A Slap On The Wrist?

We had a small victory the other day; Fayetteville Arkansas passes the Uniform Civil Rights Protection Ordinance 5781 with a vote of 53 percent to 47 percent.

Fayetteville, Arkansas Voters Approve LGBT Protections
The Advocate
By Bil Browning
September 8, 2015

Once again, the residents of Fayetteville, Arkansas put civil rights protections for LGBT people to a vote. But unlike last December, supporters of nondiscrimination policies were victorious, according to the final tally.

“Today the people of Fayetteville voted for acceptance over fear and showed that cities can ensure religious freedom while protecting the rights of each and every citizen,"  the Northwest Arkansas Center for Equality said in a statement. "People from all walks of life chose to lead Fayetteville and Arkansas toward a more inclusive future. History will remember this as a proud moment when businesses, religious leaders and everyday citizens worked together to unite our community, grow our economy and finally move Fayetteville forward.

According to the final but unoffical results from the Washington County Election Commission, the result was 7,666 in favor, and 6,860 against, or 53 percent to 47 percent. The total vote was almost identical to the December vote, but with almost a 1,300-vote swing in preference. Turnout was also almost identical at 29 percent.

What does the ordinance cover? It covers employment, housing, and public accommodation discrimination. However according to the Arkansas Blog,

The ordinance was toned down, with more religious exceptions and a mediation process for complaints that would lead, at most, to small fines for an offense not even considered a misdemeanor. The Fayetteville Chamber of Commerce, a leading opponent of the first ordinance, got on board this time.

What is the maximum fine they can levy? It is only a hundred dollars. Not much of a deterrent for discrimination and furthermore it may not even be legal, the Arkansas Attorney General is reported on Channel 5 News as saying the ordnance is illegal,

Arkansas AG Opinion: Civil Rights Ordinances Not EnforceableBy Zuzanna Sitek and Dillon Thomas,
September 1, 2015

LITTLE ROCK (KFSM) -- Arkansas Attorney General Leslie Rutledge issued an opinion Tuesday (Sept. 1) stating civil rights ordinances passed by any county, municipality or other political subdivision in the state are not enforceable under the Intrastate Commerce Act, known as Act 137.

Rutledge issued the opinion in response to a request from Rep. Bob Ballinger, R-District 97, as to the meaning and application of the Intrastate Commerce Act in respect to ordinances that were either passed or are up for a vote in Little Rock, Fayetteville, Hot Springs, Eureka Springs and Pulaski County.
[…]
The Intrastate Commerce Act "renders unenforceable any ordinance that prohibits discrimination on a basis not already contained in state law. Because current state law does not prohibit discrimination on the basis of sexual orientation or gender identity, it is my opinion that Act 137 renders the five ordinances unenforceable in this respect."

Passing this ordinance shows that Fayetteville does not approve of discrimination and is an important victory even through it is watered downed because it shows that people do care about equality.