08/30/2026
I’ve been in a lot of conversations about this over the last few days, and I want to clarify something because I think two separate issues have gotten blended together.
My original post was meant to explain why I support WV Code §61-5-31 from the perspective of someone who has worked in EMS for 21 years.
I did say in that post that the proposed ordinance language comes from West Virginia Code, but I don’t think I clearly explained what that means or clearly separated why I support the state law from why I support the City ordinance.
West Virginia Code is state law. WV Code §61-5-31 already exists. It is already law, and it is already enforceable. Fairmont is not creating the 30-foot law.
I’m passionate about first responder safety, most of my original post focused on why I support the substance of that law and why I believe first responders need the ability to safely perform their duties without interference or threats. In the discussions that followed, I think that made it sound like Council was debating whether to create this law in Fairmont.
We are not.
Even if Fairmont City Council does not pass this ordinance, WV Code §61-5-31 still remains state law and can still be enforced under West Virginia law.
My reason for supporting the City ordinance is much simpler. It allows Fairmont to adopt that existing state law into our municipal code so violations occurring within the City can be processed through the City’s municipal system.
I support WV Code §61-5-31 and explained why in my original post.
I also support Fairmont adopting that existing law into City code so it can be handled locally.
The City is not creating a new law or a new rule that does not already exist. The law is already here. The ordinance is about how Fairmont can process it.
I wanted to clarify that because I think the two conversations got rolled into one, and I want people to understand exactly what council is considering.