On second thought: Commissioners approve discrimination ban, will need additional vote

As members of the community stood before Buncombe County commissioners with Bibles in hand, legal statutes in folders and opinions in mind, public comment took a personal turn before the vote on a resolution to expand nondiscrimination language within the county’s personnel ordinance.

“This is not a civil rights situation. The Bible is the bottom line,” contended the Rev. Wendell Runion.

“This is more than a fairness issue: It is a moral issue,” argued Yvonne Cook-Riley, who spoke on behalf of Blue Ridge Pride.

Swannanoa resident Chris Oaks told commissioners, “If you do [vote for this ordinance], the blood will be on your hands for sending these people to hell.”

In total, 15 people spoke during the public comment session, which took place before county commissioners voted 4-3 to approve the resolution that expands Buncombe’s existing nondiscrimination clause. Currently, county workers are protected from discrimination based on age, color, race, sex and religion, along with a bevy of additional protected classes. The new resolution adds an extra layer of protection, safeguarding workers from discrimination based on sexual orientation and gender identity.

Less than a year ago, the proposal came before commissioners but failed with a 3-2 vote.

This time, the final vote split the other way: Democrats David Gantt, Ellen Frost, Holly Jones and Brownie Newman supported the expanded policy, and Republicans Joe Belcher, Mike Fryar and David King voted against it.

“I want to make sure that there’s no question about it,” said Gantt. “There’s absolutely [an] unequivocal policy on who we will not permit discrimination against. We hope it’s against no one.”

However, Belcher said he did not know if now was the right time to make a decision on the countywide policy.

County attorney Michael Frue noted that Senate Bill 612, recently introduced in the North Carolina General Assembly, could be a potential barrier to the county’s efforts. SB 612, the “Regulatory Reform Act of 2013,” focuses on ‘fast track permitting for certain environmental permits,” such as fracking, it might also extend into other aspects of county ordinances, said Frue.

The concern comes in Part II of the bill, which reads, “A city ordinance shall be consistent with the Constitution and laws of North Carolina and the United States. An ordinance is not consistent with the State or federal law when: The ordinance regulates a field that is also regulated by a State or federal statute or regulation and the ordinance is more stringent than the State or federal statute or regulation.”

In response to Belcher’s concern, Newman said, “We can’t control what they do, but we can control what we believe in Buncombe County.”

King said he shared Belcher’s hesitation, and urged the board to wait before considering the nondiscrimination resolution and allow for “a little time to make sure that this [resolution] doesn’t get struck down if this [bill] is enacted.”

Jones said she appreciated King’s concern, but explained that she had a different take. “If Raleigh wants to come in and yank rights away from our people, I say bring it,” she asserted. “I’m going to go on a premise, maybe it’s a naïve premise, that this bill was not written to keep LGBT people from being harassed and fired.”

Belcher then made a motion to table the discussion on the resolution until the June 18 commissioners meeting, but it failed 4-3. And after sharing their opinions, commissioners voted 4-3 to pass the nondiscrimination resolution. Because the resolution changes county policy, commissioners will need to vote on this policy again at its next meeting on April 12.

In other business, commissioners

• Approved a budget amendment, with a 7-0 vote, to give $40,000 annually for the next five years as part of a larger effort to bring an IronMan competition to the area. Speaking to commissioners, Director of the Asheville Sports Commission Ben VanCamp urged commissioners to consider the economic impact of such an event. The triathlon would consist of a 2.4-mile swim, an 112-mile bike ride and a 26.2-mile run. VanCamp estimates the event could infuse upward of $15 million into the local economy, and bring nearly 6,000 people to the Asheville area for the three-day event.

• Approved rezoning, with a 7-0 vote, for a 1.78-acre property between Gossett Road and Smokey Park Highway. The rezoning request came from The Rev. Scott Rogers of the Asheville Buncombe Community Christian Ministry. Rogers told the board that ABCCM plans to build a crisis ministry and health clinic on the site. Residents in the neighborhood said they were concerned about the increase in traffic and a possible spike in drug-related crime. However, Rogers stressed that this would not be the case, saying that the clinical practice would act as a primary-care facility that serves the Enka-Candler area. He estimates that the clinic would have the capacity to see 40 patients daily.

• Proclaimed April as Child Abuse Prevention month. Last year, the Buncombe County Department of Social Services received 2,362 reports of child abuse and neglect, including 3,985 children. Director of Child Abuse Prevention Services Bill McGuire noted, “Abuse literally crosses all lines, and knows no boundaries.”

• Proclaimed April as Smart Justice month. As part of the proclamation, residents are encouraged to learn more about the criminal justice and court programs in Buncombe County. Director of Buncombe County Pretrial Services Kim Gordon noted that a Smart Justice fair will take place April 20 in lot one (adjacent to the Buncombe County correctional facilities).

• Commissioners recognized the Warren Wilson College men’s basketball team on their U.S. Collegiate Athletics Association national championship for Division II.

The meeting can be viewed in full here:


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One thought on “On second thought: Commissioners approve discrimination ban, will need additional vote

  1. khyber Pass

    Good on the Democrats.
    When this country is officially a theocracy, then the Bible will be the rule book, even if interpreted by sharia type Xtians. Until then, one American, whether of the third sex or the other two, is as good as another. And bullying from the religious fringe is as bad a bullying by a thug in schools or on the street. I’m no longer a resident of Buncombe, but am happy to see that thuggery is not going to prevail under the commission.

    And just because Raleigh is in the hands of those who would destroy all that benefits ordinary people, is no reason for the counties to lie down and become street pizza.

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