Dozens of citizens took over the call-to-the-public portion of last week’s Town Council meeting in an effort to persuade members to consider anti-discrimination rules for Fountain Hills.

Although those speaking to the council remained non-specific in their request, citing as the goal equality based on race, color, religion, gender, national origin, sexual orientation, age or disability, The Times in recent weeks has received letters stating the council would be asked specifically to address protections for lesbian, gay, bisexual and transgender individuals with regard to housing, employment, etc.

Town Clerk Bev Bender reported receiving 40 comment cards at the meeting in support of such a measure, while about a dozen took time to speak directly to the council.

Call to the public is reserved for residents who wish to speak to the council, but no action can be taken on such items because they are not on the agenda.

The council does reserve a spot on the agenda for discussion of items requested for future meetings. In this instance, Councilwoman Ginny Dickey had asked that the council consider the non-discrimination item for a future date.

Although the council seemed uncertain of a direction it eventually voted 5-2 to approve a motion by Councilman Henry Leger to consider an ordinance, pledge or statement to take a stand on discrimination.

Dickey made the original motion to place consideration of a non-discrimination policy on a future Council agenda. It was seconded by Councilwoman Cassie Hansen and Councilman Tait Elkie amended it by trying to narrow the objective to a pledge, which failed. That led to Leger’s motion.

Dickey said the initial requests to address non-discrimination first came in February when the state was embroiled in the SB 1062 debate and ultimately vetoed by Governor Jan Brewer.

Senate Bill 1062 was designed to protect businesses from lawsuits if they refused to provide services to gay or lesbian couples.

“The local, municipal level is the appropriate place to enact non-discrimination,” Dickey added.

“While the federal government provides some protections against unfair treatment of certain classes, Constitutional attorneys agreed during the SB 1062 discussions that even those could arguably be in jeopardy.

“It is also clear that the State of Arizona will not be inclined to expand or enhance equal rights in the near future.”

Capability

Councilman Dennis Brown said he is not so sure Fountain Hills can handle such an ordinance.

“Does the Town of Fountain Hills have the resources to effectively administer such a policy?” Brown asked, “I don’t believe so.

“Fountain Hills has always been an open, welcoming community. I don’t believe we are ready for this.”

Leger said it should be noted that the town spelled out very specific non-discrimination rules in town policy approved in August 2013.

That policy applies specifically to what the town personnel issues. It does not protect any citizens from discrimination related to interactions with businesses or people.

Leger also agreed with Brown that the town may not have the staff available to administer and enforce such a policy.

While it was brought up that four other communities in the state -- Flagstaff, Phoenix, Tempe and Tucson -- all have policies in place, it was noted that these are all much larger communities than Fountain Hills with greater resources.

In Tempe complaints are handled through a Diversity Office established to investigate such cases. It deals with complaints relative to employment, housing and public accommodation and includes a broad range of discriminatory practices.

Vice Mayor Cecil Yates noted that the department was established after the Tempe non-discrimination law was approved. Yates said he does not believe Fountain Hills is in a position to administer such a regulation.

Leger said he would consider something that demonstrates a commitment to non-discrimination by the town, but only within the scope of what the town is capable of effectively implementing.

Public comment

Among the residents speaking was Sherman Abrahamson, who said a non-discrimination policy is a step the town can take to attract more people to town using it as an economic development factor.

Nelson Mendoza, director of public affairs for One Community based in Phoenix, which represents the LGBT community, said his group is dedicated to a public proclamation of equality for all Arizona.

He said they could offer assistance in developing and implementing a policy.

“It is good for business, good for economic development and good for tourism,” Mendoza said.

Pastor David Felten of The Fountains, a United Methodist Church, said that protecting equality is more than a civic responsibility, but one churches take seriously.

“It is making sure all are treated with respect, especially those who are not part of a majority,” Felten said.

He also took time to introduce a couple he described as “celebrities,” Nelda Majors and Karen Bailey. Felten noted their recent marriage, the first in the county, after a court overturned Arizona’s same sex marriage ban. They are the couple who filed suit to challenge that ban in court.

Majors and Bailey are also members of The Fountains UMC, according to Felten.

Others commented that they believe it is important that the community demonstrate its commitment to fundamental values and equality for all.

Carol Comito presented the council with a petition with an additional 134 signatures supporting the discussion and seeking a local non-discrimination ordinance.

There has been no indication when the item will be back before the council for further discussion and consideration.