Town Board Unanimously Approves Non-Discrimination Ordinance

On October 5, Mecklenburg County Board of Commissioners voted to approve the county NDO. That ordinance applies to Davidson residents who live in the ETJ (extra-territorial jurisdiction), but not to those within the town limits.

As included in an “Editor’s Note” within the document, the Board opted to remove a proposed effective date, and instead tied the implementation of the ordinance to entering into an inter-local agreement.

The following is the ordinance approved by the Board:

ORDINANCE PROHIBITING DISCRIMINATION IN PUBLIC ACCOMMODATIONS

Whereas, the Town of Davidson welcomes all people and recognizes the importance of diversity, equity, inclusion and the importance of all people being free from discrimination based on race, natural hair or hairstyles, ethnicity, creed, color, sex, pregnancy, marital or familial status, sexual orientation, gender identity or expression, national origin or ancestry, citizen or noncitizen, military or veteran status, religious belief or non-religious belief or disability; and

Whereas, the purpose and intent in enacting this ordinance is to promote public welfare, principles of inclusion, sensitivity, and equal treatment for all through education, expression, resolution and if necessary, enforcement; and

Whereas, the Town recognizes that pursuant to North Carolina General Statute 160A-174(a), “a city may by ordinance define, prohibit, regulate, or abate acts, omissions or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the city.”

Furthermore, pursuant to North Carolina Statute 160A-4, “it is the policy of the General Assembly that cities of the state should have adequate authority to execute the powers, duties, privileges and immunities conferred upon them by law. To this end, the provisions of this Chapter…shall by broadly construed and grants of power shall be construed to include any additional and supplementary powers that are reasonably necessary or expedient to carry them into execution and effect;”

Whereas, it is the intent of this ordinance to provide uniform legal protections to protective classes in the areas of public accommodations to all who live, reside, and visit the town of Davidson.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF DAVIDSON,

A. Discrimination means any disadvantage, difference or distinction in the solicitation, selection, or service to, or treatment of, a vendor, supplier, subcontractor, or customer based on a protected class status or based on any otherwise unlawful use of personal or individual characteristics.

1. It shall be unlawful to deny or discriminate against any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and therefore accommodations because of a Protected class.

B. CONCILIATION OF COMPLAINTS

Town will enter into an agreement with an established, reputable community relations committee such as the Community Relations Committee of Charlotte (CRC), or similar entity with experience and training in conciliation of discrimination in North Carolina.

Within the limitations provided by law, this committee will be contracted with authority to:

(1) Effectuate the purposes and policies of this ordinance in a way to reach a conciliatory solution between parties;

(2) Receive, initiate, seek to conciliate, and hold hearings on complaints alleging violations of this ordinance;

(3) If the committee finds that there is no reasonable cause to believe the respondent has violated the ordinance, or if no resolution is reached, the committee shall, within a reasonable time, inform the complaining party, the town attorney, and the respondent of the conciliation committee’s findings and shall refer the complaint to the town attorney for any further action or dismissal if the town attorney deems appropriate.

(4) Remedies and penalties for violation include: civil forfeiture in amounts to be determined and injunctive relief.

C. PROVISIONS

(1) Should any provision of this ordinance be found to be unconstitutional by a court of law such provision shall be severed from the remainder of the ordinance and such action shall not affect the enforceability of the remaining revisions of the ordinance.

(2) This ordinance in no way prevents or limits those alleging discrimination from seeking other types of private legal action or remedies, via county, state, or federal protections.

(3) An election to proceed by making a complaint alleging a violation of this ordinance shall not foreclose the right to proceed with any civil or criminal remedies available. Nothing in this ordinance shall be interpreted or applied to create any unique requirement, power, or duty or liability in conflict with any existing federal or state law or either the federal or state constitutions.

(4) Nothing in the requirements of this ordinance shall deny the use of constitutionally or otherwise legally protected speech nor shall it deny any entity or individual their constitutional or statutory protections against compelled speech or expression.

(5) Violations are not intended to create, and do not create, any individual right, privilege, or benefit, whether substantive or procedural, enforceable at law or in equity by any party against the Town of Davidson, its agencies, departments or any other entities, or any officers, elected officials, employees, or agents thereof, or against the conciliation committee, or any other person, employer, or respondent.

(6) It is understood this ordinance does not apply to nonprofits and non- commercial charitable providers, educational entities, churches nor does it apply to restrooms, shower rooms, bathhouses and similar facilities which are in their nature distinctly private, or to YMCA, YWCA, and similar types of dormitory lodging facilities and neither does it address private clubs or other establishments that are not open to the public.

This ordinance shall become effective . . . [editor’s note] The Town  Board voted to make the ordinance effective subject to appropriate compliance mechanisms. The exact language of that adjustment will be updated in this article once it is made available. [end note]

(Section 46 of Town of Davidson Municipal Code is amended. Exhibit A is incorporated by reference.)

The foregoing ordinance, having been submitted to a vote, received the following vote, and was duly adopted on this 23rd day of November 2021.

Ayes – 5
Noes – 0