Chambersburg repeals non-discrimination law protecting LGBTQ+ community

Note: This story has been updated. One Republican joined six Democrats to pass the non-discrimination ordinance in September 2021, and three Republicans voted against it. 

Chambersburg has become the first town in Pennsylvania to abolish its non-discrimination ordinance, passed just four months ago to bridge a protection gap in state law for the local LGBTQ+ community. 

Borough Council voted 7-3 along party lines on Monday night to repeal the ordinance that banned discrimination based on sex, race, religion and other factors in terms of employment, housing and public accommodations and established a local human relations commission tasked with handling complaints of violations. 

The vote followed three hours of comments from people in the community and council representatives. Of the roughly 250 people who attended the meeting in person or virtually, about 50 spoke in support of keeping the non-discrimination ordinance and about six spoke in favor of repealing it. 

Supporters of keeping the ordinance in place argued that repealing it would not only send an unwelcoming message to people in the LGBTQ community but damage Chambersburg's reputation and negatively impact the economy. 

People who wanted to see the non-discrimination ordinance repealed argued that it was unnecessary and unenforceable. They said it could have negative effects legally and ideologically. 

More:Chambersburg council may rescind non-discrimination ordinance it passed just months ago

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The public comments did not sway council members' votes. The three Democratic council members - Kathy Leedy (Third Ward), Alice Elia (First Ward) and Sharon Bigler (Fourth Ward), all of whom supported non-discrimination ordinance originally - voted no to repealing the ordinance.  All Republicans - Allen Coffman (First Ward), Dom Brown (Third Ward), John Huber (Second Ward), Tom Newcomer (Second Ward), Bill Everly Jr. (Fifth Ward), Larry Hensley (Fourth Ward) and Weston Waytow (Fifth Ward) - voted yes. 

Leedy, who represents the Third Ward, warned that repealing the non-discrimination ordinance would "rebrand" Chambersburg as the town that took away protections for LGBTQ people. 

"Once a person loses a reputation it's very, very difficult to get that reputation back and I think the same is true of a community," she said. "This is the government now taking rights away and I think that’s a very serious step."

Coffman, the council president, said repealing it does not eliminate anyone's rights. 

"I don’t see the protections people are talking about, saying they are going to lose it.   All… (people) should and must be treated equally under the law. The law in this country does not come from this council, it comes from the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania."  

Coffman added that keeping the ordinance could negatively impact parties against whom complaints are made. He said he would know: Last year's council reprimanded him after determining he violated a borough policy prohibiting discrimination by borough representatives in regards to an email correspondence with a local business owner. 

Mayor proposes a compromise

Several of the GOP council members said their opposition to the non-discrimination ordinance does not mean they are OK with discrimination or don't support the LGBTQ community. Waytow, who is one of the new members of council, explained why he and others don't agree with the local human relations commission or mediation process. 

That was Mayor Kenneth Hock's cue to share a proclamation asking that "all residents and visitors of the Borough of Chambersburg reject bigotry and discrimination of all individuals in any form or fashion and any context including employment, residential housing, business transactions and sales."

The document advises anyone who believes they were subjected to discrimination to seek resolution through the state's human relations commission.

"I hope that helps. We're all trying...to find a happy medium," Hock said.

More:Gay in a small town: Life has improved for LGTBQ in central Pa., but fear persists at times

Bigler, Elia and Leedy expressed appreciation to the new GOP mayor, saying they would be open to considering eliminating the local human relations commission and mediation process if it meant keeping the message of the non-discrimination ordinance in place. 

As of now, though, the ordinance is officially repealed. By the time Hock shared the proclamation, a motion and a second on repealing the non-discrimination ordinance had already been made and Coffman ruled that the vote had to move forward. 

Repeal 'embarrassing' for Chambersburg

Dozens of supporters asked, even pleaded, for Borough Council to keep the ordinance in place. Many shared their dismay over what repealing the ordinance would do to the town they love.

“We would go backward if repeal this,” said Kiersten Stockum. “This is protecting someone. Why would we not want this? That’s saying we discriminate here so you’re better off somewhere else.”

Resident Shannon Brown said the repeal was about “hatred” and told council they will drive people out of town if they moved ahead with it.  

“Without us Chambersburg will die,” she said. “Do you hate us more than you love Chambersburg?”

Mike Boryan told council members to just look around and see that the majority of people were in favor of keeping the ordinance. It would be “embarrassing” to be the town known for repealing it.

“I love the reputation that our borough has as being an enlightened community… I simply don’t want Chambersburg to be the one that repeals this and drops out,” he said.

A few people shared that they had never spoken at a meeting like this, but they overcame nerves to do so because they felt so strongly that keeping the ordinance was important.

Teachers and others who work with young people warned that pulling back the ordinance could lead to an uptick in bullying and risk for self-harm. Two people who described themselves as advisors to the Gay-Straight Alliance at Chambersburg Area Senior High School said students are concerned about the impact of repeal.

A number of local business owners said they are worried the repeal would push their customers elsewhere.

Erin Miskell, a co-owner of Gearhouse Brewing Co., described an email she received from a customer who said they would not patronize any Chambersburg business if the non-discrimination ordinance was not in place.

“Town council has brought shame and damage,” Miskell said. “This issue is highly visible and this is how we will be known.”

A number of people pointed out the non-discrimination ordinance offers protections to veterans, disabled people, people with service animals and other classes, not just those in the LGBTQ+ community. At least two people who identified as Jewish described having armed guards at their local synagogue because their faith has been targeted with violence. 

“This affects everybody,” said Heather Shields. “By removing this ordinance you’re really showing that you really don’t care about anyone in Chambersburg.”

Amber Crest countered the argument that the ordinance is not enforceable.  

“Think about the symbol that you’re sending out to repeal it. It costs the borough nothing to keep it,”  she said.  

Several former representatives who were on Borough Council when the non-discrimination ordinance was put in place last year countered views that the process was rushed and that the ordinance has no teeth.

“The non-discrimination ordinance vote is how you will be remembered across Chambersburg, across the state of Pennsylvania and across America,” said Barbara Beattie, who lost her Third Ward seat to Dom Brown by nine votes.

Repeal paired with 'false narrative'

Some local pastors spoke in support of repealing the non-discrimination ordinance. 

Mike Sanders, pastor of Open Door Church, said those for repealing the law were supporters of religious freedom and "understanding reality over idealism." 

"It’s a false narrative that you are hating somebody by repealing this," he said. 

Adam Meredith, pastor of Antrim Brethren in Christ Church, said the non-discrimination ordinance as it stood could have unintended consequences. 

"It's laws like this that have been wielded against people in faith for acting in consistence with their beliefs," he said. 

The non-discrimination ordinance is unnecessary and duplicates rules already standing, others said. Patty Glascoe, who worked for many years as nurse, described her joy in helping people of all varieties but said she believes there was no enough "creativity" in developing the ordinance. 

At least one person said she supported the ordinance's repeal because she thinks members of the LGBTQ+ community pose a danger. Michele Jansen, news director of News Talk 103.7 FM, said she believes efforts promoting diversity, equity and inclusion are going too far. 

"I'm tired of hearing all this nonsense about love and peace and harmony when so many people are being hurt," she said. 

Background on Chambersburg's non-discrimination ordinance

Pennsylvania is the only state in the Northeast that does not explicitly protect the LGBTQ+ community from discrimination. Chambersburg had been among 70 municipalities in the state to adopt local non-discrimination ordinances to fill the gap. Those towns hold about 35% of the state's population. 

An exploratory committee appointed last April researched ordinances in other towns and sought insight from experts and residents, ultimately recommending that Chambersburg adopt the same ordinance on the books in Gettysburg. In response to critics on Monday, Elia, who was council president last year, said there was no point in creating a whole new ordinance when Gettysburg's suited Chambersburg's needs. 

Borough Council adopted the non-discrimination ordinance five months later, in September. One Republican, who is no longer on council, and six Democrats voted to pass it. Huber, Everly and Coffman opposed it. 

Conservatives never liked it. The then-mayor, Walt Bietsch, vetoed the ordinance but was overridden by the Democratic majority.

When Republicans took the council majority on Jan. 3, they immediately moved to take steps to repeal the ordinance. Three weeks later, they succeeded. 

Amber South can be reached at asouth@publicopinionnews.com.