Has anyone actually read Gainesville Charter Amendment 1? Or more importantly, has anyone actually read the ordinance that it will affect?
Yes, the amendment will remove language explicitly prohibiting discrimination based on sexual orientation and gender identity. This essentially amounts to repealing the changes passed to the Gainesville Ordinance No. 051225 on Jan. 28, 2008.
In other words, the amendment will make Gainesville discrimination laws the same as everywhere else in Alachua County.
Anti-discrimination laws are a good thing, and most people, including the drafters of the amendment, agree that businesses should not discriminate based on gender identity. Unfortunately, the language of the ordinance is so broad that it would constitute an unjust encroachment into the rights of private business.
The amendments passed in 2008 do not simply add gender identity to a list of prohibited reasons for discrimination. They also added a large section ( Section 8-69 (c) ) that concern "shared facilities" such as restrooms and locker rooms.
A business cannot deny use of such a facility on the basis of gender identity unless the business provides "adequate facilities" to accommodate the person's gender identity. The ordinance then goes on to define unisex restrooms as an "adequate facility."
In other words, businesses may be forced to build expensive new facilities in addition to existing men's and women's rooms. This is an unfair and economically unfeasible assault on local businesses.
The definition of gender identity is also disturbing. Anyone who professes to be either gender "by verbal statement" will be legally entitled to use the restroom of his or her choice.
While there are some transgendered people this would benefit, there are many people who would be made uncomfortable at the thought of anyone being able to enter a ladies' room. This would hurt businesses within the city limits.
Amendment 1 is not about legalizing "discrimination based on… sexual identity," as the Alligator reported on Monday. First off, it's "gender identity."
If businesses want to discriminate, they can easily move a few miles outside of the city limits. Many local businesses are already outside the city limits and thus it is "legal" to discriminate.
Of course, the overwhelming majority of these businesses don't discriminate on sexual orientation or gender identity. If this happened, there would be pages of discrimination claims filling the pages of this newspaper. Notice their absence.
I fully support laws which ban discrimination based on sexual orientation and gender identity, but the Gainesville city ordinance goes beyond that to harm our local businesses in order to appear progressive. I say "appear" progressive because the city actually exempts itself from the ordinance.
Vote for Amendment 1 on March 24.
Johnathan Lott is a political science and economics sophomore. His column appears on Thursdays.
