Pittsburgh council postpones vote on 'hateful activities' bill

Pittsburgh City Council postponed a vote Wednesday as it sought a legal opinion from the city’s solicitor on legislation proposed by Councilman Ricky Burgess that would prohibit “hateful activities” by city employees.

Burgess and council President Theresa Kail-Smith said that since the legislation was introduced last week, they have heard from city employees about the need for such a law.

“I’ve had lots of employees from the city come to me privately telling me that this is their experience,” Burgess said. “It happens in our city and there is no place for this. We need to understand that Pittsburgh has a race problem.”

The legislation defines hateful activity as any action that incites or engages “in violence, intimidation, harassment, threats, or defamation targeting an individual or group based on their actual or perceived race, color, religion, national origin, ethnicity, immigration status, gender, gender identity, sexual orientation, or disability.”

Burgess, a longtime advocate of racial equality in Pittsburgh, said he proposed the bill as a way to deter racism in Pittsburgh. He said he crafted it to include only city employees to avoid First Amendment ramifications while setting an example for the entire city.

Under the legislation, employees and elected officials would face penalties including censure, suspension, termination and fines if found guilty of hateful activities.

The city Ethics Hearing Board would be responsible for enforcement and meting out punishment. Penalties range from public censure to a fine of $1,000 for each violation. The board can also recommend that the mayor suspend or terminate an employee.

During discussion of the bill Wednesday, Kail-Smith expressed concern that accusations of homophobia and racism were leveled earlier this month before an election for council president.

Burgess and Councilman Corey O’Connor were seeking the position, but council elected Kail-Smith as a compromise candidate.

Kail-Smith would not specify who made the accusations or to whom they were directed, but she described it as “one of the ugliest races for council president that I’ve ever seen” and said people from outside City Hall were directing criticism through phone calls and blog and social media posts.

Burgess and O’Connor declined comment.

“I think a lot of this — we all know here at the table — a lot of this occurred during the council presidency vote, which is why I am where I am,” Kail-Smith said. “I think it was very hurtful to watch things being said about our colleagues and reading things and hearing things. On all sides it got so nasty.”

She suggested that members should meet face-to-face and attempt to resolve their differences.

“I truly believe that we can all get along if we actually start having conversations,” she said. “We don’t have to love one another. We don’t have to support one another, but we have to work with and respect one another.”