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Bolin Books celebrates Independent Bookstore Day

MURRAY – Since 2013, the final Saturday in April is celebrated as Independent Bookstore Day. Not unlike Record Store Day, which was last Saturday, the American Booksellers Association (ABA) established the day to highlight, promote and celebrate the value of the indie bookstore community. 

 Tomorrow (Saturday, April 27), Bolin Books will join more than 900 independent bookstores nationwide in commemorating the day. The bookstore, located at 304 Main Street, is celebrating with extended hours – they will be open from 9 a.m. to 6 p.m. tomorrow, instead of the usual 10 a.m. to 5 p.m. There will be giveaways all day, and younger children are invited for storytime at 11 a.m. and 2 p.m. 

“Independent Bookstore Day is all about celebrating what independent bookstores bring to their community,” explained Whitney Bolin, co-owner of Bolin Books, which is the only ABA-member bookstore in western Kentucky. 

“It’s a push to get everyone, all at once, to come out and support independent bookstores,” she said, “and it’s also (a way) to say, ‘We’re here. You can come to us and pick out a book instead of having to wait a couple of days to have it shipped to you; and, like all small businesses, when you buy from us and you support us, you’re bringing money to Murray or keeping it in Murray.’”

Regardless of what day it is, indie bookstores have the potential to fill unique roles in their communities by offering spaces where people can “meet and talk and chat and bond over books.”

“It’s a place for people to be able to talk about books and to come and sit for a while,” Whitney said. “It’s all about community. (As opposed to a chain bookstore) that feels very commercial. They’re big because they offer everything, and everything is new.”

Bolin Books is primarily a used bookstore, which, according to Whitney, can be advantageous for an avid reader but also for the community at large. 

“You can buy a couple of books and not feel like you have to weed out – although, if you’re a big reader, you still have to weed out from a big, tall stack,” she said and laughed before adding, “It allows us to have lower price points because we are a used bookstore, which allows more people to have access to more books.”

The Bolins rely on different sources to stock their shelves, with a main source being donations from patrons. While they accept all donations, they would prefer that donors keep their magazines and encyclopedias at home, mostly because the store lacks the space to house them but also because there is no market for them. 

They also have some “remainders” on offer, which Whitney described as “new-ish” books., “extras from the publishers that we buy from wholesalers.” Other sources include library sales, thrift stores, yard sales. 

“Anywhere you can find books, we’ve probably shopped there,” she added. “We’ve put lots of miles on our car.” 

Another benefit of independent bookstores is the personal touch they can bring to the experience.

“We hire people who love books,” Whitney said. “So, if you’re getting back into reading or you’ve kind of run through all the things you knew about, and you’d like to talk with someone about what to read next, you can say, ‘I’m looking for something cozy,’ or ‘I’m looking for something that going to really scare me.’ I had a young girl come in and ask, ‘I want a book that will make me sob. Help me find a book that’s just going to make me cry.’ We can help people find out what they like to read.”

The idea to open a bookstore came during the pandemic. Whitney said she and her husband Wesley were spending more time at home. “We were talking about what we want our life to look like, and he brought up the idea of what if we did open up a bookstore – because we don’t even have, like, a Barnes & Noble or a Books-A-Million here – and I told him, ‘Well, I’ve actually had this dream since I was a little, little girl.’”

The couple had been selling used books online for years already, so “it just felt like the natural fit.” With that, Wesley, who is a teacher at Murray High School, spent summer break sourcing books, and the couple began cataloguing their inventory at home. 

“I think we brought 75 cardboard boxes of books when we started,” Whitney recalled. 

The Bolins had inventory, but they had yet to find a location. They knew they wanted the store to be downtown. In August 2022, they were still scouting buildings when Wesley’s father, Murray State University history professor Dr. Duane Bolin, suddenly passed away.  

“Duane was also a big reader,” Whitney said. “The house that Wesley grew up in is wall-to-wall bookshelves. So, Duane was so excited; and we thought (since) he’s retired and Evelyn, his wife, is retired as well, so we thought it could be kind of a family project that we could all work on together.” 

Not long after the funeral, a store on the 300 block of Main Street opened up, “and everything just fell into place.” Maximizing Wesley’s time off for Fall Break, the couple started moving in October. The store was open for business in time for MSU’s Homecoming Weekend, which features a parade down Main Street.

What started with two rooms of books and has now grown to three, but they have no intention of stopping there. Whitney said they have plans to renovate upstairs. At present, the second floor of the building, which was built in the 1880s, is completely unfinished and has no electricity. The new space would allow them to host events, like readings and book clubs.

“Right now, our space isn’t suited super well for those,” Whitney acknowledged. “You can really only fit 10 adults max in each of our rooms.”

The first phase of renovations will include removing the concrete blocks sealing the upstairs windows and putting up a sign. Whitney said they are anxious to get the sign, but that will have to wait until the new windows are installed.

“We would like to do as much historical preservation as we can,” she added. “That’s something that Wesley really loves and cares about.”

Reflecting on the past year and a half of being a small business owner, Whitney said she was surprised at just how much she has had to learn. There were obvious things, like sales tax and payroll taxes, but some of the lessons learned were more subtle. 

“It’s a roller coaster, owning a small business, because there are fat times and there are lean times,” she said. “Especially when you’re new, you don’t have data to go back to and say, ‘It’s going to be okay; January and February are slow because it’s cold and people don’t want to leave their houses.’”

Another surprise Whitney shared – “Books are heavy. I have to say I am glad I did some weightlifting in the years before we opened the bookstore, which has been a great benefit. It’s more physically taxing than I – I mean, I knew but hadn’t thought through that part.”

But perhaps the biggest surprise for Whitney has been how the community has turned out to support their entrepreneurial endeavor.

“Which, I should not be surprised about; I love Murray for a reason,” she said. “And we do this here for a reason. There are other bookstores in town but none of our size and selection. Part of our mission with our bookstore is we very much want everyone to feel welcome because we want books to be accessible to everyone. That’s an important part of owning a bookstore for us.” 

Park committee gets update on efforts to deter vandals

MURRAY – In a brief special called meeting Tuesday, the City of Murray Parks and Recreation Committee heard an update on several projects going on in the city park system, including how administrators plan to use technology to reduce vandalism of park facilities.

Murray-Calloway County Parks (MCCP) Director Mike Sykes told committee members that cameras are continuing to be installed throughout the park. Most recently, two were installed at the main office.

“I’m not going to be able to see everything,” he said, “but I want to make sure that I can see the places where we do have issues.”

In an interview, Sykes explained that most of the vandalism occurs in the bathrooms, and his goal is to have cameras outside of every one.

“Obviously, I can’t put a camera in the bathroom,” he said, “but having the cameras on the outside, timed with when things are (more likely to be) vandalized helps us with our insurance and everything else.”

At the meeting, Sykes said that he is looking into a system that automatically closes the bathroom doors. The system would also allow him to lock the doors remotely at the end of the day.

“They’re not that costly,” he said. “Vandalism is going to cost us more money in the long run.”

Sykes told the Sentinel he is hopeful that the door modifications will solve a lot of the problems, particularly with the bathrooms at the MCCP office, which are currently open at all times and frequently vandalized.

“I would put those closers and the locks on them,” he said, “but if you look at the doors, you can see where they’ve been kicked in. So, I can at least have them on camera when they’re kicking the door in.”

With Memorial Day weekend just around the corner, Sykes informed the committee that the process of getting the pools ready for opening day was underway.

At the time of the meeting, leaf and debris removal was complete, and staff were waiting on the water to be turned on to begin pressure washing the pools. Sykes explained that when the water is shut off for the winter all of the toilets are disconnected, and plumbers have to reconnect the toilets before the water can be turned on.

According to a post on the MCCP’s Facebook page yesterday evening, the water is on, and the cleaning process has begun.

The pool officially opens for the 2024 season on Saturday, May 25, at 11 a.m.

“The Saturday of Memorial Day weekend is what we shoot for,” Sykes told the Sentinel. “I’ve not missed that date, so knock on wood…”

Pool passes are now on sale for $50. The price goes up to $60 on June 1 and drops to $35 after the Fourth of July.

Passes can be purchased at the MCCP office, 900 Payne Street, Monday through Friday from 9 a.m. to 4 p.m., or online at mccparks.recdesk.com. If purchasing passes online, it is necessary to create an account and login first.

In other business, committee member Monty McCuiston presented a request for a pay raise for two maintenance staff. Sykes advised the $2 increase was necessary to bring the pay rate for those positions in line with fair market values.

McCuiston reminded the committee that the budget includes a position that was eliminated, so the necessary funds can be reallocated from that line. The committee approved the request, with the raises going into effect immediately.

City Administrator Jim Osborne advised of a request from the local Pi Kappa Alpha Fraternity chapter to use the dog park for a charity event on Monday, April 29, which the committee approved.

All actions were approved unanimously; however, committee members Jeremy Bell and Linda Cherry were not present at Tuesday’s meeting.

McCuiston reported receiving an email from Jane Shirley, advising that the charity triathlon she discussed with the committee at the beginning of the year, the proceeds from which would go to MCCP, was cancelled due to circumstances preventing the county from closing all of the county roads along the route.

He said he wanted to pass along her “praise and appreciation for the parks and recreation board for their cooperation for the proposed triathlon as well as the mayor and the City of Murray.”

“We appreciate her effort,” McCuiston added. “Sorry it didn’t work out for us.”

Before adjourning, committee member Grant Rudolph asked for an update on the demolition of the batting cages in Central Park. Osborne advised that once the items to be surplussed are removed, the cages are ready to be demolished. Sykes said that he will provide a list of items for surplus so that process can get started.

The next parks committee meeting will be at noon on Tuesday, May 24, at City Hall.

The story of Josh Gibson delivers a grand slam (OPINION)

By Constance Alexander | April 22, 2024

Dorian Hairston’s poems in “Pretend the Ball is Named Jim Crow” should be required reading for everyone, especially those who strive to outlaw the concepts of Diversity, Equality, and Inclusion in education and everyday life. This striking debut collection introduces readers to Josh Gibson, the greatest catcher ever to play the game and one of the foremost power hitters in the Negro Leagues and in all baseball history.

For decades, players like the Negro Leagues’ Gibson and Satchel Paige were breaking records, yet their achievements were not elevated to Hall of Fame status until 1962, when Jackie Robinson was the first Black to be inducted. Ten years later, Josh Gibson was finally elected to the Hall of Fame posthumously.

Like so many aspects of our nation’s history, even sports was permeated by bigotry and exploitation. Righting those wrongs begins with knowledge and awareness through books like this one.

According to Dorian Hairston’s introduction to “Pretend the Ball is Named Jim Crow,” a quote from baseball great Willie Mays provides context: “Baseball is a game, yes. It is also a business. But what it most truly is is disguised combat. For all its gentility, its almost leisurely pace, baseball is violence under wraps.”

Each poem in this unique collection is presented by an individual voice. Readers encounter Gibson himself, as well as his wife; his children; and Hooks Tinker, the scout who discovered him. A bat even speaks, describing Gibson’s gentle grip as he lifts it off the ground and swings.

When we finish up with our little dance

he likes to toss me off to the side

so he can take a quick lap around the bases.

“As you read these poems,” Hairston says, “I implore you to consider why there was a need for the Negro Leagues in the first place.”

Advised to “steal bases like they/ stole this country” and “belt ‘Lift Every Voice and Sing’ during they national anthem,” Gibson urges his Negro League team members to “…pretend the ball is named/ jim crow.”

The biography is laced with Gibson’s tragic family history. His father moved the family north, from rural Georgia to the Allegheny and the Monongahela, for grueling work in a steel mill. At first following his father’s footsteps, Josh got a job in the mill at 17, likening the whistle announcing his shift to the rooster crowing before sunup.

Some of the most moving poems feature the love story of Josh and his wife, Helen, who died in childbirth after delivering twins. The boy and girl, Josh Jr. and Helen Jr., were named after their parents and their laments are stitched into the fabric of Gibson’s tale.

“Home Run #1” addresses Helen and captures the sadness of her death, prompting Josh to “pretend/ each ball can fly its way through/ the stars to you.”

“The Magician,” spoken by Josh Jr., reveals how the son’s connection to his father and “the best Negro League stars as uncles,” makes him a top choice in pick-up games in the neighborhood.

Helen Gibson Jr. confesses to a longing for the mother she never met in the poem, “Mama and Her Daughter.” The mother, in a stylish dress with white buttons, resembles a goddess to Helen Jr. who daydreams about a mother-daughter relationship she will never have.

From one poem to the next, the stunning collection is a crash course in baseball’s past and Jim Crow, giving voice to a voiceless generation of African Americans, including Josh Gibson.

In “Pregame Prayer,” Hooks Tinker quotes an obscure lyric from “The Star Spangled Banner,” that states, “No refuge could save the hireling and slave/ from the terror of flight or the gloom of the grave.”

Tinker also describes an advertisement for a traveling circus that lures crowds with the promise of, “a jolly darkey target game.”

…a wide hole with no teeth

outlined by crimson swollen lips

means the player must pretend

a black man’s head pokes

through the open hole.”

Helen Gibson almost gets the last word in “Pretend the Ball is Jim Crow,” when she admits, “The cruelest part about this afterlife/ is being outside of time to see in this form/ that I am everywhere for you and not nearly/ close enough in the same moment…”

With baseball season just starting up, National Poetry Month in full swing, and legislatures around the country determined to enact laws against telling stories like those in “Pretend the Ball is Named Jim Crow,” the book is timely and relevant. It breathes life into the past and raises questions about how we can do better now to ensure an inclusive future.

Published by University Press of Kentucky in February, “Pretend the Ball is Named Jim Crow” is available through the publisher, Amazon, and Barnes & Noble.

MSU agrees to $132,500 settlement in open records dispute

MURRAY – The battle of wills between Paducah television station WPSD-TV and Murray State University (MSU) – which began in November 2022 when WPSD appealed to the Kentucky Attorney General’s Office over MSU’s response to an open records request – is finally over after negotiating a settlement worth $132,500.

In his Feb. 16 summary judgment, Calloway Circuit Special Judge John Atkins adopted WPSD’s argument that MSU’s actions, which included deploying a “near categorical redaction scheme at odds with existing law,” constituted a willful violation of the Kentucky Open Records Act. While he granted WPSD’s request to a motion for attorneys’ fees and statutory penalties, he also asked the parties to try to resolve their remaining issues out of court. 

According to the agreed stipulation of dismissal filed yesterday in Calloway Circuit Court the parties heeded the judge’s advice and negotiated a settlement. 

Shortly after the filing, WPSD released the settlement agreement. In it, MSU agrees to pay WPSD $42,500 for reimbursement of attorneys’ fees within 30 days. The agreement also notes that the university has already signed a two-year advertising contract with the station worth $90,000 and agrees to “not withdraw its spending” from other publications owned by Paxton Media Group, WPSD’s parent company. 

MSU, in a statement released yesterday, said that the parties “reached an agreement regarding the open records dispute which has been pending since March 2023. The parties mutually agreed to resolve the pending issues without further litigation. WPSD has also agreed to dismiss its pending lawsuit against the University. Murray State looks forward to moving forward in a positive direction.”

In a press release from WPSD, News Director Perry Boxx said he is pleased the parties were able to reach an agreement. “Judge Atkins asked both parties to use their best efforts to resolve all remaining issues amicably through negotiation and compromise.” 

“I’m grateful for the extraordinary work done by our attorneys Rick Adams and Michael Abate,” he added. “Amye Bensenhaver, co-founder of the Kentucky Open Government Coalition also provided this newsroom and me personally with advice, support and encouragement which is deeply appreciated.”

WPSD Local 6 General Manager Bill Evans called the settlement mutually beneficial and noted that it “allows Murray State to resume its professional relationship with the TV station and gain the marketing value associated with a two-year advertising plan.”

When asked, by email, to clarify whether his use of the word “resume” meant that MSU halted advertising with the station at some point over the course of the dispute, Evans replied, “If your question is ‘did MSU cancel their advertising with WPSD?’ That’s a question for MSU. I can tell you that WPSD Local 6 has more than 800 broadcast advertising clients that value their marketing relationships with Local 6. However, some of those clients’ spending may ebb and flow during the year, or season. They come to us when they need our marketing power. We’re here when a customer needs to amplify their message.”

The Sentinel reached out to MSU for additional comment regarding its advertising agreements with WPSD throughout the dispute but did not receive an immediate response.

“I’ll just say, even if it did ebb, neither I nor anyone in our newsroom was told about it,” Boxx added in an email. “But I wouldn’t expect to be told. This is a journalism organization. My boss Bill Evans came up on the journalism side of this business and he pays me to not be influenced by those kind of things.”

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

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Experiencing totality: Ancient mounds attract eclipse goers

WICKLIFFE, Ky. – License plates from Virgina, Tennessee, Georgia and South Carolina, among others, lined the shoulder of U.S. 51 near the gate of Wickliffe Mounds State Historic Site Monday morning. While several ended up there by chance, motivated by a forecast of 15-20% cloud coverage, more favorable than conditions expected in Cape Girardeau, Mo., and Carbondale, Ill., others intentionally chose the ancient site to view the rare celestial event – a total solar eclipse.  

At least 200 people, young and old, dotted the grounds of the ancient Mississippian site which dates back to 1100-1350 A.D. with their blankets, chairs, card tables and coolers, intermittently donning approved eyewear. 

At 1:59 p.m., the crowd erupted in applause as the moon completely obscured the sun, but silence soon fell upon them as they basked in the strange green glow of totality for two minutes and 36 seconds.  

Larry and Vickie Booth have been planning on watching the eclipse at Wickliffe Mounds for over three years. The couple, who lives in Jonesboro, Georgia, a community south of Atlanta, had spent time in Paducah before and were familiar with the area.

“We knew what we were getting into,” Vickie said. “We came here, specifically, because (Larry) wanted to see the Indian mounds.”

“Seemed like a good time to catch both,” Larry added.

“We could’ve stayed in Atlanta and seen a partial (eclipse),” Vickie said, “but that’s not the same thing! It is great! It was great!”

“This was just fabulous,” Vickie continued. “I know that there’s a cross-section of the one from 2017 and this one in 2024 in this area; so, it’s really a historical event to be back where the one from 2017 was total. And the weather is fabulous! No bugs. No heat. It’s just gorgeous. Everybody lucked out – the rain came through last night, and here we’ve had a fabulous day for it.”

The Booths traveled around 400 miles to reach Wickliffe, but they are taking their time on the journey.

“We went to a couple of distilleries in Tennessee; we just made a trip of it,” Vickie said. “There’s so much to do here, and it’s so beautiful. We’ve really enjoyed our trip. And we’re still just going to venture on when we leave here. I think we’re going back down through Memphis, then Alabama and back to Georgia. But we’re both retired, so we have the opportunity to do that – just go.” 

When Marcelo and Paula Brassolatti set out on from their home in North Carolina with their daughter Luiza and Brick, the Weimaraner, their destination was Cape Girardeau, but as they drove through Ballard County, 12 hours into their 13-hour trek, they adjusted their plans. 

“That’s a funny story,” Paula said. “We lost our phone (service) along the way. We were supposed to go one more hour further, but the traffic was so weird. So, we decided to just stay here.” 

Traffic was notably bad in the city of Wickliffe. Dik Jones, of Calvery City, reported spending 45 minutes waiting to get through one stop sign in town.

Linda and Lupe, who chose not to give their last names, planned their trip home to Maryland from winter home in Mexico around the eclipse. 

“We came up from Vera Cruz, Mexico, intending to see the eclipse near San Antonio,” Linda said, “and when the weather report was bad, we used that eclipse interactive map, and this was going to be, I think, 15% cloudy today. So, we’re one of the millions of people pouring into that 15%.” 

Ultimately, the change in plans ended up making a better trip than they had originally planned. Linda came across Wickliffe Mounds while searching for potential viewing areas around Paducah. 

“It’s been on my bucket list to go to places and learn more about the mound-builder culture, the Mississippians,” Linda explained. “And this museum was just incredible. So, this was much better than we could ever had (hoped for). I’m so glad the weather was bad in San Antonio – which, never has bad weather – so we’re just having a great time here. This is such a nice crowd. People are very calm, very respectful. It’s lovely.” 

“We came up (U.S.) 51,” she added later, “and I did not realize until we saw the sign that it’s part of the Great River Road; and that had been on my bucket list – to do part of the Great River Road. So, it was very cool to do that. I’m only sorry that we didn’t get to see the confluence of the Mississippi and the Ohio (rivers); it was too foggy this morning. But we’ll be back.

“I picked up a lot of information in the visitor’s center about all of the wonderful sites that celebrate the mound-builder, Mississippian culture, so I would like to do another trip back to this area just to go see more of that. Sometimes things work out for the best.” 

The next total solar eclipse that will cross a substantial portion of the US will be Aug. 12, 2045. Dubbed the “Greatest American Eclipse,” it will feature a maximum totality duration over six minutes.

Gay Poems for Red States ‘should be read by everyone’

By Constance Alexander

MURRAY – This year, April 7–13 is National Library Week, with April 8 “Right to Read Day.” In 2023, the American Library Association (ALA) documented efforts to censor 4,240 unique book titles in schools and public libraries, an increase from 2,571 the year before. 

According to the ALA website, “Organized pressure groups have used their power – and long lists of titles – to wage an aggressive campaign to empty library shelves of all books they deem inappropriate instead of allowing people to decide for themselves what they and their children read…Nearly half of the titles impacted were by or about LGBTQIA+ individuals and people of color.”

This year’s catch phrase for National Library Week is, ‘Don’t let censorship eclipse your freedom to read.” 

In the spirit of that slogan, Murray State University’s Pride Center, with support from the Department of English and Philosophy, is hosting a presentation by poet Willie Carver, on April 18, at 6 p.m., in the Freed Curd Auditorium in the Collins Center for Industry and Technology on the MSU campus. Admission is free.

Carver, author of “Gay Poems for Red States,” begins this stunning collection with his own backstory and chronicles his fall from grace as a public high school teacher in Mount Sterling, Ky.

Shortly before his first day, he is pulled aside by a Montgomery County administrator who asks if the new teacher is “openly gay.” 

When Carver says yes, the administrator replies, “I just want you to understand. In this community, you will be crucified. No one will protect you, including me.”

Carver interprets the warning as a kindness, “an attempt to protect me, as if every Southern queer person isn’t already perpetually awaiting crucifixion.”

Despite the implied threat, Carver taught successfully for more than a decade, inspired by the awesome potential of the students in his classroom. In fact, he credits his students’ energy and commitment to excellence for his designation as Kentucky Teacher of the Year in 2022.

Ironically, this distinction ended Carver’s high school teaching career when a small contingent in the community began attending board meetings and accusing him of grooming, inappropriateness, and sexuality, in regard to his students. The group even resorted to doxing the teacher and some of his former students, publishing private information with apparent malicious intent. 

As a result, Carver concluded, “There was no longer a place for me as a teacher.” 

His poems rose from the ashes.

The first one is set in familiar territory, a McDonald’s drive-thru window. When asked, “Would you like a Hot Wheel or a Barbie?” Carver’s choice caused the clerk to give the boy a onceover. 

“You know you’re gonna ruin him?” she said to his mother, handing over the boxed meal. 

Another recovered memory is Carver’s poem, “First Crush,” and a boy named Brandon with “toasted-colored hair” and shoes white as “…the blank page of a coloring book.”

One after another, Carver replays his childhood, one scene at a time. In “Clean Room,” he recalls the tumult of his brother’s lair as that of “a middle-aged trucker,” while his own was “slender and agile, a dancer quick to pose for cameras.” 

His genius for biscuit making was discovered early: “Before I even learned to sing the alphabet,” he declares. 

The secret ingredient?

“Butter transforms everything into love between your teeth and your tongue,” Carver says, adding that the “sea of butter” changes homemade batter into “carbohydrate continents…” 

As the poems move toward adolescent recollections, he recognizes himself as “a jigsaw piece from an entirely different puzzle box.” 

Watching an episode of “Jerry Springer” with his father, featuring a gay man from California seeking his father’s acceptance, was a milestone. Carver was amazed by his parent’s reaction:

“You know, if I ever had a kid who felt comfortable telling me something like that, I hope they’d/ Know that it would be okay with me.”

With that remark, time slowed down. “The clock stabbed forward,” the poet says, pausing before he could come up with an apt reply: 

“Well if you ever have a kid like that, I hope they do,” he finally says.

Published by University Press of Kentucky, “Gay Poems for Red States” is more than a collection of poetry. Another esteemed Kentucky writer, Chris Offutt, sees the work like this: 

“Willie Carver is a humane and necessary voice from the hills of Kentucky. He writes with stunning insight, vivid imagery, and enormous courage. This is a powerful book that should be read by everyone.”

HB 509 is still a threat to transparency (OPINION)

Column by Jon Fleischaker and Michael Abate

Repeatedly in recent weeks, Governor Andy Beshear has come out in favor of HB 509, a bill that would dramatically weaken Kentucky’s Open Records laws. The Governor has tried to assure citizens the bill would result in more transparency, not less. The Governor is wrong; this bill will inevitably lead to the public’s business being done in private.

The Governor’s argument that the bill does more good than harm doesn’t hold water. HB 509 may not be as bad as it once was – thanks to public outcry over the havoc the original version of the bill would have wrought – but it still would create a glaring loophole allowing public officials and employees (like the Governor and those who work in his administration) to easily hide their work from the public. 

You don’t need to be a lawyer to see why this bill is so dangerous. HB 509 requires public agencies to create email accounts for all public officials and employees. That’s a good step that closes a relatively small loophole that exists in the law today. Also laudable is the bill’s requirement that officials and employees only use their public email accounts, and not personal emails. 

But HB 509 then does an abrupt about-face that renders these modest improvements hollow gestures. For the first time ever, the law would limit where an agency needs to search for responsive records. An agency that creates these new email accounts only needs to search those accounts, or other publicly owned devices, for responsive electronic records. All other communication channels may be ignored by public agencies responding to records requests. 

Do you know anyone who communicates only by email in 2024? Of course not. Public employees, like all people, use a variety of platforms to do the public’s business—texts, other messaging apps, collaboration tools, private social media messages, and more. Even though all records belong to the public under current law if they are discussing public business – as Attorney General Andy Beshear repeatedly ruled – they will become effectively off limits if the bill is passed and signed into law. What do you think public officials and employees are going to do if they would prefer not to have their decisions second-guessed? You got it; they will simply communicate by means other than their work email. And contrary to what some of HB 509’s proponents have said, nothing in the bill prohibits that. 

What is the Governor’s response to this criticism? At a recent press conference, he began by appealing to his own reputation for transparency. Sorry, Governor – “trust me” does not explain away a loophole so glaring any middle schooler could exploit it. Nor will it prevent the public from justifiably considering you the one who destroyed Kentucky’s long tradition of openness if this bill becomes law.

Next, the Governor points out that someone intent on shielding communications won’t turn over their texts or direct messages anyway. But that’s why we have an Attorney General appeal process and judicial oversight. We don’t repeal our criminal laws because criminals are likely to break them, do we? 

Finally, the Governor accuses the authors of this piece (one of whom helped write the law) of not understanding how the Open Records Act really works. That ad hominem attack is a tell that the Governor knows his position doesn’t [add] up for the public. And it should force us to ask some necessary, though uncomfortable, questions: Why does Governor Beshear disagree with Attorney General Beshear? What text messages are the Governor and his administration trying to hide? Is he selling out Kentucky’s transparency laws to make it easier to seek a national platform? 

The brilliance of Kentucky’s Open Records Act is that it never made the public’s right to access its records dependent on the technology used to create a record or the place where it is stored. Rather, the Act’s drafters made all records available so long as they concern the public’s business. Now is the wrong time to reverse course and use a technology increasingly shunned by future generations to limit the public’s right to access its records. The inevitable outcome of such a law is that the public’s business will be done through “private” channels. The public must speak out against this bill, or it will forever lose the right to supervise its public servants.

Jon Fleischaker and Michael Abate are media law and First Amendment experts who serve as General Counsel to the Kentucky Press Association. They practice at the law firm of Kaplan Johnson Abate & Bird LLP, where they regularly litigate Open Records and First Amendment disputes across the Commonwealth. Fleischaker was among the original authors of the state’s Open Records and Open Meetings Acts. 

WPSD, MSU agree to postpone hearing on sanctions

MURRAY – Attorneys for WPSD-TV filed a notice of remand in Calloway Circuit Court this morning, advising that an agreement had been reached with counsel for Murray State University to postpone, indefinitely, the hearing previously scheduled for this afternoon on the station’s motion for more than $415,000 in sanctions in its longstanding dispute with the university over open records requests. 

“Our attorneys and those for Murray State have been discussing an equitable resolution of the matter,” wrote WPSD News Director Perry Boxx in an emailed statement. 

“Pursuant to the Court’s direction in its February 16, 2024 summary judgment order,” today’s filing states, “the parties have been conferring on a resolution of the remaining issues in this case. Additional time is needed to allow the parties to attempt to finalize an agreement on the remaining issues in dispute.”

WPSD filed its motion for over $40,000 in attorneys’ fees and $374,850 in statutory penalties, after Special Judge John Atkins ruled last month that MSU violated the Kentucky Open Records Act by “misus(ing) or misappl(ying)” attorney-client privilege and other exemptions to redact records and by “adopting a near categorical redaction scheme ‘at odds with existing law.’”  

“MSU’s initial categorical redaction and its year-long, stubborn refusal to abandon many of those redactions,” WPSD argued in its motion for fees, “‘reveals a culture of secrecy’ within MSU reflecting a ‘misguided belief that the Open Records Act is merely an ideal—a suggestion to be taken when it is convenient and flagrantly disregarded when it is not.’ 

“Only ‘meaningful’ statutory penalties can pierce that culture of secrecy and put MSU on notice that its willful defiance of the Open Records Act will not be countenanced by Kentucky’s courts.”

In its response to the motion, MSU argued that Atkins’ ruling did not include a finding of willfulness, and therefore, WPSD was not entitled to fees and penalties. In its reply, filed Tuesday, WPSD asserted that the judge granted its motion for summary judgment in full, adopting the station’s arguments in his findings. 

Today, instead of appearing before the judge for oral arguments, the parties announced they are negotiating a resolution.

“When Judge Atkins ruled that Murray State University President Bob Jackson’s administration willfully violated the open records act in a scheme ‘at odds with existing law,’” Boxx’s statement continued, “he expressed the ‘court’s hope that counsel and clients for both sides will use their best efforts to resolve all remaining issues amicably.’ 

“We have been doing that and will continue those discussions. The issues are penalties and our attorneys’ fees. If we are unable to resolve those issues, we look forward to standing before Judge Atkins at a later date.”  

WPSD stands by request for fees and penalties

MURRAY – In a pleading filed yesterday, WPSD-TV stood by its motion for an award of fees and penalties totaling more than $415,000 filed last month in the civil suit it brought against Murray State University more than a year ago over open records requests, calling such substantial sanctions “necessary” to “send a clear message to MSU that this kind of willful stonewalling is not acceptable from an educational institution in this Commonwealth.” 

The reply was filed two days before counsel for the respective parties will appear before Calloway Circuit Special Judge John Atkins for the hearing on the Paducah television station’s motion, which requests $40,428.45 in attorneys’ fees and $374,850 in statutory penalties.  

“MSU ignored its obligations under the Act from the beginning,” penned MSU’s lead counsel Michael Abate in yesterday’s filing, “going so far as to invoke the First Amendment to hide from journalists records that documented the University’s attempt to silence its own public radio station; failed to faithfully comply with the basic requirements of the Act following the adverse Attorney General Opinion; dragged this case out for months, only giving up additional information as WPSD and its counsel demanded it; and continued to invoke invalid exemptions even as the records in dispute winnowed down to a final few.

“And as if that weren’t enough, after this Court granted WPSD summary judgment and invited this fee motion, MSU officials issued statements portraying itself as the victim and accusing WPSD (and, by implication, this Court) of unfairly suggesting it did something wrong.” 

The statement referenced was signed by MSU Board of Regents Chair Leon Owens and released by the university shortly after the last board meeting on March 1. Quoting the statement, the pleading reads, “The University has taken no actions in willful disregard of the law with respect to WPSD’s requests. As such, WPSD is not entitled to fees and penalties under the Act.” 

“(MSU’s) consistent course of conduct evinces a ‘culture of secrecy’ that continues to this day within MSU – i.e., ‘an obvious and misguided belief that the Open Records Act is merely an ideal – a suggestion to be taken when it is convenient and flagrantly disregarded when it is not,’” the reply states. “… Even being mindful that any award will ultimately be born by the taxpayers, this Court should reaffirm that ‘the nominal punishment of an egregious harm to the public’s right to know would come at an even greater price.’”

Atkins entered a summary judgment in favor of WPSD on Feb. 16, adopting the station’s argument that MSU “misused or misapplied” attorney-client privilege and the personal privacy and preliminary records exemptions allowed under the Kentucky Open Records Act in its application of “a near categorical redaction scheme ‘at odds with existing law.’” 

The judge ordered MSU to produce unredacted versions of the remaining contested records and also granted the station’s request to file a motion for fees and penalties, which it did 10 days later. 

MSU filed its response to the motion two weeks ago and, in it, called the station’s request “gluttonous,” drawing into question both the reasonableness of the fees charged and the way the penalty amount was calculated. 

MSU’s response argued that Atkins would be erroneous to award WPSD any fees or penalties because his summary judgment did not include a finding of willfulness, which is requisite to award statutory penalties, and further that such an award would be unjust because the redactions, although ultimately deemed improper, were made in good faith and it “undertook efforts at every juncture” to comply with WPSD’s requests.  

But WPSD’s reply contends that MSU’s response “begins from a false premise that the willfulness of its violations of the Open Records Act is still up for debate.”

“This Court already granted WPSD’s motion for summary judgment – which included a request for a finding of willfulness – in full,” the reply states. “And it invited WPSD to submit its motion for fees and penalties. All that is left is for this Court to decide how much those should be.” 

Regarding the reasonableness of the fees requested, Abate stated that over the last 10 years, he has “repeatedly” won fee and penalty awards for clients in open records disputes “without a single court ever” reducing his rates or otherwise suggesting his fees were unreasonable. 

Citing nearly 20 years of experience in trial and appellate litigation, “including more than a decade of litigating cases under the Open Records Act for individuals, organizations, and media clients across the Commonwealth,” Abate said MSU’s suggestion that his hourly rate of $425 is unreasonable is without merit.  

The reply also cites one of MSU co-counsel Suzanne Marino’s cases – Kentucky State University Foundation v. Frankfort Newsmedia, LLC – where the Franklin Circuit Court deemed the $300-per-hour rate she requested as reasonable. 

At the time, according to the pleading, Marino had been practicing law “just over two years,” adding WPSD co-counsel Rick Adams’ hourly rate of $290 “easily passes muster under this measuring stick,” given his six years of experience, with his practice largely focused on litigating open records disputes. 

“Finally, the suggestion that WPSD’s bills are littered with irrelevant work is plain false,” yesterday’s filing states. “MSU takes issue with counsel reviewing MSU’s many inadequate productions to determine which of MSU’s redactions were improper. This is not a ‘bizarre cyclical framework.’ 

“Rather, Counsel’s review of MSU’s ever-changing redactions was an integral part of this litigation process, and the repeated back-and-forth proved necessary to slowly whittle away at MSU’s improper redactions. Is MSU seriously suggesting that counsel should not have checked to see whether MSU really did what the law required? This argument should be seen for what it is: more willful behavior from a public agency that refuses to take its open records obligations seriously.”

Out of 135.6 billable hours, MSU’s response specifically called out one time entry on the three-page invoice that was submitted with WPSD’s motion for fees, asserting the entry for two-tenths of an hour for “Research Title IX Due Process Bill and Vote History” was seemingly unrelated to the case. According to yesterday’s filing, that research was, “in fact,” related.

“It pertained to research attempting to establish whether there might be a connection between the University pressuring WKMS (MSU’s NPR-affiliate radio station) to kill stories unflattering to powerful politicians at the same time that many public universities were working to kill (or change) a bill designed to give more rights to students during misconduct investigations,” the reply explains. “Nevertheless, WPSD is willing to voluntarily reduce its original fee request by $58 dollars to remove that entry.”

While WPSD did amend the fee request to down $40,370.45 in the reply, it also requested to submit a supplemental affidavit to capture the time spent by counsel on the matter since filing the original motion for fees on Feb. 26. 

“It is clear that MSU remains defiantly committed to its culture of secrecy and coverup,” yesterday’s filing concludes. “Unfortunately, only a serious monetary sanction will signal to the University and its leadership—including the Board of Regents—that something must change.”

When asked for comment on yesterday’s filing, MSU Executive Director of Marketing and Communications Shawn Touney replied that the university does not comment on pending litigation.

Tomorrow’s hearing on WPSD’s motion for attorneys’ fees and statutory penalties is scheduled for 1:30 p.m. at the Christian County Justice Center in Hopkinsville, Kentucky.

Editor’s note: This story was written without input or review from our Board of Directors

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