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LGBT Public Hearing Is Tuesday at White Palace in Wheeling

WHEELING — A large crowd is expected to be in attendance Tuesday as the city of Wheeling holds a public hearing concerning a draft ordinance that would establish protections for lesbian, gay, bisexual and transgender residents in terms of housing and employment.

The hearing is set for 6 p.m. in the ballroom at Wheeling Park’s White Palace. Those wishing to speak need to sign up prior to the meeting’s start.

Supporters of the ordinance, which was advanced this summer from the city’s Human Rights Commission to Wheeling City Council, say the protections are needed to help move Wheeling forward in terms of offering support to all residents. The draft ordinance does include an exemption that would provide some leeway to all religious institutions, which supporters have said is standard for nondiscrimination ordinances nationwide.

Those opposed to the ordinance argue there’s no need for a specific measure to provide LGBT protections, as the city’s current human rights ordinance and federal statute already provide protections. Among other issues, they believe the matter would simply create a protected class.

City council met with community leaders and others during two work sessions to discuss how the ordinance should be worded.

Click Here to Read Wheeling’s Draft LGBT Ordinance

Mayor Glenn Elliott believes the commission and City Council have included everyone in the process to date. While the draft — an amended version of the city’s existing human rights ordinance — now accounts for sexual orientation and gender identity, it also includes classifications such as race, sex and disability, in addition to recognizing the First Amendment rights of religious institutions.

Elliott has said City Solicitor Rosemary Humway-Warmuth wrote the proposed ordinance so the commission would hold some manner of authority to enforce it. In a formal case, the commission would investigate and pursue reconciliation. If not achieved, a cease and desist could be ordered, or the matter may go to the West Virginia Human Rights Commission or into the court system.

A similar public hearing on a proposed LGBT ordinance in August in Chillicothe, Ohio, drew upwards of 200 people and led leaders there to table the matter. In Wheeling, there already have been a number of people speaking out at council meetings against the measure, while those supporting the ordinance staged a march at the end of August to show their solidarity.

The ordinance, in its current form, would make it unlawful for a business or property owner to refuse employment or housing to, as well as fire or evict, anyone because they are lesbian, gay, bisexual or transgender.

Private clubs would be exempt in terms of granting membership, but would have to abide by the law as employers.

The ordinance defines an employer as “any person employing 12 or more persons within the city and includes an agent of such person, and its agencies.”

Public accommodations, defined as any establishment or person who offers its services, goods or facilities to the general public, would be denied from discriminating based on sexual orientation or gender identity.

The amended ordinance also accounts for race, religion, sex, national origin, age, disability, familial status and veteran status. The ordinance in its current form also includes these categories, except for veteran status, which was added. Veteran status excludes dishonorable discharge.

West Virginia does not offer legal protection in state code against discrimination based on sexual orientation or gender identity, which has prompted several other cities, such as Charleston, Morgantown and Shepherdstown, to enact their own nondiscrimination ordinances. Currently, there are nine cities in West Virginia with such ordinances.

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