Birmingham City Council faces outrage over controversial data center vote: ‘No one was paid for this’

The Birmingham City Council is facing a wave of public backlash following a narrow 6-3 vote this week to establish new regulations for data centers. The decision came after a nearly five-hour meeting, during which residents and advocates held a persistent presence both inside and outside the council chambers to voice their concerns.

Defining the New Rules

The newly approved ordinance outlines 20 specific conditions regarding power consumption, water usage, and physical size for hyperscale data centers—projects that often draw the most scrutiny due to their resource-heavy nature. Additionally, the legislation categorizes three other types of data centers, applying varying regulations based on size and electricity requirements.

The measure was supported by Council members Brian Gunn, Crystal Smitherman, Josh Vasa, Hunter Williams, Clinton Woods, and LaTonya Tate. Those voting against the ordinance included Council President Wardine Alexander, alongside Council members Darrell O’Quinn and Sonja Smith.

Addressing the Controversy

Following the vote, Council Member Crystal Smitherman took to Facebook to address accusations from the public, specifically rejecting claims that the council was influenced by outside interests. “No one was paid for this,” she stated. “If you can provide it with receipts it’ll be news to me.” She acknowledged the frustration surrounding the vote but emphasized that the ordinance remains a living document that can be amended in the future.

Council Member Josh Vasa, writing in an op-ed published by 205focus.com, defended the move as a necessary measure to close regulatory gaps. “Simply put, some regulation was better than no regulation,” Vasa noted, explaining that the council prioritized passing the framework to prevent developers from bypassing oversight during a potential delay.

Impact on Future Development

While the city is currently under a six-month moratorium, the new zoning policies will take effect as soon as that hold is lifted. The current vote does not affect existing projects, including the multibillion-dollar AI factory in the Oxmoor Valley, which remains exempt from these new standards unless developer Nebius moves to expand its current plans.

The Oxmoor Valley project has become a lightning rod for local frustration, even leading to a lawsuit against the city and Nebius. City officials have consistently maintained that they have limited power to interfere with that specific development's permitting process.

Council President Wardine Alexander, who shared her stance on social media, noted that she only became aware of the full scale of such projects after they were already underway. “Under Birmingham’s current process, businesses do not initially come before the City Council for approval,” Alexander explained. “I support economic development, innovation, and job creation. But I also believe projects of this magnitude require transparency, community engagement, and strong oversight.”

For more details on the ordinance, you can read the initial report regarding the passing of the data center regulations.