Following a push by local activists, Lawrence city commissioners on Tuesday will consider approving an ordinance to enhance protections for transgender and gender-nonconforming people.
The draft Ordinance No. 9999 declares the city “to be a safe, inclusive, and welcoming City and a safe haven for all persons seeking shelter from the adversity of discrimination, in all its forms, including those persons affected by Senate Bill 180 as enacted,” according to the agenda item.
Legislators’ discussions made clear that their intention with SB 180, one of multiple anti-trans laws the Legislature passed this year, was to bar transgender and other gender-nonconforming people from using facilities such as restrooms, locker rooms, rape crisis centers, domestic violence shelters, prisons and more that align with their gender identity. SB 180 went into effect July 1, and a court battle has already begun over state agencies’ ability to issue identification documents with corrected gender markers for transgender people.
The city will not enforce SB 180, but local activists have said that assurance isn’t enough, and the city should take a concrete stance against discriminatory legislation and declare Lawrence a safe haven for LGBTQ+ people.
Representatives of No SB 180 in Lawrence, the main group pushing for the safe haven ordinance, and attorney David Brown have been working with city legal staff in recent weeks to make that happen.
“(Kansas Attorney General Kris) Kobach has already begun pushing enforcement beyond what he said SB-180 called for, and we believe the state has no intention of backing down, so it is important to present strong opposition as soon as possible,” Reagan Eidemiller, a member of No SB 180 in Lawrence, said via email Thursday evening.
“WHEREAS, as enacted, Senate Bill 180, threatens the health, safety, and welfare, as well as the rights and privileges, of persons located within the City, threatens the City’s trade, commerce, and ability to attract new businesses, is antithetical to the City’s goal of providing a safe, inclusive, and welcoming community for all persons, and menaces the institutions and foundations of a free democratic state,” the draft ordinance states, before amending city code.
The ordinance continues to say that to the extent allowed by law, city officials, officers, employees, agents or contractors shall not gather or disseminate information about someone’s “biological sex, either male or female, at birth,” as SB 180 states. It says the city will not assist or cooperate in any investigation, detention, arrest, surveillance or gathering of information “by any jurisdiction having authority to enforce Senate Bill 180.”
Eidemiller said the current draft is stronger than some that city legal staff initially presented — it’s more than a statement.
“It is a binding ordinance instead of a resolution and contains language designating Lawrence as a safe haven,” Eidemiller said.
Here’s the draft ordinance:
20230713-Draft-ordinance-9999-2
The ordinance is on the commission’s consent agenda, a list of items that are generally approved with one vote unless a commissioner or member of the public asks to pull an item for discussion.
In order to become effective, the ordinance must pass on a first reading and a second reading; a second reading could come as soon as the commission’s Aug. 1 meeting if it passes on the first reading on Tuesday.
The Lawrence City Commission will begin its regular meeting at approximately 5:45 p.m. Tuesday, July 18 at City Hall, 6 E. Sixth St. Commissioners will meet for an executive session (meaning behind closed doors) starting at 5 p.m. See the full meeting agenda at this link.
The commission accepts written public comment until noon the day of the meeting emailed to ccagendas@lawrenceks.org. People may also provide public comment during the meeting in person at City Hall or via Zoom. Register for the Zoom meeting at this link.
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Mackenzie Clark (she/her), reporter/founder of The Lawrence Times, can be reached at mclark (at) lawrencekstimes (dot) com. Read more of her work for the Times here. Check out her staff bio here.
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