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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Aug. 7, 1998)
august ? .l l ax pi an r i ng financial security C o llege Funding D ay in M ediation investment planning Retirement . | insurance G ty council approves plan to hear discrimination complaints v.iOUiS out-of-court by In ga S o re n se n I t was a hard lesson for her son to learn, Donna Zenobia-Saffir told die Portland City Council. interim has attempted to find a way to address discrimination claims. Though council mem bers conceded it’s far from a perfect solution, at the July 22 hearing they approved a one-year, $50,000 mediation pilot program to help settle disputes involving those who feel they may have been discriminated against due to sexual orien tation. Participation in the mediation pro gram— which should be in place by mid September— is voluntary, and the identities of the involved parties will remain confidential. Immediately prior to passing the measure, Mayor Vera Katz— along with Commissioner Erik Sten and Senior Deputy City Attorney Madelyn Wessel, who received a round of applause for her dedication to finding alterna tives to addressing discrimination claims while the Sims case is on appeal— commented on the failure of state and federal lawmakers to approve anti-discrimination laws. If legislators previously had approved such laws, argued the trio, the Rose City’s ordinance wouldn’t be in such a pre carious position. “We need to make an issue of this now,” said N ot that Zenobia-Saffir, mother of both a gay and a straight son, had that much explaining to do. After all, the city com missioners were vocal, adamant and unanimous in their support for the measure Zenobia-Saffir had come to bolster via her testimony. “W hen my boys were growing up...w e taught them that this country stood for liberty and justice for all,” said Zenobia-Saffir, a highly active member of the Portland chapter of Parents, Families and Friends of Lesbians and Gays. She shared how her family experienced “great agony” as her gay son came to realize “lib erty and justice for all didn’t include him.” Zenobia-Saffir was among a handful of sup porters who journeyed to City Hall July 22 to call upon Portland city commissioners to approve a mediation program to help settle dis putes involving those who feel they may have been discriminated against due to their sexual orientation. N o one spoke against the proposal. Nearly seven years ago, the Portland City Council unanimously approved a landmark ordinance barring discrimination based on sex ual orientation in employ ment, housing and public accommodations. Last September, however, a Multnomah County circuit judge declared a vital compo nent of the measure invalid, obliterating the section that permitted individual citizens to enforce their rights under Portland commissioners approve mediation program the ordinance in state court. In a crisp, one-sentence Sten, as he chastised Oregon lawmakers’ persis finding, Judge Pro Tern tent refusal to pass an anti-discrimination law Monte Bricker wrote: “I find that the city of that includes sexual orientation. Portland has no authority to confer by ordi “There’s a tyranny of the minority going on nance access to Circuit Court by a private in the Legislature,” he said, adding that could party.” change if people got involved in the political The ruling stemmed from a case involving process. Besaw’s Cafe in Northwest Portland and plain Diane Rosenbaum, a Democrat vying for the tiff David Sims, who claims he was fired from his District 14 House seat in the November general job as a Besaw’s cook because he is gay— a election, told commissioners she wants to be charge Besaw’s owners, Richard and Geri one of those new legislators working toward Beasley, have publicly denied. eqqality. A longtime labor advocate and past In his ruling, Bricker did not consider the ch^fr of the Oregon Commission for Women, merits of that particular case, but instead agreed Rosenbaum also applauded the City Council’s with the argument served by the defendants’ consideration of the mediation program, but attorney, Charles W. Cam ese, who said Sims M the project will only be effective if people had no right to take a city matter to a state know about it. court. Samuel Imperati, executive director of the Under the judge’s ruling, those who feel Portland-based Institute for Conflict Manage they’ve been discriminated against on the basis ment and a part of the mediation team, says the of sexual orientation have no recourse in the team plans to conduct outreach. He adds he courts, because sexual orientation is not a pro firmly believes mediation is a viable alternative tected category under current state or federal for people caught in conflict. civil rights laws. (People are covered on the “It gives folks a chance to explore their basis of many other factors, including race, gen underlying business and personal personnel der, national origin, religion and age.) needs," he tells Just Out. State law allows those claiming discrimina Imperati, who happens to be an attorney, tion two methods to enforce their rights: They maintains mediation— unlike the often-antago- may make their case to the Oregon Bureau of nistic litigation process— promotes understand Labor and Industries, and/or may exercise an ing q ^ y ^ in g viewpoints in a safe, confidential independent right of access to the courts to setting. directly enforce their rights. ‘^Jjhe, court system is not a vehicle to pro While the city’s ordinance still stands, mote education and understanding,” he says. “A Bricker’s decision disposes of one of the two skilled negotiator can do that, and help craft enforcement avenues for cases involving sexual creative solutions as well.” orientation. The city is appealing the decision, but in the solutions Financial planning is a long-term client- advisor relationship built upon two-way communication. By listening to you I can understand your individual needs, concerns and goals. 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