No.

_____________

IN THE COURT OF APPEALS
FOR THE __________ DISTRICT OF TEXAS
AT HOUSTON



IN RE JARED WOODFILL, §
STEVEN F. HOTZE, MD §
F.N. WILLIAMS, SR. and §
MAX MILLER, §
RELATORS. §



ORIGINAL EMERGENCY PETITION FOR WRIT OF MANDAMUS


ANDY TAYLOR & ASSOCIATES, P.C.
Andy Taylor
State Bar No. 19727600
Amanda Peterson
State Bar No. 24032953
2668 Highway 36S, #288
Brenham, Texas 77833
713-222-1817 (telephone)
713-222-1855 (facsimile)

ATTORNEYS FOR RELATORS
JARED WOODFILL,
STEVEN F. HOTZE, MD,
F.N. WILLIAMS, SR. AND
MAX MILLER

RELATORS REQUESTS ORAL ARGUMENT
ACCEPTED
14-14-00648-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
8/11/2014 12:52:22 PM
CHRISTOPHER PRINE
CLERK
ii


Table of Contents

Identity of Parties and Counsel ........................................................................... iii

Index of Authorities ............................................................................................... v
Statement of the Case ........................................................................................... vi
Statement of Jurisdiction ...................................................................................... vi
Issue Presented ..................................................................................................... vii
Statement of Facts ................................................................................................... 1
Argument ................................................................................................................. 7

A. Mandamus is Appropriate in the Instant Case…………………….7

B. Relators have Standing………………………………………………...8

C. Respondents Have Not Complied With the Law………………….9

D. Request for Immediate Mandamus Relief………………………….11

Prayer ...................................................................................................................... 13

Certificate of Service ............................................................................................. 15

Certificate of Compliance .................................................................................... 16

Verification .............................................................................................. Appended

Appendix ................................................................................................... Attached


iii

Identity of Parties and Counsel

Relators:
Jared Woodfill
Steven F. Hotze, MD,
F.N. Williams, Sr.
Max Miller

Counsel for Relators:
ANDY TAYLOR & ASSOCIATES, P.C.
Andy Taylor
State Bar No. 19727600
Amanda Peterson
State Bar No. 24032953
2668 Highway 36S, #288
Brenham, Texas 77833
713-222-1817 (telephone)
713-222-1855 (facsimile)

Respondents:
Annise D. Parker,
Houston Mayor,
City of Houston,
the Houston City Council, consisting of the following members:
Annise D. Parker, Mayor
Stephen C. Costello, At Large 1
David W. Robinson, At Large 2
Michael Kubosh, At Large 3
C.O. “Brad” Bradford, At Large 4
Jack Christie, At Large 5
Brenda Stardig, District A
Jerry Davis, District B
Ellen Cohen, District C
Dwight Boykins, District D
Dave Martin, District E
Richard Nguyen, District F

iv

Oliver Pennington, District G
Ed Gonzalez, District H
Robert Gallegos, District I
Mike Laster, District J;
Larry Green, District K;
and Anna Russell,
Houston City Secretary.

Counsel for Respondents:
CITY OF HOUSTON LEGAL DEPARTMENT
David Feldman
City Attorney
Lynette Fons
Judith L. Ramsey
900 Bagby, 4
th
Floor
Houston, TX 77002
Telephone: 832-393-6462
Facsimile: 832-393-6259



















v

Index of Authorities

Case Page

Blum v. Lanier,
997 S.W.2d 259 (Tex. 1999) ........................................................................... 8

City of El Paso v. Heinrich,
284 S.W.3d 366, 369-76 (Tex. 2009) ............................................................. 8

Glass v. Smith,
244 S.W.2d 645 (Tex. 1951) ........................................................................... 8

In re Roof,
130 S.W.3d 14 ............................................................................................. 7, 9

Statutes and Other Authority Page

Texas Constitution article 5, section 6 .......................................................... vi-vii

Texas Election Code § 273.061 ................................................................... vi-vii, 7

Texas Government Code § 22.221(a) ............................................................ vi-vii

Texas Rules of Appellate Procedure, Rule 52 ............................................. vi-vii
Section VII-a of the Houston’s City Charter ................................................... 3-4

Section VII-b of the Houston’s City Charter ................................................... 3-4




vi

Statement of the Case
Relators bring this Original Emergency Petition for Writ of
Mandamus to require Mayor Annise Parker, the City of Houston, the
Houston City Council, and City Secretary Anna Russell, to immediately
perform each of their respective clear and unambiguous ministerial duties
under Article VII-b, Section 3, of the City of Houston Charter. More
specifically, Relators seek mandamus relief requiring Respondents to
immediately: (1) suspend the Mayor’s so-called Equal Rights Amendment
(“ERO”) from taking effect; (2) notify the public of such suspension and of
the consequence that no action theretofore taken under the ERO shall be
legal or valid; (3) reconsider whether the ERO should be repealed by City
Council in its entirety; and (4) if City Council does not entirely repeal the
ERO, then the City Council shall submit the ERO to popular vote. This
mandamus petition has become necessary because Respondents refuse to
perform their ministerial duties, in violation of state law.
Statement of Jurisdiction
This Court has jurisdiction to issue writs of mandamus under Texas
Constitution article 5, section 6; TEXAS GOVERNMENT CODE section 22.221(a);
TEXAS ELECTION CODE section 273.061; and Rule 52 of the TEXAS RULES OF
vii

APPELLATE PROCEDURE. No genuine issues of material fact exist to divest
this Court of mandamus jurisdiction.
Issue Presented
Did Respondents’ refusal and failure to comply with the Houston
City Charter, Section VII-b, Section 3, constitute a violation of a ministerial
duty such that mandamus should issue?

1
Statement of Facts

A. The Parties

Relators Jared Woodfill, Steven F. Hotze, F.N. Williams Sr. and Max
Miller are each registered voters who reside in Harris County and within
the City of Houston, Texas. Each Relator signed a Referendum Petition to
repeal the Mayor’s so-called “Equal Rights Ordinance” (“ERO”).
The Respondents herein are Annise D. Parker, Mayor, the City of
Houston, each member of the Houston City Council, and Anna Russell,
City Secretary. According to the City of Houston website, both the City
Secretary and the Mayor may be served with service of process at the
physical offices of the City of Houston, 900 Bagby, Houston, Texas 77002.
In accordance with the CIVIL PRACTICE AND REMEDIES CODE § 17.024(b), the
City of Houston may also be served by serving the Mayor, who may be
served as referenced above. Each Member of City Council may be served
at the same address.
B. Venue

Venue in this action is proper and maintainable in Harris County,
Texas under Civil Practice and Remedies Code § 15.002(a) because the
events or omissions giving rise to the claim occurred in Harris County,
2
Texas. Specifically, this Emergency Petition for Writ of Mandamus
involves whether a Referendum Petition seeking the repeal of the so-called
ERO is valid such that the Respondents are required to accept the filing
and the resulting consequences of suspending the enforcement of the ERO
pursuant to the terms of the Houston City Charter and other laws of the
State of Texas.
C. Facts
City of Houston Ordinance No. 2014-530 is known as the Mayor’s so-
called Equal Rights Ordinance (“ERO”). This ordinance was officially
published on June 3, 2014. A true and correct copy is attached hereto as
Exhibit 1.
Along with each of the Relators herein, a coalition of pastors and
others (“the Coalition”) organized a petition drive to force the City of
Houston to either repeal this law, or, if not willing to do so, to immediately
place this ordinance on the ballot for potential repeal by the voters of the
City of Houston. An example of what the ERO Referendum Petition
looked like is attached hereto as Exhibit 2.
3
The repeal effort is regulated by the referendum provisions contained
within Section VII-b of the Houston’s City Charter. More specifically,
Section VII-b, Section 3 states:
“If prior to the date when an ordinance or resolution shall take
effect, or within thirty days after the publication of same,
whichever is later, a petition signed and verified, as required in
section 2(a) hereof, by the qualified voters equal in number to
ten percent of the total vote cast as calculated in accordance
with Article V, Section 10 of this Charter, shall be filed with the
City Secretary, protesting against the enactment or enforcement
of such ordinance or resolution, it shall be suspended from
taking effect and no action theretofore taken under such
ordinance or resolution shall be legal and valid. Immediately
upon the filing of such petition the City Secretary shall do all
things required by section 2(b) of this Article. Thereupon the
Council shall immediately reconsider such ordinance or
resolution and, if it does not entirely repeal the same, shall
submit it to popular vote at the next city general election, or the
Council may, in its discretion, call a special election for that
purpose; and such ordinance or resolution shall not take effect
unless a majority of the qualified voters voting thereon at such
election shall vote in favor thereof.”

Thus, because June 3 was the official publication date of the ERO, the
thirty day deadline to gather signatures and file the petitions with the
Houston City Secretary fell on July 3, 2014. Section 2(a), referenced above,
provides as follows:
“Petition. A petition signed and verified in the manner and
form required for recall petition in Article VII-a by qualified
voters equal to fifteen per cent of the total vote cast as
4
calculated in accordance with Article V, Section 10 of this
Charter, next preceding the filing of said petition, accompanied
by the proposed legislation or measure in the form of a
proposed ordinance or resolution, and requesting that such
ordinance or resolution be submitted to a vote of the people, if
not passed by the Council, shall be filed with the City
Secretary.”

Article VII-a, in turn, provides as follows:
“All petitions for recall of any officer of the City of Houston,
shall be instituted by filing with the City Secretary a verified
written petition requesting the removal of such officer, which
said petition shall be signed by qualified voters of the City of
Houston, in number not less than twenty-five per cent of the
total votes cast calculated in accordance with Article V, Section
10 of this Charter, based on the votes cast city-wide if the officer
sought to be recalled was elected city-wide, or if the officer
sought to be recalled was elected by district, based on the votes
cast in the district which the officer sought to be recalled
currently serves. The signers of said petition shall also set
opposite their respective names, the number of his residence,
naming the street, and shall also state the day of the month and
the year when such signature was affixed. “

Section 2(b) provides that:

“On or before the thirtieth day after the date of filing of the
petition the City Secretary shall certify to the City Council (a)
the greatest total vote cast for Mayor at any city general election
held within three years next preceding the date of the filing of
such petition, and (b) the number of valid signatures on said
petition, and shall present such petition and certificate to the
Council.”

5
As a result of the hard work of all concerned, a successful
referendum petition drive produced over 55,000 signatures, and the
Coalition pre-verified with VUID over 31,000 signatures. Thereafter, on
July 3, 2014, the ERO Referendum Petition was timely filed with the
Houston City Secretary. A true and correct copy of the entire filing is too
voluminous to file electronically, thus, the entirety of the document will be
downloaded on a CD and filed directly with the Clerk of the Houston
Court of Appeals concurrently with the electronic filing of this Petition and
will be marked as Exhibit 3.
Under the terms of the City Charter, quoted above, City Secretary
Anna Russell had a ministerial and mandatory duty to review the ERO
Referendum Petition upon filing and to certify no later than thirty days
later to the City Council whether said petition the following: (a) the
greatest total vote cast for Mayor at any city general election held within
three years next preceding the date of the filing of such petition, and (b) the
number of valid signatures on said petition. Respondent Russell complied
with her duties under (a) above and certified that fact on August 1, 2014.
However, rather than verify the total number of valid signatures on the
Referendum Petition, Respondent Russell only attempted to verify
6
approximately 30+% of the total number of signatures. Respondent failed
to review the remaining signatures. In so doing, Defendant Russell
specifically certified that the number of valid and verified signatures on the
ERO Referendum Petition was 17,846, which is more than the minimum
required number of 17,269.
1
A true and correct copy of her certification is
attached hereto as Exhibit 4. Accordingly, the ERO Referendum Petition
has been validated by the Houston City Secretary and the consequences of
such validation must be honored by each of the Respondents
2
Rather than abide by the City Secretary’s findings and certifications
on August 1, 2014, however, Respondent Parker and David Feldman,
Houston’s City Attorney, held a press conference three days later to
announce that the ERO Referendum Petition would be rejected because too
.

1
Mayor Parker and City Attorney David Feldman are using 17,269 as the required
minimum number of signatures required to force the Referendum provisions of the
City’s Charter. For purposes of this lawsuit filing, Plaintiffs will accept that number as
correct. However, Plaintiffs reserve the right to object to this number, should further
investigation and discovery prove otherwise.
2
Not satisfied with letting the people vote, the Houston City Attorney’s Office prepared
paperwork which is attached to Defendant Russell’s certification that 16,010 signatures
on the ERO Referendum Petition did not “contain sufficient acknowledgment as
required by the Charter.” See Exhibit 4. The gratuitous insertion of a requirement not
specified in the Charter is improper and violates each of the Defendants’ ministerial and
unconditional obligations to accept both the Petition and the consequences flowing
from there, e.g., immediate suspension of enforcement of the ERO, reconsideration of
the ERO by vote of the City Council, and, should the ERO not be repealed by Council,
then the immediate calling of an election on whether to repeal the ERO.

7
many signatures were invalidated to reach the required minimum. A true
and correct copy of the Mayor’s press release is attached hereto as Exhibit
5. Conspicuously absent from the press conference was the City Secretary,
Defendant Anna Russell. Respondent Parker does not have the authority
to ignore the impact of Respondent Russell’s certification, even if
Respondent Parker and/or the City Attorney feels she is wrong.
Argument
A. Mandamus is Appropriate in the Instant Case.
A writ of mandamus is appropriate to compel a public official to
perform a ministerial act. See In re Roof, 130 S.W.3d 414, 415-416 (Tex.
App.—Houston [14
th
Dist.] 2004, no writ) (citations omitted). Additionally,
the Texas Election Code states that a writ of mandamus may issue to
compel a duty imposed by law even if the one responsible for performing
the duty is not a public official. TEX. ELEC. CODE §273.061. In light of this
provision, it is proper for the Court to issue a writ of mandamus requiring
Respondents to comply with the above-referenced provisions contained
within the Houston City Charter.


8
B. Relators Have Standing.
Relators have standing to bring this Original Petition for Writ of
Mandamus. More specifically, each Relator personally organized a petition
drive for what ultimately became known as “No Unequal Rights!” (“ERO
Referendum”). Each Relator helped draft the final wording of the ERO
Referendum Petition, and each helped underwrite this effort. Each of the
Relators also signed the ERO Referendum Petition. Thus, Relators have
standing to bring this lawsuit under Blum v. Lanier, 997 S.W.2d 259, 262
(Tex. 1999) and Glass v. Smith, 150 Tex. 632, 244 S.W.2d 645, 649 (Tex. 1951).
Relators assert that no governmental immunity exists for a claim
brought under the “ultra vires” exception to sovereign and/or
governmental immunity. As explained in City of El Paso v. Heinrich, 284
S.W.3d 366, 369-76 (Tex. 2009), the ultra vires exception allows a plaintiff to
sue a state official in his official capacity, thereby binding the State through
its agent, for prospective injunctive and/or declaratory relief to restrain the
official from violating statutory or constitutional provisions. Sovereign
and/or governmental immunity does not bar such a suit because, in
concept, acts of state officials that are not lawfully authorized are not
considered to be acts of the State. Thus, the remedy of compelling such
9
officials to comply with the law, while binding on the State, does not
attempt to exert control over the State, but instead attempts to reassert the
control of the State. It is for this reason that Relators have sued the
Respondents in their official capacities.
C. Respondents Have Not Complied with the Law.
Under the law governing this area, the City Secretary has a
ministerial and mandatory duty to inspect a timely-filed referendum
petition. Her job, though, is restricted to an inspection to confirm: (a)
whether the signatures on the document exceed the minimum required
amount; and, if so, (b) whether the minimum required number of signers
are registered to vote within the City of Houston. Nothing more, nothing
less. In Re Roof, 130 S.W.3d 414 (Tex. App. –Houston [14th Dist.] 2004, orig.
proceeding).
Even a cursory review of the ERO Referendum Petition demonstrates
compliance with these ministerial requirements as a matter of law. Indeed,
over 55,000 signatures were turned in, and the Coalition itself verified over
31,000 signers were properly registered to vote. Unfortunately, however,
even though Relator Russell certified the result, the ERO Referendum
Petition was wrongfully rejected. Even though each of the Respondents
10
was required to accept it, they did not. Accordingly, Relators were forced
to bring this suit to require the Respondents to obey the City Charter and
the consequences which flow therefrom, e.g., immediate suspension of
enforcement of the ERO, immediate reconsideration of the ERO by vote of
the City Council, and, should the ERO not be repealed by Council, then the
calling of an election on whether to repeal the ERO.
The harm arising from the Relators’ wrongful rejection of the ERO
Referendum Petition is irreparable. Under the terms of City of Houston’s
Charter, ordinances like the ERO may only be challenged within the first 30
days of the enactment or publication, whichever is later. Once that initial
30 day deadline passes, the right to repeal by referendum petition
evaporates. Thus, by improperly rejecting the ERO Referendum Petition,
Respondents have wrongfully stripped these Relators from their right to
petition government for a redress of their grievances, in violation of the
Houston City Charter, as well as the State and Federal Constitutions.
Had the Respondents performed their ministerial duties and
accepted the ERO Referendum Petition, then, under the terms of the
Houston City Charter’s referendum provisions, the ERO would
11
automatically be held in abeyance, suspended, and would not be
enforceable. Once that occurs, the Houston City Council has a choice to
make. One option would be to immediately vote to repeal the ERO once
and for all. Another option would be to vote not to repeal the ERO. In that
latter scenario, Respondents would be required to call an election of the
entire electorate from the City of Houston to determine whether to repeal
the ERO. By improperly rejecting the ERO Referendum Petition, the
Respondents have each inflicted irreparable harm on each of the Relators,
for which these Relators now sue and seek mandamus relief to require each
of the Respondents to fulfill their ministerial duties by accepting the ERO
Referendum Petition along with all of its consequences.
D. Request for Immediate Mandamus Relief
Relators’ sworn Petition demonstrates that the ERO Referendum
Petition was timely filed, is otherwise valid, and contains more than the
minimum number of required signatures of registered City of Houston
voters.
Relators’ sworn Petition also demonstrates that none of the so-called
problems with the ERO Referendum Petition are sufficient to defeat the
ministerial duty of each Respondent to accept the Petition, along with all of
12
the legal consequences which flow from that acceptance, such as the
suspension of the ERO, and the requirement of the Houston City Council
to either repeal the ERO or place whether to repeal the ERO on the ballot
for the Houston voters to decide.
Relators therefore bring this Petition to force the Respondents to obey
the City Charter and the consequences which flow therefrom, e.g.,
immediate suspension of enforcement of the ERO, reconsideration of the
ERO by vote of the City Council, and, should the ERO not be repealed by
Council, then the calling of an election on whether to repeal the ERO.
It is important to note that Respondents may challenge this Court’s
subject matter jurisdiction to issue a mandamus because of a material fact
issue exists with respect to the validity of the number of signatures on the
Referendum Petition. In anticipation of this defense, Relators make the
following points: First, the only Respondent with the power and authority
to certain the number of validated signatures is Respondent Russell—not
the Mayor, the Houston City Attorney, or any elected members of the
Houston City Council. Second, Respondent Russell did in fact certify that a
sufficient number of valid signatures had been reached, which should end
the inquiry with respect to the application and triggering of the various
13
mandatory and ministerial duties which flow therefrom. Thus, any
potential “disqualification” of valid signatures by other Respondents are
irrelevant, such that this “disputed fact” does not rise to the level of a
“genuine issue of material fact.”
3
a. Cite each Respondent to appear herein;
Third, to the extent this Court holds
otherwise, it should be reemphasized that Respondent Russell only
reviewed 30% of the Petition signatures. At bare minimum, she should be
ordered to review 100% of all 55,000+ signatures, or, in the alternative, she
should be ordered to extrapolate the expected total number of valid
signatures based on the rate of acceptance of the signatures she found to be
valid so far. Accordingly, for each of these reasons, there is no fact issue
which would be material and thus this Court is not deprived of its
jurisdiction to enter mandamus relief.
Prayer

For the reasons detailed above, Relators JARED WOODFILL,
STEVEN F. HOTZE, MD AND F.N. WILLIAMS, SR. and MAX MILLER,
respectfully request the following relief:

3
Any disputed issues of fact that relate to any issues outside of Respondents' ministerial duties can be dealt with in
the case Relators filed in Harris County District Court last week. In the aforementioned case. Relators tried to get
injunctive relief, but only received partial relief for a few days. Cause No. 2014-44974; Jared Woodfill, et al v.
Annise D. Parker, et al; In the 152
nd
Judicial District Court for Harris County, Texas. See Exhibit 6.
14
b. Issue an immediate writ of mandamus ordering and
compelling Annise D. Parker, Houston Mayor, and the City of
Houston, and each of the Members of City Council, and Anna
Russell, Houston City Secretary, to perform the following
ministerial acts: (i) immediate suspension of the enforcement of
the ERO; (ii) immediate reconsideration of the ERO by vote of
the City Council; and, (iii) should the ERO not be immediately
repealed by vote of the City Council, then the calling of an
election on whether to repeal the ERO.
c. All costs of suit;
d. All other and further mandamus relief to which Relators may
show themselves to be justly entitled.
Respectfully Submitted,
ANDY TAYLOR & ASSOCIATES, P.C.

BY: /s/ Andy Taylor
Andy Taylor
State Bar No. 19727600
Amanda Peterson
State Bar No. 24032953
2668 Highway 36S, #288
Brenham, Texas 77833
713-222-1817 (telephone)
713-222-1855 (facsimile)
15

ATTORNEYS FOR JARED WOODFILL,
STEVEN F. HOTZE, MD AND F.N.
WILLIAMS, SR. AND MAX MILLER




CERTIFICATE OF SERVICE
By affixing my signature above, I , Andy Taylor, hereby certify that a
true and correct copy of the above Original Petition for Writ of Mandamus
has been delivered via electronic mail to the parties below on the 11th day
of August, 2014.

Counsel for Respondents:
David Feldman
City Attorney
City of Houston Legal Department
900 Bagby Street
P.O. Box 1562
Houston, Texas 77521-1562
(713) 247-2000 [Telephone]
(713) 247-1017 [Facsimile]
david.feldman@houstontx.gov


/s/ Andy Taylor
Andy Taylor




16
CERTIFICATE OF COMPLIANCE
I, Andy Taylor, Counsel for Relators certify that this document was
generated by a computer using Microsoft Word which indicates that the
word count of this document is 3599.

/s/ Andy Taylor

Appendix
Document

Tab
Ordinance ................................................................................................................. 1

ERO Petition ............................................................................................................. 2

CD .............................................................................................................................. 3

City Secretary’s Certification ................................................................................. 4

Mayor’s Press Release ............................................................................................ 5

Order on Show Cause Hearing ............................................................................. 6

Jared Woodfill’s Verification ................................................................................. 7
Tab 1
, ,
, ,
City of Houston, Texas, Ordinance No. 2014-5,3(;
AN ORDINANCE AMENDING CHAPTERS 2,15 AND 17 OF THE CODE OF
ORDINANCES, HOUSTON, TEXAS, PROHIBITING DISCRIMINATION ON THE
BASIS OF PROTECTED CHARACTERISTICS IN CITY EMPLOYMENT, CITY
SERVICES, CITY CONTRACTING PRACTICES, HOUSING, PUBLIC
ACCOMMODATIONS, AND PRIVATE EMPLOYMENT; CONTAINING FINDINGS AND
OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; DECLARING
CERTAIN CONDUCT UNLAWFUL; PROVIDING FOR A PENALTY; PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
* * * * *
WHEREAS, the City Council finds that all persons living in, working in or visiting
the City are entitled to be treated with equal dignity and respect and have the right to be
free from discriminatory and unequal treatment; and
WHEREAS, the City of Houston seeks to provide an environment that is free of
any type of discrimination based on sex, race, color, ethnicity, national origin, age,
familial status, marital status, military status, religion, disability, sexual orientation,
genetic information, gender identity, or pregnancy ("Protected Characteristics"); and
WHEREAS, the City Council finds that achieving and maintaining a
discrimination-free environment is necessary to effectively serve the public by enabling
the City to recruit and train qualified employees and to procure and provide services to
the public; and
WHEREAS, the City Council finds that it is in the best interests of the City and its
citizens to incorporate the nondiscrimination policy of the City into contracts entered into
by the City for which it spends public funds; and
WHEREAS, the City Council finds that discrimination on the basis of Protected
Characteristics in privately owned and operated public accommodations, including
restaurants, bars, entertainment venues and places of public amusement, hotels and
motels and public conveyances ("Public Accommodations") results in the unjust
exclusion of persons and a diminution of their dignity, respect, and status contrary to the
public policy of the City and the Constitutional principles on which the United States was
founded; and
WHEREAS, the City Council finds that it is necessary, appropriate and the
proper responsibility of government to make discrimination in Public Accommodations
unlawful in the City; and
As amended 5/14/2014
EXHIBIT
I \
, ,
WHEREAS, the City Council finds that discrimination in employment results in
the unequal treatment of persons and a diminution of their dignity, respect and status
contrary to the public policy of the City and the Constitutional principles on which the
United States was founded; and
WHEREAS, the City Council finds that it is necessary, appropriate, and the
proper responsibility of government to make discrimination in Private Employment
unlawful in the City; and
WHEREAS, the City Council recognizes the rights of each person to obtain
housing without regard to Protected Characteristics; and
WHEREAS, the City Council finds that discrimination in housing on the basis of
Protected Characteristics is contrary to the public policy of the City and the
Constitutional principles on which the United States was founded; and
WHEREAS, the City Council finds that it is in the best interests of the City and its
citizens to make discrimination in housing on the basis of Protected Characteristics
unlawful in the City; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF HOUSTON,
TEXAS:
Section 1. That the findings contained in the preamble of this Ordinance are
determined to be true and correct and are hereby adopted as part of this Ordinance.
Section 2. That Chapter 17 of the Code of Ordinances, Houston, Texas, is
hereby amended in its entirety to read as set forth in Exhibit A, attached hereto and
incorporated herein by this reference.
Section 2A. That the following definition of employer in Section 17-2 of the
Code of Ordinances shall become effective on the first anniversary of the effective date
of this Ordinance:
It Employer means a person who has 25 or more employees for
each working day in each of 20 or more calendar weeks in the current or
preceding calendar year, and the person's agent. The term does not
include a person's contractor or vendor with respect to the conduct of the
contractor or vendor toward the employees of said contractor or vendor;
the United States, or a corporation wholly owned by the government of the
- 2 - As amended 5/14/2014
, %
United States; a bona fide private membership club which is exempt from
taxation under Section 501(c) of the Internal Revenue Code of 1954; the
state, a state agency, or political subdivision; or a religious organization."
That the following definition of employer in Section 17-2 of the Code of Ordinances shall
become effective on the second anniversary of the effective date of this Ordinance:
"Employer means a person who has 15 or more employees for
each working day in each of 20 or more calendar weeks in the current or
preceding calendar year, and the person's agent. The term does not
include a person's contractor or vendor with respect to the conduct of the
contractor or vendor toward the employees of said contractor or vendor;
the United States, or a corporation wholly owned by the government of the
United States; a bona fide private membership club which is exempt from
taxation under Section 501(c) of the Internal Revenue Code of 1954; the
state, a state agency, or political subdivision; or a religious organization."
Section 3. That Article XIV of Chapter 2 of the Code of Ordinances, Houston,
Texas, is hereby repealed and reserved.
Section 4. That Section 15-17 of the Code of Ordinances, Houston, Texas, is
hereby amended to read as set forth in Exhibit B, attached hereto and incorporated
herein by this reference.
Section 5. That, if any proVision, section, subsection, sentence, clause, or
phrase of this Ordinance, or the application of same to any person or set of
circumstances, is for any reason held to be unconstitutional, void or invalid, the validity
of the remaining portions of this Ordinance or their application to other persons or sets
of circumstances shall not be affected thereby, it being the intent of the City Council in
adopting this Ordinance that no portion hereof or provision or regulation contained
herein shall become inoperative or fail by reason of any unconstitutionality, voidness or
invalidity of any other portion hereof, and ali provisions of this Ordinance are declared to
be severable for that purpose.
- 3- As amended 5/14/2014
Section 6. That there exists a public emergency requiring that this Ordinance be
passed finally on the date of its introduction as requested in writing by the Mayor;
therefore, this Ordinance shall be passed finally on such date and shall take effect at
12:01 a.m. on the thirtieth day next following the date of its passage and approval by the
Mayor.
PASSED AND APPROVED this ayof...,...;.. __ ____ ,2014.
Mayor of the City of Houston
Prepared by Legal
DMFDFM:DAN:asw 5/1/2 City Attorney
Requested by the Honorable Annise D. Parker, Mayor
AYE NO
LD. File No. 0391300324001
MAYOR PARKER
••••
....
COUNCIL MEMBERS
STARDIG
DAVIS
COHEN
BOYKINS
MARTIN
NGUYEN
PENNINGTON
GONZALEZ
GALLEGOS
LASTER
GREEN
COSTELLO
ROBINSON
KUBOSH
BRADFORD
"
CHRISTIE
CAPTION ADOPTED
MAY 017 Rev. 01114
o 3 2014
- 4 - As amended 5/14/2014
EXHIBIT A
Chapter 17
EQUAL RIGHTS
ARTICLE I. IN GENERAL
Sec. 17-1. Public policy declared.
It is the policy of the city that all of its residents and persons subject to its
jurisdiction shall not be subject to discrimination based on an individual's sex, race,
color, ethnicity, national origin, age, familial status, marital status, military status,
religion, disability, sexual orientation, genetic information, gender identity or pregnancy.
Sec. 17-2. Definitions.
In this chapter:
Age means, for purposes of sections that address non-discrimination, 40
or more years of age.
City employment and employment opporlunities shall include, but are not
limited to, decisions that adversely affect an employee's pay, status, position or
assignment, including opportunities for overtime pay and advancement, and
includes decisions regarding recruitment, job application procedures, referrals for
employment, selection and hiring, appointment, compensation, promotions,
demotions, transfers, layoffs, recalls, training, educational opportunities, and all
forms of discipline, including indefinite suspensions/terminations.
Contractor means any person, including subcontractors, who through a
contract or other arrangement, has received, is to receive, or is receiving public
funds for work, goods, or services delivered or rendered to the city.
Disability means a mental or physical impairment that substantially limits
at least one major life activity, a record of the impairment, or being regarded as
having the impairment. This term does not include the current, illegal use of or
addiction to a controlled substance as defined under state and federal law.
Discriminate means to intentionally distinguish, differentiate, separate, or
segregate to the advantage or disadvantage of any person on the basis of a
protected characteristic, except as required by federal or state law or court order.
Employee means an individual employed by an employer.
1
Employer means a person who has 50 or more employees for each
working day in each of 20 or more calendar weeks in the current or preceding
calendar year, and the person's agent. The term does not include a person's
contractor or vendor with respect to the conduct of the contractor or vendor
toward the employees of said contractor or vendor; the United States, or a
corporation wholly owned by the government of the United States; a bona fide
private membership club which is exempt from taxation under Section 501(c) of
the Internal Revenue Code of 1954; the state, a state agency, or political
subdivision; or a religious organization.
Familial status means the status of a person resulting from being
domiciled with an individual younger than 18 years of age in regard to whom the
person:
(1) Is the parent or legal custodian; or
(2) Has the written permission of the parent or legal custodian for
domicile with the individual; or
{3} Is in the process of obtaining legal custody.
Gender identity means an individual's innate identification, appearance,
expression or behavior as either male or female, although the same may not
correspond to the individual's body or gender as assigned at birth.
Genetic information means information about an individual's genetic tests,
the genetic tests about an individual's family members, and the manifestation of
disease or disorder in family members of an individual. The term does not include
the age, sex, race, color, ethnicity, national origin, religion, or disability of any
individuals.
Inspector general means the person in charge of the Office of the
Inspector General created by Executive Order No. 1-39 or his or her designee.
Military status means a person who is serving or has served in the
uniformed service, and who, if discharged, was discharged or released under
conditions other than dishonorable. Uniformed services is defined as set forth in
20 C.F.R. 1002.5(0).
Person means an individual, corporation, partnership, association, labor
organization, legal representative, mutual company, joint-stock company, trust,
unincorporated organization, trustee or receiver.
Place of public accommodation means every business with a physical
location in the city, whether wholesale or retail, which is open to the general
2
public and offers for compensation any product, service, or facility. The term
includes, but is not limited to, all hotels, motels, restaurants, bars, lounges,
nightclubs or cabarets where food or beverages are sold or offered for sale,
theaters, washaterias, bowling alleys, skating rinks, golf courses, and other
places of public amusement, and all public conveyances, as well as the stations
or terminals thereof. For purposes of article IV of this chapter, the leasing office,
visitor parking area and model units of a multi-family housing facility shall not be
considered a place of public accommodation.
Protected characteristic means an individual's sex, race, color, ethnicity,
national origin, age, familial status, marital status, military status, religion,
disability, sexual orientation, genetiC information, gender identity or pregnancy.
Religion means all aspects of religious observance and practice, as well
as belief.
Religious organization means:
(1) A religious corporation, association, social service or society;
(2) A school, college, university, or other educational institution or
institution of learning, if the institution is, in whole or in substantial
part, controlled, managed, owned, or supported by a religion,
religious corporation, association or society; or the curriculum of the
institution is directed toward the propagation of a religion; or
(3) A nonprofit institution or organization operated, supervised, or
controlled by a religious corporation, association, social service or
society.
Retaliation, in connection with employment, means conduct or decisions
that a reasonable employee would view as materially adverse and whose
purpose or effect is to discourage employees from exercising their rights under
this article, city policy, or law.
Sex means the biological differences between men and women, and
gender.
Sexual orientation means the actual or perceived status of a person with
respect to his or her sexuality.
Secs.17·3--17-30. Reserved.
3
ARTICLE II. CITY EMPLOYMENT AND CITY SERVICES
Sec. 17-31. Prohibition against discrimination in city employment.
It is the policy of the city that the city will not discriminate in city employment and
employment opportunities on the basis of any protected characteristic. For purposes of
this section, discriminate includes, but is not limited to, any act or demonstration of
preference or antipathy in making decisions regarding employment that adversely affect
an employee's pay, status, position, or assignment, including opportunities for overtime
pay and advancement, and includes decisions regarding recruitment, job application
procedures, referrals for employment, selection and hiring, appointment, compensation,
promotions, demotions, transfer, retention, layoffs, recalls, training, educational
opportunities, and all forms of discipline, including indefinite suspensions/terminations.
This policy applies to city officials and all employees regardless of civil service
status, classification, pay grade, length of employment, or full-time or part-time status.
Sec. 17-32. Prohibition against discrimination in city services.
It is the policy of the city that the city will not discriminate on the basis of any
protected characteristic in authorizing or making available the use of city facilities or in
the delivery of city programs, services or activities.
Sec. 17-33. Enforcement.
(a) It is the policy of the city that no employee or official of the city shall engage
in any act or practice prohibited by this article.
(b) An employee or official found in violation of this article shall be subject to
disciplinary action up to and including indefinite suspension/termination or removal from
office pursuant to applicable city ordinances, city charter provisions, executive orders,
administrative procedures, laws, and policies. An employee who believes he or she has
been subject to discrimination in violation of this article shall submit a written complaint
to the inspector general not later than 180 days after the alleged violation occurs.
(c) The provisions of this article shall be enforced pursuant to applicable city
ordinances, city charter provisions, executive orders, administrative procedures, laws,
and policies.
(d) The office of the inspector general is responsible for investigating all facts
and circumstances that reasonably appear to constitute a violation of this article.
4
Sec. 17-34. Retaliation prohibited.
No city employee or official shall retaliate against any person who has filed a
complaint in good faith pursuant to this section. If the inspector general determines that
retaliation has occurred, the city employee or official shall be subject to discipline, up to
and including indefinite suspension.
Secs.17-35--17-40. Reserved.
ARTICLE III. CONTRACTING
Sec. 17-41. Prohibition against discrimination in awarding contracts.
It is the policy of the city that the city will not discriminate in the consideration,
award, or administration of any contract entered into between the city and any person
(including, but not limited to, any contractor, vendor, supplier, lessee, or lessor) for the
provision of any works, goods, or services of any type to the city. The language of
section 15-17 of this Code shall be included in every contract entered into by the city.
The language of this article shall not be interpreted to conflict with provisions of
chapter 15 of this Code.
Sec. 17-42. Prohibition against discrimination in the performance of a contract;
penalties; retaliation prohibited.
(a) It shall be unlawful for any contractor to discriminate against any person on
the basis of any protected characteristic, except as required by federal or state law or
court order, in the performance of any contract entered into with the city. A person
employed in connection with a city contract who has a good faith belief that he or she is
the victim of discrimination may file a complaint with the inspector general on a form
prescribed by the inspector general. Any person claiming to be aggrieved by an
unlawful employment action in connection with the performance of a city contract shall
file a verified complaint in writing no later than 180 days after the alleged violation.
(b) If a contractor is found to have violated this section in connection with any
city contract, the inspector general shall refer the matter to the city attorney for
appropriate action to serve the best interests of the city, including the use of remedies
provided by the city's contract with the contractor.
(c) No contractor shall retaliate against any person who has filed a complaint in
good faith pursuant to this section. If the inspector general determines that retaliation
has occurred, he shall refer the matter to the city attorney pursuant to subsection (b) of
this section.
5
Sec. 17-43. Investigation of complaints of discrimination in the performance of a
contract; procedures.
(a) The office of the inspector general shall investigate the complaint and
determine whether a violation as defined in this article has occurred. In addition to other
investigative tools. the inspector general may take statements and inspect relevant
records. If the inspector general is not able to obtain voluntary cooperation in
connection with its investigation, he shall refer the matter to the city attorney for
appropriate action.
(b) If the complaint is found to be deficient. the inspector general shall dismiss
the case. All investigations conducted pursuant to this article shall be conducted in a
confidential manner and records of any such investigations shall be confidential to the
extent permitted by law.
(c) Upon completion of the investigation of the complaint. if the inspector general
determines that the complaint alleges a violation of this article. the inspector general
shall affirmatively engage in conciliation of the complaint. If no resolution is achieved,
the inspector general shall refer the matter to the city attorney for appropriate action.
Secs.17-44--17-50. Reserved.
ARTICLE IV. PUBLIC ACCOMMODATIONS
Sec. 17-51. Prohibition against discrimination in public accommodations.
(a) It shall be unlawful for any place of public accommodation or any employee
or agent thereof to intentionally discriminate against any person on the basis of any
protected characteristic, except as required by federal or state law or court order.
(b) It shall be a defense to prosecution for discrimination on the basis of
disability under this article that the alleged discrimination resulted from a condition or
structural feature for which a variance had been received from the city under applicable
ordinance or regulation. It shall also be a defense to prosecution for discrimination on
the basis of accessibility that the place of public accommodation is in compliance with
applicable state or federal law relating to accessibility.
(c) It shall be unlawful for a person to file a complaint in bad faith under this
article. For purposes of this article, bad faith means wholly without foundation in law or
fact, or done solely for the purpose of harassment.
6
Sec. 17-52. Investigation of alleged violations; procedures.
(a) Any person claiming to be aggrieved by an unlawful public accommodation
practice shall file a verified complaint in writing with the office of the inspector general
not later than 180 days after the alleged violation occurred. Multiple complaints
involving the same incident and alleging the same discrimination shall be treated as one
alleged violation for investigation and penalty. If the complaint states a claim that is
within the jurisdiction of a federal or state agency, the inspector general may refer the
complaint to the appropriate agency for further action and discontinue the investigation
of the complaint.
(b) Except as to complaints that are referred to a federal or state agency, the
office of the inspector general shall investigate the complaint and determine whether a
violation as defined in this article has occurred. In addition to other investigative tools,
the inspector general may take statements and inspect relevant records. If the
inspector general is not able to obtain voluntary cooperation in connection with its
investigation, the city attorney, in consultation with the inspector general, may request
city council to issue a subpoena or subpoena duces tecum to compel the attendance of
a witness or the production of relevant materials or documents. City council may issue
such subpoena if it determines that there is reasonable cause to believe that this article
may have been violated.
(c) If the complaint is found to be deficient or untimely, the inspector general
shall dismiss the case. All investigations conducted pursuant to this article shall be
conducted in a confidential manner and records of any such investigations shall be
confidential to the extent permitted by law. The inspector general shall complete the
investigation of the complaint no later than one year after the filing of the complaint.
(d) Upon completion of the investigation of the complaint, if the inspector general
determines that the complaint alleges a violation of this article, the inspector general
shall affirmatively engage in conciliation of the complaint. If no such resolution is
achieved, the inspector general shall refer the matter to the city attorney for appropriate
action in accordance with this article.
(e) No finding, conciliation or adjudication under this article shall be admissible in
connection with the city's licensing, permitting, or regulatory matters.
Sec. 17-53. Effect of provisions on civil remedies.
This article shall neither add to nor detract from any civil remedies now available
to persons complaining of discrimination under this article.
7
Sec. 17-54. Exemptions.
This article shall not apply to:
(1) Any hotel, motel, restaurant, bar, lounge, nightclub, cabaret, theater,
bowling alley, skating rink, golf course, or similar facility operated by a
bona fide private club when the accommodations, advantages, facilities,
and services of the entity are restricted to the members of such club and
their guests and not for the purpose of evading this article;
(2) Any bona fide social, fraternal, educational, civic, or religious organization,
or to any private kindergarten, day care center or nursery school, when
the profits of such accommodations, advantages, facilities and services,
above reasonable and necessary expenses, are solely for the benefit of
such organization;
(3) Any facility owned or operated by a federal, state, county or other local
governmental entity; or
(4) Discounts of any product, service, or facility for any person on the basis of
age or military status.
Sec. 17-55. Criminal penalties for violation.
(a) A person who violates a provision of this article commits a criminal offense, a
Class C misdemeanor. A person is guilty of a separate criminal offense for each day or
part of a day during which a violation is committed, continued, or permitted.
(b) A criminal offense under this article is punishable in municipal court by a fine
of not less than $250.00 nor more than $500.00. In no event shall the aggregate of all
fines relating to the same complaint filed by a complainant exceed $5000.00.
(c) A person prosecuted for a violation of this article shall be entitled to a trial by
jury in municipal court.
Secs. 17-56--17-60. Reserved.
ARTICLE V. PRIVATE EMPLOYMENT
Sec. 17-61. Prohibition against discrimination in employment.
(a) It shall be unlawful for any employer to intentionally discriminate in
employment and employment opportunities on the basis of any protected characteristic.
For purposes of this section, discriminate includes but is not limited to, any intentional
act or demonstration of preference or antipathy in making decisions regarding
8
employment that adversely affect an employee's pay, status, position, or assignment,
including opportunities for overtime pay and advancement, and includes decisions
regarding recruitment, job application procedures, referrals for employment. selection
and hiring, appointment, compensation, promotions, demotions, transfer, retention,
layoffs, recalls, training, educational opportunities, and all forms of discipline, including
terminations.
(b) It shall be unlawful for any employer to retaliate against any person who has
filed a complaint in good faith pursuant to this article.
(c) An employer may assert any applicable affirmative defenses available under
Texas or federal discrimination laws as a defense to prosecution under this article.
(d) It shall be unlawful for a person to file a complaint in bad faith under this
article. For purposes of this article, bad faith means wholly without foundation in law or
fact, or done solely for the purpose of harassment.
Sec. 17-62. Investigation of alleged violations; procedures.
(a) Any employee claiming to be aggrieved by an unlawful employment practice
shall file a verified complaint in writing with the office of the inspector general not later
than 180 days after the alleged violation occurred. If the complaint states a claim that is
within the jurisdiction of a federal or state agency, the inspector general shall refer the
complaint to the appropriate agency for further action and discontinue the investigation
of the complaint
(b) Except as to complaints that are referred to a federal or state agency, the
office of the inspector general shall investigate the complaint and determine whether a
violation as defined in this article has occurred. In addition to other investigative tools,
the inspector general may take statements and inspect relevant records. If the
inspector general is not able to obtain voluntary cooperation in connection with its
investigation, the city attorney, in consultation with the inspector general, may request
the city council to issue a subpoena or subpoena duces tecum to compel the
attendance of a witness or the production of relevant materials or documents. City
council may issue such subpoena if it determines that there is reasonable cause to
believe that this article may have been violated.
(c) If the complaint is found to be deficient or untimely, the inspector general
shall dismiss the case. All investigations conducted pursuant to this article shall be
conducted in a confidential manner and records of any such investigations shall be
confidential to the extent permitted by law. The inspector general shall complete the
investigation of the complaint no later than one year after the filing of the complaint.
(d) Upon completion of the investigation of the complaint, if the inspector general
determines that the complaint alleges a violation of this article, the inspector general
9
shall affirmatively engage in conciliation of the complaint. If no such resolution is
achieved, the inspector general shall refer the matter to the city attorney for appropriate
action in accordance with this article.
(e) No finding, conciliation or adjudication under this article shall be admissible in
connection with the city's licensing, permitting, or regulatory matters.
Sec. 17-63. Effect of provisions on civil remedies.
This article shall neither add to nor detract from any civil remedies now available
to persons complaining of discrimination under this article.
Sec. 17-64. Criminal penalties for violation.
(a) A person who violates a provision of this article commits a criminal offense, a
Class C misdemeanor. A person is guilty of a separate criminal offense for each day or
part of a day during which a violation is committed, continued, or permitted.
(b) A criminal offense under this article is punishable in municipal court by a fine
of not less than $250.00 nor more than $500.00. In no event shall the aggregate of all
fines relating to the same complaint filed by a complainant exceed $5000.00.
(c) A person prosecuted for a violation of this article shall be entitled to a trial by
jury in municipal court.
Secs.17-65--17-100. Reserved.
ARTICLE VI. FAIR HOUSING
DIVISION 1. GENERAL PROVISIONS
Sec. 17-101. Prohibition against discrimination in housing.
It is the policy of the City of Houston to promote housing opportunities for all
persons. Such policy is established upon the recognition of the rights of each individual
to obtain housing without regard to a protected characteristic; and further that the denial
of such rights through considerations based on a protected characteristic is detrimental
to the health, safety, and welfare of the inhabitants of the city and constitutes an unjust
denial or deprivation of such rights which are within the power and the proper
responsibility of the city to prevent.
10
Sec. 17-102. Purpose.
The purposes of this article are:
(1) To provide for fair housing practices in the city;
(2) To create a procedure for investigating and settling complaints of
discriminatory housing practices and any residential real estate-related
transactions; and
(3) To provide rights and remedies substantially equivalent to those granted
under the Federal Fair Housing Act.
Sec. 17-103. Office established.
There is hereby established within the housing and community development
department the office of fair housing. The mission of the office of fair housing shall be to
monitor and evaluate fair housing opportunities in the city and to hear fair housing
complaints under this article.
Sec. 17-104. General duties of the office of fair housing.
The duties of the fair housing staff shall be:
(1) To study the nature and extent of discriminatory housing practices in both
the private and public sectors;
(2) To evaluate and assess the city's activities in connection with the
development of fair housing opportunities in the city;
(3) To recommend to the mayor and city council reasonable provisions and
programs to further fair housing opportunities in the city; and
(4) To investigate, process, and hear fair housing complaints under division 5
of this article, and complaints referred by federal or state agencies that are
filed under state or federal housing laws.
Sec. 17-105. Fair housing administrator.
(a) There is hereby created the office of fair housing administrator, who shall be
in charge of the office of fair housing. The fair housing administrator, who shall be
appointed by the mayor and confirmed by the city council, shall have the responsibility
for implementing and enforcing this article and may establish such rules and regulations
as are determined necessary to perform the duties of that office.
11
(b) The fair housing administrator shall cooperate with the Secretary of Housing
and Urban Development and the Attorney General of the United States in the
enforcement of the federal Fair Housing Act, and may assist the secretary or attorney
general in any way consistent with the policy of this article. The fair housing
administrator is encouraged to cooperate with the Texas Workforce Commission, Civil
Rights Division, in the enforcement of the Texas Fair Housing Act.
(c) The fair housing administrator shall treat a complaint referred by the
Secretary of Housing and Urban Development or the Attorney General of the United
States under the federal Fair Housing Act, or by the Texas Workforce Commission, Civil
Rights Division, under the Texas Fair Housing Act, as a complaint filed under this
article. No action will be taken under this article against a person for a discriminatory
housing practice if the referred complaint was filed with the governmental entity later
than one year after an alleged discriminatory housing practice occurred or terminated.
(d) The fair housing administrator may order discovery in aid of investigations
under this article. Such discovery may be ordered to the same extent and is subject to
the same limitations as would apply if the discovery were ordered in aid of a civil action
in a state district court of Harris County, Texas.
Secs.17-106--17-110. Reserved.
DIVISION 2. DEFINITIONS
Sec. 17-111. General definitions.
The following words, terms, and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Accessible means capable of being approached, entered, and used by a
person with a physical disability
Accessible route means a continuous unobstructed path connecting
accessible elements and spaces in a housing accommodation that can be
negotiated by a person with a severe disability using a wheelchair and that is
also safe for and usable by a person with other disabilities.
Aggrieved person means a person who claims to have been injured by a
discriminatory housing practice or believes that a person will be injured by a
discriminatory housing practice that is about to occur.
Building entrance on an accessible route means an accessible entrance to
a covered multi-family dwelling that is connected by an accessible route to public
12
transportation stops, to accessible parking and passenger loading zones, or to
the public streets or sidewalks, if available.
Complainant means a person, including the fair housing administrator,
who files a complaint under section 17-131 of this Code.
Conciliation means the attempted resolution of issues raised by a
complaint or by the investigation of the complaint, through informal negotiations
involving the aggrieved person, the complainant if different from the aggrieved
person, the respondent and the fair housing administrator.
Conciliation agreement means a written agreement setting forth the
resolution of the issues in the conciliation.
Covered multi-family dwelling means a building consisting of 4 or more
dwelling units if the building has one or more elevators; and a ground floor
dwelling unit in any other building consisting of four or more dwelling units.
Defense means a defense to criminal prosecution in municipal court as
explained in the Texas Penal Code. Defense also means, where specifically
provided, an exemption from a civil action.
Discriminatory housing practice means conduct that is an offense under
division 3 of this article.
Dwelling means any building, structure, or portion thereof which is
occupied as, or designed or intended for occupancy as, a residence by one or
more families, and any vacant land which is offered for sale or lease for the
construction or location thereon of any such building, structure, or portion thereof.
Dwelling unit means a single unit of residence for a family.
Fair housing administrator means the fair housing administrator of the fair
housing office designated to enforce and administer this article and includes the
fair housing administrator's designated representative and the inspector general.
Federal Fair Housing Act means the Fair Housing Act of 1968, 42 U.S.C.
§ 3601, et seq., as amended.
Housing accommodation means:
a. Any building, structure, or part of a building or structure that is
occupied, or designed or intended for occupancy as a residence for
one or more families; and
13
b. Any vacant land that is offered for sale or lease for the construction
or location of a building, structure. or part of a building or structure
described by part a of this definition.
Rent means and includes to lease, sublease, let or otherwise grant for
consideration the right to occupy premises not owned by the occupant.
Residential real estate-related transaction means:
a. The making or purchasing of loans or the providing of other
financial assistance:
[11 For purchasing, constructing, improving, repairing, or
maintaining a housing accommodation; or
[2J Secured by residential real estate; or
b. The selling, brokering, or appraising of residential real property.
Respondent means a person identified in a complaint or charge as having
committed a discriminatory housing practice under this article.
Texas Fair Housing Act means the act set forth in Chapter 301, Texas
Property Code.
DIVISION 3. DISCRIMINATORY HOUSING PRACTICES
Sec. 17-112. Discriminatory housing practices.
(a) A person commits an offense if he or she, because of a protected
characteristic:
(1) Refuses to negotiate with a person for the sale or rental of a housing
accommodation or otherwise denies or makes unavailable a housing
accommodation to a person;
(2) Refuses to sell or rent, or otherwise makes unavailable, a housing
accommodation to another person after the other person makes an offer
to buy or rent the accommodation; or
(3) Discriminates against a person in the terms, conditions, or privileges of, or
in providing a service or facility in connection with, the sale or rental of a
housing accommodation.
14
(b) A person commits an offense if he or she, because of a protected
characteristic:
(1) Represents to a person that a housing accommodation is not available for
inspection, sale, or rental if the accommodation is available;
(2) Discriminates against a prospective buyer or renter in connection with the
showing of a housing accommodation; or
(3) With respect to a multiple listing service, real estate brokers' organization,
or other business relating to selling or renting housing accommodations:
a. Denies a person access to or membership in the business; or
b. Discriminates against a person in the terms or conditions of access
to or membership in the business.
(c) A person commits an offense if he or she:
(1) For profit, induces or attempts to induce another person to sell or rent a
housing accommodation by a representation that a person of a protected
characteristic is in proximity to, is present in, or may enter into the
neighborhood in which the housing accommodation is located;
(2) Makes an oral or written statement indicating a preference or a policy of
discrimination based on a protected characteristic; or
(3) Prints or publicizes or causes to be printed or publicized an advertisement
that expresses a preference or policy of discrimination based on a
protected characteristic in the selling or renting of a housing
accommodation.
(d) A person who engages in a residential real estate-related transaction
commits an offense if he or she, because of a protected characteristic, discriminates
against a person:
(1) In making a residential real estate-related transaction available; or
(2) In the terms or conditions of a residential real estate-related transaction.
(e) A person commits an offense if he or she:
(1) Discriminates in the sale or rental of a housing accommodation to any
buyer or renter because of a disability of:
15
a. That buyer or renter;
b. A person residing in or intending to reside in the housing
accommodation after it is sold, rented, or made available; or
c. Any person associated with that buyer or renter; or
(2) Discriminates against any person in the terms, conditions, or privileges of
sale or rental of a housing accommodation, or in the provision of services
or facilities in connection with the housing accommodation, because of a
disability of:
a. That person;
b. A person residing in or intending to reside in the housing
accommodation after it is sold, rented, or made available; or
c. Any person associated with that person.
(f) A person commits an offense if he or she:
(1) Refuses to permit, at the expense of a person with a disability, reasonable
modifications of existing premises occupied or to be occupied by the
person with a disability, if the modifications may be necessary to afford the
person with a disability full use of the premises; except that, in the case of
a rental, the landlord may, where reasonable to do so, condition
permisSion for modification on the renter's agreeing to restore the interior
of the premises to the condition that existed before the modification,
reasonable wear and tear excepted;
(2) Refuses to make reasonable accommodations in rules, policies, practices,
or services when the accommodations may be necessary to afford a
person with a disability equal opportunity to use and enjoy a housing
accommodation;
(3) Fails to design or construct a covered multi-family dwelling for first
occupancy after March 13, 1991, in such a manner as to have at least one
building entrance on an accessible route, unless it is impractical to do so
because of the terrain or unusual characteristics of the site; or
(4) Fails to design and construct a covered multi-family dwelling, for first
occupancy after March 13, 1991, in such a manner that:
a. The public use and common use portions of the dwellings are
readily accessible to and usable by a person with a disability;
16
b. All the doors designed to allow passage into and within all premises
within the dwelling are sufficiently wide to allow passage by a
person with a disability in a wheelchair; and
c. All dwellings contain the following features of adaptive design:
[1J An accessible route into and through the dwelling unit;
[2J Light switches, electrical outlets, thermostats, and other
environmental controls in accessible locations;
[31 Reinforcements in the bathroom walls to allow installation of
grab bars; and
[4] Kitchens and bathrooms laid out in such a manner that an
individual in a wheelchair can maneuver about the space.
It shall be an affirmative defense to prosecution for discrimination on the basis of
disability under items (3) and (4) of this subsection for failing to design or construct a
covered multi-family dwelling if the construction of the covered multi-family dwelling was
in compliance with applicable state or federal laws relating to disability at the time of
construction.
(g) A person commits an offense if he or she coerces, intimidates, threatens, or
otherwise interferes with any person in the exercise or enjoyment of, or on account of
that person having exercised or enjoyed, or on account of that person having aided or
encouraged any other person in the exercise or enjoyment of, any right granted or
protected by this article.
(h) A person commits an offense if he or she retaliates against any person for
making a complaint or testifying, assisting, or participating in any manner in a
proceeding under this article.
(i) The provisions of this article do not apply to discrimination based on age.
fj) It shall be unlawful for a person to file a complaint in bad faith under this
article. For purposes of this article, bad faith means wholly without foundation in law or
fact, or done solely for the purpose of harassment.
Secs.17-113--17-120. Reserved.
17
DIVISION 4. EXEMPTIONS
Sec. 17-121. Certain sales and rentals exempted.
(a) Except as provided in subsection (b) of this section, and in accordance with
federal law:
(1) The sale or rental of a single-family house sold or rented by an owner
does not constitute an unlawful action under this article jf the owner does
not:
a. Own more than 3 single-family houses at anyone time; or
b. Own any interest in, nor is there owned or reserved on his or her
behalf, under any express or voluntary agreement, title to or any
right to any part of the proceeds from the sale or rental of more
than 3 single family houses at any time; and
(2) The safe or rental of rooms or units in a dwelling containing living quarters
occupied or intended to be occupied by no more than 4 families living
independently of each other does not constitute an unlawful act under this
article if the owner maintains and occupies one of the living quarters as
the owner's residence.
(b) The exemption in item (1) of subsection (a) of this section applies only when
there is one sale or rental in a 24-month period, if:
(1 ) The owner was not the most recent resident of the house at the time of or
prior to the sale or rental;
(2) The private, bona fide individual owner has sold or rented the house
without the use in any manner of the sales or rental facilities or the sales
or rental services of any real estate broker, agent, or salesman, or of such
facilities or services of any person in the business of selling or renting
dwellings, or of any employee or agent of any such broker, agent,
salesman, or person; and
(3) The private, bona fide individual owner has sold or rented the dwelling
without the publication, posting or mailing, after notice, of any
advertisement or written notice in violation of the federal Fair Housing Act.
Nothing in this section shall prohibit the use of attorneys, escrow agents,
abstractors, title companies, and other professional assistance as necessary to perfect
transfer of title.
18
Sec. 17·122. Religious organizations and private clubs exemption.
(a) This article does not prohibit a religious organization or a nonprofit institution
or organization operated, supervised, or controlled by or in conjunction with a religious
organization from, in accordance with federal law:
(1) Limiting the sale, rental, or occupancy of dwellings that it owns or operates
for other than a commercial purpose to persons of the same religion; or
(2) Giving preference to persons of the same religion, unless membership in
the religion is restricted because of a protected characteristic.
(b) This article does not prohibit a private club not open to the public that, as an
incident to its primary purpose, provides lodging that it owns or operates for other than a
commercial purpose, from limiting the rental or occupancy of that lodging to its
members or from giving preference to its members.
Sec. 17-123. Housing for the elderly exempted.
The provisions of this article relating to familial status, age and pregnancy do not
apply to housing for older persons.
Sec. 17-124. Appraisal exemption.
This article does not prohibit a person engaged in the business of furnishing
appraisals of residential real property from taking into consideration factors other than a
protected characteristic.
Sec. 17-125. Effect on other law.
This article does not affect a requirement of nondiscrimination in any other
ordinance or state or federal law.
Sec. 17-126. Effect on deed restrictions and other laws.
This article shall not be interpreted to interfere with the enforcement of a lawful
deed restriction or a limitation on the number of persons who may occupy a dwelling
unit that is otherwise permissible under federal or state law.
Sees. 17-127--17-130. Reserved.
19
DIVISION 5. ADMINISTRATIVE/COURT ENFORCEMENT
Sec. 17·131. Complaints.
(a) Complaints may be filed not later than one year after an alleged
discriminatory housing practice has occurred or terminated. Any aggrieved person may
file a complaint. The complaint may be filed with the assistance of an authorized
representative of an aggrieved person, including any organization acting on behalf of an
aggrieved person. The fair housing administrator may also file a complaint if he has
reasonable cause to believe that a person has committed a discriminatory housing
practice. If the complaint, other than a complaint referred pursuant to subsection (b) of
this section, states a claim that is within the jurisdiction of a federal or state agency, the'
fair housing administrator may refer the complaint to the appropriate agency for further
action and discontinue the investigation of the complaint.
(b) The fair housing administrator shall treat complaints referred by the
Secretary of Housing and Urban Development or the Attorney General of the United
States under the federal Fair Housing Act or by the Texas Workforce Commission, Civil
Rights Division, under the Texas Fair Housing Act as though filed under subsection (a)
above.
(c) A complaint must be made:
(1) In writing; and
(2) Under oath or affirmation by an aggrieved person, or by an individual on
behalf of an aggrieved person, stating: "I declare under penalty of perjury
that the foregoing is true and correct."
(d) Each complaint must contain substantially the following information:
(1) The name and address of the respondent.
(2) Name, address and signature of the complainant.
(3) The name and address of the aggrieved person if different from the
complainant.
(4) Date of the occurrence or termination of the discriminatory housing
practice and the date of filing of the complaint.
(5) A description and address of the dwelling that is involved in a
discriminatory housing practice.
20
(6) A concise statement of the facts constituting the alleged discriminatory
housing practice, including the basis for the discrimination (specifying the
relevant protected characteristic).
(e) A complaint may be reasonably and fairly amended at any time.
(f) Except as to complaints that are referred to a federal or state agency, within
10 days after the filing of a complaint, the fair housing administrator shall:
(1) Give the complainant, and the aggrieved person if different from the
complainant, written notice that the complaint has been received; and
(2) Advise the complainant, and aggrieved person if different from the
complainant, of the time limits applicable to the complaint and of any rights
and choice of forums under this article.
(g) Not later than the 10
th
day after the filing of the complaint, the fair housing
administrator shall serve on each respondent:
(1 ) A written notice that a complaint alleging the commission of a
discriminatory housing practice has been filed against the respondent;
identifying the alleged discriminatory housing practice; advising the
respondent of the procedural rights and obligations of a respondent under
this article, including the right to file a written, signed and verified informal
answer to the complaint within 10 days after service of notice of the
complaint; and setting out the rights and remedies of the aggrieved person
under the article; and
(2) A copy of the original complaint.
Sec. 17-132. Answer.
(a) Not later than the 10!h day after receipt of the notice and copy of the
complaint under subsection (g) of section 17-131 of this Code, a respondent shall file an
answer to the complaint.
(b) An answer to a complaint:
(1) Must be made in writing;
(2) May include the assertion of any defense that might be available to a
defendant in a court of law;
(3) Must be signed and affirmed by the respondent; and
21
(4) Must include an affirmation that states: "I declare under penalty of perjury
that the foregoing is true and correct."
(c) An answer may be reasonably and fairly amended at any time before the fair
housing administrator refers the matter to the city attorney for prosecution. The fair
housing administrator shall furnish a copy of each amended complaint or answer,
respectively, to each respondent or complainant, and to any aggrieved person who is
not the complainant, as promptly as is practicable.
(d) The filing of an answer does not inhibit the investigation of a complaint.
Sec. 17-133. Investigation.
(a) If the federal government or the state of Texas has referred a complaint to
the fair housing office or has deferred jurisdiction over the subject matter of a complaint
to the fair housing office, the fair housing office shall initiate an investigation of the
allegations set forth in the complaint.
(b) The fair housing office shall investigate all complaints within 30 days after a
complaint is filed, and, except as provided by subsection (c) of this section, shall
complete an investigation within 100 days after the date of filing of the complaint, and
shall dispose of all administrative proceedings related to the investigation not later than
one year after the date the complaint is filed.
(c) The fair housing administrator shall seek the voluntary cooperation of any
person to:
(1) Obtain access to premises, records, documents, individuals, and any
other possible source of information;
(2) Examine, record, and copy necessary materials; and
(3) Take and record testimony or statements of any person reasonably
necessary for the furtherance of the investigation.
(d) If the fair housing office is unable to complete an investigation within the time
periods prescribed by subsection (b) of this section the fair housing administrator shall
notify the complainant and the aggrieved person, if different from the complainant, and
the respondent, in writing, of the reasons for the delay.
(e) The fair housing administrator shall assist in the investigation of complaints
submitted to the fair housing office, and in preparing reports required under this article.
(f) Upon completion of an investigation where the fair housing administrator has
made a determination that a discriminatory housing practice has in fact occurred, if the
22
fair housing administrator is unable to secure from the respondent an acceptable
conciliation agreement, then the fair housing administrator shall refer matters within the
jurisdiction of HUD to HUD and refer all other matters to the city attorney for appropriate
action in accordance with this article.
(g) The fair housing administrator and the city attorney are authorized and
encouraged to cooperate with the Secretary of Housing and Urban Development
pursuant to the provisions of Title VIII of the Federal Fair Housing Act and may render
such service to the secretary as they shall deem appropriate to further the policies of
this article and may accept reimbursement from the Secretary for services rendered to
assist in carrying out the provisions of the above cited federal law.
(h) An investigation shall remain open until a reasonable cause determination is
made under section 17-137 of this Code, a conciliation agreement is executed and
approved under section 17-135 of this Code, or the complaint is dismissed under
section 17-139 of this Code. Unless impracticable to do so, the fair housing
administrator shall complete the investigation within the 1 O   d a y period prescribed in
subsection (b) of this section.
(i) This section does not limit the authority of the fair housing administrator to
conduct such other investigations or to use such other lawful enforcement procedures
as the fair housing administrator considers necessary to enforce this article.
(j) The fair housing administrator shall prepare a final investigative report
showing:
(1) The names of and dates of contact with witnesses;
(2) A summary, including dates, of correspondence and other contacts with
the aggrieved person and the respondent;
(3) A summary description of other pertinent records;
(4) A summary of witness statements; and
(5) Answers to interrogatories, if any.
Sec. 17-134. Additional or substitute respondent.
(a) The fair housing administrator may join a person not named in the complaint
as an additional or substitute respondent if, in the course of the investigation, the fair
housing administrator determines that the person should be accused of a discriminatory
housing practice. Within 10 days after the fair housing administrator's determination,
any additional or substitute respondent shall be served with notice and a copy of the
complaint, as provided in subsection (g) of section 17-131 of this Code.
23
(b) In addition to the information required in the notice under subsection (c) of
section 17-91 of this Code the fair housing administrator shall include in the notice to a
respondent joined under this section an explanation of the basis for the determination
that the person is properly joined as a respondent. The added respondent shall be given
an opportunity to file an answer to the complaint within 10 days after receipt of the
notice, as provided in section 17-132 of this Code.
Sec. 17-135. Conciliation.
(a) The fair housing administrator shall, during the period beginning with the
filing of a complaint and ending with issuance of charge under section 17-138 of this
Code, the dismissal of complaint under section 17-139 of this Code, or the dismissal of
a criminal action in municipal court, after consulting with the city attorney, where
feasible, engage in conciliation with respect to the complaint In conciliating a complaint,
the administrator shall try to achieve a just resolution and obtain assurances that the
respondent will satisfactorily remedy any violation of the aggrieved person's rights and
take action to assure the elimination of both present and future discriminatory housing
practices.
(b) The fair housing administrator shall conduct a conciliation negotiation of any
complaint received by the fair housing office, provided that all final conciliation
agreements shall be submitted to the city attorney for review and approval.
(c) If a conciliation agreement is executed under this section, a party to the
agreement may not be prosecuted in municipal court, nor may the fair housing
administrator issue a charge against a party, for the discriminatory housing practice
specified in the conciliation agreement under this section unless the fair housing
administrator determines that the agreement has been violated and notifies the city
attorney in writing of the violation.
(d) A conciliation agreement must be in writing in the form approved by the city
attorney and must be Signed and verified by the respondent, the complainant, and the
aggrieved person if different from the complainant, subject to approval of the fair
housing administrator who shall indicate approval by signing the agreement. A
conciliation agreement is deemed executed upon its signing and verification by all
parties to the agreement.
(e) A conciliation agreement executed under this section must contain:
(1) Identification of each discriminatory housing practice and each
corresponding respondent that gives rise to the conciliation agreement
under this section that the parties agree to make subject to the limitation
on prosecution in subsection (c) of this section;
24
(2) An identification of the housing accommodation subject to the conciliation
agreement;
(3) A statement that each party entering into the conciliation agreement
agrees not to violate this article or the conciliation agreement; and
(4) Any other term or condition agreed to by the parties.
(f) The conciliation agreement may provide for binding arbitration or other
method of dispute resolution. Dispute resolution resulting from a conciliation agreement
may authorize appropriate relief, including monetary relief (in the form of damages,
including humiliation and embarrassment, and attorney fees) and equitable relief (such
as access to the housing accommodation at issue, or to a comparable housing
accommodation, and provision of services at facilities in connection with a housing
accommodation) .
(g) Nothing said or done in the course of conciliation may be made public or
used as evidence in a subsequent proceeding under this article without the written
consent of the persons concerned.
(h) After completion of the investigation, the fair housing administrator shall
make available to the aggrieved person and the respondent, at any time, information
derived from the investigation as well as the final investigative report.
(i) A conciliation agreement may be made public, unless the aggrieved person
and the respondent request non-disclosure and the fair housing administrator
determines that disclosure is not required to further the purposes of this article.
Notwithstanding a determination that disclosure of a conciliation agreement is not
required, the fair housing administrator may publish tabulated descriptions of the results
of all conciliation efforts.
0) If the aggrieved person brings a civil action under a local, state, or federal law
seeking relief for the alleged discriminatory housing practice and the trial in the action
begins, the fair housing administrator shall terminate efforts to conciliate the complaint
unless the court specifically requests assistance from the fair housing administrator.
The fair housing administrator may also terminate efforts to conciliate the complaint if:
(1) The respondent fails or refuses to confer with the fair housing
administrator;
(2) The aggrieved person or the respondent fails to make a good faith effort to
resolve any dispute; or
(3) The fair housing administrator finds, for any reason, that voluntary
agreement is not likely to result.
25
Sec. 17-136. Violation of conciliation agreement.
(a) A person commits an offense if, after the person executes a conciliation
agreement under section 17-135 of this Code, he or she violates any term or condition
contained in the agreement.
(b) It is no defense to criminal prosecution in municipal court under this section
that, with respect to a discriminatory housing practice that gave rise to the conciliation
agreement under section 17-135 of this Code:
(1) The respondent did not commit the discriminatory housing practice; or
(2) The fair housing administrator did not have probable cause to believe the
discriminatory housing practice was committed.
(c) If the fair housing administrator determines that a conciliation agreement has
been violated, the fair housing administrator shall give written notice to all parties
subject to the agreement.
(d) When the fair housing administrator has reasonable cause to believe that a
respondent has breached a conciliation agreement, the fair housing administrator shall
refer the matter to the city attorney for appropriate action in accordance with this article.
Sec. 17-137. Reasonable cause determination.
(a) A panel consisting of a fair housing investigator representative, the city
attorney, and the fair housing administrator, shall determine based on all the facts
whether reasonable cause exists to believe that a discriminatory housing practice has
occurred or is about to occur.
(b) The panel shall make the determination under subsection (a) of this section
not later than the 1 oath day after the date a complaint is filed unless:
(1) It is impracticable to make the determination; or
(2) The city attorney has approved a conciliation agreement relating to the
complaint.
(c) If it is impracticable to make the determination within the time period provided
by subsection (b) of this section, the panel shall notify the complainant, and the
aggrieved person if different from the complainant, and the respondent, in writing, of the
reasons for the delay.
26
(d) If the city attorney determines that no reasonable cause exists to believe that
a discriminatory housing practice has occurred, the city attorney shall issue to the fair
housing administrator a short and plain written statement of the facts upon which the
city attorney based the no reasonable cause determination. If the city attorney issues
such a statement, the panel shall automatically determine that no reasonable cause
exists to believe that a discriminatory practice has occurred or is about to occur.
(e) If the panel determines that reasonable cause exists to believe that a
discriminatory housing practice has occurred or is about to occur, the city attorney shall
proceed with appropriate enforcement action.
Sec. 17-138. Charge.
(a) A charge issued under section 17-137 of this Code:
(1) Must consist of a short and plain statement of the facts upon which the fair
housing administrator and the city attorney have found reasonable cause
to believe that a discriminatory housing practice has occurred or is about
to occur;
(2) Must be based on the final investigative report; and
(3) Need not be limited to the facts or grounds alleged in the complaint.
(b) Not later than the twentieth day after the fair housing administrator issues a
charge, the fair housing staff shall send a copy of the charge to:
(1) Each respondent; and
(2) Each aggrieved person on whose behalf the complaint was filed.
Sec. 17-139. Dismissal.
(a) A complaint shall be dismissed by the fair housing administrator during the
investigation and prior to referral to the city attorney when the fair housing administrator
determines that:
(1) The complaint was not timely filed;
(2) The location of the alleged discriminatory housing practice is not within the
city's jurisdiction;
(3) The alleged discriminatory housing practice is not a violation of this article;
27
(4) The complainant, or the aggrieved person if different from the
complainant, refuses to cooperate with the fair housing administrator in
the investigation of the complaint or enforcement of the executed
conciliation agreement; or
(5) The complainant, or the aggrieved person if different from the
complainant, cannot be located after the fair housing administrator has
performed a reasonable search.
(b) A criminal action may be dismissed by a municipal judge upon motion of the
city attorney, if after the city attorney files the action charging a respondent with a
discriminatory housing practice, a conciliation agreement is executed under section 17-
135 of this Code before the trial begins in municipal court.
(c) The fair housing administrator shall notify the complainant, the aggrieved
person if different from the complainant, and the respondent of the dismissal of the
complaint, including a written statement of facts, and may make public disclosure of the
dismissal unless the respondent requests that no public disclosure be made.
Sec. 17-140. Criminal penalties for violation.
(a) A person who violates a provision of this article commits a criminal offense, a
Class C misdemeanor. A person is guilty of a separate criminal offense for each day or
part of a day during which a violation is committed, continued, or permitted.
(b) A criminal offense under this article is punishable in municipal court by a fine
of not less than $250.00 nor more than $500.00. In no event shall the aggregate of all
fines relating to the same complaint filed by a complainant exceed $5000.00.
(c) A person prosecuted for a violation of this article shall be entitled to a trial by
jury in municipal court.
28
EXHIBIT B
5/5/2014
Sec. 15·17. Equal employment opportunity clause.
All contracts entered into by the city involving the expenditure of $10,000.00 or
more of city funds ("nonexempt city contracts") shall incorporate an equal employment
opportunity clause, which shall read as follows:
"EQUAL EMPLOYMENT OPPORTUNITY
"1. The contractor, subcontractor, vendor, supplier, or lessee will not discriminate
against any employee or applicant for employment because of sex, race, color,
ethnicity, national origin, age, familial status, marital status, military status,
religion, disability, sexual orientation, genetic information, gender identity,
pregnancy, or any other legally protected characteristic. The contractor,
subcontractor, vendor, supplier, or lessee will take affirmative action to ensure
that applicants are employed and that employees are treated during
employment without regard to their sex, race, color, ethnicity, national origin,
age, familial status, marital status, military status, religion, disability, sexual
orientation, genetic information, gender identity, pregnancy, or any other legally
protected characteristic. Such action will include, but not be limited to, the
following: employment; upgrading; demotion or transfer; recruitment advertising;
layoff or termination; rates of payor other forms of compensation and selection
for training, including apprenticeship. The contractor, subcontractor, vendor,
supplier, or lessee agrees to post in conspicuous places available to
employees, and applicants for employment, notices to be provided by the city
setting forth the provisions of this equal employment opportunity clause.
"2. The contractor, subcontractor, vendor, supplier, or lessee states that all
qualified applicants will receive consideration for employment without regard to
sex, race, color, ethnicity, national origin, age, familial status, marital status,
military status, religion, disability, sexual orientation, genetic information, gender
identity, pregnancy, or any other legally protected characteristic.
"3. The contractor, subcontractor, vendor, supplier, or lessee will send to each
labor union or representative of workers with which it has a collective bargaining
agreement or other contract or understanding a notice to be provided by the
agency contracting officer advising the said labor union or workers'
representative of the contractor's and subcontractor's commitments under
Section 202 of Executive Order No. 11246, as amended or superseded, and
shall post copies of the notice in conspicuous places available to employees
and applicants for employment
"4. The contractor, subcontractor, vendor, supplier, or lessee will comply with all
provisions of Executive Order No. 11246, as amended or superseded, and the
rules, regulations, and relevant orders of the secretary of labor or other federal
agency responsible for enforcement of the equal opportunity and affirmative
action provisions applicable and will likewise furnish all information and reports
1 5/5/2014
required by the mayor and/or contract administrator(s) for purposes of
investigation to ascertain and effect compliance with this program.
"5. The contractor, subcontractor, vendor, supplier, or lessee will furnish all
information and reports required by Executive Order No. 11246, as amended or
superseded, and by the rules, regulations, and orders of the secretary of labor,
or pursuant thereto, and will permit access to all books, records, and accounts
by the appropriate city and federal officials for purposes of investigations to
ascertain compliance with such rules, regulations, and orders. Compliance
reports filed at such times as directed shall contain information as to the
employment practice policies, program, and workforce statistics of the
contractor, subcontractor, vendor, supplier, or lessee.
"6. In the event of the contractor's, subcontractors, vendor's, supplier's, or lessee's
noncompliance with the nondiscrimination clause of this contract or with any of
such rules, regulations, or orders, this contract may be cancelled, terminated, or
suspended in whole or in part, and the contractor, subcontractor, vendor,
supplier, or lessee may be declared ineligible for further city contracts in
accordance with procedures provided in Executive Order No. 11246, as
amended or superseded, and such other sanctions may be imposed and
remedies invoked as provided in the said executive order, or by rule, regulation,
or order of the secretary of labor, or as may otherwise be provided by law.
1f7. The contractor shall include the provisions of paragraphs 1-8 of this equal
employment opportunity clause in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the secretary of labor issued
pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965,
as amended or superseded, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any
subcontractor or purchase order as the contracting agency may direct as a
means of enforcing such provisions including sanctions for noncompliance;
provided, however, that in the event the contractor becomes involved in, or is
threatened with litigation with a subcontractor or vendor as a result of such
direction by the contracting agency, the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
"8. The contractor shall file and shall cause each of his subcontractors, if any, to
file compliance reports with the city in the form and to the extent as may be
prescribed by the mayor. Compliance reports filed at such times as directed
shall contain information as to the practices, policies, programs, and
employment policies and employment statistics of the contractor and each
subcontractor. Il
2 5/5/2014
Tab 2
Whereas, The City of Houston's City Council adopted an ordinance that in addition to other grievances allows a biological male to enter women's restrooms by
declaring that his expression of gender is female, thereby threatening the physical and emotional safety of women and girls; that threatens to penalize businesses
for interfering with such behavior and doing business according to their faith and conscience; that uses ambiguous terms; and that creates a new investigative
bureaucracy in Houston to define what is a religious organization, we as registered voters in the city of Houston exercise our right to referendum as per Article
VII-b, Section 4 of the City of Houston Charter:
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF HOUSTON:
We, the undersigned hereto, who are qualified voters of the City of Houston, request that the City of Houston City Council's enactment of Ordinance No.
2014.(to be filled inl, otherwise known as the 'Equal Rights Ordinance', be nullified in its entirety."
SIGNERS MUST BE ELIGIBLE TO VOTE FOR MAYOR OF HOUSTON; PLEASE PRI NT CAREFULLY ANO COMPLETE ALL INFORMATION AS SHOWN ON YOUR VOTER 10
r     ! "-----r-' .. -----
VOTER ID# FIRST LAST ADDRESS ZIP SIGNATURE
.--_.--_.--
1----+--' ------
I-
--- -__l_ -I .- - ---.. -
--- --.- I - +---------. - ·--11- --- .---.----.------.- --1
1-- -----.----+.---.... ----.---- - ...--.---.. ---- +------+------
I- I .---+---------- +-------.-----.--

§ STATE OFTEXAS
§ COUNTY OF HARRIS
I, , being first duly sworn on oath depose and say: that I am one of the signers of the above petition, that the statements made therein are true, and
that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is a genuine signature of the
person whose name it purports to be.
Sworn to and subscribed before me this day of , 2 _____ . Notary Public, State of Texas
EXHIBIT
I
Tab 3
Exhibit 3 to Original Emergency Petition
for Writ of Mandamus

This exhibit is a CD. The original will be
filed in person with the Clerk.
Tab 4
CITY OF HOUSTON
Interoffice
Office of the City Secretary
To: Mayor Annise D. Parker
and Members of City Council
From: Anna Russell
City Secretary
Date: August 1, 2014
Correspondence
Subject: REFERENDUM PETITION -
Ordinance 2014-530
At approximately 3:30 p.m. on July 3, 2014, a petition was filed in the Office of the City
Secretary containing 5,196 pages which purports to be submitted pursuant to Article Vllb of the
City Charter which outlines procedures for legislation by the voters.
Article Vllb of the Charter as amended by Article V, Section 10 provides that in the event that a
petition is signed by qualified voters equal to ten percent (10%) of the total vote cast for Mayor
at the City General Election held within the three years next preceding the date of the filing of
the petition.
As provided by Article Vllb, Section 2(b}, as amended by Article V, Section 10, I am able to
certify that:
1. The greatest total vote cast for Mayor at a City General Election held within the three
years next preceding the date of the filing of the petition was 172,694 at the City
General Election held on November 5, 2013;
2. 10% of this figure is 17,269; and
3. The number of signatures verified on the petition submitted on July 3, 2014 is 17,846
The Texas Election Code, Section 277.002 together with the City Charter Article Vllb, Section 2,
Article Vila, Section 3 and Article IX, Section 3 provide the requirements for the validity of
petition signatures.
A total of 19,177 signatures were checked. The names were checked against the Harris County
list of qualified voters and were checked to determine whether the address was within the City
of Houston.
17,846 signatures appearing on the petition contained correct information as required being
(1) signature, (2) printed name, (3) voter registration numberlresidence address; and (4) date of
signing .
. / ,JJ" !!Ilgnetures failed lo fJI uviuu one or 1110re of the requirements listed above or w   r r ~ not
found on the list of qualified voters or were listed outside the City of Houston.
EXHIBIT
,
As of July 27,2014, the number of qualified City of Houston voters who signed the petition had
been verified with a margin of error.
According to the City Attorney's Office and reviewed by the City Secretary the analysis of the
City Attorney's Office, 2,750 pages containing 16,010 signatures do not contain sufficient
acknowledgment as required by the Charter. Therefore, according to the City Attorney's Office
only 2,449 pages containing 15,249 signatures can lawfully be considered toward the signatures
required.
AR:pj
Attachment: Copy of Memo from City Attorney
Copy of page of petition
Anna Russell
City Secretary
It'"    
I
I NO"l RIGHTSI
10
Biological males ARE IN FACT allowed to enter women's rest rooms in Houston under Mayor Annise Parker's
"Equal Rights Ordinance", thereby threatening the physical and emotional safety of our women and children!
Her ERa creates UNequal Rights for a tiny group of people by taking away rights of safety arid privacy for the vast
majority of our women and childrenl
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF HOUSTON:
fl. QUal
. ,
We, the undersigned hereto, who are qualified voters of the City of Houston, request that the City of Houston City Council's enactment of Ordinance No. 2014-
530, otherwise known as the 'Equal Rights Ordinance', be repealed in its entirety."
SIGNERS MUST BE REG13TERED TO flOTE AND ELIGIBLE TO VOTE FOR MAYOR OF HOUSTON: PLEASE PRINT AND COMPLETE ALL INFORMATION AS SHOWN Q!:!..I!lJ!..R VOTER ID
I I LAST STREET NUMBER AND NAME ZIP Ait6
-
I It (081 (31 bEJl:i4<.D I uJ I 179 ,r14IFIt!.:>otVC/Zop,

3 __

§ STATE OF TEXAS
§ 11M r
) I, being fl st uly sworn on oath depose and say: that I am one of the signers of the above petition, that the statements made therein are true, and that
I t each signature appearing thereto was made in my pres ce on the day and date it purports to have been made, and I solemnly that the same is a genuine signature of the person
whose name it pUr;:lorts to be. I I tf\. '::/:.
Sworn to and subscribed bebre me this 7--r day 0 /I./1f.J.- 2 0 ( . Notary Public, State of Texas
www.NoUNequalrights.com
CITY OF HOUSTON
Interoffice
To:
cc:
Anna Russell
City Secretary
Mayor Annise Parker
Legal Department
o -:i]I./t 'o-f/--.-/'
From: ~   DavCi Feldman
j\J City Attorney
Date: August 4. 2014
Correspondence
Subject: Referendum Petition to Repeal
Ordinance No. 2014-530
Based on the Legal Department's analysis. the stamped petition pages listed in the attached
exhibit are invalid under the City's Charter (Articles Vila, Sec. 3 and VI/b) for the reasons shown
on the attached and therefore cannot be considered for purposes of computation of the number
of signatures required for the referendum petition on Ordinance No. 2014-530.
I feel it essential to provide this information to you, as the following pages cannot lawfully be
counted towards the required number of signatures.
Attachment
,
Exhibit A .. List of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 1 of 26
Invalid Pages because Legal was not able to confirm that Circulator also validly signed the petition
Total No. Pages- 347
Total No. Signatures- 2.694**
tamped No. Stamped No. Stamped No. Stamped No.
;>age No. Signatures Page No. Signatures Page No. Signatures Page No. Signatures
4 1 625 9 1179 2 2445 7
I
7 1 632 1 1180 0 2446 4
8 1 657 10 1248 10 2447 5
33 11 658 1
1'1Aa
8 2448 3
34 12 659 1 1250 9 2449 4
50 2 660 2 1540 1 2536 2
68 8 661 6 1541 1 2562 4
76 4 695 3 1542 3 2564 2
84 3 696 8 1543 4 2579 4
89 3 725 6 1544 2 2588 6
91 3 126 11 1545 2 2589 4
92 9 730 9 1559 9 2590 11
93 6 835 1 1560 10 2621 1
94 6 831 2 1562 1 2831 2
95 3 838 2 1563 1
   
7
121 4 893 6 1564 2 5'
144 8 894 5 1565 4 2860 2
146 5 895 10 1566 5 2861 6
193 14 896 9 1568 8 2862 8
210 4 897 4 1569 6 2951 2
212 10 1051 11 1570 3 2952 5
213 5 1052 3 1577 3 2971 3
253 3 1079 1 1670 1 2972 5
254 4 1089 7 1749 12 3072 1
258 2 1090 8 1776 1 3073 9
329 6 1107 4 2306 4 3074 10
330 3 1109 2 2307 8 3075 6,
332 1 1150 8 2336 1 3086 5
373 11 1151 4 2337 4 3087 3
374 13 1165 8 2440 11 3096 1
416 3 1166 9 2441 10 3143 9
465 12 1167 9 2442 12 3162 2
563 9 1176 0 2443 8 3163 9
583 5 1177 0 2444 11 3161 4
,
I
Exhibit A- List of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 2 of 26
Stamped No. Stamped No. Stamped No. Stamped No.
Page No. Signatures Page No. Signatures Page No. Signatures page No. Signatures
3240 4 3522 11 4198 4687 12
3255 2 3523 13 4199 4688 12
3292 9 3524 81 4200 3 4689 7
3293 11 3525 11 4204 13 4752 8
3294 7 3527 2 4205 11 4753 11
3295 12 3528 3 4206 10 4754 14
3296 7 3563 7 4207 5 4755 12
3297 9 3613 9 4208 9 4756 11
3298 5 3635 7 4209 4 4757 12
3299 8 3678 11 4212 7 4758 6
3300 7 3679 11 4213 12 4759 1
3301 8 3683 10 4310 13 4760 12
3302 6 3699 7 4496 15 4761 7
3306 1 3701 11 4497 15 4762 14
3309 3 3706 11 4498 15 4763 15
3311 5 3746 5 4499 15 4764 13
3316 14 3798 8 4500 14 4765 15
3317 6 3799 6 4501 15 4766 7
3318 9 3800 8 4502 15 4789 13
3319 9 3801 9 4503 15 4790 13
3320 4 3806 5 4504 15 4791 10
3321 5 3827 2 4505 13 4792 11
3322 7 3852 3 4506 15 4793 10
3323 10 3904 6 4507 12 4794 10
3324 9 3905 4 4508 13 4795 11
3348 6 3914 7 4509 15 5057 2
3430 3 4128 10 4510 12 5058 8
3435 2 4129 10 4511 13 5059 6
,
3436 13 4131 11 4512 13 5060 6
3437 6 4193 7 4513 12 5061 5
3460 5 4194 6 4514 13 5062 13
3465 5 4195 9 4684 10 5063 8
3520 12 4196 8 4685 9 5064 11
3521 14 4197 3 4686 10 5065 7
.. -
I
Exhibit A- List of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page30f26
stamped No Stamped No. Stamped No. mped No.
 
Page No. Signat Page No. Signatures Page No, Signatures No. Signatures
5066 12 5100 12 5152 12
5067 5 5101 12 5153 10
i
5068 9 5102 9 5154 8
5069 12 5103 10 5155 9
5070 9 5104 12 5156 10
5071 11 5123 12 5157 7
5072 13 5124 14 5158 11
5073 11 5125 3
5074 11 5126 11
5015 14 5127 2
5076 2 5128 5
5077 9 5129 10
5078 14 5130 14
5079 15 5131 13
5080 14 5132 7
5081 13 5133 5
5082 12 5134 11
5083 8 5135 10
5084 14 5136 7
5085 11 5137 11
5086 11 5138 12
5087 10 5139 8
5088 13 5140 13
5089 14 5141 2
5090 13 5142 6
5091 9 5143 12
5092 7 5144 14
5093 8 5145 15
5094 11 5146 5
5095 9 5147 13
5096 11 5148 15
5097 8 5149 6
5098 11 5150 7
5099 12 5151 3
Exhibit A· List of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page4of26
Invalid Pages dye to Illegible Circulator Name
TomINo.Pages-164
Toml No. Signatures- 4.911*'
No. :[;'Pod
No.
Signatures e No. Signatures
80 2 531 10
81 3 532 9
82 3 536 2
117 2 559 2
153 6 653 11
186 2 654 12
201 2 662 13
208 3 663 11
209 4 684 10
259 1 685 15
260 4 686 12
352 10 681 12
353 11 688 15
354 10 689 10
355 10 690 10
356 10 691 13
417 2 692 15
418 4 693 12
419 1 707 12
420 1 708 12
422 3 712 9
466 7 714 10
486 4 715 5
496 2 716 7
500 7 711 12
501 2 718 14
502 2 719 13
511 12 720 11
512 12 748 9
513 13 753 10
514 8 754 Y
515 7 755 3
529 11 756 3
530 2 757 4
Stamped No. Stamped No.
Page No. Signatures Page No. Signatures
806 9 1145 10
809 12 1141 10
811 13 1148 11
812 15 1149 8
858 10 1251 6
881 12 1252 5
917 2 1253 12
1004 10 1254 7
1029 1 1255 5
1030 5 1256 5
1031 13 1257 7
1032 10 1258 9
1033 14 1259 7
1034 15 1260 7
1077 7 1261 5
1078 1 1262 7
1081 8 1263 9
1096 11 1264 8
1097 5 1265 6
1101 2 1266 7
1131 15 1267 4
1132 14 1268 10
1133 10 1269 5
1134 8 1210 3
1135 5 1211 5
1136 10 1212 2
1137 10 1273 3
1138 13 1274 11
1139 7 1275 4
1140 10 1276 5
.-
1141 10 1277 5
1142 7 1278 7
1143 13 1279 4
1144 7 1280 9
Exhibit A-list of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 5 of 26
tamped
No. JStamped
No. No. Stamped No.
age No. Signatur Page No. Signatur Signatures Page No. Signatures
1281 5 1383 6 2010 9 2565 3
1282 3 1384 8 2011 1 2566 3
1283 8 1385 13 2046 9 2567 5
1284 9 1386 14 2141 9 2568 3
1285 11 1387 4 2142 10 2569 3
1286 4 1388 12 2143 13 2570 5
1287 9 1449 6 2144 1 2571 5
1288 10 1450 2 2145 4 2572 8
1289 11 1451 4 2146 4 2573 4
1290 6 1452 2 2147 9 2578 3
1291 13 1453 4 2148 10 2594 1
1292 14 1491 9 2149 12 2607 12
1293 12 1498 9 2150 14 2628 3
1294 13 1499 2 2217 7 2630 12
1295 13 1500 3 2308 11 2669 7
1296 8 1503 11 2309 14 2671 6
1291 9 1517 9 2318 0 2672 11
1298 7 1518 7 2406 7 2673 13
1299 12 1520 3 2407 4 2674 13
1300 13 1561 7 2408 8 2675 13
1301 6 1639 6 2409 1 2676 7
1302 11 1726 4 2410 3 2617 8
1303 3 1727 2 2411 6 2678 12
1340 3 1750 12 2412 3 2679 10
1341 6 1751 6 2413 5 2680 14
1342 6 1754 12 2414 3 2681 12
1343 10 17S5 5 2427 8 2682 14
1344 3 1756 8 2428 3 2683 14
1345 4 1757 9 2429 5 2684 13
1346 7 1758 5 2430 4 2685 15
1348 3 1759 9 2434 0 2686 14
1369 10 1763 9 2462 10 2687 13
1370 12 2006 6 2463 1 2688 5
L
1371 1 2007 4 2464 1 2689 10
, .... -
,
Exhibit A· List of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 6 of 26
Stamped No. Stamped No. II Stamped No. Stamped No.
Page No. Signatures Page No. Signatures Page No. Signatures Page No. Sjgnatures
2690 12 2729 4 2763 :2 2797 1
2691 12 2730 0 2764 0 2798 0
2692 12 2731 0 2765 4 2799 1
2693 8 2732 0 2766 6 2800 2
2694 2. 2733 0 2767 2 2801 0
2695 2. 2734 0 2768 3 2802 1
2696 3 2735 0 2769 1 2803 4
2697 10 2736 0 2770 1 2804 0
2698 6 2737 0 2771 2 2808 4
2699 11 2738 0 2772 4 2809 1
2700 6 2739 0 2773 1 2810 3
2701 2. 2740 0 2774 1 2811 4
2702 4 2741 0 2775 0 2812 7
2703 7 2742 0 2716 3 2813 6
2704 10 2743 0 2177 2 2814 2
2705 7 2744 0 2778 4 2849 8
2706 7 2745 0 2779 2. 2856 8
2107 6 2746 0 2780 3 2857 6
2708 S 2747 0 2181 0 2884 15
2709 2 2748 0 2782 2 2920 14
2710 S 2749 0 2183 3 2921 6
2111 5 2150 0 2784 3 2932 6
2717 0 2751 0 2785 0 2933 4
2118 0 2752 0 2786 1 2934 4
2719 0 2753 0 2787 2 2935 8
  ~
0 2754 0 2788 1 2936 8
27 0 2155 0 2789 1 2937 4
2122 0 2156 0 2190 0 2938 6
2723 0 2751 0 2791 0 2939 2
2724 0 2758 0 2792 0 2940 1
2725 0 2759 1 2793 0 2941 2
2726 3 2760 a 2794 1 2942 8
2727 5 2761 2. 2795 0 2946 .s
2728 1 2762 2 Z7Q6 2 2973 ~
~ ... -
Exhibit A· List of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 70126
No. Stamped No. Stamped No . Stamped No.
o. Signatures . Page No. Signatures   Signatures Page No. Signatures
2974 3 3090 2 3339 4 3414 13
2975 2 3091 4 3340 7 3415 8
2976 6 3095 7 3343 4 3416 11
2977 3 3144 10 3344 3 3417 9
2978 6 3146 7 3345 4 3418 11
2979 4 3147 4 3360 8 3419 5
2980 3 3148 6 3361 5 3420 9
2981 2 3149 12 3362 8 3421 11
2982 8 3151 4 3363 13 3422 6
2983 2 3212 1 3364 13 3423 5
2984
g
3213 3 3365 5 3464 3
2985 0 3214 9 3366 6 3467 5
2986 4 3215 6 3367 1 3468 9
2987 7 3216 9 3368 6 3483 4
2988 9 3217 7 3369 2 3484 4
2989 13 3218 10 3310 2 3485 10
2990 7 3219 5 3371 4 3486 4
2991 8 3220 11 3372 5 3500 5
2992 3 3221 5 3373 3 3501 6
3055 12 3222 11 3374 6 3502 9
3056 4 3223 7 3375 5 3503 8
3057 8 3224 9 3376 10 3504 7
3060 11 3225 10 3317 11 3505 7
3063 6 3226 5 3378 9 3506 10
3064 10 3227 7 3379 7 3507 4
3065 10 3228 3 3380 7 3508 6
3066 7 3244 5 3394 6 3509 6
3067, 7 3259 1 3397 6 3510 5'
3068 10 3260 5 3408 9 3511 9
3069 11 3262 1 3409 4 3512 5
3070 12 3271 1 3410 1 3513 6
3071 6 3285 13 3411 2 3514 6
3088 3 3303 9 3412 10 3515 3
3089 4 3312 S 3413 6 3518
!j
i
Exhibit A· List of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 8 of 26
Stamped
NO,=! Stam""d   ~ No,
Stamped No.
Page No. Signatu Page No. , Signat age No. Signatures Page No. Signatures
3519 11 3583 3 3788 3 3929 5
3526 3 3592 8 3796 8 3930 9
3530 7 3612 9 3797 8 3931 6
3533 2 3615 9 3822 1 3932 6
3534 2 3633 9 3826 2 3933 13
3535 8 3634- 7 3830 15 3934 7
3536 8 3636 7 3833 13 3935 12
3537 5 3652 4 3834- 13 3936 6
.3538 7 3654 5 3840 14 3937 2
3539 12 3656 8 3842 14 3938 5
3540 11 3680 11 3843 13 3939 9
3541 7 3681 10 3844 14 3945 6
3542 7 3703 11 3845 15 3954 7
3543 5 3704 11 3846 15 3956 11
3544 1 3705 11 3849 3 3968 13
3564 2 3707 11 3850 3 3969 11
3565 8 3716 7 3851 3 3970 11
3566 7 3719 12 3864 12 3911 8
3567 8 3723 8 3 13 3972 14
3568 5 3732 6 3866 12 3985 1
3569 7 3733 11 3867 12 3986 3
3570 9 3736 10 3876 12 3987 4
3571 5 3740 10 3880 11 3988 3
3572 7 3741 10 3891 8 3989 4
3573 5 3742 10 3896 6 3991 1
3574 3 3757 12 3906 4 3994 6
3575 10 3760 13 3909 2 4042 7
3576 7 3766 12 3910 2 4043 7
35n 13 3767 15 3911 3 4044 5
3578 12 3783 6 3912 10 4045 6
3579 11 3784 4 3913 8 4046 4
3580 4 3785 1 3925 2 4047 7
3581 5 3786 11 3926 4 4048 10
3582 4 3787 5 1q18 8 4049 11
'-
I
Exhibit A- list of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 9 of 26
Stamped No. No. Stamped No. Stamped No.
Page No. Signatures Signatures Page No. Signatures Page No. Signatures
4050 8 4321 10 4542 1
4051 5 4322 9 4543 1
4052 5 4323 10 4544 4
4132 9 4324 5 4545 8
4133 12 4325 5 4546 4
4134 1 4326 10 4550 4
4154 6 4327 10 4551 7
4174 7 4329 6 4552 8
4175 4 4330 8 4553 1
4176 7 4331 8 4554 6
4177 2 4332 8 4555 6
4244 8 4333 8 4556 9
4246 8 4341 4 4557 3
4247 8 4342 5 4558 2
4249 8 4343 7 4559 6
Box E, p.
656 (not
bate
4256 6 4344 6 stamped) 4
4257 6 4345 1
4258 6 4346 4
4269 11 4347 5
4277 3 4400 10
4278 9 4528 8
4279 8 4529 6
4297 1 4530 6
4298 2 4531 2
4311 1 4532 6
4312 13 4533 7
4313 8 4534 9
4314 13 4535 8
4315 10 4536 3
4316 2 4537 6
4317 12 4538 4
4318 8 4539 4
4319 1 4540 6
4320 9 4541 5
Exhibit A-list of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 100f26
Invalid Pages because Circulator did not sign his/her name
Total Pages-1,268
Total Signatures- 6,443**
Stamped No. Stamped No. Stamped
::::J Stamped
No.
Page No. Signatures Page No. Signatures Page No. Sign Page No. Signatures
10 8 218 2 345 2 476 2
13 1 225 5 346 3 477 5
14 2 226 1 351 12 479 2
15 5 227 3 351 1 482 9
18 4 230 3 368 10 483 3
39 5 231 1 316 1 485 5
40 2 232 3 371 2 '487 2
45 3 233 1 378 3 488 2
46 1 234 3 379 1 489 1
55 2 235 11 381 3 50S 7
56 2 236 8 382 8 506 11
57 0 261 6 383 5 507 2
58 1 262 3 384 1 508 5
59 5 268 6 385 5 509 S
60 7 280 6 386 3 510 4
63 7 281 8 387 2 518 2
12. 2 282 1 388 2 519 2
14 2 309 3 403 2 521 4
96 2 310 1 404 2 538 8
97 2 311 2 405 2 539 1
99 1 314 4 406 1 541 0
100 2 315 9 401 9 556 1
101 4 333 1 408 5 562 3
112 7 334 5 432 9 570 5
113 4 335 4 464 15 572 6
115 2 336 3 467 12 513 6
116 2 331 4 468 9 576 10
118 3 338 3 469 7 S77 4
181 2 339 1 410 2 578 6
188 11 340 2 471
(i
579 1
190 1 341 4 412 3 580 2
191 2 342 2 473 10 581 5
194 12 343 5 474 2 586 1
197 10 344 2 475 11 588 2
Exhibit A-list of IneUgib.& Pages in Ref&rendum Petition for Ordinance No. 2014-530
Page 11 of 26
Stamped No. Stamped No. Stamped No. Stamped No.
Page No. Signatures Page No. Signatu Page No. Signatures Page No. Signatures
594 9 702 7 787 5 912 2
595 13 706 1 791 8 913 9
597 :2 709 7 792 6 916 9
600 10 710 9 793 7 918 4
602 8 711 7 795 4 919 12
603 10 713 10 796 7 920 2
621 2 721 1 797 11 927 7
622 1 732 11 798 8 928 2
624 lQ 733 6 799 4 929 5
634 12 734 10 800 2 930 1
635 2 735 1 801 1 932 2
639 2 136 5 802 10 938 5
640 2 737 10 804 3 945 2
642 11 738 7 805 8 949 1
644 8 739 2 813 1 951 1
645 8 140 3 815 1 953 7
648 :2 141 2 822 8 954 2
649 9 746 :2 836 1 955 8
650 7 150 9 839 11 957 2
651 11 751 11 841 3 958 2
656 7 752 3 841 1 959 2
664 11 758 1 849 9 961 2
665 3 760 1 850 9 962 11
610 6 762 1 851 4 910 2
671 1 763 2 852 2 911 11
612 1 764 2 875
. 1
974 3
673 2 765 2 898 12 915 2
675 12 766 2 900 1 971 2
618 2 767 15 903 2 980 2
681 2 780 14 904 2 981 2
682 1 781 7 905 2 983 2
694 8 182 8 906 2 986 1
699 8 783 3 909 2 988 2
700 9 186 2 910 1 989 :2
.-
Exhibit A· List of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 12 of 26
Stamped No. Stamped No. d No. Stamped
Page No. Signatures Page No. Signatu No. Sig Page No.

998 4 1080 6 1315 1 1403 1
1003 13 108& 2 1320 2 1404 1
1005 13 1087 4 1321 2 1405 5
100& 1 1092 9 1337 6 140& 2
1007 11 1093 9 1338 10 1408 2
1008 11 1103 12 1339 1 1409 2
1009 9 1104 7 1347 11 1410 4
1010 12 1105 2 1349 1 1411 2
1011 2 1110 2 1350 8 1412 4
1013 13 1111 1 1351 3 1413 6
1018 13 1112 12 1352 2 1414 9
1019 15 1113 2 1353 4 1415 1
1020 8 1115 7 1354 4 141& 2
1025 11 1120 1 1355 5 1417 3
1027 5 1121 2 1356 3 1418 5
1028 2 1122 8 1357 4 1419 2
1039 1 1124 9 1358 1 1420 6
1040 2 1152 4 1359 2 1421 1
1042 2 1153 11 1360 5 1422 4
1043 2 1154 3 1361 3 1423 3
1044 2 1156 12 1362 1 1424 4
1045 2 1157 13 1363 8 1425 1
104& 2 1158 2 1364 4 1426 6
1048 1 1159 1 13&5 8 1427 5
1049 4 1160 4 13&8 5 1428 1
1050 3 11&1 3 1391 2 1429 1
10S8 2 1164 3 1392 1 1430 1
1064 11 1193 3 1394 2 1431 1
1065 2 1194 2 1395 0 1432 1
1066 9 1304 4 1397 6 1433 2
1067 7 1305 2 1399 5 1434 2
1068 6 1311 4 1400 2 143& 3
1069 1 1312 1 1401 0 1437 3
1076 2 1314 1 1402 2 1438 3
.-
Exhibit A- Ust of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 13 of 26
Stamped
NO_. No_
Stamped
No ~ No-
Page No. Signature Signatures Page No. Signatures Signatures
1439 3 1529 7 1635 4 1693 2
1441 5 1546 1 1636 6 1694 1
1454 2 1547 2 1637 4 1697 13
1455 5 1551 1 1638 6 1702 2
1456 1 1552 1 1640 6 1704 2
1457 3 1553 11 1641 6 1705 2
1458 9 1554 4 1644 6 1706 2
1459 3 1555 1 1645 4 1709 2
1460 8 1578 0 1650 9 1713 2
1461 10 1519 1 1651 9 1714 1
1462 3 1580 1 1652 9 1718 2
1463 8 1581 1 1653 9 1119 1
1464 2 1583 2 1655 10 1720 3
1465 4 1584 2. 1657 9 1721 1
  4 ~ 2 1591 2 1658 11 1739 15
1461 1 1594 2 1659 11 1740 12
1501 4 1597 0 1661 11 1741 7
1502 12 1598 0 1662 11 1742 3
1510 3 1599 2 1669 7 1748 8
1511 1 1600 2 1671 2 1760 14
1512 7 1601 2 1672 2 1170 2
1513 6 1604 3 1674 12 1773 1
1514 1 1605 2 1675 2 1174 2
1515 0 1610 3 1676 1 1775 1
1516 0 1611 4 1677 2 1777 1
1519 3 1612 4 1678 1 1779 2
1521 1 1613 4 1679 1 1789 13
1522 0 1620 4 1680 2 1790 11
1523 5 1624 5 1681 2 1791 13
1524 9 1626 4 1687 2 1792 11
1525 9 1627 5 1688 2 1793 12
1526 6 1631 3 1690 1 1794 9
1527 6 1633 6 1691 3 1796 3
1528 3 1634 2 1692 2 1817 2
_.,- -
.. -
Exhibit A· List of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 140f26
amped No. Stamped No. Stamped No. tamped No.
No. Signatures Page NO. Signatures Page No. Signatures age No. Signatu
1878 2 2179 10 2283 3 2339 2
1888 11 2180 10 2284 4 2369 0
1891 2 2181 11 2285 4 2370 4
1898 2 2182 6 2286 8 2371 5
2031 7 2201 7 2287 5 2312 5
2032 7 2208 1 2288 1 2373 4
2033 9 2209 3 2289 2 2374 5
I
23751 2034 7 2216 7 2290 4 9
2038 4 2218 3 2291 0 2376 5
2039 4 2219 1 2292 1 2377 3
2040 4 2220 2 2293 3 2378 13
2041 4 2224 8 2294 3 2379 4
2042 2 2226 0 2295 5 2380 4
2043 2 2227 15 2296 11 2381 6
2051 2 2235 8 2297 9 2382 5
2052 1 2247 6 2298 3 2383 6
2074 2 2248 7 2299 7 2384 5
2083 12 2249 7 2300 13 2385 5
2085 7 2250 4 2301 7 2386 3
2086 9 2251 2 2302 12 2387 6
2105 9 2252 3 2303 11 2388 1
2106 7 2253 5 2305 10 2389 7
2107 10 2254 4 2325 7 2390 0
2108 7 2255 0 2326 5 2391 2
2109 5 2260 0 2327 0 2392 2
2110 9 2261 0 2328 4 2393 4
2111 9 2262
o .
2329 3 2394 3
2112 4 2263 0 2330 3 2395 3
2113 7 2264 0 2331 3 2396 3
2114 13 2265 1 2332 6 2397 5
2175 9 2266 2 2333 5 2398 2
2176 5 2280 10 2334 4 2399 4
2177 11 2281 6 2335 11 2400 7
2178 4 2282 5 2338 0 2401 6
Exhibit A· List of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 15 of 26
 
No. Stamped No. Stamped No. ped No.
Signatures Page No. Signatures Page No. Signatures No. Signatures
2402 10 2618 4 2823 2 2931 2
2403 8 2619 2 2824 1 2943 10
2404 6 2626 9 2825 4 2944 6
2405 13 2631 1 2826 2 2945 1
2418 10 2632 4 2839 2 2947 11
2419 6 2633 12 2841 11 2948 8
2420 4 2634 2 2845 12 2953 13
2421 2 2636 1 2846 0 2954 1
2422 11 2637 2 2848 10 2955 2
2423 6 2638 1 2855 5 2956 2
2424 8 2641 2 2859 4 2957 5
2425 6 2645 3 2869 3 2958 14
2426 6 2647 2 2870 1 2959 14
2431 10 2648 3 2872 2 2960 11
2451 2 2650 1 2875 1 2961 5
2452 2 2651 2 2876 1 2962 0
2454 8 2652 3 2897 1 2964 1
2455 8 2653 2 2898 6 2965 11
2537 3 2655 2 2901 2 29931 2
2558 2 2656 2 2905 2 2994 2
2560 10 2657 1 2906 1 2995 1
2591 0 2658 2 2914 0 2996 2
2592 1 2659 1 2916 2 2997 0
2593 2 2661 1 2917 4 2998 0
2596 4 2713 3 2918 2 2999 0
2597 3 2714 0 2919 3 3000 0
2598 1 2715 0 2922 1 3001 0
2599 3 2716 2 2924 3 3002 0
2609 15 2805 4 2925 1 3003 0
2610 14 2818 5 2926 1 3004 0
2611 6 2819 3 2927 3 3005 2
2612 9 2820 1 2928 3 3006 3
2613 14 2821 2 2929 5 3007 4
2615 3 2822
')
'2930 3 3008 2
Exhibit A- List of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 16 of 26
ped No. ped No. Stamped No. ,Stamped No.
No. Signature No. Signatures Page No. Signatures Page No. Signatures
3009 4 3115 0 3177 3 3351 2
3010 1 3116 8 3178 1 3352 5
 
10 3111 5 3179 3 3353 7
4 3118 7 3180 6 3354 2
3076 4 3119 10 3181 12 3356 3
3071 10 3121 5 3182 6 3357 1
3078 12 3122 8 3191 1 3358 9
3079 9 3123 9 3239 1 3359 2
3080 8 3124 9 3242 2 3395 8
3081 5 3125 8 3243 3 3424 10
3082 1 3126 7 3256 12 3425 2
3083 4 3127 8 3263 4 3426 10
3084 11 3128 9 3272 2 3427 3
3085 2 3129 11 3273 2 3431 6
3092 8 3135 15 3274 8 3432 8
3093 2 3136 15 3275 2 3433 7
3094 15 3137 4 3276 2 3434 12
3097 5 3145 9 3280, 2 3439 2
3098 3 3153 13 3281 2 3440 12
3099 3 3155 2 3282 3 3442 8
3100 1 3158 10 3284 9 3443 5
3101 2 3160 1 3304 13 3444 9
3102 0 3164 2 3305 3445 4
3103 0 3165 2 3327 2 3446 6
3105 0 3166 6 3328 2 3459 3
3106 0 3168 11 3329 5 3462 4
3107 0 3169 11 3330 4 3463 1
3108 0 3170 5 3331 8 3469 2
3109 0 3111 10 3332 1 3412 3
3110 5 3172 1 3333 2 3473 2
3111 0 3113 4 3334 11 3474 2
3112 0 3174 4 3346 2 3415 4
3113 0 3115 2 3349 3 3416 2
3114 8 3176 4 3350
21 3417 J
-
I
Exhibit A .. list of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 17of26
Stamped No. Stamped No. mped No. Stamped No.
Page No. Signatures Page No. Signatures No. Signatures Page No. Signatures
3478 4 3585 2 3668 11 3769 8
3479 9 3586 2 3669 8 3771 2
3480 1 3587 4 3670 7 3772 10
3481 3 3588 3 3671 6 3773 8
3482 8 3589 1 3672 14 3791 4
3488 12 3590 10 3677 11 3792 4
3493 13 3591 8 3682 10 3793 10
3494 15 3593 9 3697 7 3794 6
3495 8 3594 2 3702 7 3795 9
3496 3 3595 9 3714 5 3803 14
3516 1 3596 9 3715 8 3804 7
3517 9 3597 6 3717 8 380S 4
3529 6 3598 7 3718 5 3807 4
3531 12 3602 4 3720 5 3808 1
3532 8 3603 8 3722 9 3809 1
3545 10 3604 5 3724 4 3810 2
3546 11 3605 6 3729 8 3811 2
3547 9 3606 2 3731 10 3812 1
3548 5 3607 5 3737 10 3813 12
3549 1 3608 10 3738 10 3814 10
3550 5 3609 1 3739 10 3815 8
3551 5 3610 10 3744 5 3816 3
3552 2 3611 9 3745 5 3821 1
3553 2 3614 7 3749 5 3825 2
3554 2 3632 9 3753 5 3828 5
3555 3 3648 11 3755 13 3839 5
3556 1
  6 ~
10 3756 13 3847 3
3557 2 3657 9 3759 12 3874 12
3558 3 3658 7 3761 9 3882 4
3559 1 3663 7 3762 8 3883 6
3560 2 3664 6 3763 10 3885 1
3561 5 3665 12 3764 11 3886 1
3562 6 3666 10 3765 7 3887 13
3584 2 3667 8 3768 10 3888 15
_.-
I
Exhibit A .. List of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 180f26
ped No. Stamped No. ped No. Stamped No.
eNo. Signatures Page No. Signatures No. Signatures Page No. Signatures
3889 12 4002 11 4080 8 4211 7
3890 11 4003 8 4081 Z 4214 2
3901 6 4004 13 4084 10 4215 3
3903 6 4010 6 4085 7 4216 8
3908 4 4011 3 4088 9 4217 4
3927 10 4012 8 4089 6 4218 7
3943 1 4013 10 4090 4 4219 7
3944 1 4014 5 4091 5 4220 8
3946 8 4015 9 4092 4 4223 5
3947 9 4016 6 4103 3 4225 9
3950 5 4017 9 4116 11 4227 9
3951 4 4018 7 4117 7 4228 9
3963 12 4019 7 4118 2 4229 2
3973 14 4020 10 4119 3 4230 10
3914 6 4021 10 4120 1 4231 9
3915 7 4022 10 4121 8 4232 10
3976 6 4023 9 4122 3 4233 12
3977 6 4024 10 4123 2 4234 8
3978 4 4025 4 4124 2 4235 7
3979 10 4026 5 4125 5 4236 10
3980 6 4037 4 4150 8 4237 5
3981 4 4038 3 4156 4 4238 12
3982 5 4039 2 4164 5 4239 5
3983 8 4065 6 4165 7 4240 8
3984 4 4066 6 4169 2 4262 2
3990 1 4067 8 4178 7 4263 2
3992 4 4068 6 4179 3 4264 10
.3995 9 4069 5 4180 5 4265 7
3996 11 4070 6 4181 1 4266 11
3997 9 4074 8 4182 1 4274 8
3998 8 4075 9 4201 4 4275 3
3999 6 4076 9 4202 7 4287 7
4000 11 4017 6 4203 6 4294 5
4001 13 4078 4 4210
C;
4306 8
...
,
i
I
Exhibit A· list of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 190f26
Stamped
No.  
No. J Stamped
I
No. No.
Page No. Signatures No. Signatures . Signatures Signatures
4307 9 4727 5
4308 11 4728 1
4309 5 4729 1
4328 5 4730 10
4334 7 4732 9
4335 8 4733 2
4336 7 4734 2
4337 9 4735 2
4338 8 5193 3
4339 10 5194 2
4340 11
4379 2
4631 7
4632 12
4633 7
4634 6
4635 6
4636 2
4637 4
4638 3
4664 9
4665 5
4713 15
4714 14
4715 1
4716 4
4717 6
4718 1
4719 5
I
I
4720 7
4721 13
4724 13
4725 15
4726 15
...
\
Exhibit A- List of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 20 of 26
Invalid Pages because Circulator/Notary notarized his/her own signature
Total Pages- 128
Total Signatures- 615**
ped No. Stamped No. Stamped No. Stamped No.
No. Signatures Page No. Signatures PagaNo. Signatures Page No. Signatures
11
2, 1322 2, 2531 2 3267 5
24 1 1323
2,
2532 2 3268 4
S4 1 1324 2 2533 7 3269 8
61 12 1325 11 2561 5 3270 2
136 1 1407 3 2624 6 3291 2
137 2 1548 9 2642 2 3455 10
480 2 1549 2 2644 2 3456 7
498 2 1550 3 2646 2 3457 4
S04 3 1663 11 2654 2 3498 2
582 7 1673 1 2666 6 4027 4
589 4 1699 2 2843 4 4166 2,
614 6 1700 11 2871 2 5116 12
616 10 1701 2 2811 :2 5117 15
679 3 1108 2 2883 3 5118 4
914 2 1710 2 2885 1 5119 5
9%4 5 2008 4 2886 4 5180 11
956 4 2009 13 2881 5 5181 4
968 10 2012 9 2888 11 5182 4
1056 1 2013 8 2895 13 S183 1
1059 2 2014 5 2896 8 5184 15
1088 1 2090 8 3138 8 5185 9
1111 3 2091 6 3139 1 5186 3
1118 1 2092 2 3140 4 5181 11
1119 6 2093 1 3141 4 5188 13
1306
2,
2094 7 3142 2,
5195 9
1301 2 2256 1 3189 7 5196 6
1308 2 2257 14 3209 12
1309 2 2258 11 3210 10
1310 2 2259 3 3211 8
....... - .
"   ....-
1313
2, 2524 2 3241 1
1316 2 2525 13 3251 0
1317 2 2526 3 3264 1
1318 2 2527 2 3265 6
1319 2 2528 1 3266 1
I
Exhibit A .. list of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 21 of26
I nvalid Pages - Other
Total Pages: 243
Total Signatures: 1,347"*
No.
Explanation
9 All signatures crossed out
12 All signatures crossed out
19 Circulator's name invalidated bIt she signed the petition prior to 6/3
20 Circulator's name invalidated blc she signed the petition prior to 6/3
28 Circulator's name invalidated b/c she signed the petition prior to 6/3
29 Circulator's name invalidated blc she signed the petition prior to 6/3
30 Circulator's name invalidated blc she signed the petition prior to 6/3
31 Circulator's name invalidated bIt she signed the petition prior to 6/3
32 Circulator's name invalidated blc she signed the petition prior to 6/3
36 Circulator's name invalidated blc she signed the petition prior to 6/3
37 Circulator's name invalidated b/e she signed the petition prior to 6/3
38 Circulator's name invalidated b/e she signed the petition prior to 6/3
52 All signatures crossed out
83 All signatures crossed out
90 All signatures crossed out
102 An signatures crossed out including circulator's name
114 All signatures crossed out
129 Circulator's name invalidated because address is not in the city
140 All signatures crossed out
156 Circulator'S name invalidated blc she signed the petition prior to 6/3
170 Circulator's name invalidated blc she signed the petition prior to 6/3
171 Circulator's name invalidated ble she signed the petition prior to 6/3
172 Circulator'S name invalidated ble she signed the petition prior to 6/3
180 All signatures crossed out
181 All signatures crossed out
182 All signatures crossed out
214 All signatures crossed out
220 All signatures crossed out
242 All signatures crossed out
269 Circulator's name invalidated blc she signed the petition prior to 6/3
270 Circulator's name invalidated b/e she signed the petition prior to 6/3
271 Circulator's name invalidated b/e she signed the petition prior to &/3
283 All signatures crossed out
284 All signatures crossed out
285 AII.si!natures crossed out
307 Circulator's name invalidated b/e she signed the petition prior to 6/3
308 Circulator's name invalidated ble she signed the petition prior to 6/3
313 Circulator's name invalidated b/c she signed the petition prior to 6/3
317 Circulator's name invalidated ble she signed the petition prior to 6/3
318 Circulator'S name invalidated blc she signed the petition prior to 6/3
319 Circulator'S name invalidated ble she signed the petition prior to 6/3
No.
Si9.-natures
0
0
4
3
6
9
7
9
9
8
7
3
0
0
0
0
0
1
0
12
5
12
13
0
0
0
0
0
0
9
5
8
0
0
0
13
14
7
7
12
10
I
Exhibit A- List of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 22 of 26
Stamped No.
Page No.
Explanation
g Signatures
320 Circulator's name invalidated ble she signed the petition prior to 6/3 9
321 Circulator's name invalidated blc she signed the petition prior to 6/3 8
322 Circulator's name invalidated blc she signed the petition prior to 6/3 10
323 Circulator's name invalidated blc she signed the petition prior to 6/3 11
324 Circulator's name invalidated bl c she signed the petition prior to 6/3 9
325 Circulator's name invalidated blc she signed the petition prior to 6/3 5
326 Circulator's name invalidated ble she signed the petition prior to 6/3 6
321 Circulator's name invalidated ble she signed the petition prior to 6/3 4
349 all signatures crossed out 0
350 alf signatures crossed out 0
358 all signatures crossed out 0
411 Circulator's name invalidated ble she Signed the petition prior to 6/3 7
412 Circulator's name invalidated blc she Signed the petition prior to 6/3 3
413 Circulator's name Invalidated ble she Signed the petitIon prior to 6/3 4
424 all signatures crossed out 0
428 Circulator's name invalidated 'ole she signed the petition prior to 6/3 12
429 Circulator'S name invalidated 'ole she Signed the petition prior to 6/3 8
436 all signatures crossed out 0
447 Circulator'S name invalidated ble she signed the petition prior to 6/3 3
448 Circulators name invalidated 'olr:. she signed the petition prior to 6/3 2
449 Circulator's name invalidated ble she signed the petition prior to 6/3 8
450 Circulator's name invalidated 'ole she signed the petition prior to 6/3 2
451 Circulator's name invalidated ble she signed the petition prior to 6/3 7
452 Circulator's name invalidated 'ole she signed the petition prror to 6/3 7
495 stamp is not on the page . 2
525 ignatures crossed out 0
531 All signatures crossed out including circulator'S name 0
S40 Notary did not sign 2
544 Notary did not sign 2
545 Notary did not sign 3
627 Notary did not date 4
677 All signatures crossed out including circulators name 0
69a Circulator'S name invalidated b/c she Signed the petition prior to 6/3 5
769 all signatures crossed out 0
770 all signatures crossed out 0
820 a/l signatures crossed out 0
825 all signatures crossed out 0
833 all signatures crossed out 0
846 printed names on notary line.   is blank 2
946 there is something an copy that prevents seeing the circulator line 2
916 Circulator'S name invalidated b/c his address is not in the city 13
993 all signatures crossed out 0
signatures crossed out 0
1181 notary did not sign 8
1396 Circulator is only signature and it has been crossed aut 0
1440 notary expired 5
Exhibit A· list of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 23 of 26
Stamped
Explanation
 
Page No. atures
1442 notary expired 8
1443 notary expired 12
1444 notary expired 13
1582 Circulator's name invalidated because address is not in the city 1
1585 Circulator's name invalidated ble she signed the petition prior to 6/3 2
1586 Circulator's name invalidated blc she signed the petition prior to 6/3 2
1602 circulator signed after notary date 2
1615
1
Circulator's name invalidated b/c she signed tho petition prior to 6/3 4
1 Circulator's name invalidated blc she signed the petition prior to 6/3 4
1 Circulators name invalidated ble she signed the petition prior to 6/3 5
1632 Circulator's name invalidated ble she Signed the petition prior to 6/3 5
1642 Circulator's name invalidated blc she signed the petition prior to 6/3 6
1643 Circulator's name invalidated blc she signed the petition prior to 6/3 6
1649 Circulator's name invalidated b/c she signed the petition prior to 6/3 8
1656 Circulator's name invalidated blc she signed the petition prior to 6/3 10
1722 No notary stamp &. circulator name not legible 1
1723 Circulator did not give voter registration no. on and Signed after notary 2
1724 Circulator did not give voter registration no. on petition, and signed after notary 1
1728 Circulator did not give voter registration no. on petition, and signed after notary 2
1743 Circulator did not give voter registration no. on petition, and signed after notary 9
1745 Circulator did not give voter registration no. on petition, and signed after notary 5
1746 Circulator did not give voter registration no. on petition! and signed after notary 5
1747 Circulator did not give voter registration no. on petition, and signed after notary 4
1752 Circulator did not give voter registration no. on petition, and signed after notary 1
1153 Circulator did not give voter registration no. on petition, and signed after notary 6
1765 Circulator did not give voter registration no. on petition, and signed after notary 2
1766 Circulator did not give voter registration no. on petition, and signed after notary 1
1767 Circulator did not give voter registration no. on petition, and signed after notary 4
1769 Circulator did not give voter registration no. on petition. and signed after notary 1
1826 No notary stamp
2
1883 . Circulator's name invalidated blc she signed the petition prior to 6/3 1
2315 Circulator's name invalidated b/c she signed the petition prior to 6/3 12
2316 Circulator's name invalidated b/c she signed the petition prior to 6/3 9
2317 Circulator's name invalidated b/c she signed the petition prior to 6/3 13
2319 Circulator's name invalidated blc she signed the petition prior to 6/3 11
2320 Circulator's name invalidated b/c she Signed the petition prior to 6/3 6
2321 Circulator's name invalidated blc she signed the petition prior to 6/3 5
2322 Circulator's name invalidated blc she signed the petition prior to 6/3 9
2323 Circulator's name invalidated b/c she signed the petition prJorto 10
-.
2341 Circulators name invalidated b/c she Signed the petition prior to 6/3 1
2529 No circulator listed 1
2530 No circulator listed 5
2557 Notary didn't sign and may have dated before signatures were dated 7
2622 No circulator listed 2
2623 No circulator listed 2-
2712 Circulator's name invalidated b/c no circulator voter registration number on petition 6
1
i
Exhibit A· List of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 24 of 26
Stamped
Explanation
PagaNo.
2815 Notary didn't sign
2816 Notary didn't sign
2817 Notary didn't sign
2842 Circulator did not give voter registration no. on petition
l
and signed after notary
2878 No circulator listed
2879 No circulator listed
2880 No circulator listed
2881 No circulator listed
2882 No circulator listed
2889 Circulator did not give voter registration no. on petition, and signed after notary
2890 Circulator did not give voter registration no. on petition, and signed after notary
2891 Circulator did not give voter registration no. on petition, and signed after notary
2892 Circulator did not give voter registration no. on petition, and signed after notary
2909 Circulator did not give voter registration no. on petition, and signed after notary
2910 Circulator did not give voter registration no. on petition, and signed after notary
2911 Circulator did not give voter registration no. on petition, and signed after notary
2912 Circufatordid not give voter registration no. on petition, and signed after notary
2913 Circulator did not give voter registration no. on petition, and signed after notary
2923 all signatures crossed out
3104 Page is not notarized
3154 page is not notarized
31831 .. Circulator did not give voter registration no. on petition, and signed after notary
3184 Circulator did not give voter registration no. on petition, and signed after notary
3185 Circulator did not give voter registration no. on petition, and signed after notary
3186
Circulator did not give voter registration no. on petition, and signed after notary
3187 Circulator did not give voter registration no. on petition, and signed after notary
3188 Circulator did not give voter registration no. on petition; and signed after notary
I
3192 Circulator did not give voter registration no. on petition, and signed after notary
3193 Circulator did not give voter registration no. on petition, and signed after notary
3194 Circulator did not give voter registration no. on petition, and signed after notary
3195 CircuJatordid not give voter registration no. on petition, and signed after notary
  did not give voter registration no. on petition} and Signed after notary
319 irculator did not give voter registration no. on petition, and signed after notary
3198 Circulator did not give voter registration 00. on petition, and signed after notary
3199 Circulator did not give voter registration no. on petition, and signed after notary
3200 Circulator did not give voter registration no. on petition, and signed after notary
3201 I Circulator did not.8ive voter registration no. on petition, and Signed after notary
3202 Circulator did not give voter registration no. on petition, and signed after notary
3203 Circulator did not givp voter registration no. on petition, and !igned after Ilutdry
3204 Circulator did not give voter registration 00. on petition, and signed after notary
3205 Circulator did not give voter registration no. on petition, and signed after notary
3206 Circulator did not give voter registration no. on petition, and Signed after notary
3310 Circulator's name invalidated b/e she signed the petition prior to 6/3
3313 Circulator's name invalidated ble she signed the petition prior to 6/3
3314 Circulator's name invalidated ble she signed the petition prior to 6/3
3315 Circulator's name Invalidated b/e she signed the petition prior to 6/3
No.
Signatur
7
4
6
3
9
13
11
14
3
1
1
1
1
11
2
3
5
3
0
7
2
5
8
9
7
5
4
8
10
9
11
7
10
10
11
5
5
6
b
10
11
3
4
8
9
11
Exhibit A- List of Ineligible Pages in ReferendQm Petition for Ordinance No. 2014-530
Page 25 of 26
 
Explanation
no circulator listed
3382 no circulator listed
3383 no circulator listed
3384 no circulator listed
3385 no circulator listed
3386 no circulator listed
3387 no circulator listed
3388 no circulator listed
3389 no circulator listed
3390 no circulator listed
3391 no circulator listed
3392 no circulator listed
3393 no circulator fisted
3449 no circulator listed
3450 no circulator listed
3451 no circulator listed
3452 no circulator listed
3453 no circulator listed
3454 no circulator listed
3410 all signatures crossed out
3471 all signatures crossed out
3499 all signatures crossed out, including circulator
3660 Signatures dated originally before 6/3 and crossed out
3673 no circulator listed
3754 Circulator's name invalidated b/c she signed petition prior to 6/3
3758 Circulator's name invalidated blc she signed petition prior to 6/3
. 4152 All signatures dated after notary date
4 all signatures crossed out
43 all signatures crossed out
440S Signatures dated before 6/3
Circulator did not give voter registration no. on petition and not registered in Harris
4406 Cty
Circulator did not give voter registration no. on petition and not registered in Harris
4407 Cty
Circulator did not give voter registration no. on petition and not registered in Harris
4408 Cty
Circulator did not give voter registration no. on petition and not registered in Harris
4409 Cty
Circulator did not give voter registration no. on petition and not rFlgi<;teff.'d in Harris
4410 Cty
Circulator did not give voter registration no. on petition and not registered in Harris
4411 Ctv
Circulator did not give voter registration no. on petition and not registered in Harris
4412 Cty
Circulator did not give voter registration no. on petition and not registered in Harris
4413 Cty
No.
6
4
3
8
10
8
6
7
5
5
7
3
3
9
9
11
11
10
12
0
0
0
13
'3
12
4
2
0
0
7
10
15
14
15
15
15
15
15
Exhibit A- List of Ineligible Pages in Referendum Petition for Ordinance No. 2014-530
Page 26 of 26
No.
 
age No.
Explanation
Signatures
i
Circulator did not give voter registration no. on petition and not registered in Harris
4414 Cly
Circulator did not give voter registration no. on petition and not registered in Harris
4415 Ctv
Circulator did not give voter registration no. on petition and not registered in Harris
4416 Cty
Circulator did not give voter registration no. on petition and not registered in Harris
4417 Cly
no notary stamp on petition; Circulator did not give voter registration no. on petition
4418 and not registered in Harris Cly
Circulator did not give voter registration no. on petition and not registered in Harris
4419 Cly
Circulator did not give voter registration no. on petition and not registered in Harris
4420 Cly
Circulator did not give voter registration no. on petition and not registered in Harris
4421 ety
4422 all signatures crossed out
4452 all signatures crossed out
4455 No notary stamp
4470 all Signatures crossed out
4481 no notary stamp
4488 no notary stamp
4489 all signatures crossed out
4547 all signatures crossed out
4548 all signatures crossed out
4549 aU signatures crossed out
4650 all signatures crossed out
4660 all signatures crossed out
4773 All signatures crossed out
4882 no notary seal
4904 all signatures crossed out
5019 no notary seal
5189 no circulator listed
5190 no circulator listed
** Please note that the City Secretary's Office did not review every page of the petition to determine if every
signatory was a qualified voter. legal has a complete verified count for only the pages that were deemed to be
valid.
Total PClgas In PetItion - 5,199 (3 pages are not bate-stamped)
Total Valid Pages- 2449
i
Total Valid Signatures- 15,249
i Please note that this count includes pages that may not be valid, because the circulator did not sign below the
acknowledgement.
15
15
15
15
15
14
14
13
0
0
6
0
6
5
0
0
0
0
0
0
0
4
0
9
15
15
Tab 5
FOR IMMEDIATE RELEASE
August 4, 2014
City of Houston
News Release
Office of Mayor Annise Parker
Contact: Janice Evans-Davis
ianice.evans@houstontx.gov
832-393-0800
713-376-0525 (c)
Darian Ward
Darian.ward@houstontx.gov
832-393-0804
HERO Repeal Petition Falls Short of Required Valid Signatures for Ballot
The petition to repeal the Houston Equal Rights Ordinance adopted by City Council in May has fallen short of
the City Charter and Texas Election Code requirements for a voter referendum. As a result, the ordinance will
not be reconsidered by City Council or placed on the ballot.
The petitioners submitted a total of 5,199 pages of signatures. Based on application of City Charter and state
law requirements, only 2,449 pages qualify for consideration. As a result, the number of valid signatures
totals 15,249, which is short ofthe 17,269 signatures required by the Charter.
"The Charter requirements are in place to ensure a fair and legal process, absent of fraud," said City Attorney
David Feldman. "In this instance, there are too many documents with irregularities and problems to overlook.
The petition is simply invalid. There is no other conclusion."
According to the Charter, a valid petition must contain enough signatures of registered voters to at least equal
10 percent of the total votes cast in the last mayoral election. Each signature must be accompanied by the
printed name, address, voter registration number or date of birth and the date signed. Anyone who collected
signatures must also have personally signed the petition, and have appeared before a notary to acknowledge
under oath that the signatures were made in their presence. Thousands of the signatures submitted with the
HERO petition fail.ed to meet one or more of these requirements and had to be disregarded.
The City utilized a similar process in 1996 when faced with a petition to repeal its Affirmative Action
program. However, in the end, that petition still had enough valid signatures to qualify.
"I fully expect the petitioners will want to fight this decision at the courthouse," said Mayor Annise Parker. "1
am confident the courts will agree that the rules set out in our Charter and state law to protect the integrity of
the process should be followed and that the results of our review will be upheld. The judicial review will
provide additional assurance to the voters that the process has been fair."
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EXHIBIT
I
Tab 6
WOODFILL, JARED
vs
CAUSE NO: 2014-44974
FILED
Chris Daniel
District Clerk
AUG 07 2D14
IN THF. 152ND DISTRICT COliRT
HARRIS COUNTY, TEXAS
PARKER, ANNISE D (MA YOR) Time:_'H;r;a:::":::,,rc':"ouC-:'-:-lry-,   •• -,--
By ___ -;;-::,-::::c-__ DISTRICT
Deputy
ORDER SETTING SHOW CAliSE
Plaintitlpresented an Application for Temporary Restraining Order. At the hearing. the
parties stipulated. and it is therefore ordered, that the subject Houston Equal Right Ordinance is
suspended until conclusion of the hearing below,
It is ordered that the ckrk of this court issue notice to Defendants to app.!ar before the
Judicial District Court, in the Civil Courts Building, 20] Caroline, Houston. Hams
County. Texas. on the 15TH day of AUGUST 2014 at 1:30 PM, to show cause why Plaintiff
should not be !;mnted a temporary injunction. set out in the application. pendin!; final
detcnnination of this cause on its merits,
Signed this 7th day of August. 2014,
-+-++++---------
RECOROEII'S
This lOSt"""""',. ct pOO'
a! tile _ ct 'maglng
Pn;'siding Ancillary Judge
Tab 7
IN RE JARED WOODFILL, §
STEVEN F. HOTZE, MD §
F.N. WILLIAMS, SR. and §
MAX MILLER, §
RELATORS. §
VERIFICATION
STATE OF TEXAS §
§
COUNTY OF HARRIS §
On this day, Jared Woodfill, appeared before me, the
undersigned notary public. Mter I administered the oath to him,
upon her oath, he said:
UMy name is Jared WoodfilL I am over the age of 18 years old
and arn competent to make this affidavit in all respects. I have
read the Original Petition for Writ of Mandamus in the above-
referenced matter. The facts s t   ~ t are within my personal
knowledge and are true and coyfect." \
I \
, I
Further affiant sayeth not. \ J
Affia
(J
~
SWORN AND SUBSCRIBED TO BEFORE ME on the 11th day
of August, 2014.
JUDY D. WRIGHT
Notary Public. State of Texas
My Commission Expires
January 16,2016
Notary Public in and tor
24
the State of Texas
25