ACLU of West Virginia Story Archives - Page 5 of 5 - West Virginia Public Broadcasting

Defending Civil Liberties in the Age of Trump

Since Donald Trump’s election, membership in the ACLU of West Virginia has gone up 30 percent, according to executive director Joseph Cohen.

On The Front Porch podcast, Cohen discussed how his organization is preparing for President Trump in three areas:

1. Immigration. Cohen says the ACLU would oppose any large-scale, mass deportation.

“I just don’t see any way it would be possible to do that without engaging in unlawful profiling, violations of equal protection, violations of due process,” he said.

2. Muslims. Trump’s campaign promise of “a total and complete shutdown of Muslims entering the United States” seems to have morphed into a promise to limit immigration from certain countries, Cohen said.

Even an effort to prevent foreign nationals from predominantly Muslim countries may be unconstitutional, he said.

“To the extent these countries are predominantly Muslim, I think courts would really look at this and say, national origin is just a pretext. That the real reason … they’re trying to ban people is based on religion,” he said.

3. Freedom of the press and freedom of speech. “The ACLU holds this very special place in our society, in that we protect people’s freedom of speech and freedom of dissent,” Cohen said.

He also discusses the ACLU’s plans at the state level, including an effort to prevent juveniles from going to custody, and introducing restorative justice to hate crime victims and offenders.

Subscribe to “The Front Porch” podcast on iTunes or however you listen to podcasts.

An edited version of “The Front Porch” airs Fridays at 4:50 p.m. on West Virginia Public Broadcasting’s radio network, and the full version is available above.

Share your opinions with us about these issues, and let us know what you’d like us to discuss in the future. Send a tweet to @radiofinn or @wvpublicnews, or e-mail Scott at sfinn @ wvpublic.org

The Front Porch is underwritten by The Charleston Gazette Mail, providing both sides of the story on its two editorial pages. Check it out: http://www.wvgazettemail.com/

Law Enforcement, Community Organizers Meet to Discuss Juvenile Justice Reform

Juvenile justice reform brought law enforcement and community organizers together last week in Charleston. The discussion focused on a diversion program for juvenile offenders in Florida that could be an example for communities in West Virginia.

The American Civil Liberties Union of West Virginia hosted the talk. Dewey Caruthers spoke about a program he facilitated in Florida that issues civil citations — instead of arrests.

“The mission is to use juvenile civil citations to increase public safety, improve youth outcomes and save taxpayer money.”

Dewey Caruthers spoke about a program he facilitated in Florida that issues civil citations — instead of arrests.

Caruthers says the civil citation programs can reduce the number of children who go on to commit another crime. They see if people need treatment for addiction or other mental-health issues, and help them build life skills, and undergo community service, instead of just being locked away.

Stephanie Bond is director of the West Virginia Division of Juvenile Services, and she attended the discussion. She said it’s important that more people who commit crimes actually develop a trust for the justice system — and not feel betrayed.

“If they feel that they were treated fairly by the police, the court system, you’ll see rates go down. If they feel that they were being mistreated or treated unfairly, there’s a greater chance for them to re-offend,” said Bond.

The National Institute of Corrections released a study in 2008 that supports that theory- that the perception offenders have of how they were treated by the justice system can affect recidivism rates.

Bond said she thinks the idea of civil citation programs is an interesting concept, and she thinks West Virginians could benefit from any program that helps reduce the number of children who are pulled away from their homes.

ACLU to Sue on Behalf of Inmates During Water Crisis

The American Civil Liberties Union says it plans to sue the state on behalf of jail inmates over water rations during a 2014 chemical spill that contaminated the drinking water of more than 300,000 people.

The Charleston Gazette-Mail reports the ACLU’s state chapter issued the notice Tuesday alleging South Central Regional Jail inmates were given inadequate amounts of drinking and bathing water from Jan. 9 to 14, 2014.

ACLU attorney Jamie Lynn Crofts says inmates were given as little as two bottles of water to drink per day. The notice says inmates were retaliated against when they requested more water and medical attention.

State Department of Military Affairs and Public Safety spokesman Lawrence Messina says officers worked overtime to distribute bottled water until regular water use was restored.

Advocacy Groups React to Federal Ruling on LGBT Employment Protections

West Virginia advocacy groups are reacting to a new federal ruling that further protects the LGBT community. A Thursday ruling by the federal Equal Employment Opportunity Commission has deemed discrimination against workers based on sexual orientation illegal.

Under current law, West Virginia does not protect LGBT persons from being fired or discriminated against at work, but the new ruling by the EEOC extends those protections to citizens across the country.

In regards to Thursday’s decision, a similar ruling was handed down in 2012, when the EEOC determined that transgender workers were protected from discrimination.

Jennifer Meinig, executive director of the American Civil Liberties Union of West Virginia, called the ruling groundbreaking but said protections are also needed on the state level. According to Buzzfeed, the commission ruled that gender identity-based discrimination is barred by the sex discrimination ban.

“This is a significant development because protections for gay and transgender people are almost nonexistent in federal law and in 28 states, including West Virginia,” Meinig said.

“Shockingly, there are no explicit protections civil rights protections for LGBT folks on the books in terms of employment.”

Meinig says the ACLU of West Virginia, along with LGBT advocacy group Fairness West Virginia plan to lobby for state legislation that ensures employment, housing and other public accommodation protections for the LGBT community.

Fairness West Virginia executive director Andrew Schneider echoed Meinig’s belief that there is still work to be done on the state level.

“You’re going to see us trying to add sexual orientation and gender identity to the state’s human rights code. Simply not having it in there is, in a way, giving a green light to those who are prejudice, those who are biased and those who are homophobic to act out those prejudices in actions that should be unlawful,” Schneider said.

“That’s unlawful now under the EEOC ruling, but it should be unlawful under state code,” he added.

Schneider pointed to a 2013 poll by Public Policy Polling that showed 68 percent of West Virginians said discrimination in employment and housing based on sexual orientation or gender identity should not be allowed.

A bill known as EHNDA–the Employment and Housing Non-Discrimination Act–has been introduced in West Virginia in multiple legislative sessions over the past few years. That legislation has sought to provide employment and housing protections for the LGBT community. However, various versions of the bill have failed repeatedly.

Calls seeking comment from the Family Policy Council of West Virginia, a conservative policy group that has argued against LGBT protections in housing and employment, were not immediately returned.

Parkersburg's Panhandlers Say Signs Calling Them Addicts Are Insulting and Defamatory

A month ago the city of Parkersburg posted signs around town asking the public not to give to panhandlers. But some people still do. And some panhandlers say the signs aren’t just ineffective. They’re insulting. Even defamatory.

On Sundays, you’re likely to find Charles Kelly perched on a stool at the intersection in front of the Wal-Mart in South Parkersburg. He’s wearing headphones and theres a sign pinned to a backpack in front of him that reads ‘Disabled Veteran. Please Help. God Bless You.’

“The main reason I actually started panhandling two years ago was, basically, this right here. You see what that says there? Disconnect notice,” said Kelley, referring to a letter he received from the electric company.

He served in Japan during the Vietnam War. He receives benefits but, still, he says it’s not enough.

“I get $1,055 dollars a month,” he said. “Out of that comes rent, electric, food. I get $16 in food stamps. How’s a person to live on $16 worth of food? That’s impossible!”

Kelly said he can’t work because he injured his hip while he was in the service.

Within 20 feet of him is another sign on a metal pole sticking out of the ground right in that same median where he sits.

Until recently, the city prohibited panhandling in some areas, and Kelly got a ticket for $137. The ACLU took up his case and, in August, Kelly took a drug test at Marietta Memorial Hospital to prove he wasn’t abusing drugs or alcohol.

As a result of the ACLU’s case on behalf of Kelly, the United States District Court in the Southern District of West Virginia issued a preliminary injunction, which stopped the city from giving out the tickets to panhandlers.

“The city had an ordinance which required individuals to get a permit. The city only gave those permits to organizations and not individuals who were panhandling on behalf of themselves, even if they sought one,” said Jennifer Meinig, executive director of the ACLU of West Virginia.

In early October, the city posted signs asking the public not to give to panhandlers and then, about a week later, the city council repealed the panhandling ordinance.

Just two weeks later, the city passed a different ordinance, one outlawing what they deem “aggressive” solicitations. Mayor Robert Newell says it’s a matter of public safety.

“These people up here are so stupid that when the light is green, they will stop and dig through their purse–backing up traffic at the Memorial Bridge to give them a buck,” said Newell. “To give some guy who’s wacked out, half laying in the grass a dollar. We thought, ‘well maybe we can educate the public with these signs.’ People really do believe they’re helping and they’re not.”

Mayor Newell says there’s better ways of helping the poor. He also says the problem panhandlers are not homeless people.

“Some of them even drive to the location. They’re not homeless at all,” he said.” You can follow them to their houses and we know where they live. They are doing this purely for alcohol and drugs and everything else. But certainly alcohol.”

But the ACLU says not all panhandlers are addicts — and it’s defamatory to claim they are. Charles Kelly says it’s certainly not true in his case – and he says he’s not an aggressive panhandler.

While Kelly panhandles, he sits calmly perched on a fold-out stool. He doesn’t approach anyone or knock on windows of cars. Cars stop at the stoplight and many people glare over at him. But a few passersby hand Kelly some sort of groceries–like a bag of pepperoni rolls from the Wal-Mart deli. James Workman of nearby Rockport rolled down his window and hands Kelly a few dollar bills.

Kelly believes he has a right to do what he’s doing.

“It’s just like, look here. Burger King sign up there,” he said, pointing to signs in the shopping plaza adjacent to where he was sitting. “That’s basically advertising, just like my sign. Wal-Mart, Bob Evans, Lowes—all advertising. I’m advertising. I’m advertising my situation, they’re advertising their businesses. Basically, that’s all it is.”

Kelly said the sign he’s sitting under hasn’t reduced the amount of money he gets from passersby. The ACLU hasn’t made a decision yet about whether to challenge the signs in court.