Tyler Fleet speaks to the Jefferson County Commission, in opposition to a proposed ordinance banning minors from live adult entertainment. Toni Milbourne

CHARLES TOWN — Despite hearing more than a dozen public comments opposing a proposed ordinance barring minors from attending adult live performances, members of the Jefferson County Commission approved the passage in a 3-2 vote last Thursday.

The ordinance, proposed by Commissioner Jennifer Krouse, called for barring minors from adult live performances that, by definition of the West Virginia Code Chapter 7, Article 1, Sec. 4, “means any show, exhibition or other presentation in front of a live audience which, (i) in whole or in part (a) is obscene as defined in WV Code §7-1-4(4), (b) depicts, discusses or simulates nudity, sexual conduct, sexual excitement, masturbation, specific sexual activities, lewd conduct, or contains the lewd exposure of real, prosthetic, or imitation genitals, buttocks, or breasts, (ii) appeals to the prurient interest, (iii) lacks serious literary, artistic, political or scientific value, and (iv) is patently offensive to the prevailing standards in the adult community of what is appropriate for a minor child.”

The ordinance includes penalties for those who “knowingly” permit a child under the age of 18 to attend such a show or perform such a show where a minor child is in attendance. The penalties are defined as — for first offense, up to 30 days in jail and/or a fine of not more than $500; second offense, up to six months in jail and not more than a $1,000 fine.

Several attendees who spoke out against the proposed ordinance called for the commission to focus on other issues.

“Stay out of my house, stay out of my kitchen and stay out of my bedroom,” said Charles Town resident Diana Walsh. “Focus on what you were elected to do. Legislating morality is not what you were elected to do.”

David Grozinsky referred to the ordinance as a “bullying law” that is “an ill-conceived solution to a problem only in your imagination.”

Shepherdstown resident John Meeker read a letter on behalf of the group Shepherdstown Shares, an organization that provides goods and services for many in need in the Shepherdstown area.

“Shepherdstown Shares opposes this overt ordinance to shame, ostracize and judge freedom of expression,” Meeker read. “We ask the Jefferson County Commission to cease this ill-advised effort to solve a problem that doesn’t exist.”

Tyler Fleet, a high school teacher who also operates an entertainment company in Jefferson County, said the ordinance goes against freedom of speech. Fleet brought his three children to the meeting, one of whom also spoke to the commission, saying that drag shows are a “very special form of art.” The child indicated that viewing them should be the parent’s decision, not the county’s.

Charles Town Council member Elizabeth Ricketts spoke, as well, although she acknowledged she was speaking on her personal behalf.

“The proposed ordinance is not what Jefferson County wants or needs,” Ricketts said, adding that the passage would harm businesses, individuals and the arts. “With all we face in Jefferson County, why would we further burden our police and sheriffs?”

Other comments included references to the alleged homophobia and transphobia of the commission members, as well as the ordinance sending a message to members of the community that they are not welcome.

At the appointed agenda item discussion, Krouse read a public statement saying that the level of misinformation about the ordinance has been “staggering.” She called the ordinance “nothing more a commonsense way to protect children from obscenity in an increasingly sexualized world.”

She went on to say that the ordinance does not specifically target drag shows or the LGBTQ community, as members of the public referenced.

“A drag performance where a man puts on a dress and sings show tunes wouldn’t be at all effected by this ordinance, because that’s not obscene,” she saiid. “But if a man puts on women’s lingerie and simulates sex acts, you’re darn right that would be covered, because that’s obscene.”

Krouse went on to make the motion to enact the ordinance, which was seconded by Commissioner Clare Ath, who said she is opposed to shows that involve what is specifically defined as sexually explicit in nature, as they are inappropriate for minor viewing.

Commissioner Jane Tabb said she was appalled at the proposition of the ordinance.

“I don’t think it complies with West Virginia Code,” she said. “And the biggest alarm is that the history of the Nazi movement that chipped away at parents’ rights began with a first tiny step, and we must stop it.”

Commission President Steve Stolipher did not voice an opinion for or against the ordinance, but rather, expressed that he felt it should go before the public in a public hearing. Despite confirmation from legal counsel that a public hearing is not required, Stolipher called for transparency and indicated an evening meeting would allow more public input.

Despite his comments, the commission chose to vote and passed the ordinance with a 3-2 vote. Stolipher and Tabb voted against, while Krouse, Ath and Tricia Jackson voted in favor.