Whitefish considers non-discrimination ordinance

A pair of Montana human rights groups are encouraging Whitefish to pass a law that protects residents and visitors from discrimination based on sexual orientation and gender identity.

The Montana Human Rights Network and the American Civil Liberties Union of Montana are requesting Whitefish City Council pass a non-discrimination ordinance that protects lesbian, gay, bisexual and transgender people from discrimination in housing, employment and public accommodations.

The groups contend that under state law, LGBT people can be fired from their job or denied housing or accommodations without recourse.

“Part of the role of government is to make sure all its citizens and visitors are treated with dignity and respect,” said Niki Zupanic, Public Policy Director at the ACLU of Montana. “The Whitefish City Council could help make that a reality for more people by passing a local LGBT non-discrimination ordinance.”

Council is set to discuss the issue at its Jan. 5 meeting at 7:10 p.m. at City Hall.

City Manager Chuck Stearns said consideration of an ordinance would have to be on a future agenda, which would also include a public hearing.

In early December, city council unanimously approved a community values resolution in response to a Nov. 17 rally organized by Love Lives Here, a pro-tolerance group that is an affiliate of the Montana Human Rights Network. The group asked the city to create legislation prohibiting hate organizations from doing businesses or having offices in Whitefish, and specifically pointed to Whitefish resident Richard Spencer, who is president of the National Policy Institute.

Council stopped short of passing a “no-hate” ordinance, citing concerns with First Amendment rights to free speech.

Instead, council approved a resolution that declares the city’s intention “to take a stance in support of diversity, inclusion, free speech, and freedom of assembly for all inhabitants and visitors; and condemn ideologies, philosophies and movements that deny a quality of human rights and opportunities and challenge our constitutional freedoms granted by the United States and the state of Montana.”

Susan Seaman told the city that while she applauds the community values resolution, it falls short of an enforceable law.

“It is time to offer protection under the law for people in the LGBTQ community so that they no longer need to be afraid of losing their job or their place of residence because of discrimination,” she wrote in a letter to city council.

Seaman was one of 30 people to write council regarding a non-discrimination ordinance, with most in favor of such a law.

Will Randall said it was time to send a message that Whitefish values fairness, dignity and equality.

“I am so proud of the community’s recent response to bigotry and intolerance, and the obvious next step is to take action to protect our LGBT friends, family and visitors from discrimination,” Randall wrote.

A few wrote in opposition saying such a non-discrimination law would go against their values.

Deanna Kotila asked the city to stand pat with its resolution.

“May I kindly request that you maintain your position to keep the resolution regarding non-discrimination and not give in to pressure to make it an ordinance by putting it on the next council agenda?” wrote Deanna Kotila. “Having been raised in Montana, I continually find it frustrating that people move here because it’s different and then want to make it like everywhere else.”

A handful of Montana cities have passed non-discrimination laws based on sexual orientation and gender identity.

Missoula first adopted a non-discrimination law in April of 2010. Helena adopted a similar law in 2012, and Butte followed suit in February of this year.

Bozeman adopted a non-discrimination ordinance in June, but five Bozeman residents have challenged the law with a lawsuit against the city. They say the ordinance goes beyond the city’s authority and preempts state law.

The city of Dillon rejected a similar non-discrimination ordinance in September, saying the law overstepped city authority. Billings also rejected a non-discrimination ordinance in August.