Birmingham City Council sets public hearing for LGBTQ-inclusive human rights ordinance

A nondiscrimination ordinance, which has been in discussion for the last four years, will be on this month’s Birmingham City Council agenda. Originally introduced to the Public Safety Committee by Council President Johnathan Austin in 2013, the “Non-Discrimination Ordinance” seeks to protect any person who wishes to enter into a contract with the City of Birmingham from all forms of discrimination, which could be based on, “race, color, religion, natural origin, sex, sexual orientation, gender identity, disability, or familial status,” according to the most recent draft. Supporters of the ordinance are already rallying support on Facebook for the Sept. 26 Council meeting. “While speakers are important, we also need to let the council know that Birmingham supports this ordinance, so we need you to show up even if you don’t plan to speak!” posted the organizers of the event, “Show Up & Speak Out for Fairness.” “We want to pack the chambers and the hallways, so bring some friends with you!” the post continued. The hearing is scheduled from 9:00 a.m. – 12:00 p.m. Eva Kendrick, Alabama director for the Human Rights Campaign, said she was encouraged by the progress being made in Birmingham and hopes the Council will not get “bogged down in the legality” and instead focus on why this is needed. “In Alabama, LGBTQ citizens and others who may be under-protected by the Civil Rights Act of 1964, don’t have local accountability measures when it comes to discrimination,” said Kendrick. “What this ordinance would do is it would lead in creating local accountability. It seems like we’re more stuck on, ‘can we do this,’ as opposed to ‘why we need to do this.’” *This article has been updated to reflect the change in date of the meeting.
Maybe Birmingham Councilman Johnathan Austin just likes jail?

Among Birmingham’s biggest problems is crime. One of the easiest and proven solutions to juvenile crime is mentorship and having engaged people in the community to look up to. Which makes Birmingham City Councilman and Council President Johnathan Austin’s proposal for city officials to disregard the law almost laughable. We all know that Austin doesn’t think laws apply to him. To prove this, we have his earlier two arrests (yes, that’s two), one for DUI in 2014 and another for possession of drugs and drug paraphilia in 2003. but this week he decided to double down on his criminal history and make it official he believes laws just don’t apply to him But this week, Austin decided to double down on his criminal history, making it official he believes laws just don’t apply to him Apparently, the only rules suitable for Austin are ones Jonathan Austin likes. That’s a great example for an elected official to make to the city’s youth. If you don’t like a set of rules, screw it; just do your own thing. Consequences be damned! Earlier this week a crowd in North Carolina thought that too and removed a monument on their own. How did that work out for the woman who promoted and encouraged it? The “22-year-old woman was charged with participation in a riot with property damaging exceeding $1,500 and inciting others to riot, which are felonies, Durham County Sheriff Mike Andrews said. She was also charged with two misdemeanor counts of damage to property and disorderly conduct by injury to a statue”, CNN reported. Though in this case, I’d say it’s probably less about a law he doesn’t like than a publicity stunt. It seems Austin subscribes to the rule, “Never let a serious crisis go to waste.” No one would argue there’s not a national crisis brewing, so, of course, Austin wants to weigh in but not with a statement or peaceful solution. That would be too easy. He wants to do so in dramatic, illegal fashion. Why not? Councilman Austin is up for re-election next week, in an election where he’s expected to keep his seat. But for anyone curious about the other candidates, you can find their bios here on Al.com. Now back to the circus, issue at hand. Thankfully, we have Mayor William Bell who’s response to Austin was like that of a father to a child. “No dear, we’re not going to break the rules because we don’t like them. We’re going to go about this the right way. Now go to your room and play.” Okay, he didn’t say that at all. The mayor’s response was more dignified: “I am not in the business to break the law, I am charged to protect,” Bell said. Now there’s someone who’s working to keep the respect of those who entrusted him with their vote. Bell went on to say he’s looking for legal remedies to remove the statue which is all the supporters of its removal can hope for. I hope Birmingham Police Department is on standby for when Austin decides to take matters into his own hands. We really can’t afford to let people in this city believe they’re above the law. Not even our city councilors. In closing, thank you Mayor Bell! The city needed your show of leadership this week. We all know that, in the coming years, Austin has his eyes on your job. Looks like he’ll need a lot of time to get the maturity it takes not to grab every grandstanding opportunity that comes his way.
Birmingham councilman Johnathan Austin urges mayor to defy state law, remove Confederate monuments

The president of the Birmingham City Council called for the unlawful removal of Confederate monuments from public property on Tuesday. According to AL.com, Council President Johnathan Austin asked Mayor William Bell to defy state law and remove the monuments at a city council meeting. “We need to take them down,” Austin said. “We will deal with the repercussions after that.” The monuments are “offensive to our citizens,” Austin continued. Austin’s comments were made as the debate over confederate monuments has reignited nationwide in the response to the tragedy and chaos of the Charlottesville, Va., characterized starkly by the death of a 32-year-old woman after an Ohio man drove his car through a crowd of counter-protesters who challenged a white nationalist rally. Earlier this year, Gov. Kay Ivey signed a bill into law preventing the removal of historic statues that are more than 40 years old from public spaces, making the removal of the confederate monument found in Birmingham’s Linn Park illegal. “The goal of this bill is to protect all periods of Alabama’s history for our children and grandchildren to learn from,” said the bill’s sponsor Tuscaloosa Republican Sen. Gerald Allen back in March. “Too often, in convulsions of political correctness, a local official will hastily rip down a monument or a statue because it offends the sensibilities of someone, somewhere.” Nevertheless, Mayor Bell said he is actively looking into challenging the law. “I am not in the business to break the law, I am charged to protect,” Bell said.
Scuffle breaks out between Birmingham Mayor William Bell and Councilman Marcus Lundy

Birmingham Mayor William Bell and City Councilman Marcus Lundy got into a dustup in the mayor’s office during a City Council meeting Tuesday morning, according to the city police department. AL.com first reported that the incident may have been over a consultant with a pending contract with the city. Police Chief A.C. Roper responded to the scene at City Hall, where paramedics tended Bell, who came away with a swollen neck. Both Bell and Lundy were subsequently taken to the hospital. Originally reports indicated Lundy grabbed Bell to stop the mayor from leaving a back room where the two had been discussing the consultant. Council President Johnathan Austin, however, implied Tuesday afternoon that it was Bell who assaulted Lundy. Bell was said to have contacted Regions, Lundy’s employer, to say the councilman ought to be fired, but Bell disputed that account. Both men were escorted to the hospital by police Tuesday morning, Roper said. “Violence is never the answer regardless of the location,” Roper said. “It’s extremely concerning, not just for me, but for our entire city so we’ll conduct a thorough investigation and try to get to the bottom of exactly what happened and what precipitated this incident.” Birmingham police said they are considering pressing charges against one or both men. Council President Austin said Lundy will press charges against Bell, but wouldn’t say who he thought began the fight. A photo provided by Austin, seen below, shows blood and scratches on the back of Lundy’s leg. It’s unclear at this time just how Lundy received the injuries. “We have worked continuously to move this city forward, and it’s a sad day when council members are attacked while trying to do the job that they were elected to do,” Austin said Tuesday afternoon. Bell received CT and MRI scans at a Birmingham hospital. The city’s official Twitter account Tuesday evening read simply, “Thank you for all the thoughts and prayers.” For more on the developing story, see Police report blames Marcus Lundy for starting fight with William Bell; charges pending. Hear audio footage of the dustup here.
Uber stoking support in Birmingham with new in-app “future view”

The ride-hailing app Uber has gotten creative in its months-long push to open up shop in Birmingham. Starting Friday, when you open up the app in the Magic City, instead of a car-less road map symbolizing the lack of progress in the City Council users will see a view of the future as supporters see it, in which Ubers are zipping up and down Second Avenue North. You’ll also get a little background on the firm’s regulatory battle with city officials and an option to help out the cause. “Make Uber a reality in B’ham!” a new dialogue in the app implores Birmingham. “This is how easy getting a safe ride could be if City Council pass draft regulations proposed at the meeting on Nov. 17 Committee of the Whole meeting. “Email City Council, urge them to PASS these smart ridesharing regulations this Tuesday,” reads the appeal, along with an option email your councilor. Earlier City Council meetings scheduled to take up the pro-ridesharing rules didn’t exactly live up to expectations. Five councilors failed to show up for a meeting in November, where Uber’s favored ordinance was on the docket. Council President Johnathan Austin, Councilman Steven Hoyt, Councilwoman Sheila Tyson, Councilwoman Lashunda Scales and Councilman Marcus Lundy did not attend the meeting, requiring members to adjourn for lack of a quorum. “There was no quorum. There was no consideration. There was no class,” said one AL.com editorial. “It’s all about petty politics, about fights over contractors and lobbyists.” Austin ascribed the absences to the meeting’s close proximity to the Thanksgiving holiday. Either way, Uber state General Manager Tom Maguire said Friday he is hopeful Tuesday’s meeting will be more productive. “Since August, Birmingham City Council has been working to revise regulations so that Uber can operate in the Magic City, and there’s no reason to delay any further,” said Maguire. “With this app view, Birmingham residents and visitors can see for themselves how easy it could be to get a ride in Birmingham, and what reality could look like in just a few weeks if the City Council passes the draft regulations from the November 17 Committee of the Whole meeting,” Maguire said. See below for screenshots of the new appeal:
Uber, Lyft ridesharing in Alabama gets mixed reaction from lawmakers

Lawmakers can’t agree whether bringing an app-based ride-hailing service like Uber or Lyft to Alabama is a good thing. Just this week, House lawmakers declined to vote on legislation by Rep. Jack Williams that would have forced the companies to operate under greater state supervision. Legislators’ responses to the bill were mixed, according to reporters at the hearing, ranging from concerns over sexual assaults of passengers to the low proposed registration fee. That may not be surprising, since the public is reporting mixed views on ridesharing. Uber and Lyft are mobile-app based ridesharing networks. In a nutshell, they provide passengers who need a ride with a driver able to provide it. Passengers can use a smartphone to schedule a ride alone or to arrange to share with several strangers headed the same way. Riders in major cities worldwide are already using the service. Though both companies are privately-owned and not required to issue financial projections, Uber is projected to earn upward of $10B in 2015; Lyft is expected to generate $1B in revenue. Uber has already made several attempts to break into Alabama markets: Tuscaloosa, Huntsville, Birmingham and Auburn. Last year, Uber launched a social media campaign to rally supporters in Birmingham to the idea and block the city’s attempt to add regulations to their model. Hundreds of tweets using the hashtag #BirminghamNeedsUber showed overall support from would-be passengers. Birmingham resident Amanda Watkins tweeted “Friends in Alabama: If you want to have a good time in Birmingham and a safe ride home, then support @Uber! #BirminghamNeedsUber” In Wednesday’s hearing, Hoover City Council member John Lyda reportedly said that he was in favor of bring the model to the state, saying it would bring “choice and competition” to his residents. Former driver Harry Poole said, “When I was in Auburn, everybody loved Uber,” and that parents would often tell students to call Uber rather than a traditional taxi service. But some have voiced concern over Uber’s tiered approach to service. In an interview, Birmingham City Council president Johnathan Austin said that cheaper UberX version was problematic because of lower driver requirements and training: “We want Uber but With UberX you just don’t know because it’s a different model. So you could have a driver who might not have been trained, you could have a driver who does not know the city.” The company maintains that its insurance and training requirements help to ensure passenger safety. “All uberX rides are insured up to $1M per incident–twice what is required of taxicabs in Birmingham,” Uber officials said in that same story. “Drivers must pass rigorous background checks at the county, state and federal level before they are ever allowed access to the technology.” Despite the company’s assurances, there have been several reports alleging driver misconduct in Alabama and nationwide. The company’s launch in Tuscaloosa quickly devolved into a fight with city officials over ordinances that govern taxi services. Soon after that, an Uber driver was caught in an undercover sting and charged with ordinance violations along with several drug and alcohol offences. Uber and Lyft have also been the subject of lawsuits by passengers, with allegations including negligent driving, assault, and sexual assault. In fact, Birmingham City Councilor Kim Rafferty cited concerns over passenger safety in a leaked email exchange with Mayor Walt Maddox. In her email, Rafferty suggested the formation of an ad-hoc committee to work with ridesharing companies in and out of the state on a model that meets regulatory and safety concerns. “Change in the on-demand for hire transportation industry is coming,” she said. “We need to be not just prepared but proactive.” No vote from lawmakers on Wednesday could mean that – for good or ill – change is unlikely to come to Alabama in this legislative session. In the interim, Uber has taken another approach to attracting local fans. The Uber in Alabama Twitter accounted tweeted on Friday, “Though regulations prevent us from connecting you with rides in #Birmingham, we can still connect you with giving” with a link to have an Uber driver pick up donations and drop them off at a Goodwill center in Birmingham.