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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
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dismissal was prompted by his sexual
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“He was told by a co-worker to
11
tone down his behavior because the
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owner of Besaw’s did not like gay
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people,” says Sims’ attorney Renée
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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
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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
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