Voters in Eureka Springs, Arkansas uphold nondiscrimination ordinance
Ordinance 2223 becomes one of the first challenged pro-LGBT ordinances in the South upheld by voters
Voters in the tourist town of Eureka Springs, Ark., went to the polls on Tuesday to uphold an ordinance preventing discrimination based on sexual orientation or gender identity in employment, housing and public accommodations, making it the first jurisdiction in Arkansas to have a comprehensive nondiscrimination law. The cities of Little Rock and Hot Springs have ordinances that protect sexual orientation and gender identity, but only in public employment or contracting.
A total of 810 people voted on Ordinance 2223, with 579 voting to keep it in place and 231 voting to overturn it, according to reporting from The Eureka Springs Independent. The ordinance had previously been approved on Feb. 9 by a unanimous vote of the Eureka Springs City Council.
Although the Arkansas General Assembly has approved legislation, slated to go into effect on July 20, that prevents Arkansas cities and counties from adopting or enforcing an ordinance that creates protected classes not currently covered by state law — as Arkansas currently has no statewide protections for sexual orientation or gender identity — the law’s enactment prior to the passage of the General Assembly legislation will give supporters of Ordinance 2223 legal standing in an inevitable court battle. Opponents have vowed to continue challenging the law despite the repeal attempt falling short on Tuesday.
According to the Eureka Springs Independent, Mayor Butch Berry was quoted as saying the victory of supporters was “historic” and “exciting,” comparing his feelings of euphoria to his elation at Bill Clinton’s first election.
The Human Rights Campaign (HRC), the nation’s top LGBT civil rights organization, issued its own statement in response.
“Where leadership has failed Arkansas on the state level, local municipalities like Eureka Springs have taken the initiative to ensure that all their residents are rightfully protected from all forms of discrimination,” said Kendra R. Johnson, Arkansas state director for HRC. “Welcoming all people in our communities makes the Natural State stronger and we praise the local activists who worked tirelessly to make this victory possible. Right now, keeping up the momentum in other cities is imperative, so that every Arkansan can feel safe in their community.”
The victory of the nondiscrimination ordinance also sets Eureka Springs apart, as voters in other cities, including nearby Fayetteville, Ark., and Springfield, Mo., have overturned those ordinances once it is put to a public vote.
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