Let's Go to the Beach!

We didn't intend this blog to be a rehash of the news but we just can't help ourselves when we get excited! We like the term (they use here) "Human Rights Law" rather than "Equal Rights." While both are accurate, we believe that when the homophobic side of our society hears "Equal Rights" they immediately turn the deaf ear.

Commission passes new Human Rights law

Jan, 21, 2010 01:15 AM - Miami Herald (FL)

Jan. 21--Miami Beach, long considered a petri dish for progressive legislation, once again may be at the forefront of Florida's civil rights debate after city leaders passed a new Human Rights law, activists and attorneys say.

The City Commission last week voted to update and rename its 1992 Human Relations ordinance, agreeing to a new process for dealing with discrimination complaints, language protecting the city's transgender population and stiff penalties, including up to $15,000 in fines, for those found by the city to be guilty of discrimination.

The new law also creates a city Human Rights Commission, similar to those that already exist at the state and county level.

"I believe it is probably the first in the state that goes this far," City Attorney Jose Smith said of the ordinance.

The legislation, sponsored by former Commissioner Victor Diaz Jr., grew out of concern that the 2008 passage of Amendment 2, a statewide voter referendum that limited marriage to a union between a man and a woman, would weaken Miami Beach's laws regarding domestic partnerships.

Diaz, who is openly gay, said the result is one of the strongest human rights measures in the country and a reaffirmation that Miami Beach is committed to equal rights.

"This is about being again at the forefront, at the cutting edge of these issues," Diaz said. "So when people say 'Gee, where should I live? Where do I feel safest? Where do I feel I can express myself and raise children and love my partner and contribute to my community without any fear of discrimination?' they say Miami Beach."

Diaz stressed that the legislation was a win for all people, but acknowledged that the new, updated measure has great significance for Miami Beach's gay community, considering state and federal laws do not offer the same protections covered under the city's new law.

Miami-Dade County has legislation banning discrimination on grounds of sexual orientation, but Robert Rosenwald, director of the LGBT advocacy project at the American Civil Liberties Union of Florida, said Miami Beach's law goes further in protecting all people, particularly those who are gay or transgender. And Rosenwald, like others, hopes Miami Beach's updated legislation will begin a move by the state and county toward a tougher stance against discrimination.

"Miami Beach is the starting point for all progressive legislation in the state, bar none," said Rosenwald, who helped in crafting the new measure. "Where Miami Beach goes first, we hope the state will follow. So it is absolutely essential that Miami Beach's ordinance be clear, and that it have terminology that is currently appropriate and that it have teeth. This ordinance accomplishes all of those things."

CJ Ortuno, executive director of SAVE Dade, a gay rights organization, also hopes the new measure will make a splash with state legislators. He said his organization often lobbies Miami-Dade representatives, pushing them to support amendments to the state's current civil rights statute to extend more protection to gays and lesbians.

But one of Miami Beach's own state representatives is skeptical that the new law will have any impact.

"The state of Florida has a very conservative Legislature," said Luis Garcia, Jr., D-Miami Beach. "To be honest with you, I don't think that type of legislation will be passed in this day and time. Maybe years from now."

And Miami Beach must first prove that its own measure is actually making a difference inside its own boundaries, said Matthew Dietz, a Miami civil rights attorney.

Funding is a priority, Dietz said, considering that the city must pay for investigations into complaints and, potentially, prosecution, should mediation break down.

Dietz points to the county's Commission on Human Rights where, according to the county's website, five staff members handle a county of 2.4 million people.

"They're extremely overworked and overburdened," he said.

City Manager Jorge Gonzalez said no funding is currently alloted for investigating complaints but there are options, such as applying for grants, should costs become an issue.

Dietz also said the city -- which, according to a memo, has received just one discrimination complaint in 18 years -- must effectively promote the new legislation and the ability to file complaints.

"If Miami Beach follows through, is adequately staffed and enforces it and gets word out," Dietz said, "then I think it can make a huge difference."

Miami Beach

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