ACLU of WV

PO Box 3952
Charleston, WV 25339

Michael Critchfield
Meet the WV High School Student
that fought his school system and
won protections for transgender students.
Article | 09-12
www.acluwv.org
01
Table of Contents
Letter from the President
List of Board Members
01
01
Making Public Service Accessible 02 It has been a busy couple years for the ACLU of WV.
None of our work could have been accomplished with-
ACLU in your Community 03-04 out your donations, support, and involvement in
actions across West Virginia. The ACLU, both nation-
Fight to Defend Reproductive 05-07 ally and in the state, has experienced rapid growth
Freedom since the 2016 election. So first, I want to say thank
you from the bottom of my heart for your generosity.
Why I Protested Brett Kavanaugh’s 08
Working in the area of civil rights and liberties has
Confirmation unique challenges and opportunities. The staff at the
organization has never been stronger. What we lack in
Michael Critchfield 09-12 size is made up for with fierceness and experience.
Several of you have probably met the staff at the many
events they attend in West Virginia. If you have not
Legislative Update 13-21 had a chance to attend an event, please look for them
Legislative Scorecard 18-19 happening around you. Or tell us you want to host an
Bigotry in the Statehouse event in your area if we haven’t been around.
20-21
Last, I would like to talk about some of the great
victories the organization has had. Loree Stark, our
Fixing WV’s Broken Criminal Justice 22-24 new Legal Director, has advocated for our friends in
System the LGBTQ community, particularly as it regards to
the rights of trans students. Our Policy Director, Eli
21 Years of Defending Civil Liberties 25-26 Baumwell, has worked tirelessly at the legislature,
which has produced some significant victories in
Our Shared Home Among the Hills 27-30 criminal justice reform for some of our most vulnera-
ble citizens. These are only a couple examples. I could
go on. But even with all this great work, we still have
much to do before all Mountaineers are truly free.
That will require you! Please keep fighting, donating,
and working hard. We can do this!
Jeff Martin
President, ACLU-WV
board
President: Jeff Martin
Vice President Membership: Sonya Armstrong
members
Secretary: Anna Osborne
Vice President Development: Naomi Cohen
Treasurer: Chuck E. Smith
National Board Rep: Frank Calabrese
Others: Sue Barazi, Barbara Bayes, Marybeth Beller, Melissa Ellsworth, Rosemary Ketchum, Karen Kunz, Jack Magan,
Jamal Mustafa, Jennifer Oliva, Cassie Nicholas-Patterson, Tina Russell, Lida Shepherd, Dominique Villasenor
Making
Public Service
Accessible
Regular West Virginians gather for two
months every year in Charleston to carry
out our Constitution’s mandate that they
make laws “for the common welfare, free-
dom and security of ourselves and our
posterity.” These citizen-legislators make
great personal sacrifices to serve West
Virginia. We should be grateful for the
significant time they are willing to spend away
from their homes, families and jobs in service to our
state.
Newly elected legislators, like their longer-serving
colleagues, come from all walks of life. Our citizen
legislature is made up of doctors, lawyers, entrepre-
neurs, and retirees. It is made up of teachers, nurses,
preachers, and even a cab driver.
One of the new legislators this past legislative session
was Delegate Amanda Estep-Burton, who represents
parts of Kanawha County. Delegate Estep-Burton is a
working mother of four children—two in high school,
one in elementary school and one toddler. Her experi-
ences as a busy mom with a full-time job are probably
pretty similar to a lot of West
Virginians. And that is what
makes our citizen legislature so
special—it is designed so that
we can be represented by
regular people. People like
us.
Unfortunately, too frequently
working people don’t think
that they can serve in the
legislature. After all, even if
you have great ideas on how
to make our state better,
whose boss would let them
take off work for two
months every year to
serve? Because of these
concerns, our legislature
is less representative of working people than it could
be. However, working folks need to know that there
are laws in place that protect their job if they get
elected to the legislature.
02
When Delegate Estep-Burton was elected to office, her
employer was concerned about the time her legislative
service would keep her away from the workplace. Her
boss reluctantly asked for her resignation. That’s
when we stepped in. The ACLU of West Virginia and
Attorney Walt Auvil sent a letter to Delegate
Estep-Burton’s employer informing them of the West
Virginia law that requires the vast majority of employ-
ers to provide employees with a leave of absence from
work while they are serving in the state legislature.
Once made aware of the law designed to protect the
unique nature of our citizen legislature, her employer
immediately did the right thing and rescinded the
request that she resign.
This was a real victory for democracy. At a time when
we hear so much about the troubles facing the Ameri-
can system of governance, it is extremely refreshing to
see our system work as it should. A working
person—the kind who needs a regular income to care
for her family—takes the brave step to run for office
and she wins. A legal framework works as designed
and creates an environment where someone who isn’t
independently wealthy can serve her state. And an
employer steps up and honorably respects its legal
obligation to the people of West Virginia and their
representative form of governance.
Delegate Estep-Burton’s workplace situation should
encourage more working class people in our state to
run for office. It should also be a reminder to employ-
ers in West Virginia that they are required to respect
their employees’ service to the state. The West Virgin-
ia legislature can only become a truly representative
body if it includes more people from all walks of life
who can more fully represent the voices of all West
Virginians.
03 04

ACLU I N YO U R
COM M U N I T Y Keep Families Together Rallies
On June 1, emergency rallies were held at U.S. Attorneys’ offices
across the country in response to the Justice Department’s new policy
of separating children from their parents at immigration detention
facilities. We held seven rallies across the state to stand up against
Throughout the year, the ACLU-WV has spent time in communities throughout the state provid- this horrific practice and to demand that we keep families together.
Later that month, Executive Director Joseph Cohen spoke two more
ing trainings and presentations, holding panels and discussions, fighting for your rights, tackling rallies on the subject. In July, we delivered demand letters to the
tough issues, and taking to the streets. In this past fiscal year, we have held more than 70 com- U.S. Attorneys in WV and held simultaneous rallies outside their
munity events in 14 counties across the state. offices in Clarksburg and Charleston. Soon afterwards, our staff
took a bus with the WV Interfaith Refugees Ministry to protest
outside of an ICE juvenile detention facility in Staunton, VA.

Presentations Vigils
Throughout the year we participated in
The ACLU-WV staff developed and presented panels and
discussions including some of these highlights:Executive
several vigils including a ‘Love Knows No Women’s March WV Rally
Director Joseph Cohen provided a presentation
Borders’ interfaith vigil in solidarity with
asylum seekers and other migrants at St. In January, activists across the state gathered in Charleston ACLU National
about his family’s holocaust story
discussed the connection to the
and John’s Episcopal Church in Charleston,
and candlelight vigils in Morgantown
on the second anniversary of the historic Women’s March to
recommit themselves to the struggle for peace and justice. Membership
modern day treatment of refugees. and Charleston in support of sexual
assault survivors during Kavanaugh’s
Terrible weather could not dampen the enthusiasm of the
crowd. And the inspiring speakers included three
Conference
Policy Director Eli Baumwell appointment process. ACLU-WV board members, Some staff, board members,
and Joseph Cohen moderated Rosemary Ketchum, Ibtesam and a group of stellar
a panel on the immigrant Barazi and Tiny activists headed to
experience in West Virginia. Gray-Russell. Washington, D.C.
for the first ACLU
Community Outreach Coordi- National Member-
nator Mollie Kennedy and Eli ship Conference
Baumwell gave a presentation
on working with immigrant PRIDE held in a decade.
We heard from
communities at the National Our staff had a blast attending Pride some fantastic
Social Workers of West Virginia 2018 Conference. events in Charleston, Huntington, speakers and
Shepherdstown, and Parkersburg. brought back
Legal Director Loree Stark and Joseph Cohen spoke at the lots of inspira-
Islamic Center in South Charleston about the Muslim ban tion and ideas
and its impact. for our state. And WV should be proud, we
had a higher percentage of our members attend the Nation-
Eli Baumwell held a discussion on civil disobedience at al Membership Conference than any other state in the
Buckhannon-Upshur High School. country!

Trainings
ACLU/Planned RBG The ACLU-WV
held trainings Northern Panhandle
Parenthood 80’s Prom The ACLU-WV, along with Planned Parenthood South
Atlantic, The Women’s Health Center of West Virginia, and
throughout the
state on a wide
Chapter Annual Picnic
On May 19, the ACLU-WV WV FREE, hosted free screenings of RBG, the documenta- variety of topics. Staff, board members, volunteers, and members gathered in
and Planned Parenthood ry about Ruth Bader Ginsburg. After Our staff present- McMechen, WV for our annual picnic. We had great food,
South Atlantic gave our each screening, representatives of ed Know Your great company, and great conversation, and Policy Director
best big hair and shoulder each organization held a panel discussion Rights trainings, Eli Baumwell and
pads and cut footloose for about reproductive rights and addressed bigot- Board Member and
a joint ‘Starry Nights and Amendment 1. ry, implicit bias, Chapter President
Human Rights’ prom. privilege and racial justice, talked about #MeToo and rape Rosemary Ketchum
Our prom court was culture, taught constituents how to effectively advocate for even got to ride a
made up of honorees issues they care about in the legislative session, and even giant peacock float
from both organizations held a children’s civic engagement storytime and activity. down the river.
including Sue Barazi, We’re looking forward to another year of teaching and
Christine Campbell, Jackie learning with more West Virginia communities.
Lozano, and Mary Rich
Malloy.
05 06

FIGHT TO DEFEND
REPRODUCTIVE
niques in voter modelling to
identify which messages were
likely to resonate best with each
registered voter in the state.
We built a comprehensive voter
like the rest of the country, is divided on matters
surrounding abortion. While 73.7% of legislators
voted to put Amendment 1 on the ballot, only 51.7% of
West Virginians supported the measure. Politicians in
this state have clearly been out of step with their
constituents.

FREEDOM
Electoral Fight
During the 2018 legislative session, more than
two-thirds of each chamber voted to strip all protec-
tions for abortion rights from our state constitution.
As a result, a referendum, called Amendment 1, was
placed on the November 2018 ballot that read: nothing
in the Constitution of West Virginia secures or
protects a right to abortion or requires the funding of
abortion. If a majority of voters supported Amend-
ment 1, the state constitution would no longer offer
protection for abortion rights.
Amendment 1 was the single most extreme attack on
women’s rights in West Virginia history. And for the
first time in the 146 year history of our state’s consti-
tution, we faced the prospect of stripping people of
their existing constitutional rights.
As a result, as soon as it became clear that Amend-
ment 1 was going to be on the ballot, ACLU-WV made
a decision that defeating it would have to be our top
priority. Along with our partners, Planned Parenthood
South Atlantic, WV FREE, and the Women’s
Health Center of WV, we immedi-
ately
transitioned from a legislative fight to an electoral
fight.
There had never been a major referendum fight over
such a contested issue like this in West Virginia
history. As such, our state had no infrastructure in
place or experience with how to run a statewide ballot
campaign like this. So, we had to build that infra-
structure from the ground up and learn as much as we
could from other jurisdictions with more experience in
these struggles.
Our coalition formed a new 501(c)(4) organiza-
tion—Vote No on Amendment One, Inc. and started
raising the funds necessary to run a full statewide
campaign the likes of which West Virginia had never
seen before. We hired a campaign manager and
campaign staff. We used polling data and
focus groups to hone our messag-
ing. And we
used the latest
tech-
outreach plan that focused on using
individual communications with our base Although fewer people cast votes on Amendment 1
voters and mass communications directed at than on the hotly-contested US Senate race, more
persuadable voters. During the campaign, we people cast votes against Amendment 1 than voted for
called nearly 200,000 unique voters across West Patrick Morrissey. We won counties all across the
Virginia. We ran television ads in three major state. We won in areas with more urban populations
West Virginia markets. We engaged nearly 150,000 and places with more rural populations. We got more
voters via mail. And we reached 40,000 voters votes than Joe Manchin in a number of counties that
through digital advertising. he won, including Monongalia County and Jefferson
County. And we won counties that Manchin lost,
We were committed to engaging voters from every including Pocahontas County and Calhoun County.
background. To do that we had to build as broad a
coalition as possible. Our historic coalition included We outperformed expectations everywhere we had the
over 30 grassroots organizations with deep roots in resources to speak to voters one-on-one. For example,
state, as well as faith leaders and medical providers although Wood County is viewed as being one of the
from across West Virginia. most socially conservative parts of the state, we
refused to ignore the voters there. We had an organiz-
During the campaign, we learned that there was er in Wood County and a handful of dedicated volun-
significant voter confusion about Amendment 1. In an teers who put in the work of having the tough conver-
effort to educate voters, we executed an extensive sations that are necessary to change hearts and minds
earned media plan. We placed 22 op-eds in newspa- about abortion rights. In the end, we only fell a total
pers around the state, met with four editorial boards, of 52 votes short in Wood County.
and presented our side to dozens of print, television
and radio news outlets around the state. The lesson here is that we cannot let our preconceived
notions prevent us from engaging in meaningful
Virtually no so-called “experts” gave us any chance of dialogue with people everywhere. We need to continue
winning when we started the campaign. That did not
deter our coalition in the slightest. We only redoubled
our effort, in every corner of the state, speaking to as
many voters as we possibly could.
In the end, it was a tantalizingly close race, but we
lost by 3.5% (48.27% - 51.73%). It was a devastating
loss for women in West Virginia. The state immedi-
ately denied the ability of Medicaid to continue paying
for low-income women insured through the program to
have an abortion. And while abortion remains legal in
West Virginia, the future consequences of Amendment
1 could be incredibly dire. We now must rely on
Justice Kavanaugh and the rest of the US Supreme
Court to protect Roe v. Wade and prevent the crimi-
nalization of abortion in West Virginia.

Nonetheless, the election showed legislators how

incredibly wrong they have read the state and its
support for abortion rights. For years, West Virginia
lawmakers assumed that the state overwhelmingly
opposed abortion rights. Now we have undeniable
evidence that that assumption was wrong.

No matter how you examine the results, West Virginia,

09
having these tough conversations. And we cannot be
afraid to have them in the most unlikely of places. In
the long run, that is the only way we are going to
change the political dynamics in West Virginia
surrounding reproductive rights.
Our opponents, the “Vote Yes” campaign, were fully
embraced by the state Republican Party. Indeed, their
campaign was largely driven by the Republican Party
machinery. The WV GOP held rallies, provided the
chief spokespeople, and engaged in mass communica-
tions for our opposition. On the other hand, our
campaign got virtually no institutional support from
the Democratic Party itself. However, wherever indi-
vidual Democratic politicians spoke out in opposition
to Amendment 1, we did better than would be expect-
ed.
For example, we won Greenbrier County. Part of that
victory must be attributed to Senator Stephen Bald-
win’s frank, commonsense explanation to his constitu-
ents as to why he opposed Amendment 1. Likewise,
we won Wetzel County, where Delegate Dave Pethtel is
an outspoken supporter of reproductive rights. Both
of these candidates won reelection, and it is clear that
they influenced their constituents to vote against
Amendment 1.
In the end, these election results show that abortion is
not the winning wedge issue Republicans in WV
believed it to be. And it is not an issue that Demo-
crats should be afraid of or feel the need to run away
from. The good news is that leaders of both parties
seemed to have learned this lesson. After the election,
we heard over and over again that many Republican
leaders were blaming Amendment 1 for legislative
electoral defeats in some parts of the state. Maybe not
coincidentally, the 2019 legislative session was the first
time in years that no anti-abortion bills passed the
West Virginia legislature.
It is also clear that we need to continue the conversa-
tion about abortion rights in West Virginia. Our
coalition just expended a significant amount of resourc-
es talking to voters about this issue over the past year.
We have gathered invaluable data and built an army of
volunteers statewide. Rather than merely fighting
whatever ridiculous anti-abortion bills are introduced
at the legislature each year in a piecemeal fashion, we
need to develop a long-term plan to change the narra-
tive regarding abortion rights in West Virginia. The
Amendment 1 campaign has started this long overdue
conversation in our state. Now, we must carry it
forward.
08
Electioneering Lawsuit
On November 5, 2018, ACLU-WV filed a lawsuit
against Secretary of State Mac Warner on behalf of
the Vote No Coalition and two coalition volunteers.
At issue in the lawsuit, which was filed in federal
district court in Charleston, is a West Virginia statute
that restricts electioneering during early voting by
prohibiting it “on the property of the county court-
By Tia Rumbaugh
house, any annex facilities, or any other designated
early voting locations within the county.”
Plaintiffs Katy Lewis and Stacy North were volunteer-
ing for the Vote No Coalition at the Mountaineer Mall My name is Tia "Fix" Rumbaugh and I've survived 3 constituents crammed into his office, unlike Capito
in Morgantown on November 3, 2018, the last day of rapes and multiple sexual assaults in my 40yrs on this who would not make time to meet with us and instead
early voting before the November 6, 2018 election. Ms. planet. sent her staff to take notes. Senator Manchin gave us
Lewis and Ms. North were distributing information one hour to hear our stories, and because there were
about Amendment One and speaking with voters in a In October 2018, I travelled with 46 women and men so many, he scheduled another thirty minutes to come
parking area approximately 100 feet from the from West Virginia to meet with Senators Manchin back and hear more. At our meeting, I asked Manchin
entrance to the mall, which was serving as a voting and Capito to share our stories of survival and ask if it was political suicide to vote "no" on Kavanaugh,
location. Secretary of State Warner approached them them to vote "No" on Kavanaugh. After weeks of and he thought not.
and told them that West Virginia law prevented them increasing anxiety, panic, and emotional breakdowns
from electioneering anywhere on the property--includ- over media portrayal, testimony, and public comments I came to Washington because the Kavanaugh hear-
ing anywhere in the mall’s vast parking lot. Ms. Lewis on the hearings, I came forward as a survivor on ings were the definition of disrespect and partisanship
and Ms. North ultimately left and were deprived of social media in an attempt to regain control over the behavior that no adult should find admirable or esteem
the opportunity at the polling location to meaningfully narrative of my life. Shortly thereafter, I saw 19 worthy. I thought his behavior in the hearings alone
engage with voters about Amendment One. women hold a sit-in and face arrest at Senator Man- would be enough to rally the general public's outcry
chin's campaign office in Charleston and I knew I against his nomination, but instead the accusations
The statute Secretary of State Warner relied on wasn't alone. and shaming towards Ford crippled me into reliving
directly conflicts with another West Virginia election- my own traumas over and over again. Everytime
eering statute that allows for individuals to partici- The protestors' struggle inspired and mobilized me to someone would accuse Ford of lying, I felt accused.
pate in electioneering activity during the early voting join the ACLU's meetings in Washington D.C.. I was Everytime someone would dismiss Kavanaugh's actions
period so long as it is not within 100 feet of the ready to take a stand against Kavanaugh whose behav- as youthful boyhood, I would sob at the insensitivity.
outside entrance of the polling place. The area of 100 ior in the televised hearing and attitude towards his
feet around the entrance to the polling place is known accuser polarized our nation and triggered new fresh Many months have passed, and despite our failure to
as a “buffer zone.” Ms. Lewis and Ms. North were trauma in the millions of sexual assault survivors, like thwart Kavanaugh’s confirmation I recognize the
more than 100 feet away from the entrance to the myself, who were watching. catharsis of the journey. Sharing my story helped lift
polling place—outside of the buffer zone— when Secre- others up to do the same. Sharing my story contribut-
tary of State Warner approached them. The cathartic journey to D.C., the camaraderie of ed to my personal healing, the healing of others, and
survivors, the thoughtful and sensitive organization of the healing of our society as we come together to
Electioneering in an area outside of a polling place is the ACLU staff, and Senator Manchin himself deserve recognize that sexual assault and violence towards
classic, pure political speech. So a statute that creates my endless thanks. Senator Manchin was engaged, each other is no longer tolerated. I am not alone. You
a buffer zone would violate the First Amendment considerate, and sympathetic as he sat with 30+ are not alone. Together, we will make a positive differ-
unless it is “sufficiently tailored” to a “compelling ence in our nation.
public interest.”
In a recent Sixth Circuit Court of Appeals decision,
Russell v. Lundergan-Grimes, et al., a court found that
a 300-foot “no political speech” buffer zone violated
the First Amendment because it impermissibly
restricted free speech rights. The statute that the
Secretary of State relied on in Morgantown prohibits
political speech anywhere on any early voting polling
property. That could—and did in this situation—create
a buffer zone that is well more than 300 feet. The
Plaintiffs are requesting that the statute be declared
unconstitutional and that it may no longer be
enforced.
09
H A E L
M I C
H F I E L D
CR I TC
The ACLU-WV received a call from a troubled mother
in late November 2018. Caroline Critchfield contacted
ACLU-WV after her son, Michael, a transgender
15-year-old boy, had been harassed by an assistant
principal while using the boys’ restroom at
Liberty High School in Harrison County.
The Incident
The details were disturbing: On November 27,
2018, Michael went to use the boys’ restroom.
Although it was not necessary, he checked first
to make sure no one else was in the
restroom in order to avoid any potential
conflict. Finding no one in there, he
went into a stall.
Shortly after, an assistant princi-
pal, Lee Livengood, came into the
restroom and began questioning
Michael as to why he was using
the restroom. Michael told him
that he was a boy and that is
why he was using the boys’
room. Mr. Livengood challenged
Michael, telling him that if he
were really a boy he “could come
out here and use the urinal.”
Michael, stressed by the situa-
tion, told Mr. Livengood that he
was assigned as a female at
birth, but that he identifies as
male. When Michael left the
stall, he found Mr. Livengood
blocking the doorway to the
exit of the restroom. There was
no way for Michael to exit without a physical confron-
tation with Mr. Livengood.
Mr. Livengood continued to press Michael, his
voice escalating, asking Michael what
would happen if another boy thought
Michael was checking him out. Michael’s
classmates later told him that they could
hear Mr. Livengood yelling from outside
the restroom in the hallway and cafeteria.
At this point, Mr. Livengood allowed
Michael to leave the restroom and an adult
parent of another member of the band, who
had been told that something was
happening by Michael’s classmates,
was waiting outside the door to the
restroom. Stressed and angry,
Michael began crying uncontrol-
lably.
Before Michael left to return to
the bandroom with the adult,
Mr. Livengood said to Michael,
“I’m not going to lie, you
freak me out.”
Michael and adults aware of the
situation that evening informed
his mother, Caroline, about what
happened.
Caroline and her husband, Jon
Critchfield, spoke with members of
the administration at Liberty High
School as well as an assistant super-
intendent within 24 hours following
10
the event. Although the administration assured the that students are referred to by the appropriate
Critchfields that some kind of investigation would take pronoun and treated in accordance with their correct
place, they did not hear anything from the school for gender. Additionally, it was agreed that Mr. Livengood
weeks. would not be in a setting where he could interact with
Michael and he would write an apology to Michael for
his conduct in November. Mr. Livengood was suspend-
ACLU-WV Gets Involved ed by the Harrison County Board of Education without
pay through the end of January 2018.
On December 17, 2018, approximately three weeks
after the incident, ACLU-WV Legal Director Loree
Stark on Michael’s behalf sent to Harrison County
Schools Superintendent Mark Manchin a letter outlin- Promotion of Best Practice
ing the issues—specifically, that Mr. Livengood’s
conduct was in violation of the U.S. Constitution, Policies and the ‘Apology’
federal civil rights statutes, West Virginia state law,
and the Harrison County School District’s own stated Letter
policies. Further, ACLU-WV requested a meeting with ACLU-WV sought to work in good faith with the
the administration to discuss the incident and administration of Harrison County Schools to put in
proposed that the school district work with ACLU-WV place policies that would support Michael and other
and leading LGBTQ+ organizations to implement students like him. However, after several weeks of
trans-inclusive policies to help make Harrison County emails, it became clear to ACLU-WV that the adminis
Schools a safer environment for students like Michael.
Michael’s story quickly became
national news, making head-
lines in publications including
The Washington Post, Out
magazine, and the Huffington
Post. Meanwhile, people in
West Virginia and across the
country rallied to support
Michael on social media and
by contacting the school board
to share their concerns about
what happened. An event was
planned for mid-January at
West Virginia University to
support Michael and to cele-
brate his 16th birthday.
The Meeting
Superintendent for Harrison
County Schools Mark Man-
chin agreed to meet with
ACLU-WV, a representative
from Fairness West Virginia, and Caroline and Jon tration would not adopt policies that were in the best
Critchfield on January 11, 2019. interest of trans children. In particular, the adminis-
tration required that a parent or guardian get involved
ACLU-WV, Fairness West Virginia, and the Critch- as soon as any student identified themselves to the
fields left the meeting believing some agreements had school as trans and asked to be referred to by their
been reached and that Harrison County Schools would chosen name and pronouns. ACLU-WV pointed out
work in good faith with ACLU-WV to adopt best-prac- that a parental notification requirement would essen-
tice trans-inclusive policies that would benefit students tially “out” students to parents and guardians who
like Michael. These policies would include ensuring may not already have been aware and who may not be
supportive. The administration did not budge.
11 12

Finally, on January 31, 2019, the day before Mr. Livengood would return to school,
the assistant principal’s “apology” letter was sent by the administration to the
ACLU-WV as Michael’s representative. The letter, in its entirety, stated: “I’m deeply
sorry for raising my voice while in the bathroom on 11/27/18. I promise it won’t
happen again.”

It was clear that the administration and Livengood were not taking accountability for
the incident and that they were not committed to adopting and implementing inclu-
sive policies that would truly ensure a supportive environment for trans students.

A New Rallying Cry

On February 1, ACLU-WV, on behalf of Michael, sent a letter directly to the president
of the Harrison County Board of Education in an effort to point out that Livengood’s
“apology” was woefully deficient and to see if some resolution could still be reached.
Unfortunately, more than a month later, there had been no response.
In early March, ACLU-WV and the Critchfield family once again teamed up to make a call for Harrison County
Schools to take accountability for what happened to Michael and to request that they come back to the table to
consider policies that were truly trans-inclusive and would protect students.
At the same time as hundreds of people were signing on to an online petition to support
Michael and to call for Harrison County Schools to take appropriate action, ACLU-WV
Community Outreach Coordinator Mollie Kennedy worked behind the scenes to coordinate a
group of concerned West Virginians who would attend a March 19 board meeting to make
their concerns known to the board and to speak to the importance of ensuring a safe envi-
ronment in schools for trans students.
More than 1100 people signed the petition and approximately 50 individuals attended the March 19 meeting.
Several community members spoke at the meeting and the petition was presented to the Board. At the conclu-
sion of the meeting, the Board of Education voted not to renew Mr. Livengood’s contract for the following year.
Despite this encouraging result, the work is not yet done. Now that the Board of Education has demonstrated a
willingness to take action to protect students like Michael, ACLU-WV expects Harrison County Schools to come
back to the table to discuss implementing fair and reasonable policies that will create a safe and supportive
environment for LGBTQ+ students. At the time of this article went to press, ACLU-WV has been taking steps to
make that happen.
13 14

RUNDOWN
The American Civil Liberties Union of West Virginia wrapped up a successful 2019 Legislative Session. None of
the major legislation the ACLU-WV opposed passed in its original form, and a number of ACLU-supported bills
passed. In addition to the All Kinds Are Welcome Here Lobby Day, the ACLU participated in four other events
at the Capitol, and issued a dozen action alerts. However, the success was marred by open bigotry in the Capitol
that went largely unaddressed by the legislature’s leadership. While we should celebrate the many successes of

357
the session, the real excitement may be in opening the window for even greater civil liberties protections in
upcoming legislative sessions.

Bills Followed Criminal Justice Reforms

Entering the session, we were informed that re-entry
SNAP Benefits for People with Felony
Drug Convictions - HB 2459
was going to be top legislative priorities. Coupled with Entering the 2019 session, West Virginia was one of

93
that, the ACLU-WV also focused on pushing proactive only three states that had a lifetime ban on Supple-
measures that would reform the West Virginia bail mental Nutrition Assistance Program (SNAP) benefits

Actively Lobbied Bills

system and the practice of civil asset forfeiture. Sev-
eral high profile criminal justice reform bills were
taken up early in the session.
Bail Reform - HB 2190
HB 2190 was designed to default non-violent, non-drug
misdemeanors to release on personal recognizance.
An amendment in the House gave prosecutors a
for people convicted of a drug felony. House bill 2459
was introduced and run early to eliminate that ban.
After passing through the House, the Senate amended
to maintain the lifetime ban for drug felons whose
felony also include an abuse of SNAP benefits, or
resulted in serious bodily injury or death. The House
accepted the amendment and the bill was signed into
law.

42%
chance to appeal release. In the Senate, an alterna-

of the Bills we lobbied for

tive version created a presumption of release absent
specific findings of a risk to public safety, and recom-

got on an agenda
mended alternatives to detention. The Senate Judicia-
or ry Committee passed that version of the bill, but
recalled it a day later following intense pressure from
prosecutors. The bill was never taken back up.

Civil Asset Forfeiture

Under current law, police can seize property and
assume permanent possession of it without convicting,
or even charging, the owner with a crime - a practice
known as civil asset forfeiture. The ACLU, along with
West Virginia Americans for Prosperity, and represen-
tatives from law enforcement and prosecutors attended
a stakeholder meeting to discuss appropriate legisla-
tive language. Unfortunately, law enforcement was
unwilling to compromise. Amid threats that reforms
would undermine their ability to enforce the law,
legislators decided they did not have the political will
to take up the issue.
Criminal Expungement - SB 152
Senate Bill 152 was also taken up early in the legisla-
tive session. As it left the Senate, the bill expanded the
number of offenses that were eligible for expungement,
and refined the process for applying for expungement.
The final bill created an integrated system of rehabili-
tation, job training, and job placement, and drug
testing - the eponymous “Jim’s Dream”. In addition to
the expanded list of offenses for which a person could
qualify for expungement, participation in “Jim's
15
Dream” allowed for expedited expungement. With
those changes in place, the House passed the bills and
the Senate concurred.
Expungement and Work Opportunities -
HB 2486
House Bill 2486 was designed to compliment the
expungement bill, Senate Bill 152, by expanding work
opportunities for people with criminal convictions.
The bill changes the law regarding occupational licen-
sure, requiring a reasonable nexus between the crime
and the occupation if a license is going to be denied
or revoked. Compared to other bills, House Bill
2486 faced a relatively smooth path, passing
through both the House and Senate Judiciary com-
mittees and getting broad bipartisan support on the
votes in each chamber respectively. Unfortunately,
after passing through the legislature, the Governor
vetoed the bill.
Additional Re-Entry Bills
House Bill 2083 and Senate Bill 236 also were
designed for easing reentry. House Bill 2083 required
the Division of Corrections and Rehabilitation work
with the Department of Motor Vehicles to provide
photo ID to people leaving the criminal system.
Senate Bill 236, required that the Division of Correc-
tions and Rehabilitation work with the Secretary of
State to ensure that people finishing their sentence,
parole, or probation are made aware of their right to
vote, and given the paperwork to register. Both bills
passed out of their chamber of origin. However,
Senate Bill 236 was never taken up by the House
Judiciary committee. House Bill 2083, did pass the
Senate, with minor amendments. The House created
some tension by refusing to concur until late the final
night of the session, although the bill ultimately did
pass.
This is an impressive slate of criminal reentry bills
that will dramatically cut back on the collateral conse-
quences for people that have had contact with the
criminal system. However, we have significant work to
do in terms of reducing contact in the first place.
Schooled on Education
Senate Bill 451, the Omnibus Education Bill, prompted
a second teacher and school service personnel strike in
as many years, and proved to be one of the most
divisive bills of the 2019 session. Although credit for
ultimately defeating Senate Bill 451 rests with the
teachers, school service personnel, and parents, the
ACLU-WV played a role in fighting against that legisla-
tion as well. Additionally, we were involved in several
other bills relating to education.
The Omnibus Education Bill - SBl 451
Rumors that key legislators wanted to create educa-
tional “choice” through charter schools or education
savings accounts (ESA’s) had been circulating long
before the 2019 session began. To this end, the Senate
Education committee originated a massive 170-page
education overhaul that cobbled together topics from
teacher pay-raises, to school security, to mental health,
attendance policies, and, of course, choice. Despite its
size, the bill was passed from Committee the same day
it was introduced. When it became apparent the bill
would be defeated in the Senate Finance Committee, it
was instead sent to the entire body, a “Committee of
the Whole,” a procedure that had only ever been used
twice in the history of West Virginia. The Committee
of the Whole met over a single day, before the bill
passed out of the Senate.
When the Bill moved to the House, the Education
Committee dramatically improved the bill, removing
everything but pay raises. However, the House passed
an amendment requiring every school to hire school
resource officers, an amendment the ACLU-WV
adamantly and vocally opposed. The final House
version of SB 451 had no ESA’s or charter schools,
but did require resource officers in every school.
When the House version of SB 451 was returned to
the Senate, the Senate amended it again, effectively
returning it to the Senate version. Despite assuranc-
es that the House had the votes to pass this, pressure
from teachers and the public got to House members
and the bill was postponed indefinitely, effectively
ending the debate for the session.
Cameras in Special Education
Classrooms - SB 632
Senate Bill 632 set aside funds to improve school
security, but more alarming, put cameras in special
education classrooms. The bill’s goal, ensuring a safe
learning environment special needs students is laud-
able. However, the bill raised concerns for the
ACLU-WV. Students with disabilities are already
unfairly targeted for discipline and subjecting them to
additional surveillance risks making this disparity
worse. Adding security cameras may also create the
sense that special needs students should be segregated
from their peers, when segregation should actually be
discouraged. Finally, students or their guardians may
not want to be recorded and ought to be given privacy
protections. To address these concerns, Senate added
protections, ensuring that video can only be used to
look for incidents of abuse or harassment. Between the
Senate and House other amendments required the
cameras to be in all special education classrooms, but
only if funding is provided. Although reservations
remain, the version of the bill that passed is much
better than the original.
All Kinds Are Welcome Here
Incidents of homophobia and Islamophobia dominated
headlines from the 2019 Session. Beneath the head-
lines, LGBTQ and immigrants’ rights were at issue in
legislative battles. While no legislation was passed on
either of these important issues, the fight for equal
16
protection is always one the ACLU-WV takes seriously.
LGBTQ Equality - SB 391
In the aftermath of the displays of homophobia, House
Democrats repeatedly tried to force consideration of
statewide non-discrimination bills, and to amend
non-discrimination provisions into other legislation.
These attempts were all unsuccessful. The Senate,
however, appeared amenable to actually passing
LGBTQ equality legislation. Working with Opportuni-
ty WV, and Fairness WV, the ACLU launched a lobby-
ing and public campaign to encourage an
LGBTQ-equality bill, Senate Bill 391, to be taken up.
Despite promises from Senate leadership, the bill was
never considered. Ultimately, there was no meaningful
gesture to address the hateful rhetoric or to demon-
strate a that a commitment to LGBTQ equality was
more than lip service. This failure left an atmosphere
of bitterness and resentment through the 2019 session.
The West Virginia Refugee
Absorptive Capacity Act - HB 2664
During the 2018 legislative session, the ACLU-WV,
along with a group of faith leaders, nicknamed the G-d
Squad, fought back against anti-refugee and anti-immi-
grant legislation. There were rumors that similar
legislation would run during the 2019 session, in
addition to legislation that would require municipalities
to cooperate with immigration enforcement. True
enough, House Bill 2664, was taken up in the House
Committee on Homeland Security and Veteran Affairs.
The bill would have required invasive tracking of
refugees and given the Governor and local govern-
ments the ability to refuse refugees from entering the
state or localities. Fortunately, several members of the
committee were absent, and a motion to adjourn
passed without the Committee passing the legislation.
It was never taken up again.
Other Bills
Medical Cannabis - HB 2538 &
HB 2079
Medical cannabis saw legislative
breakthroughs with the passage of a
bill that creates a finance mecha-
nism essential to creating a medical
cannabis industry (House Bill 2538).
The Legislature also passed a bill that
would have allowed vertical integration
17 18

between growers, producers, and distributers
(House Bill 2079). While far from perfect, that bill
would have been another crucial step in making medi-
cal cannabis a reality. Unfortunately, it was vetoed by
LEGISLATIVE
resolutions to call an Article V Convention of the
States (HCR 33 and HCR 61). The latter was
ultimately defeated with a late-night filibuster on the
final night of the session by Senator Mike Romano.

the Governor.
Reproductive Rights - SB 564 & HB 2583
The ACLU-WV supported and passed bills that expand
Medicaid coverage for pregnant women (Senate Bill
564), and that allowed for over-the-counter contracep-
tion (House Bill 2583).
Protecting and Expanding Democracy -
SB 266, SB 366, & HB 2008
SB 266 proposed an intermediate court, but specifical-
ly excluded criminal appeals from having an extra
layer of due process. In truth, SB 266 was designed
only to help wealthy litigants win “wars of attrition”.
So the ACLU-WV worked to successfully oppose that
legislation. We also stopped a bill that would have
allowed people to purchase key cards to the Capitol
SCORE CARD
All told, the 2019 Legislative Session was highly
successful. The absence of anti-abortion, or
anti-LGBTQ legislation made it easier for the
ACLU-WV to work on getting positive bills advanced.
The door is clearly open for further criminal justice
reforms. And there is growing momentum to provide
mental health services both in schools and for those
impacted by the criminal system. Between debates
about education reform, and displays of bigotry,
resentment and distrust ran high through the 2019
Legislators were notified before floor votes of the ACLU’s position. At the end of the session,
legislative session. But the fractures that formed in
legislators were given a raw score based on how they voted. Those scores were then put into
this atmosphere are creating an environment where
legislators must choose whether they will stand on the a standard distribution and letter grades assigned.
side of exclusion and bigotry, or whether they will
stand on the side of inclusion and civil liberties or all.

GREGORY BOSO
MIKE AZINGER

STEPHEN BALDWIN

ROBERT BEACH

CRAIG BLAIR

DONNA BOLEY
(Senate Bill 366), giving the wealthiest among us even
easier access to our lawmakers. A bill that would have SENATE
allowed for run-off judicial elections (House Bill 2008)
was supported by the ACLU-WV but did not pass. MEMBERS 55% C 66% B 77% A- 55% C 42% F 55% C

Article V Conventions - HCR 33 and

MITCH CARMICHAEL

CHARLES CLEMENTS

GLENN JEFFRIES
SUE CLINE

DOUGLAS FACEMIRE

BILL HAMILTON

PAUL HARDESTY

WILLIAM IHLENFELD
HCR 61
The ACLU-WV argued in public hearing, in subcom-
mittee meetings, and with individual lawmakers
against two separate 55% C 55% C 55% C 77% A- 66% B 66% B 66% B 66% B

RICHARD LINDSAY

KENNY MANN

ROLLAN ROBERTS
MICHAEL MARONEY

MARK MAYNARD

COREY PALUMBO

ROBERT PLYMALE

ROMAN PREZIOSO
66% B 66% B 50% D 55% C 66% B 66% B 66% B 55% C

RANDY SMITH

RON STOLLINGS

CHANDLER SWOPE

DAVE SYPOLT

TOM TAKUBO

ERIC TARR
MICHAEL ROMANO

PATRICIA RUCKER
66% B 55% C 50% D 77% A- 55% C 55% C 55% C 44% F

CHARLES TRUMP

JOHN UNGER

RYAN WELD

MICHAEL WOELFEL
55% C 66% B 55% C 66% B
 19

83% B
100% A

83% B
83% B

100% A
83% B
83% B
83% B
50% D
83% B
ROBERT THOMPSON JOHN SHOTT CHRIS PHILLIPS CARL MARTIN DAVID KELLY JOSHUA HIGGINBOTHAM GEOFF FOSTER MARK DEAN JIM BUTLER BILL ANDERSON

33% F
100% A

66% C

100% A
66% C
83% B

100% A
80% B
100% A

100% A
TIM TOMVLIN DOUG SKAFF ERIC PORTERFIELD PATRICK MARTIN JOHN KELLY JORDAN HILL DIANNA GRAVES PHILIP DISERIO ANDREW BYRD MICHAEL ANGELUCCI

60% C

100% A
100% A
66% C

66% C
100% A
66% C
83% B

100% A
83% B

CHRISTOPHER TONEY ISAAC SPONAUGLE MIKE PUSHKIN ZACK MAYNARD KAYLA KESSINGER RAY HOLLEN CALEB HANNA JOHN DOYLE SCOTT CADLE MARTIN ATKINSON

100% A

100% A
83% B
100% A
80% B
100% A

100% A
100% A
66% C

100% A
DANIELLE WALKER MARGARET STAGGERS RODNEY PYLES PAT MCGHEEHAN LARRY KUMP SEAN HORNBUCKLE EVAN HANSEN JOE ELLINGTON JEFF CAMPBELL TOM AZINGER

66% C
83% B

100% A
83% B

100% A
100% A

100% A
83% B
83% B

83% B
TERRY WAXMAN BRANDON STEELE BEN QUEEN TIMOTHY MILEY CINDY LAVENDER-BOWE JOHN HOTT DANNY HAMRICK PAUL ESPINOSA JOE CANESTRARO JASON BARRETT

83% B

83% B
83% B
100% A

100% A
100% A
83% B

100% A
100% A
100% A

STEVE WESTFALL ERIKKA STORCH ANDREW ROBINSON RODNEY MILLER DANIEL LINVILLE ERIC HOUSEHOLDER ROGER HANSHAW AMANDA ESTEP-BURTON MOORE CAPITO MICK BATES
83% B

83% B

100% A
83% B
83% B

83% B

100% A
100% A
100% A
100% A

JOHN WILLIAMS AMY SUMMERS RALPH RODIGHIERO ERIC NELSON LINDA LONGSTRETH GARY HOWELL JOHN HARDY ED EVANS MIKE CAPUTO TOM BIBBY

100% A
83% B

100% A

66% C
66% C

83% B
33% F

100% A
100% A

100% A
HOUSE OF DELEGATES MEMBERS

S MARSHALL WILSON RANDY SWARTZMILLER MATTHEW ROHRBACH JEFFREY PACK CHAD LOVEJOY DEAN JEFFRIES JASON HARSHBARGER TOM FAST ROY COOPER BRENT BOGGS

100% A

66% C
100% A

80% B
50% D
66% C

100% A
83% B
100% A
100% A

EVAN WORRELL TERRI SYPOLT RUTH ROWAN TONY PAYNTER SHARON MALCOM JOE JEFFRIES WILLIIAM HARTMAN SHAWN FLUHARTY DARYLE COWLES NATHAN BROWN

100% A

100% A
100% A

83% B
100% A
83% B

100% A

100% A
66% C
100% A

ZUKOFF
LISANAME CODY THOMSONNAME LARRY ROWE DAVE PETHTEL
NAME JOHN
NAMEMANDT D JENNINGS
NAME KENNETH HICKS BARBARA FLEISCHAUER
NAME VERNON CRISS
NAME BROWN
SAMMINAME
20
21 22

High emotion and passionate disagreement are part of group identified as an anti-Muslim hate group by the
every legislative session in West Virginia. Tempers Southern Poverty Law Center. Predictably, this hate

flare. Intemperate words are used in the heat of
debate. This is all part of a functioning democracy
where our elected leaders are making decisions that
can have a huge impact on real people’s lives.
But something quite different infected our Capitol this
year. Something much darker and more dangerous.
Fixing
group posted virulently Islamophobic literature and
posters.
The bigots who infected our Capitol this legislative
session brought shame upon our state. The ACLU of
West Virginia is a fiercely nonpartisan organization.
But we cannot let that prevent us from speaking the

Open and unrepentant bigotry found a home under the
dome this legislative session.
Two particularly ugly incidents marred the entire
session. First, a freshman delegate from Mercer
County, Eric Porterfield, embarrassed himself and our
entire state with outrageous statements of hatred
West
truth. And the truth is that the GOP protected Dele-
gate Porterfield from condemnation and chose to
literally give a platform for Islamophobes to spew their
hatred.
The ACLU of West Virginia is a free speech organiza-
tion. Our track record is clear: we will defend speech

virginia’s
directed at the LGBTQ community. First during a that we find absolutely abhorrent from undue govern-
committee meeting, while Delegate Porterfield argued ment interference. However, in the case
in favor of an amendment to a bill that would of the bigots in the
overturn all of the local LGBTQ Capitol this past
nondiscrimina- legislative session,
tion ordinances the hateful speech
in the state, he was not under

Broken
quoted a attack from the
right-wing provo- government. If
cateur and used anything, the
an anti-gay slur. actions of those in
In subsequent power---repeatedly
media interviews, voting against
Delegate Porter- LGBTQ nondis-

Criminal
field compared the crimination,
LGBTQ community pushing anti-refu-
to the Ku Klux gee legislation,
Klan and even and providing a
implied that he forum for the
would drown his Islamo-
children if he learned phobes---seemed to

Justice
that they were gay. actually condone the bigots.
Delegate Porterfield
showed us that he is a bigot. Sometimes, the reflexive response of defenders of the
First Amendment is to immediately defend bigoted
Republican leadership in the House refused to take any speech as being protected. However, where, as here,
action against Delegate Porterfield. They didn’t the bigoted speech is not under any threat of govern-
remove him from any committee assignments. They ment censorship, the automatic and immediate defense

didn’t censure him. Nothing. Moreover, the Republi-
can caucus repeatedly followed Delegate Porterfield’s
lead and voted in lockstep preventing LGBTQ nondis-
crimination legislation from coming to a vote. Leader-
ship’s refusal to challenge Delegate Porterfield’s bigot-
ry led to a passionate response from the Democrats.
There was a heightened, almost palpable, tension for
the remainder of the legislative session.
A few weeks later, in the midst of this tension, bigotry
once again dominated news from the Capitol. The
state GOP, which set up exhibits in the rotunda
outside of the House chamber, gave tablespace to a
System
of the speech seems, at best, tone deaf and, at worst, a
tool of white supremacy. As a free speech organiza-
tion that also works to extend the promise of the First
Amendment and the rest of the bill of rights to those
groups that have traditionally been denied its protec-
tions, we believed the appropriate response to the
bigots’ speech was to unreservedly condemn that
speech. It was not under threat from government
interference. But unchallenged, it constitutes a threat
itself.
23
How the ACLU of WV is working
to Holistically
Reform Criminal Justice
It is no secret that West Virginia has a mass incarcer-
ation problem. Our jails and prisons are over capacity,
understaffed and in deteriorating condition. To truly
solve this problem, West Virginia cannot focus its
political will at only one solution. Instead, a holistic
approach is needed to fix our broken criminal justice
system to ensure initial contact does not automatically
result in incarceration and when a person is jailed,
they are given the necessary resources upon reentry to
reduce recidivism.
In the face of the addiction epidemic and with increas-
ing numbers of criminal offenses leading to more
people being jailed, West Virginia cannot afford to
continue with business as usual. And it is a business.
Whether it is the cash bail system or the overall
prison industrial complex, our criminal justice system
has created for-profit industries that have a vested
interest in maintaining the status quo. In order to
disrupt this cycle of mass incarceration, we must
deconstruct the financial incentives currently at play
that are perpetuating the problem. That means creat-
ing a bail system that does not take advantage of low
income individuals’ inability to pay, establishing more
rational responses to crime that are based in rehabili-
tation, and providing tools for people reentering
society and leaving the system to reduce the likelihood
that they reoffend.
Ultimately, West Virginia cannot end mass incarcera-
tion without recognizing and examining the social and
institutional failures that bring people to the justice
system in the first place. To do this, the ACLU of
West Virginia is working to reform the current crimi-
nal justice system at each point of contact: at the
outset, limiting arrests in the first place; in the
middle, by reforming pre-trial and post-conviction
detention; and at the back end by creating a path for
reintegration.
Preventing Contact
We want to prevent a first contact with the justice
system by decreasing police intervention in our lives.
This includes efforts to end the war on drugs and
reform policing behavior.
It is imperative we not only educate and provide
resources to high risk populations on their rights but
also introduce police sensitivity and de-escalation
training to ensure law enforcement is working for and
not against us. Doing so better ensures an individual’s
first handshake with the system does not result in
incarceration.
Similarly, West Virginia must acknowledge its own
policy failures and work to correct the mistakes of the
past. The war on drugs has been a complete failure.
Drug use has not declined, while millions of
people–disproportionately poor people and people of
color—have been caged and then branded with criminal
records. In a state with very high rates of substance
abuse disorder, West Virginia cannot continue punish-
ing criminal drug offenses at the same rate. To solve
the drug epidemic, we must turn our attention to
evidenced-based practices by creating social structures
that prevent addiction and treat it as the mental health
disorder that it is. That includes properly funded
mental health providers in schools, rehabilitation
options, needle-exchange and other harm reduction
programs, and de-stigmatization campaigns. All of
these solutions, along with decriminalization of canna-
bis, will inevitably lead to lower incarceration rates
and a more just society.
Pre-Trial Detention Reforms
With West Virginia jails bursting at the seams, our
state can no longer support a bail system where the
wealthy can pay their way out of jail while
everyday West Virgin-
ians are forced to
give up their
freedom and
family because
they’re too
pay. The
poor to
Prison
Policy
Initiative
estimated that as of 2013, pretrial detainees outnum-
bered convicted people locked up in West Virginia jails
and prisons. These are people who are held because
they are either denied bail, or are unable to meet bail
– they have not been convicted of a crime. At a
fundamental level, this turns the principle of “innocent
until proven guilty” on its head.
Those who cannot afford bail must remain in jail while
they often wait months for a case to go to trial.
During this time, they have not been found guilty of
any crime. In that time they are likely to lose their
job. They may lose housing or fall behind on car
payments. They are likely to face major family disrup-
tions. For this reason, many people give up their
constitutional right to a trial by jury, and instead
make plea deals, even to crimes they did not commit,
just to return to their lives, unaware of how a guilty
plea can follow them for years. Even people who can
make bail often incur financial hardships to meet the
up-front money requirements or have to get involved
with the predatory bail-bond industry.
Reforming the cash bail system would be a boon for
the state. It would lower jail bills and make safer
conditions for inmates and officers alike. It would
create a more just justice system – one that isn’t
based on wealth.
Creating A Path For
Reintegration
Once you’ve served your time, you shouldn’t be expect-
ed to re-enter society with both hands tied behind your
back. We want to create opportunities and support for
people who are reentering society after incarceration
to significantly decrease the chance they will reoffend.
This past legislative session, West Virginia saw some
of its most significant reforms enacted around creating
a reintegration pathway for people exiting the criminal
justice system. In total, five critical bills passed
making way for significant opportunities for formerly
incarcerated individuals. These advancements generate
the conditions for successful reentry by removing
potential stumbling blocks that may lead to someone
reoffending. This type of forward thinking is impera-
tive to ending the cycle of recidivism and ultimately,
reducing mass incarceration. Policymakers should be
applauded for their efforts but also recognize these
reforms alone will not be enough to end mass incarcer-
ation.
Even after release, people with criminal convictions
move through life shackled and chained to their
24
mistakes. If we
expect people
to fully inte-
grate back into
the workforce
and become
productive
members of
society, we
cannot contin-
ually penalize
them. More
proactive
reforms are
needed to
ensure their
success and the success of
our state.
Mass Incarceration At A
Glance
West Virginia Jail and Prison Population at a glance.
In June 2017 there was an average of 4,929 people in
regional jails in West Virginia on any given day.
Nearly 1 in 4 people admitted to West Virginia prisons
in 2014 was convicted of a drug offense.In 2017, 59
percent of people in West Virginia prisons had less
than a high school education.
The imprisonment rate of Black adults in West Virgin-
ia was nearly four times that of white adults in 2017.
Roughly 1 in every 5 people in West Virginia prisons
in 2017 were over the age of 50. The number of women
in West Virginia prisons grew by 22 percent between
2007 and 2017.
Of all people revoked to prison from probation in 2010,
62 percent needed substance use treatment. At least
22 percent of people admitted to West Virginia prisons
in 2011 who were examined were identified as in need
of mental health treatment. It is estimated that 85 to
90 percent of incarcerations in West Virginia can be
attributed to drug or alcohol use.
Between 1980 and 2016, West Virginia’s prison popula-
tion increased nearly six-fold (470 percent increase).-
General fund spending on corrections increased by 307
percent between 1986 and 2017. In 2017, West Virginia
spent $191 million of its general fund on corrections.
25 26

21 Years of Defending staff at the hospital was white, but the vast majority of
the patients were Black. And they were all poor.
office, the one that has stuck with her the most is,
sadly, one where justice was not achieved. It was a

Civil Liberties
Monica could see inequality and racism up close in the
county emergency room. She also saw firsthand how
these evils could combine with the state power---this
was the hospital police took injured people who were
accused of crimes. The structures of white supremacy
and classism were impossible for Monica to miss
case where the police had followed three young college
students around town, eventually pulling them over
and holding them at gunpoint. None of the students
had any drugs or other contraband. These were good
students, coming home from the barber. And, oh yeah,
they were Black. The inability of these young men to

A Fond Farewell to Monica Neal

On September 15, 1963, Ku Klux Klan members
bombed the 16th Street Baptist Church in Birming-
ham, Alabama, murdering 4 young Black girls---Addie
Mae Collins, Carol Denise McNair, Carole Robertson,
and Cynthia Wesley. This terrorist attack was a
turning point in the Civil Rights Movement. It
changed our country and it had an indelible impact on
millions of Americans who gained a greater insight
into the brutality of white supremacy.
A few blocks away from the terrorist attack, 10 year
old Monica Neal (then Gribbon) was sitting in church
when she heard the explosion. When she found out
what had happened, Monica was utterly horrified. She
did not know any of the girls who had been killed, but
it was impossible not to put herself in their shoes.
Monica Neal is a name you may not recognize. But
Monica has done as much to advance civil liberties in
West Virginia as anyone over the past quarter century.
Monica has worked behind-the-scenes for the ACLU of
West Virginia as Office Manager, ensuring the smooth
running of our operations for the past 21 years.
Monica has had a hand in every lawsuit, every legisla-
tive fight, every know-your-rights training and every
membership event the ACLU of West Virginia has had
for decades.
Monica is planning to retire at the end of this year.
This well-deserved retirement is going to be a serious
blow to our organization. Monica has worked along-
side six Executive Directors (and three Interim Execu-
tive Directors). She has a deep institutional knowl-
edge of the ACLU of West Virginia that simply cannot
be replicated. She will be missed by the organization
and all of us who have had the pleasure to work with
her.
Monica is extremely private and humble. As a result,
not many people in West Virginia know the impact she
has had on the fight for justice in the state. So, as
Monica approaches retirement, we thought it was
important to tell her story.
Monica’s story starts in segregated, Jim Crow
Alabama. Monica, who is white, grew up in a working
class household in Birmingham. Her father was a
steelworker who had been born in Alabama in 1910.
And while he fell into some of the trappings of his time
and place, he definitely did not fit the stereotype of a
post-Confederacy white man in Birmingham.
Monica grew up in an integrated environment. Her
family had plenty of Black friends. But in Jim Crow
Birmingham, that meant that the visits were strictly
outside. Black friends would not come into Monica’s
home because doing so could be dangerous for them
and Monica’s family. There were a number of
well-known Klan members who lived on little Monica
Neal’s street.
Even as a child who had been socialized in the Deep
South, Monica was deeply disturbed by the society
around her. While in high school, race riots tore her
school apart in the early days of integration. Accord-
ing to Monica, “It was horrible to see how people were
treated because of the color of their skin. It was
terribly sad. And it was embarrassing, because people
associated us with that because we were from Birming-
ham.”
Perhaps Monica’s family was more accepting of others
than was typical of the time because they had been
ostracized due to their Catholic faith. Neighborhood
kids weren’t allowed to associate with them because of
their religion. Sometimes kids threw rocks at Monica
and her siblings when they were going home from
school. Truancy officers would come by Monica’s home
every Catholic holiday threatening to take them to
juvenile detention centers for missing school. And of
course, their Klan neighbors didn’t much like Catholics
either.
After high school, Monica went to work. When she
was 19, she got a job that had a significant impact on
the woman she is today. Monica was an admissions
clerk at the Jefferson County (Alabama) Hospital. This
was a hospital for indigent people. About 95% of the
working at the hospital. obtain justice through the legal system for the obvious
racial profiling they had endured reinforced for Monica
When Monica was 21 years old, she gave birth to her the same lessons she had been learning throughout her
first daughter. Shortly thereafter her small family life about inequity in our society.
moved a number of times following jobs---first to
Lexington, KY, then to Nashville, TN before returning As Monica readies to enjoy her retirement, all of us at
to Birmingham. In 1983, Monica’s second daughter ACLU-WV hope she knows that we value her, we will
was born. miss her and we thank her. We thank her for her
patience. We thank her for her honesty. We thank
In 1985, a job opportunity moved Monica and her two her for her kind heart. We thank her for her hard
daughters to Paintsville, Kentucky, which is in the work. We thank her for her toughness. And we thank
rural Eastern part of the state. Monica was shocked her for compassion.
to find that this small town in Appalachia was much
more racially segregated than anywhere she had been
in Alabama. Monica saw essentially no interaction
between the white and Black population of Paintsville.
The town was so racially divided that Black and white
residents had worked out a schedule when they would
each separately use the grocery store. When Monica
moved to town, she didn’t know about this arrange-
ment and got some strange looks when she shopped at
the “wrong” time.
Eventually a job opportunity landed Monica in St.
Albans, West Virginia. She and her daughters have
lived in St. Albans for the past 29 years. In 1998,
Monica saw an ad in the paper for a job opening with
the ACLU of West Virginia, and she got the job.
Working on the cutting edge of civil liberties and civil
rights work for more than two decades is sure to
change someone. Monica believes her views on prison-
ers’ rights and reproductive rights have changed most
dramatically since coming to work with ACLU-WV.
After reading thousands and thousands of requests for
legal assistance, Monica has fully rejected the narra-
tive frequently presented in the popular media that
prisons are “cushy” places to live. And after spending
years at an organization that works on reproductive
rights, Monica’s views on the subject have evolved
significantly from her time growing up in an observant
Catholic home in Alabama. She now believes that
regardless of what she personally may think about
abortion, she “should have no right to interfere with
what [her] neighbor does in relation to her reproduc-
tive healthcare. And a group of old men surely
shouldn’t be able to make those decisions.”
Of all of the cases Monica has seen come through our
27 28

S
OUR E H A R E D Adham’s Story

HOTMHE
Adham, a college sophomore, sits in the student center
at Marshall University waiting for his next class to
begin. “I just don’t enjoy the sciences as much I
thought I would,” he says while toying around with the
idea of switching majors from pre-dentistry to business
The truth is, he and his family are choosing to stay in
our state when so many are choosing to leave. In 2016
alone, immigrants contributed $76.3 million in West
Virginia state taxes and on average, they are 2.5 times
more likely to have a college degree than native-born

L L S
West Virginians. These staggering statistics lead to

H I
management. Adham sought asylum from Syria and

AMONG
moved to the United States five years ago with his one conclusion - immigrants are a vital part of West
mom and four brothers. With self-described “luck” and Virginia’s economy and we should not be creating
determination, they fled the war torn region and made policies that deter them from living in and contributing
their way to West Virginia where his uncle lived. to our state.
Leaving his father
and the only life Staying alive in a war torn country, fleeing your
he knew behind, home for a better life, and resettling in a
his family settled new, foreign place is no small feat - especially
in Charleston before the age of 20. Adham’s story is
and started harrowing, but it shares many common
anew. themes with countless immigrants actively
choosing to call West Virginia home. The
When asked ACLU of West Virginia is working to ensure
what he likes people like Adham and his family are welcome

West Virginia Can’t Afford To

most about in our state by fighting racist and bigoted
West Virginia, policies that create barriers for their arrival.
Even without the economic benefits, denying

Turn Its Back On Immigrants

With a declining population,
West Virginia is in no place to
turn away people that want to
come to our state.
he doesn’t
hesitate to access to people who want to live in our state
answer the does not reflect our values as West Virginians.
outdoors and
the people - Before leaving, Adham turns back and says one
“It’s small and a huge number of people like to help last thing, “West Virginia is home for me.” A
each other,” he says. proud declaration with clear implications and, no
doubt, echoed by countless other people whose roots
The transition hasn’t always been so easy. He take hold in the
describes the adjustment as “stressful” being careful Mountain State.
not to say hard or difficult. Even though his dad was
able to flee Syria for Saudi Arabia, they have not been
successful in getting documentation to bring him to
the United States. As the oldest of five siblings, that
leaves the bulk of the responsibility for raising his four
brothers to his mother and him.
Immigrants in West Virginia
are “I want people in the state to know we don’t need
2.5 times more likely to be
college money. We are happy,” a phrase he employs to justify
his family’s existence in West Virginia. It’s no surprise
educated than non-immigra
nts. he feels the need to overstate this point given the
current national political climate and the abhorrent
proposed anti-immigration policies coming out of the
West Virginia Legislature.

Not too long after settling in West Virginia, Adham’s

In 2016, immigrants in West
Virginia contributed $76.3
million in state taxes.
mom purchased a small restaurant in
South Charleston - a move that further solidified their
ties to the region. With the new business and the
pursuit of his education, it’s hard to deny Adham’s
family is living out the promise of the American
dream.
29
When Ryan Met Ali
As we learned the horrifying details of President
Trump’s policy of separating families at the border,
many Americans experienced anger, fear and sadness.
For native West Virginian Ryan Brown, the news
stories rekindled personal trauma she has experienced.
Ryan is the victim of a different type of family separa-
tion policy being carried out in our names by the U.S.
immigration system.
During the long, bloody civil war that ravaged Sierra
Leone during the 1990’s, Mamadu Ali Balde (Ali)
witnessed the execution of many of his close family
members. Ali narrowly escaped capture from the rebel
army, who killed and maimed his family and friends,
and fled to the neighboring country of Guinea where
he stayed in a refugee camp organized by the United
Nations.
In 1999, as a young man with virtually no English
skills and no knowledge of the US immigration system,
Ali made his way to the United States. Unlike so
many others, he had survived the extreme violence and
persecution. He had found safety. And he had a
future.
Ali applied for asylum in the United States. As a
survivor of the war in Sierra Leone, Ali seemed a
perfect candidate for asylum. However, his application
was the start of what would be a long and difficult
struggle with our broken immigration system. For
thirteen years, Ali’s asylum case went back and forth
between the byzantine immigration court system and
the federal court system.
During that time, Ali made the United States his
home. He worked, found community and met Ryan,
whom he soon realized was the love his life. Some
30
would say that Ryan, the West Virginia girl, and Ali,
the West African refugee, made an unlikely couple.
In June 2017, Ali was called to report to the ICE office in Charleston, WV. They revoked his order of supervision
without any explanation. They arrested Ali took him to York County Prison in York, PA. The ACLU of Pennsylva-
But at heart, both Ryan and Ali are survivors. nia filed a suit on Ali’s behalf claiming a violation of his civil rights and unlawful imprisonment. Sadly, before the
judge issued a decision in that case, the government of Sierra Leone agreed to accept Ali’s deportation after
While Ali’s immigration case was being litigated, Ryan being pressured by the US government.
knew in the back of her head there was always a
chance Ali’s asylum claim could be denied. At first, it In September 2017, Ali lost his fight to stay in a country where he felt safe, where he has friends, where he
prevented her from fully giving in to the love they worked to live a simple and peaceful life with his wife Ryan. Yet another family torn apart by our broken system.
shared. But after years together, Ryan could no
longer let her fears surrounding the immigration case West Virginia lost an exceptional human being who was a productive, tax-paying member of society---someone who
control her life decisions. In 2010, Ali and Ryan took fully contributed to his community and deserved a good life. All Ali sought in return was the chance to work for
the leap and got married. basic human necessities and live a life free from fear. Instead, he was deported back to a country where he had
been traumatized and had nothing.
Ali was not able to apply for permanent residency (a
green card) based on his marriage to Ryan because of After arriving in Sierra Leone, Ali traveled to Guinea where a surviving brother who also fled the war currently
his initial denial of asylum 11 years earlier. After lives. His living conditions in Guinea are deplorable and heartbreaking. He has no running water, no sewage
thousands of dollars in legal fees, Ali lost his final system, no stable job or income, limited electricity, and no access to medical care.
federal appeal in 2012 due to lack of qualifying docu-
mentation and was issued a final order of deportation. Ryan and the rest of Ali’s family have struggled to cope with his absence. While they continue to seek a legal
In January 2012, Immigration and Customs Enforce- remedy that could pave the way for Ali’s return to West Virginia, they constantly worry about his safety, health,
ment (ICE) agents arrested Ali at their apartment as and emotional well-being. They worry whether his most basic necessities like food and clean water are being
Ryan looked on. ICE took Ali to an immigration met. And they worry whether they will be able to maintain regular communication with the man they love.
detention center in York, PA where he spent nearly a
year in prison. This is the reality of our immigration system. This is the reality of family separation. This is the reality of
America.
Throughout Ali’s incarceration, Sierra Leone refused
to cooperate with ICE or recognize Ali as a native
citizen. As a result, ICE could not deport him to
Sierra Leone. Nonetheless, ICE continued to hold
Ali---a hard working man who was a model resident of
the United States---in prison.
After 11 months behind bars, in November of 2012,
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Virginia where he was reunited with Ryan.
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States and work legally, but he could not apply for
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try. Ali was neither able to leave the country, nor
adjust status to become a legal resident of the US. A
good man and his family were trapped in a broken
system.
Credits
Photo Credits: Rafael Barker, Billy Wolfe, Julie
Hamilton and Joseph Cohen
Contributing Credits: Kendra Gillenwater,
Tix Rumbaugh, Loree Stark, Mollie Kennedy,
Joseph Cohen, Eli Baumwell and Tim Ward
Design Credit: Tyler Williams Design