MEDINA, Ohio -- City Council’s Special Legislation Committee voted 3-0 tonight (June 17) in support of legislation prohibiting discriminatory conduct based on gender identity or expression, or sexual orientation. The committee also voted to amend the city’s intimidation ordinance to include gender identity or expression, or sexual orientation.
The new ordinance is scheduled to go before the Finance Committee on June 24.
The non-discrimination legislation was first introduced to council last June, when Pamela Miller and a group of residents asked council to create the legislation. The Special Legislation Committee first met about the ordinance last November, and has since rewritten the legislation to address the needs of all parties involved.
“This ordinance is the product of a lot of folks’ input,” Committee Chair Bill Lamb said. “And it really represents what we usually do in Medina, and that is recognize a goal, work together and collaborate to find a way.”
The new ordinance would allow parties who believe they have been discriminated against to file complaints with the city’s law department, which would investigate the complaint and make a determination on whether the claim is valid.
The law director could then require both parties to attend mediation, and fine either or both the accuser and the accused if they do not show up. The fines would start at $500 and rise to $1,500. Similar fines would exist for filing false complaints.
If mediation is unsuccessful, the complaint could then be brought into civil court.
Council President John Coyne, who had a large hand in writing the ordinance, said this provides a way for discrimination issues to be resolved.
“This provides a mechanism or a venue that the accused or accuser can get together and solve that problem if it could be solved,” Coyne said.
The new ordinance aims to provide protections for fair housing, employment and public accommodations. Coyne said the ordinance also sends a message to young people in Medina that its leaders don’t support discrimination or harassment.
“The message we want to send to our kids is that everybody is equal,” Coyne said.
Original drafts of the ordinance included criminal penalties, but the law was rewritten to only include civil action.
Law Director Gregory Huber, who would handle these complaints if the legislation passes, said this is because Medina doesn’t have the “firepower” that larger neighboring counties have, given that the city has just four part-time lawyers.
He also added that more work has to be done at the state and federal level concerning LGBTQ rights, but that this ordinance starts that process.
“This area of law really needs to be addressed by the state and federal government,” Huber said. “We can do what we can do, and this legislation is the first step in that direction.”
The amended intimidation ordinance does include criminal penalties. Coyne said that language change would come into play if a party is continually harassed or intimidated.
Todd Hunt, a lawyer from Walter Haverfield who helped the law department write the ordinances, said intimidation would have to stem from another criminal offense.
“You have to have an underlying or predicate crime before you can use this ordinance,” Hunt said.
Mayor Dennis Hanwell spoke in support of the new ordinance, saying it took a lot of work to make it acceptable for all of the parties involved.
“We have worked very hard together to come to a resolution that we feel is good for the city, good for the community and are hopeful that this ordinance will be passed by the City of Medina,” Hanwell said.
Councilman-at-Large and Special Legislation Committee member Paul Rose said he wasn’t supportive of the initial legislation, but he believes the newly written ordinance is a “win-win.”
“I believe in education, not legislation,” Rose said. “With this mediation, you can educate people and reduce the chances of this going on.”
Ward 3 Councilman and Special Legislation Committee member Eric Heffinger said drafting the ordinance took longer than he expected, but that it was for all the right reasons. He said the new legislation will help keep Medina a great place to live for everybody, including those in the LGBTQ community.
“Nearby communities already have these ordinances in place to protect the rights of the LGBTQ community, and it is not hard to imagine them choosing to live and work elsewhere if we choose to ignore their needs,” Heffinger said.
Heffinger also spoke against the argument that this ordinance provides any special rights for people, saying instead that it guarantees rights for the LGBTQ community.
“There are no special privileges here,” Heffinger said. “It is only giving the LGBTQ community the same rights as any other citizen, which is life, liberty and the pursuit of happiness. All of those things are hard to achieve if you are not free to live your life without fear of losing your home or employment.”
Pamela Miller said laws at the local level will push state and federal lawmakers to pass similar protections for rights based on sexual orientation, gender identity or expression.
“The more cities across Ohio that adopt non-discrimination policies, the more likely the state will feel the groundswell of opinion and in turn pass a statewide law,” Miller said. “And the same holds true for Congress. As more states pass such laws, the more likely a federal law becomes.”
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