‘Uniform non-discrimination’ bill becomes law without Governor’s signature

A bill whose net effect would prohibit local governments from establishing anti-discrimination ordinances is now Arkansas law.

SB 202, which was hotly debated in the state Legislature, went into effect without the signature of Gov. Asa Hutchinson, who had said he would not veto the measure despite reservations.

Conservatives led the push for the Intrastate Commerce Improvement Act, which would “improve intrastate commerce by ensuring that businesses, organizations and employers doing business in the state are subject to uniform non-discrimination laws and obligations,” said Sen. Bart Hester, R-Cave Springs, the original sponsor of SB 202.

Opponents argued that the bill would open up the state to possible discrimination lawsuits. Rep. Bob Ballinger, R-Hindsville, a House supporter of the bill, said it would create certainty with businesses that may face different complex issues.

The debate over the issue has been discussed in the state since an ordinance that would have banned discrimination in housing, work and public accommodations involving sexual orientation or gender identity, was passed by Fayetteville City Council members last year.

The ordinance was later repealed during a special election in December.

WAL-MART, HUMAN RIGHTS GROUPS CRITICAL
Arkansas' constitution allows a bill to become law without a governor's signature if it sits on his desk for five days. Monday was the deadline for that threshold.

Last week, Gov. Hutchinson issued a statement letting supporters and opponents of the measure know that he would let it become law without his signature.

“Senate Bill 202 passed with significant margins in the General Assembly, and I have a high regard for the discussion in the Legislature and respect for the legislative process. As Governor, I recognize the desire to prevent burdensome regulations on businesses across the state. However, I am concerned about the loss of local control. For that reason, I am allowing the bill to become law without my signature,” Hutchinson said in a statement provided to Talk Business & Politics.

Lorenzo Lopez, spokesman for Bentonville-based Wal-Mart, told content partner The City Wire that passage of the law will not change the retail giant's non-discrimination policy, which includes protections based on sexual orientation.
 
“Every day, in our stores, we see firsthand the benefits diversity and inclusion have on our associates, customers and communities we serve. It all starts with the core basic belief of respect for the individual. And that means understanding and respecting differences and being inclusive of all people," Lopez said. 

"While SB202 will not change how we treat our associates and operate our business, we feel this legislation is counter to this core basic belief and sends the wrong message about Arkansas, as well as the diverse environment which exists in the state," Lopez added.

The Human Rights Campaign, a group supporting rights for lesbian, gay, bisexual and transgender (LGBT) people had asked Hutchinson to veto the bill.
 
"The governor can and should veto a bill that would harm LGBT Arkansans and strip control from local governments. SB202 is bad legislation," HRC Arkansas State Director Kendra Johnson said earlier Monday. "SB202 undermines local governments from doing what is best for their respective towns."