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COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | July 20, 2022 | | | | First Reading
| | SUBJECT: | AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED “HUMAN RELATIONS,” BY AMENDING ARTICLE II, ENTITLED “DISCRIMINATION,” BY AMENDING DIVISION 1, ENTITLED “GENERALLY,” BY AMENDING SECTION 62-31 THEREOF, ENTITLED “DEFINITIONS,” SECTION 62-33 THEREOF, ENTITLED “PURPOSE; DECLARATION OF POLICY,” AND SECTION 62-37 THEREOF, ENTITLED “DUTIES AND POWERS;” AND BY AMENDING DIVISION 3, ENTITLED “REGULATIONS,” BY AMENDING SECTION 62-86 THEREOF, ENTITLED “DISCRIMINATION IN EMPLOYMENT,” SECTION 62-88.1 THEREOF, ENTITLED “DISCRIMINATION IN PUBLIC SERVICES,” SECTION 62-90 THEREOF, ENTITLED “USE OF MUNICIPAL FACILITIES,” AND SECTION 62-91 THEREOF, ENTITLED “MUNICIPAL FUNDS; AND BY AMENDING DIVISION 4, ENTITLED “EXCEPTIONS,” BY AMENDING SECTION 62-111 THEREOF, ENTITLED “EMPLOYMENT,” AND BY AMENDING SECTION 61-112 THEREOF, ENTITLED “HOUSING,” TO CREATE AN ADDITIONAL PROTECTED CLASSIFICATION CATEGORY IN ORDER TO PROHIBIT DISCRIMINATION BASED UPON A PERSON'S HAIR TEXTURE OR HAIRSTYLE IF SUCH TEXTURE OR STYLE IS COMMONLY ASSOCIATED WITH A PARTICULAR RACE OR NATIONAL ORIGIN; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| The Public Safety and Neighborhood Quality of Life Committee (PSNQLC) approved the language proposed by the City's Human Rights Committee and recommends an amendment to Chapter 62 of the Code of the City of Miami Beach. |
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| | | | | | | | BACKGROUND/HISTORY
| On April 12, 2021, the City’s Human Rights Advisory Committee unanimously requested the City to amend its Human Rights Ordinance to prohibit discrimination based on natural hairstyles and textures, as referenced in the attached LTC No. 188-2021. Throughout United States history, society has used hair texture and hairstyle to classify individuals on the basis of race, and like one’s skin color, one’s hair has served as a basis of race and national origin discrimination. Race and national origin discrimination can often occur because of longstanding biases and stereotypes associated with hair texture and style. For example, routinely, people of African descent are deprived of educational and employment opportunities because they are adorned with natural or protective hairstyles in which hair is tightly coiled or tightly curled, or worn in locs, cornrows, twists, braids, Bantu knots, or Afros. In 2018, the United States Armed Forces had grooming policies that barred natural or protective hairstyles that servicewomen of African descent commonly wear and that described these hairstyles as “unkempt”, which policies were later rescinded due to the recognition that this description perpetuated derogatory racial stereotypes. However, some courts have interpreted federal and state civil rights law by narrowly interpreting the meaning of race or national origin, and thereby leading employers,
school administrators, and other entities to discriminate against people of African descent who wear natural or protective hairstyles even though the employment policies involved are not related to workers’ ability to perform their job. The narrow interpretation of race or national origin has resulted in a lack of federal civil rights protection for individuals who are discriminated against on the basis of characteristics that are commonly associated with one’s race and national origin. Consequently, state legislatures, including California, New York, New Jersey, Virginia, Maryland, Washington, and Colorado, and municipal bodies throughout the United States, have introduced and passed legislation that protects against natural or protective hairstyles commonly associated with race and national origin. After receiving the LTC, on October 13, 2021, the City Commission discussed amending Chapter 16 of the code of the City of Miami Beach entitled “Human Relations” to prohibit discrimination based on natural hairstyles and textures and referred the discussion to the Public Safety Neighborhoods Quality of Life Committee. On May 17, 2022 the Public Safety Neighborhoods Quality of Life Committee discussed the modification of the ordinance, heard public comment, then voted affirmatively to direct the City Attorney and the Human Resources Department, with consultation of the Fire Chief, Police Chief and Human Rights Committee, to present a draft ordinance to the City Commission.
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| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
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| | | | | | | | FINANCIAL INFORMATION
| | N/A |
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| | | | | | | | CONCLUSION
| | The purpose of the City’s Human Rights Ordinance is to prevent discrimination against any individual(s) for any basis articulated in Section 62-33 of the City Code. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Strategic Connection
| | Non-Applicable |
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| | | | | | | | Legislative Tracking
Human Resources |
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| | | | | | | | Sponsor
Commissioner Alex Fernandez and Vice-Mayor Kristen Rosen Gonzalez |
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