To put it mildly, the Houston Equal Rights Ordinance (HERO) has gotten off to a rocky start. It was passed in May 2014, but has not been able to go into effect due to opposition. It has also been the center of controversial incidents between its critics and the city of Houston, in which the city subpoenaed sermons of ministers who opposed the ordinance, then ultimately withdrew the subpoena. In July the Texas Supreme Court ruled that the ordinance either needed to be repealed or put on the November ballot. The city has chosen the latter. The most notable support for the ordinance seems to be coming from the LGBT community, but recent allegations of discrimination in Midtown shed light on how the ordinance would affect communities of color.

Three African-American attorneys — Brandon Ball, Ken Pigee, and Dan Scarborough (all of whom I happened to know before this incident) — allege that they were asked to pay a cover charge to get into a bar though they saw white individuals being let in without the fee. The story is making its way around social media, accumulating more than 10,000 shares, including a tweet from Mayor Annise Parker suggesting a vote for HERO to address matters like this one.

Shows why it's important to vote for HERO, then there'll be a local law against this and a way to investigate it.-A https://t.co/uypnBIA6Hr — Annise Parker (@AnniseParker) September 14, 2015

As a result of the incident, many on social media are saying that these practices are commonplace around Houston, especially in the Midtown and Washington Avenue areas. And notably, there was a settlement this past July, between the Kung Fu Saloon and the U.S. Department of Justice, after the Kung Fu Saloon was accused of discriminatory practices in its Houston, Austin, and Dallas locations.

If HERO makes it through the November election, it will be able to address situations like the ones in Midtown, by giving the city the authority to investigate the incident and potentially issue fines to an establishment that is found to be in violation. Additionally, since HERO is a local remedy, it would be a much more viable alternative for those unable to afford the expenses of litigation.

About his Gaslamp fiasco: don’t forget how common the practice is around Houston establishments. http://t.co/CtRlyd8TCA — Doc Ricky (@drricky) September 17, 2015

In November we will see if Houston can get its head out of the toilet and keep the HERO it seems to need.

Attorney Danyahel Norris (@danorris007) is a member of the administration at Thurgood Marshall School of Law, where he serves as the associate director of the law library and an instructor of legal research.

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