Abington revisits its [failed] human relations ordinance

The Abington Public Affairs Committee revisited the issue of the Abington Township Human Relations Ordinance last week — an ordinance that the board of commissioners voted down 10-5 during a public hearing last month.

The failed ordinance would have prohibited “discrimination in access to employment, housing and commercial property, public education and public accommodations,” and would have provided protection to a broader range of classes, including the gay, lesbian and transgender community. The failed ordinance would have also established a township human relations commission.

Though there is no such ordinance currently on the table, the committee discussed a modified version of the failed ordinance that does not seek to establish a human relations commission.

Also, the modified version of the failed ordinance eliminates any mention of the mediation group "No Place for Hate" and lowers the penalties from $500 to $1,000, to $300 to $600 “for each event giving rise to a violation under this ordinance.”

“Right now, there’s nothing on the table,” Abington Board of Commissioners President Carol DiJoseph said at the Feb. 2 committee meeting. “I thought it was upon me to try to come up with something that would reflect what I believe every member of this board supports — and that is that we do not tolerate discrimination in this township.”

DiJoseph went on to say that the voting down of the ordinance Jan. 13 had more to do with the process and the language in the ordinance than the failed ordinance’s mission.  

“[The Jan. 13 meeting] was probably the worst meeting I’ve ever been to because I was very disheartened and hurt, actually, by the whole proceeding,” DiJoseph said.

Charles Nier, supervising attorney for the Philadelphia regional office of the Pennsylvania Human Relations Commission — the state’s civil rights agency, which he said is responsible for investigating and prosecuting cases of unlawful discrimination — spoke on the failed ordinance.

Nier said the Pennsylvania Human Relations Act “clearly contemplates” the establishment of local human rights commissions, and added that courts have said that municipalities have the authority to enact laws against discrimination greater than what is provided at the state level.

Nier also said that there are clear exemptions to the ordinance for religious organizations, and he added that he is not aware of any other municipality that has passed a similar ordinance without providing for a local human relations commission.

Nier, a former Abington resident, said that the language in the failed ordinance is consistent with local case law.

“[There was] recent litigation in Allentown challenging the ordinance saying that the local ordinance was preempted by state law,” Nier said. “The court said, ‘No, that’s not accurate.’ The [litigation] also challenged the change of protected classes — that was rejected too.”

DiJoseph asked Nier if the Pennsylvania Human Relations Commission would train township employees and volunteers on the nuances of discrimination cases.  Nier said the commission would provide discrimination training to members of the community whether the township adopted a human relations commission or not.

“The commission is happy to provide training, and does provide training on a regular basis and would be happy to train anyone in Abington,” Nier said.

Commissioner Les Benzak, sounding frustrated, said that other municipalities have passed similar ordinances without any problem.

“Unfortunately, this issue that we should all agree on — [that] nobody in Abington should be discriminated against in anyway — has become a political issue,” Benzak said. “This is not new. There are 18 other communities who have passed this [ordinance] already. It’s vetted, there’s a process, and there’s a system in place. Why do we think that we’re going to recreate the wheel and come up with a brand new plan that’s newer and better?”

DiJoseph said, “We do not tolerate discrimination, and for Commissioner Benzak to suggest that it’s political is really outrageous. I resent that, and that’s what I have to say at this point.”

Several residents spoke at the committee meeting; many of them said that they attended the Jan. 13 hearing and were disappointed with the outcome.

Commissioner Bill Lynott said he was saddened by the Jan. 13 meeting, as well.

“You must not lose respect for the rights of others to have different opinions,” Lynott said. “I saw that happen at the last meeting, and I was not happy about it. The impression was that whoever voted against [the ordinance] was a bigot. There are no bigots here, and Abington has been a leader in human rights for decades.”

Again, there is no human relations ordinance on the table. The full board meets Feb. 10; the next public affairs committee meeting is scheduled for March 2.