by Trish Rudder
The co-founder and board member of West Virginia Pride in Berkeley Springs, Scott Collinash, asked the Town of Bath Council on August 20 to consider an ordinance to protect the rights of LGBTQ people from discrimination in employment, housing, and public accommodations.
Fairness WV executive director Andrew Schneider also spoke to the council about this equality protection. The civil rights advocacy organization’s mission is to “ensure LGBT people can be open, honest and safe at home, at work and in the community,” the website reads.
Laws ensuring non-discrimination on the basis of sexual orientation has been in effect for 17 years, Schneider said.
There are 19 municipalities in West Virginia that have adopted a local fairness ordinance that includes Keyser, the City of Martinsburg, Shepherdstown, Charles Town, Harpers Ferry, and Bolívar.
Schneider said federal and state laws are not comprehensive because housing and public accommodations are not protected. The federal law covers employers of more than 15 employees and the state law covers employers of more than 12 employees, but small businesses with fewer employees are not specifically included in the non-discrimination protections.
A municipal ordinance will protect all employees, he said.
Mayor Scott Merki said more discussion was needed by the Ordinance Committee, and Town Recorder Susan Webster, an Ordinance Committee member, said the town’s legal counsel would have input as well.
Councilman Greg Schene said to Collinash that adopting an ordinance “is a process,” and Collinash said he understood that.
Last Thursday, an Ordinance Committee meeting was held and Collinash and Schneider attended to have a follow-up discussion.
Collinash said adopting the ordinance would help tourism. “People who come here will know we are open to non-discrimination.”
Webster said, “we will take it to our legal counsel and “that should be it.”
Councilwoman Mary Lynn Hickey said “that’s part of our due diligence” and town officials would ask for a legal opinion on it.
Collinash showed a letter from the Chamber of Commerce that approved the protections, but Hickey and Councilman Greg Schene, who chairs the Ordinance Committee, said they each represent the town on a Chamber and TBS board, and they knew nothing about the approval.
Webster said as a government organization, “we have to go through certain procedures” including legal counsel.
Schneider suggested the committee talk with City of Martinsburg attorney Kin Sayre for how the protection act is working there.
Schene said the town has a tourist-driven economy.
Collinash said adopting the ordinance can help tourism and visitors would appreciate coming here.
“We will have significant discussions about this,” Schene said. “All of us will have to give and take.”
“We want to be fair to everyone,” Schene said.
Hickey said, “we are very protective of what makes this town hum and we want to keep it humming.”
Officials said they would continue to discuss the request.