JACKSONVILLE, Fla. – A court of appeals on Friday ruled unanimously that Jacksonville’s anti-discrimination ordinance was unenforceable in its current state.
The ordinance bans discrimination based on gender identity and sexual orientation. As first reported by Andrew Pantazi with the Florida Times Union, a three-judge panel noted the way that the ordinance was passed violated state and city laws.
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The reason for the ruling has to do with the text. According to the ruling, the ordinance should have been approved in a format with the text laid out, rather than a shorthand version.
“Instead of setting out the full text of the amendments in context, the proposed ordinance stated that the City’s office of general counsel would write the amended ordinance later. That had not happened yet when Appellants filed their original or amended complaints. There was no full-text version of each amended provision showing the insertion of new language,” the ruling stated.
It continued, “The only way to ensure clear, accurate, understandable, and uniform notice of proposed changes to a law or an ordinance is to put them in writing before enacting or adopting them—in full text, in context, complete as if for immediate enforcement. Without all of that, an amendment is just an idea. Ideas alone are not enforceable, which is why an amendment that fails to comply with these requirements is void.”
A post after the ruling from Jimmy Midyette from the Jacksonville Coalition for Equality reads in part: “Opponents had sought to have the HRO declared unconstitutional. Instead, the court cast no doubt on the constitutionality of our HRO and only states the council must meet the publication requirement. The City Council can take action.”
Jason Gabriel, the city’s general counsel, told News4Jax that city leaders are confident they will find a solution.
The Liberty Counsel, and organization that promotes litigation related to evangelical Christian values, called the ruling a “victory.”