ORDINANCE NO. _________, SERIES 2021
TITLE
AN ORDINANCE AMENDING LOUISVILLE METRO CODE OF ORDINANCES CHAPTER 92 TO ADD A DEFINITION OF NATIONAL ORIGIN WHICH INCLUDES NATURAL HAIR, TO BE KNOWN AS THE CROWN ACT.
BODY
SPONSORED BY: COUNCIL MEMBERS ARTHUR, DORSEY, GREEN,
MCCRANEY, PURVIS, PIAGENTINI, SHANKLIN, HOLLANDER,
AND PRESIDENT JAMES
WHEREAS, anti-Black bias also includes discrimination based on characteristics and cultural practices associated with being Black, including prohibitions on natural hair or hairstyles most closely associated with Black people;
WHEREAS, bans or restrictions on natural hair or hairstyles associated with Black people are often rooted in white standards of appearance and perpetuate racist stereotypes that Black hairstyles are unprofessional;
WHEREAS, such policies exacerbate anti-Black bias in employment, at school, while playing sports, and in other areas of daily living;
WHEREAS, research has found that 70 percent of all suspension disciplines are discretionary. Specifically, Black students are more likely to be suspended for discretionary reasons such as dress code or long hair violations, neither of which have been found to be predictive of student misconduct. (Brookings Institute, “Penalizing Black hair in the name of academic success is undeniably racist, unfounded, and against the law,” Feb. 23, 2021);
WHEREAS, Black women’s hair is 3.4x more likely to be perceived as unprofessional (Dove, CROWN Research Study, 2019);
WHEREAS, Louisville Metro Government wants to protect the rights of its citizens to maintain natural hair or hairstyles that are closely associated with their racial, ethnic, or cultural identities; and
WHEREAS, this provision shall be known as the Crown Act.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I: Louisville Metro Code of Ordinances Chapter 92 is hereby amended as follows:
§ 92.02 DEFINITIONS
DISCRIMINATION. Any direct or indirect act or practice of exclusion, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons, or the aiding, abetting, inciting, coercing, or compelling thereof made unlawful under this chapter. DISCRIMINATION also includes the unwanted touching of a person or persons, including the touching of hair.
NATIONAL ORIGIN. The country where a person was born or, more broadly, the country from which his or her ancestors came. NATIONAL ORIGIN includes natural texture and color of hair, hair styles and protective hair styles, including, but not limited to, braids, locks, twists and coverings, related to a person’s place of birth or ancestry. (Note: This subchapter is designed to prevent discrimination against people based upon ethnic distinctions commonly recognized at the time of discrimination. NATIONAL ORIGIN does not include the concept of United States regionalism.)
SECTION II: This Ordinance shall take effect upon its passage and approval.
_________________________________ ______________________________
Sonya Harward David James
Metro Council Clerk President of the Council
__________________________________ _____________________________
Greg Fischer Approval Date
Mayor
Approved as to form and legality:
Michael J. O’Connell
Jefferson County Attorney
BY: _________________________________
O-260-21 National Origin NJ 6-1-21