ACLU Receives Documents Regarding Recent Treatment Of BLM Protesters In Martinsburg

The American Civil Liberties Union of West Virginia received documents from the City of Martinsburg Friday afternoon — all related to treatment of Black Lives Matter protesters in late May

The ACLU-WV filed a freedom of information act request more than a month ago, and having not received the documents within the legally mandated time frame, filed a lawsuit earlier Friday. The documents arrived thereafter. 

The ACLU-WV filed a lawsuit against the city of Martinsburg in Berkeley County Circuit Court because city officials had notresponded to a public records request submitted more than 50 days ago, according to an ACLU spokesperson. 

Within about an hour of filing the lawsuit, the City agreed to provide the requested documents. The ACLU-WV said they received documents late Friday afternoon related to police treatment of 11 protesters. 

The organization required such records as bodycam and dashcam footage from Martinsburg Police officers involved in the arrest of 11 Black Lives Matter protesters on May 30 and 31. The request asks for names and badge numbers, official procedures when interacting with protesters, and use-of-force policies. 

The request was submitted by the ACLU-WV on behalf of the Berkeley County Unity Coalition, a newly formed group of civil and human rights organizations, educators and faith leaders. 

The group said the 11 arrested protesters were forced to sit in jail with excessively high bails amid a health pandemic, and that officers used excessive force and escalated tensions.  

The ACLU-WV said they aren’t prepared to dismiss their lawsuit until the documents are reviewed.   

The Martinsburg Police Department did not immediately respond for comment.

In an emailed statement from Kin Sayre, Martinsburg’s city attorney, he states the City of Martinsburg replied to the ACLU-WV’s FOIA on Jun. 23, 2020 acknowledging the request and indicating “the City would need time to assemble the data.” 

Sayre also noted “the City has not been served on the lawsuit.”

Lawsuit Over Insulation Plant Challenges State Incentive

A lawsuit in West Virginia is challenging a type of state incentive to attract industry.

The Exponent Telegram reports a nonprofit organization called Jefferson County Vision has filed multiple lawsuits to stop the construction of an insulation production plant in the Eastern Panhandle, including one that targets the state’s Payment In Lieu of Taxes program.

The Denmark-based company Rockwool broke ground over the summer on a $150 million stone wool manufacturing plant in Ranson.

Jefferson County Vision member Christopher Kinnan said Rockwool is the only business in the county that is enrolled in the program, which isn’t fair to other businesses.

The company filed a motion late Friday asking for a dismissal. The motion says the complaint “is a collection of political grievances rather than legal claims.”

Business and manufacturing officials say the incentive is necessary for economic development.

Morgantown Locals Protest Recent Immigration Policy

The U.S. Department of Justice announced a  “Zero Tolerance” policy in illegal immigration earlier this year , and that policy has recently come under scrutiny for news that  children are being separated from their parents as they enter the United States across the Mexican border. A group, called “Mountaineers for Progress”, hosted a protest Monday evening against the policy.

Titled ‘March to Keep Families and Children Safe and Together’, Community members gathered to march, urging Representatives to stand up against the policy. In attendance was Reverend Wes Burgon. Burgon came to America from Canada over 20  years ago. He says that this is a race issue, not an immigration issue.

 

“There’s 100,000 Canadians living in this country illegally and nobody cares and that’s fine because we’re white”

Credit Shayla Klein
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Children and their parents at the event

Although the issue is not happening close to West Virginia, protesters say it’s important to stand up to the issue no matter where you are. One candidate who is running for the state House of Delegates, Danielle Walker,  says the issue is important to her because she is a mother of 2 sons. She believes West Virginia is often forgotten about, but that people in our state have the ability to help others.

“Mountaineers take care of one another, and that’s what we’re doing here”

The protestors walked one mile, starting at Congressmen McKinley’s office,then ending in front of Senator Capito’s office. There, they stood outside the building and guest speakers spoke  about the issue. Democratic nominee who is running against McKinley in this fall’s race for the West Virginia 1st Congressional district Kendra Fershee, said she believes the 100 tolerance immigration policy should be important to everyone.

“It’s not about immigration, it’s about human rights” sign in front of Capito’s office

“It doesn’t necessarily directly impact us at our West Virginia border but we’re Americans and we should be standing up against these practices.”

When asked about the issue, Congressman McKinley said

“Families should not be seperated at the border. At the same time, enforcing immigration laws and stopping human traffickers from exploiting loopholes in our system must also be a priority. We are pleased President Donald J. Trump is signing an executive order to stop this practice. The decision proves that quiet diplomacy can still work in Washington. Behind the scenes, many of us urged the Administration and House leadership to keep familes intact. Now it’s up to congress to develop a lasting solution, not only on family seperation, but other problems with our complex imigration system as well.” 

Organizers of the rally passed out slips of paper with numbers to call if people want to take action..

 

 

Judge Lifts Restraining Order Against Pipeline Protesters

A judge has lifted the restraining order against natural gas pipeline protesters sitting in trees in West Virginia.

News outlets report Judge Robert Irons denied the injunction, reversing course less than two weeks after granting Mountain Valley Pipeline a 10-day restraining order against the protesters.

Mountain Valley Pipeline had sought the order, saying the protest could prevent cutting trees along the pipeline’s path in time to meet a March 31 federal wildlife protection deadline. A licensed surveyor testified the protesters were outside of the no-cut zone and inside the company’s right of way, but the protesters’ attorney, William DePaulo, pointed out mapping inconsistencies.

In his ruling, Irons highlighted concerns over the map data’s accuracy and questioned the urgency to reach a decision over two trees along the 300-mile (480-kilometer) pipeline.

Restraining Order Issued for Pipeline Protesters in Trees

A temporary restraining order against natural gas pipeline protesters sitting in trees near the Virginia state line has been granted by a West Virginia judge.
The Roanoke Times reports the Thursday order from Monroe County Circuit Court Judge Robert Irons is effective for 10 days. Mountain Valley Pipeline sought the order saying in court papers the protest could prevent it from cutting trees along the pipeline’s path in time to meet a March 31 deadline imposed by federal wildlife protections.
The protesters have no plans to come down from stands in two trees saying in a statement the “greedy corporations” are behind the 300-mile (500-kilometer) pipeline that would damage land and waters.
A hearing is scheduled Tuesday on Mountain Valley’s request for a preliminary injunction that could last longer than the order.
 

Hundreds Rally in Shepherdstown During U.S. Democratic Senators Retreat

Hundreds of protesters gathered across the street from the Bavarian Inn in Shepherdstown Thursday morning as the United States Democratic Senators held their annual retreat inside.

On Thursday morning, Harpers Ferry resident Cheryl Kemp joined some 250 people gathered outside the Bavarian Inn in Shepherdstown. She says she came out because she wants the senators to know they have her support.

“It’s time to start fighting, and that we’re behind them; that we, you know, we’re against the Trump agenda about what he’s doing to our democracy,” Kemp said.

Senator Joe Manchin’s office confirmed Wednesday that Manchin organized the retreat to be held in West Virginia, but it’s unclear what the senators are discussing. The retreat is closed to media and the public.

Some Donald Trump supporters came out to protest the rally, including Shepherd University sophomore Nicholas Mantegna. He says it’s important he and other Trump supporters are there to remind Democrats who’s in office.

“Because he’s our president, and they need to accept that. It’s as simple as that,” Mantegna explained.

Senators Bernie Sanders and Elizabeth Warren spoke to the crowd around 10:00 a.m. Thursday morning. Manchin’s office says he and his fellow senators will be in Shepherdstown through Friday.

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