Government Story Archives - Page 220 of 1258 - West Virginia Public Broadcasting

Judge Grants Injunction, W.Va. Abortions Effectively Allowed Again

A Kanawha County judge granted an injunction Monday denying enforcement of a 19th century law banning abortions. Following the ruling, the Woman’s Health Center of West Virginia announced publicly it will return to provide reproductive health care that includes abortions.

After a hearing of an hour and 20 minutes, Kanawha County Circuit Court Judge Tara Salango ruled that the varied laws on the West Virginia state books regarding abortion were conflicting and confusing. In light of that, she granted a temporary injunction against the original law, effectively allowing abortions again in the state.

“The plaintiffs and their patients, especially those who are impregnated as a result of a rape or incest, are already suffering irreparable harm in the absence of an injunction,” Salango said. “Defendants will suffer no injury from this injunction that is not suffered from the prior half century of non-enforcement of this crime. It is inequitable to allow the state of West Virginia to maintain conflicting laws on its books.”

Attorneys representing the Women’s Health Center of West Virginia, the only abortion clinic in the state, argued that a 19th Century law making all abortions a felony was not valid due to newer more permissive abortion rulings.

The defendants’ attorneys were represented by Attorney General Patrick Morrisey and Kanawha County Prosecutor Chuck Miller.

Morrisey had argued that the 19th Century law was never repealed by the West Virginia Legislature, so it remains valid.

The criminal law, dating back to West Virginia’s earliest days, calls for 3 to 10 years in prison for being found guilty of administering an abortion, and if the mother should die, it would be murder.

Salango asked the defendants if someone today shot and killed a pregnant woman and her fetus, would that not be murder, punishable by life in prison? She asked how that would compare to the old criminal law of abortion murder punishable by 3 to 10 years imprisonment. The attorney answered that every case is judged on its individual merits.

Salango said state code is replete with examples of undeniable conflicts in abortion laws.

“In this instance, we have conflicting statutes, one of which was drafted in 1849, and several of which have been drafted more recently, including one that went into effect last month,” Salango said

She said both the legislative and executive branches have acknowledged the conflicts present in the law and the need for legislative revision.

“It simply does not matter whether you are pro-choice or pro-life,” Salango said. “Every citizen in this state has a right to clearly know the laws under which they are expected to live.”

Following the ruling, Attorney General Patrick Morrisey issued a statement saying the statutes do not conflict and he will appeal the decision.

“This is a dark day for West Virginia,” Morrisey said. “We will appeal this decision to the Supreme Court of Appeals as soon as legally possible. As a strong pro-life advocate, I am committed to protecting unborn babies to the fullest extent possible under the law, and I will not rest until this injunction is lifted. The current law on the books calls for the protection of life.”

Last month, after the U.S. Supreme Court overturned Roe v. Wade, the Women’s Health Center of West Virginia, the state’s only abortion provider, immediately stopped providing the care. Gov. Jim Justice indicated he would call the state legislature back into session to address any issues with the 1849 law, but so far has not done so.

More Money For Broadband Expansion Announced

Gov. Jim Justice announced a third round of grants for broadband expansion Monday, the largest investment yet in his Billion-Dollar Broadband Strategy.

More than $20 million will go to broadband projects across the state and will result in more than 600 miles of new fiber infrastructure through several projects.

The state’s investment in this round makes an additional $13 million available from other funding sources, for a total broadband infrastructure investment of more than $34 million.

This is the first round of grants awarded through the Major Broadband Project Strategies (MBPS) program.

Grants were previously announced in January and March totaling more than $17 million and almost $4 million, respectively.

According to the governor’s office, in total, more than $60 million has been committed to 16 major broadband infrastructure projects across West Virginia.

Additional approvals will be announced soon.

New ARC Grants Could Mean $40 Million For State

If approved by the Appalachian Regional Commission, 14 grant projects could bring more than $40 million into West Virginia.

Gov. Jim Justice recommended the projects to the ARC through the state development office. The recommendations alone total more than $18 million. The additional money comes from matching funds that accompany the grants.

The Appalachian Regional Commission (ARC) is an economic development partnership agency of the federal government and 13 state governments across the Appalachian region. ARC’s mission is to innovate, partner, and invest to build community capacity and strengthen economic growth in Appalachia.

West Virginia’s ARC grant program, which is managed by the State Development Office, provides financial and technical assistance for economic development and infrastructure projects through a partnership of federal, state, and local participants.

The ARC grants, totaling $18,134,694, will leverage an additional $22,230,299 from other funding sources, bringing the total amount of funding supporting these projects to $40,364,993.

Grants are awarded in two categories: Area Development, where funding can be spent in any county, and Distressed Counties, where funding can only be spent in areas officially designed as “distressed” by ARC – census tracts in at-risk and transitional counties that have a median family income no greater than 67 percent of the U.S. average and a poverty rate 150 percent of the U.S. average or greater.

The governor’s recommendations will now be sent to ARC for final approval.

Recommended projects listed below:

STATEWIDE

Partner Community Capital

$2,700,000

West Virginia Recreational Economies Initiative

Project will provide technical assistance services to tourism and recreation-based businesses across the state. Assistance will include business consulting, raising capital, financial packaging and management, real estate consulting, legal issues, and branding, design, and marketing strategies. Project partners include WV Department of Tourism, Woodlands Community Lenders, and the Hatfield-McCoy Trails Regional Recreation Authority. The project will create an estimated 585 jobs and leverage over $18 million in private investment into the state’s tourism and recreation-based economy.

West Virginia Department of Economic Development

$250,000

Competitive Improvement Program

The project will provide training and consultation services to small and medium-sized firms in West Virginia to increase their competitiveness. The project will address a unique need for which no other funding sources are available. The results of these services will be a greater number of companies that are increasing the range of their market and market share, and a commensurate increase in the number of jobs retained or created.

West Virginia Department of Economic Development

$220,000

Consolidated Technical Assistance

The West Virginia Development Office, with ARC funding assistance, will continue the Consolidated Technical Assistance program. The grant allows the West Virginia Development Office to employ staff for providing technical assistance to ARC applicants and grantees, monitoring and administering ongoing projects, drafting and implementing the West Virginia Development Plan, and operating the West Virginia Main Street and ON TRAC programs.

West Virginia Rural Water Association

$211,692

Infrastructure Circuit Rider Project

The project will provide funding for a drinking water and wastewater circuit rider to provide technical assistance to water and wastewater systems throughout the state. The circuit rider will provide assistance and consultation to local utilities in areas such as leak detection work, preventing inflow and infiltration, utility finance and management, water and wastewater system operations, and loan servicing. The project will enable local utilities to address critical issues without having to hire additional staff and promote more efficient operation and management of existing systems.

MULTI-COUNTY

Region 7 Planning and Development Council

$100,000

Corridor H Site Analysis Plan

Region 7 Planning and Development Council, in collaboration with the Corridor H Authority, will conduct a site analysis study to identify developable sites for industrial and commercial development along Corridor H. The study will evaluate identified sites based upon factors such as access, topography, infrastructure, environmental constraints, and surrounding land uses. Additional activities include completion of environmental assessments, site plans, and construction estimates at prioritized sites. The project area includes Barbour, Grant, Hardy, Lewis, Randolph, Tucker, and Upshur counties.

FAYETTE COUNTY

City of Oak Hill

$1,250,000

Oak Hill Collection System Rehabilitation Project

The project will rehabilitate portions of the collection system and pump stations for the City of Oak Hill’s wastewater system. The system has excess levels of inflow and infiltration and requires high levels of operation and maintenance expenses. The project will benefit approximately 4,048 customers and is in an ARC-designated at-risk county.

DISTRESSED COUNTIES

The EdVenture Group

$53,055

Simulated Workplace Leadership Series Project

The Simulated Workplace Leadership Series (SWLS) is a leadership development program designed to serve career and technical education (CTE) students within the West Virginia Department of Education (WVDE)’s Simulated Workplace (SW) initiative. The project includes professional development for CTE instructors and training for CTE students in leadership skills and project management. Leadership and management skills will bolster the technical education students receive in CTE and better prepare them for post-secondary employment. The project will benefit approximately 270 CTE students in the ARC-designated distressed counties of Calhoun, Gilmer, Mingo, Nicholas, Roane, and Wyoming.

Marshall University Research Corporation

$569,617

Building Removal and Renovation Initiative

The project will address abandoned, unused, and dilapidated buildings and properties in the 17 ARC-designated distressed counties in the state. Project activities will include identifying dilapidated properties in each county, evaluating the properties according to environmental conditions, remediation costs, and redevelopment potential, and ranking structures based upon the evaluation results. The project will create 17 county level assessments and provide a roadmap for demolition or revitalization activities in each county.

CALHOUN COUNTY

Minnie Hamilton Health Care Center

$2,500,000

Minnie Hamilton Sewer/Water Line Replacement

The project will replace the water and sewer lines at the Minnie Hamilton Health Care Center in Grantsville. The current water and sewer lines at the facility are deteriorating and beyond their useful life. The facility has suffered repeated failures due to obsolete water and sewer lines, resulting in closure of parts of the facility, hampering critical care services to the local public. Minnie Hamilton is the only critical access hospital and community health center serving Calhoun and Gilmer counties.

CALHOUN COUNTY

Pleasant Hill PSD

$2,500,000

Norman Ridge/Bull River Water Extension

The project will provide new water service to approximately 77 customers in the areas of Norman Ridge, Big Root Run Road, and Bull River Road in Calhoun County. Customers currently rely upon private wells or cisterns that provide poor quality or insufficient quantity of water. The project is in an ARC-designated distressed county. The USDA grant funds are fully committed to the project.

CLAY COUNTY

Clay County Commission

$2,964,995

Big Otter/Nebo/Walker Road Waterline Extension

The project will provide potable water to over 80 residences, businesses and churches along Route 16 the northern part of Clay County, including Big Otter, Nebo, and Walker Road. This project will provide increased fire service pressure to the Big Otter Elementary School, who currently provides their own fire suppression tank. The extension will also serve Walker Creek Farms, a resort with cabins, restaurant, and other amenities. Project complements tourism development from the Elk River Trail and is in an ARC-designated distressed county.

MCDOWELL COUNTY

Reconnecting McDowell

$65,335

Renaissance Village Equipment Installation Project

The project will provide funding to purchase and install kitchen equipment for a restaurant to be located on the first floor of Renaissance Village, a multi-use facility located in downtown Welch. The project will aid in revitalizing Welch and facilitate tourism development from the nearby Hatfield-McCoy Trail. Matching funds are being provided by the ARC Federal Co-Chair. The project is in an ARC-designated distressed county.

NICHOLAS COUNTY

City of Richwood

$2,750,000

Sanitary Sewer System Improvements Project

The project will replace existing sanitary infrastructure and wastewater treatment equipment in the City of Richwood, reducing inflow and infiltration and create a more reliable sanitary sewer system. This will serve the existing 841 customers and the reconnection of 621 sanitary sewer customers. This will also improve the water quality of the Cherry River. Project is in an ARC-designated distressed county.

WYOMING COUNTY

Town of Oceana

$2,000,000

Oceana Water System Upgrade, Phase II

The project will repair and replace Oceana’s water delivery system to reduce water loss and waste. Project will also include upgrades to the existing water treatment plant. Most of the town’s water system was installed over 70 years ago and has deteriorated and is at the end of its useful life. The project will reduce a very high level of water loss, benefiting approximately 1,172 customers, and is in an ARC-designated distressed county.

Abortion Clinic Goes Before Judge To Challenge W.Va. Ban

West Virginia's only abortion clinic was going before a county judge on Monday to ask that an 1800s-era law be thrown out so the facility can immediately resume abortions.

West Virginia’s only abortion clinic was going before a county judge on Monday to ask that an 1800s-era law be thrown out so the facility can immediately resume abortions.

The Women’s Health Center of West Virginia suspended abortion services on June 24, the day the U.S. Supreme Court overturned Roe v. Wade. The state has an abortion ban on the books dating back 150 years that makes performing or obtaining an abortion a felony, punishable by up to a decade in prison. There is an exception for cases in which a pregnant person’s life is at risk.

The ACLU of West Virginia has argued on the clinic’s behalf that the old law is void because it hasn’t been enforced in more than 50 years and has been superseded by a slew of modern laws regulating abortion that acknowledge a woman’s right to the procedure. One example is West Virginia’s 2015 law, which allows abortions until 20 weeks.

In motions before Kanawha County Circuit Court Judge Tera L. Salango in Charleston, the Women’s Health Center’s attorneys said abortion services are essential health care, and the state’s most vulnerable residents are put at risk every day they don’t have access to that care.

Staffers have canceled dozens of abortion appointments, fearing they or their patients could be prosecuted under the old statute. “When it was in effect, the statute was used to criminalize both people who seek and provide abortion care,” the ACLU said.

West Virginia Attorney General Patrick Morrisey, however, says the law is still enforceable. State attorneys countered that the law hasn’t been active in decades only because prosecuting people for getting or performing abortions would have been illegal under Roe — but that’s no longer the case.

The laws passed in years since do not conflict with the old law, the attorney general’s office says, but rather were intended to “fill the void regarding unregulated post-Roe abortion,” and if lawmakers wanted to repeal the 1800s-era law, they would have done so.

Morrisey’s office said the Women’s Health Center’s arguments “are likely to fail and overlook basic history: the West Virginia Legislature’s attempt to protect innocent, unborn life to the greatest extent possible against the backdrop of Roe v. Wade.”

“It is counter-historical to say that the Legislature intended less protection for unborn life if Roe was overruled than if Roe never existed,” they said.

In 2021, the Women’s Health Center performed 1,304 abortions, according to court documents. The majority of patients — 87% — were from West Virginia, with most others from Ohio and Kentucky.

Attorney Kathleen Hartnett from the Cooley law firm is arguing their case, along with attorneys from the ACLU of West Virginia, Mountain State Justice and others.

W.Va. High School Students Creating Furniture For New Court

Three shop students and their teacher from a West Virginia high school are working this summer to build furniture for the new Intermediate Court of Appeals courtrooms.

Herbert Hoover High School in Clendenin won the bid to produce benches, podiums and tabletops for the main courtroom in Charleston and five satellite courtrooms.

The satellite courtrooms in Grant, Lewis, Morgan, Raleigh and Wetzel counties will allow parties to virtually argue cases.

The court was created last year to hear appeals of civil judgments from circuit courts.

The main bench is being made of walnut and will seat up to five judges, while the satellite benches are made of cherry and can be linked to the main courtroom, the Supreme Court said in a news release.

Some members of the Supreme Court and Intermediate Court of Appeals visited the shop this month to discuss details.

The students — Kole Johnson, Josh Stuart and Lane Ramsey — are working on the project during the summer and being paid $15 an hour, the release said.

“You guys wanted them to do the work and they are,” Hoover shop teacher Tim Meyer told the court officials. “They could set up a cabinet shop and make a living at this.”

Cabell County Appeals Opioid Ruling

Officials with the Cabell County Commission are moving to appeal a federal judge's ruling.

The Cabell County Commission voted unanimously to appeal a federal judge’s ruling in favor of drug distributors AmerisourceBergen, Cardinal Health, and McKesson.

Judge David Faber ruled that the state’s public nuisance law did not apply to the three distributors for distributing 81 million addictive pills over the span of eight years.

Huntington Mayor Steve Williams spoke before the commission, indicating that the city is backing the appeal.

“Our constituents need to know we’re not giving up,” he said. “I’m proud to be able to stand by the Cabell County Commission with the City of Huntington, for us to aggressively continue forward on abating this scourge from our community.”

Initially, Huntington and Cabell County asked for more than $2.5 billion to fund opioid response programs.