Mayor AC Wharton wants to be clear about the Memphis Employment Non-Discrimination Ordinance

Over the course of yesterday, the news broke that TEP asked for the employment non-discrimination ordinance and resolution to be withdrawn. TEP's Shelby County Committee based its decision on the shifting position of Mayor AC Wharton and biased treatment of legislation by the Memphis City Council.

Four weeks ago, City Council members asked for a clear statement from Mayor Wharton on the issue. Mayor Wharton issued his most public statement on the proposed legislation yesterday on his Facebook Fan page:

Allow me to be clear: throughout my career in public service, most recently as Shelby County Mayor when this same issue was under discussion by the County Commission, I have stated that I believe governments should focus on merit and merit alone in their hiring and purchasing policies. My vision is for Memphis to be a city of choice for all people. Our city's success will require all individuals, regardless of their differences, to work together toward a shared prosperous future.

The Mayor goes on to say . . . .

Over the past several weeks, I have watched with great interest to see what direction the City Council will take. This discussion originated with them and will conclude with them. I will abide by my duty to support whatever actions they take. My hope is that they proceed in a way that aligns with our values of inclusiveness and non-discrimination.

My beliefs or views on the subject have been clear and consistent throughout my entire life. I will not permit them to be mischaracterized by any group, individual, or elected body who seek a convenient excuse to avoid the issue now that it is at hand.

Mayor Wharton says he wants to be clear. I would never attempt to mischaracterize the Mayor's beliefs or views, but Mayor Wharton's stance has shifted at least three times on the legislation supported by the Tennessee Equality Project and our allies.

At first he supported the LGBT-inclusive non-discrimination legislation during his campaign for Memphis Mayor and in TEP's negotiations with his administration. At the August 10 Personnel Committee meeting of the City Council, Mayor Wharton's representative said he supported the watered-down version of the legislation containing no specific protections for LGBT employees that passed in Shelby County Government. In this latest statement he says that he will support whatever action the Council decides to take.

One thing IS clear. The Mayor does not want to bear any responsibility for lack of leadership on this issue. His shifting position and leadership on the issue will be the talk of many LGBT citizens and their allies in Memphis for many days to come.

Troubling news out of Memphis

Last night, Memphis City Councilwoman Janis Fullilove informed me that she had received four phone calls from unknown numbers threating her life. Each death threat referenced Fullilove's sponsorship of the LGBT-inclusive employment non-discrimination legislation supported by Tennessee Equality Project. Following these calls, someone threw a dead cat in Fullilove's front yard. Memphis Police have responded with added presence at her home. Fullilove and her family are safe for the moment.

The news is troubling and proves an important point. When I spoke to the City Council's Personnel, Intergovernmental and Annexation Committee on July 20 about two city workers who had experienced discrimination in the workplace, I mentioned that these individuals could not come forward because of fear of retaliation. These stories were met with skepticism because these individuals would not publicly share their experience. One employee was fired, so why would he continue to fear retaliation?

If an elected Memphis City Council member can be threatened and intimidated with violence for having the courage to advocate as a straight ally for LGBT inclusive workplace protections, imagine what a city employee working in sanitation services, the Police Department, or the Fire Department might experience. Gender and sexual orientation bias in the community and in the workplace is real.

Gay, lesbian, bisexual and transgender people are not the only ones who suffer from homophobia and transphobia in our society. Yesterday's threats prove that such irrational sickness and ugliness affects the whole community.

This incident serves to highlight why the workplace reforms sponsored by Fullilove and supported by the vast majority of Memphians is needed. Failure to enact these reforms would send a message that violence and intimidation driven by homophobia and transphobia is acceptable in the City of Memphis.

Democratic candidates for Shelby County Mayor address LGBT-inclusive workplace protections

The Shelby County Democratic Party hosted a forum for the Democratic candidates running in the May 4 primary for Shelby County Mayor on Thursday night. Candidates Joe Ford, Otis Jackson and Deidre Malone answered important but familiar questions about sustainable funding for the Regional Medical Center, crime reduction, a special tax district for the Shelby County School system, school security, increasing county contracting with minority-owned businesses and Memphis & Shelby County government consolidation.

Candidates covered little new ground during the forum. However, the Mayoral candidates directly addressed a policy question that affects the lesbian, gay, bi and transgender citizens of Shelby County for the first time in the campaign season.

The three candidates were asked if they would support an ordinance that established workplace protections for gay, lesbian, bi and transgender employees of the county and county contractors like the non-discrimination ordinance proposed by Commissioner Steve Mulroy last Spring. The Shelby County Commission approved a much weaker substitute resolution that only protected county employees against discrimination based on non-merit factors instead of the stronger ordinance.

Current interim Mayor Joe Ford was first to answer that he voted for the resolution that passed last year while still serving on the Shelby County Commission. Ford said that the county does not currently discriminate on the job. Ford said he could not commit to the ordinance without seeing the actual wording. To be fair, almost a year has passed since he's seen the original ordinance.

General Sessions Court Clerk Otis Jackson, Jr. stated that if asked the question 20 years ago, he would have answered no. But today, Mr. Jackson said that he has gay members of his family that compel him to support such an ordinance 100%.

County Commissioner Deidre Malone stated that she voted in favor of the original ordinance and the substitute resolution that eventually passed last year. She added that she took a lot of heat from ministers in the community after that vote but maintained she was proud of her vote.

These responses give Democratic primary voters something new to consider for the May 4 primary. Thursday's forum only included Democratic primary candidates for mayor which means that Republican Shelby County Sheriff Mark Luttrell is the only major candidate who is not yet on record on this issue. Democratic and Republican LGBT voters and their allies need to hear from Luttrell before the May 4 primary and the August 4 general election. Will he respond?

Early voting for county primary elections begins on April 14, 2010.

Commissioner Mulroy receives Movers and Shakers Award from MGLCC

Len Piechowski (right), President of the Memphis Gay and Lesbian Community Center, presented Shelby County Commissioner Steve Mulroy (District 5) with a 2009 Movers & Shakers Award at today's community center board meeting. Mulroy sponsored legislation last spring that established workplace protections for lesbian, gay, bisexual and transgender employees of Shelby County government.

Steve's pioneering efforts challenge the Nashville Metro Council and the Memphis City Council to pass similar legislation. TEP expects workplace protections for LGBT employees to grow in all areas of Tennessee.

Steve Mulroy is the only elected official to receive this award after successfully passing legislation designed to protect the rights of LGBT citizens in Shelby County.

Congratulations Steve! You earned it!

Coming out for fairness and equality

The audio from last Monday's Shelby County Commission meeting (6/1/09) is now available on the Shelby County Government website. I was again moved by the persuasive and heartfelt witness of community members advocating for fairness and equality in the workplace.

Many took great risk in speaking out. But as Harvey Milk said more than 30 years ago: We must come out!