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If you read this you are under a restraining order

Climate Ground Zero activists face contempt charge for violating judge's order to halt anti-mountaintop removal protests

Eleven activists are set to appear before Raleigh County District Judge Robert Burnside to show why they should not be held in contempt for violating temporary restraining orders (TRO) brought by four Massey Energy subsidiaries. Massey said the activists violated the TRO by stopping work again on March 5 and April 16th on the Edwight Surface Mine in Raleigh County. The defendants, who were cited for trespass and released, are awaiting trial on charges of criminal trespass.
The restraining orders were the result of three protests in February that halted Massey mountaintop removal operations on the Edwight mine and on Coal River Mountain.

The activists say the restraining orders are overly broad and should be vacated because they not only bar those that have already trespassed on company property, but "all other persons allied, associated, confederating, conspiring, or acting in concert with them," and indeed anyone who ever finds about the restraining orders, from trespassing on Massey property or interfering with the company in any way. The defendants are also barred from aiding or assisting in any way, others in doing the same. Nine of those charged with contempt of court were not named on the restraining orders and activist Mike Roselle is charged with contempt only for allegedly recruiting participants for the March 5 protest.

Lawyers for Massey have requested that defendants be ordered to pay compensatory damages or a maximum of $5,000 per person (whichever is greater) and compensate Massey for all court costs. Massey has also requested that all photographs and videos of the protests be turned over to them, that any and all publication of the same be barred, and that all proceeds from the use of the media be turned over to them. Finally, Massey is requesting that all the defendants be jailed until they swear in open court never to violate the restraining orders again. According to West Virginia State Code Section 48-1-304, the maximum sentence for civil contempt of court is a 6-month jail sentence.

"Massey Energy cannot silence us" said Mike Roselle of Climate Ground Zero. "Massey Energy is a corrupt and criminal syndicate and we will prove this in court. It is Massey that is trespassing on the public domain by irreparably altering the landscape and poisoning the air and water of this community."



In the long run, we're all dead. John Maynard Keynes
by Jerome a Paris (etg@eurotrib.com) on Mon Jun 22nd, 2009 at 02:34:40 PM EST
[ Parent ]
If you read this you are under a restraining order.

Thank you JaP for posting this.

Thankfully, no one here on ET can read, so we're all safe.

JaP's original post was about the lethality of coal, which to those of you who could once read means "increased" death from coal.  Actually, more dead doesn't really matter when compared to reaching quarterly profit targets.

I just wanted you all to realize that in attempting to stop uncivilized deaths, you are guilty of having read these posts, and are prevented from taking action against said supercilious deaths.  At least according to the most advanced jurisprudence system in the world.

Of course, you could consider civil disobedience, but then you would be guilty of civil disobedience.

Actually, i thought Spiderman 3 was pretty good.

PS.  Do you think a civilization based upon poison will survive?

PPS.  Don't go to West Virginia to protest, they're only mountains, they can grow again.

"Life shrinks or expands in proportion to one's courage." - Anaïs Nin

by Crazy Horse on Mon Jun 22nd, 2009 at 06:52:29 PM EST
[ Parent ]

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