COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON LAW AND GOVERNMENT - - - Room 696, City Hall Philadelphia, Pennsylvania Wednesday, May 8, 2002 10:45 a.m. - - - BILL 010719 - an ordinance amending Chapter 9-1100 of the Philadelphia Code entitled "Fair Practices by prohibiting discrimination in employment, housing and public accommodations on the basis of a person's gender identify as defined, all under certain terms and conditions. - - - PRESENT: COUNCILMAN DAVID COHEN, Chair COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN FRANK DICICCO COUNCILMAN MICHAEL NUTTER COUNCILMAN ANGEL ORTIZ COUNCILMAN FRANK RIZZO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 (215) 561-2220 2 I N D E X BILL 010719 LAZAR KLEIT, Commission on Human Relations .... 6 STACEY SOBEL, Center for Lesbian & Gay Civil Rights ................................ 18 MICHAEL WILLIAMS, OutFront, Inc. .............. 22 LISA MOTTET, ESQ., Transgender Civil Rights Project, National Gay & Lesbian Task Force .. 25 MARA KEISLING, Pa. Gender Rights Coalition .... 28 MARCUS IANNOZZI ............................... 33 CHARLENE MOORE ................................ 38 RICK FEELY .................................... 41 KATHY PADILLA ................................. 45 3 5/8/02 - LAW AND GOVERNMENT - BILL 010719
I'm sorry to hold everyone. But since this may involve an education experience for a number of members of the Committee, including myself as chairman of the Committee, I think rather than speaking just to me, I would rather to get as many members of the Committee as possible here to hear the testimony. Since this is a bill, in order to act on it in a legal fashion, we would have to have a quorum here to vote on it. I think in view of the fact that this may contain information not generally known or understood, I'd rather have the members of the Committee know what they're voting on rather than have them take my word for it because I'm not sure whether I'll be properly interpreting to them. So we're going to try very hard to round up enough members of the Committee to get a quorum. I have no reason to believe anybody is staying away purposely. But we're drawing very close to the end of the session, and for that reason many Councilmembers have other heavy committee duties. Some of them want to get in before the summer begins the last visitation in public because next year is an election year for City Council. And about this time before an election, councilmembers 4 5/8/02 - LAW AND GOVERNMENT - BILL 010719 get aware of the fact that they haven't been out enough publicly and therefore they'd better get busy going to ground breaking ceremonies, attending school classes and that kind of thing. So if you're patient, I think we will get under way and you can begin the educational experience with us as to why it's important to take the action that you're requesting and we can proceed from there on in. I've tried to learn a little bit about the subject matter in advance, but this bill was introduced by Councilman DiCicco. And the general practice in Council is that he or she who introduces the bill 14 has the major responsibility for educating everyone. I think Councilman DiCicco will be with us shortly. I'm going to be asking him to sit as a member of the Committee. I will need the President of City Council's approval so that he would become a voting member at least for today for this committee. (Pause.)
The Committee on Law and Government is now in session to consider hearing testimony on a bill introduced by Councilman DiCicco and referred to this committee. The bill is numbered 010719. And I ask the Clerk of the 5 5/8/02 - LAW AND GOVERNMENT - BILL 010719 Committee, Tim Kearny, to read the title to the bill.
The title of ordinance 5 010719 is an ordinance amending Chapter 9-1100 of the Philadelphia Code entitled "Fair Practices" by prohibiting discrimination in employment, housing and public accommodations on the basis of a person's gender identify as defined, all under certain terms and conditions.
All right, I'm going to call together and ask the first panel. I understand there are going to be two panels of witnesses. I'm going to ask the first panel to come to the front. That's Panel A. I'm told Mr. Lazar Kleit, the Executive Director of the Philadelphia Commission on Human Relations will be the first witness. The Reverend Allen will testify if he comes directly thereafter. And then we'll go to the two panels. Mr. Kleit, we're very pleased to have the Administration here. And I assume your testimony represents the official position of the City Administration.
Councilman Cohen, yes, it 6 5/8/02 - LAW AND GOVERNMENT - BILL 010719 does.
Mr. Kleit, will you proceed with your testimony? First identify yourself for the record.
My name is Lazar Kleit. I'm the Executive Director of the Philadelphia Commission on Human Relations. I bring you greetings from James Allen who is the Chair of the Commission, and the members of the commission. Reverend Allen asked me if I would present his testimony if he was not here when you began. It's a very brief statement. Both my statement and Reverend Allen's statement represent the policy of the Commission as well as the policy of the Administration and have been reviewed by both. This is Reverend Allen's statement without the salutation. "Several months ago we were contacted by the Mayor's Advisory Commission --
How long is Reverend Allen's statement? 7 5/8/02 - LAW AND GOVERNMENT - BILL 010719
"Several months ago, we were contacted by the Mayor's Advisory Commission on Lesbian, Gay, Bisexual and Transgendered matters regarding a proposal to add gender identity to the Fair Practices Ordinance. Members of the Commission's Law Committee reviewed the request, and drafted language for the proposed bill. Subsequently, our executive director and the chair Law Committee met with members of the task force, staff of City Council, and representatives of the transgendered community. The bill before you represents the product of those discussions. "My purpose today is to inform Council of three things: First, this bill is consistent with the conclusions drawn by --
Will you hold it until that disturbance passes? The vice chair of the Committee wants me to announce that the quorum now exists in the presence to my extreme right Councilman Rizzo. That's accurate not only geographically, but politically. Councilman DiCicco, Councilman Nutter, 8 5/8/02 - LAW AND GOVERNMENT - BILL 010719 Councilman Ortiz and myself. They're all to my right and it's accurate in both areas. Go ahead Mr. Kleit.
"First, this bill is consistent with the conclusions drawn by the Commission after careful review of similar legislation from other jurisdictions, polling the affected communities, and serious discussions among the commissioners;. "Second, we believe that this bill 12 provided protections under our law for a class of persons who have a demonstrated need for such protections;. "Finally, and probably most importantly, this bill is consistent with the mandate given to the Philadelphia Commission on Human Relations. Over 50 years ago by the voters: To guarantee that all persons are treated fairly in employment, housing, public accommodations and the delivery of City services irrespective of an individual's personal characteristics." And Reverend Allen thanks you for allowing him to present this before you. I have a statement as well. I can 9 5/8/02 - LAW AND GOVERNMENT - BILL 010719 either read it to you full -- it's really quite brief -- or condense it. Whatever your pleasure.
I think reading we found that sometimes summarizing it doubles its length so why don't you go ahead and read your statement and we may ask you questions which you'll expand on it.
Councilman Cohen, members of Council, my name is Lazer Kleit. I'm the Executive Director of the Philadelphia Commission on Human Relations. I would like to acknowledge the staff of Councilman DiCicco's office, staff of our agency, including Rachel Walton who is sitting here who is our deputy director, staff and members of the Mayor's Lesbian, Gay, Bisexual and Transgendered Advisory Commission, members of the transgendered community, and other interested individuals with whom I was privileged to work during the process of drafting of the language of this bill. As the regulatory body required to enforce this ordinance, we had three concerns: 10 5/8/02 - LAW AND GOVERNMENT - BILL 010719 One, will this ordinance succeed under judicial review? Our research, as well as research provided by the staff of the LGBT assures us that it will. We also believe that testimony which will be presented to you later this morning will establish a formal record of need which is a necessary prerequisite in the event of any future judicial review. Two, is this an enforceable ordinance? We've been taking complaints from transgendered persons under our perceived sexual orientation chapter for several years. Our experience is that the potential respondent community, employers, housing providers and places of public accommodations, can make reasonable accommodations under this ordinance when meeting its requirements without hardship or economic damage. This is substantiated by the experiences in other jurisdictions which have had gender identity and their civil rights laws many years. We also expect to meet with representative bodies of the stakeholder communities to develop enforcement standards. Three, can we administer this amendment 11 5/8/02 - LAW AND GOVERNMENT - BILL 010719 to the Fair Practices ordinance without incurring additional costs to the City? Our senior staff has reviewed the experiences in other jurisdictions as well as the Commission's recent experiences described in the preceding paragraph. We believe the potential case load will be fairly small and that we will have know difficulty enforcing this amendment with existing staff. In addition, members of the transgendered community have agreed to provide our staff with training and resources to assist us in our work. Thank you again for permitting me to speak on this matter. I'll be happy to answer any questions.
Thank you. Are there any questions by members of the Committee? Let me ask this. Will this definition cover every grouping that exists? When we say gay and lesbian, most of us thought we were covering in -- well, some of the us thought we were covering the entire non-heterosexual community, but that obviously is not the case. Would this complete the circle?
It will. It will fill a gap 12 5/8/02 - LAW AND GOVERNMENT - BILL 010719 that we have felt in our agency for a very long time. There is an entire class of people who may or may not get protections under our law, really depending on what the City Solicitor permits us to do and the sorts of cases come in, whether or not they can fit neatly under perceived sexual orientation. We're concerned about a number of potential cases, and there will be testimony to this later, that we cannot accept under our current law. So the short answer is yes, this will fill a need.
As I would understand, basically all religions, we're God's children and I don't know how we distinguish between them as to who has what rights. Seems to me everybody would have the right to be whatever they are and to be fully protected in being what they are. And as I gather, this legislation that Councilman DiCicco has introduced, it has that as its purpose. Seeing to it that on no sexual basis whatever can anything be considered kind of outlaw in the sense one may freely discriminate against that person. But we must all recognize -- it becomes one of the rules of life. We must recognize the right of everybody to be whatever they are and 13 5/8/02 - LAW AND GOVERNMENT - BILL 010719 no one may be discriminated against because of their sexual orientation or what people perceive their sexual orientation to be. Would that be a general definition of the legislation?
Absolutely. And it is consistent with the statement in Reverend Allen's testimony. We're simply concerned about extending the policy of fairness to all potential individuals who may be treated unfairly because of certain individual characteristics.
Thank you. Any questions? Any comments by any member of the Committee or questions? Hearing none, that you very much. We proceed on to the panel discussions. Panel A, which according to my notes will be Stacey Sobel, the Executive Director the Center for Lesbian and Gay Civil Rights; Michael Williams, Esquire, President of Outfront; and Mayor Street's LGBT Advisory Board; and Lisa Mottet, Legislative Lawyer for the Transgender Civil Rights Project and of the National Gay and Lesbian Task Force.
Councilman Ortiz. 14 5/8/02 - LAW AND GOVERNMENT - BILL 010719
I'm looking at the audience here and it really shows how far we have come in this City. If we were having this hearing just years ago, I think this room, plus another 6 room, plus the hallway would be filled with people. 7 Probably the cardinal would be here. Probably a 8 whole bunch of reverends and so on and other 9 individuals all protesting this legislation and how 10 this is another example of the destruction of western society as we know it. And as one who saw this from the very beginning in 1985 when the hostility and the vituperation and the name calling and the bible quoting went on and on for hours and hours, just because of a little resolution at one point in which this gentleman and I were the only ones really to vote for. It really shows how far we have come. It really shows how far have come that such a bill has not stirred up the pot of controversy as other has. And maybe it's because they might not know it. I may be wrong. And when they realize that this is passing, they'll come out in two weeks. But it really is satisfying that almost everybody -- I think everybody who is here is supportive of the bill. It's just an example of how 15 5/8/02 - LAW AND GOVERNMENT - BILL 010719 far we've come. To me, it shows a lot of growth in terms of the City and of tolerance that we have.
Well, the members of the Committee here, I believe the only two people involved in City Council at the time the original anti-discrimination bill was passed was Councilmember Blackwell, the husband of present Councilwoman Blackwell who was the immediate introducer of the bill and myself was the chief cosponsor in 1983 when the bill first passed. And we're glad that those that came after us showed much greater wisdom than those of us who were in Council at that time when we had a tremendous battle that Councilman Ortiz is referring to get passage of this bill. I think it shows a certain maturity. It also shows that you can bring about change in people's behavior when government sets a proper model. And I want to commend Councilman DiCicco for the introduction of this bill. Now, I also wanted to mention that the fourth member of the panel is Mara Keisling, Co-Chair of the Pennsylvania Gender Rights Coalition. And the sixth member of City Council is 16 5/8/02 - LAW AND GOVERNMENT - BILL 010719 present today so we have beyond that of a quorum is Councilwoman Jannie Blackwell who has been known for her total support of all groups of people, particularly those most vulnerable, those most attacked, those having the least political clout and those most discriminated against. And she is a very worthy successor to her husband. Councilman Nutter.
Thank you, Mr. Chairman. I'll be brief. Just on the heels of the comments made by Councilman Ortiz and yourself, I have to admit similar to Councilman Ortiz, when I came in this morning, and I naturally was a co-sponsor of this bill, but when you see the bills in the pink paper, people know our bills are initially -- they're in pink and then when they became an ordinance, they turn to white. I actually had to look for what the change was. My colleagues will all remember that that five years ago in 1997 going into 1998, if you look at the pink bill, the words in italics, today's topic is gender identity. That follows five years ago we put another word in the same section, sexual orientation, when we were dealing with the issue of domestic partnership. 17 5/8/02 - LAW AND GOVERNMENT - BILL 010719 Councilman Ortiz is correct. There were hundreds of people in our Council Chamber -- you know we've been relocated from those chambers -- with all kinds of predictions of doom for the City, that the place was literally going to fall apart, we were right on the edge of a virtual Sodom and Gomorrah. And the reality is virtually nothing has happened out of any of those predictions. Some how the City has been able to survive over the last four years and gone on to grow. And so it is true that we have come a ways. We still have a ways to go in terms of people dealing with other people in the realities of life. But, quite frankly, it is kind of nice to be able to come to one of these hearings and be able to have a civil, rational discussion about what goes on in the real world and not get caught up in the worst of people's fears. So I won't delay these proceedings, but sometimes it is nice to stroll down memory lane to remember where we were and to also acknowledge where we are at the moment. A lot has happened in the last four years and much of it is due to your commitment to being Philadelphians and helping some of us to understand how we need to adjust our mindset. Thank you. 18 5/8/02 - LAW AND GOVERNMENT - BILL 010719
All right, thank you. Any other statements? Then will the panel proceed in whatever manner you choose. Are you going to go in the order in which I named them?
Yes, we will be going in that order. Good morning, Mr. Chairman and committee members. Thank you for the opportunity to speak today regarding amending the Fair Practices ordinance in the City to include gender identity. My name is Stacey Sobel and I'm the Executive Director for the Center for Lesbian and Gay Civil rights. We're based here in Philadelphia, but we assist people state wide. One of the things that we do is we're a non-profit organization that advocates for lesbian, gay, bisexual, and transgendered people throughout the state through direct legal services, education, and policy reform. When the center was founded six years ago, the word "transgender" was not in our mission. At that time, we didn't think that it was something that our organization needed to address. But it became clear very soon that it was something we 19 5/8/02 - LAW AND GOVERNMENT - BILL 010719 needed to address because transgendered people faced in many ways the same types of discrimination as lesbian, gay, and bisexual people. But what was even more clearer was that in many ways these people were even more likely to be discriminated against again gay, lesbian, and bisexual people. In the last year alone, percent of 9 the calls to the center were from transgender 10 people. These individuals have asked the center for help on a wide variety of issues. And the top two requests for legal assistance are in the areas of employment discrimination and public accommodation discrimination. These cases have included a male to female transgender person who is thrown out of a residence home after they discovered she was transgender. With nowhere else to live, she turned to a homeless shelter that also kicked her out after they discovered her gender identity. Others have been denied employment or fired due to gender identity. People have been insulted, harassed, and denied the opportunity to patronize our City's businesses. Some other examples I'll give you, for 20 5/8/02 - LAW AND GOVERNMENT - BILL 010719 example, is one person contacted the center because she had been harassed and fired from her job almost immediately after her supervisor learned that she was transgender. Without a law in place to protect her, the center's efforts to get her job reinstated were very limited. Another example is a young man who contacted us after he transitioned from female to male. He was really harassed on the job, and that included his employer's refusal to even call him by his male name. We've also seen a number of cases where people have been treated badly in City services, including the Police Department and have been harassed there as well. So we believe that this type of law will really help give us legal means to protect these people. This type of discrimination is not unique. It occurs throughout the country. The issue, however, is how are we as a community going to help those people who are most at risk. Currently in Pennsylvania, five jurisdictions prohibit discrimination based upon a person's 21 5/8/02 - LAW AND GOVERNMENT - BILL 010719 identity. Those include Erie County, Allentown, Pittsburgh, Harrisburg, and York. All those jurisdictions prohibit discrimination of a transgendered person upon their transgender status in housing, public accommodations, and employment. State wide protections do not exist. Therefore, it is incumbent upon local jurisdictions to do the right thing by protecting all of its most vulnerable inhabitants and visitors. I urge the City Council to pass this legislation so that transgender people and individuals who are discriminated against because they don't look like most men or most women have a legal claim to fight the discrimination they face. We cannot rely on these provisions to guarantee protection from discrimination based upon gender identity in our current law. They include sexual orientation, they include gender, but they do not explicitly state gender identity.
And until gender identity is specifically and clearly included in the Fair Practices ordinance, people who are discriminated against will be at the mercy of others to determine whether or City law protects them. This legislation is fair. It is needed. 22 5/8/02 - LAW AND GOVERNMENT - BILL 010719 It is just. On behalf of the Center for Lesbian and gay civil rights and our clients, I respectfully request that the Committee on Law and Government support this legislation. Thank you.
Thank you. I would like to suggest, unless there's objection by members of the Committee, that each member of the panel proceed with their statements prior to the questioning of any member. Michael Williams.
Thank you. Good morning. Mr. Chairman and Members of the Law and Government Committee. My name is Michael Williams. While most of you know me as Community Legal Services Deputy Director, I come to you today as President of OutFront, Philadelphia's only LGBT political and legislative advocacy non-partisan, non-profit organization and is a members of Mayor Street's LGBT Advisory Board. One of OutFront's primary goals is to act as an advocate for each and every member of Philadelphia's LGBT community. This goal inspired OutFront to take up the cause of including gender identity in the Philadelphia Code's 23 5/8/02 - LAW AND GOVERNMENT - BILL 010719 non-discrimination. It is OutFront's belief that this language was inadvertently not included when the City of Philadelphia added non-discrimination language to the Philadelphia Code. We also believe that the City of Philadelphia with its tradition of fairness and equality will readily agree that this gender identity language presented today before this esteemed body is appropriate, consent with the City of Philadelphia's non-discrimination goals, and long over due. OutFront initially brought this issue to the Mayor's Advisory Board. The Mayor's Advisory Board, like OutFront is made up of members from all sectors of Philadelphia's LGBT community. The Advisory Board delegated the responsibility to draft gender identity language to me. With the invaluable assistance of a Penn Law student, Latonda Dunbar, we thoroughly researched this issue. We found that numerous municipalities in this country had varying forms of gender identity language in their respective non-discrimination ordinances. Our task rapidly grew in scope as we found ourselves pouring over hundreds of pages of statutes, statistics, ordinances, charts, graphs, and commission studies. 24 5/8/02 - LAW AND GOVERNMENT - BILL 010719 With additional help from two other volunteers, Agatha Koprowski and Corey Brooks, we exhaustively analyzed accumulated documents which were later indexed by Ms. Koprowski to serve as a substantive basis for our final work product. After reviewing all of our research, particularly the many, many examples of gender identity language found in dozens of municipalities across the nation, Ms. Dunbar and I eventually drafted language that we determined to be more comprehensive than most examples we'd found. We absolutely believe that the language we drafted was extremely fair and just, would completely and effectively cover all trans-identified individuals and would stand up to and survive judicial scrutiny. My Advisory Board colleague, Chris Bartlet, and I presented the findings and recommendations full advisory board and to Michael Henson for approval. After much needed input from the members of the trans community and from the Philadelphia Human Relations Commission, the gender identity language you have before you today is slightly different from the language I'd originally drafted; different because the changes make the 25 5/8/02 - LAW AND GOVERNMENT - BILL 010719 language even more effective. I couldn't be more proud of this final result because it is the end result of the efforts of a multitude of individuals all passionately committed to the belief in equal justice for all Philadelphians. With tremendous leadership from Councilman DiCicco, his staff person Irene Benedetti, and particularly from his legislative David Fitz who in a Hurculean effort brought all of this and held all of this together, we were able to bring this proposed legislation to you folks today. On behalf of OutFront and the Mayor's LGBT Advisory Board, I respectfully urge you to support this legislation. Thank you.
Councilman Cohen and Members of the Committee. Thank you for your attention this morning. My name is Lisa Mottet. I'm the legislative lawyer for the Transgender Civil Rights Project at the National Gay and Lesbian task force. The task force is the oldest lesbian, gay, bisexual, and transgender national political organization. 5/8/02 - LAW AND GOVERNMENT - BILL 010719 As the legislative lawyer for the transgender civil rights project, I study, track, and work on state, local, and federal legislative efforts to prohibit discrimination based on gender identity. The passage of Bill No. 010719 would make Philadelphia the 44th jurisdiction in the country to explicitly prohibit discrimination against transgender people. As of today there are 2 states, Minnesota and Rhode Island, as well as 8 counties and 33 cities that include gender identity in their anti-discrimination laws. The first anti-discrimination ordinance to include protection for transgender individuals was passed in 1975 in Minneapolis. Today a total 33 million people live in a jurisdiction covered by an explicitly transgender inclusive ordinance. Some of these jurisdictions have put language to cover transgender people into definitions sex or gender or sexual orientation. The Philadelphia Commission on Human Relations has used these terms to address some instances of discrimination against transgender people that have happened here in the City. However, legal experts agree that having a separate category of gender 27 5/8/02 - LAW AND GOVERNMENT - BILL 010719 identity, exactly the way it is done in this bill, is the best and most effective way to address discrimination against transgender people. By having gender identity as a separate category, employers, employees, and owners and managers of public accommodations and housing will know that discrimination against people with non-traditional gender identities is illegal before a situation ever arises. Importantly , they will know this without having to read the text of the ordinance, which people rarely do nor should they have to. It serves as notice to people who may have know idea that the law cover discrimination against transgender people because the category was not listed separately. I will also comment on other aspect of the bill's drafting. There is an amendment being offered to the definition of gender identity. This amendment was designed to further clarify the definition of gender identity. This definition, after amendment, will greatly assist the Commission interpreting and applying the anti-discrimination law. With this definition in place, I have complete confidence in the Commission's ability to apply this law in a fair and consistent manner. When they do 28 5/8/02 - LAW AND GOVERNMENT - BILL 010719 so, they will be able to pull from a considerable knowledge base from other jurisdictions that have transgender inclusive ordinances. In summary, my opinion as a lawyer who specializes in legislation is that Bill No. 010719 is drafted with sufficient clarity to prohibit discrimination based on gender identity. I urge you to adopt this measure in order to combat the discrimination that transgender Philadelphians experience as they go about their daily lives, living, working, and conducting business in the City. I can address any questions you have about the language of this bill or experiences that other jurisdictions have had in applying their transgender inclusive anti-discrimination ordinances. Thank you.
Good morning. Thank you, Councilman Cohen and committee members for having me here today. My name is Mara Keisling, and the Co-Chair of the Pennsylvania Gender Rights Coalition, an organization working for the equal 29 5/8/02 - LAW AND GOVERNMENT - BILL 010719 rights of transgendered people in Pennsylvania. , the Statewide Pennsylvania Rights Coalition, a large coalition of civil rights groups in Pennsylvania. Professionally, I do social marketing which is the application of marketing principals to social causes. Some of my current clients in Pennsylvania include CHIP, Medicaid, the Statewide Adoption Network, and Pennsylvania's new Adult Basic Health Coverage Program. I'm the first transgender person you've met and heard from today. And honestly, I think I'm the luckiest that you'll hear from. While I am in Philadelphia every week or so in business, I live in Harrisburg where I grew up and where we have had gender-identity-based anti-discrimination protections for years. Unfortunately for me 19 though, when I leave Harrisburg to come to Philadelphia or to go most anywhere else, depending on where I go I lose my rights. I can be denied public accommodations of all sorts. I can be refused service in restaurants. I can be denied use of public transportation. And I can be denied a job. These are real issues for me. 30 5/8/02 - LAW AND GOVERNMENT - BILL 010719 But more importantly, they're real issues for our members here in Philadelphia and they happen every day Philadelphia to good people who only want to work and shop and go to school and rent nice apartments like other Philadelphians. One of my primary roles with the Pennsylvania gender rights coalition is to get around the state and meet transgender people and to hear their stories and help them problem solve through a broad range of issues, most of which have to do with people discriminating against us or committing horrible acts of hate violence against us. Today you're going to hear from a range of Philadelphians who regularly suffer discrimination because of their gender identities. This is a small sampling of the problem. The statistics from transgender needs assessment recently done in Philadelphia tell a fairly dramatic story. Sixty percent of transgender people have lost a job because they're transgender. Seventy-three percent believe that their housing situation is unstable because of their gender identity. 31 5/8/02 - LAW AND GOVERNMENT - BILL 010719 More telling, though, is what you will not hear today. You will not hear from the majority of transgender Philadelphians who have faced discrimination, but who believe that by coming here today they will make their situation worse by drawing attention to themselves. In fact, many of the people who were approached to testify today declined knowing that usually when their gender identity is exposed, someone, somehow, discriminates against them. And since it's unlikely that the state legislature will pass up-to-date civil rights protections for all Pennsylvanians anytime soon, it is up to the individual municipalities to decide which of its citizens are protected from being fired for no good cause, protected from being denied services like public transportation and homeless shelters and medical care. In some places in Pennsylvania, citizens are better protected than in others. Like Harrisburg, four other municipalities have passed protections for its citizens based on their gender identity. The City of York has these protections and Erie County passed them earlier this year. 32 5/8/02 - LAW AND GOVERNMENT - BILL 010719 Allentown also has passed an ordinance just a few weeks ago. And Pittsburgh, which has had these protections for several years, is the largest municipality in Pennsylvania to protect its citizens with gender identity protections. So Pennsylvania is second, third, and fourth largest cities have already passed laws to protect their citizens based on gender identity.
It seems time that Philadelphia step up and once again become the leader in freedom and equality that it has been for hundreds of years by helping to end the kind of discrimination and hate that we as a society can no longer tolerate. I thank Councilman DiCicco for his leadership on this bill and I thank you all from the bottom of my heart for your consideration on the gender identity bill. Thank you very much, and we'd be happy to take any questions from you.
Thank you. Are there any questions by Members of the Committee? We thank you very much for your informational testimony. I'm going to call the next panel. Marcus Iannozzi, Charlene Moore, Rick Feely, Kathy 33 5/8/02 - LAW AND GOVERNMENT - BILL 010719 Padilla. May we hear from Marcus Iannozzi?
Good afternoon, Members of the Committee on Law and Government. Thank you for the opportunity speak with you today. My name Marcus Iannozzi. I am a transgender person who lives and work in Philadelphia. I also serve as the facilitator of WeXist, a support group for female to male transsexuals and transgender people. By many measures, I could be considered one of the transgender community's success stories and in my own small way make contributions to the City of Philadelphia. I am a communications consultant whose clients include national non-profit organizations such as the National Geographic Society and Public Radio International, as well as innate major research universities such as Penn, Stanford, and MIT. My business and operation for over seven years has provided regular employment for City residents and revenue for subcontractors located here. I also work with the South Street West Business Association and organization many of you may be familiar with, which is collaborating with the City to develop a long -neglected 34 5/8/02 - LAW AND GOVERNMENT - BILL 010719 commercial corridor. However, I am continually reminded that my own good for fortune could change at any moment. Indeed, the assurance of my safety, well-being, and success is tenuous, at best. I still face blatant discrimination and have been denied services due to my transgender status. My fundamental concerns, and that of many transgender people, is personal safety. I am harassed on a regular basis at my place of business by local youths and at home by neighbors who watched me transition. While this harassment has not yet led to violence or damage to property, I'm continually concerned that it may indeed escalate, at the same time that my complaints would not be covered under hate crimes legislation. I have witnesses events in which the personal safety of a male to female transgender person was compromised when seeking emergency care at a hospital here in Philadelphia. Upon discovering that this woman was transgendered, four orderlies verbally harassed her, taunting her using epithets that I not repeat here. After she was verbally accosted, she attempted to leave the 35 5/8/02 - LAW AND GOVERNMENT - BILL 010719 emergency room without the permission of the doctors and was physically accosted, detained with unnecessary roughness and injured by hospital staff. She insisted that the police be called in order to press charges. The attending officer told her, it's your word against theirs and your worth isn't going to mean very much. With the knowledge that her complaint would not be taken seriously, she did not press charges. No one deserves ti be treated in this manner and then summarily discouraged from pursuing redress. Another concern that many transgender people have is their ability to ensure financial security in the long-term and protect what we have managed to bill. For example, I have been denied coverage when attempting to purchase disability insurance by every major provided that I contacted simply because I am transgender. As far as these providers are concerned, the fact that I am transgender outweighs the fact that I am not health or insurance risk. This denial of coverage is eliminating any protections for me as a self-employed person should I ever be rendered unable to work. 36 5/8/02 - LAW AND GOVERNMENT - BILL 010719 The third is misrepresentation and defamation of character. In a real estate transaction one year I was defrauded in a clear-cut case of non disclosure. The results of which cost me thousands of dollars in repairs and closed my business operations for several days. The defendant's lawyers did not argue the merits of my case but relied on my transgender status to discredit me, insinuating that it was I who was guilty of fraud, that I was someone who in essence knew how to work the system. The implication was that as a transgender person my identity and character were inherently suspect.
The arbitration panel sided with the defendants. On the other hand, like me, the transgender people I know are all involved in some way in community service or work for social justice, whether it is on behalf of our own community or within the broader set of communities that intersect our lives. We can and do make significant contributions to society. My own role as Secretary of the South Street West Business Association is only one example. My participation has brought something to 37 5/8/02 - LAW AND GOVERNMENT - BILL 010719 the group that it did not have, a person with skills in public relations and communications who has helped to advance SSWBA's as prominence as an organization and further the cause of equitable development in the area. I transitioned after I had begun working with South Street West. Had my reception been different, the association would have lost one of its most productive members and most likely would not have moved forward as it has. Transgendered people have the burden of battling some of the worst characterizations and stereotypes that any minority has ever faced. But we continue to persevere and lead productive lives in the face of and often in spite of substantial adversity, mistreatment, or worse. We are accountants, academics, scientists, lawyers, doctors, psychiatrists, business owners, social workers. At the same time we are not afforded the most basic protections as other citizens. And our contributions are continually at risk because we are at risk. If I lose my business, South Street West losing me, my business, and all of my effort. At a time when the City is drawing on all of its resources to improve Philadelphia 38 5/8/02 - LAW AND GOVERNMENT - BILL 010719 standing in the nation and the world, it must also draw on the talents and energies of all of its citizens. When voting on this legislation I would ask each of you to consider the following question: Can Philadelphia afford to allow some of its best and brightest to remain as second-class citizens? In effect, to remain despite our individual successes, as an unprotected and vulnerable population? The answer would be a resounding no for any other class of citizens, as it should be for Philadelphia transgender community. At such a pivotal time in the City's history, it cannot afford to leave anyone behind. Thank you.
Thank you very much. The Chair recognizes Councilman Rizzo.
Thank you, Mr. Chairman. I have to leave the Chamber to attend a meeting outside the building, but I would like to leave my vote on the amendment, yes, and vote yes on the bill.
Thank you, Councilman Rizzo. We understand. Charlene Moore.
Hello, my name is Charlene 39 5/8/02 - LAW AND GOVERNMENT - BILL 010719 Moore. I would like to thank you, Mr. Chair and members of the Committee on Law and Government for giving me the opportunity to speak to you today. I'm a trans-identified male to female. I live and I work daily as a woman. I have experienced discrimination occasionally from SEPTA over the years from the bus drivers telling me that I am unable to use my female transpass. I have been told this at least three times that I could not use my transpass. In case you have not had the opportunity to see a transpass before, every transpass has on it the letter F or M which designate whether pass-holder is a man or a woman. Despite wearing female clothing and presenting my photo identification, bus drivers have prevented me from boarding or using my transpass because they did not perceive me to be a woman. The first incident took place when I lived in Kensington and I worked in Society Hill District. I went to board the bus that ran down Frankford to Penns Landing. The bus driver told me that I could not use that transpass because God did not make me a woman. I immediately called SEPTA the 40 5/8/02 - LAW AND GOVERNMENT - BILL 010719 next day, and the bus driver apologized for his behavior. The second time it occurred, I had just pulled a 12-hour shift at work and was extremely tired and standing at Front and Lehigh waiting to board the bus and the driver just kept on by. I presume because I was just dressed as a female. I'm not sure. However I notified SEPTA on-line to ask them why did they even have male or female on their transpass. And they replied back that was due to a fraudulent policy that they have intact. The last time I had the problem, I was on the way to class and the driver said that I could not use my transpass and he did not care what my identification said or what I looked like. I felt really angry. I was very upset and frustrated that I did not even bother contacting SEPTA any more. I just began to tear off the letter or either conceal the letter when I go to board the bus or the train. Most drivers aren't even concerned with the letter. But it takes a lot of energy sometimes to conceal that letter. It takes extra funds to go into your pocket to pay to ride the transit to get 41 5/8/02 - LAW AND GOVERNMENT - BILL 010719 and to from work or to class or to a meeting. I feel that if a law was in place to protect trans-identifed individuals, we could participate in main stream society as productive members versus being members of a dark secret society. Mr. Chairman, members of this committee, you have the ability to help countless numbers of people. Please pass this bill so that people like myself can have the same access to services as everyone else in this City. And when we are presented with equal access in the future, there will be a law to help us. Thank you.
Mr. Chairman and Members of the Committee on Law and Government, my name is Rick Feely, I'm a 22-year-old transsexual man and I live and work in Philadelphia. Over the last year or so I've undergone a number of steps to physically and legally transition from a woman to a man. During this time, a number of things have happened to me that I know would have been different was I not transgender. Being transgender is often difficult 42 5/8/02 - LAW AND GOVERNMENT - BILL 010719 and the things that most people take for granted become complex problems, such as going to the doctor or getting a new picture for my ID. For example, last October I went to the health center at Broad and Lombard because I do not have insurance and wanted to be treated for a strep throat. I waited for approximately five hours, which I suppose is common for a public facility. When the nurse finally got to me, she told me in order to be treated I had to submit to a full examination and be tested for syphilis. I assume that they were doing this to everybody. " As don't have what would be considered a penis, this posed a problem. I attempted to explain my situation. I told the nurse I'm a female to male transsexual in transition. She either didn't understand or she wasn't convinced and asked to see it again. Finally I just said, "I'm female. " A statement that I thought was pretty explanatory. She said, "That's all well and good, but you still have one. " So here I was arguing with this overworked nurse and sick with strep and fever and frustrated and embarrassed that I had to disclose 43 5/8/02 - LAW AND GOVERNMENT - BILL 010719 this information at all when all I had was a strep throat. I felt like freak. I could tell she was getting angry and annoyed, but she didn't understand that I was not a male to female transsexual. I finally gave up feeling very upset and unsafe and hopeless. I am usually afraid if I let anyone examine me, I will experience discrimination. And I figured I definitely would be discriminated against further if I stayed there, so fevered and exhausted I left without being treated. It was better than the alternative. More recently, in January 2002, I decided I needed to get a new picture for my state photo idea. My ID had a picture of me that was several years old in which I had long hair and looked very female and I had to wear a wig to cash my paychecks and I was laughed at and ridiculed when I tried to get served at the bar. So I went to the PennDOT Center on Market Street in Center City to get an updated photo. I brought a friend with me. When I got to the initial clerk, I showed him the idea and my credit cards, all my documents, and social security card, a letter from a psychologist which explained my transition. The clerk told me 44 5/8/02 - LAW AND GOVERNMENT - BILL 010719 that I was male and since my entire ID documentation was female and in a female name that it must not be mine. He said that I would have to leave and that he was denying my request. I felt like I had been caught doing something wrong like a criminal. And I would have left if my friend had not insisted we speak to a supervisor. At first the clerk refused to let us talk to the supervisor. Finally, he sighed and pointed at the supervisor's office and he said, "It won't do you any good. You'll wait and she'll send you right out the door. After waiting an hour with nowhere to sit, we presented the supervisor with all of the documents. At first she wouldn't listen, but my friend explained that I was trans and needed the photo changed only and started talking about civil rights and discrimination laws. Even though we knew they didn't cover me, we hoped that she didn't know. The supervisor looked over all the papers and then told us we could get a number. " He had to get out and talk 45 5/8/02 - LAW AND GOVERNMENT - BILL 010719 to the supervisor again and she told him to do it. So they took my picture. It was a really horrible experience.
I felt like I was asking them for a favor instead of just paying to have my picture taken like any other person who needs an updated photo. I felt like I didn't have any rights. I remember thinking, this is what my great-grandparents must have felt like when they came to the US as immigrants. It was like I had to convince them to treat me like I belonged here, as if I wasn't a citizen already. I'm asking you today to help me get treated like a citizen of this city. Please pass this legislation so that the transgender people have a law that requires other people to treat us like US citizens. Thank you.
Mr. Chairperson, members of the Committee. Thank you for the opportunity to speak here in support of this bill today. My name is Kathy Padilla and I'm a board member of both OutFront and the National Transgender Advocacy Coalition. And I'm a transgendered Philadelphian. 46 5/8/02 - LAW AND GOVERNMENT - BILL 010719 Transgendered people are those whose appearance, interest, personal or medical histories don't meet traditional expectations regarding men or women. We experience discrimination based upon gender identity and gender expression. We are your constituents, your neighbors, your coworkers, and your family members. We belong to all races, all faiths, all professions, and all political parties. This bill is a confirmation that Philadelphia values opportunity for all of its citizens and a recognition that this opportunity benefits the entire community. The discrimination transgendered person's face is pervasive. We experience difficulty finding employment, housing, health care, and educational opportunities. Statistics are difficult to come by, as we are not included in most governmental studies. But what we do have tells us that the medium income for transgendered persons is about 50 percent of that of the general population. 30 percent of us cannot finish high school. Our employment rate is several times that of the national average and 20 percent do not have stable housing. Those who lack housing have often been 47 5/8/02 - LAW AND GOVERNMENT - BILL 010719 refused access to shelters. We often need to fear such simple things as being served in a restaurant, seeking emergency medical care, finding an apartment or just walking down the street. In my own experience, I've been followed home by people yelling threats, been ridiculed by a receptionist in a doctor's office, had my car vandalized, and received numerous crank phone calls. I've been quite likely compared to most. Fairness is a fundamental American value. Every American, when trying to earn a living, rents an apartment, buy something in a store, or attend a school should be treated based upon their merits and not on characteristics unrelated to their abilities to do their jobs or to pay for a service. The ability to contribute to our communities and our families is essential to gaining respect from others and ti having respect ourselves. This bill is a beacon of hope to those of us who are transgendered in Philadelphia. The protections afforded by this bill reflect a growing recognition across the nation that discrimination based upon gender identity needs to be eliminated. 48 5/8/02 - LAW AND GOVERNMENT - BILL 010719 We ask that you do what Erie, York, Harrisburg, Pittsburgh, Allentown and 39 other municipalities have already done by passing this legislation. Thank you.
Thank you very much. In addition, the Committee has received supporting written testimony from Allan Gordon, Chancellor of Philadelphia Bar Association, from the First Unitarian Church of Philadelphia, from Gretchen P. Kenagy of the University of Illinois, of the American Civil Liberties Union, of Marta Ames of the AFL-CIO Pride at Work, of Kristine Holt, and Dana Priesing. Is there any person here who wishes to be heard either pro or con the bill? Seeing none, are there any questions of members of the panel? Councilman DiCicco.
Thank you, Mr. Chair. I'd just like to take this opportunity, I'd like to echo some of the comments that were made earlier by my colleagues on the panel that it is a great day in Philadelphia. One of the first key votes that I was 49 5/8/02 - LAW AND GOVERNMENT - BILL 010719 involved in as a Councilperson was the domestic partners. I was a little bit taken back at that time to see all of the folks who were coming in basically in option to that bill. And I just for some reason couldn't understand it for the life of me how we were still in this country in this day and age, some 200-plus years after a document was written in this very City that people have to come in to have laws enacted to protect them for the rights that we were given a couple hundred years ago and we're still doing it today as we sit in this Chambers. So while it is a great day, it is somewhat of a sad day for me that we still have to go through this exercise. But, fortunately, we have enough folks in City Council in this city to recognize that people should not be discriminated against no matter what their sexual preference or sexual orientation they choose. I do want to also take this opportunity to thank a number of people, the folks from out front, the Commission on Human Relations, the Gay and Lesbian Task Force, and in particularly David Fitz, my legislative assistant and Irene Benedetti who is also of my staff. I'm very fortunate to have 50 5/8/02 - LAW AND GOVERNMENT - BILL 010719 two such fine staff people. As you know, most of the work was done by them. They did brief me from time to time on what I needed to be briefed on. We can't be there as Councilpeople all these meetings, but I know every you were in good hands. I'm proud here today to pass this legislation out of this Committee and confident it will pass unanimously in City Council as well. Thank you. You do contribute a lot to this community, and often I think that goes unrecognized. So I would recognize for your contribution to this great City. Thank you.
Thank you, Mr. Chair. The fact we don't have anybody testifying in opposition is incredible.
It shows never give up hope. People are decent. People will ultimately react properly if you have enough patience. Councilman DiCicco and I are known for frequent conflicts of opinion, but I must say his position on issues like this was one of the really redeeming factors on his side from my point of view. I knew he was human, although I had to find proof of 51 5/8/02 - LAW AND GOVERNMENT - BILL 010719 it in other ways. I'm delighted by his leadership. I commended it before you came to this meeting. I just think it's wonderful that despite differences in other areas, this City Council has rallied around and almost acted unanimously on matters of basic human rights.
We'll hold that for the public meeting. There being no one else who wishes to be heard and there are no questions of the panel, the hearing on this bill is now adjourned. - - - 52 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE ON LAW AND GOVERNMENT - - - Wednesday, May 8, 2002 - - - Public Meeting conducted by the Committee on Public Property and Public Works, held in Room696, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILL 010719 - - - PRESENT: COUNCILMAN DAVID COHEN, Chair COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN FRANK DICICCO COUNCILMAN MICHAEL NUTTER COUNCILMAN ANGEL ORTIZ COUNCILMAN FRANK RIZZO - - - 53 5/8/02 - LAW AND GOVERNMENT - PUBLIC MEETING
We will proceed into the public meeting of this Committee. As chairman, I announce there is a quorum consisting of Councilman Nutter, Councilman Ortiz, Councilwoman Blackwell, and Councilman DiCicco who is serving by appointment of President Verna, and myself as Chairman of the Committee. In addition to this full quorum, Councilman Rizzo, a member of the Committee, stated his vote in support of this bill before he left. And President Verna was ready to come up at any point if her presence was needed for a quorum. I think that strong support at committee level indicates the total support of the City Council. The public session is now in order. The Chair recognizes Councilman Ortiz for the purpose of introducing an amendment to the bill.
Thank you, Mr. Chairman. I have an amendment to Bill No. 010719. One, to amend Subsection 9-1102 (h.1) of the Philadelphia Code as it appears in Section 1 of the bill as follows: (h.1.) Gender identity. Self-perception, or perception by others, as male or female, and shall include a person's appearance, behavior, or physical characteristics, that may be 54 5/8/02 - LAW AND GOVERNMENT - PUBLIC MEETING in accord with or opposed to one's physical anatomy, chromosomal sex, or sex assigned at birth; and shall include, but is not limit to, persons who are undergoing or have completed sex reassignment. That last part are the additions to the new bill. (Duly seconded.)
The bill has been introduced and seconded by Councilman DiCicco. Any discussion? If not, all those in favor, please say aye. (Aye.)
The ayes have it, and the bill is amended. The Chair recognizes Councilman DiCicco for purpose of a motion on the bill as amended.
Thank you, Mr. Chair. I move that Bill No. 010719, as amended, be reported out of this Committee with a favorable recommendation and a further recommendation that the rules of Council be suspended so as to permit first 55 5/8/02 - LAW AND GOVERNMENT - PUBLIC MEETING reading on the next session of City Council. (Duly seconded.)
The bill, as amended, having been moved for adoption and seconded by the Committee, is there any discussion? If not, all those in favor, please say aye. (Aye.)
The ayes have it. The ayes have it unanimously. It is so ordered. (Applause.)
For persons who are here, this means that the bill will be coming up for its final vote a week from tomorrow. Tomorrow is the First Reading, which is just a technical reading of the action that we took today. But the vote will be a week from tomorrow. Thank you. It is a great day in the history of Philadelphia. (Council adjourned at 12:05 p.m.) - - - 56 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of May 8, 2002, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON LAW AND GOVERNMENT ___________________________ Lisa C. Bradley, RPR and Notary Public