FRANK BUMB

FBUMB@NEWS-PRESS.COM

Cape Coral added protections for its LGBT city employees Monday night.

Cape Coral City Council voted 8-0 to add gender identity, gender expression and sexual orientation to its protected classes for city employees. In essence, the city voted to prohibit discrimination on the basis of whether or not a person is gay , transgender or expresses a gender other than their biological birth sex.

The ordinance, advanced by Councilwoman Jessica Cosden, had support from several speakers. The ordinance also places Cape Coral ahead of federal protections.

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“There is no federal law protecting LGBT people,” said Abbe Forman, a LGBT rights activist. “Believe me, I’m 56 years old, I would not be fighting today if this were the case.”

While there is no explicit federal law protecting gender identity, gender expression and sexual orientation from discrimination, City Attorney Dolores Menendez said other federal actions had lent support to those groups being protected.

When asked by Councilwoman Rana Erbrick about those actions, Menendez pointed to a 11th Circuit court ruling protecting those classes under federal law. A similar administrative ruling from the Equal Employment Opportunity Commission took federal law prohibiting discrimination on the basis of sex and extended that protection to the classes Cape Coral sought to protect Monday night.

“The thought was that by having this ordinance, it would be clear in the ordinance rather than expect employees or supervisors to be reading up on case law or interpretations of federal law,” Menendez said.

Erbrick said because the city was following those guidelines and not out on a limb she would support Monday’s efforts.

“I’m always uncomfortable when we got out on the limb where there are or could be unintended consequences,” Erbrick said. “This is somewhat uncharted territory around here, I’m fine with this because it deals with our internal organization only. We get much beyond that, you will not see me being supportive.”

Mayor Marni Sawicki said she supported the motion, thanked Cosden for bringing it forward and said the city had led the way on LGBT issues in the area.

Councilman Richard Leon said regardless of the issue, if someone felt discriminated against they should bring it forward to council, regardless of protections on the books in ordinances or not.

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In other business, council voted 7-1, with Erbrick opposed, to approve $138,000 to hire Redevelopment Management Associates for a project manager to the Bimini Basin development project.