Anti-Discrimination Ordinances Yield Little to No Cases in Other Cities

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Date: April 28, 2021

The Augusta Commission is meeting Thursday morning to look over a draft of the proposed anti-discrimination ordinance Mayor Hardie Davis is recommending. Right now, at least seven other Georgia cities have such an ordinance in effect.

Those cities are Decatur, Doraville, Chamblee, Savannah, Brookhaven, Dunwoody and Atlanta. Five of those cities– Doraville, Chamblee, Savannah, Brookhaven and Dunwoody– report they have had no complaints of discrimination under the guidelines of the ordinance.

MORE: Augusta Commission To Consider Discrimination Ordinance

In Brookhaven, for example, Councilmember Linley Jones said the point of the ordinance was not to catch and punish offenders. She said the purpose was to make the city’s position clear.

“I deemed our ordinance important and necessary because of the shortcomings in other available legal protections and to ensure that our city’s position was known to all who live, visit or do business in Brookhaven,” said Jones. “In Brookhaven, all are welcome… and protected!”

Doraville Councilmember Stephe Koontz helped draft the ordinance there. Koontz, who is openly transgender, said before this ordinance filing that a federal lawsuit was the only avenue for people who believed they were discriminated against. She cited an incident that happened a year before the ordinance. “A cook at a Waffle House told a Latino couple to leave and said ‘I’m not going to cook for drug dealers and rapists.’” Koontz said the employee was fired the next day but at the time, the couple had no recourse but to file in federal court.

Koontz said an important part of their ordinance is the option to request mediation, rather than immediately file a lawsuit.

“The real reason for this is to deter this so businesses know that it’s not just open season for discrimination against anybody,” Koontz said.

Chamblee Councilmember Brian Mock echoed many of the same sentiments. Mock, who is openly gay, helped draft the ordinance that he said passed unanimously. “At the time, in cities nationwide, LGBTQ community members were being denied services based solely on their sexual orientation. We wanted to make it very clear that this would not be tolerated in Chamblee.”

He is not surprised that no complaints have been filed and hopes there never will be. Like Doraville and Brookhaven, this is an option other than federal court for people to pursue a discrimination complaint.

“A big component of our ordinance is mediation. Bring the business and the customer both to the table and try to work through any misunderstandings. That’s mighty important,” said Mock.

In Dunwoody, it started with a tweet in 2019. Councilmember Pam Tallmadge said, “A Dunwoody resident (who happens to live in my neighborhood) sent out a tweet asking if Dunwoody was going to do this, and John (Councilmember John Heneghan) and I saw it. We realized that GA was a state without a law and it was up to each individual city to pass a hate-crime ordinance.” She said they looked at ordinances in Chamblee and Doraville and used them to model one for Dunwoody.

Heneghan, in a blog he wrote prior to the ordinance being adopted, pointed out the process includes mediation with the right to file a lawsuit in DeKalb County Superior Court if either side is dissatisfied with the outcome.

Tallmadge said the ordinance was absolutely worth the time and is proud there have been no complaints.

“Discrimination and hate will not be tolerated. We have a diverse community that demonstrates acceptance and welcoming open arms towards all,” Tallmadge said.

MORE: Sylvia Cooper on Davis’ Discrimination Ordinance

Councilmembers in Savannah have not responded to a request for comments.

Augusta District 8 Commissioner Brandon Garrett said he is, “Looking forward to the chance to review the draft in the Thursday workshop.”

As the Augusta Commission prepares for its Thursday morning meeting, Doraville’s Councilmember Koontz had a suggestion: “Just use ours.”

Dana Lynn McIntyre is a Staff Reporter with The Augusta Press. You can reach her at dana@theaugustapress.com.

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The Author

Dana Lynn McIntyre is an award-winning reporter who began working in radio news in her hometown of Johnstown, Pennsylvania. She also worked as a television news photographer for a station in Altoona, Pennsylvania. Dana moved to Savannah, Ga. in 1984 to join the news team at WIXV-FM/I95 Radio. In early 1986, WBBQ Radio in Augusta invited her to interview for a position with the news department. Within three weeks, Dana was living in Olde Town and working at a legendary radio station. Dana left WBBQ in 1996 to join WJBF NewsChannel 6 as assignment manager. In 1998 she became a reporter/anchor covering law enforcement, crime and courts as well as witnessing two executions, one in Georgia, the other in South Carolina. She also spent time as an assignment manager-editor in Atlanta, metro New York City, and back in Augusta at WRDW Television. Dana joined The Augusta Press team in April 2021. Among Dana’s awards from the Georgia Associated Press Broadcasters Association are for Excellence in General Assignment Reporting, Spot News and Specialized Reporting. Dana also received an award for Public Service Reporting from the West Augusta Rotary Club for a story with actor LeVar Burton on his PBS Television show “Reading Rainbow."

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