Charlotte Republican pitches new LGBTQ protections, first since HB2

As Charlotte looks to expand its nondiscrimination ordinance, a draft from a Republican council member is the first public proposal on the table.

The proposal from City Council member Tariq Bokhari would add to local law protections from employment discrimination and other forms of discrimination for gay, lesbian, bisexual and transgender people, as well as protections for people wearing natural hair styles.

While other members of the majority-Democratic City Council have said they’re interested in making changes to Charlotte’s nondiscrimination ordinance, Bokhari’s is the only draft made public so far. A public hearing and debate over the nondiscrimination ordinance is expected in August.

It’s the first step toward the adoption of a nondiscrimination ordinance in August — after five years without local LGBTQ protections.

Charlotte City Council expanded its existing non-discrimination ordinance in 2016 to include LGBTQ+ protections, prompting backlash in the form of House Bill 2 from the state legislature. HB2 restricted cities from enacting anti-discrimination ordinances and required people to use the public restroom corresponding with the gender on their birth certificates.

After national outrage and economic pressure, the state repealed HB2 and replaced it with HB 142. The part of the bill that restricted municipalities from passing protective ordinances expired in December.

Since then, municipalities across the state, including Greensboro and Durham, have passed their own nondiscrimination ordinances.

The Mecklenburg Board of County Commissioners unanimously passed its own separate resolution in early February. Though the policy encourages protections for sexual orientation, gender identity and natural hairstyles, there is no enforcement component.

Bokhari’s proposal signals local bipartisan support for the ordinance, which Charlotte Pride spokesperson Matt Comer said is “good to see.”

“Nondiscrimination protections for LGBTQ people is a nonpartisan issue,” Comer said. “This is actually a positive development, knowing that there is a possibility that an ordinance might be passed unanimously by city council.”

The proposal, found on Bokhari’s website, is titled “A Conservative NDO for CLT” and was crafted with the principles of “freedom and individual liberty” in mind every step of the way, he said.

“I really hope this shines a spotlight on our conservative principles and how they, when applied to virtually any policy-based topic, can justify and enable even better outcomes,” Bokhari told the Observer Wednesday. “It’s something that I just don’t think gets enough airtime. This is just a wonderful opportunity to put our principles on the main stage for everyone in Charlotte to see.”

Charlotte nondiscrimination law proposal

Changes to the city’s nondiscrimination ordinance would build on existing law, which was first enacted in 1968. The additions in 2016 by the City Council are no longer in effect, due to officials repealing the local law in a compromise attempt with state lawmakers who backed HB2.

The initial 2016 expansion of Charlotte’s nondiscrimination ordinance sought to add sexual orientation as well as gender identity and gender expression as protected traits. Bokhari’s proposal also expressly does that — while also notably adding protections for people of color who wear natural hair styles, which was absent in the 2016 ordinance.

Bokhari’s proposal doesn’t include protections against discrimination based on marital status or family status or based on a person’s sex, which were specifically included in 2016 in the now-repealed version of the city’s ordinance. Federal protections already broadly cover sex as a protected class.

“We were focused on these topics right now. That doesn’t mean that when other things get brought to our attention, we can’t add them,” Bokhari said. “At the end of the day… we were looking to fill gaps locally that federal legislation didn’t touch.”

Not a ‘bathroom bill’

Unlike five years ago, elected leaders in Charlotte may not find themselves embroiled in debate over bathrooms.

Under state law — a vestige of HB2 in North Carolina — local governments are specifically not allowed to create laws that dictate access or use of public restrooms.

Currently, there is no specific language preventing transgender North Carolinians from using the public bathrooms that correspond with their gender identity, but there is no specific language protecting them from harassment in restrooms or locker rooms, either.

Other than prohibiting local leaders from enacting laws that would protect transgender rights in public bathrooms, state law is virtually silent on the issue. Bokhari’s proposal specifically says the Charlotte ordinance would have no effect on use of bathrooms.

What Bokhari’s proposal would do

While the 2016 ordinance passed in Charlotte was limited to employment protection within city government, Bokhari’s proposal appears to address broadly discrimination by businesses with one or more employee in Charlotte.

His ordinance proposal would prohibit discrimination by employers and also in places of “public accommodation,” meaning places like restaurants, hotels, sports venues and other aspects of public life.

Similar to the 2016 ordinance, Bokhari’s proposal makes exceptions for religious organizations and groups, as well as entities that restrict membership (like a private country club or fraternity group).

Cameron Pruette, president of the LGBTQ Democrats of Mecklenburg County, said he’d like to see the ordinance’s private employment portion bolstered, as well as penalties and fines, but called Bokhari’s proposal a “good opening offer.”

“I’m grateful someone has released a draft, and I’m excited for next steps and hope that Democrats will strengthen it,” Pruette said.

Charlotte Black Pride co-founder Jermaine Nakia Lee is more skeptical.

“That sounds innocent enough but the details could have some trappings that aren’t aligned with moderate and progressive values,” Lee said, of the proposal’s focus on individual liberties. “So I’m paying close attention.”

Council to vote on nondiscrimination

According to Bokhari, Democrats on the City Council have been crafting their own proposal.

“There are a couple that are leading that charge and have really kind of put it on the shelf and done nothing with it,” he said. “This is the first language that will be brought forth at all for anyone to see. I’m not positive there is any other language.”

The City Council came under fire last month, when advocates blasted Charlotte leaders for their inaction on the issue.

City Council anticipates taking up the nondiscrimination ordinance on Aug. 9, during a public hearing.

At that time, Mayor Pro Tem Julie Eiselt said, council members will discuss proposed amendments to the existing ordinance, which would include discussion of Bokhari’s proposal. Eiselt says she’s happy to see bipartisan support for expanding nondiscrimination protections and believes it’s possible council members could unanimously pass changes to the city’s ordinance.

“Regardless of who authors it, I just want what is best for the LGBTQ+ community in Charlotte,” Lee said.