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Home My WebLink AboutHuman Relations Commission - Minutes - 09/09/1976DATE TO: CITY OF FORT COLLINS M E M O R A N D U M September 16, 1976 Human Relations Commission FROM: Mary Anti Kennaugh, Secretary RE: Minutes of the September 9, 1976 Regular Meeting I. Called to Order by Chairwoman Batson at 7:40 p.m., City Council Chambers, 300 W. LaPorte, Fort Collins, Colorado. II. Present were: Members: Staff: Margaret Batson John McGraw ' Ken Drieth Rosita Bachmann - Ed Ostertag Mary Ann Kennaugh Art Jackson Gloria Hershberger Steve Smith Ben Napheys Guests: - Les Berkowitz, Chairman, State Advisory Committee for the Handicapped Steve Zimmerman, President, Center for Legal Advocacy for the Disabled Dr. Larry Bloom, Clinical Psychologist, CSU - Lucia Liley, Assistant City Attorney - Lee Brenton, President, Larimer County Association for the Blind and Physically Handicapped Buz Hicks, Governor's Conference on the Handicapped, Ft. Collins Fire Dept. Dispatcher Janine Rice, Governor's Conference on the Handicapped Dorothy Lasley, Communications Director, Larimer County Association of the Blind and Physically Handicapped Robert L. Brunton, City Manager Dick Suinn, Councilman Nancy Gray, Councilwoman Sam Van Why, former Human Relations Commission member Joel Kassidy, Managing Editor, Triangle Review Bob Wells, Care -A -Van Colleen Hoffman, Advocates for Handicapped Citizens Ruth McCord, a concerned mother III. Reading of the August 12, 1976 minutes by John McGraw. Ed Ostertage moved approval of the minutes as read, Art Jackson seconded, and minutes were approved by consensus. Fort Collins Human Relations Commission Minutes, September 91 1976 Regular Meeting . Page Two • IV. Chairwoman Batson gave a brief introduction about the proposed amendment. Guests and commission members were introduced. John McGraw read the proposed amendment and excerpts from the minutes of the July 20, 1976 City Council meet- ing expressing council's concerns regarding the amendment; specifically, the inclusion of the emotionally disturbed as a protected category, and going further than federal legislation. He also read City Attorney March's letter to City Manager Brunton regarding the proposed amendment. Les Berkowitz proposed a revised amendment. (See Exhibit "A" attached hereto.) He stated that the term "qualified" was relevant only in the area of employ- ment. Deletion of some of the wording makes the amendment more expansive rather than limiting. Les stated that, in terms of employment, measures of Productivity are possible --- the individual either can or can not do the job. Addressing the concern about going further than federal legislation, Les com- mented that "yes" it would go further, but that it is a political question of whether or not such action is desirable. He asked if the handicapped should not also be protected and commented that the handicapped are.not in a position to protect themselves. Steve Zimmerman addressed the question of inclusionof the emotionally and men- tally ill and current state legislation._ He commented that federal and state laws are poor in general in this area. He cited the following examples of state laws: Civil Rights Anti -Discrimination Act in Colorado - Unenforceable as the Attorney General declared that it can't be enforced; and, violation is only a misdemeanor. The Developmental Disabilities Act in Colorado - protects handicapped rights in public or private places. The Colorado Mental Health Act states that."because a person has received mental health services" he can not be discriminated against. " Based on the above state laws, Steve stated that we would not be moving ahead of state laws, but would be passing legislation in conjunction with them, and by enacting such legislation at the local level, much red tape and delay may be avoided, therefore increasing enforceability. Speaking specifically to the area of employment, Steve stated that decisions should be based on abilities, not labels. In terms of our proposed amendment, he felt that it was broad enough yet defined enought to be enforced. Addressing the use of the term"mentally restored individual" he felt it to be unnecessary as there is nolongera law which judges people incompetent, thus eliminating need for their "restoration". Decisions must be made on a case - by -case basis. Fort Collins Human Relations Commission Minutes, September 9, 1Regular Meeting Page Three - -- - W?;U ME �,1;NIJ Ben Napheys: Would this legislation include alcoholics and drug users as protected categories? Les: Some HEW legislation does include alcoholics and drug users as protected. I tt")I Pal: Larry Bloom felt that psychiatry and psychology, at this point; canynot make Gallia , predictive statements about future behavior based on'an individual'.s."fra,cki` D'SC2L11. record", i In terms of federal and state level enforceability, Les Berkowitz and Steve Zimmerman feel that the problem is not because of the definition of "handi- capped", but rather the lengthy administrative procedures requiredoto ,pro.cess ' a case through massive state and federal bureaucracies' „ u,- ,,is' Lucia Liley felt that Les Berkowitz' proposed amendment was good. However, she understood that City Attorney March's letter was expressing concern in terms of infringement upon already established rights .of private. emplgye;rg,i, r;, Ben Napheys moved that the amendment include provision requiring the protection of handicapped person in the areas of housing and public accommodations only when the handicapped can occupy housing or use public accommodations at the same level as non -handicapped individuals. Les Berkowitz asked if Ben intended to allow the exclusion -of handicapped persons in'hbusing if they could not`use the basement because of stairs, but could use the rest of the house; or, from public accommodations, if for example, they could go into a discotheque, have a drink, and observe others dancing but could not dance. Ben said "no" and the motion died for lack of a second. Ken Drieth expressed concern.that.in the area of houaing,.passage^of-the amend- ment as proposed by Les Berkowitz would give the hap-icapped individuals rights that the landlord and non -handicapped individual would not have, i.e., the right to file a complaint of discrimination. The conclusion of the general discussion which followed was that all present seemed in agreement that discrimination against the handicapped does exist and that it is much the same as discrimination against other categories protected under the Ordinance. Therefore, the handicapped should be protected. Ed Ostertag moved that the proposed amendment with the deletions suggested by Les Berkowitz (See Exhibit "A") be approved by the Human Relations Commission for recommendation to City Council. Steve Smith seconded, and motion passed 7 - 0. Ed Ostertag moved that the Commission express their gratitude to all guests present for their time and input. Art Jackson seconded, and motion passed 7 - 0. V. Meeting adjourned at 10:50 p.m. ORDINANCE NO. 54 , 19760 BEING AN ORDINANCE AMENDING SECTION 45-1 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO DISCRIMINATION AND HUMAN RIGHTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 45-1 of the Code of the City of Fort Collins, be, and the same hereby is, amended by adding to the definition of DISCRIMINATE and DISCRIMINATE AGAINST; DISCRIMINATORY REASON or REASON OF DISCRIMINATION, the following: "Further, the foregoing shall include discrimination against a 'handicapped individual' as defined herein, when used in the areas of housing under Section 45-2, employment under Section 45-3, and public accommodations under Section 45-4 of the Code of the City of Fort Collins." Section 2. That Section 45-1 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto the following additional definitions: "A. 'HANDICAPPED INDIVIDUAL' means any person who has, has had, or is re- garded as havi_ns, a physical, mental or medical impairment from an anatom- ical, physiological, psychological, or neurological condition which prevents the exercise of a normal mental or physical function. "B. In reference to employment, HANDICAPPED INDIVIDUAL means a handicapped -- individual as defined above who is capable of performing a particular job, ._ - - — - with reasonable accommodation to his handicap, at the level of productivity — applicable to a nonhandicapped employee." fAt" (Amendedyas per the Fort Collins Human Relations Commission meeting September 9, 1976)