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Rick Steelhammer: Saluting a time when big cheeses at the White House were something to eat

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By Rick Steelhammer

I feel obligated to make a havarti attempt to whey in on last Wednesday's "Big Block of Cheese Day" at the White House, during which Obama staffers were grilled via Twitter on topics ranging from climate change to foreign policy, and crammed as many cheese-related puns as possible into their replies.

"It's that time of gruyere again," the White House announced on its website as last Wednesday's event drew near. "For the third time in a row, were brie-ing back Big Block of Cheese Day."

Cheez Whiz, it was grate stuff to hear all those puns from the White House, but I only discovered the event the day after it happened. Maybe I'm full of provolone, but I think I gouda been a contender! After all, I'm a partially cultured American - a cottage graduate, even - who has been known to churn out a few puns as I've aged. They may not be extra sharp, but they won't curdle your stomach, either. Some people even seem to edam up!

Okay, I'll cut the cheesy puns for a moment and explain the event, which was brought to life by President Thomas Jefferson, repeated by President Andrew Jackson, featured on a 1999 episode of "West Wing," and reincarnated by President Barack Obama for the past three years on the days following his State of the Union addresses.

According to an article in Atlantic magazine, it was a Cheshire, Massachusetts, church elder named John Leland who got the first presidential cheese wheel rolling back in 1801, Leland, who had campaigned for Jefferson, personally delivered a 1,200-pound, four feet in diameter round of cheese made by Cheshire townspeople to the White House and presented it to the president after passing beneath a banner prepared by the White House staff reading "The Greatest Cheese in America for the Greatest Man in America."

Jefferson, according to the article, broke out the huge cheese wheel at major White House dinner events, including the Independence Day dinner in 1803, and it remained in the executive mansion until 1804.

By the time Andrew Jackson was nearing the end of his second term in 1835, the aroma of superannuated cheese from Jefferson's White House pantry had apparently dissipated enough to allow the new president to accept the gift of a 1,400-pound wheel from a well-wishing dairy farmer from Oswego, New York. While Jackson is now reviled by many for implementing the Indian Removal Act and building a personal fortune through use of slave labor, the man did have a nose for both politics and the malodorous nature of a half-ton wheel of cheese.

He hosted a public reception at the White House during which the huge hunk of cheddar was displayed. Ten thousand visitors made short work of free cheese, polishing it off within two hours.

The "West Wing" episode had President Jed Bartlett's chief of staff, Leo McGarry, telling fellow staffers that Jackson's Big Block of Cheese Day was all about opening the White House doors, and its staff's ears, to complaints and comments by common citizens not ordinarily recognized by the highest levels of the Executive Branch. The Atlantic article, however, indicated that making political hay and eliminating cheesy odors had more to do with motivating Jackson's giveaway.

I'll let you make up your own minds.

For me, it was just fondue be here.


WV Internet providers targeted over slow speeds

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By Eric Eyre

State lawmakers are targeting telecommunications companies in West Virginia that advertise "high-speed" Internet service but don't deliver anything of the sort to customers.

Members of the House of Delegates reviewed legislation last week that would require Internet providers to offer download speeds of at least 10 megabits per second if the companies advertise their broadband service as "high speed."

Many West Virginians, particularly those who live in rural areas, don't have Internet speeds anywhere near 10 megabits per second. Customers with slow service can't use TV- and movie-streaming services like Netflix.

"They feel they never get the speed the Internet providers represent," said Delegate John Shott, R-Mercer, who heads the House Judiciary Committee. "There doesn't seem to be any recourse or regulatory body that has any ability to cause that to change."

In October 2014, Frontier Communications customers filed a class-action lawsuit, alleging the company "throttles back" its Internet service and provides speeds slower than advertised. Frontier, the lone Internet provider in many rural parts of the state, responded that customers got the service they paid for. The two sides continue to battle in court.

State lawmakers say they've fielded an increasing number of complaints from constituents about Internet service - slow speeds, unreliable service, or no service at all.

"The list of sponsors of this bill [HB 2551] are from a broad geographic area," Shott said. "They've identified this as a problem in their areas."

According to the bill, Internet providers could face sanctions under state consumer protection laws. The Attorney General's Office would be required to investigate customer complaints.

"Basically, there are contracts where [Internet providers] provide and charge for what they call 'high-speed' Internet service, however, the speeds can vary," said Nate Tawney, a lawyer with the House Judiciary Committee. "They may advertise speeds up to 12 or 15 megabits per second, but the customer may receive only a fraction of that."

Under the bill, customers could recoup up to $3,000 in damages every time Internet providers falsely advertise Internet speeds. The companies also could be fined up to $5,000 for each violation.

The 10-megabit download speed requirement is significantly slower than federal guidelines. The Federal Communication Commission recently changed its standards and doesn't consider anything below 25 megabits per second to be high-speed Internet.

"The FCC has been the leader of what broadband should be and how fast it should be," Tawney said.

Some lawmakers have suggested tying West Virginia's download speed to the FCC's definition of high-speed Internet. But that could discourage Internet providers like Frontier from expanding into some rural markets, where it's not cost-effective -- and next to impossible -- to provide speeds anywhere close to 25 megabits.

"When you get right down to it, it's a very complicated situation," said Delegate Frank Deem, R-Wood.

On Friday, Shott appointed a three-member subcomittee -Delegates J.B. McCuskey, R-Kanawha, Roger Hanshaw, R-Clay, and Andrew Byrd, D-Kanawha - to study the issue and revise the bill in the coming weeks.

Frontier lobbyists are keeping a close watch on the legislation.

"We are available to the subcommittee to provide information, explanation and background on this issue as we continue our last-mile infrastructure investments to expand access and increase speeds to our customers," said Frontier spokesman Andy Malinoski.

In December, Frontier agreed to upgrade Internet speeds to 6 megabits per second for about 28,000 customers, following a settlement with Attorney General Patrick Morrisey's office.

Frontier had been advertising speeds of "up to 6 megabits per second, but many customers found speeds of 1.5 megabits per second or lower," according to the settlement.

Also Friday, Sen. Chris Walters, R-Putnam, introduced legislation that would create a $72 million fiber-optic Internet network in West Virginia. The bill aims to increase Internet speeds, improve service and drive down prices for business and residential customers.

Reach Eric Eyre at ericeyre@wvgazettemail.com, 304 -348-4869 or follow @ericeyre on Twitter.

United Food Operation open house (photos)

Non-drug options for chronic pain are growing

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By By Taylor Stuck The Herald-Dispatch

HUNTINGTON, W.Va. (AP) - A whopping 100 million Americans suffer from chronic pain, and to manage that pain long-term, 5 million to 8 million use prescription opioids.

According to the Centers for Disease Control Policy, West Virginia is among the states that prescribe the most painkiller prescriptions, 138 per 100 people.

But it was not always that way.

A generation ago, doctors were wary about the use of opioids to manage common pain problems. That began to change in the 1990s as drugs such as OxyContin -- touted to be less addictive -- were introduced. Painkillers first used only for extreme cases, such as cancer patients near the end of life, became commonly prescribed for many types of chronic pain.

As the volume of pain-pill prescriptions rose so did addiction problems. Opioid overdoses in the United States have gone up 200 percent since 2000. In Cabell County, there were more than 900 overdoses in 2015, with 70 resulting in death.

Research is now showing opioid medication may not be an effective way to manage long-term pain, according to research published early last year in the Annals of Internal Medicine, and doctors at Cabell Huntington Hospital's Pain Management Center and St. Mary's Medical Center's Pain Relief Center say there are actually a lot of better, safer options for chronic pain sufferers.

Dr. Joseph DeLapa with Cabell Huntington's center said he doesn't think people realize there are different options, and he is trying to educate people about those options.

The most common types of chronic pain are neck pain, lower back pain, migraine headaches and knee/joint pain.

The first step at both centers is identifying the root cause of the pain. Dr. Rudy Malayil at the St. Mary's center said his mantra is "less is more."

"It's not just injections and pumps," Malayil said. "We try to see if the least amount can be done, like back braces, physical therapy, and try to use that first."

Other less invasive options are counseling and general lifestyle changes, DeLapa said.

"We are very strong advocates of lifestyle change," he said. "Stop smoking. Weight loss and increased activity can improve overall health but also overall pain."

The National Institutes for Health found pain is one of the leading reasons Americans are turning to complementary health approaches such as yoga, massage and meditation.

If those approaches aren't effective or won't be effective, there are minimally invasive procedures that can be performed, including nerve blockers, spinal injections, steroid injections and spinal cord stimulators. There is also a pump that can be inserted in the back that gives doses of medication, but because it is in the pump it practically eliminates the risk of abuse, Malayil said.

Both doctors said opioid pain medication is still sometimes the best option, but there are also non-opioid medications that can be used to treat pain, and opioid drugs are rarely the first option.

But pain medications are still highly prescribed across the state. A Center for Medicare and Medicaid Services mapping tool shows 6.06 percent of Medicaid Part D claims in the state are for opioids, above the national average of 5.32 percent. In Huntington, it's 7.18 percent of claims.

In 2008, West Virginia required all pharmacies to record prescribed opioids, which doctors have access to. Malayil said in most cases where high doses of opioids are being prescribed in the state, providers are not trained properly in pain management.

"That's a problem," he said.

He said he has had people in other parts of the state tell him they can't walk down the street without being asked to sell their medication.

The West Virginia Hospital Association Board of Trustees recently endorsed new provider-focused and provider-developed recommended guidelines for all West Virginia hospitals to address the misuse of opioid prescriptions.

The new guidelines consist of 10 principles that establish baseline recommendations for opioid screening, prescribing practices, and appropriate use of resources to work with patients prior to prescribing an opioid pain medication in a West Virginia hospital emergency department. The overall goal is to ensure that health-care providers in West Virginia have current, standardized resources and tools to work with, and to educate patients on the risk of taking opioid medications.

The CDC is also working on a set of prescribing guidelines for opioid painkillers, which The Associated Press called the strongest government effort yet to reverse the rise in deadly overdoses tied to drugs like OxyContin and Vicodin.

The guidelines were expected out this month, but the CDC dropped that date after resistance from drug makers, industry-funded groups and even officials in the Food and Drug Administrative, which historically advises physicians on medications, not the CDC.

The guidelines have instead been open to public comment for 30 days and additional changes.

DeLapa said anyone who has been in pain for two or three months should consider making an appointment to see a pain management specialist.

Both doctors also said they often see patients who want to get off pain medicine or feel they are becoming dependent or addicted.

"We do not just prescribe medications," DeLapa said. "Our goal is to get them off of the medicine."

Delapa and his partner Dr. Ahmet Ozturk also direct patients to Cabell Huntington's Recovery Center, a comprehensive treatment program for patients with opiate addiction.

The final goal of pain management is to help the patient live a productive life again, he said.

Patients must be referred by their primary care doctor or other specialist to see both Cabell and St. Mary's doctors.

For more information about Cabell Huntington's Pain Management Center, call 304-526-2243 and for more information about St. Mary's Pain Relief Center, call 304-525-7246.

After slow start, West Virginia ski resorts aim to catch up

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By The Associated Press

HUNTINGTON, W.Va. (AP) - West Virginia's five downhill ski resorts are banking on a big holiday weekend in hopes of making up for a mild start to the winter season.

With seasonable temperatures arriving and snowguns laying down a blanket of snow, the resorts say they're ready for what traditionally is one of the biggest weekends for the downhill industry.

The Herald-Dispatch reports that resort owners are hoping for big weekends through late March and into early April to make up for the slow start.

Some 800,000 people visit West Virginia each year to ski and snowboard.

The late start this season has made this one of the worst downhill seasons in decades, according to some.

Bulletin Board: Jan. 18, 2016

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Rubberifics club

The Rubberifics will host an activity BYOE - Bring Your Own Embellishments from 6 to 8:30 p.m. on Tuesday at the Church of Jesus Christ of Latter Day Saints, 839 Chestnut St., South Charleston. Bring card embellishments, stamps and ink pads for sharing at the meeting. Paper and a couple of basic card patterns will be provided. The "game" will be to try and create cards that follow the basic format, using the materials on hand. Rubberifics meet the third Tuesday of the month. Contact Debra Wunderly at 304-205-4188 for questions.

KPCC workshop

Kanawha Pastoral Counseling Center will offer Motivational Interviewing with Jack Stringfellow from 10 a.m. to 1 p.m. Thursday at Trinity Lutheran Church, 1600 Kanawha Blvd. E. The workshop is for counselors, social workers, nurses, clergy or anyone interested in helping support others make difficult changes in their lives. Continuing Education credits are available. The cost is $30 without CEs, $40 with CEs and free for first-time attendees.

Parks and recreation commission

The Kanawha County Parks and Recreation Commission will meet at 8:30 a.m. Thursday in the Coonskin Clubhouse Oak Room, Coonskin Park. The agenda is available in the Park office. For information, call 304-341-8000.

Housing Authority

The regular meeting of the Charleston-Kanawha Housing Authority Board of Commissioners will be held at 1:30 p.m. Jan. 25 at 1525 Washington St. West.

Items for Bulletin Board may be submitted by mail to the Charleston Gazette-Mail, 1001 Virginia St. E., Charleston, WV 25301; faxed to 304-348-1233; or emailed to gazette@wvgazettemail.com. Notices will be run one time free. Please include a contact person's name and a daytime phone number.

MLK Unity Breakfast to announce winners at 'Oscars of Academics'

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By Douglas Imbrogno

The MLK Unity Breakfast: "The Oscars of Academics," takes place starting 8 a.m. Monday at Moose Lodge No. 1444, 2805 Kanawha Blvd. E. Tickets are $25 or $200 per table and the event benefits the programs of the Dreams Community Development Corporation. For more information, call 256-457-7143.

The event features the announcement of winners of the third MLK Oratorical and Essay Concert. Multiple $1,000 scholarships and a summer internship to Charleston Main Streets will be awarded to graduating seniors. Students in grades 3 through 11 will earn $100 cash prizes, Blenko Glass awards, a book bag of school supplies and Highland Hospital's Dreamers and Achievers certificate of academic excellence.

More than 100 students entered the contest, said Obi Henderson, founder of the event. "Our goal is to connect them to a university in West Virginia where they can potentially blossom and find a career path that will help them improve West Virginia. With the competition, we want to bring awareness to academic achievement. That's why were branding it as the 'Oscars of Academics.'"

n Michael Farmer

n Christina Bridgette

n Acacia L. Harris, Capital High School

n Isaiah Patterson, Capital High School

n Morgan Hambel, Hurricane High School

n William Franklin Roy, Capital High School

n Artia Yvette Ward, South Charleston High School

n Christopher Cunningham, South Charleston High School

n Maxwell Shavers, Capital High School

n Christopher Cunningham, South Charleston High School

n Maxwell Shavers, Capital High School

n Kayla Stubblefield, Capital High School

Elementary Level:

n Jer'Shawn Robinson, 5th grader at Mary C. Snow Elementary

n Jon'Nease Copening, 5th grader at Mary C. Snow Elementary

Middle School Level:

n Kushal Modi, 7th grader at Andrew Jackson Middle School

n La'Drem Shelmonson-Bey, 7th grader at Stonewall Jackson Middle School

High School:

n Kayla Stubblefield, Capital High School

n Isaiah Patterson, Capital High School

n Acacia L. Harris, Capital High School

Small earthquake rattles West Virginia, Virginia, more

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By The Associated Press

HARPERS FERRY, W.Va. (AP) - The U.S. Geological Survey says a small earthquake rumbled near the state lines of West Virginia, Maryland and Virginia.

The survey said the tremblor Sunday afternoon measured 3.0 magnitude, according to media reports. The quake was centered south of Harpers Ferry.

There are no immediate reports of damage.


West Virginia trooper involved in deadly shooting

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HARRISVILLE, W.Va. - For the second time since Friday, a West Virginia State Police trooper has used deadly force against a suspect.

The latest occurred early Sunday when state police say a trooper fatally shot the driver of a vehicle who apparently attempted to run down the officer after a vehicle chase.

State police said Sunday that a trooper fatally shot a suspected drunken driver shortly after midnight.

Lt. Michael Baylous said the trooper was trying to pull the vehicle over, but it failed to stop. A chase ensued. The trooper pursued the vehicle and then approached it on foot. The vehicle then headed directly toward the trooper, and he fired.

The shooting in Ritchie County resulted in the death of Clarence Layfield Jr. A passenger in his vehicle was uninjured.

In Elkins on Friday, a 26-year-old man was fatally shot after troopers said he pointed a shotgun at them. The two troopers were assisting local officials serve a warrant.

- The Associated Press

Kanawha County recycling agency almost out of money

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By Daniel Desrochers

Next month, the Kanawha County Solid Waste Authority will officially be out of money.

James Young, the executive director, has even been filling up jugs of water at home, then bringing them to his office in a cramped trailer on Slack Street to save money.

“We’ve been trying to take measures to minimize the losses every month,” Young said.

To date, the Solid Waste Authority has lost $36,951 in the 2015 fiscal year, which ends June 30. It has effectively burned up the nest egg the authority accumulated while a private company operated the Kanawha County recycling plant.

“We knew it wasn’t going to be sustainable,” Young said. “It’s always been inevitable that the funding would run out.”

Currently, items that are dropped off at Slack Street are taken by Waste Management to WV Cashin in Nitro. The authority pays $163.50 per load to Waste Management to transport the loads and $150 per load to WV Cashin to process them. But right now, recycling prices are so low that they’re basically giving the paper and cardboard to WV Cashin, according to Young. They only get money back for the plastic and metal.

“It’s not their fault that there’s no market for recyclables right now,” said Kanawha County Commissioner Dave Hardy.

Since he took over, Young has been plugging holes in a sinking ship. Since the authority no longer has a building where they can process recyclables, they have to haul them to Nitro. But because the authority doesn’t have a vehicle that can carry the loads, they have to use Waste Management to do it for them. That has led to an average loss of between $5,500 and $6,500 a month.

Young is working on that. He has applied for and received almost $200,000 in grants over the past year and most of that has been put toward new equipment. They’re expecting a truck in late February — it’s currently having a hoist installed — that will allow them to cut the contract with Waste Management and save around $2,000 a month.

The authority is looking at possibly taking out a loan to build a new processing facility and has a potential lead on a building that they could purchase with grant money, but any change to the status quo is unlikely to be seen soon.

“I’m excited about the prospects, but I’m also a realist,” Hardy said. “Right now they’re still running in the red.”

Losing money isn’t unusual for county recycling providers. Young said that the only county in West Virginia that consistently turns a profit on its recycling is Greenbrier.

“To break even is really an accomplishment,” Young said. “Especially to break even without any grant dollars.”

That has left the Kanawha authority scrambling to find some source of money. As an independent state agency, the Kanawha County Commission is not responsible for financing the authority, although they have in the past and currently appoint two members to the authority’s five-member board.

“I want to make sure that they have cut every expense that they could possibly cut,” Hardy said when asked if the Commission would think about financing.

Commission President Kent Carper was on the same page. He said that he thought that recycling was important, but that the authority needed a new business model.

Currently, the authority only has three employees, including Young. They are running a bare-bones recycling program out of Slack Street, hand-sorting the items that are brought in.

Both Hardy and Carper acknowledged the importance of the recycling program, and since the people of Kanawha County voted to have a recycling program, they have to figure out a way to keep the program up and running.

But in a time of budget cuts, they’re worried about what that may require.

“I don’t think there’s any desire to subsidize them on a long-term level,” Hardy said.

Young is worried about something else: the prospect of having to shut down the recycling program for the second time in as many years.

“Our greatest fear is that we don’t want to hit the reset button and have to try to get people back again,” Young said.

Reach Daniel Desrochers at dan.desrochers@wvgazettemail.com, 304-348-4886 or follow @drdesrochers on Twitter.

First WV Bike Summit aims to make state more biker-friendly

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By Elaina Sauber

In hopes of grabbing the attention of state legislators, a Charleston-based nonprofit is hosting the first West Virginia Bike Summit next week.

The two-day event will be held at the Charleston Town Center Marriott on Jan. 24 and 25 and is hosted by West Virginia Connecting Communities, a group that advocates for bike infrastructure and works to build a network between cyclists across the state.

The first day of the summit will feature a 30-mile scenic bike ride as well as a casual group ride through the city, followed by a networking reception for cycling enthusiasts.

The second day will include presentations from panelists such as Dr. Rahul Gupta from the state Department of Health and Human Resources, state Department of Tourism Commissioner Amy Shuler Goodwin and U.S. Transportation Deputy Assistant Secretary John Drake.

Connecting Communities' mission is two-fold, Executive Director Kasey Russell said.

"One is to make our communities more cycling and walking friendly ... for the physical fitness aspect," she said. The other piece, focuses more on bridging the cycling gap between smaller localities.

"We think there's a lot of reasons financially why our state needs to focus on [bike trail] connections between, say, Beckley and Summersville."

In spite of reports from the U.S. Census Bureau showing a 60-percent increase in Americans who bike to work over the last decade, it hasn't caught on to the same degree in the Mountain State.

West Virginia placed 42 out of 50 in the League of American Bicyclists' 2015 ranking of the most bike friendly states, up two places from 44th in 2014.

Russell thinks lacking infrastructure and education are major components to the public's hesitation to hop on a bike.

"We're finding that a lot of people want to ride bikes, but they're scared and don't feel like it's safe; if drivers were more used to cyclists, [it could] get to the point where people feel comfortable on the roads."

Connecting Communities works to overcome many of those barriers through policy, such as lobbying for a bill that passed in the Legislature's 2015 session. The law mandates that anyone driving a car who passes a cyclist must maintain a distance of at least three feet from the cyclist.

Through lobbying state lawmakers and discussions with state Department of Transportation officials, Russell said the summit aims to increase education and "collaboration between advocates, funders and builders."

Guest registration for the event is $75. To register, visit www.wvconnectingcommunities.com.

Reach Elaina Sauber at

elaina.sauber@wvgazettemail.com,

304-348-3051 or follow

@ElainaSauber on Twitter.

Group to no longer cut rates for court-appointed attorneys

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By Kate White

The head of West Virginia's Public Defender Services last week rescinded the "emergency guidelines" set to take effect today, which would have cut the amount attorneys taking court-appointed cases are reimbursed for their time.

A formal notice was filed alerting Dana Eddy and other state officials that a handful of lawyers that take court-appointed cases would sue over the guidelines. The notice also said that the lawsuit will ask the state Supreme Court to raise the current rate of pay, which attorneys argue is unconstitutionally low.

Charleston attorney Anthony Majestro said last week that despite withdrawing the emergency guidelines, he will go forward with the petition for a writ of mandamus asking for the pay rates to be increased.

In an email Thursday, Eddy wrote that, "Due to the amount of the request for a supplemental appropriation that has been submitted to the Legislature, Public Defender Services is withdrawing the Emergency Guidelines that were issued on the date of December 18, 2015."

Eddy, executive director of PDS, had said the guidelines were necessary after realizing there isn't enough money to reimburse lawyers who submitted vouchers after Sept. 16.

If the new guidelines would have taken effect, attorneys no longer would have been reimbursed for mileage and would have been compensated $20 an hour for travel time. Lawyers receive $45 an hour for travel time, and 57 cents a mile in mileage reimbursement. Time spent "waiting in court" also would have been more narrowly defined, among other cuts.

In addition to people charged with crimes, court-appointed lawyers often also represent children involved in abuse and neglect cases in circuit court. Rates for lawyers in family court are set by the West Virginia Supreme Court. County public defender offices also are separate.

The move by Eddy infuriated many lawyers across the state who take court-appointed cases. The attorneys are often required to drive long distances to court, jails and to the homes of their clients.

Majestro will still ask the state Supreme Court to do what it did in a 1989 case, Jewell v Maynard, in which an attorney filed a lawsuit arguing that he had a conflict of interest in representing his client because he wasn't being adequately compensated for his time. In that case, the rates for court-appointed attorneys hadn't been increased in 12 years.

The Supreme Court ruled in the attorneys' favor and raised the rates in 1990. The pay has remained the same ever since: $45 per hour for out-of-court work and $65 an hour for in-court work.

Justices at the time determined the rate of pay based on the federal court system, which currently pays court appointed attorneys $127 an hour for both in and out of court work, according to the notice.

Meanwhile, attorneys in West Virginia who handle family court case appointments are paid $80 an hour for out of court work and $100 an hour for work done in a courtroom. The Supreme Court sets the rates for those cases.

The notice also points out how often Public Defender Services is months behind in paying attorneys for their work.

The delay often results in attorneys selling their reimbursement request vouchers to companies who take a percentage of their money so that they can get paid sooner.

Those who cover family court appointments get paid within 30 days, Majestro noted.

Reach Kate White at

kate.white@wvgazettemail.com,

304-348-1723 or follow

@KateLWhite on Twitter.

Tobacco tax supporters say 45 cents isn't enough

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By Lydia Nuzum

Gov. Earl Ray Tomblin unveiled a proposal that would raise the tobacco tax by 45 cents during his State of the State address last week, but public officials on both sides of the issue remain unsatisfied with the plan. Some say the tax would go too far and others argue it isn't enough.

In his address Wednesday, Tomblin proposed a $71.5 million tobacco tax hike. The tax would add 45 cents to every cigarette pack purchase, raising the total tax to $1 a pack. Tomblin said the increase would "strike a balance," protecting retailers in West Virginia counties that border other states, while discouraging people from smoking. Republican leaders in the Legislature were divided, with some, including House Speaker Tim Armstead, firmly against additional tax increases, and others, like Senate President Bill Cole, open to ideas "that might help them close the budget gap."

Christine Compton, government relations director for the West Virginia American Heart Association, disagrees with the governor's proposed increase for a different reason - Compton believes a 45 cent increase is one that could be easily absorbed by the tobacco industry, and one that would be inadequate in discouraging people from smoking.

"Doing this in small increments is not significant and does not hit people in the pocketbook and push them to take that step to quit," Compton said. "We do not support stepping in the tax, fading in the tax, and we don't support small levels of tax increases."

Even more distressing, Compton said, is Tomblin's proposed cuts to funding for tobacco cessation programs in the state. The CDC's Best Practices guidelines for West Virginia recommend the state invest nearly $28 million in smoking cessation programs, but its current funding for such programs is $4.9 million dollars, and under the governor's plan would be cut to roughly $2.5 million, she said.

"We're talking about a gross underfunding for cessation and support services for those who want to quit or need to quit," Compton said. "That is coupled with an insignificant tax that will not be enough of a deterrent to push people over the edge and get them to quit."

West Virginia's adult smoking rate is the highest in the nation - 26.7 percent of West Virginians smoke, according to 2014 Behavioral Risk Factor Surveillance System data. The Mountain State's adult smoking rate has not declined significantly in nearly two decades, despite a marked decline in surrounding states and across the nation. Between 1995 and 2010, the daily smoking rates of adults in Kentucky, Ohio and Tennessee dropped to below 20 percent of the population, and below 15 percent of the population in Virginia and Pennsylvania. West Virginia's rate never fell below 20 percent during that period, and even increased between 2005 and 2010 to nearly the level recorded in 1995.

Its current taxation rate for tobacco is one of the lowest in the country, and at 55 cents per pack, lower than the tax rate for every state that borders it except Virginia. A 45-cent increase would put the state's tax above both Virginia's and Kentucky's, and legislators are also concerned the increases could affect retailers in counties that border Virginia and Kentucky.

Matt Ballard, president of the Charleston Regional Chamber of Commerce, said the chamber has actively advocated for a full $1 increase to the current tax for a number of years, but said that the small increase proposed by Tomblin would likely have less of an impact on border counties than a larger jump in prices.

"I understand the border counties' arguments more now - I didn't used to - but that said, at the current proposed rate of 45 cents, are you really going to cross the border and spend that extra time in your car? You'll spend that 45 cents on gas," he said.

For Ballard, the issue is one of economics as well, and not just because of the revenue the tax increase is predicted to generate.

"It's a good first step, but I don't think we're going far enough," Ballard said. "When our population is unhealthy it impacts us all, and we all pay in some way for that. We know that companies who are looking at West Virginia look at the health of its workforce - obviously they look at the skill sets and the education levels, but they look at the health, as well. It impacts their healthcare premiums, it impacts whether people are off work more frequently, and in the age of Google, you can't hide from your state's health index; we have to try to attack some of these health issues so that employers looking at the area won't consider that a detriment or a barrier to coming here."

Reach Lydia Nuzum at lydia.nuzum@wvgazettemail.com, 304-348-5189 or follow @lydianuzum on Twitter.

Raleigh deputies investigate armed robbery

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By Staff reports

SOPHIA -- An armed robber got away with cash at a Raleigh County convenience store early Sunday morning, according to the local sheriff's office.

The incident happened around 3 a.m. at the Go-Mart on Robert C. Byrd Drive in Sophia, according to a news release from the Raleigh County Sheriff's Office. The clerk told police a man came into the store, brandished a weapon and demanded money. The man left with an undetermined amount of cash, police say.

The store clerk sustained a minor injury and was treated at the scene by a worker from Jan-Care Ambulance.

The sheriff's office is investigating.

Sharp exchanges in final Democratic Debate before voting begins

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By By Lisa Lerer and Nancy Benac The Associated Press

CHARLESTON, S.C. - Turning up the temperature, Hillary Clinton and Bernie Sanders tangled repeatedly in Sunday's presidential debate over who's tougher on gun control and Wall Street and who's got a better vision for the future of health care in America. It was the last Democratic matchup before voting begins in two weeks, and both sides were eager to rumble as polls showed the race tightening.

Clinton rapped Sanders, the Vermont senator, for voting repeatedly with the National Rifle Association, and then welcomed his weekend reversal of position to support legislation that would deny gun manufacturers legal immunity. She rattled off a list of provisions that she said Sanders had supported in line with the NRA: "He voted against the Brady Bill five times. He voted against what we call the Charleston loophole. He voted to let guns go on Amtrak, guns to go into national parks."

Sanders, in turn, said Clinton's assertion that he kowtowed to the gun lobby was "very disingenuous" and pointed to his lifetime rating of a D- from the NRA.

On health care, Sanders released his plan for a government-run single-payer plan just hours before the debate, and used his opening statement to call for health care "for every man, woman and child as a right." Clinton, by contrast, urged less sweeping action to build on President Barack Obama's health care plan by reducing out-of-pocket costs and control spending on prescription drugs.

Clinton suggested Sanders' approach was dangerous - and pie-in-the-sky unrealistic.

"With all due respect, to start over again with a whole new debate is something that would set us back," Clinton said.

She said that under Obama's plan, "we finally have a path to universal health care. I don't want to see us start over again with a contentious debate." She noted that even with a Democratic Congress, Obama was unable to move to a single-payer system.

Sanders dismissed the idea that he'd endanger hard-won victories on health care, insisting: "No one is tearing this up; we're going to go forward."

When Clinton suggested Sanders' health care plan would impose a heavier tax burden on the middle class, Sanders insisted they'd come out ahead with lower costs overall.

"It's a Republican criticism," he said.

The two tangled over financial policy, too, with Sanders suggesting Clinton won't be tough enough on Wall Street given the big contributions and speaking fees she's accepted from the financial sector. Clinton, in turn, faulted Sanders' past votes to deregulate financial markets and ease up on federal oversight.

Then, she took a step back to put those differences in a different perspective.

"We're at least having a vigorous debate about reining in Wall Street," she declared. "The Republicans want to give them more power."

Overall, the tone of the debate was considerably more heated than the past three face-offs in the Democratic primary. But it also included moments of levity.

At different points, both Clinton and Sanders prefaced their criticism of one another with the phrase "in all due respect."

Sanders took note that he was copying Clinton on that verbiage, drawing a chuckle from his rival amid their pointed exchanges.

Then Sanders finished his thought on health care, telling Clinton "in all due respect, you're missing the main point."

Clinton, playing to her liberal audience, repeatedly cast herself as the defender of President Barack Obama's most significant accomplishments, including health care and Wall Street reforms. She argued that the Democratic Party had been working to pass a health overhaul since President Harry Truman and said Sanders' tear-it-up approach to Obama's plan would pull the U.S. in "the wrong direction."

The third participant in the debate, former Maryland Gov. Martin O'Malley, tried persistently to insert himself into the conversation. He focused on his record as Maryland's governor and accused both Clinton and Sanders of being inconsistent on gun control.


Innerviews: National Guard chief grateful for gifts of his past

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By Sandy Wells

He was just an ordinary kid from Knollwood. But here he is, sitting behind the desk in his spacious office, top dog at the West Virginia National Guard.

That's Maj. Gen. James A. Hoyer, adjutant general of West Virginia, head of the state's highly-regarded and much-deployed Army and Air National Guard.

He credits two factors for his rise to West Virginia's military pinnacle: The caring, familial environment that nurtured him through his formative years and the mentorship of his fatherly predecessor, Maj. Gen. Allen Tackett.

He's playing it forward now, striving to create the same feeling of kinship at the Guard that shaped him in his neighborhood, through Catholic schools and private college and through the relationships developed in the Guard. Giving back, he vows to provide his Guard family with strong role models and ample opportunities to succeed.

Of all his accomplishments, he's especially proud of the Guard's tuition reimbursement program instituted during his tutelage with Tackett. Already considered one of the top performing units in the country, the West Virginia Guard also ranks as one of the nation's best-educated.

An ROTC success story from the University of Charleston, he was teaching at his alma mater and going to grad school when he accepted a job as assistant to the speaker of the House of Delegates. That linked him with Tackett, a Guard lobbyist, and led to his role as understudy for the coveted position he holds today. Tackett passed the torch to his protege in 2011.

Military photos and mementos of all description fill his office. Medals and ribbons galore reflect the drive and dedication of an achiever. He's personable and forthright and obviously passionate about his job.

He deals with heavy stuff, deployment issues, homeland security, disaster relief, dozens of important, ongoing Guard programs. Through it all, he remains ever mindful of his neighborly upbringing and the people along the way who cared about him. Gratitude energizes him.

He's 54.

"I'm a product of my environment. I'm a great example of an average kid who had a good, strong environment focused around my family, neighborhood friends, my schools, the Guard and the people I've served with in the Guard.

"I grew up in Knollwood on the edge of Charleston. Knollwood in the '60s and '70s was like 'My Three Sons,' 'Leave It to Beaver' and 'The Brady Bunch' all rolled into one.

"All the families in that neighborhood were middle class. My dad ran a real-estate business. My grandparents on both sides, the Sodaros and the Restlers, and my parents were great examples of people working hard and just being good folks.

"I had coaches like Elwood Brown and Jim Smolder and Joe Joseph. The most important thing that came out of those coaches was they taught us more about life than sports.

"I went to St. Anthony's Grade School on the West Side in a family environment. Same thing at Charleston Catholic High School.

"My dad's father was in World War I. My mom's dad was in World War II. My uncle, Vince Sodaro, was in World War II, and Uncle Ralph [Hoyer] was in Vietnam and my dad was a Korean War veteran.

"But it wasn't until I got into high school that I started to look at the military. It started with a research project in high school where I looked at my family's military history. I got particularly interested in World War II and Special Operations and the things they did in World War II.

"As I came out of high school, I couldn't sort out what I wanted to do. So I decided to stay close and go to Morris Harvey, now UC.

"At St. Anthony's and Charleston Catholic, I had that nuclear family environment, and UC seemed more aligned to that. The first week of school, I saw this guy walking across campus in a military uniform. I asked what he was doing on campus. He was responsible for the ROTC program and said I should come to class.

"That started my direction in the military. I was majoring in management at UC. After two years in ROTC, I signed up officially. My senior year, we had a convocation and President Ford came. We were getting commissioned as lieutenants. The school president asked President Ford if he would give us our oath of office, so I got my oath from our former commander-in-chief.

"Bill Wooton was in the Legislature and also in the Guard. I worked for him in the Guard. Gen. Jack Yeager, a part of that St. Anthony's-Charleston Catholic group, said, 'Hey, why don't you look at the Guard as opposed to active duty? You can probably do some good things.'

"Bill became majority leader in the House. He asked me to work part-time in the Legislature. He said I could get some good experience. I was in graduate school, but he called the next day and said I really needed to do that. So I went to work for [House Speaker] Joe Albright.

"Partway into the session, Albright asked me to run the office. 'If you do a good job,' he said, 'I will give you a full-time job after the session.'

"The most significant thing to come out of that was meeting my wife. She was a part-time staffer. To this day, I can pinpoint the exact second I fell in love with her. She walked into the office, I looked up, she smiled, and I was done.

"We dated for a short period and got married. We have two kids, both in the Guard. We divorced. I was so focused on the mission and our counter-narcotics program and deployments with Special Forces. I lost focus on balancing family and work, but I got it back. Seven years ago, we remarried. We're good now. She's the balancing force.

"I started out in the Guard in the cavalry but transferred to Special Forces. That's where I met Gen. [Allen] Tackett. We talked about me working in the Legislature and how we needed to work on Guard issues. He said he could use me to make stuff happen. I started working on the vision he had for the Guard.

"I left the Legislature and taught communications and political science and public administration at UC, and ran some special projects.

"One day, Gen. Tackett called and asked me to come to work full time. That was late '97. I flip-flopped, went full time with the Guard and part time at UC for about a year and a half.

"Gen. Tackett and I hit it off. We both wanted to make the Guard strong and make West Virginia a better place. I served as his deputy for five and a half years and he made the recommendation for me to follow him.

"It's hard not to be successful in this job because you have so many talented people. From when I got in the Guard 34 years ago, it is fundamentally different. This is one of the best military organizations in the country. It goes back to the tuition reimbursement program.

"One of the first things I did with Gen. Tackett was go with him to meet with then-Senate President Tomblin and Senate Finance Chairman Oshel Craigo and talk about getting the Guard tuition reimbursement and sell them the story, 'Hey, if you want a best-in-the-country organization, they've got to be educated.'

"Now we have everything from a plumber's certificate to a master's degree and a couple of people in med school. We can put people in med school and they have a 10-year commitment to work in the state as a member of the Guard and a medical professional. That changed us as an organization.

"Seventy-eight percent of our force is either in technical school, completed technical school or completed technical school or college. About 43 percent are in college or have completed college in a state that has a college going rate of 15 percent.

"Another thing is the Mountaineer Challenge Academy, where we are creating that opportunity to help kids who are in difficult situations because they don't have the same environment I grew up in. In 2013, we instituted the high school diploma option. Now we're putting out high school graduates

"It's trying to create those dynamics where you have that same environment where people can be successful that I had. I was just an average kid. By creating those environment opportunities for folks in the Guard to be successful, they will make the Guard in West Virginia successful.

"Growing up in this organization under Gen. Tackett, the focus was to treat each other like family.

"I do town halls with all the units. It takes up a lot of time, but when you have 6,500 people, it's the best way to get to folks. I talk a little bit and then I say, 'What do you guys have on your minds?'

"We still have to be ready to do that military mission, and it's different today, more about irregular warfare and terrorism and asymmetrical threats.

"We've got a unit in Kosovo out working with the population to help them stabilize as a country so we don't create the radicalization that occurs potentially in an unstable country.

"In Kosovo, I met with the Italian general who is the head of Kosovo forces from 30 countries, 700 U.S. soldiers and 700 from the other 29 countries. One of the first things he asked me was, 'Can you send me some more West Virginia people?' That's how good we are.

"A good example of our capability is, who would have thought we would have to respond to a water contamination? We built the method to test for that chemical in water in less than 24 hours with the technical expertise we have.

"We manage the Army's largest tire-assembly facility. We rebuild tires for the Army, partly because we can save the federal government money and we can put 26 West Virginians to work doing it.

"A lot of people in the Guard develop civilian success because of the leadership skills and education and training they got here. I like to think we are producing the next generation of West Virginia's talent and leaders. You look at our metrics, how units are rated, we are one of the best in the country.

"Growing up in Charleston, I remember all the vibrancy of the Diamond department store and Stone and Thomas. My first day of school, my grandparents took me to the Kanawha Valley Bank and opened an account for me. Then they took me up to the Diamond to the cafeteria and bought my lunch, and I thought, 'Man, I'm living the high life.'

"I'd like to see us get back to that level of vibrant community that I saw growing up.

"Being a general and having the title, that's OK. But the best titles I've ever had were Honey, my title as a husband, and Dad, what my kids call me; and Jimmy and Jimbo, what the people call me who influenced me a lot.

"I had an opportunity recently where I could have moved on. But my wife and I decided that I have more to do here. If the next governor decides I've got more to do, I will stick around."

Reach Sandy Wells at sandyw@wvgazette.com or 304-342-5027.

Ads offering student loan relief scamming borrowers

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By Samuel Speciale

Advertisements on social media websites enticing college students with loan forgiveness services are more than likely a scam, say higher education and consumer protection officials.

In fact, most companies that aren't official student loan servicers con borrowers with fee-based assistance they can get for free through the federal government's financial aid office.

"Any service these websites can offer, you can get for free," said Brian Weingart, financial aid director for the West Virginia Higher Education Policy Commission. "You just need to call your loan servicer and ask about your benefits."

The country's nearly $1 trillion in outstanding student loans make up the nation's second largest consumer debt market. With 8 million federal and private student loan holders in default and many millions more struggling to repay their balances, many companies are preying on distressed borrowers seeking relief.

"Companies offering special services do not have the ability to negotiate with creditors in order to obtain a special deal under the federal student loan program," said Moira Vahey, a spokeswoman for the Consumer Financial Protection Bureau.

According to U.S. Department of Education data, West Virginia has the second-highest federal student loan default rate in the country, at 18.2 percent. A loan is considered in default when the borrower fails to make a payment as scheduled.

Debt relief companies offering loan forgiveness assistance trick borrowers into paying hundreds of dollars in upfront fees by promising their service can save thousands. They then enroll the borrower in a payment plan available for free to anyone with a federal student loan.

Weingart said being asked to pay for the service indicates it's a scam.

"There are legitimate loan forgiveness options out there," he said, adding that the federal government has income-based and other repayment plans.

According to the Consumer Financial Protection Bureau, other warning signs a debt relief company is phony are promises of immediate loan forgiveness or debt cancellation, demands for power of attorney and request for personal federal student aid PIN numbers.

Recently, companies that offer loan refinancing services for a fee have taken to websites like Facebook where they circulate personalized ads that are likely using school information posted on user profiles.

"Many University of Charleston students are qualifying for student loan forgiveness," one ad says.

The ad is linked to a website that claims loan forgiveness is three simple steps away. Callers to the advertised number are connected with an operator who asks for contact information so they can send links to a student assistance portal that requires input of additional information.

In fine print, the website acknowledges its services are fee-based and that loan relief programs are available for free from the U.S. Department of Education.

The Higher Education Policy Commission educates students about loan options when it counsels them through the Free Application for Federal Student Aid. Weingart said the best advice he can give to a student having trouble paying back a loan is to contact their loan servicer.

"And our office is always happy to be a resource," he added.

In June, the Consumer Financial Protection Bureau asked Facebook and Internet search engines to help stop student loan scams by watching for suspicious ads.

Reach Samuel Speciale at

sam.speciale@wvgazettemail.com,

304-348-7939 or follow

@samueljspeciale on Twitter.

Co-working space offers options for professionals

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By Elaina Sauber

He's spent a good chunk of his life in coffee shops, but Joe Solomon realized that the city's cafes aren't always conducive to those seeking a work space outside, well, their workplace.

The Taylor Books employee, who headed the addition of a used book room in its store last year, began searching for potential sites downtown that could house the city's first co-working space. The essentials? Wi-Fi and caffeine.

Many of Charleston's handful of cafes, Solomon said, "are all sort of overwrought with the music and distractions of our friends; it's not always great for getting stuff done."

Co-working spaces, popular in cities such as New Orleans, San Diego, Chicago and Boston, offer a spot where people can work on projects without the isolation and distractions that working from home often creates.

When Solomon inquired on Facebook if anyone would be interested in paying to have access to a co-working space, people from a slew of different careers responded favorably.

It wasn't long before Solomon reached out to Gina Puzzuoli, owner of Stray Dog Antiques at 219 Hale St., about his plan. While a co-working space could bring in the extra revenue her business needs, Puzzuoli admitted she had never heard of the term before.

"I was sort of amazed that people would really do this," she said, but she agreed to house the co-working space on the third floor of her store.

The historic building's natural light and original brick walls resemble co-working spaces Solomon has seen in Vancouver, Canada, and Burlington, Vermont.

"I think we're going to be building a different kind of zone in this space, to help people find synergy," Solomon said.

He and Puzzuoli hope to have the co-working space open by Feb. 1, but it will be relatively basic until a solid group of four or five members is established. "That would be an assurance that this could work, and we could grow the community from there," Solomon said.

Puzzuoli agreed.

"In the beginning, I see this kind of like a carrel in the library - sort of a nice little place to get out of your house and get the creative juices stirring," she said.

More than a dozen people have expressed interest in the space, Solomon said, which would charge $100 a month for rent with no required contract.

As they prepare to give tours of the space next week, the two are buying tables and chairs for the space, which is closed off by dividers from the rest of the third floor.

Solomon believes part of the interest stems from people who want to work "among others who are entrepreneurs, artists, professors and change-makers."

"I guess I like to find spaces where something of deeper potential seems possible, whether it's used books in the back of Taylor [Books] or co-working on the third floor of Stray Dog," Solomon said.

Those interested in joining the co-working space can email josolomon@gmail.com.

Reach Elaina Sauber at elaina.sauber@wvgazettemail.com, 304-348-3051 or follow @ElainaSauber on Twitter.

WVU, Marshall team up to offer history lessons to all

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HUNTINGTON, W.Va. (AP) - Marshall University and West Virginia University are teaming up to bring state history to the masses.

The two universities are offering free online access to publications on the Mountain State's history.

Called "West Virginia History: An Open Access Reader," the project's history lessons range from European settlement to mountaintop removal. The collection taps previously published essays from the journal "West Virginia History" and other WVU Press publications.

The history reader was launched this month by WVU Press and WVU Libraries. It can be found at http://textbooks.lib.wvu.edu/index.html.

Confederate flag's removal turns King Day into celebration

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By By JEFFREY COLLINS

Associated Press

COLUMBIA, S.C. (AP) - Civic leaders, activists, artists and others are celebrating, marching and paying homage Monday to Martin Luther King Jr., marking the 30th anniversary of the federal holiday honoring the slain civil rights leader.

In South Carolina, civil rights leaders planned a march to their state capitol as in past years when their rally highlighted calls to remove the Confederate flag from Statehouse grounds.
The King Day at the Dome gathering began in 2000 with that call. Last July, organizers got their wish as South Carolina swiftly removed the flag which had flown at the capitol for more than 50 years after what police said was a racially motivated shooting that claimed nine lives at a church in Charleston.
The state NAACP said there is still more work to do to honor King and the theme of this year's rally is "education equity," with speakers calling for South Carolina to spend more money to help students in poorer, more rural school districts, which frequently have a majority of black students.
And this year's event will also include appearances by all three main Democratic presidential candidates - Hillary Clinton, Bernie Sanders and Martin O'Malley.
The rally in Columbia is one of many planned nationwide recalling the legacy of King, who was assassinated in 1968.
In the nation's capital, President Barack Obama and first lady Michelle Obama planned to take part in a community service program in King's honor. Attorney General Loretta Lynch was to be the keynote speaker at a National Action Network King Day Awards program and FBI Director James Comey planned to lead a government wreath-laying service at the Martin Luther King Jr. memorial in Washington.
Elsewhere, the King Center in Atlanta was set to celebrate the holiday with a remembrance ceremony at Ebenezer Baptist Church. That commemoration caps more than a week of events meant to celebrate the slain civil rights icon's legacy under the theme: "Remember! Celebrate! Act! King's Legacy of Freedom for Our World."
"What most people around the world want, whatever nation they live in, is the freedom to participate in government, the freedom to prosper in life and the freedom to peacefully coexist," said King's daughter, the Rev. Bernice King.
The theme of freedom is especially meaningful this year, she said, because it is the 50th anniversary of her father's trip to Chicago to highlight the need for open and fair housing. King and the Southern Christian Leadership Conference in January 1966 had announced plans for the Chicago Freedom Movement. In a nod to that legacy, Secretary of Housing and Urban Development Julian Castro was set to speak at Monday's service.
King's legacy will also be celebrated in New York at the state Capitol complex. A free program at the Empire State Plaza Convention Center on Monday was to feature musical and theatrical tributes, including performances by Grammy-winning gospel singer Dorinda Clark-Cole and blues guitarist Guy Davis.
And in Minneapolis, activists with the group Black Lives Matter planned to march onto a Mississippi River bridge that connects Minneapolis and St. Paul during a Martin Luther King Day rally.
The Star Tribune reports that the activists would rally for the release of a video of the November fatal shooting of 24-year-old Jamar Clark by a Minneapolis police officer. In St. Paul, protesters want the case of Marcus Golden reopened. Golden was fatally shot by St. Paul police early last year. A grand jury declined to indict the officers involved in that shooting.

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