‘Would they treat a straight man this way? Would a straight man accept them doing this to him?’: James Gray alleges discrimination by Colon Township vs. Farrand Hall

James Gray, co-founder of Farrand Hall, alleges homophobia is “100%” a factor in Colon Township’s ongoing conflict with the private event property.

Gray, a former write-in township trustee candidate, previously said he would “never, ever want to say” homophobia was a factor. A permitting situation that has gone on for the last nine months has changed the 51-year-old’s mind.

“People think that they can intimidate people,” Gray said Tuesday. “People who have power in some way, shape, or form think that they can intimidate other people and take advantage of other people, especially people who are part of marginalized communities.”

Farrand Hall is on land zoned for agriculture rather than commercial use. This means that Gray and his life and business partner Jacob Hagan were issued a special land use permit (SLUP) for the property. Over the past nine months, Gray said, the township has threatened to revoke the permit.

“They set up our permit so that we are in violation of it just by doing the business that we do,” Gray alleges. “It was a tactic. They knew what they were doing. If I sell something out to the public, I’m in violation of my permit. That’s something I’ve been doing for six years as part of my business.”

Gray and Hagan have done everything that has been asked of them, Gray said.

“The main issue here was the parking issue on the easement, which they approved. (They) are now coming back to put language in our permit to say we can’t do that. We had to sign that permit, but at the end of the day, we’re going to have to go before a judge and ask, ‘Help us understand why two-and-a-half years ago, they approved this.’”

Watershed Voice contacted Lance Thornton, Colon Township’s lawyer, who declined comment Wednesday. Gray provided Watershed Voice with a five-item document of statements made by Thornton on October 22, 2024. Thornton’s fourth statement is as follows:

“Regarding the issue about parking along or near Timber Run Trail, again, the issue is not as clear as James presents it. The site plan that was submitted for the black building and that was approved by the Planning Commission does show parking near Timber Run Trail, but it does not show that the parking would be within the easement for limber (sic) Run Trail. The Township’s Planning Commission members are not attorneys and while they have training in zoning matters, they do not receive broad training in real property law, including laws governing easements. The facts are that the site plan submitted and approved only showed Timber Run Trail as a private road. There is no way of knowing in looking at the site plan whether it was showing parking within the easement or outside the easement. To my knowledge, no one raised the issue when the site plan was being considered as to whether that parking was within the easement or outside the easement, and that includes James and Jacob.”

In an earlier statement, Thornton also said:

“James Gray is telling a half-truth when he says that the Township attorney admitted that the Township made mistakes. What I have said is that both sides made mistakes.”

Gray disagrees with Thornton’s language.

“You read these things, and it’s like, ‘The planning commission is not trained to make these decisions.’ And my point is, well, how is that my problem?” Gray said.

Gray claims it’s a matter of the township being mad about getting called out for a mistake. He referenced Thornton’s “both sides made mistakes” statement.

“The one thing he won’t do is say what the mistake is that they made,” Gray said. “Today, I’m out on social media to say, name the mistake. Name it. Say it out loud. What was the mistake? That’s going to tell people what’s really happening here.”

For Gray, the mistake is that Colon Township approved plans that it shouldn’t have.

“But that’s not our fault. Explain to me why you forced us into a permit with all kinds of new conditions that are restricting our business. After we agreed to put the parking lot in, at our expense, to the tune of $90,000-$100,000. And you are over here taking pictures every time there’s a car,” Gray said.

Gray also takes issue with Colon Township saying it is not trying to cause problems for Farrand Hall when he says they are “literally causing problems for us.”

“Explain to me why this is happening the way that it is,” he said. “Explain to me why suddenly so many restrictions are being put on our business if it’s not with intent to hurt us and to hurt our business. I believe that there’s intent, and I believe the people who are in power are behind the scenes, you know, planning this with intent to hurt us.”

Gray now alleges that homophobia is a factor in what’s going on. “The entire community” believes this, he said.

“Is this homophobia? Is this an attack on us because they think they can get away with treating us this way? Would they treat a straight man the same way? Would a straight man in this community accept them doing this to him? I find it really hard to believe,” Gray said.

It’s been suggested Gray and Hagan file a discrimination suit with the U.S. Equal Employment Opportunity Commission (EEOC). Gray said it’s “wild” to even have to consider doing so in 2024. But he is also considering the long-range legal picture.

“At the end of the day, if a judge rules in our favor, that we’re being singled out and treated unfairly, then we win our case, that’s fine. We’re still doing what we said we’re going to do. The question becomes, are we in a position to sue all of those people for the cost of the parking lot, the cost of our legal fees, any loss of business associated with this, and damages to the business’ reputation?” Gray said.

Gray said Tuesday he’s not interested in the time and effort of a prolonged legal battle. He’s focused on the immediate situation.

“They’re dragging us through the mud, and we’re going to stand up for ourselves,” he said. “That’s what we’re going to do. The entire community sees what it is.”

Gray and Hagan are doing their best to stay positive, even amid the threat of losing their business considering the amount of money that’s been invested so far, Gray said.

“For nine months, we have been living with this situation. Nobody should ever have to be put through this by their community, by the people who run their community. Nobody should ever have to go through something like this. We’re continuing to do the best that we can. We’re continuing to do what we do.”

Frank Stanko is a staff writer for Watershed Voice.