West Virginia doesn't have Uber, a smartphone service that would match those who need rides up with drivers, because some state lawmakers weren't able to handle a discussion involving same-sex attraction on the House floor, according to a state senator who spoke at a transportation forum Monday evening.
The question that was on everyone's minds came about half an hour into the forum, hosted by Generation Charleston. Delegate Andrew Byrd, D-Kanawha, was asked why West Virginia doesn't have Uber yet, even though lawmakers tried to pass a bill that would allow it into the state last session.
"Putting me on the spot for the biggest question of the night," Byrd said. "My goodness. Where's all the cell phones? Are they out? Jiminy Christmas."
Byrd pointed to a March 8 committee meeting he attended as the beginning of the Uber bill's demise. During the meeting, Delegate Tom Fast, R-Fayette, attempted to amend the bill to remove language requiring Uber drivers not to discriminate against their clients. The bill had included language that protected people based on race, gender, sexual orientation, and some other characteristics.
"I will say that as being a first-time legislator, it hurt me to see the debate in the judiciary committee that day," Byrd said.
Fast argued that because sexual orientation is not protected in current state statute, it should not be included in the bill. The amendment died with a 21-2 vote, with only Fast and Delegate Mike Azinger, R-Wood, in support of removing the nondiscrimination language.
"It didn't go so well in that committee," Byrd said. "I do not know for a 100-percent certainty if that's the 100-percent reason why it did not reach the floor on the House side, but I would take a stab at it as being yes."
Sen. Chris Walters, R-Putnam, another panelist, was more blunt.
"It became something that the House did not want to have to debate on the floor and have votes happen on the floor, and that's why the bill died," Walters said. "That's why charter schools died - exact same reason. They didn't want to have the debate about discrimination in West Virginia on the floor of the House."
The charter schools bill died after a committee removed language that would have offered specific protections for LGBT students and teachers.
Jason Webb, who lobbied for the Uber bill, conceded that there was "much discussion about that" but said that other issues held up the bill as well, including the transfer of taxi cab regulation from the Public Service Commission to the Division of Motor Vehicles and insurance issues.
"Let me just say this," Webb said. "Uber has a nondiscriminatory policy whether you pass a law or not."
He confirmed to a reporter after the panel that he meant the legislation would not need to require nondiscrimination language for Uber to support it, because nondiscrimination language is included in Uber's company policy already.
Generation Charleston held the forum as part of its Urban Living Week at the Four Points by Sheraton in Charleston to discuss "current and evolving" public transportation options.
Uber, which currently operates in 339 cities, 61 countries and over 40 states, was the main topic of discussion. According to CNN, the company "may" be worth $50 billion.
Uber's safety record was not discussed during the panel, although numerous Uber drivers have been accused of attacking and sexually assaulting passengers in other states.
When asked about Uber's safety record, Webb directed a reporter to the portion of the bill requiring third party national background checks and checking the driver against the National Sex Offender Registry.
The Los Angeles Times reported that the company has refused to require fingerprint checks against the FBI's criminal database, which the paper said are "often considered the gold standard for security screenings because they can identify applicants using an alias or lying about their criminal record." Uber says that smudged fingerprints can cause inaccurate results, and the FBI's system sometimes flags applicants who were never convicted.
Jeb Corey, CEO of C&H Taxi, said that taxis are a "little bit safer" than Uber, noting his taxis have in-car cameras and technology that monitors driver behavior, such as slamming on the brakes, and that his company recently began requiring fingerprint checks.
"You're a multi-billion dollar company," he said of Uber. "Pay for the fingerprint checks."
However, Corey isn't against Uber coming to West Virginia and noted that the entire industry struggles with safety issues.
Last legislative session, Corey said he worked with lawmakers to come to a compromise bill that would have allowed taxi companies like his to use "dynamic price structures" like Uber's, meaning he could charge more at high-demand times, and would have allowed for some of his drivers to use personal cars, so that Corey could increase the size of his fleet while keeping down costs. He noted that riders more concerned about safety could still choose to stick with traditional taxis.
Corey was satisfied that the bill would have created more of an "equal playing field" for Uber and taxi companies.
Still, on March 13, the bill was postponed indefinitely.
Byrd said he didn't believe most West Virginians would have approved of the way the bill died.
"I know that people in West Virginia as a whole are not like that," he said. "I do not believe that they support striking a nondiscrimination clause out of a bill of such nature.
"I can honestly say I was disappointed as not only as a delegate but as a West Virginian to see other West Virginians beside me try to allow for such discrimination in West Virginia."
Reach Erin Beck at erin.beck@wvgazette.com, 304-348-5163, Facebook.com/erinbeckwv, or follow @erinbeckwv on Twitter.