HomeMy WebLinkAboutNon-Discrimination Public Comment from Gregory Hinton 4-21-14From:gregory hinton
To:Agenda
Subject:Yes on Non-Discrimination Protection for Bozeman!
Date:Friday, April 18, 2014 2:13:57 PM
Attachments:Diversity Day - Las Vegas Clark County Library District.pdf
To the Bozeman City Council:
I live in Los Angeles but I was born in Wolf Point. I write to support non-discrimination protection in the areas
of sexual orientation, gender identity and gender expression in Bozeman, a city I dearly love. This has been an
issue close to my heart since the Missoula City Council added these protections - after 3,200 signatures and six
hours of public testimony - to its existing non-discrimination ordinance just about four years ago, on April 12th,
2010. I heard about it on CNN and decided to visit Montana after many years, because I often wondered how life
might have been for me if I had chosen to stay, rather than evacuate to the big city in search of safety,
companionship and community. As you may have guessed, I am a gay man, as my was brother.
And I did my homework, interviewing the Missoula architects of their ordinance, and members of their LGBT
community. I also obtained the transcripts of that historic public testimony, and the MCAT footage which was
broadcast all over Missoula that night, (pre-empting the opening of baseball season in most of Missoula's local
bars!) I decided to adapt the testimony into a staged reading, because I was so moved by the honesty, and civility
of the Missoulians who spoke that night.
And although I clearly support these protections, and believe they are needed, I was struck by what I learned
about those who oppose them, many who deeply grieved about calling for a 'no' vote, for religious, business, or
because they felt the law was poorly written. The words "fear" and "love" repeated themselves throughout the
evening, from folks on both sides of the issue. Although the measure pertained to Missoula, the arguments are
universal, and being replayed in communities all over the country today.
I did adapt the Missoula testimony into a one hour stage reading called Diversity Day, which has been read all
over the West - Laramie, West Hollywood, Sacramento, Miissoula, Billings and coming up - Las Vegas!
When people ask me why they should care about the LGBT community in Montana, I tell them because Montana
matters! Bozeman matters! And the fears expressed in the Missoula hearing -frivolous lawsuits, chaos in the
public restrooms, businesses fleeing Missoula - never came to pass. And Missoula's LGBT community feels safer
with these protections.
Please implement these protections when the time comes. I attach Diversity Day for your public record. All the
usual arguments are here.
Respectfully,
Gregory Hinton
Creator and Producer,
Out West: LGBT Stories of the American West
gregoryhinton@earthlink.net
1
DIVERSITY DAY
A Reenactment of Public
Testimony
Conceived & Adapted
by
GREGORY HINTON
WGA#1583135
gregoryhinton@earthlink.net
Based on the
JOURNAL OF PROCEEDINGS
MISSOULA CITY COUNCIL
APRIL 12, 2010
2
Staging LGBT Oral History: DIVERSITY DAY
An Out West Workshop with Gregory Hinton
Staging public testimony is an effective, efficient, and dramatic way to tell a story and
preserve LGBT oral history.
Diversity Day is a one hour staged reenactment—with voluntary audience participation—
of selected public testimony which Hinton adapted from an actual Missoula City Council
Journal of Proceedings. Footage of the original hearing is screened in silence as
testimony is read. A workshop and discussion follow.
After Mayor John Engen of Missoula declared April 12, 2010 “Diversity Day”, six hours of
powerful public testimony was heard prior to a Missoula City Council vote to add sexual
orientation, gender identity and gender expression to the city’s existing non-
discrimination ordinance – a first in Montana state history.
“’Diversity Day’ offers a frank glimpse into the day-to-day lives of Montana’s LGBT
community,” says Gregory Hinton, “and those who oppose their call for non-
discrimination protection.”
Diversity Day was first presented at the Kennedy Center American College Theatre
Festival – Region 7, (KCACTF-7) in Ft. Collins in February, 2012. It was then presented in
June, 2012 at the West Hollywood Library as a featured event of West Hollywood’s One
City/One Pride Culture Series. In April of 2013, Diversity Day was presented at UW’s
Shepard Symposium on Social Justice in Laramie, WY. On Friday, April 12th, 2013
Gregory Hinton presented Diversity Day in Missoula in association with the National
Coalition Building Institute (NCBI) of Montana. Diversity Day was next presented April
19, 2013 by ACLU Montana in Billings for its Fair is Fair Campaign. On April 24, 2014,
Diversity Day will be read by ACLU Nevada at the Las Vegas Clark County Library.
Author/Filmmaker and Montana native Gregory Hinton is the creator and producer of Out
West at the Autry, a historic educational program series which seeks to shine a light on
the history and culture of the LGBT community in the American West.
Since 2009, Out West has expanded to ten states in partnership with museums, libraries
and universities, offering lectures, films, plays and gallery exhibitions. Out West has
been covered by the NY Times, LA Times and NPR among many media outlets.
Out West partnering venues include The Autry National Center, the Buffalo Bill Historical
Center, The Eiteljorg Museum of American Indians and Western Art, The New Mexico
History Museum, The Bozeman Public Library, the Las Vegas-Clark County Library, and
the Phoenix Public Library.
Out West funding partners include HBO, David Bohnett Foundation, Gill Foundation,
Humanities Montana, Pride Foundation and Wells Fargo Foundation. In 2012, the Los
Angeles City Council formally recognized Out West as “an Angel in the City of Angels!”
For more information about Diversity Day or Out West programming, please contact
Gregory Hinton at 323.876.9585 gregoryhinton@earthlink.net
3
LIGHTS UP:
Six stools with music stands face the audience. A lectern with a reading
light is placed to the side. A projection screen is visible.
A DVD of the April 12, 2010 Missoula City Council meeting begins to play
softly. IMAGES of the crowded council chambers are seen, panning
occasionally to the Missoula City Seal, the Montana State Flag and
Members of the City Council, including the Mayor of Missoula.
Once the DVD audience is assembled, the FACILITATOR of the reading
takes the lectern, offers opening remarks and introduces SIX READERS.
Facilitator, Welcome to this reenactment of the historic April 12, 2010
Missoula City Council hearing to add sexual orientation, gender identity and
gender expression to Missoula, Montana’s already existing noni-
discrimination law. The original hearing began at 7:00 P.M. and did not end
until 1:47 AM; six hours later— a record for Missoula. These are edited
selections of testimony taken from the transcripts of the hearing by
playwright Gregory Hinton, which are Public Record. No words have been
added or altered. Not all the testimonies are included which is no reflection
on their value. In fact, it was painful not to include more of them. One
request: kindly refrain from commenting on the words of the person being
interpreted. Six members of the community have volunteered to read this
evening. Please remember, the words they will express are not their own,
and should not be interpreted as or confused to be the personal opinion of
the reader. Those of you in the audience are invited to get comfortable,
close your eyes, move around or exit the workshop if you wish, as happens
in most city council meetings. The outcome of the hearing will be revealed
at the end of the session. A discussion of this exercise will follow the
reenactment. Let’s welcome the Readers to the stage. (announce by name)
The SIX READERS ascend the stage and take their seats.
READER ONE: Martha Rehbein, City Clerk said, The meeting of the
Missoula City Council was called to order by Mayor John Engen at 7:00
P.M. in the Council Chambers at 140 West Pine Street. Minutes of the
regular meeting of April 5th were approved as submitted. Mayor Engen
proclaimed April 12, 2010 as “Missoula Diversity Day.”
4
READER TWO: Mayor Engen said, Typically, ladies and gentlemen, we
have a staff report from one of our staff but we have a number of folks
sponsoring this legislation this evening, so we‘ll have presentations from
those folks to begin with as part of our staff report. In the interest of
fairness, I had a request from folks who have led some of the efforts in
opposition of the ordinance and I‘ve offered them time to speak as well. My
recollection is that Ms. Rye was going to begin our staff report this evening.
READER THREE: Alderwoman Rye said, just to let you know for people
who haven‘t been here before, I‘ve been talking for hours in this Chamber
over the past six years every week and I‘m scared to death. So I just
wanted to let you know that this is the most packed we‘ve ever seen it.
Thank you all for coming. Tonight Dave Strohmaier and I are introducing
an ordinance that would add sexual orientation, gender identity and gender
expression to our already existing illegal discrimination law. Missoula
protects on the basis of race, color, national origin, ancestry, religion,
creed, marital or family status and disability. Most of this is reflected in state
and federal law but right now sexual orientation, gender identity and gender
expression are not in state or federal law. This ordinance would extend
equality and protection to sexual orientation and gender identity and
expression. We hopefully join tonight 129 other cities, 21 states and the
District of Columbia in amending this shortsightedness.
(beat)
I want to address some of the myths that have arisen and one of those is
the idea of bathrooms. There is nothing in this ordinance about bathrooms.
There are no laws right now governing who can use which bathroom. In
spite of this, common sense seems to have prevailed over the years and
we have not had chaos in our bathrooms as yet. The proposed ordinance,
in terms of public accommodations, does not change any criminal laws,
local, state or federal. Nothing in the proposed ordinance permits or
requires access to any place or public accommodation for the purpose or
intent of engaging in criminal conduct. And there is no evidence that we
could find in the other 129 cities of any outbreak of crime after laws like this
have passed.
(beat)
Finally, I wanted to say that civil rights are about responding to a history of
discrimination. Who you are, who you love shouldn‘t be a hazard to your
employment or cause you to be denied housing or services from
businesses like restaurants or hardware stores. When a person is denied
employment or housing, they‘re denied equal footing and there is a need to
5
make that discrimination illegal. Missoula is a wonderful place. Tonight
this is one piece of Missoula showing that it is an open and safe space.
READER FOUR: Alderman Strohmaier said, thank you, Stacy, and
thanks to everyone who came out tonight to share your thoughts on this
ordinance which I think is an important step, indeed a historic step for the
City of Missoula. I think as we‘ll hear from others tonight, discrimination is a
very real and present issue in the City of Missoula based on sexual
orientation, gender identity or gender expression. There have been those
who have articulated doubts about that but I think you will hear
overwhelming testimony tonight that discrimination is real and does exist in
Missoula. With that, I look forward to hearing from folks tonight and unless
Stacy has some additional comments, that would end my comments on the
ordinance.
READER FIVE: Niki Zupanic, Public Policy Director, ACLU of MT, said,
I appreciate the opportunity to address you this evening. Nondiscrimination
laws protect against arbitrary and unfair decisions. And the characteristics
that are typically protected are race, gender, age, religion. There are
reasons why we historically protect against discrimination based on those
characteristics. At the end of the day the only question that really should be
before you with this ordinance is whether or not the LGBT community
belongs in that group of people who are protected. I thank you for your yes
vote on this ordinance tonight.
READER SIX: Jamee Greer, Montana Human Rights Network, said,
members of the City Council, thank you so much for your time and your
patience… We know there‘s strong support for this ordinance from the
Missoula community, including by many of the people here tonight, who are
here to be proponents and testify before you. I‘ve refrained from discussing
my personal history or sharing my own story during this campaign but
tonight I kind of wanted to share what happened to me when I came out to
my father as a gay man. I was born and raised in Gallatin County and I
came out pretty young. It might surprise a lot of you to hear about an 8th
grader coming out at Chief Joseph Middle School in Bozeman, Montana
but it did happen. It was me.
(beat)
I met resistance from my peers, my teachers and others, and I‘m not here
to share my stories of discrimination. What I am here to say is my father‘s
reaction. My father would classify himself as a conservative. He grew up in
6
a Southern Baptist Church and he‘s a veteran. When he heard his only son
was gay, his response was that he was proud of me, that he loved me and
that he was afraid. And I asked him why are you afraid? And his response
was that he knew that my life was going to be more difficult as a gay man,
that I was going to face discrimination and hardship and it would always be
an uphill battle. And that‘s why we‘re here today. That‘s why our coalition is
here today. That‘s why the people who‘ve supported this ordinance,
organizations and the 3,200 people who have signed these petitions are
here today. Thank you so much.
READER ONE: Tei Nash said, I‘m a resident of Missoula. I‘ve lived here
all my life. I have five children. I own two businesses. First let me say that
the antidiscrimination ordinance is purposely constructed to give no
recognition to and no exempted protections to rights of conscience. And
because of the intended omission of this fundamental protection throughout
the language of this ordinance, it sends a very loud and clear message that
the real purpose of this ordinance is to force change in the moral
composition of this community.
(beat)
This ordinance is not simple. It is massive in its social implications to this
community. It is written purposely vague in its definitions. It is confusing. It
is oppressive in its legal consequences to our businesses and public
economy leaders. And it causes unforeseen problems with the rights to
privacy and most seriously it encroaches upon the safety protections that
are expected by all women and children in this community. Because of the
recklessness of this ordinance and the unnecessary overreaching
implications that this will put upon Missoula citizens, should this ordinance
pass, let every Council member who votes for this ordinance know that
there is formed a highly organized community of citizens who have come
together like I‘ve never seen or witnessed in my life in this City.
(beat)
And your aspirations of future political service will be severely challenged
upon re-election. This ordinance goes against the will of this community. I‘ll
repeat it again. This ordinance goes against the will of this community.
Thank you, Mayor.
READER TWO: Bob Luceno said, This is not easy for me to do tonight,
fellow Missoulians, fellow citizens. This is not easy at all. I possibly risk
friendships following my words tonight. I don‘t hate anybody. I much prefer
to bring smiles to people‘s faces than frowns. Anybody that knows me
7
knows that to be true. People who speak in opposition tonight to this
ordinance are not hateful people. They‘re reasonable, thoughtful citizens
who care a great deal for our City and for all of our fellow citizens. We
respect your office and we pray for you all on a regular basis. We respect
your authority.
(beat)
I come tonight as a citizen to state my opposition to this shrewdly crafted
ordinance that in my opinion has been effectively drafted by out-of-state
interests, maybe the ACLU, I‘m not sure. What is there really to discuss
here tonight? I was thinking to myself over the weekend. Really what is
there to discuss? A proclamation has been read. What‘s really to discuss?
This proposed antidiscrimination ordinance language, in my opinion, is very
craftily engineered with an artful sophistry. It seems very cleverly
sandwiched in and among noble civil rights images. What the vast majority
of Americans and Montana regard as self-destructive, deviant and
dysfunctional behaviors have been cloaked among iconic civil rights
images like race, color, creed and disabled veterans.
(beat)
Who can argue with that? I thought this weekend - would Ralph Abernathy
be here tonight? Would Martin Luther King be here? Would JFK? Would
LBJ? What would they say? How would they feel? Is it a civil rights issue or
not? I don‘t recall a single statement, at least publicly by any of these
heroes of the civil rights movement, that referred to the special interest
groups we‘re talking about tonight; cloaked in these iconic images that
bring civil rights memories to all of us. And in conclusion, I‘d like the
Council to take up all the other people and all the other people‘s needs that
are really in danger in the City on a daily basis and not getting tied up in
these extraneous, moral issues. Okay? There‘s enough room in Zoo Town
for all of us but I don‘t think we need to go this far. Thank you very much.
READER THREE: Harris Himes said, I do not want the epitaph of this
City Council— and I speak to you in a friendly nature as much as possible
on this— that this is the City Council that bankrupted the City of Missoula
because it very likely could. And I‘ll tell you, the first time that a gender
identity man walks into a woman‘s restroom and does something that
strikes psychological fear and apprehension in a child, a lawsuit will come
against this City because of this ordinance. And you will know real litigation
costs above and beyond the First Amendment things. So I appreciate your
time as a pastor and an attorney. Of course I have much more to say but
thank you very much for your attention and I beg you, I beg you to
8
remember also for the sake of your souls this is a sin and you should not
support it. Thank you very much.
READER FOUR: Caitlin Copple said, I‘m speaking in support. Some
people have expressed doubt about the need for this ordinance and I‘m
here to clear that up. Two friends of mine who have given me permission to
share their story tried to buy a condo and experienced discrimination. In
2006 my friend called the developer and owner of a to-be-built eight-unit
condo and said that she and her partner would like to make a deposit on
the unit. He said he would get back to them. He never called. After two
weeks of waiting the women were pretty sure he wasn‘t going to call and
why. Upon closer review of the condo association documents, they
discovered discriminatory language. I quote, ―No immoral, improper,
unlawful, dangerous or offensive activity shall be carried on in any unit or
upon the general or limited common elements nor shall anything be done
which may be or become an annoyance, a nuisance, a safety or health
hazard to the unit owners. They had no legal recourse. This ordinance
would change that. What developer would refuse to sell or forget to call
back buyers for a guaranteed sale? What developer would forget about
interested buyers when the real estate bubble, particularly for condos, burst
in 2008? One who didn‘t want a lesbian couple living in the building. Thank
you.
READER FIVE: Frank Chappel said, a life resident of the great state of
Montana and 20 years resident of the wonderful City of Missoula and what
an honor to speak before you. Fourscore and 154 years ago our forefathers
started making laws and they haven‘t quit. For some reason every time we
elect people they think they have to vote more stuff in. Believe me, the
book‘s getting pretty thick, okay? The people can‘t afford it. Yeah, we have
problems, they have problems, we have problems. I don‘t hate anybody. I
don‘t want to hate anybody and I don‘t think any of us want to. The way to
solve this problem is not by making a special group that gets special rights.
Hey, if a room full of Griz fans can tolerate a Bobcat fan… This isn‘t a big
deal so why do we need it? Thank you so much for your time.
READER SIX: Bre Sutherland said, I am a student at the University of
Montana majoring in computer science. As an activist heavily involved in
the transgender community, a self-identified feminist and as a lesbian I
have first-hand seen what discrimination feels like. Being a transgender
individual myself I‘ve experienced discrimination of all kinds in every aspect
9
of my life. I have experienced discrimination as both a lesbian and even
that much more as a transgender woman. Discrimination of any kind hurts.
It‘s unacceptable to deny an individual their most basic of human rights on
the basis of their gender identity or gender expression. As individuals we
deserve every right of those who‘s physical born sex is consistent with their
gender identity. Missoula‘s my home. It is my community. I ask everyone of
Missoula to come forward and do the right thing in showing your support for
this ordinance. Thank you.
READER ONE: Bernadette Meefe said, I‘m a licensed clinical social
worker and a Missoulian. Imagine you have a job, which is hard to come by
these days, you also have a secret to keep; you‘re part of the LGBT
community. You go to bed each night wondering if you‘ll be found out and
fired from your job. Each day at work you wonder if today is the day. It‘s not
because of anything you did wrong, it‘s just because of your sexual
orientation or gender expression. The stress is enormous.
(beat)
Experienced on a daily basis this kind of stress leads to a number of mental
health issues including anxiety, depression, panic attacks. There can also
be internalized feelings of loneliness, abandonment, desperation. Suicide
rates in the LGBT community are higher than in the general population.
LGBT kids drop out of school because of bullying and are also at greater
risk of suicide than their heterosexual peers. These conditions do not have
to play a role in anyone‘s life. The passage of this ordinance will send a
clear message that discrimination will not be tolerated any longer. Some
will testify that homosexuality is an abomination. This is a religious belief
not a secular issue. Some say that homosexuality is a choice. Clearly if it
were a choice one would certainly not choose to be a target of hatred.
(beat)
Is heterosexuality a choice? Does a person change after you find out they
are gay, lesbian, bisexual or transgender? Aren‘t they the same person
they were just a few seconds before you knew who they were? Fear is a
great deterrent for living one‘s life fully. That‘s all we‘re asking tonight, the
right to live life fully, without fear, fear of losing a job, of being evicted from
housing or just not being hired because of how we are perceived. To finally
be part of the freedom and justice for all I urge you to pass this
nondiscrimination ordinance and thank you for your time.
READER TWO: Iris Schmitt said, Mayor and Board of the Council and the
press, I‘m happy to be here today. I want to say that I have no hate in my
10
heart at this time. I can honestly say I feel love and I‘m sorry for those who
have been hurt. If they have been discriminated of some sort out of maybe
their misbehavior, I‘m sorry for their behaviors. But, however, I am a mother
and a wife. I have a divine calling to be a mother to my children and my role
is to protect my children. I have done a very good job doing that and it‘s
taken a lot of work. That means shutting off the cable. That means
watching the Internet, what they‘re on and monitoring it because they can
become desensitized.
(beat)
My children are so important to me. My family is a solid unit and I will fight
to protect that. I work at a school, a middle school. I see children acting
upon the same sex and it is not okay and where they are learning this?
Hmmmm, let‘s ask that question. It is not okay and I have addressed it to
the principal and I‘ll tell you, things have got to change and we have to
raise up our standards. Let‘s do it as a community. Let‘s take up a higher
standard for our families. Let‘s put the core into families. I am against the
antidiscrimination, I am. I am a religious person. We have choices and I
choose family as my core and I wish everybody would choose their family
as a core, husband, wife, children raised on principles and standards that
are good for our community, that helps our community, that makes
strength. We can move mountains with principle and acting on principle.
(beat)
Please. I have no hate. I have no hate and that‘s what this is becoming as
a hate issue. According to someone who had just spoke not very long ago,
they had said all these community places were supporting the gay gender.
Well then where are they being discriminated if all these public places are
for them? Where are they being discriminated? You know, but when it
comes to values and family, I love my family and I wanted you guys to
know that and I will do what it takes. If it takes shutting off the Internet, if it
takes describing how the children are demonstrating gay actions— I will
describe to my children that it‘s not appropriate, because it‘s not
appropriate! It‘s not appropriate behavior and if they‘re born that way, there
is counseling and there is help. If my child was gay, I would love them just
as I love all of you in this room.
READER THREE: Bill Waverly said, You can direct your bricks at my
picture window if you‘d like but I‘m opposed to this ordinance and it‘s
because it exposes the business community and the churches to some
lawsuits and some fines. There‘s not a provision in this thing to protect
them. It’s been back and forth by the different speakers here, but I read the
11
thing, several times, and I‘ve watched its iterations and I think that you
could rewrite this thing so that it would be acceptable to both sides. I hope
you will consider that. Thank you.
READER FOUR: Melinda Gopher said, I‘m a Missoula resident. I‘ve lived
here for about four years. I am a practitioner of fair housing over half my
life. I‘m 45 years old. I served as a tester initially bringing fair housing law to
Montana and at that time we found that almost 60% of instances that we
tested, Native Americans were discriminated against in housing. I went on
to serve as an education and outreach coordinator for a nonprofit, fair
housing group. I‘ve worked as a fair housing specialist for the City of Great
Falls and I was a presenter at the one and only National Fair Housing
Summit in our nation‘s history in 1994, in January. On behalf of my
husband and myself and my four children—he is a combat veteran— we
support this ordinance. The thing is, there‘s always a good reason to
discriminate. There‘s always really good reasons to discriminate and that‘s
what laws are for so that we can have an equal society. I commend you for
your bravery on this. Thank you.
READER FIVE: Michelle Bashor said, I am here to oppose the
ordinance. I am a Missoula resident, business owner and mother of five
children. I do not believe this is an ordinance directly related to concerns
brought about from incidences in our town. If there has been such a
problem in our area, why was this ordinance not brought to the attention of
residents in a more professional, out-in-the-open approach? Missoula is
already a very tolerant place to live. Spend a day downtown or a morning at
the Farmers Market. We are diverse. We do not need an ordinance or a
stated date to prove that fact. If you look at and read the websites of the
organizations, pushing this ordinance forward, like that of ACLU of
Montana, Montana Human Rights Network and Forward Montana, this is
most definitely part of an agenda. I would like you guys to vote no on this
for many reasons. Thank you.
READER SIX: Jeanette Zentgraf said, I‘m speaking for 36 women in
Concerned Women for America here in Missoula City. You are preparing to
pass a draconian City ordinance because of discrimination in the work
place and accommodations here in the City. If Missoula City fits the
national pattern, there has been a great exaggeration about discrimination
against gays and lesbians in the work place. Landlords will lose their
freedom to control the overt behavior of homosexuals or transgender
12
people in rentals where family people also reside. The classic example of
what happens when landlords lose their freedom occurred on Fire Island,
New York 30 years ago. Well, the legislation that was passed in New York
allowed a whole 60 miles of the most beautiful waterfront on Long Island to
be altered completely because of what wasn‘t discreet or you would say
just normal behavior of privacy of sexuality. As the homosexuals rented the
facilities, objectivity and the discreetness vanished so much that the
families were discriminated against.
READER ONE: Patricia Clay said, I have been a resident of the Missoula
area for 11 years. My husband owns a business here. My children attend
school within the City limits and I do all of my business within the City limits.
And I wanted to start out by saying that I have had good friends, I have had
colleagues and I have had neighbors that were close, next door, across the
street that were members of the lesbian and gay community. And in all of
those cases, of all of those people that I know, I had not one issue with
them. I was able to work with them, be friends with them, live next to them
and not have any problem. But I am opposed to certain parts of this
ordinance. I have a 13-year-old daughter that I would feel unsafe for.
(beat)
And, you know, I just don‘t really believe that this particular issue is a civil
rights issue or discrimination issue. I believe that it is a public safety issue. I
think that we need to keep restrooms and facilities like that separate and if
we need to add a third individual, then maybe that would be the way that
we should go. I also believe that the issues of the pedophiles and the
rapists and the perverts would not probably come from this particular
community, but opening the restrooms to men and women would extend
the invitation to these people. Thank you very much.
READER TWO : David Herrera said, I live up the Rattlesnake and work
as a sole proprietor in downtown Missoula. I worked in public health,
specifically in HIV prevention, for over 25 years and conducted civil rights
work for even longer. I‘m here to urge you to support the ordinance to
include sexual orientation, gender identity and expression in Missoula‘s
nondiscrimination policy as it pertains to housing, employment and public
accommodations. As a Latino gay man— and for the record I don‘t
differentiate between the two— my sexual orientation was no more choice
than my ethnicity. That‘s my experience. As a Latino gay man, for the past
two days, I‘ve been compared to rapists, pedophiles and adulterers.
(beat)
13
I truly hope the Councilmembers are able to see the truth about who we
are as gay, lesbian, bisexual and transgendered individuals. We are your
sons and daughters, aunts and uncles, mothers and fathers, doctors and
lawyers, legislators, artists and business owners, students and retired
person. We are Latino, Native American, of European descent. Asian and
of all other ethnicities. We are Catholic, Christian, Muslim, agnostic, Jewish
and of all religious faiths. We are even Republican, Democrat, Libertarian
and Independent. We are homeless and housed, rich and poor, young and
old. We worry about taxes, health care, paying our monthly bills and caring
for our families. In short, we are much like anyone else.
(beat)
If you have family or friends that are gay, lesbian, bisexual or
transgendered, then you probably already know this. I believe that we
should be judged based on our merit, character, integrity and abilities; not
based on who we love. This ordinance is about fairness and equality. It
says that we really believe the American promise that everyone should
have the fair chance to be everything that they possibly can be, that they
can go as far as their intellect, determination and creativity can take them.
Please vote to help us achieve that promise for all Missoulians. Thank you.
READER THREE: Lilly Wilson and Sandra Netz said, we represent the
UM Women‘s Resource Center. As a group dedicated to promoting feminist
and gender issues, the Women‘s Resource Center considers itself a strong
ally of the LGBTQI community, not only because many of our members can
identify with at least one of the letters of LGBTQI, including myself, but also
for the same reason that supporters of the Suffrage tended to be
supporters of abolition and vice-a-versa. Because we consider ourselves
feminists, it‘s natural that we consider ourselves advocates on behalf of all
marginalized groups.
(beat)
The LGBTQI community is patently a marginalized group and we fully
support ending discrimination against them. Because we are a women‘s
group, we also think it‘s necessary to share a few words regarding our
status as women for it seems as though those opposing this
antidiscrimination bill are concerned mostly with our safety. The Women‘s
Resource Center fully supports the passing of this ordinance and does not
foresee it causing any harm to women. To the contrary, we foresee it
sending the message that all women, including trans, lesbian, bisexual and
queer women have intrinsic dignity and rights.
14
READER FOUR: Taryn Nash said, I‘m a Missoula native and I‘m currently
in Spokane right now attending physician assistance school but will be
coming back in three months. I am also Tei Nash‘s daughter. Tei Nash, if
you don‘t know already, is the chairman of the “notmybathroom.com.” I am
also a member of the LGBT community. I am here for two very important
reasons tonight and I appreciate you listening to my short statements. The
first is to address my father. He just left. I don‘t know if you saw that, but
because of my presence I believe he left. Dad, I strongly disagree with the
way you have been portraying the LGBT community who are my friends.
You have gone too far. I will not sit back any longer and be quiet. I love you
because you are my dad but I have lost respect for you. Your blanket
judgments and irrational conclusions are ignorant, hurtful and you need to
realize this crusade you are on is wrong and it affects me personally. It
makes me sad to say this but, Dad, right now I am ashamed to call you my
father.
(beat)
I am asking you to stop your ridiculous agenda of battling LGBT rights or
you will lose me forever. The second reason I am here tonight is to
encourage the Councilmembers to pass this very important ordinance. I
plan to practice medicine with an emphasis in geriatric care in the Missoula
community, and I hope to live in a community where I won‘t be
discriminated based on my orientation. I also encourage you to pass this
ordinance because these wonderful people of the LGBT community
deserve protection against discrimination in all areas. They are
hardworking, trustworthy, loving and respectable people and I am proud to
call them my family. Thank you for your time.
READER FIVE: Marilyn McIntyre said, I‘m a native Montanan, 55 years,
so I suspect I may be one of the few native Montanans here, I‘m not sure. I
would suggest to the other side that I am a member of the NRA. I like to kill
and eat animals. That that might offend a lot of you. And you would have
that right to be personally offended. You have the right to make that choice.
And if you had a rental property and you chose not to rent to me because
I‘m hanging my dead animals around and carrying my guns in and out of
your property, you might decide because of ideological reasons that you‘re
on one side and I‘m on the other. Maybe you wouldn‘t want to rent to me.
You might feel threatened. You have that right. I have nothing against the
gay and lesbian community. I think we all have choices. We‘re all able to
make those choices. This a moral issue to me. And I say to you and I mean
it, I carried a sign out there and I said, “Shame on you, Mayor Engen,” and I
15
say shame on us if we pass this. I am adamantly opposed to this. All of
you, thank you.
READER SIX: Diane Keefoffer said, in November of 2007 Kmart in
Missoula hired me as a stocker. There were two other stockers that were
also hired that week and we had the same experience, we had the same
job, same work, same pay. Roxanne was my trainer and supervisor. We
worked side by side seven to nine hours a day and we chatted about her
family, the prices, the weather and we got along real well. Two weeks later
in the back room the guys were joking about being gay or something and I
said, hey, you know, keep it clean, guys, I‘m gay, and they kind of laughed
uneasily. After that everything changed. I was buzzed in at 3:00 a.m. each
morning when I got there but someone had to come and let me in, unlock
the door. No one, when I buzzed on that morning, no one came for me for
like 15-20 minutes and I was late punching in and got reprimanded for that
too.
(beat)
When I saw Roxanne I asked her where the toilet brushes went and she
kind of looked at me but she didn‘t. She looked right through me like I
wasn‘t even there. She didn‘t say anything to me at all, but I could feel her
hostility. The store manager later that day called me in and said, “you are
mandated to stock 50 boxes in an hour for every hour you work or you will
be fired.” Neither of the other two new stockers were told this. No one else
was given that mandate for their job. A week later the manager called me in
again and said, you didn‘t meet that 50 box an hour requirement and you‘re
always late so you‘re being let go. I was astounded. I worked hard. I
worked real hard and I was being fired for being gay. It wasn‘t right.
(beat)
That day I went over to the Mansfield Library and got onto one of the
websites there and filed a claim with the Equal Employment Opportunity
Commission, it‘s a federal commission, their offices are…their closest
offices are in Seattle. A week later I heard from a representative of the
EEOC. She made sure I was the person who filed the report and that I lived
in Montana. I said yes and she says, “in Montana you are not protected
from discrimination. There‘s nothing we can do, I‘m sorry.” I wanted to cry.
This is the United States of America and it‘s not right.
READER ONE: Todd Zimmerman said, I come before you tonight as a
resident of Missoula, a family, father of three lovely children and a wife. I
also come before you as a business man in Missoula opening a business
16
here four years ago. I currently have a business here in your lovely City.
You know, last I‘ve seen sexual predators didn‘t wear a tattooed stamp on
their forehead that said ‘that‘s what I am.’ If they have a transsexual
moment going to a bathroom and we have a woman, a child in there—
even if they only have an emotional or physical breakdown over it— the
lawsuits, the ramification of that is going to come before this City and this
City is going to have to fight that in the court of law. They are going to have
to pay an attorney to fight this. I just ask that you either table this or vote
against it on that basis only.
READER TWO: John Blake said, I‘m gay and I‘m from Montana. I‘m also
a Missoula resident. As you can see, I‘m also an African American man. I
have stood here for hours and heard statements in relation to racial issues
that make very clear that race is not finished here. I hope that you will
support this ordinance. I don‘t know what more I can say except that I have
never been so scared to state who I was and what I needed. I hope
Missoulians will think about that. Thank you.
READER THREE: Emmett said, I am not here to debate the homosexual
lifestyle. I am opposed to it. It has nothing to do with this. If someone was
forced to hire a homosexual, forced to rent to them— that would be
unconstitutional. I am a punk rocker and yes I have been nearly murdered
for being a punk rocker and I‘ve been discriminated against. The police
officers who handled the case and the attorneys did an excellent job at
bringing the perpetrator to justice and there were no ordinances protecting
the punk rock community. But I believe that there have been protections
already in place to protect those who have been gay bashed or any such
thing. I thank you for your time and God bless the United States of
America. This has been exciting.
READER FOUR: Jennifer Swede said, I‘m terrified to speak here tonight
but I have to. I go to work every day, I do the best job I can, I pay my rent
every month and unfortunately in my case that isn‘t enough, that can
change at the whim of somebody because I‘m a transsexual woman. I am a
Missoula resident and a lifelong Montanan.
READER FIVE: Gordon Dexter said, I thank you for the opportunity of
speaking. I share concerns for all of them when I speak of the
antidiscrimination ordinance. I‘m opposed to discrimination. I‘m opposed to
brick throwing. I‘m opposed to name calling. I‘m opposed to cross burning.
17
But I am vehemently opposed to this ordinance. As written, this ordinance
will create reverse discrimination. Now I am opposed to this. I represent a
congregation that opposes it. As a pat member of the Montana Regular
Baptist Fellowship Association, I represent the feelings of over 15 churches
in Western Montana who are watching Missoula to see what they do. They
are all to amen opposed to it. I think you‘re getting in over your heads. I
would ask that you vote against it or at least put it to the vote of the people
who live in Missoula. I guess that‘s all I have to say. Thank you for your
consideration.
READER SIX: Mary Nordhagen said, I am currently the Chair of the
Unitarian Universal Fellowship of Missoula. We are lay-led so we have no
professional minister to eloquently speak for us or to argue theology. For
me personally even speaking in public is more than a bit of a stretch, let
alone waiting for hours to do so. But this is too big of an issue for us to
remain silent, too important an issue not to make a public stand. Many of
you here probably don‘t even know what Unitarian Universal is or what we
stand for. We have a long history and a proud tradition of working for
religious freedom, working for inclusion, for tolerance, celebrating diversity.
The Missoula City Council cannot legislate a hate-free Missoula. People
are free to believe as they wish, however, this Council can send a strong
message about what behavior is intolerable and will not be allowed in this
City. The Unitarian Universal Fellowship of Missoula supports this
amendment and we encourage each member of the Council to vote in
favor. Thank you.
READER ONE: Kelly Hurzman said, I am a native Missoulian and I‘m a
City resident now. I oppose this and I oppose those of you who are going
for this and my vote will count. I ask that you please vote no on this and I
thank all of you tonight who on religious and moral grounds has stated
everything that I‘ve wanted to say, so I‘ll keep it short. Thank you.
READER TWO: Doug Smith said, As a Missoula native and Missoula
businessman I‘d like to share quickly a couple of observations I‘ve had
tonight. Number one, that‘s the most polite line I‘ve ever stood in and
number two, you guys have buns of steel, I don‘t know how you do it. This
is incredible. I‘ll be quick. Local business is already economically burdened
to the point that going-out-of-business signs can be seen on store windows
all over Missoula. Adding this proposed ordinance to the cost of doing
business in Missoula may result in Missoula businesses moving to other
18
locales where communities do not confuse citizens‘ moral value judgments
with bigotry. I respectfully urge this body to defeat the proposed ordinance
or actually to return the proposed ordinance to committee just to address
the unintended consequences the proposed ordinance will impose on
Missoula businesses. Thank you very much. You‘re all wonderful.
READER THREE: Carl Williams said, I do reside in Missoula. I am
opposed to this amendment.. Sorry. Everybody has said a lot of great
things, but what I look at is of 3 to 5% of the population; approximately
30% of them are discriminated against and you‘re asking 100% of us to
bear that in another City ordinance on the backs of small businesses.
READER FOUR: Dave Berkoff said, I‘m a resident of the Rattlesnake. I‘ve
lived in Missoula for 17 years. I think the opponents of this ordinance have
spoken for me and shown me that bigotry is alive and well in Montana. I
encourage you to pass this proposed ordinance and if there are any
lawsuits out there, I will use my pro bono attorney services for you in
defending this ordinance. Thank you.
READER FIVE: Emily May said, I live on California Street and I am
currently serving as the Vice-President of the Associated Students of the
University of Montana. I‘m here representing approximately 14,000
students whose representative body has recently chosen to support this
ordinance. We don‘t all vote here but most of us live here. We‘ve prioritized
civil rights issues in the past. I think the body will choose to do so in the
future. I hope you‘ll consider that when you‘re deliberating. Thank you.
READER SIX: Mark Anderlik said, I‘m wearing two hats tonight. One is
the President of the Missoula Area Central Labor Council and also as the
Executive Officer of the United Union Local 427 which is a union of
hospitality workers, low wage workers in Montana. And both organizations
have unanimously and actually very enthusiastically voted to endorse this
resolution, this amendment, … in fact, the biggest response we had was it‘s
about time. This is a good step forward. It is something that needs to go
further as well. It does not cover domestic partners and that‘s something
that can be definitely addressed later on. One last thing is that this will be
an economic good for Missoula. I think you underestimate the economic
power of people when they feel welcomed to come to Missoula to visit
here, to have a convention here, to spend their money here. That is not to
be underestimated. The time to pass this is now. Thank you.
19
READER ONE: Sadie Oliver said, I‘m here to speak in support of the
ordinance. Throughout my high school career I‘ve received 15 notes in my
locker calling me words and names that are not allowed in this room. I‘ve
been pushed against lockers and I once received a note that had my
address written on it and a threat against my life. I‘m 17 years old and I‘ve
received two threats against my life due to being a lesbian but the thing
is— I‘m not a lesbian. My point is this ordinance does not only protect
LGBT people, it protects heterosexual people as well. People… Any girl
that has short hair, any guy that has long hair, any girl that doesn‘t want to
wear a dress or anyone that is perceived as homosexual, even though
they‘re straight, but they‘re mistreated because of it. This ordinance isn‘t
right simply because it protects the gay community, it protects people. And
I don‘t see how religion or discomfort with a sexual practice different from
yours or having a problem with someone wearing a dress when you think
they should wear pants comes into this equation in any way, shape or form.
And I hope that you pass this ordinance because if not— I‘ll feel that this
Council has failed.
READER TWO: Neil Armstrong said, I do understand what it‘s like,
because I waited for hours, and have also served on the City Commission
for a couple of years so I understand how you guys feel being stuck there
as long as you have. But this is Jeanette Rankin‘s town. This is Mike
Mansfield‘s town. Both of them struggled for long periods to make this
society a little more open, a little more understanding and responsive to
everyone. We have a chance for a historic vote for here. I really urge you to
vote yes. We have been through a long night together. We have seen an
awful lot of community spirit on both sides of the issue, but we too need to
protect and care for all our members. It‘s that simple. This is the most
clearly written ordinance I‘ve ever seen. It does protect gay and lesbian
rights but more to the point, it protects the rights of all Missoulians, all
Montanans more clearly than any other document I‘ve ever seen other than
Montana State Constitution. Thank you.
READER THREE: James Verlanic said, Okay, I‘m here to voice my
opposition to this ordinance. Many prior speakers before me have said that
this is much too important of an issue to be voted on by just a handful of
people. Representative government was designed when people were far
away from their legislatures, and now our constituents are right here. As
important as it is, this ordinance should be voted by the people, because
20
this is a government of the people, by the people and for the people, not
just a few. Anyway, thank you.
READER FOUR: Margo Hart said, I‘m a certified rehabilitation counselor
and I‘m a licensed councilor and I am opposed to this – not because I want
to discriminate. I‘ve listened for 25 years to stories and I‘ve counseled
people—lesbian, gay, transsexual, that have been raped, that have been
molested, I just can‘t tell you the stories I‘ve heard and I have a real
concern. I just think the language is way off. I think we‘re opening up a
door. We‘re getting raped and molested and stolen and left in ditches. I‘m
not trying to mark a predator thing but I‘m just saying, hey, wake up, protect
everybody. And write it so we really know what we‘re doing. Thank you.
READER FIVE: Spider McNight said, I‘m a resident of Missoula. I own a
business in downtown Missoula. And I just want to say that I recognize that
you all are very tired, I‘m very tired, but I want to talk about a bigger context
of being tired. I think a lot of us here feel tired in a different way. Tired for
me personally, tired of being called names, tired of being chased, tired of
having my friends‘ houses burned down all because they‘re gay or lesbian,
tired of being beaten myself, tired of having to come to meetings like this,
tired of being told I‘m a sexual deviant, tired of being told that you don‘t
hate me but you don‘t want me to have my rights, tired of being told you
don‘t discriminate against me and yet I shouldn‘t go into a bathroom or a
sauna. Mostly I‘m tired of having to stand here even though I‘m a business
owner, I‘m a homeowner, I sit on boards, I employ people, I volunteer, I
donate money, I give pro bono but I have to stand here in front of you and
say, please don‘t discriminate against me. What more do I have to do?
What more do any of us have to do to just say just give us what we already
should have. That‘s all. Thank you for your support.
READER SIX: Dave Holly said, I‘m a Missoula resident and I had an
employer a number of years back drive by my house, see a car parked at
my house with a gay sticker on it. He told me later and asked me whether I
was gay. He told me if I were, he would fire me. I needed the job. I lied. Be
nice to know that I wouldn‘t have to. Thanks.
READER ONE: Jayme Branson said, I have a wife and five children. I live
here in Missoula. Lived here for 15 years or so. I come before you in
representation of what you would call an average family. Our kids do
sports, they go to youth group at church, we go to church, we go to Griz
21
games, we buy food, we just do all the normal stuff. We can‘t grow a
garden but we can do a lot of other things. For me, from my Christian
values, I can‘t get past the part about ‘love your neighbor.’ I do love my
neighbors and it doesn‘t matter what they are. It doesn‘t matter who they
are or what they represent, that‘s my approach. So, I am in opposition of
this ordinance but I want to say that‘s really hard because I do love my
neighbors and I believe that we‘re all neighbors. I have to be in opposition
because I‘ve got a duty to raise my family in the way that I believe and
that‘s how I believe. All that said, fine line… Thank you.
READER TWO: Amy Francis Capolupo said, I‘m gay. I‘ve always been
gay, my whole life I‘ve been gay. I mean I‘ve always known I was gay, I‘ve
been gay since I was 8. I‘m just gay. I‘m like the gayest person I know. I
mean I‘m really serious about this, okay, like I mean I don‘t mean to make
you laugh, I‘m totally serious. And you know when I came out to my
parents, they didn‘t take it very well. They took it terribly in fact. And over
time and therapy and years, my father finally came to me with the reason.
He said, “because I was afraid, I was afraid that you‘d get beat up, that you
wouldn‘t be able to be all these things in life that I wanted you to be.” And
today, you guys have the opportunity to kind of hopefully help whoever is
younger, just like me, who is just gay, I mean, totally gay, okay? I mean
God made me gay. And whoever here who does not think that God made
me gay for five seconds— I assure you, God made me gay! Amy
Capolupo— gay.
READER THREE: Mayor Engen said, thank you. Any additional comment
on the motion to amend? Seeing none, and no discussion, we‘ll have a
voice vote on the motion to amend.
READER FOUR: Martha Rehbein, City Clerk said,
Alderwoman Rye made a motion to adopt ordinance 3428 of the Missoula
City Council. On the ordinance: Childers, Aye. Haines, Aye. Hellegaard,
Nay, Houseman, Aye. Jaffe, Aye. Marler, Aye. Mitchell, Nay. Rye, Aye.
Strohmaier, Aye. Waltzer, Aye. Wiener, Aye. Wilkins, Aye.
Upon a roll call vote, the vote on Ordinance 3428 was as follows:
Ordinance 3428 carried: 10 Ayes, 2 Nays, 0 Abstain, 0 Absent
The ordinance was approved. The meeting adjourned at 1:47 a.m.