CHARLESTON – A Kanawha Circuit Court judge says state Senate leaders and Capitol Police didn’t cause a Greenbrier County woman undue harm when she was threatened with arrest for recording Senate debate about abortion legislation.
Kanawha Circuit Judge Carrie Webster denied to issue an injunction that would have limited state Senate and Capitol Police authority to keep people from filming legislative proceedings.
“I haven’t heard anything that would cause me to believe the plaintiff was unlawfully restrained from doing something that she has a right to do under the (Open Governmental Proceedings Act),” Webster said, according to an HD Media story about the September 8 hearing.
The American Civil Liberties Union of West Virginia wanted Webster to issue an injunction that keep Senate and Capitol Police staff from stopping people from recording open government proceedings before the start of legislative interim meetings that began September 11. It said the Senate and Capitol Police violated the state’s open meetings law by keeping Tiffani Morgan Walton from recording a July 29 Senate hearing about House Bill 302.
Morgan Walton filed two related lawsuits. One was filed in Kanawha Circuit Court against the West Virginia State Senate and the state Division of Protective Services, which oversees the Capitol Police. The second was filed in federal court against state Senate President Craig Blair, state Senate Assistant Sergeant-at-Arms Grover Miller, DPS Director Kevin Foreman and DPS officer Van Armstrong. The ACLU-WV filed complaints on behalf of Walton.
According to the court filings, Walton says she was allowed to record debate on Gov. Jim Justice’s proposed tax bill, but she says authorities intervened almost immediately when she began filming debate on the abortion bill. Walton told Armstrong, a Capitol Police officer, she was within her rights to record the debate in a non-disruptive manner. She says Armstrong laughed at her and threatened to arrest her if she did not leave the gallery.
In doing so, she says officials violated her First Amendment rights and the West Virginia Open Governmental Proceedings Act, which is a “sunshine law” designed to ensure government transparency.
“The Constitution, court rulings and state law are all quite clear: members of the public have every right to record public officials during public proceedings,” ACLU-WV staff attorney Nick Ward said. “Sunshine laws lie at the very heart of our democracy.
“Without transparency, government cannot be held accountable by the people it serves. That’s why we’re also asking a court to remind politicians at the state Capitol of their responsibility to uphold and protect transparency laws.”
In the federal complaint, Walton says her free speech rights guaranteed by the First Amendment of the U.S. Constitution were violated. In the state court complaint, she says the state Open meetings Act was violated.
According to a 2019 advisory opinion from the West Virginia Ethics Commission’s Committee on Open Governmental Meetings, Ward says Walton’s right to film is protected under the statute.
The complaints say emergency preliminary relief is needed because the state Senate and its committees are scheduled to meet to discuss the issue, at the latest, September 11-13.
“Emergency preliminary relief is appropriate as it is the only mechanism to ensure Ms. Walton’s rights will be protected and that she will be free from retaliation when observing imminent Senate proceedings,” the complaints state. “Ms. Walton alleges that the West Virginia Senate and the Capitol Police have a custom, pattern, practice or policy of authorizing agents to retaliate against individuals for exercising their right to record public government proceedings.”
Walton says the actions of the defendants violated her rights and caused emotional trauma, humiliation and distress. She seeks declaratory judgments saying the defendants violated her rights to observe and record government actions. She also seeks immediate emergency and injunctive relief enjoining the defendants from prohibiting individuals to observe and record open governmental proceedings. She also seeks court costs, expenses, attorney fees and other relief.
She is being represented in both cases by Loree Stark and Nicholas Ward of ACLU-WV.
Kanawha Circuit Court case number 22-C-697 and U.S. District Court for the Southern District of West Virginia case number 2:22-cv-350