Miami Beach bans discrimination based on hair style, aims to ‘protect cultural identity’
%20(1)-1.jpg "The city of Miami Beach passed an ordinance banning discrimination based on hair texture or style.")
Discrimination based on a person’s hair is now banned in Miami Beach after the City Commission gave final approval to a new ordinance Wednesday.
The law will address cases commonly associated with a particular race or national origin, including in Black communities where people can face discrimination for hair styles such as braids, locs, afros, curls and twists, according to a press release from the city.
“It’s unacceptable in 2022 that Black Americans and other minorities still face discrimination based on something so trivial as whether or not they have textured or curly hair,” Miami Beach Vice Mayor Alex Fernandez said in a statement. “This serves to protect cultural identity and not have to worry about sacrificing who you are in Miami Beach.”
The ordinance, which passed unanimously, applies to hiring, housing, public services and the use of public facilities. The city’s human rights ordinance already included discrimination bans based on a host of other factors, including race, religion, gender identity, sexual orientation, marital status, age, disability, height, weight, labor organization membership and political affiliation. The Miami Beach City Commission has no Black members.
Similar legislation prohibiting discrimination based on natural or protective hairstyles that are common in Black communities has passed at the state level in New York, California, New Jersey, Virginia, Maryland, Washington and Colorado.
In South Florida, Broward County passed a ban on racially-based hair discrimination in 2020.
The idea for the Miami Beach ordinance came from the city’s human rights advisory committee, which first requested it in April 2021. Alan Fishman, who chairs the committee, noted in a statement that the U.S. military barred natural or protective hairstyles for Black servicewomen as recently as 2018.
“Race-based hair discrimination stems from a perception that straight hair is clean, neat and professional while the opposite belief applies to textured or curly hair types,” Fishman said. “In reality, this is just another way to discriminate based on racial stereotypes.”
The ordinance includes an exception for employers who determine that an employee’s hair style would prevent them from wearing health or safety equipment, or impair their ability to “safely engage” in a job.
Violating the ordinance can lead to a fine of up to $1,000 for a first offense, up to $5,000 for a second offense within five years, and up to $15,000 if the city deems the discriminatory act to be “irreparable or irreversible in nature.”
Miami Beach, a wealthy coastal city where about 5% of residents are Black, has a long history of being labeled as hostile toward Black visitors, including tourists who visit during spring break and Memorial Day weekend.
But city officials say it’s a welcoming place for all.
“We don’t want anyone to feel pressure to change their natural hair texture or hairstyle if they want to work, live or play in the City of Miami Beach,” Miami Beach Commissioner Kristen Rosen Gonzalez said in a statement. “We value diversity in our city and understand that it makes us stronger as a community.”
This story was updated to include the penalties for violating the ordinance.
This story was originally published October 26, 2022 at 3:18 PM.
