Last month the Texas Supreme Court suspended the Houston Equal Rights Ordinance, more commonly known as HERO, and ordered City Council to either repeal the non-discrimination measure or put it up for a public vote.
On Wednesday council voted 12-5 for the latter, and in November Houston voters will be asked this question at the polls:
“Shall the City of Houston repeal the Houston Equal Rights Ordinance, Ord. No. 2014-530 which prohibits discrimination in city employment and city services, city contracts, public accommodations, private employment, and housing based on an individual’s sex, race, color, ethnicity, national origin, age, familial status, marital status, military status, religion, disability, sexual orientation, genetic information gender identity or pregnancy?”
That question, according to the coalition of pastors and conservative activists that have been fighting HERO tooth-and-nail since it went before council last spring (even though religious groups are exempt from having to follow the law), is deliberately confusing and not the same as a public vote on HERO. On Friday, Andy Taylor, one of the attorneys who first sued the city over HERO alongside Steve “Men Who Lose Their Testicles Can’t Read Maps” Hotze (who later dropped out of the suit), filed yet another legal challenge against the city in hopes of changing the wording of the ballot measure.
In a motion filed with the state supreme court Friday, Taylor points to the city charter language related to ballot referendums: “…such ordinance or resolution shall not take effect unless a majority of the qualified voters voting thereon at such election shall vote in favor thereof.”
That’s the legal basis for Taylor’s petition to change the ballot language – that voters should vote “yes” or “no” on HERO, not “yes” or “no” on whether to keep it.
Ultimately, it appears the anti-HERO coalition fears the ballot language could harm their chances of success at the polls. “This is a legal recipe for an electoral disaster,” Taylor writes. “Voters will be confused, because someone who is against the proposition cannot vote against, and vice-versa.”
It’s unclear why Taylor and his coalition still feel they haven’t won the HERO-ballot battle and keep heading to the courts. The public now has the opportunity to cast a vote on other people’s rights, which is what Taylor and other opponents have wanted all along. Is the current ballot language (do you or do you not think HERO should stand?) really so confusing as to spoil the anti-LGBT contingent’s chances at the polls?
Mayor Parker’s statement is here. I’m convinced that the only language that would be acceptable to Taylor and his band of idiots is “Do you or do you not want to protect your children from a bunch of filthy perverts?” But hey, maybe they’ll get the Supreme Court to save their sorry asses again.
In the meantime, while we wait for that foolishness to be adjudicated, there’s this:
Boosters of big sporting events in Houston are nervous about the fight over the equal rights ordinance.
Opponents of the ordinance have succeeded in putting the issue on the November ballot. Now, some HERO supporters are calling upon the NFL to move the 2017 Super Bowl out of Houston if the ordinance is repealed. The online petition was launched by a blogger and it has dozens of signatures.
“Well, I think if Houston is ever perceived as an intolerant, bigoted place, it will greatly diminish our opportunities to bring sporting events to town,” admitted Sports Authority Chairman J. Kent Friedman.
Houston’s Super Bowl Committee had no comment.
The NFL reportedly considered moving a Super Bowl out of Arizona over legislation that would’ve offered legal protections to businesses that discriminated against gays. That never happened, because the governor vetoed the bill.
HERO opponents say it’ll never happen here either.
“That’s simply a red herring. That’s simply what they tried to do in Indiana and Arkansas and the Religious Freedom Restoration Act,” said ordinance opponent Jared Woodfill. “It basically shows that they are going to do anything and everything they can to skew the issue.”
“I think it’s a real threat,” said KHOU 11 Political Analyst Bob Stein. “Now, how it plays with the voters is very interesting. It could conceivably become one in which voters have a backlash against it, see it as a — how can I say this? — a threat.”
Via PDiddie, the blogger in question. The petition is here, and it surely can’t hurt to sign it. How likely it is that the NFL might actually move a Super Bowl that would be 14 months out at the time of the vote if it goes badly I couldn’t say, but it would certainly make it a lot harder, if not downright impossible, for Houston to win bids on other big events, and I would predict with absolute certainty that some events that are currently on the calendar would be canceled, just as they were in Indiana after they passed that ill-advised “religious freedom” law. There’s a good reason why the Greater Houston Partnership supports HERO – this is the norm in the business world, and it’s a base condition for companies that want to recruit top talent. Anyone who thinks repealing HERO would not have negative repercussions is not living in the real world. You can like HERO or not, you can like the way Mayor Parker got it passed or not, and you can be like Dave Wilson and obsess all you want about the genitalia of every person who enters a women’s bathroom if you want, but the prevailing reaction to the loss of HERO will not be good for Houston. Texas Leftist has more.