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August 15, 2022
In This Issue:
MDCR Executive Director John E. Johnson, Jr. and Director of Enforcement Marcelina Trevino outline charges of discrimination against the Grand Rapids Police Department at a July 25 news conference in Grand Rapids.
On Monday, July 25, the Michigan Department of Civil Rights (MDCR) held a news conference in Grand Rapids to announce filing formal charges of discrimination against the Grand Rapids Police Department in response to two separate complaints.
In complaints filed by Whitney Hodges on behalf of her minor daughter, Honestie Hodges, and by Melissa Mason, MDCR's investigation found that the GRPD unlawfully discriminated against the claimants by treating them unequally based on race.
"Filing formal charges in these two cases is a significant step in our ongoing investigations into alleged discriminatory actions by the Grand Rapids Police Department," said Director Johnson. "We remain committed to conducting a thorough and impartial examination of the evidence in every complaint brought against the GRPD, working with the parties to reach settlements where we can, and taking complaints to charge when necessary."
The charges were widely reported by print and broadcast media outlets throughout the state. Read the press release in full here.
The release includes links to the Request for Hearing documents MDCR filed with the Michigan Office of Administrative Hearings outlining MDCR's findings and charges in response to each complaint.
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At meetings on May 23 and July 25, the Michigan Civil Rights Commission (MCRC) passed resolutions on two of the most consequential and and controversial issues facing Michigan today: voting rights and reproductive rights. Both resolutions direct MDCR to take a variety of actions to support and advance voting and reproductive rights in the state of Michigan.
MCRC on Voting Rights:
At their Monday, May 23 meeting in Lansing, the Michigan Civil Rights Commission passed a resolution in support of voting rights which includes policies and actions the Michigan Department of Civil Rights will undertake to promote the right to vote and help ensure equitable access to the polls.
Find the Commission’s resolution on voting rights here.
Calling the right to vote "a fundamental civil right," the Commission said in the resolution that they have a "constitutional duty" to assure that the State of Michigan actions that impact voting do so in a manner that does not discriminate, and that the Commission has an equally important duty to "facilitate, encourage, promote and recommend laws, policies and practices that expand voter participation and remove unnecessary barriers to the exercise of the right to vote."
In their resolution, the Commission directed the Michigan Department of Civil Rights to:
- Coordinate with other state agencies to make voter registration information accessible to all classes protected under the Elliott-Larsen Civil Rights Act and Persons with Disabilities Civil Rights Act;
- Conduct voter education at events and through the use of social media;
- Facilitate forums to promote voter engagement;
- Work in coalition with non-partisan voter advocacy groups to empower voters and increase voter participation in elections;
- Take other actions consistent with the Michigan Civil Rights Commission constitutional mandate regarding civil rights as it relates to voting.
Watch for updates in the weeks ahead as MDCR leadership takes steps to put these directives into action.
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MCRC on Reproductive Rights:
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At their July 25th meeting in Grand Rapids, the Michigan Civil Rights Commission passed a resolution supporting reproductive rights and authorizing the Michigan Department of Civil Rights to address discrimination against individuals in the exercise of those rights. The resolution also called on the department to support the Governor and other elected officials in protecting and advancing the reproductive rights of all citizens of the state of Michigan.
“The Commission believes that it is essential, in light of the US Supreme Court’s ruling overturning Roe v. Wade, to do what we can to protect the fundamental rights of the Michiganders who this ruling will impact,” said Commission Chair Portia Roberson.
The resolution declares that the right to privacy and bodily integrity is a fundamental right of all people, and that national and international organizations, including the World Health Organization, recognize reproductive rights as a fundamental human right.
The Commission also authorized the department to provide an amicus curie brief to support and assist efforts by any party to protect equal access to reproductive health care in the state of Michigan.
Find the complete text of the resolution here.
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On July 28, the Michigan Supreme Court announced their decision in the case, Rouch World LLC et al v Michigan Department of Civil Rights et al, affirming that the Elliott-Larsen Civil Rights Act prohibits discrimination on the basis of an individual’s sexual orientation, siding with MDCR and Attorney General Dana Nessel.
Commission Chair Portia Roberson and Director Johnson issued statements following the decision.
"On May 21, 2018, the Michigan Civil Rights Commission issued an interpretive statement declaring that the word "sex" in Michigan's Elliott-Larsen Civil Rights Act encompasses gender identity and sexual orientation," said Commission Chair Portia Roberson. "The Commissioners' courageous decision allowed the Michigan Department of Civil Rights to accept complaints of discrimination on the basis of sex from Michigan's LGBTQ community. We knew the ultimate test could come in the courts, and today the values of equity and inclusion won over the voices that would forever keep our LGBTQ neighbors in the shadows of society. We are grateful to the court for their groundbreaking and forward-looking decision."
"The long fight to ensure Michigan's LGBTQ residents are protected from discrimination led to this significant victory in the courts today," said Director Johnson. "The decision in the Rouch World case will finally allow our LGBTQ friends, neighbors and family members to be full participants in Michigan's economy, social structure, recreational opportunities, healthcare – in every aspect of Michigan society – with some assurance that their rights are now recognized.
"But we cannot rest on this achievement, as important as it is," said Johnson. "As we have seen at the federal level, we cannot rely on court precedent alone. We must continue to push for a legislative solution, by specifically codifying protection from discrimination for the LGBTQ community in the state's signature civil rights law, the Elliott-Larsen Civil Rights Act. Today is a time to celebrate. Tomorrow we will continue the battle to enshrine those protections in ELCRA."
Related Legislation
HB 4297 Expand ELCRA to Protect LGBTQ Residents
- Will codify protection from discrimination for the LGBTQ community in the Elliot-Larsen Civil Rights Act.
- The recent Michigan Supreme Court decision in the Rouch World case (story above) will allow LGBTQ individuals to be full participants in Michigan's economy, social structure, recreational opportunities, healthcare – in every aspect of Michigan society – with some assurance that their rights are now recognized.
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HB 4297 Expand ELCRA to Protect LGBTQ Residents: Pending in House Judiciary Committee
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Michigan Lt. Governor Garlin Gilchrist delivers remarks at the Civil Rights Summit 2022.
On Wednesday, June 15, MDCR hosted the 2022 Civil Rights Summit in Lansing -- the first statewide gathering of it's kind since 2006. More than 200 people registered to attend in person and another 500 attended virtually.
Using the tagline “Like trees, problems have roots,” the Summit explored discrimination through a systems lens. Recognizing the diversity of social justice issues facing modern Michigan, the event agenda included opportunities to analyze equity in education, housing, health care, voting rights, and economics.
A team lead by MDCR DEI Division Director Alfredo Hernandez authored an initial summary report for stakeholders and summit attendees.
To download a copy of our initial summary report on the Civil Rights Summit 2022, click here.
Interested in viewing more Summit action? We've created a gallery of great shots from the Summit in the MDCR Flickr account here.
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Panel discusses voting rights and democracy at the Civil Rights Summit 2022.
Rev. Dr. Wendell Anthony delivers a powerful address during the opening plenary at Civil Rights Summit 2022.
By Dr. Jerome Reide, MDCR Legislative Liaison
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Each month, Dr. Jerome Reide, Legislative Liaison for the Michigan Department of Civil Rights, will bring you updates and analysis of what's happening in the Michigan legislature -- news of legislation, executive orders and ballot initiatives that relate directly to the MDCR mission and impact the people we serve.
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New Laws:
HB 4075 and HB 4076 - Accessible Parking Signs
- The bills change parking signs from the International Symbol of Accessibility to a “dynamic character symbol.”
- There has been no testing to show that the new symbol offers substantially equivalent or greater accessibility than the current one.
- This Act is effective October 23, 2022.
- Accessible Parking Signs
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HB 4256 sub 1 - Service Animals in Training:
- This act will require public accommodations to change policies, practices, and procedures to allow the use of service animals by trainers or animal raisers who accompany the service animal for training or socializing it.
- Public accommodation would have to allow the service animal and the handler in all areas where the public and customers are allowed.
- Prohibits public accommodations from separating a handler with the service animal or treating the handler differently than others or charging an additional fee or surcharge.
- This Act is effective on October 23, 2022.
- Service Animals in Training
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Pending Bills/ Ballot Initiatives to Watch For:
HB 4416 Prohibits Restrictive Covenants
- Deed Restrictions (Anthony) prohibits certain restrictive covenants in deeds.
- The bill provides an efficient and effective way to record the illegality of restrictive covenants in the chain of title recorded in the Register of Deeds Office.
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HB 4416 Ban Restrictive Covenants: Pending in Senate Local Government
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HB 4277 Distracted Driving
- Enhances penalties for operating a vehicle while sending or receiving a message on an electronic wireless device.
- Training in enforcing this law and collecting racial data may reduce pretextual stops and racial profiling.
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HB 4277 Distracted Driving: Pending in Senate Committee of the Whole
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SB 460 & HB 5097 Education and Critical Race Theory
- Developed bill analyses for “Critical Race Theory”(CRT) bill.
- SB 460 bans “Critical Race Theory” and the 1619 curriculum.
- HB 5097 “stereotype” bill bans several race and gender variables in public schools.
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SB 460 Education and Critical Race Theory: Reported in Senate Education and Career Readiness
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HB 5097 Education and Critical Race Theory: Pending in Senate Committee of the Whole
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HB 4275 Creating a Respectful and Open World for Natural Hair (CROWN Act)
- Routinely, people of African descent are deprived of educational and employment opportunities because they are adorned with natural or protective hairstyles in which hair is tightly coiled, tightly curled, or worn in locs, cornrows, twists, braids, Bantu knots, or Afros.
- Michigan’s CROWN Act would include hair texture such as braids, locks and twists as racial traits and protect these hairstyles under the Elliott-Larsen Civil Rights Act (ELCRA).
- The bill is pending in the House Committee on Judiciary.
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HB 4275 Michigan's Crown Act: Pending in House Judiciary Committee
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Promote the Vote 2022 - Ballot Initiative
A coalition of voting-rights groups turned in 670,000 signatures and seeks to amend the state constitution to:
- Allow nine days of early voting
- Publicly subsidize absentee ballots and a tracking system for the ballot location
- Continue to allow registered voters without a state ID to sign an affidavit attesting to their identity
- Allow public sources and charities to fund elections, subject to disclosure rules
- Allow voters to register for absentee ballots for all future elections
- Require ballot drop boxes for every 15,000 voters in a municipality
- Establish that post-election audits can only be conducted by state and local officials
- Require canvass boards to only certify election results based on the official vote counts
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Promote the Vote 2022: Pending Michigan Secretary of State
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Secure MI Vote - Ballot Initiative
The proposal would:
- Require voter ID for in-person voting and absentee ballot applications. Require partial Social Security numbers for voter registration
- Require voters who don’t present ID in person to present it within six days after the election for the vote to be counted
- Bar unsolicited absentee ballot applications
- Ban outside funding for elections and restrict mail-in ballots
- Provide voters with hardships free IDs funded by a $3 million state fund
- Where it stands: The group filed late and the signatures may be reviewed after the midterm election
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Secure MI Vote Ballot Initiative (2024): Pending Michigan Secretary of State
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Commission Chair Portia Roberson started off the July 25 MCRC meeting in Grand Rapids by swearing in the most recent appointee, Commissioner David Worthams, for a term that continues through December 31, 2025.
David Worthams is the Director of Employment Policy for the Michigan Manufacturers Association (MMA). He serves as part of the government affairs team representing over 1,700 Michigan-based manufacturers. Prior to joining the MMA, David was the Vice President of Policy for the Michigan Bankers Association, a Legislative Associate for the Michigan Municipal League, the Deputy Chief of Staff/Legislative Director for former State Senator Judson Gilbert, II, and served on the central staffs for former Michigan House Speakers Rick Johnson and Craig DeRoche.
David has served as the 69th President of JCI Kalamazoo (aka Kalamazoo Junior Chamber/Jaycees) and the 87th President of JCI Michigan (aka Michigan Junior Chamber/Jaycees) and served as a member and Vice-Chair of Equality Michigan. He holds a Masters in Legal Studies from Kaplan University and a Bachelors of Arts in Public Administration from Western Michigan University.
 MDCR's MI Response to Hate conference has been on hiatus for a few years, but the largest gathering on hate crimes and bias incidents in the state returns to the Kellogg Center in East Lansing on September 15, 2022.
SAVE THE DATE, and watch your inbox for information on topics, speakers, and registration in the weeks ahead.
Along with planning the conference, MDCR'S Community Engagement Division continues a series of virtual presentations exploring hate and bias and its implications for the people of Michigan. They've led powerful and penetrating discussions on race-based hate, human trafficking, and hate that targets younger and older Michiganders. Here's what's next in the line-up:
- MI Response to Hate Virtual Campaign Forum: Religion (When Words Become Actions), August 25th, 10:00-11:30 a.m. Register here.
- MI Response to Hate Virtual Campaign Forum: Native Americans, October 27th, 6:00-8:00 p.m.
 MDCR's State ADA Compliance Division is hosting a sweeping series of public webinars designed to raise awareness of disability issues and rights, the Americans with Disabilities Act (ADA), and help identify resources for the disability community and their advocates.
All events are open to the public.
- September 6th: Michigan & Federal Disability Civil Rights Laws, 1:00 - 2:30 PM
- September 8th: What is a Disability? 1:00 - 2:30 PM
- September 13th: Getting to Know the Division on Deaf, Deafblind, & Hard of Hearing, 3:00 - 4:30 PM
- September 20th: Getting to Know the Bureau of Services for Blind Persons, 3:00 - 4:30 PM
- October 5th: Opioid Use Disorder & Disability, 9:00 - 10:30 AM
- October 18th: Role of the ADA Coordinator, 2:00 - 3:30 PM
- October 25th: ADA Service Animal Basics, 1:30 - 3:00 PM
- November 8th: Autism in the Workforce & Other Considerations, 2:00 - 3:30 PM
- November 15th: Reasonable Modifications & The Interactive Process, 2:00 - 3:30 PM
To register for the September events, click here.
To register for any of the October events in the series, click here.
To register for the November events, click here.
 Former MCRC Commissioner and Commission Chair, Mike Zelley, died on June 27, 2022 at the age of 78.
At the July 25 MCRC meeting in Grand Rapids, Commission Chair Portia Roberson had this reflection on Chair Zelley and his contributions:
“Tomorrow, July 26, marks the 32nd anniversary of the Americans with Disabilities Act. It is difficult to imagine our world today if this pivotal civil rights legislation never became law. The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the public, ensuring that people with disabilities have the same rights and opportunities as everyone else.”
"It is particularly appropriate during this recognition of the anniversary of the ADA to remember a man who dedicated his life to bettering the lives of individuals with disabilities. Michael J. Zelley, member and past Chair of the Michigan Civil Rights Commission, passed away on June 27. Chair Zelley was one of the state’s most impactful disability advocates. In 1989, he founded The Disability Network, a private non-profit advocacy organization serving thousands of Michigan residents with disabilities. He was a nationally respected leader appointed by both President Clinton and President Bush to national councils on disability. Governors Engler, Granholm, and Snyder all appointed Mr. Zelley to important boards, including the Michigan Civil Rights Commission, where he was elected Chair in 2012.”
“The Commission extends our deepest condolences to Chair Zelley’s wife of 58 years, Lana; 7 children; 30 grandchildren; 8 great grandchildren, and a vast network of family, friends, colleagues and collaborators who will long remember his warmth, his personal magnetism, and his lifelong commitment to helping others.”
Read a remembrance from the Disability Network, the organization he founded and led.
Find Mike Zelley's obituary here.
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