Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Nondiscrimination topic
No spam. Unsubscribe anytime.
Gahanna commission modernizes charter nondiscrimination language; some warn of legal exposure
Summary
The commission voted to update the charter’s nondiscrimination enumeration to reflect current federal, state and local categories; the City Attorney said the change aligns the charter with law while some commissioners warned it could increase litigation risk if a discrimination claim occurs.
Commissioners voted June 8 to modernize the charter’s nondiscrimination clause so it tracks current federal, state and local protected categories and adds a catch-all referencing applicable law. Supporters described the edit as an inclusive, modernization measure consistent with existing city ordinances and the city’s EEO policy.
Several commissioners raised concerns that embedding detailed protected categories in the charter — which would apply to public resources as well as employment — could broaden potential legal exposure. One commissioner cautioned that the charter change would apply to public resources such as restrooms and city property, raising hypothetical litigation scenarios if the city were alleged to have denied access based on a protected class.
The City Attorney responded that the proposed language aligns the charter with current practice and law. “The recognition of gender identity or any of these protected categories means that we cannot prohibit, withhold or limit resources based on these categories to any person based on these categories,” she said, explaining that liability would arise only if actual discrimination occurred.
On a roll-call vote the commission advanced the nondiscrimination amendment to council (five yes, two no). The City Attorney and staff will prepare the redline and an explanatory memorandum for council review.
What happens next: the amendment will be part of the commission’s package to council for committee consideration in July; council will decide whether to adopt a resolution to place the measure on the ballot and the Board of Elections will review language.
