Fairmont City Council passes two contentious ordinances | Local News | #citycouncil


FAIRMONT — Fairmont is now the 18th municipality in the state to adopt an anti-discrimination ordinance.

Tuesday night, after a pointed discussion, Fairmont City Council voted 7-2 in favor of adopting a local ordinance codifying the Fairness Act. Fairmont is the 18th municipality in the state to do so, trailing just behind its neighbor Monongah, who passed a similar ordinance in September.

The ordinance falls in line with the city’s 2018 measure to create a Human Rights Commission. The ordinance clarifies language in the ordinance establishing the HRC to specify definitions as well as allow for legal action to be brought in cases of discrimination at the local level.

Five individuals spoke at the meeting in favor of the ordinance with no residents speaking against. Among the five who spoke, Del. Joey Garcia, D-Marion, spoke in favor of the ordinance, which mirrors a bill he’s been sponsoring at the state level that has failed to pass.

West Virginia has laws in place that protect individuals from discrimination “on the basis of race, religion, color, national origin, ancestry, sex, age, blindness or disability,” but not gender identity or sexuality. This local ordinance fills the gaps and allows matters of discrimination in Fairmont to be brought before the circuit court.

“If you read this, it just says you can’t discriminate against somebody based on who they are or who they love — simple as that,” Garcia said.

Garcia previously worked as an employment lawyer, and is somewhat of an authority on the subject of discrimination.

Others speaking in support were community members as well as representatives from Fairness West Virginia and the W.Va. Chapter of the American Civil Liberties Union.

The ordinance passed 7-2 with only Councilmembers Barry Bledsoe and David Kennedy voting nay.

Prior to the vote, Bledsoe spoke about his “reservations” with the ordinance, saying that as a business owner and landlord himself, he doesn’t discriminate and thinks discrimination is bad.

However, he went on to say the only exception to his personal anti-discrimination policy are transgender individuals.

“[Transgender] is a lie that defies DNA, science, medicine and biology. The simple fact of the matter is if you want to do it, I don’t care. But that particular group — not all of them I don’t want to lump everybody in the same group — but it’s a simple fact that there are occasions where that group looks for reasons to practice the cancel culture,” Bledsoe said. “They become ‘mini terrorists’ as I call it.”

Kennedy defended his no vote and said, “It’s just not necessary.”

After the meeting, Larry Buckland, president of the Fairmont Human Rights Commission, was happy to see it passed with such little opposition.

“This is a win,” he said. “It’s a win for Fairmont, it’s a win for the community and it’s a win for all people.”

The BB&T Building

The more contentious issue of the evening was the purchase of the former BB&T Bank building on Fairmont Avenue.

The ordinance to enter into a contingent purchase agreement to buy the building has been before the council on five separate agendas, including an entire work session to discuss the purchase agreement.

The agreement states that the city will have 120 days to conduct all manner of tests and inspections to determine if it will suit the the city’s needs. The hope is to relocate the police department and some other city functions into the building.

If it passes all inspections and there are no problems, the city will purchase the building for $500,000.

After several residents spoke to council about the building and alleged problems it may have, the council narrowly passed the ordinance 5-4, Mayor Mainella being the tie-breaking vote.

The final tally was Councilmembers Cinalli, Garcia, Rice and Kennedy against and Councilmembers Deasy, Bolyard, Blood, Bledsoe and Mainella in favor.

“I know that Valerie [Means] and her staff will do their very diligent due diligence and if it’s not the right place for them to be, they will not go forward with it,” Mainella said. “I vote yes.”

Other business:

  • Council passed an ordinance allowing fireworks demonstrations for wholesale purposes to be allowed on a permit basis.
  • City Manager Valerie Means said that the Everest Street Bridge will remain closed for “quite a while” as the bridge is repaired and the situation is assessed.

The council’s next meeting will be next week, Tuesday, Dec. 20 at 7 p.m. in the public safety building on Quincy Street.


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