DART Trans Protections Passed By Unanimous Vote

After ten members of the Dallas TBLG community addressed the DART board during its 30 minute comment period before the vote, the Dallas Area Rapid Transit board approved a nondiscrimination policy that protects trans people by a unanimous vote in front of a packed board room.

“A word is standing between us, and the word is ‘except,’” Stonewall Democrats of Dallas President Erin Moore told the DART board, adding that everyone has a sexual orientation and a gender identity. “All of these things also include you. Why not include us?”

The contentious 'except' word was removed prior to the vote, but Dallas area GLBT peeps understandably want confirmation that the language in the new policy does exactly what it is supposed to do and protects present and future DART BTLG employees from discriminatory behavior.

The Dallas TBLG community was outraged after various LGBT legal experts concluded after last week's DART committee of the whole meeting that the 'except' word inserted by DART board member Raymond Noah not only would gut the proposed policy, but rescind the sexual orientation policy passed by the DART board in 1995.

After the unanimous vote, the packed board room responded with a standing ovation.



Getting the policy passed was the easy part, as contentious as that process was. Now comes the hard part of implementing and ensuring DART complies with it.

Showdown At Akard Station

The eyes of Texas and the national TBLG community will be focused on Dallas later today.

The Dallas Area Rapid Transit board will be meeting at 6:30 PM CDT to consider a non discrimination policy which if adopted, will wipe out protection for GL people that originally passed in 1995 and still allow discrimination against transpeople.

For those of you in the Dallas area, this meeting will take place at DART Headquarters at 1401 Pacific Ave. It can also be reached on the DART light rail line by getting off at Akard Station.

This story has been percolating since early March when thanks to a hole in the current DART non-discrimination policy, Ms. T-DART, a 20 year employee was harassed by her supervisors.

Efforts to correct this injustice were thwarted by DART board member Raymond Noah, who inserted language in the proposed policy that gutted it and if passed tonight will ALLOW discrimination against BTLG people.

It all comes down to what is sure to be a contentious DART board meeting tonight.

DART Committee Plays Games With Non Discrimination Policy

Remember what I wrote in the post announcing the 11-2 committee vote that ostensibly passed a revised policy with trans protections for Dallas Area Rapid Transit employees?

'If you give conservafools an inch and don't write these policies so there is no wiggle room for opponents to ignore it, they will take the nullification mile.'

Well, looks like the DART committee pulled some shady nullification crap that may have wiped out the gender identity and sexual orientation protections in one swoop, and possibly violated the Texas Open Meetings Law to do so.

Local activists who attended the meeting were concerned not only about the 30 minute executive session the committee went into just prior to the vote, but about the revised language in the proposed new policy that advances to a June 22 DART board meeting for final approval.



This is the new language in the DART non discrimination party;

DART is committed to hiring, promoting and retaining the best qualified persons in all positions and, 'EXCEPT' to the extent permitted by federal and/or Texas law, DART will not discriminate on the basis of race, color, religion, national origin, sex, age, disability, genetic information, veteran status, sexual orientation, gender identity or any other characteristic protected by law.

According to John Wright of the Dallas Voice's Instant Tea blog, the DART board just played the Dallas GLBT community.

Ken Upton of Lambda Legal is quoted as saying the addition of the word EXCEPT by DART board member (and attorney) Raymond Noah (the representative for Richardson, Highland Park, Addison and University Park) into the policy in Upton's words, “They just screwed you guys over royally.”

“By adding that word in there, they’ve said we can discriminate all we want. It’s exactly the opposite of what they promised they were doing.”

“You’d like to think they’re just stupid, but the truth is you have to assume that the people who write these things at least have basic language skills,” Upton said. “Supposedly there’s at least one attorney involved, so I have to assume it’s intentional.

“That’s unfortunate they did that,” Upton added. “After all the work that’s gone into this, if this is what comes out of it, then we got nothing. They can say that’s not what they intended, but that’s what it says.”

Okay Dallas GLBT community, they just played y'all. What are you going to do about it?

“I’m highly disappointed and angry at this point,” said Rafael McDonnell, spokesman for Resource Center Dallas. “If it was their intention to make us go away, they’ve underestimated the community.”

Alright, Dallas GLBT community, go get 'em.

DART Committee Advances Trans Inclusive Non Discrimination Policy

The Dallas Area Rapid Transit Authority is one step closer to a trans inclusive non discrimination policy after voting 11-2 to advance it to the full DART board on June 22.

It's past time that happened, since the city of Dallas has had trans protections ensconced in its nondiscrimination ordinance since 2002.

The lack of a DART trans inclusive non discrimination policy led to the mistreatment of a 20 year employee known as Ms. T-DART to keep her identity secret.

Her DART supervisors had been exploiting that hole in the policy to treat Ms. T-DART in a discriminatory manner.

She was told by DART supervisors she couldn't have long hair, wear skirts at work, or use the women's restroom. Ms. T-DART was forced to show up for work in her uniform and use public restrooms on her bus route.

They even went as far as having DART lawyers contest her court ordered gender marker change and reverse it.

According to John Wright of the Dallas Voice's Instant Tea blog, the vote followed a 30 minute executive session to discuss the proposed policy behind closed doors.

There were concerns voiced amongst local activists about the wording of the amendment. Rather than simply adding “gender identity” to its existing nondiscrimination policy, DART attorneys have also inserted several clauses indicating that the policy applies only “to the extent [it is] consistent with state and federal law.”

Because neither sexual orientation nor gender identity is included in state or federal employment protections, the fear is that these clauses could be interpreted to mean the policy is moot.

And as we all know from past civil rights history, if you give conservafools an inch and don't write these policies so there is no wiggle room for opponents to ignore it, they will take the nullification mile.

Voting for the proposal were members John Danish (made motion), Loretta Ellerbe (seconded motion), Jerry Christian, Pamela Dunlop Gates, Raymond Noah, Robert Strauss, William Tsao, Tracey Whitaker, Faye Moses Wilkins, Claude Williams and William Velasco.

Voting against the proposal were members Scott Carlson who represent Dallas on the DART board, and Mark Enoch who represents Farmers Branch, Garland and Rowlett.

So circle June 22 on your calendars, Dallas-Fort Worth Metroplex and keep those calls and e-mails coming.

And I can't stress this enough, be respectful while doing so.

DART Committee Meeting Tonight To Discuss Trans Inclusive Nondiscrimination Policy

For you peeps in the Dallas-Fort Worth Metroplex, time for y'all to be agents of your own liberation and help Ms. T-DART out at the same time.

Kelli Busey and the gang have advised me that there will be another DART committee meeting taking place tonight starting at 7 PM CDT to decide whether a proposal to amend DART's nondiscrimination policy to include gender identity will be forwarded to the full Dallas Area Rapid Transit board.

This is another chapter in an ongoing story that started with Ms. T-DART, a 20 year employee of Dallas Area Rapid Transit having her gender marker change contested and reversed in court by DART lawyers. That incident led to a proposal to amend DART's nondiscrimination policies to include trans employees.

The proposal was not forwarded to the DART board because at last month's committee meeting Committeemember Pamela Dunlop-Gates switched her YES vote to a NO one.

Ms. Dunlop-Gates cited wanting DART attorneys to clarify the “gender identity” and “genetic information” definitions as her reason for changing her vote.

Unfortunately her vote switch stopped the committee from passing the amendment of the nondiscrimination policy to the full DART Board.

I'm presuming that the meeting will be held at the same site if you wish to attend, the DART Headquarters Akard Station Board Room, at 1401 Pacific Ave in Dallas, TX.

But just to be on the safe side, here's the DART administrative office number to double check the location. 214-749-3278.

Once again transpeeps, be nice, not nasty when you call to express yourselves about how important it is that DART's trans employees be covered in the transit authority's nondiscrimination policy.

As my grandmother always said, you can catch more flies with honey than with vinegar. Now is not the time to be acting like nekulturny teabaggers.

These are the people y'all need to be calling and expressing yourselves to on the DART board who voted against passage along with Ms. Dunlop-Gates. As a warm up exercise, you may wish to call the people who supported us and say thank you to them.

DART council members who voted against passing the amendment to the DART Board:
Mr. Velasco
Mr. Strauss
Mr. Noah
Mr. Enoch
Ms. Ellerbe
Ms. Dunlop-Gates

Please contact the following Dallas city council members and ask them to pass on to the above listed Dart council members your wish that the DART nondiscrimination policy be amended to include gender identity.

David A. Neumann
Email
Phone: 214-670-0776
Fax: 214-670-5117

Delia Jasso
Email
Phone: 214-670-4052
Fax: 214-670-5117

Linda Koop
Email
Phone: 214-670-7817
Fax: 214-670-5117

If you have any questions, these are your local GLBT advocates with the answers:

Rafael McDonnell
Resource Center Dallas
Strategic Communications and Programs Manager
Email: rmcdonnell@rcdallas.org
Web Page
Phone: 214-528-0144
Fax: 214-522-4604

Patti Fink
DGLA: Dallas Gay & Lesbian Alliance
Web page
Phone: 214-528-4233
Fax: 214-521-6424

Kelli Busey
Dallas Transgender Advocates and Allies(DTAA)
DTAA Web site
Phone: 972-693-1988

DART Board Votes Down Trans Protections

You may recall me posting in March about a situation in which a transwoman employed as a DART bus driver for 20 years had not only been discriminated against, but for some reason DART attorneys contested her name change order and reversed it.

The hits just keep on coming from DART.

Thanks to the Instant Tea blog of the Dallas Voice, was made aware of the DART Board of Directors meeting that took place last night.

The board voted 6-5 against adding trans protections to the agency’s nondiscrimination policy, according to Rafael McDonnell, a spokesman for Resource Center Dallas who attended the meeting.

McDonnell reported that the DART board, acting as the committee of the whole, initially voted 6-5 to approve the proposal to add gender identity to DART’s nondiscrimination policy.

But then one board member, Pamela Dunlop Gates of Dallas, switched her vote and asked DART attorneys to clarify definitions for “gender identity” and “genetic information,” another proposed addition to the policy.

McDonnell said Tuesday’s vote means the proposal must come back to the committee of the whole in June, after the attorneys come up with definitions.

If approved by the committee of the whole, the proposal would then go to the regular DART board at a later date. McDonnell said a DART staff member characterized Tuesday’s negative vote to him as a “speed bump” or “a hiccup.”

“It doesn’t mean that it’s dead,” McDonnell said. “I wouldn’t even say that it means it’s on life support. It means it’s taking a little longer to go through the process process. I’m disappointed in that. I got up and told the board members, ‘I respect the fact that you have questions, here’s my phone number.’”

McDonnell also encouraged people in the LGBT community to get involved.

“We anticipated there would be some no votes,” he said. “I think if you live in the DART service area, you need to be contacting your representative on the DART board and urge them to vote for it.”

Alright TBLG peeps in Dallas and the DART service area, Rafael McDonnell is on the money here. Time for you to get busy being the agents of your own liberation.

Here's the phone number for the DART administrative office. 214-749-3278.

Here's the list of the DART board members and the cities they represent

And when you call, don't be nekulturny like the teabaggers and the Religious Reich, be respectful.

Yes, even to Pamela Dunlop Gates.