by Trish Rudder
The Town of Bath Ordinance committee has looked into the request to consider a nondiscrimination ordinance to protect the rights of LGBTQ people from discrimination in employment, housing, and public accommodations within the Bath town limits. It voted in the last committee meeting to withdraw further consideration on the matter.
Bath Councilwoman Mary Lynn Hickey said the three members of the committee voted unanimously 3-0 on October 17 to terminate discussions on adopting an ordinance.
“This decision was made based on the legal opinion shared by our Town attorney, and our own research on the viability and implications of passing this ordinance as a Class IV municipality with no legal authority to do so,” Hickey said in an email.
Since August when the request was made by local Berkeley Springs Pride member Scott Collinash and Andrew Schneider of Fairness WV, the committee members received detailed analysis from Richard Gay, Esq., the town attorney and research by the town Ordinance committee, indicating that a Class IV municipality, as the Town of Bath is, does not have the legal authority to enact such an ordinance.
Hickey wrote to Schneider that his references of legal opinions by attorneys in both Charleston and Martinsburg that are Class 1 municipalities in the state have the discretion to enact such ordinances.
But “under the West Virginia Constitution Section 3.9a, Class IV municipalities do not have the same legal discretion to enact ordinances,” Hickey wrote.
Hickey offered to work with Schneider on a non-legally binding letter of support but “he clearly stated that they have no interest in collaborating with the Town on a statement of support,” she wrote.
In an email to Hickey that was shared with The Morgan Messenger, Schneider noted that legal protections are the aim of the organization: “I would be happy to continue discussing the idea for the ordinance with you, but unfortunately, Fairness West Virginia and Berkeley Springs Pride will not support any efforts to merely pass a resolution in support of non-discrimination. Our work focuses on winning real protections for the hardworking LGBTQ+ people who live in our state, and resolutions unfortunately don’t offer any real support.”
Hickey said town officials are therefore at a stopping point on the issue.
“Unless and until other local supporters in the community approach me to continue the conversation on a letter of support, there will be no further follow up,” Hickey wrote on October 30.
