A non-discrimination ordinance that has divided Tucker city government was passed by city council last week and will go into effect July 27.
The ordinance is meant to “protect and safeguard the right and opportunity of all persons to be free from unjust discrimination.” Similar legislation was passed in neighboring cities like Doraville and Decatur in 2018 and 2019, respectively.
Mayor Pro Tem Anne Lerner, the principal author of the amendment, said that the ordinance “makes it clear that Tucker is a welcoming and supportive community for all.”
Tucker mayor Frank Auman was the biggest opponent to the ordinance. He questioned the need for the ordinance and said he believes it will prove harmful to businesses and residents.
“It divides the community,” Auman said. “It causes people to look sort of sideways at one another and wonder who’s going to claim they’ve been victimized or who’s the victimizer.”
The meeting last week took a turn when Lerner called for a vote on the ordinance and Auman, who was denied a request for a 10-minute recess, stated he would be “taking a break” anyway.
As the mayor walked out of the room, all remaining council members raised their hands in favor of passage, eliciting loud cheers from the crowd. Lerner then called for a 5-minute recess. Auman was allowed to retroactively vote against the measure.
“I’m sorry that the council could not see its way clear to grant me five minutes personal excuse from the meeting,” Auman said when he returned. “It was not my intention to miss the vote.”
Feroza Syed, a Transgender associate real estate broker, called the vote “a beautiful moment.” Syed credited council members and local organizations like Tucker Open Door for helping get the ordinance passed.
“Seeing all their work come to fruition that night really, really was an amazing experience,” Syed said. “And then, to be surrounded by community and have that moment happen in Pride Month was ultimately a very beautiful experience.”
Prior to the vote, Auman spoke for about 50 minutes about his disapproval and proposed five amendments, all of which failed.
The proposed changes included adding political affiliation to the list of identities business cannot discriminate against and including a line that a hearing officer can dismiss the report if the accused party made a “bona fide claim” that their “genuine and closely-held personal beliefs” would be violated if they complied with the ordinance’s requirements. Additionally, Auman proposed including a sunset clause and making the ordinance a public referendum.
“I’ve just been disappointed that there wasn’t more conversation about that,” Auman said.
Lerner wrote the legislation with council members Cara Schroeder and Virginia Rece. They gathered community input for more than a year.
The ordinance allows Tucker residents who want to report discrimination to file a complaint with the city clerk within 90 days of the reported incident. The chief judge of Municipal Court selects a hearing officer who will then appoint a mediator.
If the mediation fails to resolve the issue, or if one party does not participate in the process, the officer would then review evidence and either dismiss the complaint or issue a civil penalty.
The ordinance outlines exemptions for religious organizations.
“I believe the people who spoke in favor of the ordinance and the people who spoke against the ordinance have more in common than they realize,” Lerner wrote. “All were speaking about the fear and hurt they feel because someone may discriminate against them. People not only want to be welcomed but they want to feel that they belong.
“We’ve done that by passing this ordinance.”
CORRECTION: An earlier version of this article misstated when the ordinance would go into effect. The council voted to make the ordinance effective 45 days after passage.
About the Author
