Supervisors approved an ordinance Wednesday evening establishing a new Human Relations commission, which can review and answer complaints from residents alleging discrimination based on “actual or perceived” qualities not covered under federal or state law.
Newtown Township has joined Yardley and Hatboro in establishing anti-discrimination protections for its residents this year.
The board voted 4-0, with Supervisor Kyle Davis absent, to approve an ordinance forming a three- to five-member Human Relations commission, tasked with reviewing complaints from residents alleging discrimination in housing, employment, public accommodations or access to educational institutions.
The measure is intended to safeguard against unequal treatment based on an individual’s “actual or perceived” race, sexual orientation, gender identity or expression, or disability.
After receiving a complaint, the commission can facilitate fact-finding conferences with parties in a dispute, conduct investigations and potentially hold public hearings where the parties can provide testimony. Members could then decide whether to issue a cease-and-desist order or take “additional action” as deemed appropriate.
Supervisor John Mack first floated the idea for the ordinance in July, and in September, the board heard a presentation from Yardley Councilman David Bria, who led the charge on Yardley’s anti-discrimination ordinance earlier this year.
Sexual orientation and gender identity are not spelled out as protected under federal or state law, leaving appellate courts in various districts to decide differently as to whether any protections exist at all, Bria said.
With supervisors’ approval Wednesday evening, Newtown Township has become Bucks County’s first township to pass an anti-discrimination ordinance. Between 2002 and 2013, officials approved similar ordinances in New Hope, Doylestown Borough, Newtown Borough and Bristol Borough, with Yardley and Hatboro joining in in March and May, respectively. All are boroughs compared to a township.
Newtown Township’s vote also expands the number of county residents living in municipalities with anti-discrimination protections in place, on account of its size compared to the six boroughs.
Before Wednesday evening, 32,676 residents of those boroughs, or 5.2 percent of Bucks County’s 625,249 residents, lived in protected municipalities. Now, factoring in Newtown Township’s 19,299 residents, 51,975 residents, or 8.3 percent, are covered, according to census data.
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UPDATE (5/29/23): NOTICE IS HEREBY GIVEN that the Board of Supervisors of Newtown Township will hold a public hearing on Monday, June 19, 2023 at the Newtown Township Building, 100 Municipal Drive, Newtown, PA 18940, at 7:00 PM, to consider, and if appropriate, take action on, the application of KRE Upper Macungie Associates LP for a determination that the Newtown Area Joint Municipal Zoning Ordinance is unconstitutionally de jure and/or de facto exclusionary with respect to the legitimate and protected apartment use, for which use provision must be made in all Pennsylvania municipalities, and corresponding adoption of a proposed curative amendment to cure such defect.
Pursuant to Section 916.1(e) of the Pennsylvania Municipalities Planning Code, notice is hereby given that the validity of the Newtown Area Joint Municipal Zoning Ordinance is in question, and the application, including all plans, explanatory material, and proposed ordinance amendment (LINK to online version: https://bit.ly/KRE_ValidityChallenge) may be examined by the public at the Newtown Township Building, 100 Municipal Drive, Newtown, PA 18940, during regular business hours, 8:00 AM to 4:30 PM.
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