[News] [NE, USA] A matter of opinion

[Stephanie Stevens]

Lincoln Journal Star, NE, USA


A matter of opinion

Posted: Friday, May 4, 2012 11:00 pm


There is a history of contradictory local and state opinions on the
ability of local communities to add new protected classes to local
anti-discrimination laws.

* In 1981, Nebraska Attorney General Paul Douglas concluded in an
opinion that a city could expand its civil rights ordinance beyond
what the protected classes found in state statute. However Douglas
said a contrary interpretation was feasible and suggested that to be
completely certain, there should be clarifying legislation.

* In 1982, Lincoln City Attorney Bill Austin said the city must expand
the city charter, with approval from city voters, in order to add
protected classes not found in state law.

* Current Lincoln City Attorney Rod Confer has told the mayor and city
council they can expand anti-discrimination protection beyond state
law by a City Council vote, with no need for a city-wide vote. The
city has not released his opinion to the public.

* Friday, Nebraska Attorney General Jon Bruning said that cities
cannot broaden their anti-discrimination laws without asking voters to
expand the city charter, or getting the Legislature to expand the
state's civil rights laws.


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