ORDER-2019-4 : A Resolution Reaffirming Current City of Melrose and Massachusetts Non-Discrimination Laws Prohibiting Discrimination in Places of Public Accommodation on the Basis of Gender Identity and Gender Expression

Transcript (~16 min @ 42:24)

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▶ 42:08 Jennifer L. Lemmerman: All right. Any opposed? Well, the comment is now closed. We will move forward to the two items on our agenda this evening, beginning with Order 2019-4, a resolution reaffirming current City of Melrose and Massachusetts non-discrimination laws prohibiting discrimination in places of public accommodation on the basis of gender identity and gender expression. This order was sponsored by Alderman at-large Manisha Bewtra. Alderman Bewtra.

▶ 42:33 Manisha Bewtra: thank you madam chairwoman thank you to everyone who came out to speak up tonight as well as the many people who reached out by email or direct conversations I know this issue is deeply personal for many people and that there are a few opportunities to share such personal stories and to articulate your perspectives in a forum such as this to my fellow aldermen thank you for considering passage of this resolution while weighing in on a state-level level ballot question is not something we always do in this chamber is my feeling that this is an issue at the core of who we are as one community open to all and that it is important for us to reaffirm what we've already committed to local and state law at a time when those rights are being put into question Melrose's commitment to our city motto and our active statements against discrimination are part of what attracted me to moving here and getting involved in this community. Mayor Inferna and Chief Lyle have already signed on to the Yes on 3 Coalition and Senator Lewis, Rep. Broder, members of our local clergy and businesses, the Melrose Commission on Women and Melrose Human Rights Commission and many local residents have signed on or have submitted testimony to us tonight. Before reading the text of the resolution into the record I wanted to share a few additional statements that I received directly as well as the

▶ 44:00 Manisha Bewtra: statement from Senator Lewis which we all received but he asked that I read it to you all tonight so good afternoon or statement sorry and we need to read the entire email two years ago I stood with the LeMay family and representative Broder and advocated successfully for passage of a statewide law to include legal protections for our transgender citizens in public accommodations every person deserves to be treated with respect and dignity on this matter as on so many others the city of Melrose led the way and helped demonstrate to the Commonwealth that these laws should be conceived implemented and honored I encourage you to embrace your embrace of this resolution and thank you for the opportunity to communicate my strong support his floor remarks from that testimony two years ago are also included in the statement he submitted which I will submit for our record additionally I received this email this

▶ 45:05 Manisha Bewtra: afternoon from chief Lyle hi alderman Bewtra please forgive me that I cannot attend because of two other meetings tonight this is important to protect the rights of transgender residents as well as transgender individuals who visit and work in our community Thank You chief Michael L Lyle Melrose Police Department

▶ 45:27 Manisha Bewtra: This is a statement from the Yes on 3 campaign co-chair, Casey Seferodini. Support for the Yes on 3 campaign is strong and comes from every corner of the Commonwealth. Knowing that the community of Melrose is once again standing up for the dignity and respect for all people, including those who are transgender, sends a powerful message that there is no room for discrimination or harassment in our cities and towns. encourage everyone to vote yes on three to uphold our state's law and reputation as a place that is inclusive and welcoming to all we are thankful to the Board of Aldermen for their leadership on this important issue and my final statement that I received this one will be a little harder to read because it's a bit emotional is from a Melrose residents resident who sent it to me in confidence because they wish to remain anonymous to protect the identity of

▶ 46:30 Manisha Bewtra: their child to the Melrose Board of Aldermen confession time since hearing about the potential adoption of this resolution I have sat down more times than I can count to try to share what I believe everyone should know about yes on three when questions of this maggots magnitude are felt deeply in one's own bones the right words cannot can be hard to come by but I find myself in this chair again and again, drawn to the possibility of changing minds, even as I fear for my child's safety in a commonwealth whose ideals we, as its citizens, sometimes fail to live up to. It's now 3.54 on the day of your meeting, so it's now or never. I'll start by saying that when my daughter first told me she was a girl, I thought she was engaging in pretend play. I tried and tried and tried and tried to dissuade her of that notion. I painstakingly explained to her all the different ways I could think of to be a boy. A boy with long hair, a boy who wears pink, a boy who wants to be Elsa, complete with internet searches for photos of David Bowie and RuPaul. There's no set way to be a boy, I explained. Boys can do anything and be anything they want. By the way, this is not something I ever thought I would have to explain to a child with so-called typically male anatomy, but there you have it.

▶ 48:02 Manisha Bewtra: And then the day came, a few years after this pretend play began, when my child told me she wanted to kill herself. I'm sad in my heart all the time, Mama. I'm a girl on the inside. I don't want to pretend to be a boy on the outside.

▶ 48:21 Manisha Bewtra: She was five. I was terrified, and if Google had a pay-per-query requirement, I would have single-handedly funded that search engine's operation for a solid six months. I found books and websites and resources and professionals. I read extensively and met with more people than I can count. everywhere I went everyone I spoke with or whose academic work I came across confirmed what was becoming clear in my heart after my child went from depressive and withdrawn to outgoing and carefree with the purchase of a dress she could wear at home and the promise we'd allow her to grow out her hair after this child who had no relationships with other children who was cautious to the point of refusing to dip a foot in the water at the beach upon being recognized by others in the way she recognizes herself immediately gained the ability to form relationships with others and to live fully in this world without fear if this is just pretend they said there's no harm in allowing it it will stop eventually and if it's not pretend they said affirming her identity will be the single most important thing you will ever do for

▶ 49:38 Manisha Bewtra: child here's the thing when transgender people are not supported they die they die all too often at the hands of others but also they die by their own hand in staggering numbers upwards of 40 a statistic i know we've heard a few times tonight up to upwards of 40 some research indicates this number is closer to 50 of transgender people attempt suicide at some point in their lives. Many do so repeatedly. Too many of them succeed. Spend a few hours talking to transgender folks and ask them how many other trans people they have known who have been murdered or took their own lives. Ask them how many trans people they know who have tried to commit suicide. I promise you this, you will not be the same after these conversations for people like my daughter and by extension for people like me yes on three is not a luxury it's a necessity it's a matter of access to equal rights and equal opportunity yes but it's above all a matter of safety both physical and emotional can you imagine being told you have to leave a public space because of who you are can you imagine being told you are not worthy of the ability to exist publicly it's not about bathrooms it was never about bathrooms it's about the right to exist pure and simple and do everyday things everyone does and no one bats an eye i wish i could be here in person but my daughter though young already understands the danger as being of being perceived as different in this particular way she has as many other transgender children do decided she doesn't want anyone to know she's transgender by speaking publicly i would out her to folks who don't already know and i can't do that because her identity is hers alone to share still i hope you will hear these words with an open heart this evening i ask you from one person who loves a child deeply to other people who i'm sure also love children deeply with whether their own a god child a niece or nephew a friend or a friend's child please help protect transgender people in massachusetts please make a public stand so transgender people in melrose know that their board of aldermen has their back this sort of affirmation is sorely needed in a world that demonizes transgender people it can make all the difference in the world thank you for your time point of order madam chairman

▶ 52:17 Peter D. Mortimer: under our rules we have to recess this meeting and we can quickly start the full board of alderman meeting and then recess that and reconvene the appropriations meeting so at this time for that purpose although I wish we didn't have to do it at this time I wish we could go on but we will go on in just about five minutes I make a motion to recess the Appropriations Committee I think I think it's 30 I think we're over I think it's 30 minutes from 745 yes we started this at 730 has to start within 30 minutes of the scheduled for all very very good thank thank you for pointing that out to me I will I would draw my motion to recess thank you I'll move you to you

▶ 53:18 Manisha Bewtra: still have the floor sure well the next thing I was going to do is read the resolution into the record which it is a little long so we'll see our seven minutes a resolution reaffirming current city of Melrose and Massachusetts non-discrimination laws prohibiting discrimination in places of public accommodation on the basis of gender identity and gender expression whereas the Massachusetts House of Representatives and Senate approved the addition of gender identity to the Massachusetts public accommodations law Mass General Law chapter 272 sections 92 a 98 and 98 a on July 7 2016 and whereas governor Charlie Baker signed this legislation an act relative to transgender anti-discrimination Senate bill 2407 into law on July 8th 2016 and whereas the updated public accommodations law has been in full effect since October 1st 2016 and whereas two years prior to enactment of these protections statewide the city of Melrose demonstrated leadership on this issue when the Board of Aldermen unanimously passed an amendment to the city's human rights policy statement Melrose revised city ordinances chapter 15 article 10 section 15-50 on December 15 2014 Board of Aldermen order 2015 72 thereafter including gender identity and gender expression in this policy ensuring equal opportunity and protection from discrimination in housing, employment, education, public accommodations, city services, insurance, banking, credit, and health care in Melrose, thereby making Melrose the 12th municipality in the Commonwealth to enact such legislation, and whereas on April 12, 2017, Melrose Public Schools issued a statement reaffirming its commitment to inclusive anti-discrimination protections and the rights of transgender students to a safe and affirming school environment after the U.S. Departments of Education and Justice rescinded policies directing these agencies to treat a student's gender identity as a student sex for the purposes of Title IX and its implementing regulations, and whereas the City of Melrose has demonstrated a deep commitment to its motto, one community open to all, and whereas the November 6th, 2018 statewide election includes a ballot question seeking to repeal the provision in the Massachusetts Public Accommodations Law prohibiting discrimination on the basis of gender identity in places of public accommodation and whereas repeal of this law would have a devastating effect for transgender and gender non-conforming members of our community and would be against principles we as a city uphold and reform and be it resolved, we the members of the Board of Aldermen do hereby express our commitment to defend transgender equality in Melrose and will hereby pledge to sign on to the freedom for all Massachusetts yes on three coalition to say clearly discrimination has no place in Massachusetts and no place in Melrose be it further resolved that on the sixth day of September in the year 2018 a copy of this resolution be spread upon the records of the Board of Aldermen I hope we're able to pass

▶ 56:55 Manisha Bewtra: this resolute resolution tonight unanimously I know we're in this awkward situation where we have a acting mayor because Marin Furner's away but I know presidents work Oh supports this measure as well the real work is ahead of us to ensure that people know about this ballot question and that this is an opportunity for us to raise awareness for yes on three before the election thank you for your consideration and I'm happy to yield the floor thank you as

▶ 57:29 Jennifer L. Lemmerman: As Alderman Mortimer pointed out, we do need to recess prior to 8-15 in order to start the full board meeting. According to our rules, we will be able to recess and come back to this fairly quickly. Is there a motion? Motion to recess, Madam Chair. Second. We have a motion to recess the Appropriations Committee made by Alderman Mortimer, seconded by Alderman Forbes. All in favor of recessing? Aye. Any opposed? This committee will be in recess briefly.

▶ 58:02 Peter D. Mortimer: It's required by our rules of order, and it's the procedure we need to follow to be in compliance with the state-based open meeting law. We need to start our meetings within 30 minutes of their posted time, and the full board of Alderman meeting was posted at 745. So we will open it and quickly recess it and resume the Appropriations Committee and take up the business on which we were working. uh just a few moments ago the reason i am here is i am the senior alderman for the melrose board of alderman the longest serving alderman so under our rules once again i chair the opening of this