Oct 16, 2024
COLUMBUS, Ohio (WCMH) -- An Ohio man who applied for a vacant village council seat was denied the position because of his sexual orientation, a civil liberties organization claims. The ACLU of Ohio said David Nation, the applicant for the seat, faced "unconstitutional, discriminatory treatment" when the Waynesville Village Council voted against him because he is gay. Now, the organization is urging the village to implement a policy of nondiscrimination to ensure no future applicant experiences similar conduct. Small businesses in Lancaster see boost after LGBTQ+ controversy "The Waynesville Village Council engaged in flagrant discrimination against Mr. Nation. Excluding individuals because they are different is not only prohibited by law, but also inhibits a community's growth and ability to thrive," said Amy Gilbert, senior staff attorney for the ACLU of Ohio. "We look forward to the council's prompt action to address this glaring constitutional violation." The Village of Waynesville told NBC4 it "has no written statement responding to the ACLU" and referred to a public statement it released earlier this summer that said, "At no point was any applicant not selected for any discriminatory reasons, nor is there any evidence to support such an accusation." The village and council "consider this matter closed and will not be making any further comments or statements on this topic." Nation, a Waynesville resident and LGBTQ+ community activist, had applied for the seat the day after the vacancy was announced on June 17. The ACLU alleges that while Nation received "widespread" public support, the council "engaged in procedural irregularities, including soliciting additional applicants, none of whom applied on their own initiative." The village's statement said Nation was the only applicant to submit his application before the July 10 deadline but that council was made aware during a July 15 meeting of three other residents who submitted late applications. Trans candidates for Ohio Statehouse say they prioritize policy over culture-war battles "A motion was adopted by village council to accept the late applications, and all four applicants were interviewed in executive session," the statement said, noting that there is no provision in local or state law that establishes a deadline for applications to fill such a vacancy. "At the conclusion of the interviews, council indicated that it was not yet ready to vote on filling the vacancy." A special meeting was then held on July 31 to continue considering the applicants. The ACLU alleges council adjourned from executive session and "proceeded to conduct a vote against Nation." Council then appointed Lyle Anthony to the seat, who was administered the oath of office that evening. After Anthony was appointed, council member Chris Colvin said that his lack of support for Nation was due to his involvement with organizations that advocate for diversity, equity and inclusion initiatives. The village said "the statement made clear that council member Colvin's rationale was based on policy concerns related to DEI initiatives" and "in no way based on Mr. Nation's sexual orientation." Laws like Ohio’s trans healthcare ban linked to rise in youth suicide attempts, study says While the ACLU noted that council had received the signatures of 100 Waynesville residents in support of Nation, the village's statement said "council felt that Mr. Anthony was the best person for what the village needs right now." "It is clear that Mr. Nation has legal avenues to redress the discrimination he suffered shouldhe be so inclined. To avoid this outcome, we urge the Village of Waynesville to immediatelyimplement a policy of non-discrimination," the ACLU said. "Our hope is that Waynesville recognizes that excluding individuals because they are different is not only prohibited by law, but also inhibits a community's growth and ability to thrive." The ACLU has also submitted a public records request to the clerk of council to review the village's "unconstitutional action and a potential violation of Ohio's open meetings laws," claiming council failed to provide the correct notice to the public on the purpose of the July 31 meeting. The village's statement did not respond to allegations of a violation of the state's open meeting laws.
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