Local governments are an odd form of government. Unlike what we see at the State and Federal levels of government, local government decisions typically have very little to do with political sides and more to do with operating a business. As the saying goes, there is no Republican or Democrat way of picking up the garbage!
The one thing that does apply to local governments as well as the State and Federal governments is the Constitution. Many, I’m sure, do not fully recognize this, but local governments (cities and counties) must also analyze the Constitution when developing policies and laws.
An element that specifically applies is the Fourteenth Amendment. Section 1 of the amendment states, “[…] nor deny to any person within its jurisdiction the equal protection of the laws.” Local governments must comply with this amendment to the Constitution and ensure that services, policies, and laws are provided and enforced equally to all citizens regardless of who the citizens are.
An extension of this is Title 6 of the Civil Rights Act of 1964. Title 6 requires that local governments and state governments do not discriminate against a person’s race, national origin, or color when they provide services or make policies or laws. An example of this would be if someone who was born in China, cannot speak fluent English, and comes in to turn their water on, the city must make accommodations to ensure that the citizens can get water service at their home. This may even mean retaining a translator to help translate from one language to English. If the local government fails to comply, it risks getting federal and even some state funds cut off. The City has adopted a Title 6 compliance manual to ensure that services will be provided without discrimination.
Another area that local governments must ensure that services can be provided is those with disabilities. This is covered under the Americans with Disabilities Act of 1990 and requires that local and state governments provide services without discriminating against persons with disabilities. At City Hall, we have adjusted the angles of the handicap parking spaces and have added additional ramps to make it easier for those with physical disabilities. We are continuing to work on improving other city facilities as well to ensure that all facilities and services can be accessible to those with a disability.
In addition to my job as Planning and Economic Development Director, I also serve as the Title VI and ADA Coordinator for the City. If you believe that you have been discriminated against based on race, color, national origin, or a disability, please feel free to contact my office so we can work to ensure that the city is compliant with Title 6 and ADA requirements. Let’s talk about it!
(Jon Hartman is Director of Planning & Economic Development for the City of Elizabethton. He can be contacted at 542-1503 or by email at: JHartman@CityofElizabethton.org)