ELKINS — Elkins City Council approved the first reading of an ordinance that would prohibit discrimination in employment, housing and public accommodations and establish grounds for a “private right of action,” leading the way for Elkins to join more than 20 other West Virginia municipalities with similar ordinances in place.

Eight council members voted in favor of Ordinance 348 during the Sept. 19 meeting. Second Ward Council member Michael Hinchman and Third Ward representative Erika Plishka voted against the ordinance. This was the first of two readings. The ordinance will have to pass the second reading at the City Council’s next meeting on Oct. 2 before it goes into effect.

Ordinance 348 would prohibit discrimination based on race, color, religion, veteran status, national origin, age, disability, marital status, familial status, sex, sexual orientation and gender identity in employment, housing and public accommodations.

According to Ordinance 348, Council’s purpose for enacting such an ordinance is to “promote the public health and welfare of all persons who live and work in the City of Elkins.”

“It is important for the City of Elkins to ensure that all persons within the City have equal access to employment, housing and public accommodations,” Ordinance 348 states.

While the ordinance would be a part of the Elkins City Code, Ordinance 348 “would not be enforced by the city.” Instead, the ordinance establishes a “private right of action for individuals who are aggrieved of any of the unlawful discriminatory practices described (in the ordinance).”

“The individual aggrieved may file a complaint in Randolph County Circuit Court, in compliance with the relevant rules of that Court, and must show through clear and convincing evidence that the defendant committed an unlawful discriminatory practice as described (in the ordinance),” Ordinance 348 states.

The ordinance does allow for two exemptions, one of which protects the right of religious organizations to hire individuals of a particular faith for work connected to their religious activities. The other exemption protects employers that observe the conditions of a “bona fide affirmative action plan or a bona fide seniority system” which is not a pretext to evade the purposes of the ordinance.

Before City Council voted on the first reading, six people came forward to speak in favor of the ordinance during the meeting’s public comment section. Each speaker stated that the ordinance would benefit the community, the economy and the population growth of Elkins.

“I work every day with young adults, families and community members who want to build meaningful lives here in West Virginia,” Katy Ross, a mental health therapist in Elkins, said. “From that perspective, this ordinance is really just common sense. It says that every resident, no matter who they are or who they love, they have a fair shot at a job, a safe place to live and the freedom to enjoy public spaces without fear of being turned away. That’s not a special right. It’s fairness.”

Andrew Schneider, who serves as the executive director of the organization Fairness West Virginia, also spoke during the meeting. According to Ordinance 348, the City’s Rules and Ordinance Committee received a presentation from Fairness West Virginia on Sept. 2, proposing City Council consider and adopt an anti-discrimination ordinance.

Schneider stated that Ordinance 348 would be a “win, win, win” for Elkins.

“Win because, first of all, for those people of faith, this would codify the Golden Rule, the highest principle of all major religions, ‘Do unto others as you would want them to do unto you,'” Schneider said. “Secondly, it would help to spur economic growth and vitality. A number of officials from the 20 municipalities in West Virginia that have already adopted these laws have told me that this has helped them to draw businesses to their community…”

“And thirdly, it’s a win because you can see through polling, the younger generation insists upon inclusion and insists upon these non-discrimination laws, and when they don’t see that in their own communities, they move away,” Schneider said. “So for a college town like Elkins, I would think it would be absolutely imperative to have this type of law on the books.”

Schneider pointed out that the state legislature and the federal government have both failed to act to adopt a similar version of the ordinance, explaining that is why Fairness West Virginia has gone to the municipalities to enact change.

Schneider said more than 20 municipalities in the state have passed similar ordinances against discrimination during the last 18 years.

Eleanor Renshaw, a resident of Elkins and the executive director of the Beverly Heritage Center, explained during public comment that she “fell in love” with Elkins when she moved to the city two years ago and an anti-discrimination ordinance would “strengthen” her decision to stay in Elkins.

“From its 19th-century beginnings, Elkins was built by a wide group of people coming together in this community, and this ordinance extends security to more of those people,” Renshaw said. “This shows that the Elkins City Council, you all, know that everyone should have an equal chance to work, live and participate fully in our life here.”

Before voting, Fourth Ward Council members Nanci Bross Fregonara and Andrew Carroll, and Fifth Ward representatives Cody Thompson voiced their support for Ordinance 348, and gave thanks to those in the community who they say helped bring ideas for the ordinance.

The Elkins City Council will meet again on Oct. 2 at the Phil Gainer Community Center.