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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Oct. 3, 1997)
ju st out ▼ o c to bo r 3, 1097 T i l ÆHËÊiïk: , cal news m ? p m Get a jump on all your holiday framing 20 % Civil rights watch *0 d . 1-31. Entire project only. Does not apply to uni fromes. A city ordinance granting discrimination protections takes a licking but officials stress that it keeps on ticking ^Picture This’ , FRAMING GALLERY ▼ by Inga Sorensen t wasn’t the most amiable of anniversary presents. I and lesbian community knows that city leaders are committed to their rights.” She held a brown-bag briefing with members of the gay and lesbian community Sept. 26 to discuss the issue. “I wanted the community to know that the ordinance isn’t completely wiped out,” she tells Just Out. Katz adds she will work with the council and city attorney’s office to create an alternative en forcement process to take effect while an appeal is pending, and potentially afterwards, should the judge’s opinion be affirmed. “I will be talking to the City Council about creating a new quasi-judicial process where the hearings officer could hear cases based on the city anti-discrimination policy and award remedies or damages, and the plaintiff could then appeal to the Circuit Court if [he or she] didn’t like the ruling,” she says. “While this does not give gays, lesbians or Less than two weeks before the six-year anniversary of the Portland City Council’s unanimous passage of an ordinance pro hibiting discrimination based on sexual orienta tion and source of income, a Multnomah County circuit court judge declared a vital component of the measure invalid. The sideswiped section had permitted indi vidual citizens to enforce their rights under the ordinance in state court. In a crisp, one-sentence finding. Judge Pro Tern Monte Bricker wrote on Sept. 22: “I find that the City of Portland has no authority to confer by ordinance access to Circuit Court by a private party.” With that, Bricker granted summary judgment in favor of Besaw’s Cafe, 2301 NW Savier St. Plaintiff David Sims, a gay man who was fired from his job as a Besaw’s cook in 1996, claims his Cat* dismissal was prompted by his sexual ot f °r orientation. S t » * *1 d S t t * 1' W O BY c »»* it y «° c0,'Î,r “He was told by a co-worker to 11 tone down his behavior because the .0rt-'-»r''LtVfiV »°Privat* o .«r coun** owner of Besaw’s did not like gay t fit* ,CC»»* people,” says Sims’ attorney Renée °r4i . . w o r i o n t o * * “- * O .t.n d .r * '« " ° E. Jacobs. V.rY « • * »— ■ l*. Besaw’s owners, Richard and Geri Beasley, have publicly denied t»r that claim, saying Sims was let go due to performance issues. They also say they have employed other gay lO/ctr people. The Beasleys’ attorney, Charles W. Carnese, meanwhile, argued ..« » « O’“’* ' Sims had no right to take a city matter to a state court. Bricker -.SSs-'- agreed. Under the judge’s ruling, those who feel they’ve been discriminated people with a non-job-based income full benefits against on the basis of sexual orien of a court trial—such as being heard by a jury, and tation have no recourse in the courts, the ability to do depositions and discovery—it because sexual orientation is not a protected cat does at least give them an entry into the court egory under current state or federal civil rights system,” Katz adds. laws. When asked about the costs of putting such a People are covered on the basis of many other process in place, the mayor said the city could factors, including race, gender, national origin, "dip into its contingency fund, which is for emer religion and age. gencies.” Under state law, those claiming discrimina Basic Rights Oregon is the primary group tion may use two methods to enforce their rights. pondering a campaign to place a statewide initia They may make their case to administrative en tive barring employment discrimination based on forcement via the Oregon Bureau of Labor and sexual orientation on the November 1998 ballot. Industries, and/or may exercise an independent Following Bricker’s ruling, BRO issued a right of access to the courts to directly enforce statement saying, in part: “A recent poll found their rights. that 80 percent of all Oregonians believe employ The city designed its civil rights ordinance to ment discrimination based on sexual orientation mirror state law, providing for administrative is wrong. The poll also found that a majority think review through BOLI and giving individuals the protections are already provided to gays and les choice of seeking redress through the courts. bians. If passed, a statewide initiative would give While the ordinance still stands, Bricker’s Oregon gays and lesbians the same rights enjoyed decision disposes of the latter option, leaving by the rest of the state’s citizens.” BOLI the sole avenue for enforcement. While Bricker did not explain his ruling, which Some have criticized the agency for being is not binding on other Multnomah County circuit slow-moving and ineffective. judges, the decision is likely to influence other Portland Mayor Vera Katz offered little confi cases. dence in BOLI when, in response to Bricker’s In October 1991 —to much fanfare—Portland ruling, she said the agency “is unacceptable to me became the first city in Oregon to pass protections to adequately protect our citizens’ civil rights.” against discrimination in employment, housing The city, meanwhile, is poised to appeal the and public accommodations, based on sexual decision in Sims vs. Besaw’s Cafe. orientation. Katz, who moved swiftly in denouncing the The cities of Eugene, Corvallis and Ashland judge’s ruling, tells Just Out that gay and lesbian now have similar ordinances in place. rights has always been important to her. “I was there from the start,” she says, adding that she jumped all over this matter “so the gay O f f * custom framing 2801 SE Holgate • Portland • 236-1400 Plenty of FREE parking at our convienent Eastside location Mon.*Fri. 9:30 am - 6 pm • Saturday 10 am-5:30 pm Applies lo complete piotMli only Not to be combmed with other often Tiffany Limousine • Airport transfers by sedan or limousine • Limousines to accommodate 10 passengers • Chauffeured vans and buses available for large groups • Call Tiffany for your Commitment Ceremony, family celebrations, out-of-town guests and all special occasions The Perfect Limousine for Every Occasion A res each one. Life has rewards. W e ve got one of .3 Oregon LocationsJK < y ***** Spas n, Salem & Bend.