the Municipal Code? With this question lingering, City Council Members were given the opportunity to speak for their constituencies and express support or concerns. Without public support for the ordinance, the continuation of the development of an ordinance would be a drain on resources and time.
Montevallo City Council Special Work Session (NDO) Minutes by Lillian R on Scribd
In the above embedded document, page one and two include the opinions stated by the individual City Council Members.
Following ‘extensive discussion’ of the language within the non-discrimination ordinance, the final draft as edited and proposed by the City Council was written into the minutes. However, not all City Council Members were present and able to comment. Because of this, the first reading of the final draft of the proposed ordinance would have to be discussed on the first City Council meeting in April.
April 9, 2018 – City Council General Work Session
During this general work session, the City Clerk, Herman Lehman, read the final edited version of the non-discrimination ordinance into the record.
First Official Reading of the Finalized Non-Discrimination Ordinance by Lillian R on Scribd
Following this initial reading of the non-discrimination ordinance, Mayor Cost placed the ordinance on the agenda to be considered at the next City Council meeting, to take place on April 23, 2018.
April 23, 2018 – Montevallo City Council Meeting & Passage of Non-Discrimination Ordinance
On April 23, 2018, Mayor Holly Cost opened the City Council meeting by addressing the reason for large turnout to the event: the non-discrimination ordinance vote. Through re-capping the past two years of deliberation, Mayor Cost stated that the ordinance was proposed in May of 2016 by MAP, or Montevallo Acceptance Project. Over the past two years, the City Council, University of Montevallo, and other organizations throughout the city had provided opportunities for discussion and dialogue. The City Council, the city legal team, and the supporters and opposition to the ordinance had worked diligently to include all voices and opinions into the conversation. More than 200 city residents and others had given their views on the non-discrimination ordinance over a two year deliberation, and that the process has been taken seriously and with careful consideration.
She stressed that the ordinance had been carefully considered, to “make it reflect the needs of our community as best it could.” According to the City Council minutes,
“The Mayor said she hoped everyone wishing to comment on the proposed NDO, even if they disagree with it, would remain respectful in their comments. She said we have many more issues in our community which unite us than we do which divide us.”
Citation: Montevallo City Council. City Council Meeting. 23 April 2018. Original Source can be located here, on page 11.
Montevallo City Council provided the opportunity for citizens to speak before proceeding with the agenda. This opportunity was taken by twenty three members of the community. Although the date of this titled section includes a link to the original City Council minutes, we have summarized some of the most interesting and salient points from the minutes.
Final Public Opinions before NDO vote
Buddy Freeman, a member of MAP and the individual who first introduced the non-discrimination ordinance to the City Council in May of 2016 spoke to the Council to thank them for their work and diligence on the non-discrimination ordinance. He urged the City Council to approve the ordinance.
A young resident of Montevallo read a letter she had written to address the City Council and community members. Some excerpts from her letter are below.
“I come here tonight to share why this ordinance is important for the youth of this community.
When given a chance to make things right, when given a chance to improve our community, when given a chance to change the way a child feels about their identity in a positive way, I feel it is crucial to take that chance.
The people in this room have raised me. You have danced with me at Eclipse, you have eaten with me at Zapopan and the Tavern, you have watched me march at football games, you have allowed me to take care of your pets, and you have watched me grow. While raising me, you’ve also been raising all of my peers, my friends.
I have always felt safe in this community, but I watch my peers, my friends, struggle with coming out because they feel they are not in a safe environment to do so – afraid to come out to their parents, their teachers, and maybe even you.
So, take this chance, and show the children you have raised and will continue to raise that this community is a safe place for everyone, not just for those of a certain color, gender, or identity.”
Citation: Montevallo City Council. City Council Meeting. 23 April 2018. Original Source can be located here, on page 11-12.
Scott Fowler, a local Reverend who expressed his opposition to the non-discrimination ordinance previously in meetings and forums, restated his belief that the ordinance would harm the community and jeopardize business and religious freedom in Montevallo. From the minutes, he claimed the ordinance had been beneficial to community dialogue. He urged the Council to vote no.
“He commended the Mayor and Council for their efforts in holding the public forums and other opportunities to discuss the issue. He said he thought the process has provided a great opportunity to foster unity and peace in our community and said he though this ordinance was unnecessary.”
Citation: Montevallo City Council. City Council Meeting. 23 April 2018. Original Source can be located here, on page 12.
Another community member addressed the Council with a hypothetical situation. He urged the Council to vote no. Below is a paraphrase of his quote, as written in the City Council minutes.
“If he wanted to become transgender, he would use the NDO as an excuse to sue a local business and use the money from that suit to pay for his operation. He said he is a Christian and hates to see what our town is turning into.”
Citation: Montevallo City Council. City Council Meeting. 23 April 2018. Original Source can be located here, on page 12.
A University of Montevallo student spoke about the use of religion as a cover to obstruct change in communities like Montevallo. The current federal and state laws, as he said, do not offer ample protections to the LGBTQIA+ community, and there is no reason not to protect this community. He urged the Council to approve the ordinance.
Another community member said that “democracy begins at home, in our community.” Because of this, the ordinance had been evaluated by the proper entities and should be approved, to do what is best for the City of Montevallo. He urged the Council to approve the ordinance.
Citation: Montevallo City Council. City Council Meeting. 23 April 2018. Original Source can be located here, on page 12.
Alike to the young girl who spoke earlier in the meeting, an adult community member had written a letter to read to the Council. Below are some of the quotes from his letter.
“I was terrified (and that’s really the only way to describe the feeling) about how others would treat him [his son].
There is a HUGE difference between having a gay child in theory and having one in real life, and what I have since heard over and over again from families is that once a child comes out to the family, the family itself essentially goes into a very scary closet. Which friends do we tell? Will our doctors, counselors, teachers be supportive? Will my child be treated differently or ostracized? Will I have to leave my church? And every family has to negotiate these questions in its own way, but the sad fact is that every family DOES have to deal with them.
There is real power in explicit statements of acceptance.
It will be an EXPLICIT statement that in Montevallo, ALL are welcome. I recognize that there are people in this room who are opposed to the ordinance, but I also know that there are LGBTQ+ folks in this room, some open and some hidden, for whom this ordinance will mean the world. I ask you to vote yes, to tell those who need to hear it that Montevallo sees you, that we acknowledge you, and that we have your back.”
This individual urged the Council to approve the ordinance.
Citation: Montevallo City Council. City Council Meeting. 23 April 2018. Original Source can be located here, on page 13-14.
A former city manager, county manager, resident and Councilmember spoke to the Council saying that the City of Montevallo was more divided than it had ever been before. He expressed beliefs that the University of Montevallo was pushing for the non-discrimination ordinance, and that forced association of individuals in our City will never be possible. He urged the Council to vote no.
Another community member expressed concerns about the transgender community. He was concerned that in the passage of the NDO, the City would be complacent in the mental illness of transgender individuals, instead of offering them the help they require. He urged the Council to vote no. One individual who spoke said he believed that the City had no power to pass such an ordinance, that the authority belonged to the state of Alabama. He opposed the NDO due to the belief that the City government power was subordinate to the state and federal powers. He urged the Council to vote no.
A female community member echoed sentiments of another community member, stating that the ordinance provided the community with an opportunity to show that we support all people in Montevallo, and “let them know we have their backs.” She urged the Council to approve the ordinance.
Citation: Montevallo City Council. City Council Meeting. 23 April 2018. Original Source can be located here, on page 14.
A community member who identified himself as a person of color stated that during his lifetime, he had been unable to eat at certain restaurants in Montevallo due to discriminatory practices. Because of this, he believed it was important to question who the ordinance will apply to, and who it will hurt, and that it is important to “treat everyone the same and the NDO does that.” He urged the Council to approve the ordinance.
Citation: Montevallo City Council. City Council Meeting. 23 April 2018. Original Source can be located here, on page 14.
A business owner in the City expressed concerns about business discrimination. She said she does not feel prejudiced against any particular group based upon their sexuality, however, she worried that her religious convictions could be impaired by the non-discrimination ordinance. For this reason, she urged the Council to vote no.
Again echoing another constituent, one individual said that the ordinance had created a divide in the community. His City Council representative, Councilperson Bunt, had previously said in a meeting that businesses within her district were largely opposed to the passage of a non-discrimination ordinance. This individual, a landowner who rents property to churches and organizations for events, was opposed. He urged the Council to vote no.
The next audience member had some questions for the Council. He wanted to know how many of the City Council members work for the University of Montevallo. According to City Council minutes, four of the City Council members work for the University in some capacity. He then wanted to know if the University of Montevallo would benefit monetarily if the non-discrimination ordinance is passed, and the answer he was given was no. He then asked if there was precedent for discrimination in Montevallo, had the City Council encountered any reports regarding discrimination based upon sexuality or gender identity? Mayor Cost explained that there was no existing process for reporting discrimination based upon sexual orientation or gender identity, which is the reasoning behind the non-discrimination ordinance, to protect a community which previously has had no legal recourse for discrimination. He urged the Council to vote no.
A landlord in the community came up next to comment. She stated that she owned some properties throughout town, and had for some years. Below are comments written in the minutes regarding her statement.
“She said in her experience she is not aware of any instances of housing discrimination in our city. She said the NDO supports ideas which are destructive to our children and urged the Council to vote NO!“
Citation: Montevallo City Council. City Council Meeting. 23 April 2018. Original Source can be located here, on page 15.
A community member whose husband is blind stated that protections from the Americans with Disabilities Act provided him with necessary accommodations, and while not an identical struggle, the NDO provided protections for a minority community. She urged the Council to approve the ordinance.
The next individual to speak added another sentiment of division in the City. He said that the city was “at a crossroads – we are either going to divide our city or figure out ways to work together.” He said he agreed that the dialogue created through forums, panels, and community discussion were positive, and should continue. However, he was concerned that long time residents would choose to leave Montevallo if the ordinance was passed. He urged the Council to vote no.
Citation: Montevallo City Council. City Council Meeting. 23 April 2018. Original Source can be located here, on page 15.
Another young resident came forward to speak to the Council, stating that she had spent her entire thirteen years of life in Montevallo. She said she was in favor of equality for all people, and that her Christian beliefs were in no way going to be impacted by the passage of the NDO. She urged the Council to approve the ordinance.
Council Member Rusty Nix then stepped away from the Council to provide his own citizen opinion. From the minutes, below is a synopsis of his comments.
“He said that since MAP [Montevallo Acceptance Project] brought this proposed ordinance to the Council two years ago, he has checked with our police department, the sheriff’s office, our housing authority and others and has been told consistently that there are no issues of discrimination reported in Montevallo.
Furthermore, he expressed his concern that any action on the part of the Council which is not supported by state or federal law could result in a lawsuit which the city cannot afford the cost to defend.
In many ways, he said he felt the consideration of this ordinance has hurt our city. However, whatever the decision tonight, he said the healing will need to begin and we must continue to work together to keep Montevallo moving forward.”
Citation: Montevallo City Council. City Council Meeting. 23 April 2018. Original Source can be located here, on page 15.
The following two community members said they were accepting of all people, but that they feared the ramifications of a non-discrimination ordinance on religious groups and organizations in Montevallo. Mayor Cost explained that the ordinance has exemptions for religious groups, however, a hypothetical question posed by one individual was unable to be answered. Mayor Cost reiterated that discrimination charges would be taken through the Municipal Court system, so hypothetical questions could not be answered by the City Council. Both community members urged the Council to vote no.
The final audience member to speak had a unique quote which seemed to encompass all support for the non-discrimination ordinance.
“An entity which ceases to change is dead.”
The final speaker urged the Council to approve the ordinance.
Citation: Montevallo City Council. City Council Meeting. 23 April 2018. Original Source can be located here, on page 16.
Final remarks
Members of the Council presented their final thoughts on the non-discrimination ordinance prior to the final vote.
“Council Member Peterson noted he also made a tally of the input he received on this issue. He noted that of all the emails, phone calls, and other communications he had, 67% of the people who contacted him were in favor of the ordinance.
Council Member Bunt also noted that the Montevallo Junior City Council took a poll of their members and that 9 were in favor of the NDO and only 2 were opposed.
Council Member Nix noted those were children being polled. His concern was for all 6,000+ residents in our city.
Mayor Cost noted that the opinions of our youth are very important. Among other things, they are the ones who will be leading our city one day.
Council Member Bunt also made a point to stress that none of her opinions in this matter were influenced in any way by the fact that she is employed by the University.
Mayor Cost once again expressed her gratitude to everyone for how respectfully they delivered their comments this evening.
Council Member Nix stressed, yet again, that after tonight, everyone has to come back together.
Council Member Walker said he agrees – all of us need to come together. This process has gone on for two years. We have taken this issue and everyone’s concerns extremely seriously.”
Citation: Montevallo City Council. City Council Meeting. 23 April 2018. Original Source can be located here, on page 17-18.
The Vote
Following closing comments regarding the non-discrimination order, the Council was prepared to vote. The following quote is the motion of the vote from the City Council minutes.
“Council Member Peterson made a motion to adopt the Non-Discrimination Ordinance, an ordinance amending Chapter 16 of the Montevallo Municipal Code. Council Member Walker seconded. Mayor Cost, Council Member Bunt, Council Member Peterson, and Council Member Walker vote AYE. Council Member Nix, Council Member Goldsmith voted NAY…MOTION APPROVED.”
Citation: Montevallo City Council. City Council Meeting. 23 April 2018. Original Source can be located here, on page 18.
The final ordinance
Non-Discrimination Ordinance – Amendment to Chapter 16 of City of Montevallo Municipal Code by Lillian R on Scribd