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CARE's comments to the October 5, 2011 Cheltenham Township Public Affairs Committee

Good evening.  On September 21st, the Board of Commissioners heard from a room full of residents speaking in support of a Cheltenham Township Human Relations Commission. In addition to a diverse and passionate assembly of individuals, the Board also heard from organizational supporters including the Cheltenham Township chapter of the NAACP and the Cheltenham Township chapter of the League of Women Voters.  In addition, clergy spoke on behalf of congregants from Reform Congregation Keneseth Israel and the United Church of Christ.

On behalf of Cheltenham Area Residents for Equality (CARE), I would again like to thank the Board for your attention to our concerns and commitment to protecting the basic civil rights of Cheltenham residents.  Now the important work begins.  The Public Affairs Committee was charged with creating an ordinance that will meet the needs of the Cheltenham Township community.

After reviewing a number of ordinances already passed in jurisdictions across Pennsylvania, and consulting with attorney Ted Martin from Equality Pennsylvania and Stephen Glassman from the Pennsylvania Human Relations Commission, CARE wholeheartedly recommends that the Board follow the model of the Human Relations Commission ordinance passed in Lower Merion Township.  The Lower Merion model, like other ordinances, begins by affording lesbian, gay, bisexual and transgender individuals the same basic civil rights that others possess.   It also establishes a Human Relations Commission to protect those rights locally in a manner consistent with State law.  In Lower Merion, anyone in a protected class who experiences discrimination can bring a claim to the local volunteer Human Relations Commission for mediation.  If mediation doesn’t resolve the issue, the Human Relations Commission will refer the claim to the Pennsylvania Human Relations Commission for further review, unless the claimant is not protected by State law.  In such cases, the local Human Relations Commission will conciliate the claim or hold a public hearing to decide if relief is appropriate.

The Lower Merion model represents a middle ground between ordinances such as those in Doylestown Borough and Springfield Township.  In Doylestown Borough, the local Human Relations Commission has more authority than in Lower Merion; it can mediate, conciliate and hold public hearings on claims brought by any protected individual, even those already protected by State law.  In contrast, ordinances like the one in Springfield force individuals not protected by State law to seek relief directly from the Montgomery County Court of Common Pleas if their claims that are not resolved through mediation.  These individuals are not afforded the same full review by a Human Relations Commission as other individuals.  We believe that the Lower Merion ordinance would work best in Cheltenham Township because its Human Relations Commission retains jurisdiction of only as many cases as is necessary to provide equal access to justice to all victims of discrimination.

I would like to submit copies of a proposed Cheltenham Township Human Relations Commission ordinance based on the Lower Merion model.  Both Ted Martin and Stephen Glassman have offered to assist the Board as you move forward with this important wok.  I can provide their contact information.  Cheltenham Area Residents for Equality is also eager to work with the Public Affairs Committee on this initiative.

Thanks again for your time and effort to continue to make Cheltenham Township a welcoming, inclusive community.