Daily Freeman (Kingston, NY)

Panel favors hearing on transgende­r law

If anti-discrimina­tion act is approved, violators could be fined $250 per offense

- By William J. Kemble news@freemanonl­ine.com

The Laws and Rules Committee of the Ulster County Legislatur­e has endorsed a resolution to schedule a July 11 public hearing on a proposed law that would prohibit discrimina­tion against people who want to use public accommodat­ions based on gender identity.

The unanimous vote came during a meeting Monday and was to be on the full Legislatur­e’s agenda Tuesday night. (Action at that meeting took place too late for inclusion in this story.)

Committee members noted Gov. Andrew Cuomo issued an executive order that covers discrimina­tion against someone who is transgende­r. But Legislator Jennifer Schwartz Berky, D-Kingston, said the governor’s directive does not provided not enough protection.

“Executive orders issued by the state governor are not the same as legislatio­n passed by the Legislatur­e,” she said. “They are subject to judicial review ... and they might be overturned.”

Berky added that people who consider themselves transgende­r are not covered by any laws that protect them from “workplace discrimina­tion, harassment and discrimina­tion at school, economic in-

security, housing discrimina­tion ... and health care discrimina­tion.”

The proposed county law defines a transgende­r person as someone “whose gender and selfimage does not fully accord with the legal sex assigned at birth” and says the intent of the legislatio­n is to encourage the “use of single-sex facilities, such as bathrooms, in a manner that is consistent with an individual’s gender regardless of sex assigned at birth, anatomy, medical history, appearance or the sex indicated on one’s identifica­tion.”

Several county lawmakers said they had no objections to scheduling the public hearing even though they did not necessaril­y support the proposed law.

“I, for one, would like to hear more about what’s going on in the community and why we need this law,” said Legislator Carl Belfiglio, R-Port Ewen.

The proposed law states there would be “full and equal accommodat­ions, advantages, facilities, services and privileges” at any “places of public accommodat­ions, resort or amusement.”

It adds that business owners and managers could not “directly or indirectly publish, circulate, issue, display, post or mail any written or printed communicat­ions, notice or advertisem­ent” stating that services will be withheld based on gender identity.

Complaints about discrimina­tion based on gender identity would be filed with the county Human Rights Commission, and a hearing would be conducted within 30 days. If the commission agrees there was a violation, the offender could be fined up to $250 per instance.

 ?? PROVIDED/FILE ?? Ulster County Legislator Jennifer Schwartz Berky, D-Kingston, says an executive order issued by New York Gov. Andrew Cuomo to protect transgende­r people from discrimina­tion doesn't go far enough.
PROVIDED/FILE Ulster County Legislator Jennifer Schwartz Berky, D-Kingston, says an executive order issued by New York Gov. Andrew Cuomo to protect transgende­r people from discrimina­tion doesn't go far enough.

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