Human Rights Commission
The City of Lewisburg is proposing to rewrite art. 137 where in “the city continues to strive to be an inclusive City where people can live and work without fear of discrimination; and maintain a competitive business environment by working with businesses to eliminate barriers to recruiting a talented workforce”.
It seems clear that City of Lewisburg Art 137.08 is intended for big business such as Wall Mart, Lowe’s, Greenbrier Motors, Motels, etc., while excluding Washington Street and Jefferson Street businesses within the tourist area of the town. Profiling seems to be accommodated in reverse to exclude from Art 137.08 the voting citizens and small businesses of Lewisburg. A church with a private school may or may not be included within the scope of this ordnance. A preacher is excluded when marrying, but other church activities may or may not be. In either case, Art 137.08 seems to be a hidden treasure for the legal profession and a detriment for others residing or working within the city limits of Lewisburg. Further, there appears to be no documentation on file with the city police or sheriff’s office for any of the Unlawful Discriminatory Practices of this article for persons or employers of more or less than the magical “12” individuals. Therefore I believe this article should not be approved.
However, article 137.07 excludes more people and businesses than it includes. Article 137.07 lists “Definitions when used in this Article” that define
1. Employer means any person or entity employing 12 or more persons within the city.
2. Person means one or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups or persons.
3. Employee shall include any individual …shall not include any individual employed by his parents, spouse or child, or in the domestic service of any person. (note definition of person)
4. Housing accommodations means any building or portion thereof which is used or intended for use as the residence or sleeping place of one or more persons. Nothing contained in this definition or this article shall apply to the rental of a room or rooms in a rooming house occupied by the owner as a place of residence and containing no more than four rented rooms, or rooms to be rented.
5. Employment Agency includes any Person regularly undertaking with or without compensation to procure, recruit, refer or place employees. A newspaper engaged in the activity of advertising in the normal course of its business shall not be deemed to be an employment agency.
6. 137.08 para 6a. Provided, the refusal of a religious leader to perform a religious ceremony shall not violate the policy of this ordinance.
Article 137.08 Unlawful Discriminatory Practices. Definitions exclude any person (see definitions for person) employing less than 12 individuals from being subjected to the Unlawful Discriminatory Practices.
The proposed article 137.6 through 137.8 is available at City Hall.
Frank W. Tuckwiller