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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
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