Dallas Transit Agency Infuriates LGBT Community

The Dallas Area Rapid Transit authority claims it was trying to be more inclusive by updating its nondiscrimination policy, but many claim the agency is utilizing a loophole to allow discrimination against gay and transgender people.

The updated policy reads as follows: "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."

Dallas's LGBT community is taking umbrage at the word "except." Discrimination in hiring and firing based on sexual orientation and gender identity is currently permitted on the federal level and within Texas. Ken Upton with Lambda Legal told the Dallas Voice newspaper that he believes the change was made intentionally by DART's board of directors to gut protections for gays and transgender people.

“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 told the Voice, adding that he believes the "except" was added in a closed session of the board of directors. “Supposedly there’s at least one attorney involved, so I have to assume it’s intentional."

Morgan Lyons, DART spokesman, gave the following statement to The Advocate via e-mail: "The policy has not been approved yet. It is scheduled for a vote on Tuesday. It's our opinion the policy being considered by the board will offer nondiscrimination protection in the case of gender identity."

DART operates bus lines, light-rail lines, and commuter rail that serve over 220,000 people daily in the Dallas–Fort Worth metro area.

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Reader Comments

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Name: Fred Mertz
Date posted: 6/21/2010 6:40:58 AM
Hometown: Panda Bear, WY

Comment:
Leave completely UNUSED condoms behind on the train just to gross people out! : ) It's germ free, but it'll really bring down the riding experience. Consider taking the wrappers with you so your fingerprints aren't left behind. I guess they would still be on the condom unless you drop the condom on the floor without ever actually touching it.
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Name: Jerry
Date posted: 6/19/2010 12:11:27 AM
Hometown: Washington DC

Comment:
This is the reason that ENDA should have been our top item to pursue. Without a federal law in this area, we will be constantly battling narrow minded haters.
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Name: Charles
Date posted: 6/19/2010 12:04:00 AM
Hometown: Austin, TX

Comment:
There does seem to be a problem between Federal and State non-discrimination clauses for Texas. Federal law usually includes sexual orientation, but Texas law consistently does not. I suppose that is why there is that awkward language in DART's non-discrimination clause. Depending on the funding for the program in question is probably how the clause has to be interpreted; i.e. if it is State dollars than you can be discriminated against as GLBT, but if it is a Federally funded program then you will be protected as GLBT. Hopefully this discussion will bring some focus to this problem and some changes. In Texas state agencies "sexual orientation" is always left out of non-discrimination clauses and does make it a concern for those who do work for the State and want to be out and proud.
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Name: Jo
Date posted: 6/18/2010 4:19:15 PM
Hometown: Bonham

Comment:
I love Big D just hate the transit system because I have been forced to use it and it is horrid! But also to discriminate agsinst people because their sexual orientation is not part of the norm makes the DART powers that be no better than some of the hollier than thou bible thumpers that clearly have forgotten that that the bible states "love thy brother" and "love thy neighbor" it states NOWHERE in the bible says "unless they are gay"! So to the almighty "board" I say "DEAL WITH IT" or go back under the rock from the prehistoric times you crawled out of! Accepting change such as learning to accept the LGBT community is grand...I should know because I used to be a hater like you clowns are and I'm a much happier person for having friends in that LGBT community! Oh here's another thought if the last one beyond your megar mental capabilities...wouldn't it be a dull world if all of us were the same...YAAAAAAAAAWWWWWWWWNNNN!
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Name: Stephen
Date posted: 6/18/2010 9:10:03 AM
Hometown: Dallas

Comment:
@Patricia - Why must you insult me and everyone that lives in Dallas? I've lived here all my life and I get so angry when people like YOU make awful comments like that! Dallas is NOT trash and I would appreciate it if you would retract that statement! God knows we have our problems here, but that doesn't give you free reign to lump everyone in together with a statement like that! Take your snotty atittude and KEEP it in Austin!
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Name: Bill
Date posted: 6/17/2010 9:56:10 PM
Hometown: Dallas

Comment:
Shut down the DART lines and call city council members to recall their DART board appointees.
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Name: Ryan
Date posted: 6/17/2010 8:30:13 PM
Hometown: Boston

Comment:
It's really hard to see DART's motivation here. The 14th Amendment, for the most part, makes it illegal for governments to discriminate on the basis of sexual orientation anyway, so DART gains nothing (other than a lot of controversy and PR problems) by establishing this policy.
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Name: Dita
Date posted: 6/17/2010 8:08:22 PM
Hometown: Dallas

Comment:
Isn't this wonderful. We can invent 100's of new ways to discriminate. It doesn't have to be just the LGBT community we attack. We can attack almost anyone because federal or state law doesn't prohibit it and that means it is compulsory, right? Onwards Christian Soldiers. NOT! T.H. White, The Once and Future King, Ace, 1996, p. 121. The passage describes an ant-hill from the point of view of an ant: "The fortress was entered by tunnels in the rock, and, over the entrance to each tunnel, there was a notice which said: EVERYTHING NOT FORBIDDEN IS COMPULSORY."
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Name: Carlos M.
Date posted: 6/17/2010 7:35:44 PM
Hometown: Los Angeles, CA

Comment:
While a boycott would be great, unfortunately, there may be some LGBT who have to use the transit system. I'm happy to live in L.A. where our transit system is inclusive. I've met many gay/bi/lesbian employees who work for L.A.'s METRO system. They were also in last Sunday's Pride parade.
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Name: Ben
Date posted: 6/17/2010 7:18:49 PM
Hometown: NY

Comment:
These cowardly bigots trying to hide behind legalese is the same as the klan hiding behind their white hoods. If you're gonna be a bigot at least have the balls to own it.

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