Protect Fayetteville v. City of Fayetteville (Majority)Annotate this Case
At issue in this case was Ordinance 5781, entitled “An Ordinance To Ensure Uniform Nondiscrimination Protections Within The City of Fayetteville For Groups Already Protected To Varying Degrees Throughout State Law.” After the Fayetteville City Council passed the Ordinance, Appellants filed a complaint and a motion for declaratory judgment, arguing that Ordinance 5781 violates Act 137 of 2015, the Intrastate Commerce Improvement Act. Thereafter, the Ordinance was approved by voters in a special election. The circuit court concluded that the Ordinance did not violate Act 137. The Supreme Court reversed, holding that Ordinance 4781 violated the plain wording of Act 137 by extending discrimination laws in the City of Fayetteville to include two classifications not previously included under state law, thus creating a direct inconsistency between state and municipal law.