Language to appear on HERO ballot approved

City Council on Wednesday approved the language that will appear on the November ballot for voters to decide the fate of Houston's equal rights ordinance, one week after the Texas Supreme Court ruled that the original wording was incorrect.

Earlier this month, City Council signed off on a ballot item that would have asked voters whether they wanted to repeal the ordinance. Conservative critics sued the city over the wording, saying it was intended to confuse voters that would naturally vote "no" on any item pertaining to the law - a vote that would have instead affirmed the ordinance.

After the supreme court's ruling that the city had erred, Mayor Annise Parker's administration came back with new language that instead asks voters if they favor the law. It's a technical issue, but one that both campaigns needed clarity on to craft their messaging and start running ads.

'Provocative' verbage

City Council on Wednesday went even further into the weeds on the ballot language when at-large councilman C.O. Bradford offered an amendment that would have removed from the ballot language enumerating the groups protected under the law, such as pregnant women and veterans. Bradford eventually withdrew the amendment, and City Council unanimously approved the administration's version, but not before touching off some debate.

Bradford said that naming the protected classes "simply serves as a verbage that's going to be provocative, that's going to simply arouse passion" on both sides of the issue.

The ordinance bans discrimination based not just on sexual orientation and gender identity - the flash points for opponents - but also, as federal laws do, sex, race, color, ethnicity, national origin, age, religion, disability, pregnancy and genetic information, as well as family, marital or military status.

The ordinance applies to businesses that serve the public, private employers, housing, city employment and city contracting. Religious institutions are exempt. Violators could be fined up to $5,000.

City Council passed the ordinance 11-6 in 2014, triggering a yearlong legal battle between opponents and city officials over whether to send the issue to voters. The Texas Supreme Court in late July ordered City Council to either repeal the ordinance or affirm it and place it on the November ballot. By a 12-5 vote earlier this month, City Council opted for the latter.

'Civil' discussion

Parker, who has been vocal about her frustration with the court ruling, said Wednesday's discussion was "civil."

"The question was do you try to be generic and say 'certain characteristics' or 'special characteristics' or do you list out the characteristics that are protected in the interest of transparency," Parker said. "Clearly City Council finally came down on just listing everything out."

The full ballot language reads: "Are you in favor of the Houston Equal Rights Ordinance, Ord. No. 2014-530, which prohibits discrimination in city employment and city services, city contracts, public accommodations, private employment, and housing based on an individual's sex, race, color, ethnicity, national origin, age, familial status, marital status, military status, religion, disability, sexual orientation, genetic information, gender identity, or pregnancy?"