Associated Press, Author at West Virginia Public Broadcasting

Judge Extends Order Halting W.Va. Needle Exchange Law

A federal judge Thursday extended a temporary restraining order on West Virginia’s new law that tightens requirements on needle exchange programs.

U.S. District Judge Chuck Chambers said he will mull the argument by plaintiffs that the law, which was due to take effect Friday, is unconstitutional, The Herald-Dispatch reported.

Republican Gov. Jim Justice signed the bill in April over the objections of critics who said it will restrict access to clean needles amid a spike in HIV cases. The American Civil Liberties Union’s West Virginia chapter filed the federal lawsuit last month and Chambers issued the restraining order June 28.

The law would require licenses for syringe collection and distribution programs. Operators would have to offer an array of health outreach services, including overdose prevention education and substance abuse treatment program referrals. Participants also must show an identification card to obtain a syringe.

Programs also would be required to receive majority support from local county commissions and municipal councils.

Advocates view the regulations as onerous.

Supporters said the legislation would help those addicted to opioids get connected to health care services fighting substance abuse. Some Republicans lawmakers had said the changes were necessary because some needle exchange programs were “operating so irresponsibly” that they were causing syringe litter.

The ACLU chapter said the law would likely lead to more HIV cases and the spread of other bloodborne illnesses.

It would take effect amid one of the nation’s highest spikes in HIV cases related to intravenous drug use. The surge, clustered mainly around the capital of Charleston and the city of Huntington, was attributed at least in part to the cancellation in 2018 of Charleston’s needle exchange program.

The surge has led to an investigation by the federal Centers for Disease Control and Prevention that last month found emergency departments and inpatient medical personnel rarely conducted HIV testing on intravenous drug users in Kanawha County.

Previously, city leaders and first responders complained that the program in Kanawha County led to an increase in needles being left in public places and abandoned buildings, and it was shut down.

The CDC describes syringe programs as “safe, effective, and cost-saving.”

Public Hearings Set On West Virginia Redistricting Process

Public hearings have been set on West Virginia’s redistricting process.

The Legislature’s joint redistricting committee will hold 12 in-person hearings and three virtual hearings.

The first hearing is July 27 at the Putnam County Judicial Building in Winfield. Other hearings are set for July 29 at Chief Logan State Park in Logan, Aug. 3 at Tamarack in Beckley, Aug. 4 at the Summersville Arena and Conference Center and Aug. 10 at Stonewall Resort in Roanoke.

Lawmakers will decide on legislative district boundaries as well as how to split the state into two congressional districts, down from the current three. West Virginia’s long population slide cost the state its third congressional seat, according to U.S. Census Bureau data released in April.

A special session is expected to convene later in the year on the redistricting process.

Judge Asked To Dismiss Lawsuit Over W.Va. Transgender Ban

Education officials are asking a federal judge to dismiss a lawsuit challenging West Virginia’s new law that bans transgender athletes from competing in female sports in middle schools, high schools and colleges.

Education and athletic officials said in court documents filed last week that they can’t be held liable for the law, which they didn’t request and largely won’t be responsible for enforcing, the Charleston Gazette-Mail reported.

The American Civil Liberties Union and its West Virginia chapter filed the lawsuit in May on behalf of an 11-year-old transgender girl who had hoped to compete in cross country in middle school in Harrison County. The girl is seeking an injunction to prevent the law from being enforced.

The ban is set to take effect Thursday and will require the state Board of Education to establish rules to determine the means by which local athletic officials can enforce the law.

Attorneys for the West Virginia Board of Education and the West Virginia Secondary School Activities Commission argued that they can’t be held responsible for the law because they aren’t responsible for enforcing it.

Attorneys for Harrison County Schools said the district “was not responsible for and did not pass” the transgender athlete ban and has not caused harm to the girl.

“(The law) was not created by the County Board, and it is not under the County Board’s control,” the response said.

The U.S. Justice Department intervened in the case last month, saying the ban was a violation of federal law.

Youngest-Ever W.Va. Lawmaker Back In State Government

A former West Virginia delegate who became the youngest person elected to the Legislature in state history at age 18 is back in government.

State Treasurer Riley Moore announced Tuesday the appointment of Saira Blair as deputy treasurer for the office’s local government division. Moore and Blair served in the House of Delegates together.

Blair will oversee a staff of specialists who work on local government and constituent issues.

“When Saira was a delegate, she did a tremendous job representing the people of her district and working with them to help resolve issues with state government,” Moore said. “I know she will bring those same skills to bear in this new role.”

Blair was a senior at Hedgesville High School when she defeated incumbent Larry Kump in the May 2014 Republican primary at age 17. She received 63% of the vote in winning the November 2014 general election over a Democratic opponent.

Blair decided in 2018 not to seek a third term, opting instead to finish her college education.

Ex-Marshall Great Pennington Appointed To University Board

Former Marshall quarterback Chad Pennington has been appointed to the university’s Board of Governors.

Gov. Jim Justice made the appointment last week, board Chairman Patrick Farrell announced. It must be confirmed by the West Virginia Senate.

Pennington played at Marshall from 1995 to 1999 and was a Heisman Trophy finalist in his senior season. He led the Thundering Herd to a berth in the 1995 Division I-AA championship game, then won three straight Mid-American Conference titles, including a 13-0 record in 1999.

Pennington played 11 seasons in the NFL with the New York Jets and Miami Dolphins. He most recently revived the football program at Sayre High School in Lexington, Kentucky, where his son, Cole, is the quarterback. Cole Pennington recently committed to play football at Marshall.

Festival Celebrating West Virginia's Rocket Boys Goes Online

A festival that celebrates West Virginia’s Rocket Boys will be held online this year due to the coronavirus pandemic.

The Rocket Boys Festival will be livestreamed Tuesday through Thursday. According to the festival’s Facebook page, author and former NASA engineer Homer Hickam is scheduled to attend.

Festival director Scott Hill said the virtual event will give fans worldwide a chance to learn more about Hickam and his story.

The festival celebrates the three years from 1957 to 1960 when Hickam and his friends launched rockets while in high school. They eventually won a national science fair.

Hickam’s novel, “Rocket Boys,” is about those experiences and growing up in the McDowell County community of Coalwood. The book was adapted into the 1999 movie “October Sky.”

The festival originated in Coalwood in 1999, then moved to Beckley in 2012.