Nearly a year after the Houston City Council approved an Equal Rights Ordinance, a judge is expected to rule this week on whether anti-LGBT groups gathered enough valid signatures to place a repeal of the measure on the ballot.
The city filed a motion Friday alleging that opponents of the ordinance remain 650 signatures short of the number needed to trigger a referendum.
The Houston Chronicle reports:
"Under the jury's verdict, and under any honest application of the court's rulings, plaintiffs lose, the city wins, and civil rights are safe in Houston, Texas," said Geoffrey Harrison, lead attorney for the city. …
Andy Taylor (right), attorney for the plaintiffs, said he was not fazed by the city's filing Friday and would submit his own count Monday proving opponents have a valid petition.
"I'm excited to report that our number exceeds the minimum number required so we're going to get to have an election for the city of Houston," Taylor said.
Mayor Annise Parker has placed enforcement of the ordinance, known as "HERO," on hold pending the outcome of the case. In February, supporters of HERO reported that since it passed, 84 cases of discrimination had been reported to the city's Office of the Inspector General, including 52 that would have been covered by the ordinance. From HouEquality.com:
These reported cases of discrimination run the gambit of protected characteristics, from race to age to gender to disability to sexual orientation to gender identity to national origin to veteran status.
If you look at the math, that breaks down to 1.6 people every week who are actively facing discrimination in some form and who have no local remedy because HERO is not in effect. To look at it another way that is almost 7 people (6.9 to be exact) every month.
After Houston became the last major city in the US to add LGBT protections, opponents launched a petition drive to repeal them. The city eventually rejected the petition, saying it didn't have enough valid signatures to qualify for the ballot.
Anti-LGBT groups filed a lawsuit, and in February a jury determined that among other things, the petition contained widespread forgery. Based on the jury's determinations about which signatures should be considered valid, Judge Robert Schaffer began a final count. In late March, Schaffer revealed that opponents of the ordinance were roughly 3,000 signatures short of the 17,269 needed. However, approximately 8,500 signatures remained in question because they appeared on pages circulated by people whose names weren't legible.
Opponents have vowed to appeal if Schaffer determines they don't have enough valid signatures.
Houston officials rejected a separate petition last week aimed at repealing the ordinance — and enshrining a transgender bathroom ban in the city charter — after the organizer misread rules about the number of required signatures.