Friday, October 26, 2012

Boca Bigots refuse to sign contract over nondiscrimination provision

Boca balks at county's anti-discrimination language

Dispute holds up deal for handling hazardous waste

By Andy Reid and Anne Geggis, Sun Sentinel
September 25, 2012
  
A contract dispute has turned into a transgender civil rights standoff between the city of Boca Raton and Palm Beach County government.
That leaves a countywide hazardous materials response plan in limbo as the city and county differ over how far to take anti-discrimination protections.


The city objects to the county's anti-discrimination requirements included in a proposed agreement that would pay the city about $235,000 to handle emergency response to hazardous materials found in Boca Raton and nearby areas.

The county includes protections for "gender identity or expression" among its anti-discrimination standards for those that want to do business with county government. The city has anti-discrimination standards of its own, but doesn't include "gender identity or expression."

Aside from the funding at stake, the dispute is really a "civil rights" issue, Commission Chairwoman Shelley Vana said Tuesday.

"As a county we have stood for equal opportunities for everybody and that means everybody," Vana said.

If the city refuses to sign onto the deal — and the anti-discrimination standards that come with it — then the city loses out on about $235,000 to help pay for hazardous material response in 2013.

As result, the county might have to send its own Fire-Rescue crews or rely on those from Delray Beach to handle hazardous material calls that would otherwise be Boca Raton's responsibility.

Mike Woika, Boca Raton's assistant city manager, said that the city's anti-discrimination policy reflects state and federal requirements — and that the city passed an ordinance in January 2011 affirming that it won't use county's more expansive anti-discrimination language.

Boca Raton agrees that regionalizing a response to a hazardous materials event as a good thing, Woika said. The city just doesn't want to get drawn into an anti-discrimination policy that goes beyond state and federal requirements.

"We're willing to go forward, but we can't agree to things that are outside of our parameters," Woika said.

Boca Raton's stance on gender identity or expression is another example of how the city is "out of touch with reality," said Rand Hoch, president of the Palm Beach County Human Rights Council.

The purpose of getting the county to adopt anti-discrimination standards was to spread those standards to other entities that get public money, Hoch said.
"You want to do business with the county, you have to put in the contract that you don't discriminate," Hoch said.

The county since 1992 has had anti-discrimination requirements in place that forbid funding companies or other organizations that discriminate based on the county's list of standards.


The county in January added "gender identity or expression" and "familial status" to a list of anti-discrimination standards that also includes race, color, national origin, religion, ancestry, sex, age, marital status and disability.

The "gender identity or expression" change was meant to provide discrimination protection for transgender job-seekers, employees and potential contractors.

The countywide hazardous materials response program calls for the county to distribute money from the Solid Waste Authority to hazardous material response teams that include local fire-rescue departments such as Delray Beach and Boca Raton.

The County Commission approved the hazardous waste response deal with Boca Raton, contingent on the city signing off on the deal — including the anti-discrimination terms.
abreid@tribune.com, 561-228-5504 or Twitter@abreidnews



http://articles.sun-sentinel.com/2012-09-25/news/fl-transgender-dispute-boca-20120925_1_gender-identity-or-expression-discrimination-hazardous-materials

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