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Elkins Council debates issuing a statement

By Anthony Gaynor 6 min read

ELKINS -- Elkins City Council debated this week whether to issue a "Statement of Solidarity" after the arrival of armed counter-demonstrators prompted the cancellation of a planned Black Lives Matter protest in Elkins.

Event organizer Ty Flynn postponed the event due to a forecast of rain and thunderstorms on Sunday morning, but told The Inter-Mountain on Monday that he was canceling the event because the arrival of counter-demonstrators carrying firearms in Elkins created a safety concern.

During this week's virtual Elkins City Council meeting, city officials engaged in a lengthy debate about whether to issue a "Statement of Solidarity."

"I think it would be a good idea," Councilman Rob Chenoweth said. "I don't necessarily know exactly of what it should say.

"It is something positive for our community."

Councilwoman Karen Wilmoth agreed with Chenoweth and said sometimes residents need a reminder that the council is looking out for the best interests of the town and the community.

"A general statement that as city council it is our job … to look at the big picture and we do what is best for the city and all our citizens," she said. "Sometimes you need to state it so people understand that we are not on our own agenda here and we are looking out for the best interests of the city and all of its citizens."

Councilman Charlie Friddle said he was impressed with the statement released by the Elkins Police Department on Monday.

"I am not sure we need to do any more than that," Friddle said. Councilman Carman Metheny agreed that no further statement was necessary.

"The Elkins Police Department respects and supports every person's right to free speech as well as the right to assemble and protest peacefully," Elkins Police Chief T.C. Bennett wrote in Monday's EPD statement. "We will do everything in our power to protect those who choose to exercise these rights. However, we will tolerate absolutely zero violence or destruction of property."

Later on Monday, the EPD issued a press release that stated EPD officers are sworn to protect all people in the exercise of all of their constitutional rights, and that no violations of the law will be tolerated during demonstrations or marches.

"The U.S. Constitution protects the right to assemble, the right to free speech, and the right to keep and bear arms," Bennett said in the press release. "We were not made aware of anyone doing anything beyond exercising those rights on Sunday."

Councilman David Parker said he is not sure the city could say more than what was released by the EPD.

" I think that the statement that was formally issued makes it clear that we fully intend to see to it that we operate in a manner that is truly just as a city that is within the laws of the state West Virginia and the United States," he said. "We are sworn to that, but that we do that in a way that is truly just,t and I thought that was pretty well set out. … I am not sure what else to say at this moment."

Chenoweth said the statement could be similar, but the difference is who is making the statement.

"The body that it is coming from, the mayor and council as opposed to the chief of police," Chenoweth said. "Speak on behalf of the citizens as representatives of the city. I think the statement could be similar and echo the same sentiments."

He suggested having Elkins External Affairs Specialist Sutton Stokes prepare something for council to review and see if it stands up to what council wants to say. Parker and Councilwoman Marilynn Cuonzo both stated they agreed with Chenoweth.

Elkins City Clerk Jessica Sutton said in order to get a statement out in a timely manner, council could make a motion to have Stokes draft a statement and then get feedback back from council before it is released, or they could make a motion and have Stokes bring it back to council for full approval.

Metheny said, "I don't think the city needs to be involved in any discussion or a statement simply because the city compiles with the law. I don't see that a statement needs to be made."

Chenoweth made a motion for Stokes to draft a statement and bring it back for review. Parker seconded the motion.

Friddle said he was not in favor of voting to approve a statement that he has not seen.

"I want to see it before I vote on it," he said.

Parker said that the motion is to have Stokes draft a statement for council's review. Mayor Van Broughton asked if the issue was something that should be brought back at the next council meeting. Chenoweth said to be timely, Stokes could draft it and then council could submit reviews.

Broughton suggested having a special call meeting after council submits their reviews. Counzo said she felt a special call meeting was unnecessary and members could submit submit any changes to a statement before it is released.

"I don't want anybody making a statement for me without me first approving it," Metheny said. Councilwoman Linda Vest agreed.

Chenoweth said that was the point, that council is going to approve it.

"If it is not 100 percent approved, it can't be a joint statement from council," Chenoweth said.

City Attorney Geraldine Roberts said there would need to be a meeting for any action to be made on a prepared statement.

Chenoweth said the only solution is to have a special call meeting to approve, disapprove or edit the statement. Chenoweth suggested Stokes write something similar to the statement released by the EPD.

City Council decided to have Stokes draft a statement and have a special-call meeting for Thursday, June 25 at 7 p.m. for discussion and possible approval.

The motion was made by Chenoweth with a second from Counzo. The motion was approved 8-1, with Metheny voting against the measure. Councilman Christopher Lowther was not present during the meeting.

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