First Draft of Lower Merion's LGBT Anti-Discrimination Law Now Available for Public Review

As predicted by LGBT rights advocates, Lower Merion completed the first step toward codifying new rights for lesbian, gay, bisexual and transgendered individuals Friday night.

The first draft of an ordinance designed to prevent discrimination within Lower Merion Township based on sexual orientation, gendery identiy and gender expression was released by the township for public review on Sept. 10 at 5 p.m.

The draft ordinance – accompanying this article – will be reviewed by the Board of Commissioners at the Administrative and Human Resources Committee meeting on Wednesday, Sept. 15 at approximately 6:15 p.m – agenda posted online.

An in-depth look at the proposals in the draft can be found in previous coverage on Patch.

The major points of interest of the first draft include the following:

• Formation of a 3-5 person, volunteer Human Relations Committee to hear potential cases of discrimination and adjudicate disputes
• Ban discrimination in the areas of commercial property, employment, housing accommodations and public accommodations (goods and services, loans, etc) based on self or other perceived sexual orientation, gender identity or gender expression
• Include exemptions for renting of any personal residences and for religious corporations or associations
• Penalties include $100 - $1,000 for inhibiting adjudication process, no civil penalties or awarding of attorney fees may be incurred by guilty party, a cease and desist order may be filed
• Cost of the new ordinance would be limited to attorney fees paid to the Township Solicitor and staff for hours spent representing the commission in public hearings

The procedure for resolving disputes is split into two distinct phases. After a complaint is filed, the Human Relations Committee would invite the two parties to participate in private, voluntary mediation sessions with a mediator of their choosing. If mediation is refused or unsuccessful, the Human Relations Commission would have the option to begin the second phase, called "expanded procedures."

In the expanded procedures, the commission would have the power to subpoena individuals involved with the dispute for an investigation. After the fact finding, the commission would make an attempt at conciliation through persuasion if the accused party is found guilty of discrimination, or dismiss the case if the party is found innocent.

If conciliation is not reached, the commission would have the option of holding a public hearing, gathering testimony, and issuing a cease and desist order for the practice of discrimination. Offended parties would also have the right to sue in court – currently not an option because of the lack of LGBT anti-discrimination laws statewide.

The commissioners will debate the draft ordinance, and eventually make a decision whether to revise, pass or table indefinitely the new law. Opportunities for public comment will be available at the Wednesday meeting.