Civil Rights Act of 1964

December 4, 2015December 4, 2015

Updated: Pawtucket City Councilor Mercer takes a walk on LGBT vote

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City Councilor Terrence Mercer missed three minutes of the September 23 Pawtucket City Council meeting. In doing so he avoided voting for (or against) a symbolic resolution in support of LGBT rights.

On the evening in question City Councilor Sandra Cano introduced a resolution endorsing the Equality Act, (HR 3185) a bill introduced by Representative David Cicilline in the US House of Representatives.

Cicilline’s bill “amends the Civil Rights Act of 1964 to include sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation in places of public accommodation.” Cano’s resolution, which passed the Pawtucket City Council unanimously, was a mostly symbolic gesture in support for Cicilline’s efforts, and Pawtucket was the first city council in the state to pass such a resolution.

But though the resolution passed with a 7-0 vote, there were actually eight city councilors in attendance at the council meeting that evening. One, Terrence Mercer, a Democrat, was present for every vote before and after Cano’s resolution, but can be seen in the video below getting up and leaving the council chambers when the resolution came up for discussion. He is back right after the resolution passes to vote on the rest of the evening’s agenda.

The minutes from the meeting read:

COUNCILOR MERCER LEAVES THE CHAMBERS AT 8:22 P.M.

THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Moran, Councilors Bray, Cano, Hodge, Rudd, Tetreault and Wildenhain.

NOES – 0.

588 RESOLUTION IN SUPPORT OF PASSAGE IN THE UNITED STATES CONGRESS OF HR-3185 ENTITLED THE EQUALITY ACT.

COUNCILOR MERCER RETURNS TO THE CHAMBERS AT 8:25 P.M.

In the video, one can see Mercer getting up and leaving the room as the issue comes up. After a short discussion, the vote is taken, with the secretary turning in surprise to notice that Mercer has left the room. Though we don’t see Mercer re-enter the city council chambers, around one minute later Mercer can be seen and he votes on the next agenda item.

Update: In an email, Councilor Mercer stated, “If you read the minutes in their entirety, you will see the council had just voted on a very important tax resolution dealing with a housing project in my district. That resolution is a key to rehabbing a very large public housing campus with hundreds of low-income residents. I left the chamber to speak to the developers and the city’s Housing Authority director about the project.”

UPDATE: In a text message, Mercer said, “For the record I am in full support of Congressman Cicilline’s legislation. No one should be made to endure discrimination regardless of race, ethnicity, gender or orientation.”

It should not have been hard to vote for a symbolic resolution in support of a national bill protecting the rights of LGBT citizens across the country. These are the same rights currently protected by law in Rhode Island, though most states lack these protections, as can be seen in the ACLU map below.

July 24, 2015July 25, 2015

Cicilline introduces LGBT protection bill in Congress

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Congressman David Cicilline (D- RI) announced historic legislation to expand upon the Civil Rights Act of 1964, and provide protections for the LGBT community in several areas, including public accommodations, housing, employment, federal funding, education, credit, and jury service. Announced in Washington, D.C., the bill, known as the Equality Act, has been introduced in both the House of Representatives and the Senate. There are 157 original cosponsors to the bill in the House, and 40 in the Senate.

“In most states, you can get married on Saturday, post your wedding photos to Facebook on Sunday, and then get fired on Monday just because of who you are. This is completely wrong,” Cicilline said in a press conference. “Fairness and equality are core American values. No American citizen should ever have to live their lives in fear of discrimination.”

Currently, there are 31 states where it is legal to discriminate against someone based on their sexual orientation, and deny them services, employment, or housing.

Cicilline, who is one of seven openly gay members of Congress, added that the Equality Act is common sense legislation that will help to resolve the current patchwork of anti-discrimination laws all over the country.

“Partial equality is not acceptable. It’s time for a comprehensive bill that protects LGBT Americans,” he said.

The Human Rights Campaign, a non-partisan LGBT advocacy group, found that 63 percent of LGBT individuals have been the targets of discrimination in their personal lives. LGBT students have also been made to feel unsafe at school- 82 percent have been verbally harassed, while 38 percent have been physically harassed.

Other members of Congress spoke on the bill as well. Senator Tammy Baldwin (D- WI) said that she believes America is ready for such a comprehensive step.

“No American should be at risk of being fired, evicted from their home, or denied services because of who they are, or who they love,” she said. “We also need to make sure that every American has a fair chance to earn a living and provide for their families.”

Senator Cory Booker (D- NJ), said the act is based on purely American values, even if the reason for its existence isn’t very American at all.

“This legislation that we are introducing is something that resonates with the best of who we are as a nation,” he said. “But the need for this legislation reflects the worst of who we are.”

Representative John Lewis (D-GA) said the act is long overdue, and provides justice for LGBT Americans. He said it will provide them dignity and respect, without fear of being denied things they need for being who they are. Democratic Whip Steny Hoyer (D-MD) echoed these sentiments, saying that he hopes that Congress will take immediate action to pass the bill.

Many outside of government were invited to come share their stories about how they have been denied services just for being gay or transgender. One couple’s pediatrician would not treat their daughter just because they were lesbians, while a transgender man from Texas was fired from his job after being “outed.” Many advocacy groups showed their support as well, including the Human Rights Campaign, the Center for American Progress, and the National Center for Transgender Equality.

“This is a national problem that needs a national solution, and the Equality Act is that solution,” said Winnie Satchelberg, the Executive Vice President of the Center for American Progress.

Only 19 states provide employment and housing protections for LGBT Americans. 17 states prohibit public accommodation discrimination based on sexual orientation or gender identity, and four prohibit it based solely upon sexual orientation. Prohibitions for education discrimination based on sexual orientation or gender identity exist in 14 states.

July 23, 2015

RI ACLU files complaint against DMV

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The ACLU of RI has filed a federal civil rights complaint against the Rhode Island Division of Motor Vehicles (DMV) on behalf of a recent Italian immigrant whom the DMV has barred from taking the written driver’s license exam in any language other than English, Spanish or Portuguese. The complaint, filed with the Civil Rights Division of the U.S. Department of Justice (DOJ), charges the DMV with violating a law that requires agencies receiving federal funding to provide meaningful access to programs and services for individuals with limited English proficiency (LEP).

Danilo Saccoccio, an Italian national who received his green card in November, is married to an American citizen and has two children who are also American citizens. When he sought to turn in his Italian driver’s license for a Rhode Island one, he was advised he was entitled to no language accommodations to take the test even though it is offered in two languages other than English. Although he has attended ESL classes for a short period of time since he has been here, and plans to attend more such classes when work and family duties allow it, Mr. Saccoccio speaks very limited English. Mr. Saccoccio avoids driving as much as possible, including to ESL classes, because he fears being stopped with only his Italian license.

Title VI of the Civil Rights Act of 1964 requires agencies receiving federal funding to provide individuals with limited English proficiency meaningful access to agency programs and services. Federal regulations implementing Title VI specifically cite driver’s license exams as a critical service subject to the law. However, the DMV has claimed it has no obligation to accommodate the LEP population beyond what it has already done for the Spanish and Portuguese population, and has refused to offer any sort of accommodation through oral interpretation or translation services for Italian-speaking LEP persons.

In the 15-page complaint filed with the DOJ, ACLU volunteer attorney Jennifer Doucleff notes that, according to Census data, the current Italian-speaking LEP population ranks as the fourth most populous in the state, amounting to 2,470 persons, and that there are more than 20,000 other LEP persons who would not be able to obtain a driver’s license under the DMV’s policy. The ACLU complaint concludes:

“[The DMV’s] insistence that the DOJ Guidance does not apply to the situation of an LEP resident seeking to attain meaningful access to this vital service or to other aspects of the drivers’ license program, raises serious doubts as to compliance with its Title VI obligations with regard to its other programs and services, as well as its obligations to members of other language LEP populations in Rhode Island.”

The complaint calls on DOJ to step in and order the DMV comply with federal law and provide Mr. Saccoccio and others like him meaningful access to the agency’s services. Over the years, the ACLU has filed similar language access complaints against the Department of Human Services and the state Judiciary, leading to improved LEP access at those agencies.

ACLU of RI volunteer attorney Doucleff said today: “The DMV’s blatant disregard for the federal guidelines established precisely to prevent it from discriminating against LEP individual raises red flags as to whether the agency can possibly be providing Rhode Island’s growing LEP population with meaningful access to any of its programs and activities. Moreover, the DMV’s refusal to provide any level of accommodation to Mr. Saccoccio so that he may access the driver’s licensing process is particularly alarming given that there are currently more than 20,000 LEP Rhode Islanders who, like Mr. Saccoccio, do not speak a language in which the driver’s license exam is offered.”

ACLU of RI executive director Steven Brown added: “DMV’s refusal to comply with this critical anti-discrimination law is inexcusable. By already accommodating Spanish and Portuguese speakers in the exam process, the agency has recognized that LEP individuals have the right to a driver’s license. It cannot shut the door on other residents just because they do not speak Spanish or Portuguese. We are hopeful that the Department of Justice will halt this inequity.”

The complaint is available online at http://riaclu.org/images/uploads/Saccoccio_DOJ_Complaint.pdf

This post is based on an ACLU press release.