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There’s still time, brothers & sisters

By Constance Alexander

The fact that the Kentucky constitution requires the current legislative session end no later than April 15 evokes images from the final scene from Nevil Shute’s classic end-of-the-world novel, On the Beach:

Random litter drifts, tumble-weed style, through eerily empty city streets, while a battered banner, dangling from its moorings, announces, “There’s still time, brother.”

For Kentuckians there is still time – just barely – to weigh in with legislators on a range of bills fixin’ to become laws unless voters speak up.

The Kentucky Senate, with a total of 38 senators, numbers 31 Republicans to 7 Democrats. The General Assembly, comprised of 100 representatives, boasts 80 Republicans and 20 Democrats. This strong supermajority means that voters need to get informed about proposed legislation BEFORE it becomes law and contact their elected representatives – by phone, email or snail mail – to let them know your opinions and suggestions.

With a law-making process often likened to the messier aspects of making sausage, voters shoulder the responsibility of contacting legislators during the session. Waiting until November elections is too late.

Elected representatives communicate with constituents via email, online, and in local papers, but their self-reporting does not necessarily produce unbiased information voters can rely on. So where does an interested citizen begin?

Kentucky’s Legislative Research Commission is an invaluable resource. It covers committee staffing, bill drafting, oversight of the state budget and educational reform, among other topics, essential to voters. Through the LRC, citizens can track the performance of their legislators and the bills they promote in Frankfort. Voters can call and leave messages for their legislators, or email them directly, to provide feedback and suggestions on votes that will transform a bill into state law. 

The challenge for voters is the need to consult a variety of publications that cover politics, which requires wading into an environment steeped in social media and awash with multiple sources of information, some more reliable than others, and often blocked by paywalls.

On a good day, my own sources of information about Kentucky politics and policies include a patchwork: WKMS-FM, Murray’s National Public Radio affiliate; Kentucky LanternHoptown ChronicleThe Murray Sentinel; University of Kentucky’s Institute for Rural Journalismand Community Issues; Forward Kentucky; and Northern Kentucky Tribune

When it comes to legislative knowledge and insights, delivered in scrupulously balanced coverage, KET’s director of public affairs, Renee Shaw, is a dynamo. She serves as host of KET’s weeknight public affairs program Kentucky Edition; the signature public policy discussion series Kentucky Tonight; the weekly interview series Connections; election coverage; and KET Forums. 

Comment on Kentucky, KET’s longest-running public affairs program, broadcasts every Friday night. A staple for those who seek supporting details behind current Kentucky headlines, Comment maintains consistently high ethical standards. Host Bill Bryant invites journalists from across the Commonwealth to engage in in-depth discussions about the week’s biggest news stories.

This legislative session, I am following five bills and contacting my representatives to express my opinions on how they should vote on each one. Without feedback, legislators cannot know what we think and how their votes matter to constituents. 

If you do not know who represents you in Frankfort, a visit to the Legislative Research Commission site is a great place to start. 

Jason Howell is the senator representing Calloway, Crittendon, Fulton, Graves, Hickman, Lyon and Trigg counties. 

Mary Beth Imes represents Calloway and Trigg counties in the House.

Here are some of the bills they will be voting on between now and the end of the current legislative session:

Senate Bill 6, aims to curb diversity, equity, and inclusion initiatives in public universities and colleges. It sailed through the senate and was sent to the House on a party line vote, according to Kentucky Lantern, with 26 Republicans voting in favor and seven Democrats voting against. 

The bill would allow the attorney general to bring a civil action against a university or college that penalizes a student or employee for rejecting any of 16 “discriminatory” concepts enumerated in the bill. Universities and colleges also would be required to publish course descriptions, syllabi and assigned or recommended textbooks online, among other new requirements. 

House Bill 387 seeks to lower the educational requirements for substitute teachers in Kentucky. Subs currently are required to have at least 64 hours of college credit. If the bill becomes law, high school diplomas or the equivalent would be enough to qualify for a one-year emergency certification from the Education Professional Standards Board. 

House Bill 141 wants to make water fluoridation programs optional. Based on the premise that fluoridation is “forced medication,” the governing bodies of water systems could decide whether to participate in fluoridation programs. 

House Bill 509 would amend the Kentucky Open Records Law to make it more difficult for the general public and the press to gain access to the records and meetings of public agencies. Rep. John Hodgson has recently declared he plans to revise the bill after it, according to the Kentucky Lantern, ignited protests from open government advocates and Kentucky Press Association.

According to an email from Hodgson quoted in The Lantern, “A number of involved private citizens and constituents took me up on that offer and we had some very constructive dialog about dozens of specific examples in their experience base.”

House Bill 148 which has been proposed more than several times in recent years, would finally eliminate the so-called “pink tax” on menstrual materials. Rep. Lisa Wilner, the bill’s sponsor, pointed out the “fundamental injustice” of the tax. 

“To compound the issue,” she said, “Kentucky is now in the minority of states that still profit from menstruation by taxing medically necessary period products.” 

This is just a smattering of bills that are moving through the system; there are scores more. Waiting until election day to contact your legislators is too late, but there’s still time between now and April to do your civic duty and hold legislators accountable for their action or inaction. 

Author’s note: In 1989, when the publisher of Murray Ledger & Times asked me to write a column, he said, “You can write about anything, as long as it’s not political or controversial.” From then until December 31, 2023, Main Street, readers followed the column weekly, first in the Murray paper, and then in Kentucky Forward and Northern Kentucky Tribune.

In 2024, I am exploring the possibility of launching Left on Main, to incorporate more political and controversial topics. Please read and share this first installment and let me know what you think at constancealexander@twc.com.

Recipient of a Governor’s Award in the Arts, Constance Alexander has won numerous grants, awards, and residencies for her poetry, plays, prose, and civic journalism projects. Contact her at constancealexander@twc.com.

TV station prevails in dispute over public records

MURRAY – The end to a long-standing dispute between Paducah television station WPSD-TV and Murray State University over public records is in sight after Calloway Circuit Special Judge John Atkins issued his summary judgment Friday, ruling the university improperly redacted records it produced in response to open records requests submitted by the station, in violation of the Kentucky Open Records Act (KORA).  

Atkins, who reviewed both the original and redacted records before ruling, confirmed WPSD’s suspicions that the university “misused or misapplied” attorney-client privilege, personal privacy and preliminary records exemptions to redact the requested records; furthermore, he agreed with WPSD’s assertion that MSU’s application of broad categorical exemptions was contrary to the law.

“Judge Atkins issued a clear and unmistakable order that MSU used ‘a near categorical redaction scheme,’ his words, at odds with the law to withhold information the people had a right to know,” said WPSD-TV News Director Perry Boxx in a statement. “This victory for open government is good news at a time when the legislature continues to try to chop away at open records law. Open government laws are fruit of the First Amendment. They are the legal mechanisms by which journalists fulfill our role in helping perfect and preserve democracy. … We look forward to a review of all of the documents in question.”

MSU also provided a statement in response to the ruling: “We respect the court’s decision as we maintain our commitment toward academic excellence, student success and thoughtful public service in our west Kentucky region, the Commonwealth and beyond.”

The lawsuit stems from two open records requests (ORR) Boxx submitted to MSU in the fall of 2022, the first of which was submitted on Oct. 20. That two-part request sought records related to WKMS-FM, MSU’s NPR-affiliate radio station, going back to March 2022. 

Part “A” requested communications between former Circuit Judge James (Jamie) Jameson, former WKMS Station Manager Chad Lampe* and MSU administrators, including President Robert (Bob) Jackson, related to an ORR WKMS submitted to the Administrative Office of the Courts for surveillance footage of the judge walking in the courthouse after hours in his underwear. Part “B” requested communications between nine other university employees about “WKMS News.”

Three days earlier, WPSD reporters were present as Lampe was called to the stand on day one of the final hearing in misconduct proceedings against Jameson brought by the Kentucky Judicial Conduct Commission (JCC). Among the seven charges against the judge was a claim that Jameson attempted to pressure Lampe to kill any potential stories related to WKMS’ ORR by contacting Jackson about the request and later informing Lampe that Jackson “was not happy” about it. 

While Lampe’s testimony centered around Jameson, it also suggested that tensions were high between university administrators and the radio station at the time and for reasons beyond the conversations with the judge. 

For example, when asked if he had received any punishment over the exchanges with Jameson, Lampe carefully chose his words, saying, “There was no direct punishment to me, but the public radio station had received changes in their budgetary allocation as you would see lawmakers contact university officials. … I can say that the station – not necessarily me, but the station – could receive some negative blow back from the administration.”

Ultimately, the JCC found Jameson guilty on all charges and removed him from office. 

MSU responded to Boxx’s ORR on Nov. 3, and in it, invoked the First Amendment to withhold records related to WKMS.

“(T)here is a competing interest as to the freedom of the press,” penned MSU General Counsel Robert Miller in the university’s response. “Permitting the public to engage in fishing expeditions by searching the files of journalists and/or agency of the press, undermines and dissuades the press from fulfilling its Constitutionally protected freedom.”

The university did produce 31 heavily-redacted records in response to part A, claiming attorney-client privilege and KORA’s preliminary records and personal privacy exemptions for the redactions, but denied part B, calling it unduly burdensome, both for lacking specificity and being too cumbersome. 

WPSD formally appealed MSU’s partial denial of the October ORR to the Kentucky Office of the Attorney General (OAG) two weeks later and also challenged the redactions. In the end, the OAG largely sided with the television station on many of its complaints and rejected MSU’s use of the First Amendment to withhold records related to WKMS. 

Boxx submitted his second ORR on Nov. 16. It was significantly broader in scope, covering six subjects and seeking records as far back as April 2020. By the end of December, MSU produced over 800 pages of, again, heavily-redacted records in response to the November request, citing attorney-client privilege, preliminary records and personal privacy exemptions. 

Following the release of the OAG’s opinion in February 2023, MSU produced more records that were responsive to the October request. But WPSD continued to contest the propriety of many of the redactions. 

In March 2023, WPSD filed suit against MSU in Calloway Circuit Court “to compel disclosure of public documents related to MSU’s attempts to interfere with reporting by WKMS,” requesting an injunction ordering the university to produce the records responsive to both of Boxx’s ORRs in their entirety and for sanctions against MSU for willfully violating KORA.

Beyond the initial filings, there was little traction in the case until last November, when WPSD filed its motion for summary judgment, which is a request for the court to enter a ruling based on the pleadings filed in a case along with exhibits or affidavits without going to trial.

First Amendment attorney Michael Abate, WPSD’s lead counsel, argued in his motion that “a cursory review” of MSU’s redactions shows willful misapplication of the exemptions permissible under KORA and asserting the conclusion that the university’s intention was “to withhold information it would rather not see the light of day.” 

In response, MSU’s lead counsel Alina Klimkina characterized the television station’s lawsuit against the university as an attempt to “harass and unduly burden (MSU), and this Court, in hopes of generating a story that does not exist.” 

Abate doubled-down on the willfulness argument in WPSD’s reply, accusing MSU of employing a “strategy of withholding public records until their obviously inadequate denials are challenged through litigation (that) turns the Act’s presumption of disclosure on its head and defies the ‘basic policy’ adopted by the General Assembly that ‘free and open examination of public records is in the public interest and the exceptions provided for by KRS 61.878 or otherwise provided by law shall be strictly construed.’”

The parties convened on Jan. 24 for the summary judgment hearing. To expediate the process, Atkins suggested narrowing the scope of the dispute from eight subjects across two ORRs to only part A in the initial October request.  

“The record and the pleadings reflect the contact that was had by President Jackson with WKMS – it was alluded to in the pleadings and was part of the evidence in Judge Jameson’s proceedings that led to his dismissal from the bench,” Atkins said. “I think those records, in light of the background information, show that something exists, and I think it’s relevant to the problem in WPSD’s complaint.”

WPSD’s co-counsel William (Rick) Adams maintained the station was entitled to all of the records it requested. Both Adams and Klimkina advised the fastest way to bring resolution in the matter was for Atkins to examine the records in camera. Atkins agreed.  

Three weeks later, Atkins, based on his in camera examination of the records “that comprise the subject matter of this litigation” as well as his consideration of “the arguments of counsel, the evidence presented, the pleadings, exhibits and relevant precedents cited in our Commonwealth’s lengthy Open Records Act jurisprudence,” ruled in favor of WPSD. 

He ordered MSU to “comply without unreasonable delay with the only redactions tolerated by this Order being ones that concern purely personal or private information such as phone numbers and other personal descriptors which have nothing to do with this litigation.”

He also granted WPSD’s request to file a motion for attorneys’ fees, costs and statutory penalties. Under KORA, judges may impose statutory penalties if records were “willfully withheld,” not to exceed $25 per day for each day the “right to inspect or copy said public record” was denied. 

A Kentucky Court of Appeals opinion published in 2016 established precedent for assessing penalties on KORA violations on a per-record, per-day basis in a case brought by the Louisville Courier Journal and the Lexington Herald-Leader against the Cabinet for Health and Family Services (CHFS) wherein it upheld a $756,000 fine ordered by a lower court. 

The intent behind KORA “is served not only by the limited reading of exceptions to such a rule … but also by liberal reading of those provisions aimed at the meaningful punishment of those who willfully obfuscate the public’s ability to examine non-exempt records,” Judge Irv Maze wrote for the majority in the 2016 opinion. 

WPSD’s motion identified 21 records – 15 from the initial October request and six from the November request, four of which have been withheld – which Atkins already adjudicated as improperly redacted. That could translate to a maximum penalty in excess of $245,000 plus attorneys’ fees. 

“We believe the University has willfully violated the law in trying to hide documents from the public, and that a substantial fee and penalty sanction is appropriate under the statute,” Abate, who also represented the Courier Journal in the landmark case against CHFS, wrote in an email last November. 

Any sanctions against MSU will be imposed by way of a separate order, provided WPSD’s attorneys file a motion requesting penalties and fees before the Feb. 26 deadline.

*Editor’s note: Chad Lampe now serves on the Sentinel’s Board of Directors. This story was written and published without input or review from the board.  

Library announces opening on Board of Trustees

MURRAY – President of the Calloway County Public Library Board of Trustees Lance Allison announced his resignation from the board at last night’s regular monthly meeting. Despite the surprise announcement, trustees are hopeful about finding a qualified replacement based on the overwhelming number of highly-qualified applicants who threw their names in the hat the last time there was an opening on the board.

“It’s been a joy,” Allison said.  “I appreciate everybody’s confidence in me to lead the board and then also just allowing me to be involved. I definitely want to think (Calloway County Judge-Executive Kenny) Imes for the opportunity that he let me have in coming onto the board.” 

Allison, who was first appointed to the board in October 2020 to fill the remainder of Winfield Rose’s term following his resignation earlier that year and has served as board president since November 2022, is stepping down to begin a new job in March as President/CEO of One Southern Indiana Chamber of Commerce and Economic Development in New Albany, Indiana.

“I specifically wanted to be on this board for two reasons,” he shared, “(One was) because I believe in the staff and the library, and my dad and mom – especially my dad – was a massive fan of this library; and the second reason was I felt like we needed to rally the board to be more positive and forward-thinking and less controversial and antagonistic towards the staff. I think that (in) the time that I’ve been on, we have had a fantastic group of people here and that we’ve done that.

“We had a lot of controversy around this new building. I think we can all agree that this, ultimately, was the best decision that was ever made for this library, and it’s going to have positive ramifications for 50 more years; so, I’m proud of that, but I’m proud of that because the staff and Mignon (Rutledge, CCPL executive director) and everyone led the charge on that and then we were a group of people that supported them on that. I got lucky; it’s been quite easy being on the board.”

Allison closed his remarks by saying that he is excited for the CCPL’s future. “I was thinking on the way here that I’m super excited because when we had the open position that Vonnie (Hays-Adams) refilled on her term, there was a room full of awesome candidates. So, if anything gets in the paper, I definitely want it to be all those people who applied (before), apply again because there wasn’t a bad apple in the bunch on those folks.”

When Hays-Adams’ previous term expired in August, 10 people, including Hays-Adams, applied for the open seat. The board voted to contact those previous applicants to see if they want to be included in the application process for Allison’s seat, but anyone who is interested is welcome to apply. Applications will be accepted from Friday, Feb. 16, until Friday, March 1.

In other business, Rutledge highlighted the high volume of patrons taking advantage of CCPL’s passport services during her director’s report. She praised Circulation and Passport Program Manager Sierra Foster for her hard work in meeting the demands for the passport service, noting that there are appointments on the books every day.

Although Rutledge, Business Manager Wyneth Herrington and Acquisitions/Collection Development Manager/Community Relations Coordinator Sandy Linn are certified acceptance agents and can process the applications, they are hoping to add another dedicated staff member for that service line in the near future.

President of 5253 Design Group Chris Cottongim, who attended the meeting virtually, reported that the roofing contractor found a few issues while investigating a roof leak and corrected them, noting that the repairs are covered by the warranty. Rutledge reported that there were no leaks following the heavy rains on Monday. 

In the financial report, Herrington advised that the library’s annual audit, which is usually presented at the February board meeting, was not ready and will be presented by the auditors next month.

Noting that tax revenue has continued to fill the coffers, Herrington said that, at the end of January, the library held around $229,000 in its checking account, $10,000 in its construction account and $3.3 million in its money market account, bringing CCPL’s total holdings to approximately $3.4 million. The next board meeting will be at 5:30 p.m. on Tuesday, March 12, at the library.

HB 509 seeks to fundamentally change the KY Open Records Act

By Amye Bensenhaver

The annual legislative assault on Kentucky’s open government laws has commenced in earnest, but this year with a vengeance. It is no exaggeration to suggest that the future of the Kentucky Open Records Act is at stake.

Sponsored by Rep. John Hodgson (R-Fisherville), Rep. Jason Nemes (R-Middletown), and Speaker David Osborne (R-Prospect), HB 509 establishes what The Bowling Green Daily Times once described as “a codified way to evade watchdogs, both in the press and the general public.”

BURYING THE LEDE

Behind an elaborate smokescreen of compliance with recent court opinions directing public agencies to assign public email addresses to “officers, employees, board members, and commission members. . .for the purpose of conducting the business of the public agency,” is a proposed statutory scheme that chokes public access off at its throat.

HB 509 establishes an extraordinarily high bar for determining whether a record is a “public record” subject to the open records law to begin with. In addition to the existing requirement that the record “is prepared, owned, used, in the possession of, or retained by a public agency,” HB 509 would require the record to “document, record, memorialize, or give notice to a person outside the public agency of a transaction or final action.” 

Thus, unless a record is not only “prepared, owned, used, in the possession of, or retained by a public agency” but also documents “a transaction or final action,” it is not a “public record” subject to the open records law. It is, for all intents and purposes, inaccessible to the public.

Think police internal affairs investigations, consultants’ reports, petitions in support of executive pardons, public official itineraries.

Ironically, for those who might seek to hold our sitting Governor and executive branch accountable through their public records, the sponsors provide a statutorily approved cloaking device.

WHAT IS AND WHAT MAY BE A “PUBLIC RECORD”

Because the starting point for analysis under the open records law is determining whether the requested record is a “public record,” and because the definition of that term is radically circumscribed under HB 509, little will remain to secure meaningful public oversight.

By way of example, the sponsors identify as “public records” the following:

• Awarding, issuing, or amending a contract;
• Spending agency funds;
• Issuing a fine or penalty; or
• Issuing a public declaration or announcement of an event,
occurrence, determination, or decision of the public agency.

Records, in other words, that could typically be found on a public-facing agency website.

Importantly, Hodgson, Nemes, and Osborne take it one step further, expressly excluding from the already substantially narrowed definition of public record:

• Preliminary drafts;
• Notes;
• Correspondence with private individuals, other than correspondence
which is intended to give notice of a transaction or a final action;
• Preliminary recommendations or discussions;
• Scheduling matters;
• Communications of a purely personal nature unrelated to any governmental function;
• Memoranda, emails, or text messages in which opinions are expressed or policies formulated or recommended; and
• Information or documents stored or retained on a device or email account that is the personal property of a current or former employee, officer, board member, or commission member.

What are now exceptions to the open records law that a court can order the release of — if the agency fails to prove it properly denied a request — will be entirely excluded from the application of the open records law under HB 509.

The sponsors deliberately cut a wide swath through the open records law, leaving little more for public examination than lawmakers left for public examination when they excluded themselves from the open records law in 2021.

“THE ROAD TO HELL IS PAVED WITH GOOD INTENTIONS”

“Proponents of such measures,” The Daily News noted in its 2022 editorial, “are always ready with talking points laying out their supposed good intentions. But we’re not fooled. Amid a national political climate in which anti-media rhetoric is a cornerstone of mainstream conservative campaigning, are we really expected to believe it’s just an innocent coincidence that state Republicans are flooding the zone with a series of anti-journalism, anti-free speech and anti-transparency proposals?

“[T]he GOP’s recent track record leaves little reason to give the party the benefit of the doubt. A preponderance of the evidence suggests many Republicans have become so intolerant of scrutiny and accountability that they are willing to legislate against transparency and the First Amendment.”

And so it is with HB 509. Its sponsors will no doubt profess good intentions aimed at addressing the pervasive use of private devices and accounts to conduct public business — a dubious argument in itself based on the language of the bill — but their aggressively anti-transparency agenda is the clear impetus for HB 509.

WHAT WOULD REMAIN?

In truth, nothing the Kentucky General Assembly has done in the past to chip away at foundational principles of the open records law compares with the devastation HB 509 will wreak if it is enacted into law.

Kentucky’s open records law, “once a standard bearer for accountability laws,” will be hobbled by a definition of “public record” that is confined to those least likely to “cause inconvenience or embarrassment,” thereby eradicating any right to meaningful public agency oversight and divesting the public of decades-old rights that ensure we remain our own governors.

(“A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.” James Madison to W. T. Barry, August 4, 1822)

Have we, at last, reached the point where “[p]oliticians who lack the maturity or the backbone to deal with criticism or opposing viewpoints” will succeed in “rig[ging] the game in order to make their jobs more comfortable.”

“This recurring theme in conservative politics is profoundly disappointing and frightening,” The Daily News concluded in its 2022 editorial. We, like the politically right leaning Daily News editorial board, “urge reasonable-minded elected officials on both sides of the aisle to firmly oppose all such misguided and dangerous efforts to undermine our freedoms.”

Editor’s note: The foregoing was originally published in the Kentucky Open Government Coalition blog on Feb. 13, 2024. 

City Council hears updates on public works projects

By Laura Ray

MURRAY – Thursday’s Murray City Council meeting featured a Public Works report, a report from Republic Services, which provides curbside recycling for the city, and an update on the water treatment plant project. 

Chairman Monty McCuiston reported that the Public Works Committee, which consists of Vice Chair Danny Hudspeth, Jeremy Bell, Wesley Bolin, Joe Darnall and Bonnie Higginson, met right before the council at 5:45 p.m. After hearing a plan from Republic Services’ Bobby Stewart, the committee voted to offer recycling for commercial businesses in Murray. The possibility of including businesses was discussed when residential services were instituted. Approximately 650 residential customers take advantage of curbside recycling services

Stewart reported to the council that Republic Services and the Public Works Committee had agreed to workshop a plan for the company to provide a proposal to amend the current contract. Sanitation Manager Ron Allbritten said that Murray produced 90.5 tons of recyclables in 2023. When asked for an estimate by Councilman Terry Streeter, Stewart replied that they measure by yard, so he could provide the pound per yard and that with single-stream recycling, it would be approximately one pound per yard for each business.

Next, Chief Water Plant Operator Paul Wood provided the council with an update on the water treatment plant project. Wood mentioned that this year marks his 25th anniversary working for the city and discussed memorable water main breaks across his tenure, such as the 2009 ice storm that coincided with a regionwide power outage. He recalled praying over the old plant’s emergency generator, which is over 30 years old, during the Dec. 10, 2021, tornados. The water plant system “needed a huge update,” Wood explained. 

The scope of the project included updates such as replacing the aging plant emergency generator, installing a new electrical building, replacing an old electrical panel from 1960 along with the controls and wiring, installing four new emergency generators at well pumps (which previously did not have a backup power system), upgrading the computer system that monitors and controls the equipment and replacing chlorine gas with a sodium hypochlorite generation system, which is a safer alternative. 

For the plant, this means quicker and safer water processing. According to Mr. Woods, the plant pumped about 1.2 billion gallons in 2023 and that, last month, 104,435,000 gallons had been treated. In January 2024, more than 4.5 million gallons were sold to the Dexter/Almo water district and over 1.5 million gallons were sold to South 641 water district. 

The final slide on Wood’s presentation concluded that now “We are better prepared for a natural disaster, our employees and community are safer, and our plant operators have better tools to treat our drinking water.” 

But what does this boil down to for citizens? As Mayor Rogers pointed out, the 2017 water main break not only caused inconvenience, but shut down restaurants and schools. Broken water mains can have a big impact on the community, he explained, citing that Murray businesses lose approximately $1.1 million is lost per day each day a water main is broken. Rogers went on to say that the water treatment plant project was paid for out of city resident’s water bills, but that the city also had to borrow money. 

Turning to board and commission appointments, Cheryl Crouch was reappointed to the Senior Citizens Board for a one-year term, while Dan Renick was reappointed to the Murray-Calloway County Hospital Board of Trustees for a four-year term. Municipal Order 2024-005 was also passed in a voice vote, appointing Tonya Wetherington to the Convention and Visitors Bureau to fill Vishal Patel’s unexpired term, which ends on Nov. 24, 2024. 

A residential parcel of land in the county on 94 West near the intersection of Rob Mason Rd was declared property surplus in a voice vote. It was explained that the property was originally purchased for wells, but that it was no longer needed and ready to be sold. Mayor Rogers stated that now the parcel was declared surplus, the city would advertise the sale. 

Lastly, the council went upstairs to the boardroom for an Executive Session to discuss pending litigation against or on behalf of the City of Murray. Mayor Rogers told guests that he was not expecting any further business once the council returned from Executive Session and no details were provided.

Community comes out en force to support local poet

By Laura Ray/For the Sentinel

MURRAY – Murray poet Charley Allen-Dunn celebrated the recent release of her chapbook, “The Scar It Leaves,” at a well-attended book signing and reading hosted by the Murray Art Guild Friday night. Set in the hills of her native western Kentucky, Allen-Dunn’s anthology addresses how childhood experience can shape adulthood. 

MAG Executive Director Debi Danielson said the crowd was impressive, estimating 50-60 people attended the event. Guests enjoyed refreshments as the local author diligently sold and signed copies of her new book for a line of fans both before and after reading a few select poems. 

First up was the book’s preliminary poem, “Until it pops,” which Allen-Dunn explained is about the “anticipation of something that you know is going to happen, and it’s not great and just that nervous anxiety.” In the poem, a child blowing up a balloon is used as a metaphor for “hating the buildup,” as the author described, and “knowing before you know,” as the poem itself reads. As its last stanzas point out, it is human nature that although one may know what’s in store, “We pucker our lips all the faster, and begin to blow.”

Allen-Dunn also read the poem from whence the book gets its title, which itself is entitled, ‘At what point do you stop reaching for the flame?’ In it, the poet has fun with phonetics, sounding out the word “hot.” Here is an excerpt:

Hot. HhhhhhoT.  

Drag it out,  

blow into the h,  

let it breathe and spread,  

then a quick ah and clip.  

Stop hard with the T.  

HhhhhhhhoT 

Let the h rumble like the purr of a motor,  

puff your cheeks around the o at 10 and 2,  

now slam the brakes. Throw your arm out.  

Let the h build like the heat as you move your hand closer, 

warmer, warmer, then touch it. The sharp inhale,  

the rapid recoil of the T. 

A blister already beginning to bubble. We feel the heat, 

we grow to expect the burn, we learn and remember  

the sharp sting that doesn’t fade for days.  

The scar it leaves.  

Before reading her moving and evocative poem, “There’s a poem in this place,” the Graves County native acknowledged the difficulty of growing up gay in this area.

“There’s an isolation that is hard to explain when you’re raised to think who you are is bad or that you should be ashamed,” Allen-Dunn explained in an interview. “There are elements of that in a lot of my work – the struggle to survive and break free from toxic relationships (with people or substances).”

Those who identify as LGBTQIA+ can struggle to feel accepted in rural culture and even within their own families, but the room was full of belonging on Friday night.

“I’m still wrapping my head around what actually happened,” Allen-Dunn posted on Instagram, reflecting on the evening. “It was unreal and I am blown away by the support of this community. It was so much more than I ever imagined. Thank you to everyone who was there. Thank you to everyone who wanted to be but couldn’t make it. Thank you, thank you, thank you. I hope you find something in the words I wrote you can carry with you. I hope it brings you comfort and serves as a reminder that no matter what path you’re on, you don’t have to walk it alone.” 

Charley Allen-Dunn (Photo by Robyn Pizzo)

“The Scar It Leaves,” which was published by Finishing Line Press, is available locally at Bolin Books or online at Bookshop.

Highly-anticipated ruling in open records case delayed

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HOPKINSVILLE, Ky. – With the exception of the bailiff, clerk and judge, everyone in Christian Circuit Court Courtroom 2 Wednesday afternoon traveled from either Murray, Paducah or Louisville to attend the summary judgment hearing in a lawsuit between Paducah television station WPSD-TV and Murray State University over public records. The hearing, which most anticipated would take hours and end with a ruling on the case, was over in 15 minutes because a logistics issue prevented the judge from reviewing the exhibits the parties filed with their pleadings. 

The Calloway Circuit Court case stems from a dispute over information MSU redacted when it produced records in response to two open records requests (ORRs) that WPSD submitted in the fall of 2022. Because a conflict of interest required Calloway Circuit Judge Andrea Moore to recuse, Christian Circuit Judge John Atkins was appointed special judge to preside over the proceedings; however, filings in the case still fall under the purview of the Calloway Circuit Court Clerk’s office, a technicality that became very relevant 11 minutes into the hearing. 

“I’m not sure why, but I don’t believe any of your exhibits were accompanying your pleadings,” Atkins said. “I didn’t realize that until yesterday when I was reading back through the file. So, if you would, please supplement the record with any such documentation. I will stand corrected, but when we do these cases by remote control, we can’t just stroll down the hall to the clerk’s office and pick up a copy of some stray pleading that we don’t have a copy of.” 

Atkins reviews a document during Wednesday’s summary judgment hearing.

WPSD’s counsel Rick Adams, an attorney with the Louisville firm Kaplan, Johnson, Abate & Bird, asked for clarification regarding whether the exhibits had not been filed or if they had not been forwarded from the clerk’s office in Murray to the judge’s chambers in Hopkinsville.

“I think they must’ve been filed (because) you all refer to them in your pleadings,” Atkins said, “but I just don’t think they made the trip over here.”

Linda Avery served as the Calloway Circuit Court Clerk for 17 years until she retired at the end of last year and was still in office at the time the pleadings Atkins referenced were filed. 

“Pursuant to orders of the Kentucky Supreme Court, attorneys have been e-filing in our courts for a while,” Avery said on Thursday. “If memory serves me, April 2023 was the date that the clerks could no longer accept conventionally filed pleadings in cases of this type. Consequently, all pleadings in all cases of this type have been e-filed since that date. While I was clerk, our standard process was to email filings to judicial support staff.”

Avery’s practice of emailing filings instead of mailing hard copies in cases where special judges had been appointed is consistent with the Supreme Court’s long-standing goal to transition from paper files to fully electronic case records. 

KYeCourts is the “sweeping, multi-year initiative to update court technology” in an effort to “meet the demands on the court system and enable the courts to stay current with the mainstream of law and commerce,” according to a press release from the Administrative Office of the Courts (AOC).

Updating the court’s technology infrastructure was a key objective for retired Chief Justice John Minton from the time he was sworn-in in 2008, the AOC release states. At the time, Kentucky was still operating a paper court system, putting the commonwealth years behind federal and other state courts in offering e-filing. 

Over the course of her tenure as clerk, Avery watched the e-filing system develop. In a Murray Ledger & Times article announcing her retirement, she discussed how the advent of e-filing altered the role of circuit clerks in the filing process. 

“Before electronic filing, lawyers used to call me, and I would meet them and take a filing before midnight so it would be current,” Avery said. “With electronic filing, we don’t have to do that anymore. I’ve seen the office evolve from a fully paper office to a hybrid paper/electronic filing, moving toward a complete electronic record.” 

E-filing has been available in every county in the commonwealth since 2015. The Supreme Court began ordering mandatory e-filing in specific types of case in July 2022. The court continues to incrementally add to the list of case types that fall under mandatory e-filing. At the present time, e-filing is mandatory for attorneys in 46 different types of cases, and beginning March 1, district, circuit and family court judges will be required to enter orders electronically (e-orders) in those case types as well. 

When the statewide roll-out of the e-filing system began in October 2014, 1,800 documents had been filed electronically in the pilot counties. Fast forward to September 2023 when current Chief Justice Lawrence VanMeter noted in his order regarding mandatory e-orders that the system had processed 5.6 million e-filings to date.

“We’re finding that people are filing their cases on weekends and after-hours,” Minton said at an event promoting the statewide roll-out in 2014, according to a McClatchey News Service article. “It makes the court system much more accessible.”

Eight years later, in his final State of the Judiciary address, Minton credited the KYeCourts initiative as the key achievement across his 14 years as chief justice. He noted the system’s growth to include e-warrants and e-EPOs (emergency protective orders) and thanked the General Assembly for authorizing $14.7 million in American Rescue Plan Act funding in 2021, allowing the further expansion of e-filing as well as the creation of a portal for self-represented litigants and payment kiosks, among other things.

“Public institutions face a growing demand for services on digital platforms that are easy to use and easy to access,” Minton said. “Our technology must continue to evolve to meet the changing needs of modern society.”

But the progress made over the last decade was not evident Wednesday afternoon. 

Atkins, who was reelected for his fourth eight-year term in 2022, began the hearing by sharing that his typical procedure in summary judgment hearings is to ask the attorneys how they would like to proceed and noted that, most of the time, they choose to rest on their pleadings and let the case stand submitted without engaging in oral arguments. 

“This case has been briefed as well as, or better than, most any case I’ve ever had,” Atkins said. “You all have traveled a long way to get here and probably are more interested in having something to say than most of the lawyers are in a situation like this, and I’ll be glad to let you have your say. If you prefer to stand on your pleadings, that’s fine.” 

Before hearing from counsel, Atkins asked them to consider limiting the scope of the dispute to one issue to expedite the proceedings. 

Adams spoke first and noted that, over the course of the litigation, the dispute has been “whittled down” from thousands to a few dozen redactions. He advised that he was prepared to argue two issues – that the propriety of MSU’s usage of attorney-client privilege and other exemptions should be adjudicated and that MSU’s actions to date constitute a willful violation of the Kentucky Open Records Act. 

“Essentially, we’re here 14 months after an open records request was filed, and the law requires records to be produced within five days,” Adams said. “There are things that happened in those 14 months that, we believe, are sanctionable under the statute.”

Atkins told Adams he made a good point but advised his preference is to defer ruling on the willfulness issue until he has been able to examine the unredacted records and MSU’s redaction and privilege logs to ensure all of the redactions were properly made, a process known as an “in camera review.”

“If you don’t think that is crucial,” Atkins said about the necessity of reviewing the records in camera, “and if you bite on what I’m suggesting, then we can decide, really, honestly, to defer ruling on summary judgment to give you all a chance to, in good faith, to try to address the specific matter that I have raised.” 

Neither attorney appeared to “bite.” 

“To date, unfortunately, WPSD has not explained to us which specific records are at issue,” said MSU’s counsel Alina Klimkina, an attorney with the Louisville firm Dinsmore & Shohl. “If the focus of the issue has really been narrowed to the (attorney-client) privilege documents, we’re talking about 10 documents, which contain some redactions – minor redactions, might I add – which I identified on, of course, Murray State’s privilege log that has been produced as Exhibit 7 to our response. Your Honor, the records which have been redacted based on attorney-client privilege, if that is all that is at issue, we are confident your Honor will find that those documents are privileged.”  

Regarding the accusation of willfulness, Klimkina said MSU has “repeatedly undertaken diligent efforts to produce and provide everything that has been requested. What is at issue here is not some smoking gun. Your Honor, we’re talking about very specific, minute redactions, and there’s absolutely no evidence or suggestion, even remotely, of any kind of willful conduct, let alone of bad faith. Sanctions are completely inappropriate.”

Adams agreed that the dispute was over significantly less redactions than it was originally; however, he disagreed that all of the records were properly redacted but added, “We’ll certainly accept the court’s ruling on the privilege issue after the court has viewed the documents.”

“I will say you all have me at a disadvantage,” Atkins said before explaining that he had not been able to review the exhibits filed with WPSD’s motion and MSU’s response and, therefore, had not seen the university’s redaction and privilege logs. 

“I apologize that slows you way down, but I wanted to be clear I have not had a chance to review some of the documents that I am confident you believe are of great importance,” he continued. “So, supplement the record with whatever pleadings that you feel need to be placed in the record, (or) it might just be simplest if you just have the clerk send me the court file. I know some clerks don’t like to do that, or I could reach out to the clerk’s office… I’ll just take that on.”

Klimkina offered to leave the hard copies of the exhibits she brought with her, and Atkins accepted. After a brief discussion clarifying the process for the in camera review, the hearing concluded.

“Judge Atkins deferred his decision on the motion for summary judgment (because) he has not had an opportunity to review the underlying records that are at issue in this case,” Adams explained in a post-hearing interview. “So, we left those today, which will help color the arguments that the court has already read. Then after this, we will go back and submit, in camera, every document that has been produced in this case for the court to review and determine which redactions are appropriate.”

When asked about a potential timeframe for the judge to make a ruling, Adams could not speculate. 

“He can act as quickly as he wants,” Adams said. “Open records cases should take priority on the docket, but with the logistics of getting documents transferred from Murray to Christian County, it would be hard to speculate.” 

Calloway Circuit Court Clerk Melinda Starks said that her office reached out to Atkins’ office on Thursday to find out which exhibits he is missing. As of the close of business on Friday, they had not heard back.

Editor’s note: Stories on this page were written without input or review from our Board of Directors

Judge to hear sides in open records dispute

By Jessica Paine | Jan. 24, 2024

MURRAY – A 15-month conflict between Paducah television station WPSD-TV and Murray State University over public records, which has resulted in an appeal to the Kentucky Attorney General as well as the filing of a civil lawsuit, may come to an end today as the parties are scheduled for a summary judgment hearing this afternoon. 

WPSD filed the suit against MSU in Calloway Circuit Court in March of last year over the university’s redactions to public records it produced in response to two open records requests (ORR) submitted by the television station in fall 2022. Aside from MSU’s initial response to the complaint, there was no action in the case until WPSD filed its motion for summary judgment on Nov. 13, 2023. 

In a civil lawsuit, a party may bring a motion for summary judgment before the court when it believes there are no material facts to dispute in the case. A motion for summary judgment is similar to a motion to dismiss in that it is a dispositive motion; however, a motion to dismiss is a request for the judge to assess the merits of the initial complaint, whereas a motion for summary judgment takes all pleadings filed in a case into consideration in addition to any evidence or affidavits that would be presented at trial. 

In its motion, WPSD accused MSU of willfully violating the Kentucky Open Records Act (KORA), claiming that “a cursory review” of MSU’s redactions shows willful misapplication of the exemptions permissible under KORA, and concluding the university’s intention has been “to withhold information it would rather not see the light of day.”

The university’s response to the motion characterizes the television station’s lawsuit against the university as “nothing more than an attempt to harass and unduly burden (MSU), and this Court, in hopes of generating a story that does not exist.”

Murray State has produced over 1,000 pages of records since November 2022, including 52 pages on Nov. 4, 87 pages on Nov. 29, over 750 pages on Dec. 19 and 162 pages on Feb. 16, 2023, and has continued to produce records over the pendency of the litigation, as recently as Oct. 3. WPSD, however, still disputes the redactions on 21 records, taking issue with the university’s use of attorney-client privilege, preliminary records and personal privacy exemptions to justify its redactions. 

The motion includes the image of a heavily-redacted email produced by MSU for which it claimed the preliminary records exemption as well as the image of an unredacted version of the same email, which WPSD reporters obtained from a different source. 

“It is clear there is nothing at all ‘preliminary’ discussed in the email,” the pleading states, adding it is a directive from university administrators to an employee* to keep them apprised of any developments regarding a specific situation. 

WPSD contends that, even though the university eventually unredacted the body of that email, “it is still willfully refusing to un-redact the name and email address of the MSU administrator that was forwarded this email thread by preposterously claiming that that information is somehow ‘preliminary’ to a policy decision yet to be made by MSU.” 

In its response, MSU argues that it properly withheld preliminary records and properly redacted records pursuant to the attorney-client privilege and personal privacy exemptions. The university further argues that there is no basis for WPSD’s claim that it willfully violated KORA as it acted in good faith to comply with its obligations. 

“What began with WPSD’s attempts to obtain documents … has devolved into litigation challenging discrete, inconsequential redactions MSU made in the hundreds of pages of records it produced,” the response states, adding, “the redacted information has nothing to do with WPSD’s actual requests.” 

Referring specifically to its redaction of forwarding information on transitory emails, the response states that, “had MSU understood that these redactions served as the basis for WPSD’s apparent belief that MSU has violated the Open Records Act, MSU would have offered the benign emails … in a show of good faith in order to extinguish WPSD’s concerns that these emails somehow contained material responsive to its requests.”

WPSD’s motion also requests that the court review unredacted versions of the disputed records.

“WPSD is not required to simply take MSU’s redactions at their word,” the motion states. “Because WPSD cannot view the responsive records in question, this Court should determine the propriety of MSU’s remaining redactions.”

MSU’s response states no objection to that request; however, it does note that the redaction logs and attorney-client privilege logs previously provided to WPSD which were filed as exhibits to the motion for summary judgment should be sufficient to provide the context necessary to determine the appropriateness of MSU’s redactions.

The hearing on WPSD’s motion for summary judgment is scheduled for 2:30 p.m. today. Although it is a Calloway Circuit Court case, the hearing will take place at the Christian County Justice Center in Hopkinsville before Christian Circuit Judge John Atkins. Atkins was appointed as special judge to preside over the case after Calloway Circuit Judge Andrea Moore recused herself due to a conflict of interest.

Editor’s note: The above-referenced employee is Chad Lampe, who now serves on the Sentinel’s Board of Directors. This story was written and published without input or review from the board.  

Lessons learned through community activism (OPINION)

By Benson Jones/For the Sentinel

Murray has always been my home, and I imagine that Murray will continue to be my home in the future, no matter where I am. When I moved away for college, l took pride in telling people that I came from the small town in western Kentucky that was home to Murray State University, but in the summer of 2020, I was embarrassed to call Murray my home.

In the Fall of 2007, my family adopted my little brother from Liberia, West Africa. At that moment, our family became a mixed-race family, and throughout the years, following the adoption of my brother, our eyes were opened to the way that others viewed how our family should look or did not view my brother as a part of our family, at first glance. 

I have also observed how proud the community is of its Christian roots. There are numerous churches in our small town, and I have had an opportunity to participate in many local church congregations. So, when the debate over the monument came to the forefront of the community conversation, I was surprised by the stance that many in the religious community chose to take. As a practicing Christian, l was very disappointed in the response (or lack thereof) from the churches and self-proclaimed Christians of Murray during those times. 

Isaiah 40:18-19 resonated loudly with me at the time, “To whom then will you liken God, or what likeness compare with him? An idol [or a statue]! A craftsman casts it and a goldsmith overlays it with gold and casts for it silver chains.” It spoke to me, as someone who believes that all of human race was created in God’s image, in a way that, I believe, clearly outlines the stance that a Christian should not take on idols. I believed that, as a community, we had the chance to stand against idolatry, as Shadrach, Meshach and Abednego did in the book of Daniel.

To help facilitate that, I organized a prayer walk in August 2020. The motivation for the event was to bring unity under a common name (the name of Christ), advocating and praying for a change in the hearts of those hardened and blind to the truth of our own country’s history and how we should treat one another as “image bearers”.

This event was specifically geared towards the Christian faith community of Murray. In the Christian faith, prayer is a powerful way that believers in Christ are able to personally communicate their hearts, desires, concerns and struggles; confess sins; plead for change in the lives of others; and build a greater relationship with the God of the universe. 

In the instance of the monument in Murray’s town square, the Bible of the Christian faith distinctly offers the idea that all of mankind was created in the image of God (Genesis 1:27). There is no difference between others in what is called being “image bearers” based on the color of their skin. Rather the Christian faith holds that all of mankind – regardless of skin color – is on the same footing when it comes to existence in this world and there is no qualifier to be saved in Christ based on the color of one’s skin (1 Timothy 1:8-10). Therefore, the goal of the prayer walk was to pray for those with hard hearts, supporting a hateful symbol, to see the negative impact it has on the community.

Surprisingly, organizing the event was not difficult. There were some safety concerns, both with covid at the time and other physical factors. Prior to the walk, there had been one or two outbursts of violence associated with other events in support of moving the hateful symbol of the statue, not to mention the threat of violence evidenced by the open carrying of firearms by supporters of the statue. So, we contacted the Murray Police Department to accompany us while we walked on roads and for safety in the event of violent opposition. 

Of course, it was August of 2020, so we also had to make arrangements to make clear that those worried about COVID should either wear masks and social distance or forego coming to the event for health purposes. 

We determined a route for the walk that was simple and not too long. There were many churches and pastors in Murray that were very accommodating and helpful. My system was basic – I asked people I knew for the contact information of people they knew, then cold-called those people, asking if they would be willing to attend. At the end of the walk, we had a moment (maybe a song or two) of worship singing, and one of the churches was very accommodating with their sound equipment so that everyone in attendance was able to hear what was said and sung. 

But the experience also came with some lessons about community activism, namely that everyone is not always as you had held them out to be in your own mind. I struggled with disappointment and anger at the time with the realization that some pastors and churches either refused to be involved or associated and others did not even return my calls and therefore distanced themselves from the issue. It is important to learn that just because someone says they are on your side; they are not necessarily truly on your side.

Nonetheless, the event went smoothly and as planned. No violence occurred, thankfully. It went exactly as it had been imagined. I think, at the very least, the immediate impact was realized – to bring many different parts of the Christian community, and the larger community overall, together. In doing so, we hoped that prayer would bring this issue, which is clearly scriptural, to the forefront of the minds of the attendants.

The truth is the hopeful outcome of the event may not have been material. When it comes to something such as prayer, it is hard to truly tell the ultimate outcome until years later. However, in the inception of the event, the hope was to use something that those professing to be followers of Christ knew to be true – that all men are equally image bearers and equally sinful (Romans 3:23) – and bring the community together to ask God to change the hearts and minds of those people that had the ability to move a hateful symbol from the center of our town.

Benson Jones is a recent graduate of Chase School of Law at Northern Kentucky University and currently works in the legal department for the Fortune 500 company TQL at its Cincinnati headquarters.

Editor’s note: Jones is the brother of Sentinel Editor Jessica Paine.

Behind the camera: Reporter reflects on protests (OPINION)

By Dave Thompson/For the Sentinel

Driving up to the Court Square the evening of July 15, 2020, my nerves were already frayed.

Less than two months earlier, in Paducah, I’d seen a small cloud of protestors blossom into a supercell that marched miles with a level of intensity that rocked my nice-white-liberal understanding of race relations.

A subsequent protest in Grand Rivers had featured tense exchanges with bystanders, and in Benton the presence of an armed group of onlookers rattled not only protestors but seasoned journalists.

But Murray felt different.

Whether it was the very physical icon of slavery and segregation drawing energy like a lightning rod, or the well-coordinated efforts of Sherman Neal and other protestors not to let the moment fizzle and die, Murray felt more focused. 

Unlike many other communities where all the righteous anger brought about not much more than nebulous “dialogues,” Murray had a tangible goal that struck right at the heart of the identity politics of the pro-confederate south: Take down a monument of Robert E. Lee. Across the country, specific, focused efforts to remove confederate flags or monuments seemed to attract more outrage than your average nonviolent march for racial equality.

Murray was no exception. We all got an education in 2020.

Living all my teen years and most of my 20’s in Virginia, pro-confederate perspectives were nothing new. In Appomattox County, the Richmond-based Museum of the Confederacy had opened a state-of-the-art satellite location that I reported on for the local newspaper. I’d visited the primary location in Richmond, transfixed by artifacts and original documents that would make any history lover’s head spin. 

I never bought into the “lost cause” mythology myself, and while I always would have cast the longest side-eye at anyone who claimed the war’s primary cause wasn’t slavery, I kept (for the most part) civil relations with many people I “agreed to disagree” with on the causes of the war. Most people I ever interacted with regarding any discussion of the war maintained some veneer of the academic. 

Certainly, the rebel flag lived on shirts, bumper stickers, historic displays and celebrations of rural southern culture. I always knew there were more intense, angry supporters of the Confederacy. I wasn’t living in Virginia in 2017, when a young woman named Heather Heyer was killed while counter-protesting at a white supremacist rally opposing the idea of removing another Robert E. Lee statue.

I’d never in person seen a concentrated pro-Confederate group together, fighting with their backs against the wall until July 15, and Charlottesville’s tragedy loomed large in my mind as I approached the courthouse. 

The protestors must have arrived first, because by the time I rolled up, the evening the Calloway County Fiscal Court had voted against efforts to remove the monument, they had staked out the space directly underneath Lee’s likeness. It wasn’t long after I arrived that I snapped a photo that will live in my memory forever. A young woman protestor, masked as a precaution against COVID-19, displaying a sign reading “tear it down,” staring down a decades-older bearded man making an obscene gesture toward her or her sign.

The woman I would shortly learn was Linda Arakelyan, a student at Murray State University, while I wouldn’t learn the man’s name until later, and I never interacted with him. Arakelyan told me in an interview that, while she felt threatened by some of the counter-protestors, she found protesting to be empowering and eye-opening. Good for her, because at that time, I wouldn’t have stood in her shoes for anything. The confrontation, while not physically violent, was far from civil.

Protestors against Lee’s statue brought up comparisons with Germany where Nazi icons are not allowed to be displayed. Counter-protestors tossed out an occasional n-word, some tried to “reason” that Black people are more prone to criminal behavior, and while the pro-statue crowd sometimes criticized protestors for swearing, some in their own number threw out phrases like “ni**er loving son of a wh*re” with no opposition from within their group.

That evening is seared into my memory. I reported on multiple other protests in Murray, but the continued pressure never materialized in change. Lee, who owned slaves and fought for a movement dedicated to continuing and protecting the right to traffic humans, still stands tall at the site where the government placed a privileged space for white residents as similar segregated spaces proliferated across America and cities sought to legally keep Black citizens as second-class residents.

There was no physical violence in Murray on July 15, but it was far from “peaceful.”

It’s so telling that the first question many will ask about any racial justice protest is “was it peaceful?” Yes, some protests were beset by violence and property damage, but it seems so disingenuous to make “peace” a prerequisite to deem a protest legitimate or acceptable.

Is it not rational to expect anger, strong language, forceful demands when confronting a continued cultural violence that’s beset our country for centuries? A violence that first touched our shores when ships carried slaves to the “new world” among the earliest European settlers.

In violence, half of our country refused to give up the dehumanizing enterprise of slavery until half a million Americans died in a brutal war, and even then refused to accept the basic humanity or Black people and fought hard against giving them basic human rights.

In violence, the post-confederate South drove Black residents out of “sundown towns” like Benton, Ky., destroyed prosperous Black communities like in Tulsa, Okla., brought literal coups against majority-Black elected governments like in Wilmington, N.C. Decades of lynching and legal segregation continued that pattern of violence, meeting the nonviolent resistance of Martin Luther King, Jr. with force and then targeting people of color for prison (and by extension free labor) under the veneer of “criminal justice reform.”

We continue that violence to this day in blatantly racist gerrymandering laws and opposition to protecting voting rights, meeting any attempt to remedy these centuries of oppression with scorn and opposition while claiming racism somehow magically disappeared some time between the Civil War and now.

And above it all stand the shadows of Robert E. Lee, Jefferson Davis, Stonewall Jackson, Nathan Bedford Forrest, along with scores of politicians who fought against human rights memorialized in statues and busts and holidays and the names of streets and schools across America.

No, no one got injured on July 15. But the defense of Lee’s likeness represents the heart of the violence that America still inflicts on its Black population.

I can’t conclude without touching on another irony of massive proportions. Defenders of the statues are quick to claim that the statues represent “history,” and that removing these monuments lovingly commemorating the fight for slavery is somehow akin to “erasing history.” “Learn from history or repeat it,” they say. And yet, this group refuses even to acknowledge the roots of its own history. Who is doing the erasing?

Take Nikki Haley. Last month, Haley, a presidential candidate, somehow couldn’t find the word “slavery” in her answer to a question regarding the cause of the Civil War.

It’s ironic because Haley previously served as governor of South Carolina, the first state to secede in 1860, which explicitly tied its secession to slavery, particularly the “increasing hostility” of the non-slaveholding states and their refusal to enforce fugitive slave acts.

Whether through genuine ignorance as a victim of the “lost cause” mythology that has sought since the war to frame the slaveholding states as principled defenders of “states’ rights” for whom slavery wasn’t a primary issue, or through a political cynicism capitalizing on pro-confederate conservative votes by refusing to offend their delicate sympathies, Haley demonstrated just how much history has been erased by these staunch defenders of memorials to human traffickers.

But the erasure is deeper than that.

Because even Lee and Jackson and Forrest stand on the shoulders of Thomas Jefferson, George Washington and James Madison, our glorious “founding fathers” who wrote or affirmed that “all men are created equal” while refusing to practice or guarantee human rights and expanding the country’s territory while slaughtering millions of its earlier inhabitants.

America loves to erase. Anything that puts our heroes or our policies or our history in the slightest negative light gets whitewashed or erased or reframed to the point where we can’t be trusted. If we can’t tell the whole truth about the genocide of the indigenous people, about the significance of the slave trade to the building of our country, about the cause of the Civil War, the violence of Jim Crow and the carceral state, how can we be trusted to tell the truth about anything?

It’s time to stop the violence, stop erasing our bloody, brutal history and stop celebrating and defending the people who fought to keep in place one of the worst systems of oppression in world history.

Dave Thompson is a former journalist and photographer who reported for outlets in Virginia, Kentucky and Massachusetts. He has also worked in advocacy and educational media. He visits New England beaches as often as possible, listens to too much Taylor Swift, loves classic literature and history podcasts.

Photo by Dave Thompson for the Paducah Sun.

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