The state Supreme Court this week denied the city’s request for reconsideration in an anti-bias dispute involving SEPTA that’s ensued for nearly 10 years.
In a one-page decision dated June 20, the high court denied the city’s request, without explaining its reasoning.
SEPTA is the region’s mass-transit system, serving more than 650,000 riders daily in Philadelphia, four surrounding counties and parts of New Jersey and Delaware. SEPTA maintains that, as a state agency, it’s not governed by the city’s Fair Practices Ordinance. But the city opposed SEPTA’s position, claiming it’s in the public interest for SEPTA to abide by the ordinance.
In a 4-3 ruling in April, the high court sided with SEPTA, noting the transit agency has “sovereign immunity” from complaints such as those handled by the Philadelphia Commission on Human Relations, which enforces the Fair Practices Ordinance.
On May 10, city attorneys asked the court to reconsider its decision, arguing that SEPTA isn’t immunized from all types of antibias complaints handled by the PCHR.
On May 23, SEPTA filed an 11-page rebuttal, urging the court to reject the city’s petition as meritless.
This week, Patrick M. Northen, a SEPTA attorney, expressed agreement with the high court’s refusal to reconsider the case.
“This decision by the state Supreme Court today should finally resolve the matter,” Northen told PGN. “SEPTA is pleased that matter has been decided favorably, after years of litigation.”
Rue Landau, PCHR executive director, issued this statement: “There is fear in the LGBTQ community that people are not protected from discrimination as passengers or employees of SEPTA. The PCHR urges SEPTA to issue and promote nondiscrimination policies that are inclusive of sexual orientation and gender identity.”
Justin F. Robinette, a local civil-rights attorney, said he wasn’t surprised by the court’s refusal to reconsider the case.
“This is unsurprising since neither the city nor SEPTA pointed out the anti-LGBT nature of the court’s ruling in the petition for reconsideration [process],” Robinette told PGN. “The only conceivable ground for reconsideration was to argue that the court’s ruling had a ‘potential for a significant impact upon developing law or public policy.’ The city never made that argument.”
Robinette added that the LGBT community has been denied justice.
“The state Supreme Court’s refusal to reconsider this case, which is so important to the LGBT community, denies a measure of justice. And this case underscores why sexual orientation and gender identity need to be added to federal and state antibias laws. We can’t depend on the courts to consistently respect our rights.”
Robinette also expressed concern about SEPTA’s antibias policy, which the transit agency claims is LGBT-inclusive.
“SEPTA reassures us they would never discriminate against LGBT people,” Robinette noted. “However, SEPTA could withdraw that policy tomorrow, thanks to this court’s ruling today.”
