Annise Parker now co-chair of “Mayors for the Freedom to Marry,” Austin’s Leffingwell joins

Lee Leffingwell

Austin's Mayor Lee Leffingwell

Houstini reported yesterday that Houston’s Mayor Annise Parker was scheduled to appear at the “Mayors for the Freedom to Marry” press conference in Washington D.C., and that she was the only Texas mayor to participate. This morning we found out that Parker, along with New York’s Michael Bloomberg and L.A.’s Antonio Villaraigosa, is serving as co-chair for the effort. Additionally Austin’s Mayor Lee Leffingwell has joined the effort.

So that makes 2 of Texas’ 1,215 mayors with the bravery to stand up for what’s right, leaving the citizens of 1,213 citizens with the task of persuading their mayors. In Dallas Daniel Cates of GetEqual has started an online petition encouraging Mayor Mike Rawlings to sign on which currently has 216 signatories. The Dallas Voice reports that Rawlings claims to personally support marriage equality, despite his unwillingness to join “Mayors for the Freedom to Marry:”

“This one obviously was very difficult for me, because I personally believe in the rights of the gay community to marry,” Rawlings said Thursday… “I think this [same-sex marriage] is way overdue and we need to get on with it, but that’s my personal belief, and when I start to speak on behalf of the city of Dallas … I’ve got to be thoughtful about how I use that office and what I want to impact, and that’s why I decided to stay away from endorsing and signing letters like that.”

Rawlings’ chief of staff, Paula Blackmon, told the Voice “the mayor does not plan to publicly support any social issues but would rather focus on the policy issues that impact Dallas,” adding “we have not signed onto other similar requests.”

—  admin

In 9 years, 53 complaints of anti-gay discrimination in Dallas, but 0 prosecutions

A total of 53 complaints have been filed under a nine-year-old Dallas ordinance that prohibits discrimination based on sexual orientation, but the city has never taken one of the complaints to court.

The city released statistics on the complaints to Dallas Voice this week in response to a request under the Texas Public information Act.

A city ordinance passed in 2002 prohibits discrimination based on sexual orientation in employment, housing and public accommodations. The definition of sexual orientation includes gender identity. Each violation of the ordinance is punishable by a maximum $500 fine.

The statistics from the city show that 49 of the 53 complaints have been closed, while four are pending.

In 32 of the 49 closed cases, or almost two-thirds, the City Attorney’s Office determined that there was no cause to prosecute. Here is a breakdown of the other dispositions:

• Five of the complaints were dismissed because they were non-jurisdictional, meaning they occurred outside the city or involved an entity that is exempt from the ordinance.

• Five of the cases were resolved by “conciliation,” or mediation.

• Four of the complaints were withdrawn, after the city says they were resolved to the parties’ mutual satisfaction.

• In three of the cases, the complainant was uncooperative.

Two city councilmembers, Angela Hunt and Pauline Medrano, have said they’re reviewing the city’s handling of complaints under the ordinance. Hunt and Medrano launched their investigation in response to a letter from Resource Center Dallas questioning why no complaint has ever been prosecuted.

RCD’s letter, in turn, was prompted by Dallas Voice reports about a discrimination complaint against the Baylor Tom Landry Fitness Center, which refuses to sell family memberships to same-sex couples.

The complaint against the Fitness Center is still pending, as is one filed against the Dallas Morning News for refusing to publish same-sex wedding announcements.

—  John Wright

Hunt, Medrano say they’re investigating city’s handling of anti-LGBT discrimination complaints

Dallas City Councilwomen Pauline Medrano, left, and Angela Hunt

Council members respond to letter from Resource Center Dallas questioning why no cases have been prosecuted in 9 years

JOHN WRIGHT | Online Editor
wright@dallasvoice.com

Two Dallas council members said this week they’re investigating the city’s handling of complaints under a 2002 ordinance that prohibits discrimination based on sexual orientation.

Councilwomen Angela Hunt and Pauline Medrano announced their investigation in response to a Jan. 31 letter from Resource Center Dallas, questioning why the city hasn’t prosecuted any complaints in the nine years since the ordinance took effect.

Resource Center Dallas’ letter came in the wake of Dallas Voice reports about a discrimination complaint filed against the Baylor Tom Landry Fitness Center, an East Dallas gym that refuses to sell family memberships to same-sex couples.

Hunt said she’s “deeply troubled” by the Tom Landry Fitness Center’s policy and has asked city officials to keep her posted on their investigation of the complaint.

“We’ve also requested that the city attorneys look into each of the 40 complaints that have been filed since 2002 and investigate why none has been prosecuted,” Hunt said. “They anticipate that their analysis should be finished within a couple of weeks and I will be taking a very close look at this.”

Medrano said she’s working with both the City Attorney’s Office and the Fair Housing Office, which is charged with investigating discrimination complaints before turning them over to the City Attorney’s Office for review — and possible prosecution.

“Each of their offices will make a list of the files, including the names of the complainants, the date of the complaint and what the discrimination involved — i.e. housing or employment, etc. — and how the complaint was resolved,” Medrano said. “The lists will be then be reconciled to make sure we have located and reviewed all the complaints. So I’m hoping to get that list, and when I do I definitely will share it.”

Councilwoman Delia Jasso, who also received a copy of the letter from Resource Center Dallas, couldn’t be reached for comment.

Dallas Voice filed a request under the Texas Public Information Act this week seeking statistics on the number of complaints that have been filed under the ordinance and their dispositions.

A 2008 investigation by the newspaper determined that at the time, there had been 33 complaints 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.

The ordinance prohibits discrimination based on sexual orientation in employment, housing and public accommodations. The definition of sexual orientation includes gender identity and expression. Each violation of the ordinance is punishable by a fine of up to $500.

Beverly Davis, director of the Fair Housing Office, said this week that while her office was still working to compile statistics, she believes there have been roughly 50 complaints filed under the ordinance since 2002.

“We do everything we can when we get a complaint to make sure that the ordinance is enforced and that individual rights are protected as outlined in the ordinance,” Davis said. “It’s something that we take very, very seriously.”

Rafael McDonell, who drafted Resource Center Dallas’ letter to Hunt, Medrano and Jasso, said this week he was pleased to hear they are looking into the matter.

“It’s encouraging that they’re going back and putting these cases under a microscope,” he said. “Our concern is just based on statistics, there would be at least a couple of cases they would have moved on. The fact that they’re going to review all of them and make sure they didn’t miss something is a good thing.”

Other Texas cities with bans on discrimination against LGBT people, including Austin and Fort Worth, also have human rights commissions.

“I think the commission over in Fort Worth has been really strong in terms of how they have led on not just LGBT issues, but all human rights issues, and it would be great to have something like that here in Dallas,” McDonnell said. “Ultimately what I hope comes out of this process is a strong commitment to using the nondiscrimination policy to its best end. Policies are only as good as how they’re carried out.”

This article appeared in the Dallas Voice print edition Feb. 18, 2011.

—  John Wright

Resource Center Dallas calls for investigation of city’s handling of gay discrimination complaints

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.

Sincerely,

Rafael McDonnell
Strategic Communications and Programs Manager, Resource Center Dallas

—  John Wright