by Trish Rudder
The Town of Bath Ordinance Committee recently examined a proposal aimed at establishing a nondiscrimination ordinance designed to safeguard the rights of LGBTQ individuals against discrimination in employment, housing, and public accommodations within the municipal boundaries of Bath. However, during their most recent meeting, they reached a consensus to cease further discussions regarding the ordinance.
Bath Councilwoman Mary Lynn Hickey confirmed that the three committee members voted unanimously 3-0 on October 17 to terminate the deliberation about the potential adoption of such 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 explained in an email.
Since the initial request was submitted in August by local Berkeley Springs Pride advocate Scott Collinash and Andrew Schneider from Fairness WV, the committee has meticulously reviewed a detailed analysis provided by Richard Gay, Esq., the town attorney. The findings indicated that Class IV municipalities, such as Bath, lack the requisite legal authority to institute an ordinance of this nature.
In correspondence addressed to Schneider, Hickey noted his references to legal opinions suggesting that attorneys in Class 1 municipalities, like Charleston and Martinsburg, possess the discretion to enact such legislation.
However, Hickey clarified, “under the West Virginia Constitution Section 3.9a, Class IV municipalities do not have the same legal discretion to enact ordinances.”
Hickey expressed her willingness to collaborate with Schneider on drafting a non-legally binding letter of support, but he explicitly stated that they were not interested in working alongside the Town to develop any statement of support.
In an email shared with The Morgan Messenger, Schneider articulated that the goal of the organization revolves around securing legal protections: “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.”
Furthermore, Schneider emphasized, “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.”
As a result, Hickey stated that town officials currently find themselves at an impasse regarding 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.
**Interview with Councilwoman Mary Lynn Hickey on Bath Township’s Nondiscrimination Ordinance Proposal**
**Interviewer (Trish Rudder):** Thank you for joining us today, Councilwoman Hickey. Can you share with us the recent developments regarding the proposed nondiscrimination ordinance for LGBTQ rights in Bath Township?
**Councilwoman Mary Lynn Hickey:** Thank you for having me, Trish. Yes, the Ordinance Committee discussed the possible implementation of a nondiscrimination ordinance aimed at protecting LGBTQ individuals from discrimination in various areas, including employment and housing. However, after thorough deliberation, the committee decided to cease further discussions during our meeting on October 17.
**Interviewer:** That’s a significant decision. What were the considerations that led to this conclusion?
**Councilwoman Hickey:** The unanimous vote was largely influenced by the legal advice provided by our Town attorney. We also conducted extensive research into the implications of passing this ordinance as a Class IV municipality. Unfortunately, we discovered that we do not have the legal authority to implement such an ordinance effectively.
**Interviewer:** How did this proposal come about initially?
**Councilwoman Hickey:** The proposal was submitted by local advocates, Scott Collinash from Berkeley Springs Pride and Andrew Schneider from Fairness WV, in August. They provided a detailed analysis advocating for the ordinance, which the committee reviewed meticulously before coming to our final decision.
**Interviewer:** How do you think this decision will impact the LGBTQ community in Bath Township?
**Councilwoman Hickey:** I understand that this outcome may be disappointing to some in the community who hoped for stronger protections. While we had hoped to support these important rights, our responsibility is to adhere to the legal framework under which we operate. We will continue to encourage a community environment that promotes inclusivity and respect for all individuals.
**Interviewer:** Thank you for your insights, Councilwoman Hickey. Is there any future plan to revisit this issue?
**Councilwoman Hickey:** At this time, there are no plans to revisit the proposal unless there are changes in the legal framework or authority that would allow us to proceed with such an ordinance. However, we are always open to dialogue and reassessing community needs as they evolve.
**Interviewer:** Thank you for your time, Councilwoman Hickey. It’s important for the community to stay informed.
**Councilwoman Hickey:** Thank you, Trish. I appreciate the opportunity to discuss these significant matters with you.
