Just out., February 06, 1998, Page 13, Image 13

IS
LOCAL
66
P rinciples into P olicy
he right to be let alone is the most comprehensive of
T
rigjits and the right most valued by civilized people.”
— Justice Louis fìrandeis
Portland tries to help a hamstrung ordinance, and considers a contract
ban on companies that discriminate by Inga Sorensen
has an ability to enforce his or her rights at an
he Portland City Council will
agency level or in court. A gay or lesbian person
consider two proposals on Feb. 11
that directly impact the gay and
suffering the same discrimination now only has
redress through the agency process.
lesbian community.
The city is appealing the decision, but in the
One plan would require com­
panies contracting with the city to have poli­
interim has attempted to find a way to address
discrimination claims. Developing a mediation
cies that bar discrimination based on sexual ori­
process appears to be the way to go, says Deputy
entation; the other would establish a mediation
process to help settle disputes involving those
City Attorney Madelyn Wessel.
who feel they may have been discriminated
Under the plan, the city could spend as
much as $50,000 annually to help mediate dis­
against due to their sexual orientation.
putes. However, participation in mediation
The latter proposal is a response to a ruling
would be voluntary.
in late September that
“It’s not perfect,”
knocked the legs out
says Wessel, “but at this
from under a six-year-old
point it’s probably the
ordinance, unanimously
best we can do.... I
approved by the council,
wish we had statewide
which prohibited dis­
and federal protections
crimination in employ­
for gays and lesbians—
ment, housing and pub­
then we wouldn’t be
lic
accommodations
dealing with this."
based on sexual orienta­
tion and source of
Barry Pack, execu­
tive director of Right to
income.
This past fall, a
Pride, a statewide gay,
Multnomah County cir­
lesbian and bisexual
rights
organization,
cuit judge declared a
says, “I’m pleased the
vital component of the
city
responded
so
measure invalid, obliter­
ating the section that
quickly, and 1 think
they’re doing a great
permitted individual cit­
job. This may be a stop­
izens to enforce their
gap measure, but we
rights under the ordi­
are, after all, talking
nance in state court.
In a crisp, one-sen­ Vera Katz
about a very complex
tence finding issued
legal matter.”
The other proposal calls for
In October 1991, to
Sept. 22, Judge Pro Tern
much fanfare, Portland
Monte Bricker wrote: “1
companies seeking to contract
became the first city in
find that the City of
with
the
city
to
formally
agree
Oregon to pass protec­
Portland has no authori­
tions against discrimi­
ty to confer by ordinance
they will not discriminate
nation in employment,
access to Circuit Court
against their workers and/or
housing and public
by a private party.”
prospective employees
accommodations,
The ruling stemmed
based on sexual orien­
from a case involving
based on sexual orientation.
tation.
Besaw’s Cafe, 2301 NW
The cities of Eugene, Corvallis and Ashland
Savier St., and plaintiff David Sims, who claims
followed suit.
he was fired from his job as a Besaw’s cook
because he is gay—a charge Besaw’s owners,
he City Council’s other proposal, mean­
Richard and Geri Beasley, have publicly denied.
while, calls for companies seeking to con­
In his ruling, Bricker did not consider the
tract with the city to formally agree they will
merits of that particular case, but instead agreed
not discriminate against their workers and/or
with the argument served by the defendants’
prospective employees based on sexual orienta­
attorney, Charles W. Camese, who said Sims
tion, says Sam Adams, Portland Mayor Vera
had no right to take a city matter to a state
Katz’s chief of staff.
court.
Many companies that contract with
Under the judge’s ruling, those who feel
Portland are owned and operated outside the
they’ve been discriminated against on the basis
city limits and aren’t covered by city ordi­
of sexual orientation have no recourse in the
nances. This measure would provide additional
courts, because sexual orientation is not a pro­
protections by requiring that all entities seeking
tected category under state or federal civil rights
to contract with the city comply with Portland’s
laws.
existing anti-discrimination law.
Discrimination protections exist for numer­
Larry Robb of the city auditor’s office says,
ous other categories, including race, gender,
roughly speaking, Portland contracts for $90
national origin, religion and age.
million in goods and services each year.
Under state law, those claiming discrimina­
Both measures are expected gain approval.
tion may use two methods to enforce their
Pack urges backers to attend the Portland City
rights: they may take their case to the Oregon
Council meeting to show their support.
Bureau of Labor and Industries, and/or may
“Our community isn’t always the best when
exercise an independent right of access to the
it comes to thanking our allies,” he says.
courts.
While the ordinance still stands, Bricker’s
■ The P ortland C ity C ouncil is slated to con­
decision disposes of one of the two enforcement
sider the proposals at 9:30 am Wednesday, Feb.
avenues for cases involving sexual orientation.
11, in the second floor auditorium of the Portland
Thus a person bringing an age discrimina­
Building, 1 120 SW Fifth Ave.
tion claim to the City of Portland, for example,
Rogers
& Rodz
Attorneys at Law
Criminal defense by a former judge,
state and federal prosecutor,
and state and federal public defenders
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