‘Back-and-forth’ over Lincoln ‘Fairness Ordinance’ could be headed to court

LINCOLN, Neb. (KLKN) – The latest chapter in the “Fairness Ordinance” saga could be a case in Lancaster County District Court.

The ordinance would add protection from discrimination based on sexual orientation, gender identity, disability and veteran status to Lincoln’s equal opportunity code.

The city council approved the ordinance in February 2022, prompting opponents like the Nebraska Family Alliance to gather over 18,000 signatures to put it on the ballot.

Instead, the council voted to rescind the ordinance entirely.

Then last summer, the Let Lincoln Vote organization, which supports the ordinance, gathered over 11,000 signatures of its own to get the issue on the ballot.

But the Lancaster County election commissioner was unable to verify the signatures.

That’s because the petition was missing a statement that indicates whether it was circulated by a paid or volunteer signature collector.

Now, the issue is being brought to court.

Kathleen Neary with Powers Law is representing Let Lincoln Vote and said the signatures shouldn’t have been brought to the election commissioner’s office in the first place.

She said it’s the city council’s job to determine the sufficiency of the signatures, according to the city charter.

“The very plain language of the charter says that once a petition initiative is presented to the city council for verification, the council shall — not may, shall — determine the sufficiency.”

Neary said the will of the people is to have the ordinance either enacted by the council or put to a public vote.

“When you have 11,000 persons who signed a petition initiative that ensures equal protection under the law for all our citizens, those voices should be heard,” she said.

The Nebraska Family Alliance says it’s still against the ordinance.

Policy Director Nate Grasz said he’s worried it will give the government power to enforce beliefs about gender identity or sexuality that some citizens disagree with.

“We all want fairness, and we all believe that every person should be treated with dignity and respect,” he said. “And that includes not allowing the government to punish someone or to fine them or take away their business simply because they believe what thousands of people in the city of Lincoln believe about marriage and human sexuality.”

If Let Lincoln vote wins the case, the judge could order the city council to do one of two things: Enact the ordinance within 30 days or allow voters to decide by putting it on the ballot in the November 2024 election.

Neary said the case will likely head to court for a hearing with Judge Ryan Post in the next 30 to 45 days.

She said the council has had “every opportunity to do their job.”

“Frankly, nobody is above the law,” Neary said. “We would like, once and for all, city of Lincoln voters to decide this important issue, so the tennis match back-and-forth ceases.”