by Trish Rudder
The Town of Bath Council was asked in August to consider adding an ordinance protecting the LGBTQ community and others who live, work and stay in Bath in employment, housing, and public accommodations within the town limits.
Since then, the town Ordinance committee chair has been gathering information from the other West Virginia municipalities that added language in support of the LGBTQ community in their towns, and the committee also sought advice from Bath’s attorney, Richard Gay.
Mr. Gay responded to Councilman Greg Schene, who chairs the Ordinance committee on September 18 via email.
“In my opinion, the Town of Bath does not have the authority (1) to adopt the Ordinance on the first instance; nor (2) to create a private cause of action for enforcement of the Ordinance,” the attorney wrote.
Gay also noted, “Since the [WV] legislature has not authorized municipalities, especially a Class IV municipality, through a municipal charter or otherwise to adopt and enforce nondiscrimination ordinances and provide for the enforcement thereof, in my opinion, the Town lacks the authority to adopt the Ordinance, and the Ordinance if adopted, in my opinion would be void.”
Some of the municipalities Schene contacted said they have “letters of support” that are basically symbolic protections for the LGBTQ community.
He said the Ordinance Committee, which meets on October 17, will discuss the issue and perhaps table it for now.
