west virginia resident sues over mugshot on arre.st (then wvjails.info)

4
Green recipient of free auto repair Week of: January 3-January 9, 2013 Travis Crum The Charleston Gazette (MCT) CHARLESTON For many former West Virginia jail inmates, their mug shots are a visual reminder of some of the worst moments in their lives. One Clarksburg man has capi- talized on this by creating a web- site compiling booking photos from every jail and prison in the state. The man then charges a steep fee to get those mug shots scrubbed from cyberspace. Ohio lawyer Scott A. Ciolek said this practice “amounts to nothing short of fraud” and ex- tortion. He has sued five similar websites to prove his point. The website registered in Clarksburg, WVjails.info, is next on his list, he said. Jason Watson of Clarksburg owns WVJails.info and its main company, US Support Services LLC, according to the West Vir- ginia Secretary of State’s Office. The site is licensed as an “in- formation and data processing server.” That server is registered online to a “Mr. Watson.” Watson has created about 30 similar mug shot websites in Arizona, Florida, Georgia, Ken- tucky, Minnesota, Missouri, Ohio, North Carolina, Tennessee and Pennsylvania, according to the server’s information. Watson also created a separate server, Arre.st, in which mug shots from West Virginia and the other 30 websites are double posted. He charges $51.80 for West Virginians to remove a photo from Wvjails.info. On Oct. 29, the Better Busi- ness Bureau launched an investi- gation into Watson and his busi- ness practices after receiving four complaints in the past three years. Investigators couldn’t fol- low up because a working phone number for Watson could not be found. However investigators discov- ered that Watson “had additional websites and seems to have mul- tiples of the same information on different websites causing some individuals to have to pay to have their information removed from several websites.” The bureau concluded that Watson has a First Amendment right to operate his business but investigators felt “the company is using high pressure and un- ethical business practice to in- timidate individuals.” Those who complained said they paid to have their mug shots removed only to find the photos moved onto another website. Ciolek asks that anyone with a mug shot on WVjails.info or any- one who’s paid to have his or her photo removed from that site to join him. In Ohio, he filed a class-action lawsuit on behalf of more than 259,000 people who’ve been placed on mug shot websites there. He’s seeking $10,000 in damages per photo posting. West Virginia, like Ohio, has similar laws when it comes to publicity rights. “Every person in West Virginia has a right to control the com- mercial exploitation of their im- ages and their names,” he said. Mug shots are public record and frequently are used by news organizations. “That’s fine, because that’s protected by the First Amend- ment right to [a free] press,” he said. “In fact, if these mug shot websites simply posted the pic- tures of the people with no com- mercial exploitation, then that Lawsuit filed over mug shot websites Ken Ward Jr. The Charleston Gazette (MCT) CHARLESTON — West Virginia led the na- tion in 2012 with seven coal-mining deaths, according to preliminary figures from the U.S. Department of La- bor’s Mine Safety and Health Administration. The fatality count for 2012 was one more than the six West Virginia coal miners killed in 2011. Nationwide, 19 coal miners were killed in on-the-job ac- cidents last year, down slightly from 21 coal fatalities in 2011. The nation also recorded 17 metal and nonmetal mining deaths in 2012, up from 17 the previous year, ac- cording to MSHA data. Across all types of mining, the industry’s total fatality count in 2012 was 36, down from 37 in 2011, and half of the 71 who died in 2010, when 29 coal miners died in an explosion at the Upper Big Branch Mine in Raleigh County. Alpha Natural Resources accounted for three of West Virginia’s mining deaths last year, and CONSOL En- ergy accounted for two. The other deaths occurred at mines owned by Coal River Mining LLC and Arch Coal. Kentucky had the second most coal-mining deaths last year, with four. Alabama had two, and Colorado, Illinois, Indiana, Ohio, Tennessee and Virginia had one each. West Virginia has led the nation in coal-mining fatali- ties in five of the last dozen years. Kentucky led the na- tion six times during that period, and Utah led once, in 2007, when nine workers died in the Crandall Canyon Mine Disaster. On Dec. 21, the Obama administration outlined new timelines for several key mine safety initiatives, as part of the publication of the government-wide semi-annual regulatory agenda. The MSHA regulatory agenda says the agency will finalize by May a proposed rule to require “proximity detection” devices that would shut down certain under- ground mining equipment when workers get too close, to help prevent injuries and deaths caused by collisions. MSHA also says it will finalize by June its long-awaited rule aimed at reducing miners’ exposure to coal dust that causes deadly black lung disease. A new rule on how to handle increased enforcement at mining operations that exhibit patterns of violation is due to be finalized later this month. And a second proximity device rule, to expand the requirement to other mobile underground equipment, is to be published in draft form in July, MSHA said. The black lung rule in particular has been basically stalled since not long after it was proposed in October 2010, in part because of opposition from industry and from Republicans in Congress. Black lung, or coal workers’ pneumoconiosis, is an ir- reversible and potentially deadly disease caused by expo- sure to coal dust. In 1969, Congress made eliminating black lung a na- tional goal with a law that required mine operators to take steps to limit exposure. The law greatly reduced black lung among the nation’s coal miners. Scientists have found, though, that black lung is on the rise again. Researchers have warned of a doubling of black lung rates since 1997, and of an alarming incidence of the disease among younger miners, whose entire careers took place under the 1969 law’s dust limits. In West Virginia, more than 2,000 coal miners died of black lung between 1995 and 2004, second only to Pennsylvania, with 4,234 black lung deaths during the same period, according to government data. Nation- wide, black lung killed more than 10,000 miners during those years. “We hope that they can actually get those rules in place by the timelines they have laid out,” said Phil Smith, spokesman for the United Mine Workers union. “Coal miners have been waiting for these things for a long time.” Reach Ken Ward Jr. at [email protected] or 304-348-1702. W.Va. led nation in 2012 mining deaths Martha Sparks Society Editor MAN — Late last fall, Mac’s Auto Parts and Mac’s Service Cen- ter took nominations on who would be the recipient of free auto repairs worth $500. In late November, through a nomination from Gale Thompson, Polly Green of Chapmanville received the free auto repairs. Thompson’s nomina- tion read “I would so love it if a wonderful lady could win this and I can’t think of anyone more deserving. For years I’ve wished I could do this for her and since I can’t this would be great. “I’m not telling her I nominated her, just in case. Long story short, her name is Polly Green, lives in Chapmanville, and she’s 80 years young. A good Chris- tian woman, mother and grandmother, and friend to all. Every day she takes people to doctor appointments or wher- ever they need to go. Always on the run for others and never com- plains. “Her old Ford, I think it’s an 83, needs new tires and some days it sounds like its not gon- na go. Polly just keeps on going and with some prayers she gets there and back. I really just can’t put into words how great it would be for me and lots of others who love and admire her, to know her little car is in better condition. “Please consider her. I forgot to tell you a few more reason I think Polly Green should win Working on Green’s 1981 Ford Fairmont is, from left, Robert Maynard, Jack McDaniels Jr. and Chris Cain. Submitted photos Polly Green poses with Jack McDaniels Jr., right, and Jack McDaniels III following her car repairs. Green was the recipient of more than $500 in automobile repairs provided by Mac’s Auto Parts and Mac’s Service Center at Man. Michael J. Astrue, Commissioner of So- cial Security, recently announced that the agency was expanding the services avail- able with a “my Social Security,” account, a personalized online account that people can use beginning in their working years and continuing throughout the time they receive Social Security benefits. More than 60 million Social Secu- rity beneficiaries and Supplemental Security Income (SSI) recipients can now access their benefit verification letter, payment history, and earnings record instantly using their online ac- count. Social Security beneficiaries also can change their address and start or change direct deposit information online. “We are making it even easier for peo- ple to do their business with us from the comfort of their home, office, or library,” Astrue said. “I encourage people of all ages to take advantage of our award-win- ning online services and check out the new features available through an online my Social Security account.” Social Security beneficiaries and SSI recipients with a my Social Security ac- count can go online and get an official benefit verification letter instantly. The New services available with ‘my social security’ See LAWSUIT | 2 See REPAIR | 2 See SERVICES | 3

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West Virginia Resident Seeks $10,000 in damages in a lawsuit filed against the owner of the mugshot website known as WVjails.info (which has recently combined with other sister sites, and re-branded itself as Arre.st). Where as WVjails.info had mugshots of people arrested in West Virginia, Arre.st has mugshots from arrests in 37 states to date.

TRANSCRIPT

Page 1: West Virginia Resident Sues over Mugshot on Arre.st (then WVjails.info)

Green recipient of free auto repair

T1

Week of: January 3-January 9, 2013

T1

Travis CrumThe Charleston Gazette

(MCT) CHARLESTON — For many former West Virginia jail inmates, their mug shots are a visual reminder of some of the worst moments in their lives.

One Clarksburg man has capi-talized on this by creating a web-site compiling booking photos from every jail and prison in the state. The man then charges a steep fee to get those mug shots scrubbed from cyberspace.

Ohio lawyer Scott A. Ciolek said this practice “amounts to nothing short of fraud” and ex-tortion. He has sued five similar websites to prove his point.

The website registered in

Clarksburg, WVjails.info, is next on his list, he said.

Jason Watson of Clarksburg owns WVJails.info and its main company, US Support Services LLC, according to the West Vir-ginia Secretary of State’s Office.

The site is licensed as an “in-formation and data processing server.” That server is registered online to a “Mr. Watson.”

Watson has created about 30 similar mug shot websites in Arizona, Florida, Georgia, Ken-tucky, Minnesota, Missouri, Ohio, North Carolina, Tennessee and Pennsylvania, according to the server’s information.

Watson also created a separate server, Arre.st, in which mug shots from West Virginia and

the other 30 websites are double posted.

He charges $51.80 for West Virginians to remove a photo from Wvjails.info.

On Oct. 29, the Better Busi-ness Bureau launched an investi-gation into Watson and his busi-ness practices after receiving four complaints in the past three years. Investigators couldn’t fol-low up because a working phone number for Watson could not be found.

However investigators discov-ered that Watson “had additional websites and seems to have mul-tiples of the same information on different websites causing some individuals to have to pay to have their information removed

from several websites.”The bureau concluded that

Watson has a First Amendment right to operate his business but investigators felt “the company is using high pressure and un-ethical business practice to in-timidate individuals.”

Those who complained said they paid to have their mug shots removed only to find the photos moved onto another website.

Ciolek asks that anyone with a mug shot on WVjails.info or any-one who’s paid to have his or her photo removed from that site to join him.

In Ohio, he filed a class-action lawsuit on behalf of more than 259,000 people who’ve been placed on mug shot websites

there. He’s seeking $10,000 in damages per photo posting.

West Virginia, like Ohio, has similar laws when it comes to publicity rights.

“Every person in West Virginia has a right to control the com-mercial exploitation of their im-ages and their names,” he said.

Mug shots are public record and frequently are used by news organizations.

“That’s fine, because that’s protected by the First Amend-ment right to [a free] press,” he said. “In fact, if these mug shot websites simply posted the pic-tures of the people with no com-mercial exploitation, then that

Lawsuit filed over mug shot websites

Ken Ward Jr.The Charleston Gazette

(MCT) CHARLESTON — West Virginia led the na-tion in 2012 with seven coal-mining deaths, according to preliminary figures from the U.S. Department of La-bor’s Mine Safety and Health Administration. The fatality count for 2012 was one more than the six West Virginia coal miners killed in 2011.

Nationwide, 19 coal miners were killed in on-the-job ac-cidents last year, down slightly from 21 coal fatalities in 2011. The nation also recorded 17 metal and nonmetal mining deaths in 2012, up from 17 the previous year, ac-cording to MSHA data.

Across all types of mining, the industry’s total fatality count in 2012 was 36, down from 37 in 2011, and half of the 71 who died in 2010, when 29 coal miners died in an explosion at the Upper Big Branch Mine in Raleigh County.

Alpha Natural Resources accounted for three of West Virginia’s mining deaths last year, and CONSOL En-ergy accounted for two. The other deaths occurred at mines owned by Coal River Mining LLC and Arch Coal.

Kentucky had the second most coal-mining deaths last year, with four. Alabama had two, and Colorado, Illinois, Indiana, Ohio, Tennessee and Virginia had one each.

West Virginia has led the nation in coal-mining fatali-ties in five of the last dozen years. Kentucky led the na-tion six times during that period, and Utah led once, in 2007, when nine workers died in the Crandall Canyon Mine Disaster.

On Dec. 21, the Obama administration outlined new timelines for several key mine safety initiatives, as part of the publication of the government-wide semi-annual regulatory agenda.

The MSHA regulatory agenda says the agency will finalize by May a proposed rule to require “proximity detection” devices that would shut down certain under-ground mining equipment when workers get too close, to help prevent injuries and deaths caused by collisions.

MSHA also says it will finalize by June its long-awaited rule aimed at reducing miners’ exposure to coal dust that causes deadly black lung disease.

A new rule on how to handle increased enforcement at mining operations that exhibit patterns of violation is due to be finalized later this month. And a second proximity device rule, to expand the requirement to other mobile underground equipment, is to be published in draft form in July, MSHA said.

The black lung rule in particular has been basically stalled since not long after it was proposed in October 2010, in part because of opposition from industry and from Republicans in Congress.

Black lung, or coal workers’ pneumoconiosis, is an ir-reversible and potentially deadly disease caused by expo-sure to coal dust.

In 1969, Congress made eliminating black lung a na-tional goal with a law that required mine operators to take steps to limit exposure. The law greatly reduced black lung among the nation’s coal miners.

Scientists have found, though, that black lung is on the rise again. Researchers have warned of a doubling of black lung rates since 1997, and of an alarming incidence of the disease among younger miners, whose entire careers took place under the 1969 law’s dust limits.

In West Virginia, more than 2,000 coal miners died of black lung between 1995 and 2004, second only to Pennsylvania, with 4,234 black lung deaths during the same period, according to government data. Nation-wide, black lung killed more than 10,000 miners during those years.

“We hope that they can actually get those rules in place by the timelines they have laid out,” said Phil Smith, spokesman for the United Mine Workers union. “Coal miners have been waiting for these things for a long time.”

Reach Ken Ward Jr. at [email protected] or 304-348-1702.

W.Va. led nation in 2012 mining deaths

Martha SparksSociety Editor

MAN — Late last fall, Mac’s Auto Parts and Mac’s Service Cen-ter took nominations on who would be the recipient of free auto repairs worth $500. In late November, through a nomination from Gale Thompson, Polly Green of Chapmanville received the free auto repairs.

Thompson’s nomina-tion read “I would so love it if a wonderful lady could win this and I can’t think of anyone more deserving. For years I’ve wished I could do this for her and since I can’t this would be great.

“I’m not telling her I nominated her, just in case. Long story short, her name is Polly Green, lives in Chapmanville, and she’s 80 years young. A good Chris-tian woman, mother and

grandmother, and friend to all. Every day she takes people to doctor appointments or wher-ever they need to go. Always on the run for others and never com-plains.

“Her old Ford, I think

it’s an 83, needs new tires and some days it sounds like its not gon-na go. Polly just keeps on going and with some prayers she gets there and back. I really just can’t put into words how great it would be for me

and lots of others who love and admire her, to know her little car is in better condition.

“Please consider her. I forgot to tell you a few more reason I think Polly Green should win

Working on Green’s 1981 Ford Fairmont is, from left, Robert Maynard, Jack McDaniels Jr. and Chris Cain.

Submitted photosPolly Green poses with Jack McDaniels Jr., right, and Jack McDaniels III following her car repairs. Green was the recipient of more than $500 in automobile repairs provided by Mac’s Auto Parts and Mac’s Service Center at Man.

Michael J. Astrue, Commissioner of So-cial Security, recently announced that the agency was expanding the services avail-able with a “my Social Security,” account, a personalized online account that people can use beginning in their working years and continuing throughout the time they receive Social Security benefits.

More than 60 million Social Secu-rity beneficiaries and Supplemental Security Income (SSI) recipients can now access their benefit verification letter, payment history, and earnings record instantly using their online ac-count. Social Security beneficiaries also can change their address and start

or change direct deposit information online.

“We are making it even easier for peo-ple to do their business with us from the comfort of their home, office, or library,” Astrue said. “I encourage people of all ages to take advantage of our award-win-ning online services and check out the

new features available through an online my Social Security account.”

Social Security beneficiaries and SSI recipients with a my Social Security ac-count can go online and get an official benefit verification letter instantly. The

New services available with ‘my social security’

See LAWSUIT | 2

See REPAIR | 2

See SERVICES | 3

Page 2: West Virginia Resident Sues over Mugshot on Arre.st (then WVjails.info)

T2

A2 • Week of January 3-January 9, 2013 The Coalfield Connection

T2

Growing Home Health Agencyis looking for a

full-time officecoordinatorin the Danville area.

304-369-640060383446

Judy’s Tax ServiceWe have moved

to a new location!2nd Price Hill above Hospital

830 Maple Wood Drive

304-369-440560382969

Lawsuit

Repair

From Page 1

From Page 1

would be legal.”The problem is that

these mug shot websites use people’s images in pro-motional ads and for finan-cial gain, he said.

“It’s just an unacceptable use of someone’s image and a personal infringe-ment on publicity rights,” he said. “That’s what we are suing about.”

It would be difficult for a lawyer to prove damages from copyright infringe-ment in court. It’s not dif-ficult, however, to prove damages related to a per-son’s name and their im-age, Ciolek said.

Ali Dabiri, database ad-ministrator for the state Office of Technology, said Watson maintains his web-sites by downloading mug shots using a “bot.” These programs are capable of downloading thousands of images in a matter of sec-onds when the photos are entered into the state Re-

gional Jail database.In April, Dabiri tried to

change some of the data-base settings to prevent Watson’s programs from downloading, but it had lit-tle impact. Watson’s web-site went offline for about a day and then came back unaffected by the changes, Dabiri said.

Mug shots here in the state are copyrighted by the West Virginia Region-al Jail Authority and the West Virginia Division of Corrections.

A Gazette-Mail reporter messaged WVJail’s Twit-ter account in April to ask about its use of the mug shots.

“We do not need per-mission to publish pub-lic record. This is a First Amendment right,” some-one there replied.

Anyone who wants to report a mug shot problem can visit Ciolek’s website.

Reach Travis Crum at [email protected] or 304-348-5163.

the car repairs. Not a day goes by that she doesn’t take someone to doctor ap-pointments in her old car. She had heart surgery and at 80 she still does good deeds for everyone and never complains. She takes food to people in addition to all the other things she does.

“I am in awe of her ev-ery day. With these repairs to her old Ford she could drive with a little more peace of mind. No one deserves this more and it would be great surprise for her. Thank you. — Gale Thompson”

Jack McDaniels, owner of Mac’s Auto Parts and Mac’s Service Center, said repairs to Green’s 1981 Ford Fairmont included a set of tires.

“We put new tires on it and a lot of little things,” said McDaniels. “We did a service on it, did an alignment, put tie rods on it, she had some tie rods that were really bad on the front end.”

McDaniels said that also repaired the exhaust on the vehicle, put new wiper blades and serviced the transmission.

“She was a very, very de-serving person for the free repairs,” said McDaniels.

Fred Pace | Coalfield ConnectionMickey Brown, far right, was selected to remain county commission president for 2013. The commission also hosted an open house for the new judicial annex located behind the courthouse.

New judicial annex opens

Brown to remain commission president

Fred PaceEditor

MADISON – Mickey Brown will remain as Presi-dent of the Boone County Commission for this year fol-lowing a unanimous vote dur-ing the commission’s Wednes-day, Jan. 2, 2013, organization meeting held at the new judi-cial annex at the Boone Coun-ty Courthouse.

“I am honored,” Brown said. “I’m around town and have a lot more time on my hands to be here at a mo-ment’s notice.”

Brown was re-elected to the commission this past year and served as president last year as well.

Brown said the organiza-tional meeting was to also set the commission’s meeting dates for the year.

“We will be meeting at the same times, which are the first and third Tuesdays of each month, with the first Tuesday at 10 a.m. and the third Tues-day at 5 p.m.,” said Brown. “We want to urge the public to attend the meetings.”

The county commission also set all of its various com-mittees.

“We kept the same commit-tees we had last year,” he said.

All the newly and re-elected county officials were sworn into office and the commis-sion also had a ceremony to open the new judicial annex.

“This new judicial annex is a $4.1 million project,” Brown said.

The new judicial annex is located behind the Boone County courthouse and adja-cent to the old courthouse an-nex will house Family Court offices on the first floor and the sheriff’s offices on the second floor. The county com-mission will move to the third floor, and the basement area will provide much needed space for county records.

Brown said providing suf-ficient space for Family Court is mandated by West Virginia Code. The commission was approached by the Family Court judge and the West Vir-ginia Supreme Court inform-ing the commission that the county was out of compliance in meeting the minimum spec-ifications for space.

Brown said the commission had put aside money for capi-tal projects and that’s how the county was able to fund the construction of the building this time.

Brown also spoke about several other on-going ser-vices the county plans to continue to improve on in the coming months, not the least of which are water projects.

“One of our top priorities,

if not the top one, has been to provide good water to residents in all parts of Boone County, and we’re about 95 percent of that goal,” Brown said. “Our next water projects will be in the Cox’s Fork and Mud River areas.”

Another priority of the commission, Brown said, is to increase the capacity of the present sewer system, which is nearly at capacity now. This is a must for economic devel-opment and increased hous-ing.

Other projects touched on by Brown included the solid waste transfer stations, improvements to parks and recreation, the county’s seven senior citizens centers, and renovation of the courtroom and the jurors’ room.

“We are still a little worried about the situation with our coal mining industry in the county and our revenues,” Brown said. “We plan to stay aggressive with our water projects and other projects as well and keep Boone County moving forward.”

All the commissioners said the new judicial annex was a wonderful thing for the coun-ty.

“There seems to be a great spirit of cooperation here in the courthouse and this is only more good news for the people of Boone County,” Brown said. “These new facili-ties are more open and make

is better for public access and public meetings and several departments will have a lot more room.”

Several officials, courthouse employees and members of the public attended and spoke during the new judicial annex open house ceremony. The new facilities were designed and built by G&G Builders.

“I want to thank all the workers as well,” said Com-missioner Atholl Halstead. “There was a lot of money spent on this and we feel like we have spent the taxpayers money wisely. They can see and will get a benefit imme-diately from these new facili-ties.”

Mike Davis, a Boone Coun-ty native who is vice president and general manager of G&G Builders, said he appreciated the opportunity the county gave his company.

“I am a graduate of Van High School and I wanted to come back home and do something great in my home county,” he said.

Commissioner Eddie Hen-dricks said he was amazed at how well the process went.

“They were building at the same time we are still con-ducting county business,” Hendricks said. “This build-ing will enhance government in this county and make it much safer and more effi-cient.”

C.V. MooreThe Register-Herald

(MCT) OAK HILL — Black lung disease is on the rise in West Virginia, but those with intimate knowl-edge of its effects say there are steps that miners and their families can take to en-sure adequate care and sup-port even before symptoms develop.

From their home in Oak Hill, Joe and Nancy Massie field calls from miners all over the country who need help and advice about the disease.

“There’s hardly ever a day that goes by that someone doesn’t call to ask a ques-tion,” says Nancy.

The Massies are volun-teers with the National Black Lung Association, where Joe serves as president. Both of their fathers developed black lung in the days before fed-eral legislation legitimized the disease and established compensation for its victims.

“When you grow up with parents that are coal miners and see the struggles they had, it’s something you never forget,” says Nancy, who fo-cuses much of her work on helping miners’ widows file for federal black lung ben-efits. Joe’s mother, 105, still draws them.

Joe, 75, was diagnosed with the disease in 1993 after 30 years as an under-ground miner.

“In 1969, when they

passed the law, there wasn’t supposed to be any black lung anymore. But now there’s more than there ever was,” says Joe.

Black lung diagnoses dou-bled in the last decade, and advanced cases have quadru-pled since the 1980s, accord-ing to a recent joint investiga-tion by the Center for Public Integrity and National Public Radio. Seventy percent of the miners who died in the Upper Big Branch mine ex-plosion and were tested for black lung showed some signs of the disease.

Nancy is especially wor-ried about younger miners who she said don’t often take the time to visit a doctor and establish a baseline medical history. She said they don’t think it can happen to them.

“I hate to tell them that it can and it will happen.”

These days, doctors are seeing younger miners devel-oping black lung, which has killed approximately 70,000 in all since 1970. That means it’s even more important for workers to take steps now to prevent future suffering, say the Massies.

—-Whether because of de-

manding work schedules or fear of losing their job, most miners don’t go to a doctor for black lung screen-ings, according to the staff of New River Breathing Center (NRBC) in Scarbro. But they should.

“If you’re a coal miner,

you need to be tested. You should start from the get-go,” said Susie Criss, the center’s director.

“If you are around dust and you want to be with your family for years to come, keep track of what your lungs are doing. You don’t want to find out when it’s too late.”

It’s important to establish lung function prior to any impairment.

“It also gives us the oppor-tunity to … delay any type of black lung disease they get by educating them about pre-vention,” Criss said.

After an initial exam, NRBC recommends miners get breathing tests every two to three years for as long as they are exposed, or if they notice a big change in their breathing.

“If they’ve always been able to walk up that hill to get to their hunting spot and all of a sudden they need to stop two or three times, they need to be more aware of where there lung function is,” said Criss.

Miners who are especially susceptible to developing black lung include those working on the face or in tip-ples, continuous miner oper-ators and any kind of drillers, including roof bolters.

Surface miners working around dust are not immune.

Neither are younger min-ers. The youngest patients with complicated black lung at the NRBC are in their late 30s and early 40s.

Criss and her staff talk to miners about their jobs and encourage those in high dust areas to wear respirators and try to stay out of direct dust as much as possible.

If black lung is identified, the staff works with the National Institute for Occu-pational Health and Safety (NIOSH) to get the patient “Part 90” status, which means the patient has the op-tion to move to a less dusty job.

The New River Breathing

Center, one of eight black lung clinics in West Virginia, is a kind of “one-stop shop” for coping with the disease. About 500 miners are treat-ed annually and they have es-tablished close relationships with patients over the years. Most of the staff members have family in the mining industry.

Not only do they test for black lung, they also help miners file for compensa-tion, which involves wading through a lot of paperwork.

Tony Canada, a benefits counselor for NRBC, helps miners figure out what to do once they have been diag-nosed.

“A lot of times we’ll sit down and throw all the op-tions on the table that are available, whether it’s dis-ability, a miner’s pension, So-cial Security, federal or state black lung benefits,” says Canada.

It can take as many as 20 years of legal appeals by coal companies to establish feder-al benefits. In the meantime, some miners feel they must keep working to maintain medical insurance and sup-port their families.

“You lay everything out on the table and try to help guide them on a pathway that can financially sustain them until they get in a situ-ation (where they obtain fed-eral benefits),” says Canada.

Establishing a continuous medical history with a family physician — especially one who specializes in black lung — can be crucial for support-ing a federal black lung claim down the road, the NRBC staff says.

“Being able to document over time that your breathing got worse affects your federal claim a lot,” says Criss. “It’s very supportive.”

If approved, a husband and wife can expect to receive $938 per month in federal benefits, plus medical cov-erage for black lung-related treatment and medication.

Oak Hill couple volunteers for miners

Bob FalaOutdoors Columnist

Deer and trout are perennial favorites of the West Virginia sporting public. So what better way to kick-off the New Year than with these big guns of the outdoor venue? This is in no way a slight to bass, bears, bunnies or wild turkeys for that matter, but to merely start the New Year with some skinny for the many hunters and anglers thereof. But please be sure your license situation is current for the new year as well.

The usual local vendors now have the fishing regulation brochures in stock. So stop by and pick up a copy for the camp, vehicle or both. For a preview, there is very little that has changed within the basic fishing prescriptions. That in mind, the trout stocking sea-son begins per usual in Janu-ary albeit at a limited pace. However, before the month is said and done some fifty plus Mountain State streams and lakes will have been planted.

Laurel Lake in Mingo Coun-ty is the closest January op-tion. For details on daily state-wide stockings, do an online word search under WVDNR and select the trout stocking schedule or call the hotline at 558-3399, both of which are updated around 4:00PM. In other local trout matters, the various coal program mitigation in-stream fishing structures along Pond Fork in Boone County are really look-ing sharp in winter flow.

Take a drive between the towns of Van and Bald Knob to see for yourself. Just do it in winter before spring green-up for the best view. The major mitigation project at Buffalo Creek above Man is now un-der construction. Give the work crews some space and time before taking a gander at

that one. And last but certainly not least, the Logan Shrine Club merits a hearty thank you for their maintenance efforts at the Children’s and Handi-capped trout Pond at Logan County Airport.

In the past, vandals and lit-terbugs had wreaked havoc there. Also along those lines, the popular and long stand-ing Big Ugly WMA in Lincoln County might be lost for unau-thorized ATV use, vandalism and littering. Let’s not let the actions of a few destroy the benefits for the entire public. Folks might recall that many of the once fine facilities at Big Ugly have been destroyed by scofflaws. Local law enforce-ment staff might keep this, the Airport Pond and the new shooting range at Chief Logan Wildlife Management Area (WMA) on their patrol list.

Moving on to deer, the final tallies will soon be roll-ing in. Early indications are that per the modest gun buck kill, the state’s leading herd index, the bulk of the 55 coun-ties are now at or below their objective. And that’s even as reduced under the new man-agement plan. We should thus anticipate some belt tighten-ing in the regulation prescrip-tions for 2013. The hunter kill and thus the herd are now about half of what they were just a decade back.

Along those lines, one frus-trated buck hunter sent this comment in response to the official news release. “I wish the DNR would provide their excuses prior to the season so I would have some good ones on why I couldn’t get one each year. This year - weather was dry, so it was loud walking in the woods; Hurricane Sandy limited my access to my good spots; there were too many acorns. Last year - the weather was bad and wet, no acorns, too windy.”

Deer and trout talk kick off the New Year

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Week of January 3-January 9, 2013 • A3The Coalfield Connection

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benefit verification letter serves as proof of income to secure loans, mortgages and other housing, and state or local benefits. Additionally, people use the letter to prove current Medicare health insurance coverage, retirement or disability status, and age. People can print or save a customized letter.

Social Security pro-cessed nearly nine million requests for benefit verifi-cation letters in the past year. This new online ser-vice allows people to con-duct business with Social Security without having to visit an office or make a phone call, and very often wait for a letter to arrive in the mail. It also will reduce the time spent by employees completing

these requests and free them to focus on other workloads.

People age 18 and older can sign up for an account at www.socialse-curity.gov/myaccount. Once there, they must be able to provide infor-mation about themselves and answers to questions that only they are likely to know. After complet-ing the secure verifica-tion process, people can create a my Social Security account with a unique user name and password to access their information.

People age 18 and older who are not receiving ben-efits can sign up for a my Social Security account to get a personalized online Social Security Statement. The online Statement pro-

vides eligible workers with secure and convenient ac-cess to their Social Secu-rity earnings and benefit information, and estimates of future benefits they can use to plan for their re-tirement. In addition, the portal also includes links to information about other online services, such as ap-plications for retirement, disability and Medicare.

“Given our significantly reduced funding, we have to find innovative ways to continue to meet the needs of the American people without compromising ser-vice,” said Astrue. “These new enhancements will allow us to provide faster service to more people in more places.”

For more information, please go to www.socialse-curity.gov/myaccount.

Kate LongThe Charleston Gazette

(MCT) CHARLESTON — The percentage of West Virginia fifth-graders with high blood pressure dropped significantly in 2011-12, according to measure-ments by West Virginia Univer-sity’s CARDIAC program.

So did the percentage of fifth-graders with abnormal choles-terol.

“This is fantastic news,” said Dr. Ron Stollings, D-Boone, a physician and chairman of the Senate Health and Human Re-sources Committee. “We may be at a tipping point for child obe-sity.”

“Obesity, blood pressure and cholesterol are closely related,” he said. When people exercise and become more fit, blood pressure and cholesterol usually drop, and obesity is likely to fol-low suit, he said.

The fifth-grade obesity rate nosed downward to 27.8 per-cent. The kindergarten obesity rate also dropped sharply to its lowest rate in nine years, 13.6 percent.

The CARDIAC program screens fifth-graders, second-graders and kindergartners state-wide each year.

In 2010-11, one in every four fifth-graders screened had high

blood pressure. In 2011-12, the number with high blood pres-sure dropped to one in five for the first time in CARDIAC’s 14-year history.

Dr. Bill Neal, CARDIAC pro-gram director, cited the school system’s statewide campaign to improve school meals and get children more active. “If the schools keep up their efforts to improve nutrition and increase physical activity, I expect we’ll see significant drops in obesity next year,” he said.

Children with high blood pres-sure, abnormal cholesterol and/or obesity are at high risk of fu-ture diabetes, heart disease and other costly chronic illnesses, Neal cautioned, so West Virginia still has reason to worry.

“This is cause to hope and reason to keep trying,” he said. “If these numbers are still down next year, we’ll know it’s a genu-ine trend. So this is no time to ease off in our efforts.

“It’s important to remember that one in five 11-year-olds with high blood pressure is still very alarming,” he said. “We can’t get complacent. But the numbers are going in the right direction.”

A drop in child obesity — or obesity at any age — would be very good news for the state budget, Stollings said. Seven out of 10 state health-care dollars

already pay for obesity-related chronic diseases, according to an analysis health-care economist Ken Thorpe did for the Legisla-ture.

Thorpe predicted the state’s health-care costs will double by 2020 if the spread of obesity can-not be stopped.

“If we can get kids healthier, we’re turning off the spigot, where diabetes and other chronic illness is concerned,” Stollings said. “We can’t do as much about the water in the pipelines, but if we can turn off the spigot, we’re making big progress.”

CARDIAC has been screening in the schools statewide since 1998. “High blood pressure” means the child’s blood pressure is higher than 95 percent of chil-dren in a national sample.

—In the 2010-11 school year, 24 percent of fifth-graders screened had high blood pres-sure, one in four. In 2011-12, that dropped to 20.3, one in five.

—In 2010-11, 26.1 percent had abnormal cholesterol. In 2011-12, that number dropped to 23.5 percent, a 10 percent decrease.

—The fifth-grade obesity rate edged down from 28.9 to 27.8 percent.

The kindergarten obesity rate dropped from 17.5 percent of children screened to 13.6 per-

cent, which puts it below the na-tional average.

The second-grade obesity rate climbed a point, to 24.5 percent of children screened. “We’d like to bring that down too,” said Rick Goff, director of the state Office of Child Nutrition. “The drop in the other numbers shows us we can.”

In 2011-12, while the num-bers were dropping, the school system was increasing physical activity and improving the nutri-tional quality of meals statewide. School cooks in 26 counties were trained to cook from scratch. Pro-cessed food served in the schools dropped sharply, Goff said.

Then-Superintendent Jorea Marple spearheaded a statewide push to get kids more physically active. “She deserves a lot of credit for that,” Neal said, “and I’m happy to hear the new su-perintendent will continue the push.”

“I supported it as a county su-perintendent and will support it as state superintendent,” new su-perintendent James Phares told the Gazette-Mail.

Increasing numbers of parents are also becoming aware of the health risks of obesity, inactiv-ity and junk food, said Stephen Smith, director of the West Vir-ginia Healthy Kids and Families Coalition. “We’ve done 42 com-

munity meetings statewide, and children’s health is a top priority everywhere. People keep saying kids need to be outside instead of sitting in front of screens.”

Neal credited the media for stirring up public conversation and awareness.

“This is very good news,” said Delegate Don Perdue, chairman of the House Health and Human Resources committee. “Whatev-er productive things we’ve been doing, we need to continue to do them.”

“When we see the [2013] numbers, we’ll know if we have a sustained trend,” Neal said.

Fifty-three of 55 school sys-tems are signed up for CARDI-AC screening this year.

LEARN MORE: Want to know more about CARDIAC? West Virginia University’s unique, na-tionally-praised CARDIAC proj-ect has screened fifth-graders for obesity, blood pressure and cho-lesterol levels for 14 years. They have screened kindergartners and second-graders for obesity level only for seven years and are starting to screen middle-school-ers. All children are screened for the AN diabetes risk marker. Complete charts are here.

Reach Kate Long at 304-348-1798 or [email protected].

In W.Va. 5th-graders, blood pressure, cholesterol, obesity fall

HARLAN, Ky. (AP) — Four eastern Kentucky coal mines are being idled, affecting 260 jobs.

WYMT-TV reports Al-pha Natural Resources said Friday that it idled three mines in the Cumberland community of Harlan

County and at one mine in the Partridge community of Letcher County.

The company said 200 miners were laid off im-mediately, and transfers will be offered to another 60.

Alpha Natural Resources

spokeswoman Samantha Davidson said the “tough decision” was necessary as the company looks to streamline operations and operate more efficiently.

She said miners will con-tinue to get pay and ben-efits for 60 days.

4 eastern Kentucky mines being idled

Chris Carolaand Michael HillAssociated Press

SARATOGA SPRINGS, N.Y. (AP) — Several gun shows, all about an hour’s drive from Newtown, Conn., have been canceled.

A show in White Plains, N.Y. — brought back a few years ago after being called off for a decade because of the Columbine shooting — is off because officials decided it didn’t seem appropriate now, either. In Danbury, Conn. — about 10 miles west of New-town — the venue backed out. Same with three other shows in New York’s Hudson Valley, according to the orga-nizer.

Gun advocates aren’t back-ing down from their insis-tence on the right to keep and bear arms. But height-ened sensitivities and raw nerves since the Newtown shooting have led to toned-down displays at gun shows and prompted some officials and sponsors to cancel the well-attended exhibitions al-together.

Some of the most popular guns will be missing from next weekend’s gun show in Saratoga Springs, N.Y., after show organizers agreed to bar the display and sale of AR-15 military-style semiau-tomatic weapons and their large-clip magazines.

“The majority of people wanted these guns out of the city,” said Chris Mathie-sen, Saratoga Springs’ public safety commissioner. “They don’t want them sold in our city, and I agree. Newtown, Conn., is not that far away.”

The mayor of Barre, Vt., wants a ban on military-style assault weapons being sold at an annual gun show in Febru-ary. Mayor Thom Lauzon says he supports responsible gun ownership but is making the request “as a father.” The police chief in Waterbury, Conn., just a few miles from Newtown, has halted permits for gun shows, saying he was concerned about firearms changing hands that might one day be used in a mass shooting.

In White Plains, in New York’s suburban Westchester County, Executive Rob As-torino had brought back the show in 2010 after a ban of more than a decade following the 1999 Columbine High School shooting in Colorado, but he said the show would be inappropriate now. The shows in the Hudson Valley and Danbury were listed as canceled on the website for Big Al’s Gun Shows. A man who answered the site’s con-tact number said it was the

venues that canceled the shows, not the promoter.

In Houston, transportation officials temporarily stopped using electronic freeway signs to give directions to gun shows amid complaints following such a show the day after the Dec. 14 school shooting. State-level trans-portation officials overruled the decision. The signs are routinely used to direct traffic or tell visitors where to exit freeways for rodeos, sporting events and gun shows.

On Wednesday, the City Council in Saratoga Springs urged organizers of a down-town gun show Jan. 12-13 not to display military-style weapons and the high-capac-ity magazines “of the type used in the Newtown trag-edy.” About a dozen people gave impassioned pleas at the meeting.

Show organizer David Petronis of New Eastcoast Arms Collectors Associates agreed to the limit.

“I don’t think it’s fair that we’re taking the brunt of the problem,” Petronis said, “but I can understand the reaction of people in doing so.”

Petronis said his group is a “nice, clean family-oriented … arms fair” that brings in thousands of visitors and a lot of money for the city. He stressed that buyers at his show undergo background checks, as per New York state law.

The gunman in the Sandy Hook Elementary School shooting in December used an AR-15 to kill 20 first-graders and six educators in the school. The gun belonged to the shooter’s mother, but it’s not clear where it was bought. The shooting has led to calls for stricter regulation of assault weapons, though the National Rifle Associa-tion has steadfastly opposed such measures.

Gun dealers around the country are reporting a spike in sales of semiautomatic rifles amid renewed talk of a federal ban on assault weap-ons. The possibility of tighter gun control has also pumped up attendance at gun shows in several states.

Marv Kraus, who helped organize a weekend gun show in Evansville, Wis., said business has been especially strong lately.

Kraus said there was never any reason to consider postponing or canceling the Wisconsin event, which was scheduled for Friday through Sunday. One of the few ven-dors there with semiauto-matic weapons, Scott Kuhl of Janesville, Wis., bristled at any suggestion that he tem-porarily stop selling semiau-

tomatic weapons because of the Connecticut shooting.

“When a plane crashes, should they shut down the airline for six months?” Kuhl said. “This is my business; this is my livelihood.”

Jared Hook, 40, who came to the show looking for a .223-caliber gun for coyote hunting, said he was glad vendors did not back away after Newtown.

“If anything, there’s a lot more interest in guns now be-cause of the shooting,” Hook said. “People want them for protection, and it’s good that they still have access to them.”

Joel Koehler, a Pennsyl-vania gun dealer, said a few dealers have dropped out of a show this weekend in the Pocono Mountains, but only “because they have nothing to sell. They are out of inven-tory.”

“The gun sales have been crazy. They are going through the roof,” he said.

Koehler said he has felt no pressure to cancel his shows in Pennsylvania.

“The shows are going on,” he said. “Nobody’s said to us that we can’t have them.”

President Barack Obama has urged Congress to vote rapidly on measures that he says a majority of Americans support: a ban on the sale of military-style assault weap-ons; a ban on the sale of high-capacity magazines; and re-quired criminal background checks for all gun buyers by removing loopholes that cover some sales, such as at gun shows in states that don’t currently require checks.

Pennsylvania Gov. Tom Corbett on Friday said he would consider a radio-show caller’s suggestion that gun shows be banned on publicly owned property, such as the Pennsylvania Farm Show Complex in Harrisburg. But he also noted that the com-plex is open to all businesses.

Some gun shows being canceled after Conn. school mass shooting

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