HomeMy WebLinkAboutAgenda - 04-19-2016 - 4-b - Resolution Regarding House Bill 2 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 19, 2016
Action Agenda
Item No. 4-b
SUBJECT: Resolution Regarding House Bill 2
DEPARTMENT: BOCC
ATTACHMENT(S): INFORMATION CONTACT:
- Draft Resolution Donna Baker, Clerk to the Orange
County Board of Commissioners, 919-
245-2130
PURPOSE: To consider approval of a resolution regarding House Bill 2.
BACKGROUND: On March 23, 2016 the North Carolina General Assembly in special session
ratified and Governor Pat McCrory signed House Bill 2 (Session Law 2016-3), the Public
Facilities Privacy & Security Act which limits the ability of local governments to address issues
on a local basis.
House Bill 2 establishes new statewide standards for what constitutes discriminatory practice in
employment and public accommodations. It also omits sexual orientation, gender identity,
gender expression, and other categories from the statewide list of categories protected from
discrimination, meaning that protections on these bases appear to be unavailable through state
law, and that local governments appear to be preempted from offering these protections to their
residents.
Orange County is dedicated to assuring that the principles of equality, nondiscrimination and full
inclusion and engagement extend to all residents, and that no persons are denied their civil or
human rights.
The attached draft resolution principally urges the North Carolina General Assembly to repeal
Session Law 2016-3/House Bill 2 at the earliest opportunity.
FINANCIAL IMPACT: There is no financial impact associated with consideration of the
resolution.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable
to this agenda item:
• GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND
INEQUITY
The fair treatment and meaningful involvement of all people regardless of race or color;
religious or philosophical beliefs; sex, gender or sexual orientation; national origin or
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ethnic background; age; military service; disability; and familial, residential or economic
status.
• GOAL: CREATE A SAFE COMMUNITY
The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang
activity, substance abuse and domestic violence.
• GOAL: ENABLE FULL CIVIC PARTICIPATION
Ensure that Orange County residents are able to engage government through voting and
volunteering by eliminating disparities in participation and barriers to participation.
RECOMMENDATION(S): The Manager recommends that the Board consider approving and
authorizing the Chair to sign the attached resolution.
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RES-2016-031 DRAFT
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION CALLING FOR THE REPEAL OF
SESSION LAW 2016-3/HOUSE BILL 2
WHEREAS, on February 22, 2016, the Charlotte City Council approved a local ordinance that adds marital
status, familial status, sexual orientation, gender identity, and gender expression to its list of categories
protected from discrimination in city contracting and public accommodations; and
WHEREAS, on March 22, 2016, the Orange County Board of Commissioners adopted a resolution supporting
Charlotte's nondiscrimination policy; and
WHEREAS, on March 23, 2016, the North Carolina General Assembly in special session ratified and Governor
Pat McCrory signed House Bill 2 (Session Law 2016-3), the Public Facilities Privacy & Security Act which
further limits the ability of local governments to address issues on a local basis; and
WHEREAS, House Bill 2 [HB2] appears to repeal the Charlotte ordinance by establishing new statewide
standards for what constitutes discriminatory practice in employment and public accommodations; and
WHEREAS,the omission of sexual orientation, gender identity, gender expression, and other categories from
the statewide list of categories protected from discrimination means that protections on these bases appear
to be unavailable through state law, and that local governments appear to be preempted from offering these
protections to their residents; and
WHEREAS, HB2 appears to eliminate the right of any person to bring a civil action in a North Carolina court
for a claim of discrimination in employment or public accommodations on account of race, religion, color,
national origin,age and biological sex,as well as handicap for employment only; and
WHEREAS, HB2 is inconsistent with the Equal Protection Clause of the United States Constitution; and
WHEREAS, Orange County is dedicated to assuring that the principles of equality, nondiscrimination and full
inclusion and engagement extend to all residents,and that no persons are denied their civil or human rights;
NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners urges the North
Carolina General Assembly to repeal House Bill 2 [HB2] at the earliest opportunity; and
BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners reaffirms its duty to protect
and advance the constitutional rights and equitable treatment of all residents of Orange County; and
BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners authorizes the County
Attorney to support, join and/or initiate litigation seeking to challenge and overturn the provisions of HB2;
and
BE IT MOREOVER RESOLVED, that the Orange County Board of Commissioners asks the Orange County
Clerk to send copies of this resolution to the members of the Orange County delegation of the General
Assembly and to the North Carolina Association of County Commissioners.
This the 19th day of April, 2016.
Earl McKee, Chair
Orange County Board of Commissioners