It took four years and the almost complete changeover of the town council, but Holly Springs has finally approved Wake county’s nondiscrimination ordinance (NDO), which helps protect the LBGTQ+ community, among others. 

“The council’s vote is in part a recognition that you all, our residents and our businesses, have been far ahead of your elected officials to this point,” said newly-elected Democratic Mayor Mike Kondratick, moments before signing the resolution on Feb. 17. 

“Adopting Wake County’s NDO means that the letter of our law matches the power of your example,” he said. “I want to make it clear tonight that Holly Springs offers a home to everyone, without question and without exception.”

With Holly Springs onboard, most municipalities in Wake County have now agreed to protect people from discrimination based on sexual orientation or gender identity by employers and businesses. The NDO also protects from discrimination based on factors including natural hairstyle, race, ethnicity, marital or familial status, veteran status, religious belief, age, and disability and establishes a formal complaint process.

The NDO first came before the town council in 2022, when Republican Sean Mayefskie was mayor. As cities like Raleigh, Apex, and Cary all adopted the measure, Holly Springs’ more conservative council delayed taking action.

At a 2022 meeting during Pride Month, Mayefskie and council member Kristi Bennett took hardline stances against the NDO, and were joined by the majority of members, effectively preventing a vote. Then-council member Aaron Wolff’s lone voice of support wasn’t enough to keep the measure alive. 

This week, however, the balance of power was reversed. Five of the town council’s six members, including Kondratick, spoke in support of the NDO. The sole dissenting vote came from member Danielle Hewetson.

Hewetson, a Republican, was appointed to the town council in January 2023 to replace Bennett, who had moved out of Holly Springs. In November 2023, she was elected to a full term on the town council alongside progressive newcomers Annie Drees and Chris Deshazor. 

The political balance of the town council shifted further last November, when Kondratick, Sarah Larson, and Kara Foster were elected, replacing Mayefskie and former council members Dan Berry and Timothy Forrest.

Donna Friend, a longtime advocate for the NDO, said it was clear to her that the 2022 town council lacked the political will to move forward. It was amazing to see four years of hard work finally come to fruition, she said.

“I mean, this is about local elections mattering, democracy in action,” Friend told the INDY. 

At Tuesday’s council meeting, Hewetson objected to the NDO on the grounds of government overreach; she argued that the town didn’t have the authority to enact legislation relating to employment practices and therefore could not adopt the section of the NDO that protects against discrimination in hiring.

Hewetson cited an Orange County case, Williams v. Blue Cross Blue Shield of N.C., saying that it set a legal precedent making the passage of business practice legislation by counties or municipalities unconstitutional.

But town attorney John Schifano disagreed with Hewetson’s evaluation. He said that while the state constitution doesn’t allow for local regulation of business, the town’s agreement with Wake County limits liability for Holly Springs. 

“What you’re voting on tonight is Wake County’s ability to enforce their ordinance in your jurisdiction,” he said. “If you were gonna pass your own NDO, I would be pounding my fist on this table arguing against you doing so for employment practices.”

But in this case, he added, “I don’t know that there’s a tremendous amount of risk against the town of Holly Springs.” 

Despite Hewetson’s objection, it was clear the new town council was prepared to adopt the NDO. Foster pushed back against concerns that the measure would increase costs for small business owners, saying the NDO didn’t harm her own small business in Apex after it was approved there. 

Deshazor added the NDO would not cost the town council or local businesses anything, but would give people an important sense of safety. Drees was also eager to move forward, saying, “I think it’s time that protections that apply to folks in Wake County apply to people who live here in Holly Springs. It’s past time.”

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