A vote to reconsider Luzerne County's anti-discrimination ordinance was originally on the agenda for this week's council meeting, but county council decided to wait until a challenge to the petition that called for the vote is settled.
"We have to wait until all the challenges are complete to vote on reconsideration," Council Chair Jimmy Sabatino said.
The request, filed by Action Together NEPA and seven Luzerne County residents, asks for the Luzerne County Board of Elections to review 8,917 of the 15,405 signatures on the petition filed by former Luzerne County Controller Walter Griffith and his petitioner committee.
At a meeting last week, the county board of elections voted not to rule on the request. Assistant Solicitor Gene Molino said the matter is "out of the board's control at this point."
On Friday, Attorney Sarah Borland of Borland & Borland filed an appeal with the Luzerne County Court of Common Pleas requesting a judicial review of the board's decision.
The filing argues that the board of elections must review the challenge to the petition because the county's home rule charter treats petitions for referendum the same as nomination petitions under the state's election code.
The countywide non-discrimination ordinance extends protections from discrimination in employment, housing and public accommodations to classes not included under statewide and federal law — including protections from discrimination based on gender identity, gender expression, sexual orientation, veteran status, and physical or mental disability.
Luzerne County Council passed the ordinance in June with a vote of 7-4.
Griffith then led the effort to petition county council to repeal the ordinance or put it up for a county-wide vote — a process allowed under the county's home rule charter.
Under the charter, the petitioners needed to obtain 11,615 signatures — a total that was equal to or greater than 10% of county votes cast in the most recent general election for governor.
The petition ultimately received more than 15,000 signatures, verified on Aug. 10 by the clerk of county council.
The accepted petition gave Luzerne County Council 30 days to vote on whether or not to repeal the ordinance. If they voted against reconsidering it, it would then go on the 2027 primary election ballot for a countywide referendum.
But that's on hold while Action Together NEPA's challenge is unsettled.
"There is nothing for us to do until the challenges are done," Sabatino said.
