Effects of Fayetteville’s Newly Proposed Civil Rights Ordinance
Forced Provision of Services: An attorney who does adoptions only for biblically married couples can be
prosecuted under this ordinance. Such a prosecution could place an attorney's law license in jeopardy. A
couple who does not believe in hosting a same-sex ceremony at their bed and breakfast facilities can be
prosecuted under this ordinance. A counselor who has an objection to providing counseling services
regarding same-sex relationships can be prosecuted. A pbakorapber baker ve does not baie in
participating in a same-sex wedding can be prosecuted. A pastor doi ean ini
‘exemption (although religious organizations themselves are acy Thalsafwh slisbanbe
n, and no exceptions ai
Serious Safety Concerns for Women and Children: Businesses and “non-religious” organizations must
allow males claiming to be transgender into all accommodations of the female sex, including bathrooms,
‘changing areas, showers, and overnight shelter areas such as in women's shelters or youth camps. A
business owner, employee, or organizational member who interferes with the so-called “right” to use
female facilities can find himself or herself subject to criminal prosecution
Business Concerns and Infringement Upon Hiring Choice: Businesses have no exemptions for any
positions whatsoever. If someone claims they were not hired, were not promoted, or were fired due to
sexual orientation, gender identity, or gender expression, a business and its leaders can be subject to
criminal prosecution. The cost of attorney's fees to successfully defend oneself in this type of action can
bankrupt a small business or a person in their individual capacity, even ifthe accusations are false.
ot Expression: This ordinance was admittedly drafted by University oldies av ptobeowe Danielle
Weatherby, whose opinion of the last Fayetteville Civil Rights Administration Ordinance was as follows:
“My opinion is that it does not violate religious liberties. Individuals and employers are still entitled to hold
and practice within the privacy of their own homes their religious beliefs.” ("U of A Law Professor
Explains Fayetteville Civil Rights Ordinance”, available at http://www.nwahomepage.com/fulltext-
law -explains-fayetteville-civil-right/20364/xuxG9idsik ).
However, our First Amendment rights have never been properly construed as something to be
restricted to the privacy of our own homes. They have always been about our freedoms in society as a
whole. Yet, this is the admitted effect of even the newly proposed ordinance, and its underlying philosophy
is more appropriate to a Communist nation than the United States of America. Consider this: A person
who is a member of a church that teaches homosexuality is wrong or has posted a Facebook status
mentioning his belief about homosexuality can find that belief used as evidence against him if accused of
discriminating against someone in violation of this ordinance.
Private Schools/Daycares: Private schools and daycares have no exemptions under the ordinance unless
they can qualify as a religious organization. They can be forced to hire those who model behavior and
lifestyles contrary to the message and beliefs of the school. Even an individual who runs a small, in-home
daycare that utilizes religious instruction is subject to this ordinance ifshe runs the daycare for a profit.
Penalty Provisions: This is a criminal penalty, subjecting “offenders” to permanent criminal records.
Fines are as follows: $100 for first offenses; Up to $1,000 for each subsequent offense; Up to $250 each
day for continuing offenses. The City may imprison or sue an individual or business who refuses to pay the
fine.