By Jessica McCafferty, LGBT Equality Fellow
In the late hours of September 12th, 2013, the Idaho Falls city council joined six other city councils by passing a city wide nondiscrimination ordinance. However, the difference between other cities and Idaho Falls’ ordinance is stark- they passed an ordinance that fails to prohibit discrimination in public places. Employment and housing are protected areas, making the ordinance seem like a two legged stool to some residents. A business owner would not be able to fire an employee for being trans*gender, but the owner could decide to not serve customers who were.
Though the outcome was dissatisfying for those who were hoping for a comprehensive nondiscrimination ordinance, like those in other cities across the state, the community engagement was phenomenal. Prior to the council meeting, over 125 people showed up at a nearby church basement to dress in matching white t-shirts with two pieces of red duct tape across the front in an “equal” sign. They marched to the city annex en masse, and waited until the doors opened for seating, which for some meant over one hour.
The testimonies from both sides helped the meeting last until 12:30am , when the city council finally cast its votes. For an ordinance that included protections in employment, housing and public accommodations, the council voted 4-2 against. Then the ordinance without public accommodations included was brought to a vote. In a moment reminiscent to early council meetings in Pocatello, the city council voted 3-3, with the mayor having to break the tie. The mayor voted in favor of this ordinance, disappointing some, while relieving others. The council vowed to work to include public places in their ordinance when more time was spent working on language that would be specific and work for Idaho Falls. While many with hopes of adopting an ordinance similar to the other six in the state were disappointed, all were impressed with the fact that their city was talking about these issues.
The unifying at the council meeting, despite the outcome, spilled over into the events that constituted Idaho Falls’ first Pride celebration. Over 800 people marched in the parade on Saturday morning, celebrating diversity in many ways. They claim success for this year, and also insist they will continue growing in years to come.
Now 25% of the state’s population is covered by some form of nondiscrimination law protecting people from discrimination on the basis of sexual orientation and gender identity/expression.
If you feel your city needs a nondiscrimination ordinance, the ACLU of Idaho would like to help in any way the community sees fit. Please contact Jess McCafferty, LGBT Equality Fellow, at 208-344-9750 x1206 or jmccafferty@acluidaho.org.