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In the final days of
September, Mayor Anthony M. Masiello signed into law an amendment to the
City of Buffalo’s Anti-Bias Ordinance. Thanks to the amendment, passed by
a Common Council vote of 12-1 earlier in the month, “gender identity and
expression” has been added to a list of protected classes which already
included: race, creed, color, national origin, sex, disability, age and
sexual orientation.
The Anti-Bias Ordinance
is a 1999 law which created a private cause of action for any person who
is injured, killed or suffers property damage because of intentional
discriminatory acts. Under the statute, a person may file suit against
the person or persons who, for reasons of discrimination, caused the
injury. The law permits courts to award injunctive relief (such as orders
to end the discriminatory act), monetary damages, and “other appropriate
relief.” The ordinance also permits a court to award reasonable
attorney’s fees to a prevailing plaintiff.
While the ordinance is
a clear expression of the City’s public policy against discrimination, it
sets a very high bar by requiring a victim to prove that the damage,
injury or death was caused “with the intent to deprive…[individuals] of
their civil rights.” Perhaps due to this high threshold, there have been
no known actions brought under the ordinance in the three years since its
passage.
Additionally, while the
ordinance expansively defines the term “civil rights” to in include free
enjoyment of employment, education, housing, public accommodations and
services, denials of civil rights are not themselves actionable under the
statute. Instead, the only persons liable under the ordinance must “cause
property damage, physical injury or death” because of a proven “intent to
deprive an individual or group…of their civil rights…”.
The Mayor and a
majority of Councilmembers have taken an important symbolic stand against
discrimination—which should rightly be celebrated. HOME is hopeful that
City elected officials will be open to considering further amendments
which would make the “exercise of civil rights” possible for a larger
segment of Buffalo’s population. |
