Gotham Gazette -
http://www.gothamgazette.com/article/civilrights/20050916/3/1579
Human Rights Law: Will It Become An Issue In The Mayoral Campaign?
by Andy Humm
16 Sep 2005
The most
comprehensive strengthening of the city’s human rights law in 14 years
was
passed overwhelmingly on September 15, but Mayor Michael Bloomberg
-- who opposed the bill in public hearings -- is not saying whether he
will sign it or not.
“This bill broadens
the scope of the city’s human rights law, and adds protections for
people who may currently be slipping through the cracks: couples who
have entered into domestic partnerships and people who have experienced
retaliation for reporting violations of the human rights law,” said
Councilmember Gale Brewer, the chief sponsor of the legislation,
The Local Civil Rights Restoration Act, Intro 22-A. “Perhaps more
importantly, it clearly acknowledges that the city’s law often provides
more protection than state and federal law." The bill would require the
application of the stricter standards of city law when someone is
discriminated against illegally in New York City.
"Intro 22-A sets the
city human rights law free from being treated as nothing more than a
carbon copy of its ever-narrowing state and federal counterparts," said
Craig Gurian, a former staff member of the city's Human Rights
Commission who is now executive director of the Anti-Discrimination
Center of Metro New York.
The vacancies on the
United States Supreme Court were much on the mind of the bill’s
sponsors. "Years of Republican administrations have taken their toll on
state and federal laws designed to protect people from discrimination,"
said Councilmember Bill DeBlasio. "We have every reason to believe that
the assault on civil rights will continue as President Bush continues to
appoint conservatives to the federal bench.”
Almost a month ago,
Avery Mehlman, the Human Rights Commission’s Deputy Commissioner for Law
Enforcement, said they were “reviewing the latest form” of the
legislation to see if it is acceptable to the Bloomberg administration.
When the bill passed, he referred comment to the mayor’s press office
where Jordan Barowitz, a spokesman for Bloomberg, said, “We’re still
reviewing it.” The mayor had 30 days to review after the bill's passage.
The timing is such
that this legislation could become an issue in the mayoral campaign.
Fernando Ferrer “strongly supports it,” according to his press office.
"The Civil Rights Restoration Act is an important step towards ensuring
that the civil rights of New Yorkers are construed by courts in the
broadest possible terms," Ferrer said in a statement. "Equally
important, we must ensure that we both strengthen the protections
against retaliation for those who bring discrimination suits and
increase the potential penalties on those who violate the law. Finally,
I believe that it is simply the right thing to do to make clear that
discrimination against domestic partners will not be tolerated in this
city."
Ali Davis,
legislative director for Brewer, said that the revised bill “came out of
negotiations with the mayor’s office.” If Bloomberg does decide to
reject the bill, she said, “the Council is willing to pass it over his
veto."
Human Rights
Commissioner Patricia Gatling testified against many of the key
provisions of the legislation in April. When I wrote extensively about
the bill in June, the administration was outright opposing it,
though the administration does support a clause forbidding
discrimination on the basis of “partnership status,” a compromise
provision.
“This legislation
poses a simple choice for the mayor," says Craig Gurian. "Align himself
with progressive legislation supported by more than three dozen civil
rights organizations, or facilitate the anti-civil rights agenda of the
Bush and Pataki administrations. We hope the mayor abandons his
opposition to the bill.”
Intro 22-A was backed
by a coalition of more than 40 organizations, including the Asian
American Legal Defense and Education Fund, Disabled in Action, Habitat
for Humanity (New York chapter), Lambda Legal Defense, the New York
Civil Liberties Union, and the Puerto Rican Legal Defense and Education
Fund.