Anti-bias law supporters rally

Eureka group organizes to back ordinance in May vote

EUREKA SPRINGS — The anti-discrimination battle in this tourist town isn’t a God versus gays issue, Jayme Brandt told a crowd of about 200 gathered Wednesday night at KJ’s Caribe Restaurante.

The issue is freedom from discrimination, he said.

“If you are not free, I am not free,” said Brandt. “And I say that as a Christian.”

The comment drew loud and prolonged applause.

Brandt, who owns a store called Twice Born in Eureka Springs, was the last speaker at an organizing rally for a group that supports the city’s anti-discrimination law.

Ordinance 2223 prohibits discrimination against people based on “real or perceived” sexual orientation, gender identity, gender expression or socioeconomic background.

The ordinance was passed by the City Council on Feb. 9. An opposition group called Repeal 2223 immediately started a petition drive to call for a citywide referendum, so the council pre-emptively set an election on the issue for May 12.

Eureka Springs is the only city in Arkansas with such a law. The city also has a separate ordinance banning discrimination against city employees, which is similar to recent ordinances passed by Conway and North Little Rock.

Wednesday’s meeting had been scheduled for weeks. It was postponed last week because of snow.

On Friday, about 45 people opposed to Ordinance 2223 met at First Christian Church, just outside the Eureka Springs city limits.

That meeting was called the previous day by Randall Christy, chief executive officer of the Great Passion Play and president of The Gospel Station Network of Ada, Okla.

In an email to area Christians, Christy described it as a “take back this city” meeting.

At the beginning of Friday’s meeting, Christy said he’s against discrimination, but he said Eureka Springs’ ordinance is a bad law that needs to be repealed. Among other things, Christy said churches and “people who exercise religious ceremonies” should be exempt.

Under Ordinance 2223, religious organizations can refuse to perform ceremonies in their chapels or sanctuaries, said Carroll County Justice of the Peace Lamont Richie, who drafted the ordinance using one from Fayetteville as a template.

On Monday, state Rep. Kim Hammer, R-Benton, filed House Bill 1879, which would amend Arkansas law to add: “When a marriage violates the religious beliefs of a private business, a person authorized to solemnize marriages, or a religious institution, the person, business, or institution may choose to not provide services to the couple.”

Hammer’s bill has been referred to the House Judiciary Committee, which is scheduled to meet today.

At Friday’s meeting, Christy announced that the Eureka Springs Christian Alliance was being formed. According to a form handed out to potential members, the alliance intends to “be actively involved in political and promotional activities and/or elected offices that affect the Eureka Springs area.” Only about five people who attended that meeting said they lived within the city limits of Eureka Springs.

The dispute over Ordinance 2223 has caused a shake-up at the Eureka Springs Chamber of Commerce.

Mike Bishop was fired March 2 from his job as the chamber president and chief executive officer after he sent out a “position statement” opposing Ordinance 2223.

Chamber board Chairman Allen Huffman also resigned about the same time.

And Sandy Martin, a member of the chamber board, said she quit the chamber over the position statement.

In the position statement, Bishop said the public wasn’t given a chance to weigh in on the ordinance before it was passed in three consecutive readings at one City Council meeting. The ordinance was added to the agenda after the Feb. 9 meeting started. Bishop wrote that the ordinance left too many unknowns for the business community.

The council rushed the ordinance through three readings at a Feb. 9 meeting — passing it unanimously each time — so it would become law before Senate Bill 202, which prevents Arkansas cities and counties from enacting or enforcing such ordinances.

SB202 was approved by the state Legislature and is now Act 137 of 2015. It will go into effect 90 days after the current legislative session ends.

Until then, Eureka Springs’ Ordinance 2223 is city law, said Mayor Robert “Butch” Berry.

“It will stay on the books, so when the courts rule that SB202 is unconstitutional, it will still be in effect,” Berry said.

Berry spoke at the organizational meeting Wednesday for the group that was calling itself “For 2223.”

When he pulled up to the restaurant about 6 p.m., Berry said it almost brought tears to his eyes when he saw how many vehicles were parked around the building.

Berry said Ordinance 2223 was about equality, fairness and civil rights for everybody. He said it’s already been through the City Council and will pass in a citywide vote on May 12.

“We do need to stay on the high road and do the next right thing,” Berry said. “And this is the next right thing. It’s equality. We’ve already been through this once, and we’re going to do it again, and we’re going to win.”

A similar ordinance was passed by Fayetteville’s City Council last year, but it was repealed in a citywide vote Dec. 9 after the Fayetteville Chamber of Commerce waged a vigorous campaign against it.