Friday, June 14, 2002
Keep printing
Newspaper risks contempt
On a list of things worth fighting for, your name certainly belongs near the top.
That's what is going on down in Inez, Ky., where the owner, publisher and editor of the county's only newspaper may get locked up for defying the local political establishment.
The paper is owned by Lisa Stayton. Her brother, Roger Smith, is the publisher. Gary Ball, a former coal miner bitten by the newspaper bug four years ago, is the editor. They have been ordered to show cause why they should not be held in contempt of court because they dared to go to press.
A few weeks ago, I reported that John R. Triplett, Republican Party chairman of Martin County (Pop. 12,500), was trying to kill the weekly newspaper because it questioned the way he has been running the Martin County Water District.
If you are one of the Mountain Citizen's 6,000 regular subscribers, you are familiar with this story. For the rest of you, allow me to recap:
John R., as he is referred to by the locals, is a big man in and around Inez. In addition to being party chairman in a heavily Republican county, he is one of the town's leading lawyers. One of his pals, the CEO of the local bank, is Robert Mike Duncan, treasurer of the Republican National Committee. John R. also is a memberof the local water board, and for the past three years, served as its chairman.
With all that local prestige, he didn't like the front page stories that kept running in the Mountain Citizen about how bad the water system is. There were stories, with pictures, about how most of the time the water coming out of the town's taps is a foamy brown swill that smells and tastes as bad as it looks. There were stories about money budgeted for repairs that never got made and stories about mandatory boil orders for customers and findings against the system by the Kentucky Public Service Commission and Kentucky Water Division.
When the paper wouldn't lay off, John R. went looking for leverage. He thought he found some when he learned that Ms. Stayton had allowed the newspaper's corporate name to lapse. Quick as a snake he filed claim on the name Mountain Citizen Inc., in Frankfort. Then he talked Circuit Judge Daniel Sparks, a political crony apparently unfamiliar with the niceties of the First Amendment, into issuing an order against the newspaper.
Based on John R.'s claim that he would be irreparably damaged if the newspaper used his corporate name, the judge issued a restraining order against the newspaper and the company that prints it every Tuesday night in nearby Pikeville. There was no hearing; the Mountain Citizen was notified of the judge's order by fax.
Fortunately for the people of Martin County, Ms. Stayton had the courage to stand up to this legal mugging. She found another printer and continued to publish.
The paper claims Mountain Citizen is a common-law trade name it has used for more than a decade, and that Mr. Triplett can't force them to stop using it even if he has a similar corporate name on file in Frankfort.
Meanwhile the water system still has problems. The U.S. EPA recently required the district to issue a notice to its customers that it violated several drinking water monitoring and reporting requirements over the months of January-April 2002. The water is generally safe to drink although there may be a risk to the very young, the elderly or those with poor immune systems.
The water is still brownish and boil orders are frequent. One was issued Thursday morning for the entire county until further notice because a broken main may have contaminated the system.
Mountain Citizen Editor Ball says the boil order is meaningless for a lot of people because with the main broken, no water comes out of the taps.
That brings us up to date except for a couple of details:
Thanks to widespread publicity in newspapers other than the Mountain Citizen, John R. Triplett is now a nationally-known small-town bully.
The continuing publication of the Mountain Citizen apparently has driven Judge Sparks into a froth reminiscent of a glass of Martin County tap water. Without a request from Mr. Triplett or his attorney, the judge issued the show cause order against Ms. Stayton, Mr. Smith and Mr. Ball on his own. He could decide to throw them in jail, particularly if they continue to publish. The next edition is due out Wednesday the same day as the hearing.
Read all about it.
Contact David Wells at 768-8310; fax: 768-8610; e-mail: dwells@enquirer.com
Cincinnati.Com keyword: Wells.
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