Discrimination discussed at forum

Ordinance creating new human relations commission up for more talks next week

Members of Lansdale and the surrounding community shared their thoughts and experiences — some good, some bad and some both — as they discussed whether to establish a local human relations commission for the town.

“These groups cannot get equal treatment, under the law, by themselves. We have to stand up for what we perceive as an injustice,” said Councilman Leon Angelichio.

In May, Angelichio first asked council to consider setting up a new, volunteer commission assigned to hear and rule on any complaints from anyone who experiences discrimination in the borough, whether a resident or visitor. The commission would be accompanied by a change to borough codes to include gender identity and LGBTQ status in a list of “protected classes” able to appeal any instance of alleged discrimination to the commission for mediation.

Angelichio and Borough Solicitor David Sander described the details, in a public forum attended by five other council members and roughly two dozen residents. While the commission would not be able to fine any entity found to be discriminating, it could provide mediation between both parties, or issue a ruling that either could then appeal into the court system.

“On page eight, it says ‘This ordinance extends the protections of the Pennsylvania Human Relations Act to include actual or perceived sexual orientation, gender identity, or gender expression.’

And that’s exactly what this ordinance does,” said Sander.

The ordinance would set up a volunteer five-member commission, with staggered three-year terms, who would be trained and educated on the appropriate state laws, and able to hear complaints filed with the borough manager when discrimination is alleged.

“That party is given the opportunity to file an answer, and to appear before the commission, and certainly represent itself. So the ordinance provides, in that sense, the due process that you’d want to see in an administrative proceeding such as this,” Sander said.

So far 49 municipalities in Pennsylvania, including 16 in Montgomery County, have passed similar ordinances, including the cities of Philadelphia, Pittsburgh, Harrisburg, York, Lancaster and Allentown, according to Sander and Angelichio.

“The human relations commission of Lansdale Borough does not have the authority to levy a penalty, or make a determination of responsibility, or violation of this ordinance. That must be done, ultimately, by the court of common pleas,” Sander said.

“The goal of the commission is to mediate these issues, to hear both sides, and

determine whether it can settle those issues for those persons who are affected,” he said.

Roughly half of the residents who attended shared their thoughts, and their experiences with varying forms of discrimination. Elliot Sadlon, who lives just outside Lansdale in Montgomery Township, said he organized an LGBTQ pride parade down Main Street last weekend that was received with mixed reactions.

“It was a good experience. We got to meet a lot of different neighbors from the borough, who shared their experiences of their own discrimination in town: of harassment, of vandalism, of being treated differently,” Sadlon said.

One bystander shouted a slur at the parade as it walked by, and Sadlon said he hoped that would serve as an example of why formal legal protections are needed.

“It’s sad and unfortunate that this animosity still exists, and what’s really unfortunate is that we have no safety net, no recourse, there to protect us,” he said.

“To do that now, to show that Lansdale is saying ‘Yes, we want you here,’ I think is a huge first step. And so I totally support you guys in doing this. Thank you, even for just considering it, and I hope you push it through,” Sadlon said.

Anwar Muhammad, owner of the Black Reserve

Bookstore, said he has hosted a series of public meetings to air out any issues of discrimination, whether by race or orientation or anything else, and finds discrimination happening every day.

“There are too many stories right now — not ten years ago, 30 year sago, but now — that these things are happening. These are people being injured, physically, emotionally, mentally, and this is a way to stop it,” he said.

“To me, what this is doing is giving the voiceless a voice. It’s giving you backup. Because I’ve been in that room, by myself, dealt with abuse, and it’s not fun,” Muhammad said.

Having a formal, legal protection on the books could provide a needed reassurance to a community that currently does not have that, he said.

“A lot of times, it goes on deaf ears, and you feel by yourself. There are people in this room, I know personally, they’re dealing with things by themselves, and it’s insurmountable, and it seems like, ‘Oh my God, I don’t know what I’m going to do about this,’” Muhammad said.

“But now, this is a way of saying ‘No, you’re not alone. Let’s sit down at one table, and talk about it,’” he said.

Multiple residents asked if other categories such as one’s political affiliation could be added to the protections in the new code,

and Sander and Mayor Garry Herbert said that political views, at least, already have federal protections, and any business would likely want a free option before facing legal bills.

“I can’t think of a business in this world that would rather be sued, and go through all the legal fees, than go through a free mediation service,” Herbert said.

Resident Deb Kline said she thought the financial cost to the borough would be minimal, but the benefits could be massive, as new houses and apartments are built in a town looking for new residents and businesses.

“I think, as we look around, there’s plenty of new construction. If you’re looking to buy or rent a house, are you going to move into Lansdale, if they have this ordinance that you’re protected, or move to say North Wales, where you might not be protected?” she said.

North Wales resident Richard Buttacavoli said he spoke on behalf of the Montgomery County LGBTQ Business Council, which has already seen strong support from Lansdale, and could back that up with business interest if the commission is put in place.

“One thing this ordnance would do, would actually encourage other LGBTQ entrepreneurs to seek out Lansdale as a place to do business. They’ll feel

they’ll be protected, as well as their customers,” he said.

“I think it’s a good thing for business, to have this ordinance passed, to make Lansdale a welcoming community for people to shop in,” Buttacavoli said.

Resident Nancy Frei asked why the commission and ordinance were necessary, if the body would only be able to offer mediation and not set any penalties.

“If the two of you can’t solve it, how are you going to get the other party to come to this mediation group? They may not want to be bothered with it,” she said.

“You are 100 percent correct. The difference is that today, that person that feels they’ve been aggrieved, has no remedy of any kind,” said council President Denton Burnell.

“They could file a suit in our court of common pleas, but they don’t have any legal protections that the court can draw upon, to have any say or any feeling about that matter whatsoever,” he said.

If put in place, the new code would create and extend protections for those classes, while also establishing a path to resolve the difference amiably, he said.

“You are 100 percent correct that the other party can say ‘Whatever, I don’t care, that’s nice,’” Burnell said.

“Now, if this were to be the local law, that person could then say ‘OK, fine, you don’t want to mediate with me? I will sue you. I will

take my case to the court of common pleas, under the auspices of this ordinance,’ and they have standing now that they didn’t have before. That’s the difference,” he said.

Council’s administration and finance committee will continue talks on the proposed ordinance during their next meeting on July 3, and full council could discuss and adopt the code when it next meets on July 18, and Burnell and Angelichio encouraged all residents to return to share their thoughts.

“There will be at least two more public meetings, so thanks once again, stay involved, and thanks for coming out,” Burnell said.

Angelichio compared the push for LGBTQ equality today with prior movements for voting rights for women in the 1920s, and the civil rights movement for African-Americans in the 1950s, and said neither could have happened without the help of those who were not oppressed, but saw injustice and fought it.

“Women’s suffrage, and civil rights, are two turning points in American history. People stood up. Blacks fought hard for their civil rights. Women fought hard for the right to vote,” said Angelichio.

“But what you need to remember is: they did not fight alone. They fought with support from people who were not subjected to the injustices too,” he said.