B.A.D. has crafted two Bill Proposals for amendments in NYS Law which would protect citizens who are members of a culture from discrimination based primarily upon the fact they are in or affiliated with that culture in NYS. If these bills are sponsored and passed it would create civil rights protections for all those in the American Biker Culture, as well as in other “unconventional cultures” within the State of New York.
The proposed bills have been previously approved by B.A.D. Reps Mike Willig(Warren County), Attorney Ben Rabin, Regional Rep(Vermont/New Jersey) Jamie Slater, B.A.D. Secretary Lisa Petrocelli and Executive Director of B.A.D. Hank McGrath. Each bill will be sent to targeted legislators for sponsorship. The proposed bills are crafted in bill form and the explanations thereof are noted below:
Bill #1 (below) is to amend the NYS Constitution to include equal protections of the law for all citizens in “CULTURE’S” and to include the word “culture” in the amendment. This Bill is directed to both the Senate and Assembly seeking sponsorship support from both.
TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 11 of article 1 of the constitution, in relation to equal protection of laws.
PURPOSE OR GENERAL IDEA OF BILL:
This establishes an Equal Rights Amendment (ERA) to the New York State Constitution to insure that no person in the State of New York will be denied equal protection of the laws based on the culture and/or cultural lifestyle of the person.
SUMMARY OF SPECIFIC PROVISIONS:
Adds the category of “culture” to the protected categories of section 11 of article 1 to the New York State Constitution.
Only a constitutional amendment will guarantee that men and women are treated equally under the law. Further, a constitutional amendment will require that the courts of New York use a strict scrutiny standard when reviewing cases of discrimination based upon ones culture. In the 21st century, in New York, it is inconceivable that citizen’s of unconventional cultures within New York State do not have the constitutional protection of being treated equally under the law.
Section 1. RESOLVED (if the Assembly concur), That section 11 of
article 1 of the constitution be amended to read as follows:
S 11. No person shall be denied the equal protection of the laws of
this state or any subdivision thereof. No person shall, because of race, color, sex, creed, religion, OR CULTURE be subjected to any discrimination in his or her civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state.
S 2. RESOLVED (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
EXPLANATION–Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Bill No #2 is an amendment to the New York State Human Rights Law called Executive Law Article 15 which governs discrimination against citizens in public accommodations, employment, education, housing and so on. This bill simply seeks an inclusion of the word “CULTURE” into the protection phrase. We seek sponsors in both Senate and Assembly.
STATE OF NEW YORK
HOUSE BILL _______
____________________________________________House Committees Senate Committees
A BILL FOR AN ACT
CONCERNING A PROHIBITION ON DISCRIMINATION BASED UPON CULTURE AND CULTURAL LIFESTYLE INPLACES OF PUBLIC ACCOMMODATION.
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted.) The bill adds “CULUTRE” as grounds on which discrimination in places of public accommodation may not be based.
“CULTURE” means any cultural lifestyle which may be celebrated by the wearing of unconventional attire, private meetings in cultural club or association settings, the practice of cultural rituals and rites based upon cultural beliefs and the exercise of cultural principles and intellectual practices uniquely derived from the historically established essence of that culture.
Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute.
Be it enacted by the General Assembly of the State of NEW YORK:
SECTION 1. In NEW YORK Executive Law Article 15
HUMAN RIGHTS LAW, § 291. amend
(1) as follows:
§ 291. Equality of opportunity a civil right.
1. The opportunity to obtain employment without discrimination because of age, race, creed, color, national origin, sexual orientation, military status, sex, marital status, disability, OR CULTURE is hereby recognized as and declared to be a civil right.
Amend (2) as follows:
2. The opportunity to obtain education, the use of places of public accommodation and the ownership, use and occupancy of housing accommodations and commercial space without discrimination because of age, race, creed, color, national origin, sexual orientation, military status, sex, marital status, disability, OR CULTURE as specified insection two hundred ninety six of this article, is hereby recognized as and declared to be a civil right.
§ 295. Part 8 & 9amend
(3) as follows:
General powers and duties of division – Part 8 & 9
8. To create such advisory councils, local, regional or state wide, as in its judgment will aid in effectuating the purposes of this article and of section eleven of article one of the constitution of this state, and the division may empower them to study the problems of discrimination inall or specific fields of human relationships or in specific instances of discrimination because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, marital status OR CULTURE and make recommendations to the division for the development of policies and procedures in general and in specific instances. The advisory councils also shall disseminate information about the division’s activities to organizations and individuals in their localities. Such advisory councils shall be composed of representative citizens, serving without pay, but with reimbursement for actual and necessary traveling expenses; and the division may make provision for technical and clerical assistance to such councils and for the expenses of such assistance.
9. To develop human rights plans and policies for the state and assist in their execution and to make investigations and studies appropriate to effectuate this article and to issue such publications and such results of investigations and research as in its judgment will tend to inform persons of the rights assured and remedies provided under this article, to promote good will and minimize or eliminate discrimination because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, marital status OR CULTURE.
Amend all parts therein relating to the protection phrase: “without discrimination because of age, race, creed, color, national origin, sexual orientation, military status, sex, marital status, disability, OR CULTURE ” within Human Rights Law to reflect the inclusion of “CULTURE”.
This matter is to be referred to Committee for revisions of New York State Human Rights Law – NEW YORK Executive Law Article 15 and Governor is requested to hold public committee hearings on the issue of discrimination based upon ones culture prior to Bill passage.