Family Council leader says Eureka Springs law in ‘direct conflict’ with SB 202

A vote Tuesday in a northwest Arkansas town to maintain an anti-discrimination ordinance may create a further battle in the courts, a person opposed to the ordinance said Wednesday.

Voters in Eureka Springs voted Tuesday (May 12) 579-231 in favor of keeping the ordinance approved by the Eureka Springs City Council in February.

The ordinance “seeks to protect and safeguard the right and opportunity of all persons to be free from unfair discrimination based on real or perceived race, ethnicity, national origin, age, gender, gender identity, gender expression, familial status, marital status, socioeconomic background, religion, sexual orientation, disability and veteran status,” content partner the City Wire reported Tuesday night.

There has been discussion in the past year or so, with similar ordinances being supported in other Arkansas cities. The Fayetteville City Council approved a similar ordinance last year. However, voters there overturned the council vote during a special election earlier this year.

The cities of Little Rock and Hot Springs have approved ordinances banning discrimination among city employees and contractors.

Meanwhile, legislators approved Senate Bill 202 by wide margins during the session. The bill, which would ban local governments from creating anti-discrimination ordinances, was approved by a 24-8 vote in the Senate Feb. 9 and 58-21 in the House Feb. 13. The bill became law without the signature of Gov. Asa Hutchinson, which is allowed under state law.

“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 at the time.

However, the law did not have an emergency clause on it and will not go into effect until 90 days after legislators officially ended the session ("sine die"), which occurred on April 22.

‘DIRECT CONFLICT’ WITH SB 220
Jerry Cox, an official with the Arkansas Family Council, said the vote Tuesday was expected but said the city’s ordinance is “egregious and far reaching.”

“First of all, anyone who believes the Eureka Springs vote is how the rest of the state feels, they are severely mistaken,” Cox said. “It could not have passed anywhere but Eureka Springs.”

Cox said the town’s liberal orthodoxy led to voters approving the ordinance. He also said he believes the ordinance is in “direct conflict” with SB 202, and believes the Eureka Springs ordinance is unenforceable because of SB 202.

As for the issue, Cox said he believes it will likely be decided in the courts.

“Now that Eureka Springs has passed (the ordinance), the question I would ask is who is being discriminated against now,” Cox said.

Cox compared the issue to a see-saw, with religious freedom on one side and personal freedom on the other. He noted when one side rises, the other side drops. Cox said the ordinance could have an impact on religious freedom on other issues including whether a Muslim who owns a restaurant would be forced to serve pork, as well as small businesses complying with the ordinance.

“There has been no cases in any of these cities. I am not aware of any discrimination in any ordinance (in Little Rock or Hot Springs, two other cities that have passed anti-discrimination ordinances). If it is not a problem, why go to great lengths,” Cox said. “It is social activists using it to make a social statement.”

Cox said his group is considering its legal options on the Eureka Springs, Hot Springs and Little Rock ordinances.

“We will possibly get involved but it is too early to know,” Cox said.

The office of Arkansas Attorney General Leslie Rutledge declined to comment on the possible legal implications of the Eureka Springs vote.

ORDINANCE PROVIDES ‘CLARITY’
Supporters of the Eureka Springs ordinance applauded the vote Tuesday. Kendra Johnson, Arkansas state director for the Human Rights Campaign, said the Eureka Springs ordinance provided clarity.

"Arkansas cities are leading the way and we hope that Governor Asa Hutchinson is taking notice. Where leadership has failed Arkansans on the state level, local municipalities like Eureka Springs have taken the initiative to ensure that all their residents are rightfully protected from all forms of discrimination, Johnson said in a statement.

In the statement, another supporter, Lamont Richie said people in the town worked to build support for the idea.

"As a small group of committed citizens of Eureka Springs, we are very happy that we have received such good advice, counsel and support from so many organizations and people including the Human Rights Campaign Arkansas. While 2223 was a totally local ordinance, created by local community members, having the advice and support of so many has been instrumental,” said Richie, who wrote the ordinance and chaired a committee on the issue.

Johnson said the group would continue to work on the issue.

“HRC Arkansas is working to advance equality for LGBT Arkansans who have no statewide protections in housing, workplace, or public accommodations; and legal state recognition for their relationships and families,” Johnson said.