KEYSER, W.Va. — The Mineral County Commission is considering the possibility of placing an obscenity ordinance on its books.
The topic was discussed at last week’s meeting of the commission in Keyser.
Commissioner Charles “Dutch” Staggs said other counties in West Virginia are moving forward with the idea.
“Jefferson County is basically (where) the ordinance come down,” Staggs said. “It prevents from having an open public obscene (activity) where under 18-year-olds can see it or go to it.
“The laws of West Virginia are pretty clear on what an obscene (activity) or obscenity is.
“They (Jefferson County) took the ordinance and sent it to the state attorney general. They approved it and said everything looked good and sent it to a lawyer. Everything looked good and they put it through for Jefferson County.”
Other counties have added or are considering adding obscenity ordinances, according to Staggs. He said the topic should be further investigated as a possible ordinance for Mineral County.
“When I first read it, and it was first put out, I’ll be honest, I thought, we don’t have an issue around here,” Staggs said. “But (other statewide officials) said, ‘You will.’”
The Mineral County officials said it could pertain to any kind of public show, display or entertainment.
Commissioner Roger Leatherman asked how such a law would be enforced. Staggs said it would likely be enforced by the sheriff’s office.
County Administrator Luke McKenzie said ordinances controlling exotic dance clubs are already on the books. “It’s really focused more with: they have issues with protests and parades and those types of things were acts that can be defined as obscene could take place.”
A citizen responded, “Like a gay pride parade or something like that? Like a drag queen at the library reading to children? I consider that obscene.”
McKenzie said such activities could be considered in the ordinance.
“If you have a 10-year-old with their parents and the parents said it’s OK? What if it’s on the street?,” asked another resident.
“That’s what it’s about,” McKenzie said.
Commissioner Jerry Whisner said the person committing the obscene act would be the one charged.
“A couple years ago I was at a Christmas parade and here comes a float with a drag queen on it. At a Christmas parade,” Whisner said.
“Where did you draw the line?” asked Leatherman.
“You have to define obscenity. Everything has a nuance to it,” said a citizen in attendance.
“As far as I’m concerned a lot of our TV programs are obscene,” Leatherman said.
“I can turn the TV off but if I bring my granddaughter down here to watch the Christmas parade I can’t stop it,” said another citizen.
Whisner said the matter warrants further study and asked that they follow up on the topic at the next commission meeting on Sept. 12 at 9:30 a.m.