Should Salem Bar Discrimination Based on "Housing Status"?

By Sarah Owens and Michael Livingston

Salem's Human Rights Commission thinks so, and it's ever so politely asked City Council to "Explore adoption of housing status as a protected identity within the Human Rights Chapter of the Salem Revised Code."  (SRC Chapter 97.)  Councilor Stapleton is expected to move to accept the HRC's recommendation at the first meeting of 2022.  If Council agrees, as seems likely, it would then direct staff to come back at a future date with draft code amendments.  

According to a December 8, 2021 memo (embedded below), the HRC is concerned about reports of people experiencing homelessness being subjected to violence, including being urinated on while sleeping, and excluded from public accommodations "without a behavioral reason."  The HRC wants the City to provide protections for people experiencing homelessness from acts of intimidation as defined by SRC 97.080 Intimidation (making certain acts unlawful) and a "reporting mechanism for micro-aggressions and bias incidents."  

Merriam-Webster defines micro-aggression as "comment or action that subtly and often unconsciously or unintentionally expresses a prejudiced attitude toward a member of a marginalized group (such as a racial minority)."  The acts prohibited under SRC 97.080 all have an element of intentionality (intentionally, knowingly, recklessly).  The City would have to make micro-aggressions and mere bias strict-liability offenses in order to make them unlawful, and that it will never do for reasons that should be obvious.  Providing a mechanism to report acts that are not unlawful is not only impractical, it would surely create unrealistic expectations of the City and further disappointment in its response to homelessness.  For this reason, any reporting mechanism the City stands up should be focused on allegations of unlawful conduct.      

The HRC considered that two other cities prohibit discrimination based on housing ("homeless") status.  Madison, Wisconsin, Code of Ordinances, Sec 39.03 Equal Opportunities Ordinance prohibits the denial of equal opportunity in housing, employment, public accommodations and City facilities on the basis of homelessness, defined as "the status of lacking housing (without regard to whether the individual is a member of a family)", including shelter and transitional housing residents.  Louisville, Kentucky, Metro Ordinance, Sec 92.03 Unlawful Practices in Connection With Housing, bars discriminatory housing practices on the basis of homeless status, and defines homeless as lacking "a fixed, regular, and adequate nighttime residence", including shelter and transitional housing residents.  

It may be argued that amending SRC Chapter 97 will have little, if any, practical effect on homelessness in Salem, but the same could be said for Mayor Bennett's contentious, never-implemented sit-lie ordinance (see "Sit-Lie Passes, But Will Cost"), which left many in the community feeling disgusted with the Mayor and Council's leadership.  Sit-lie was a stupid and wrong thing to do, and some act of contrition is called for.  Amending SRC Chapter 97 to include people perceived to be experiencing homelessness would be a good start.   

 

1/6/22 Update:  Councilor Stapleton's Motion