Borough Approves Anti-Discrimination Ordinance

Mayor Dennis O’Brien joked it was the longest applause he ever heard at a Borough Council meeting.

The lengthy applause was a reaction to the 5-1 vote in favor of an anti-discrimination ordinance that expands protections to include sexual orientation and gender identity.

With Tuesday's vote, Newtown Borough joins 22 other communities in Pennsylvania that have passed similar ordinances to protect all people, despite their sexual orientation or gender identity, from discrimination in employment, housing and public accommodations.

Newtown Borough’s ordinance, which mirrors one passed last year by Doylestown Borough, sets up a Human Relations Commission to conduct mediation in circumstances of discrimination.

Current state law does not include protections against discrimination based on sexual orientation or gender identity. But before a discrimination case can proceed in state or federal court, it legally must go through an administrative process, Newtown Borough Solicitor Paul Cohen explained last month. Local Human Relations Commission findings would satisfy that administrative requirement, Cohen said.

“I think it’s an important step for Newtown Borough to take to say we are a welcoming community and we are open to everyone,” Council President Julia Woldorf said.

Council member Bob Walker was the lone opposing vote. He said he didn’t think the issue should be addressed at the local level. “This type of legislation is best served at the highest levels of government, not the lowest levels,” Walker said.

However, council member Mike Sellers said leaders in Harrisburg aren’t taking action so it’s up to people at the local level. “Nothing speaks louder than local political subdivisions who feel it important enough to enact this type of legislation on a local level,” Sellers said.

Council member Gerard O’Malley agreed. “It’s up to us if the state is not acting to take this step,” he said.

Several dozen people turned out for the public hearing on the ordinance. Some wore stickers that said "Support civil rights in Newtown!"

Most who spoke supported the measure.

“I salute you tonight for being leaders; for actually being the leaders that people in Harrisburg should be,” said Ted Martin, executive director of Equality Pennsylvania. “You are sending a message.”

Borough resident Shelly Davis said the ordinance sends an important message that Newtown is a welcoming community who accepts all people.

But some expressed concerns about the implications of the ordinance, particularly on the businesses.

Tim Smith of Newtown Township inquired whether or not the borough businesses were consulted about the ordinance and how it would impact them. “Have you met your moral requirement? If you have not gone to the business owners to ask them for their input then you have not.”

George Wilson, who works in Newtown, said as a businessperson in the borough, he believes such an ordinance is needed. “I’ve been here for five years and I absolutely love Newtown.  This ordinance is needed, it is welcomed,” Wilson said.

Following the passage of the ordinance, a supporter gave all council members a small rainbow flag as a symbol of their support for gay rights.

In addition to Doylestown Borough, other Pennsylvania municipalities that have passed similar ordinances include Allegheny County, Easton, Harrisburg, Haverford, New Hope, Philadelphia, Pittsburgh, Scranton, Swarthmore Borough, Bethlehem and more.