Smyrna’s nondiscrimination law could impose $1,000 fine on violators

City the first in Cobb County to pass such an ordinance
January 6, 2020 Smyrna: Smyrna City Hall is seen during the City Council meeting on Monday, January 6, 2020, in Smyrna.  Curtis Compton ccompton@ajc.com

Credit: Curtis Compton

Credit: Curtis Compton

January 6, 2020 Smyrna: Smyrna City Hall is seen during the City Council meeting on Monday, January 6, 2020, in Smyrna. Curtis Compton ccompton@ajc.com

The city of Smyrna has solidified its stance against discrimination with a new law that would impose a fine of up to $1,000 on violators.

Smyrna’s new ordinance bars discrimination by people or businesses based on race, color religion, national origin, sexual orientation, gender, gender identity, homeless status, disability, marital status, military status or age for people 40 or older.

Smyrna’s ordinance, the first in Cobb County, requires a person who believes he or she has been discriminated against to file a complaint in Municipal Court. The court clerk will send the complaint to the conciliator within three business days.

That conciliator, who will be appointed by City Council, could ether dismiss the complaint or move it to Municipal Court for prosecution. Anyone found guilty of the ordinance will be fined up to $1,000, according to the ordinance.

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The City Council on Monday voted 6-1 to approve the ordinance, which goes into effect Sept. 15. Smyrna’s ordinance comes a few months after the city passed a resolution denouncing racism.

Smyrna’s ordinance does allow for exemptions, including for religious organizations who hire people to perform work related to their activities, and public or private schools.

Mayor Derek Norton said the city held a town hall meeting last month and heard from residents who were in favor of the ordinance and some who expressed concerns.

“This is a diverse city and we are stronger for it,” he said. “I’m proud of our city. I think we did the right thing.”

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Councilman Corky Welch, the lone dissenter, said his single issue was with the ordinance’s protection of gender identity. Welch said the city’s ordinance will make it easier for people to abuse that classification and harass women and girls in public restrooms.

“It opens up the door for abuse by an individual wishing to create havoc on other people’s lives,” he said.

Councilman Austin Wagner said the city already has laws in place that criminalize that behavior. He also rejected Welch’s claim that transgender people would commit those crimes.

“I think that insinuation is inappropriate and not correct,” he said.

Along with Smyrna, the cities of East Point, Brookhaven, Decatur, Dunwoody, Chamblee, Clarkston and Doraville have all passed nondiscrimination ordinances.

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