While House Bill 468 seeks to align Kentucky's Civil Rights Act with updates to the federal Americans with Disabilities Act — a relatively uncontroversial piece of the legislation — it also contains language that strips both the state commission and local commissions of the ability to enforce some civil rights laws.
That's akin to telling police officers you can still enforce the law, but can't arrest people, can't carry guns, you can't force people to testify.Raymond Sexton with the Lexington Civil Rights Commission, on new proposal
Instead, bill sponsor Rep. Daniel Elliot proposes a system that would redirect cases dealing with discrimination complaints related to employment and public accommodations to the courts to be settled.
"The reason that I am proposing this is I believe the right to a jury trial, which is enshrined in the Kentucky Constitution and our Seventh Amendment to the U.S. Constitution, is the appropriate forum for these complaints," the Winchester lawmaker said.
On the local level, human rights commissions would no longer be able to compel testimony, subpoena documents, or resolve complaints on their own.
Raymond Sexton, who leads Lexington's commission, said the bill could effectively defang the agency.
"So in essence we can still investigate complaints, but the ways that we do our job are taken away from us," Sexton responded. "That's akin to telling police officers you can still enforce the law, but can't arrest people, can't carry guns, you can't force people to testify."
The bill's sponsor said he is open to potential amendments and Democrats in the House Judiciary Committee sounded hopeful that elements of the bill could be revisited as it moves through the legislative process.