40/29 TV reports that the group formed to fight the Fayetteville civil rights ordinance has asked to dismiss its lawsuit. U)PDATE: Only a portion of the suit has been dismissed.

The lawsuit failed to stop the election Sept. 8 in which an ordinance was approved to provide penalties for discrimination in housing, employment and public accommodation on a number of grounds, notably including sexual orientation and gender identity.

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The lawsuit also contained an argument that a new state law prohibited ordinances such as this, a contention City Attorney Kit Williams and others disputed. But, absent dismissal, the lawsuit held the potential to test the question. I have a call in to Travis Story, attorney for Protect Fayetteville in the lawsuit, to see what plans remain, if any, for a challenge to the ordinance on account of the state law, sponsored by legislators who want to preserve the legal discrimination against gay and transgender people.

It might be the case needs somebody affected by the ordinance to perfect legal standing. Perhaps there’ll be no discrimination and no need for a lawsuit. We could hope.

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UPDATE: Wishful thinking. 40/29 has added to its original story and said the portion of the suit against Washington County and the election commission is to be dismissed, but other claims will remain. This statement:

Yesterday attorneys for protect Fayetteville filed a motion to dismiss Washington County, and the three Washington County election Commissioners. This was done under the plaintiffs absolute right to nonsuit a portion of those names as defendants without dismissing the entire claim. Protect Fayetteville continues to prosecute its claims against the City in regards to Ordinance 5781 being unlawful and unenforceable.

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