West Virginia Week is a web-only podcast that explores the week’s biggest news in the Mountain State.
On this West Virginia Week, whoa, was that an earthquake? We’ll speak to a geologist about an earth-shaking event around Huntington. We’ll catch up with the state’s health officer as he leaves his post. And we’ll ask West Virginia’s incoming attorney general about his priorities for the office.
We’ll also hear the latest on a controversial water bottling plant proposed for Jefferson County. We’ll remember West Virginia’s first lady of gospel, and we’ll see why Google has asked to participate in a case before the West Virginia Public Service Commission.
Curtis Tate is our host this week. Our theme music is by Matt Jackfert.
West Virginia Week is a web-only podcast that explores the week’s biggest news in the Mountain State. It’s produced with help from Bill Lynch, Briana Heaney, Caelan Bailey, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Jack Walker, Liz McCormick, Maria Young and Randy Yohe.
The Jefferson County Commission has repealed an ordinance prohibiting minors from attending certain live performances, including some drag shows.
Updated on Saturday, December 21 at 11:20 a.m.
The Jefferson County Commission has lifted an ordinance banning minors from “adult live performances” — including some drag shows — just a year and a half after its passage.
In June 2023, the commission narrowly voted to prohibit residents under age 18 from attending any performance that “depicts” or “discusses” nudity, “sexual conduct” or other forms of “obscenity.” The policy was repealed Thursday in a 3-2 vote.
At the time of its passage, some Jefferson County residents expressed concern that the ordinance was created to target drag performers.
While drag performance was not specifically referenced in the ordinance’s text, opponents said it bore similarities to anti-drag laws passed in other states, like Tennessee.
The ordinance was proposed by former Commissioner Jennifer Krouse, then a Republican. Krouse was removed from office by a circuit court this spring for refusing to attend several weeks of meetings over a conflict regarding vacancy filling protocol.
During the June 2023 meeting when the ordinance was passed, Krouse described drag performances as a risk to children.
“I’ve been to a drag show, I had a great time. It was fun,” Krouse said in June 2023. “There was no reason to have kids there. It was not a political thing, but it was funny, it was light-hearted, nothing serious about it. These days, that’s changed. It’s become overtly political. It’s become very, very sexual in nature.”
Some civil rights groups call characterizations like these unfair.
“It’s a dangerous stereotype that should be beneath our elected leaders. Drag is a beloved art form that has brought joy and laughter to millions around the world,” said Andrew Schneider, executive director of the LGBTQ advocacy group Fairness West Virginia, in a press release Friday.
“From the very beginning, it was clear that this ordinance had nothing to do with actually protecting children, and everything to do with making LGBTQ+ people seem like a dangerous threat to families,” Schneider said.
Under the policy, individuals who performed “obscene” content in the presence of minors faced a $500 fine or 30 days in jail for their first offense, and a $1,000 fine and six months in jail for subsequent offenses.
Jack Jarivs, communications director for Fairness West Virginia, told West Virginia Public Broadcasting that this discouraged drag performances at large.
“The ordinance really didn’t have a ton of legal teeth to ban drag performances, or to ban drag performances, but that was never the goal of this ordinance as enacted,” he said. “The goal was to scare people, so people would be afraid of hosting drag.”
The American Civil Liberties Union of West Virginia expressed similar concerns in a June 2023 post on the social media platform X, formerly known as Twitter. They wrote that the policy aimed to “create confusion and chill free speech,” and said they would take legal action if it was used to target drag performers.
Some commissioners were concerned with the ordinance’s implications on a legal level.
In an email statement to West Virginia Public Broadcasting, Jefferson County Commissioner Cara Keys said the ordinance “stumbled over state law in a way that could potentially reduce a child’s protection.”
Keys, a Republican representing Shepherdstown, voted in favor of the policy’s repeal. She said the policy contained weaker penalties for “displaying obscene material to a minor” than similar laws on the state level.
Under West Virginia’s double jeopardy law, Keys said this meant someone convicted for violating the county policy might not be eligible to face a trial for those same charges on the state level, giving them a more lenient sentence.
“As a mother of four young children, I care deeply about the safety of all Jefferson county children,” she wrote. “I believe this ordinance was not given the proper legal consideration and public comment before being rushed through.”
Commission President Steve Stolipher and Commissioner Jane Tabb, who also voted to repeal the ordinance, did not respond to an email request for comment on this story. Neither did Commissioner Pasha Majdi or Commissioner Jack Hefestay, who voted against the repeal.
Meanwhile, Jarivs said that advocacy groups in the state view their decision as a win for the LGBTQ community.
“I think as more people learn and meet LGBTQ+ people in their lives, they’ll realize that we are just your friends, your neighbors. We’re your teachers, your coaches, your coworkers,” he said. “We’re just trying to live our lives authentically and free from discrimination.”
“I’m so grateful that we continue to see more small, rural communities across our state adopting inclusive laws,” Jarvis continued. “I’m hopeful for the future.”
**Editor’s note: This story was updated to include a comment from Jefferson County Commissioner Cara Keys.
On this West Virginia Morning, incoming Attorney General J.B. McCuskey discusses priorities for the incoming administration, and a look at Christmas past on the USS WVa
On this West Virginia Morning, West Virginia’s Auditor J.B. McCuskey will become the state’s Attorney General in January. Statehouse reporter Caelan Bailey spoke with McCuskey about his career as a lawyer and delegate, and priorities for the incoming administration, and how he plans to follow the legacy of outgoing Attorney General and Governor-elect Patrick Morrisey.
And Christmas can be particularly difficult for those deployed away from home while serving in the military. Archival material shows how the Navy made the holiday special during the Great Depression — with a West Virginia connection.
West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.
Support for our news bureaus comes from Shepherd University and Marshall University School of Journalism and Mass Communications.
Maria Young produced this episode.Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning
An injunction from West Virginia’s 23rd Judicial Circuit Court postponed a Jefferson County Planning Commission hearing regarding a water bottling plant proposed for the community of Middleway.
Updated on Thursday, December 19 at 8:50 a.m.
A water bottling plant proposed for the historic Jefferson County community of Middleway is still awaiting formal approval or rejection from local officials. But a new circuit court decision means uncertainty over the project will continue into the new year.
On Monday, West Virginia’s 23rd Judicial Circuit Court granted an injunction that postponed a Jefferson County Planning Commission hearing for the project.
The Dec. 17 meeting, formally dubbed a “public workshop,” would have allowed the commission to review a revised plan for the Mountain Pure Water Bottling Facility. The project was first proposed in November by representatives for California-based Sidewinder Enterprises.
The court decision comes in response to a legal complaint filed by the Jefferson County Foundation, a local environmental and historic preservation nonprofit. The organization has previously expressedconcern about the toll the project would take on local water resources and traffic.
Under Jefferson County land development regulations, the planning commission is required to undertake a 45-day review period for concept plans before formally assessing their contents.
The complaint — shared with West Virginia Public Broadcasting by the foundation — argues that holding a “premature, end-of-year, special hearing” would deprive government agencies and the public time for “their due process right to be heard.”
“It would really hinder the ability of the agencies and the public… to review and comment,” said Christine Wimer, the foundation’s president. “We became pretty concerned about this public workshop being a meaningful opportunity for the public to be heard.”
Wimer said her organization reached out to the planning commission directly to request the meeting be rescheduled, but that the foundation pursued legal recourse because the commission did not agree to the delay.
“The government has to engage the people, and the people have to have a meaningful opportunity to engage,” Wimer said, adding that community members should be able to “evaluate” and “seek clarity” on a concept plan before speaking on it publicly.
Ultimately, Circuit Court Judge David Hammer agreed with the foundation’s legal claim, granting an injunction that postponed review of the current Mountain Pure concept plan.
According to the planning commission’s 2025 meeting schedule, that means the next regular meeting when commissioners would be eligible to review the plan is Feb. 11, roughly two months from now.
Sean Masterson, a management partner for Sidewinder, is helping lead the Mountain Pure project. In an email statement he provided to West Virginia Public Broadcasting through a media representative, Masterson described the postponement as an “opportunity” to talk to community members about their concerns.
“Our team looks forward to participating in additional dialogue on issues of importance concerning key technical and specific project details,” he wrote.
Masterson added that his team has commissioned an economic impact study for the project, which he plans to share with members of the public.
Meanwhile, some community members who oppose the project due to environmental, safety and historic preservation concerns regard the postponement as a win.
Jessie Norris is a Middleway resident and organizer for Protect Middleway, a grassroots local watchdog group calling for the Mountain Pure concept plan to be rejected or reformed. In a message to West Virginia Public Broadcasting, she expressed gratitude that the local community will have more time to review Sidewinder’s proposal.
“The postponement to Feb. 11 provides an opportunity for continued dialogue, advocacy and thoughtful preparation,” she wrote on behalf of Protect Middleway.
The proposed bottling plant would be built atop a former manufacturing site roughly half a mile from Middleway’s historic downtown. Under its current concept plan, a one-million-square-foot facility there would extract and bottle local groundwater.
Some residents have expressed concern that the project could cause toxic runoff, because chemicals were detected beneath the site in a 2018 geological report. Representatives for the project have denied these claims.
During subsequent planning commission meetings, members of the public will be eligible to address the commissioners for three minutes each during the public comment period, and can express their thoughts on the project.
Norris added that Protect Middleway looks forward to continuing its “advocacy efforts” after the holiday season.
“This additional time allows us to reflect on what makes Middleway so special — a village that has been lovingly sustained for centuries by those who call it home,” she wrote.
**Editor’s Note: This story was updated to include a written comment from Sidewinder Enterprises.
Five years ago, Melissa Carder and her wife purchased their dream home: an 1804 log cabin in the historic Jefferson County community of Middleway. Carder was seated upstairs this spring when the walls began to shake.
“I couldn’t even wrap my head around what was happening,” she said. “I actually thought: Is that a terrorist? Is it Armageddon? Is it World War III? Like, what is going on?”
Moments later, the house stilled. Carder and her wife realized it was not Armageddon, but something else: A pickup truck had careened off the road and into the side of their house.
“I have a little five-pound dog, and a large glass painting landed within inches of her. If it would have landed on her, it probably would have killed her,” Carder said. “It was extremely, extremely traumatic.”
Carder is not alone. Two of her neighbors told West Virginia Public Broadcasting that drivers have collided with structures, curbs or trees on their properties. Some locals have even barricaded their yards with rocks to protect against stray vehicles.
The rocks along the village’s narrow, colonial streets are a visual reminder that Jefferson County is at a crossroads.
In the last 50 years, the population of West Virginia’s easternmost county has more than doubled, surpassing 57,000 in 2020, according to the United States Census Bureau. This growth means rural communities like Middleway are reckoning with an influx of traffic — plus the appropriation of more county land for industrial, commercial and residential development.
That process came to a head last month, when representatives for Sidewinder Enterprises presented plans for Mountain Pure Water Bottling Facility to the Jefferson County Planning Commission.
In a meeting that surpassed five hours, resident after resident sat before the commission and raised concerns about the project’s impact on traffic safety, water supplies, historic preservation and environmental health.
While the future of Sidewinder’s plan is unclear, residents are organizing to keep local priorities on the table.
‘Rockwool all over again’
Half a mile west of Middleway’s downtown, behind a chain link fence, an old factory site has sat vacant for nearly two decades. Before, the factory manufactured textiles, photography equipment and printing plates.
But the site has gone unused since 2006, according to its current owner, Sidewinder Enterprises, a California-based company that purchased the site in 2021. Now, Sidewinder aims to build a one-million-square-foot facility that would bottle local groundwater.
Integrity Federal Services, a civil engineering firm, presented plans for the facility to the Jefferson County Planning Commission on Nov. 12.
The commission unanimously voted that the application was incomplete because it omitted parcels of land containing the project’s water supply, located away from the main facility site.
Still, the commissioners did not reject the proposal outright, allowing Sidewinder to resubmit their concept plan with revisions. The company did so one week later.
Sidewinder’s push to develop the Middleway-area property comes amid rising industrial development across the region.
From 2014 to 2024, the Jefferson County Commission approved the rezoning of at least 563 acres of previously rural or residential land for possible industrial use, according to local zoning amendments posted to the Jefferson County Office of Planning and Zoning website.
Rising development corresponds in part with the county’s rising population. Over the same decade, the county commission also rezoned at least 246 acres of industrial or commercial land for possible residential use.
Still, many Jefferson County residents worry the current rate of industrial development is unsustainable for local infrastructure and the environment. Some, like Carder, feel a new industrial project could make current issues worse.
At last month’s planning commission meeting, dozens of community members from across Jefferson County echoed that sentiment.
Several likened Mountain Pure to past industrial projects in the area, like Rockwool. The Danish steel wool manufacturing plant, located in the town of Ranson, sparked years of impassioned environmental protest when proposed in 2017.
The project moved ahead despite an outpouring of local pushback. But in 2020 a Danish regulatory organization placed Rockwool under investigation for air and water quality concerns, renewing worries from some residents.
“This is Rockwool all over again, where government officials know what’s happening, and they don’t tell the public until it’s too late,” said Shepherdstown resident Billie Garde during last month’s planning commission meeting. “We’re tired of being run over.”
Other commenters compared Sidewinder to 3M, the conglomerate that previously owned the site. Last year, the company had to dole more than $10 billion in a settlement for contaminating waterways across the country.
In West Virginia, residents worry about the environmental toll 3M left behind. And those worries stem from a discovery reported by Sidewinder itself.
Industrial Rezoning Over The Past Decade
Use the slider to toggle between maps of Jefferson County lands zoned industrial in 2014 and 2024 county zoning reports. Blue parcels indicate land zoned industrial for more than 10 years. Red parcels indicate land zoned industrial since 2014.
Over the past decade, the Jefferson County Commission rezoned 563 acres of rural or residential land for possible industrial use. These maps depict parcels of land with zoning types that allow for industrial development, though some might not be under active industrial use. As of 2024, nearly 6,000 acres are eligible for industrial development — roughly 4 percent of all land in the county.
Learn more about this data. | Graphic Credit: Jack Walker/West Virginia Public Broadcasting
Toxic chemicals detected underground
Included in Sidewinder’s Mountain Pure concept plan is a 2018 geological survey that indicates a plume of two toxic chemicals, trichloroethane and dichloroethene, remains in the groundwater beneath the site.
During the planning commission meeting, residents expressed concern that water usage at the site could produce toxic runoff and contaminate surrounding water reserves. Sidewinder Enterprises did not respond to a written request for comment on this story.
But during the meeting, Nick Wolfe of Triad Engineering spoke on behalf of Sidewinder. He said the company is already engaged in a “voluntary cleanup program” with “restrictions on groundwater use” from the area affected by chemicals.
Wolfe also denied some residents’ claims that “the plume is going to migrate.”
“There is very limited and very low risk of any contamination making it to the production well,” he said.
Community organizations like the Jefferson County First Foundation, a nonprofit that aims to protect the county’s environment and historic integrity, disagree. Last month, the foundation submitted a letter of concerns to the planning commission, urging them to reject or modify the concept plan.
Meanwhile, some Jefferson County residents say they feel tired of waiting for corporations to address their concerns. Instead, they are opting for a new wave of local organizing.
Middleway turns to grassroots activism
Labor and delivery nurse Stacy Chapman lives in the heart of Middleway’s historic district. Despite her proximity to the proposed Mountain Pure site, she said she did not hear about the project until the company publicly submitted their concept plan.
Seeing the plan, alarm bells went off. Chapman said she was immediately concerned about a further increase in traffic and water usage. So she began knocking on her neighbors’ doors to spread the word about the project, urging them to speak out against it.
“There’s a sense of community here,” Chapman told West Virginia Public Broadcasting. “Families have been here through all those time periods for nearly 300 years. You can feel it when you come here. You automatically feel a part of it.”
Weeks later, that effort has turned into a grassroots watchdog group called Protect Middleway. Its members are urging Sidewinder to take steps toward safety and sustainability to protect the local community. Several of Chapman’s neighbors spoke out during last month’s meeting.
“We know the legacy of the last 300 years of people that have protected it, or it wouldn’t still be here,” Chapman said. “We feel a sense of responsibility to protect it for the next 300 years.”
The folks with Protect Middleway say they support businesses and the jobs they bring. Chapman said she wants something to be done with the derelict site Sidewinder purchased.
But they want that project to be environmentally sustainable, with a less pronounced impact on local traffic. The proposed site is a short walk from the same street where Carder’s home was struck, and where residents like Chapman worry about crossing the street.
Some locals, like Chapman’s daughter Nicole, say corporations like Sidewinder are taking away the historic allure and natural beauty that bring people to West Virginia.
“Appalachia and West Virginia take the brunt of environmental impact so that the rest of the country, specifically the heads of corporations, can benefit from it,” she said. “This is just another example in a long line of being in a sacrifice zone.”
Likewise, Middleway resident and Protect Middleway member Jessie Norris said the charm and opportunity that brings newcomers to West Virginia’s Eastern Panhandle requires protection. Without more proactive regulation from elected officials, she believes growth in the county will dry up.
“When you have these precedents set, it makes it easier for other companies — whether they’re from West Virginia or outside of it — to come in and abuse our state and our resources,” she said. “Those resources, as we’re all very well aware, are not infinite.”
The Jefferson County Planning Commission will meet again Dec. 17 at 7 p.m. The meeting will include a public comment period, during which community members can address the commission.
For more information on Protect Middleway, visit the organization’swebsite.
On this West Virginia Morning, we hear from residents of a quaint Jefferson County community organizing against the construction of a local water bottling plant.
Plus, we learn about a piece of legislation that Sen. Joe Manchin, I-W.Va., has proposed in the United States Senate to put term limits on U.S. Supreme Court justices.
West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.
Support for our news bureaus comes from Shepherd University and Marshall University School of Journalism and Mass Communications.
Appalachia Health News is a project of West Virginia Public Broadcasting with support from Marshall Health.
West Virginia Morning is produced with help from Bill Lynch, Briana Heaney, Caelan Bailey, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Jack Walker, Liz McCormick, Maria Young and Randy Yohe.
Eric Douglas is our news director. Teresa Wills is our host. Maria Young produced this episode.
Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning