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Dear WV cities:  Just because the Supreme Court says you could doesn’t mean you should • West Virginia Watch

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Dear WV cities:  Just because the Supreme Court says you could doesn’t mean you should • West Virginia Watch


Recently, the U.S. Supreme Court ruled in Grants Pass v. Johnson that cities can charge people with crimes for sleeping in public, even when they have nowhere else to go. 

The ruling partially reversed the 2018 case Martin v. City of Boise, which had held that cities had to offer sufficient housing alternatives before criminalizing homelessness. 

The new ruling will have ramifications across the country. 

On a single night in January 2022, there were at least 580,466 homeless people in the United States, according to the Department of Housing and Urban Development’s 2022 Annual Homeless Assessment Report, which is widely considered a conservative count.

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Housing prices continue to outpace incomes, particularly in urban areas, leaving housing out of reach for many. The average hourly wage needed to afford a two-bedroom rental in 2023 was $27.58, according to the National Low-Income Housing Coalition. The federal minimum wage remains at $7.25.

Failures in our mental health and addiction treatment systems allow many people to spiral rather than provide necessary support. More than 130 rural hospitals have closed since 2010, according to the National Rural Health Association. This drives more struggling people into population centers to seek support. 

West Virginia cities have responded to these pressures by attempting to criminalize poverty. For years cities like Martinsburg, Morgantown, Wheeling, Parkersburg, Huntington, Charleston, and even Buckhannon have engaged in aggressive tactics against people who are indigent, experiencing homelessness and housing insecurity. These include nuisance “drug house” ordinances, panhandling bans, and breaking up of encampments. For years the ACLU-WV has fought back against these cruel and misguided policies.

The ruling in Grants Pass may have given cities more power to enact such policies, but it doesn’t require them to do so.  

Criminalizing people for sleeping outside when they have nowhere else to go is inherently contrary to the notion of freedom. As Justice Sonia Sotomayor pointed out in her Grants Pass dissent, “sleep is a biological necessity, not a crime.” 

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In his majority opinion, Justice Neil Gorsuch sided with a lower court’s ruling that Martin had “shackled” local officials’ efforts to redress the serious issue of homelessness. Putting aside the unfortunate choice of words, it’s crucial to note that these laws do nothing to remedy homelessness. 

In fact, they only make the problem worse. 

We cannot arrest our way out of this mess. We cannot expect court fees, fines and the collateral consequences of legal-system involvement to lift anyone out of poverty. Last year, when the City of Charleston put 16 people in jail for five days for the crime of being homeless in a city park at night, how did that benefit anyone?

In trying to make homelessness less visible, cities like Charleston are throwing gasoline on the fire. We can’t hope that a cruel and hopeless enough situation will magically create the resiliency needed to overcome obstacles and barriers. And we certainly can’t believe that kicking people to the next town over is a viable policy solution.

There are many proven methods to reduce the number of people experiencing homelessness and housing instability. They include low-barrier housing, rent controls, expanded mental and behavioral health services, and cutting the red tape to assistance. 

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Not only are these policies more humane and more effective, the data shows they are cheaper.  For example, the Central Florida Commission on Homelessness found that providing permanent housing to chronically homeless individuals saved the region $31,065 per person per year in reduced spending on law enforcement and emergency services.

So, while the Supreme Court may have allowed more criminalization of poverty, it is still bad policy. 

And if West Virginia cities think they now have a blank check to criminalize poverty, they can think again. The ACLU isn’t going anywhere and we will fight these wrongheaded proposals every step of the way.

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West Virginia

Morrisey: Growth of Alcon in Cabell County is evidence of good times ahead for WV

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Morrisey: Growth of Alcon in Cabell County is evidence of good times ahead for WV


Alcon, an eye care device company focusing on surgical equipment and vision care products, in Lesage, Cabell County, West Virginia, announced on March 26, 2026, it is investing $81 million for a facility expansion, creating high-tech jobs and a new product. West Virginia Gov. Patrick Morrisey attended the event to announce the investment along with other private investments made between October 2025 and March 2026.



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No. 17 West Virginia Travels to Face No. 22 Arizona State in Top-25 Weekend Series

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No. 17 West Virginia Travels to Face No. 22 Arizona State in Top-25 Weekend Series


The No. 17 West Virginia Mountaineers (17-4, 5-1) are in a top 25 road matchup and look to remain atop the Big 12 Conference standings against the No. 22 Arizona State Devils (18-6, 4-2) for a three-game weekend series. Game one is Friday night with the first pitch set for 9:30 p.m. EST (ESPN+) game two is Saturday at 9:30 p.m. EST (ESPN+) and the series finale is scheduled for Sunday night at 9:00 p.m. EST (ESPN2).

West Virginia comes into the game on a six-game winning streak after taking two of three from Baylor, sweeping BYU and knocked off Marshall Tuesday night.

Two Mountaineers reside in the top five of the Big 12 in batting averaging. Paul Schoenfeld has emerged as the Mountaineers leader at the plate, hitting a team-high .418, which ranks third in the conference with a team-best 26 RBI. The senior is currently on an 11-game hitting streak.

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Gavin Kelly is fourth in the league with a .416 batting average and is riding a 17-game hitting streak. The sophomore leads the team in hits (37), runs (28) and doubles (11).

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Senior Matthew Graveline has clubbed a team-high four home runs, while junior Armani leads the Mountaineers in stolen bases with 12.

On the mound, West Virginia is expected to start Dawson Montesa in the series opener. The junior right hander threw seven innings in his last outing against BYU, tying a season-high, with seven strikeouts. He holds 4-0 record with 4.65 ERA and 39 strikeouts.

Lefty Maxx Yehl is scheduled to move to the middle of the series after closing out each of the first six series of the season. The redshirt junior is second in the conference in ERA at .084, allowing a mere three runs in 32.0 innings of work. In the last two outings, he has recorded a combined 23 strikeouts, upping his season total to a team-leading 44 strikeouts on the season.

Chansen Cole will start game three. The right-handed sophomore had his toughest outing of the season last weekend against BYU. He allowed six earned runs in three innings, but registered six strikeouts. He is currently 3-0 with a 4.00 ERA with 29 strikeouts.

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Arizona State is 11-2 after a four-game skid against SEC opponents, and notched its series wins over TCU and Kansas State.

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Sophomore Landon Hairston leads the team with a .458 batting average, tie with fifth-year senior Dean Toigo with 11 home runs, 11 doubles, 36 runs, and 34 RBI.

Junior lefty Cole Carlon is slated to counter with Cole Carlon (2-1, 3.19 ERA), junior right-hander Alex Overbay (0-0, 5.19 ERA), is set for game two, and senior righty Kole Klecker (3-1, 5.61 ERA) is scheduled for the series finale.

This is the first meeting between the two programs.



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West Virginia Agencies Shielding Details on $1.44B DOE Coal Bail-out Loan from Public – CleanTechnica

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West Virginia Agencies Shielding Details on .44B DOE Coal Bail-out Loan from Public – CleanTechnica



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West Virginians Are On the Hook to Pay DOE for Short-Sighted Projects with Big Health Impacts

CHARLESTON, W.Va. — Following two postponements, the West Virginia Department of Commerce has informed Sierra Club’s West Virginia Chapter that there are “no non-exempt records” responsive to the Club’s Freedom of Information Act (FOIA) request pertaining to the U.S. Department of Energy (DOE) plans to loan local utilities $1.44 billion to fund refurbishment projects at six unnamed West Virginia coal-fired power plants.

The DOE and Governor Patrick Morrisey first announced the $1.44 billion in coal refurbishment projects as part of a larger $4.2 billion suite of fossil-fuel expansions in November 2025. The projects are intended to extend the lives of the six coal plants up to 20 years. However, regardless of how long the coal plants manage to continue operating, payments on the low-interest DOE loans will be passed on to West Virginians’ electric bills for decades.

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According to the West Virginia Department of Commerce, “certain public records within the scope” of the Sierra Club’s FOIA request are, “exempt from disclosure.” In the January FOIA filing, Sierra Club requested a detailed list of the six plants set to receive loans, as well as information on the cost and the specific upgrades proposed at each plant.

In addition to funding the projects, West Virginians will also shoulder the public health impacts. According to a Sierra Club study, West Virginia’s in-state coal plants currently account for hundreds of expensive hospital visits and 20 West Virginian deaths annually. West Virginia’s coal plants also account for 335 out-of-state deaths annually.

“West Virginians are being kept in the dark,” said Bill Price, Sierra Club West Virginia Chapter Chair. “Our local state agencies, tasked with serving the public interest, are expecting the public to repay billions of dollars in loans — blindfolded. No honest lender operates this way. No reasonable borrower would accept it. So why ask us to go along with the Governor’s deal without any details? In this time of increasing energy costs and high bills, people need to know where their money is going. We will continue to seek the answers and transparency West Virginians deserve.”

“West Virginia’s Freedom of Information Act states quite clearly, ‘The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments of government they have created.’ Before the State loads down West Virginia citizens with over a billion dollars in loans, they should at least tell us what this is for, what we have to pay back, and who profits from these loans,” added Jim Kotcon, Conservation Chair for Sierra Club West Virginia.

About the Sierra Club

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The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person’s right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.


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