By Gregory Korte
The Cincinnati Enquirer

Phil Burress, Citizens for Community Values president, offered this public comment at Tuesday's hearing: "If you pass this ordinance, you will be sued." (Glenn Hartong photo) | ZOOM |

Cincinnati City Council's Law Committee heard three hours of testimony and debate about a proposal to add sexual orientation to the city's hate crime law Tuesday, sending the ordinance to the full council for a vote today.

Four council members have publicly backed the measure: co-sponsors John Cranley and David Crowley, David Pepper and Jim Tarbell. Five votes are needed for passage.

Mayor Charlie Luken has said he'll sign the ordinance if it gets to him.

Though the ordinance was inspired by the Dec. 31 death of Gregory Beauchamp, who police think was murdered because he was gay, the law would not affect felonies.

Instead, the law would add sexual orientation, gender, age and disability status to the list of hate-motivated misdemeanors that are punishable by up to six months in jail.

Most controversial is sexual orientation. The vote will likely rekindle the 10-year-old debate over gay rights in Cincinnati, where an amendment to the city's charter forbids City Council from passing any law giving "protected class" status based on sexual orientation.

Victoria Brooks, who claims to have suffered discrimination and harassment because of her sexual orientation, shows a picture of her children to the Law and Public Safety Committee at City Hall on Tuesday afternoon. ([name of photographer] photo) | ZOOM |

"Until Article XII is removed, this change in the city's hate crime law will at least provide some relief to those discriminated-against citizens of our city," said Harold Porter, co-chairman of Citizens to Restore Fairness, a nascent committee working to repeal the charter amendment.

Opponents of the proposed hate crime law said it shows contempt for the 62 percent of voters who approved that amendment as Issue 3 in 1993. They said they would sue if City Council passes the law. "I'm here to tell you two things," said Phil Burress of Citizens for Community Values.

"No. 1, if you pass this ordinance, you will be sued. No. 2, if you pass this ordinance, there will be a vote by the electorate in November, and it will not be a symbolic gesture."

But Tuesday's battle clearly belonged to supporters of the law, who outnumbered those against, 53 to six.

Support came from an array of liberal political groups and human rights activists, including feminists, advocates for the disabled, mainstream Protestant churches and a Jesuit brother.

Former mayor and congressman David Mann and former U.S. Attorney Sharon Zealey were among those who supported the ordinance Tuesday. Jack Rouse, president of a downtown design and planning firm, said Cincinnati needs to project a more tolerant image if it's going to lure jobs and high-skilled workers.

"On one level, this is the right thing to do for human dignity. On another, more pragmatic level, it's the smart thing to do for economic development," he said.

Supporters of the ordinance admitted there's little statistical evidence of hate crimes based on sexual orientation. But they offered anecdotal evidence:

Andy Ruffner of Mount Lookout told the story of a neighbor - a single woman - whose front lawn had the word "dyke" written in herbicide. He said the woman was not a lesbian.

John Freie of Delhi Township said that just Monday night, while leaving a bar across from the Aronoff Center for the Arts, he was grabbed by the neck and called "faggot" 30 times.

Monique Hoeflinger and Nancy Smith of Clifton told of harassing phone calls, slashed car tires and attempted break-ins of their home. An officer said it looked like a clear-cut case of harassment, and said an ex-boyfriend was likely to blame. They were too rattled to tell him that they had no ex-boyfriends.

Such incidents don't just victimize the targets of the crime, gay rights activists said. They can terrorize an entire community.

They cited 2000 FBI statistics showing that crimes motivated by a bias related to sexual orientation are the third most common form of hate crimes. (Racial motivation made up 54 percent; religion, 18 percent; and sexual orientation, 16 percent.)

Opponents said the law wasn't necessary because harassment, menacing and vandalism are already against the law.

"Violence is violence," said Sam Malone, president of the Bond Hill Community Council.

Conservative activist Christopher Finney said City Council was making a mockery out of the will of the voters.

"It's amazing to me, after all the turmoil this city has been through, that this City Council would drag this city through an issue that's already been decided," he said.

E-mail gkorte@enquirer.com