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Judge asks for more time to make ruling on West Virginia vaccine exemptions

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Judge asks for more time to make ruling on West Virginia vaccine exemptions


BECKLEY, W.Va. (WOWK) — The judge in the vaccine religious exemption case did not reach a ruling in Thursday’s hearing, despite expectations that he would.

Judge Michael Froble said in a Raleigh County courtroom that he was not confident enough to make a final decision, given the amount of evidence and testimony to review.

“The court is wanting to take this under advisement,” Froble said. “I don’t believe at this point, I’m ready to make the ruling. I think that would be inappropriate.”

Multiple people took the stand yesterday to discuss their experience and knowledge of the ongoing litigation, including West Virginia Board of Education President Paul Hardesty, who has stood firmly with the board’s position to hold the state’s compulsory vaccination law (W. Va. Code § 16-3-4.)

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Shannon McBee, the state’s epidemiologist, also testified. She discussed the mechanics of Governor Patrick Morrisey’s executive order that allowed for the religious exemptions.

The court also heard from two parents yesterday with immunocompromised and/or disabled children in the West Virginia public school system.

The final witness in the hearing, West Virginia health officer Dr. Mark McDaniel, testified today that he was overall unfamiliar with religious exemptions and only dealt with medical exemptions in his job, which he has held for only a few weeks.

When asked for his opinion- both personally and professionally- he said he could not provide one.

“I don’t have a personal opinion,” McDaniel said. “At this point, I’m just new to the job. I really haven’t worked out the data myself.”

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All parties made their closing arguments, including counsel representing school boards, parents and health boards.

They discussed a variety of points, including:

  • School extracurricular activities without vaccine requirements
  • The origin of the compulsory vaccination law (W. Va. Code § 16-3-4.)
  • West Virginia legislature involvement
  • All parties involved (janitors, custodians, bus drivers, etc.)
  • Applying ERPA (Equal Protection for Religion Act)
  • Proving that said illnesses were caused by unvaccinated children in the said public school

The hearing was originally expected to end on Thursday, but the court ultimately decided to review further.

Froble instructed all counsel to submit the respective paperwork needed to make the final ruling.

At this time, there is no specific word on when that decision will take place.

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Thomas, Huff lead Mountaineers past Lafayette, 81-59 – WV MetroNews

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Thomas, Huff lead Mountaineers past Lafayette, 81-59 – WV MetroNews


MORGANTOWN, W.Va. — West Virginia guard Honor Huff does the majority of his damage from the perimeter.

Mountaineer freshman DJ Thomas generally makes his presence felt closer to the basket.

Together, that combination was too much for Lafayette in a Monday night matchup at Hope Coliseum. Thomas led all players with 25 points and Huff accounted for 24 on eight three-pointers as the Mountaineers never trailed in an 81-59 victory against the Leopards.

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“Every team is going to play you a little different and we knew going into this game they were going to zone some and they had double-teamed the post,” first-year West Virginia head coach Ross Hodge said. “We figured they were going to double team Harlan [Obioha] and B-Lo [Brenen Lorient], and that’s the first play that Honor got his shot from. DJ got to his spots to where he needed to be and he was the recipient of some really good passes. He found himself in good position and finished and left a couple on the table that he probably wished he could’ve finished as well.”

The result enables WVU (5-0) to complete its season-opening home stand unbeaten, while the Leopards fell to 1-4.

“We did what we were supposed to do. You have to take court of home court,” Hodge said.

Huff showed what type of performance it would be on his team’s first possession when he received a pass from Jasper Floyd and connected from beyond the arc.

“About time. It felt good to see a couple go in right away,” Huff said. “I’ve struggled to start these past couple games and that kind of sets the trajectory unconsciously for the rest of the game.”

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Lafayette hung tough for the first 10 minutes and was tied at 13 when Mark Butler scored in the paint.

Thomas then took over for a stretch, accounting for seven straight points to leave the home team on top 20-13.

“Just having a mindset of being ready. I know these guys are putting in work, so I have to keep up that production level when I get in off the bench,” Thomas said.

WVU gained its first double-figure lead on Huff’s third triple 4:19 before halftime, and the 5-foot-10 senior guard added two more before the break, including one just before time expired directly in front of the Leopards’ bench. 

Huff’s 15 first-half points combined with Thomas’ 11 staked West Virginia to a 36-25 halftime lead.

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“He has the ability to get on a roll and start making some tough shots, which he did tonight,” Hodge said. “The one right before the half was a big momentum shot.“

Huff hardly wasted time picking up where he left off to start the second half and made a trey at the 17:19 mark to increase the advantage to 43-29. His seventh three came with 15:15 remaining and Huff added an eighth at the 11:25 mark to leave the Mountaineers with their largest lead of the night, 58-34.

With eight threes, Huff tied the second-highest single-game mark in program history and was one short of Alex Ruoff’s record  set in December 2008 against Radford. Huff did not attempt a shot in the final 11 minutes. 

“It wasn’t until the fans started screaming about [the single game WVU record for threes] when I was on the bench,” Huff said of when he became aware the feat was within reach. “I’m like, talk to Ross Hodge. I’m happy we got the win. I wasn’t really worried about that. That’ll come.”

Thomas, meanwhile, continued to assert himself after halftime and was extremely efficient, making 6-of-7 second-half field-goal attempts.

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Largely on the strength of its perimeter shooting, Lafayette fought back to within 14 with 6:44 remaining and 12 at the 2:55 mark on an Andrew Phillips three.

WVU outscored the Leopards 12-2 the rest of the way with Thomas and fellow freshman Amir Jenkins combining for eight of those points.

“I was proud of the way we finished the last 4 minutes — the last couple of minutes in particular,” Hodge said.

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Thomas’ output marked the highest point total for a WVU freshman since March 2019 when Emmitt Matthews scored 28 against Texas Tech.

“He has a great feel. He played for a good really high school program. He’s really mature,” Hodge said. “He’s a good listener and listening is a skill just like running fast and jumping high. The ability to listen to what your coach is asking you do to and go execute that. He’s getting better defensively as well. He was the recipient of some good passing tonight from our team.”

Jenkins and Brenen Lorient scored nine apiece in the victory.

Phillips led Lafayette with 19 points and Caleb Williams score 16.

Lafayette made 10-of-22 threes. WVU entered having held opponents to a 26.4 percent (19 for 72) mark from distance.

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WVU, 5-0 for the first time since 2019, has yet to allow an opponent to record more assists than turnovers in a game this season after Lafayette finished with 14 assists and 19 turnovers.

The Leopards entered averaging 11.5 turnovers.

“Typically, we’re a low assist defense,” Hodge said. “Fourteen assists is a big number for them. Fortunately, we were able to balance it out with 19 turnovers. There’s that fine line of keeping that ball in front of you and when you are beat, being able to funnel it to where help is.”





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West Virginia families raise addiction awareness with billboards of overdose victims

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West Virginia families raise addiction awareness with billboards of overdose victims


Addiction, its a sickness West Virginians are all to familiar with, and the life shattering impacts that come along with it.

“It’s gut-wrenching,” said Lorie Messinger. “It’s hard, it will bring back every memory in a matter of seconds that you have of your child or somebody else’s child that’s here.”

Lorie Messinger lost her son to an overdose. Since his passing she’s worked along side Leona’s Legacy of Love. Most recently putting up billboards in Huntington with the faces of families loved ones who lost their lives to overdoses.

“I hope that it brings awareness to what’s going on and people are not so judgmental,” Messinger said. “That they don’t criticize. That they’re actually kinder.”

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In April the West Virginia Department of Human Services reported a 40% decrease in overdose deaths in 2024.

Despite the decline, families across the state like Rikki Abbott’s who’s brother is memorialized on the billboard are still seeing the impacts substance abuse has had on the ones they love.

“By the time that my brother was deep in his addiction, I’d already lost my dad and my mother,” Abbott said. “My dad was, before we even knew what it was, and he was on very strong medication. He was addicted to it. And then my mother had struggled as well and I lost her to suicide.”

Abbott hopes the faces of lost loved ones like her brother incline people to take the step towards recovery.

“If you’re in Huntington and you’re struggling with substance use disorder, I hope you see it and you think about it,” Abbott said. “And you realize how much those people were loved and what it meant for people to put their loved one on that board and that you would seek help.”

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Farmington Mine Disaster still echoes across West Virginia coal country

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Farmington Mine Disaster still echoes across West Virginia coal country


FARMINGTON, W.Va. — Before dawn on November 20, 1968, a thunderous explosion ripped through Consolidation Coal Company’s No. 9 mine outside this Marion County town, sending smoke, flames, and debris high into the cold West Virginia sky.

Within hours, the tragedy would become known simply as the Farmington Mine Disaster—a shorthand for one of the deadliest coal-mining accidents in modern U.S. history and a turning point in the fight for mine safety.

Farmington Mine Disaster
Smoke and fumes billow from the No. 9 mine following the 1968 Farmington Mine Disaster.

At about 5:30 a.m., with 99 men working underground, an explosion shook the sprawling Consol No. 9 mine, which tunneled for miles through the Pittsburgh coal seam north of Farmington and Mannington.

Twenty-one miners fought their way to the surface through smoke-filled tunnels and improvised escape routes. Seventy-eight others never made it out.

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In the chaotic days that followed, the world watched as rescuers battled fire, poisonous gases, and repeated blast fears in a desperate effort to reach the trapped men. The story, carried live on television, drew national attention to the dangers in coalfields and helped spur the passage of the landmark Federal Coal Mine Health and Safety Act of 1969.

A blast felt miles away

The Farmington Mine Disaster unfolded on a damp, cold Wednesday morning. Residents as far as Fairmont, roughly 12 miles away, reported feeling the shock.

At the mine portal, witnesses described a column of black smoke and red-orange flames shooting into the air. Rock, timbers, and equipment were hurled from the shaft.

Area miners, awakened by the sound they dreaded most, rushed toward the site. Families from Farmington, Mannington, and nearby communities quickly gathered near the tipple, straining for news.

According to the U.S. Mine Rescue Association, only 21 men emerged alive, some stumbling out under their own power, while others were hoisted from a construction shaft in a crane bucket pressed into service as a makeshift rescue hoist.

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But as the hours wore on, hopes dimmed. Fires raged deep underground. Air readings from boreholes showed an atmosphere incapable of sustaining life. After multiple subsequent explosions, officials made a grim decision: on November 30, just ten days after the first blast, they sealed the mine with concrete, entombing 78 miners inside.

Nineteen of those men have never been recovered; the No. 9 mine remains their final resting place.

Long danger, long memories

Consol No. 9, known earlier as Jamison No. 9, had a history of trouble. According to historian Jeffery B. Cook, deadly explosions had occurred there in 1901 and again in 1954, when 16 miners were killed.

“But this was far worse,” he wrote in an article regarding the explosion in the West Virginia Encyclopedia.

By 1968, the mine was among the largest in the country, with its tunnels spanning a footprint roughly ten miles long and six miles wide beneath the hills of the Fairmont Coal Field of northern West Virginia.

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Miners had long complained about methane gas and coal dust, the explosive combination that had led to many coal-mine disasters. In later accounts, survivors recalled worrying about ventilation and dust levels even before the explosion.

Years after the Farmington Mine Disaster, investigations and reports raised disturbing questions about the conditions underground and the effectiveness of safety systems. A key focus was a ventilation fan at the Mod’s Run (or Mods Run) shaft, designed to pull methane out of the mine.

In material later cited by journalists and authors, a federal investigator’s memo and subsequent sworn testimony indicated that a safety alarm on one of the mine’s ventilation fans had been deliberately disabled before the blast.

According to summaries of Bonnie Stewart’s book No. 9: The 1968 Farmington Mine Disaster, the disabled alarm meant that when the fan failed on the morning of November 20, no automatic warning sounded and power to the mine was not cut—a failure that, in Stewart’s words, amounted to “a death sentence for most of the crew.”

The official federal investigation, completed in 1990 by the U.S. Mine Safety and Health Administration (MSHA), concluded that mine ventilation was “inadequate overall” and potentially “non-existent in some areas,” but did not formally assign a cause.

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‘The first mine disaster of the television age’

Unlike earlier tragedies, the Farmington Mine Disaster played out in living rooms across America. Reporters and network television crews dug in at the mine entrance, broadcasting images of the burning shaft, rescue attempts, and anguished families.

According to the late Davitt MacAteer, assistant U.S. Secretary of Labor for Mine Safety and Health, coverage swept the nation as never before.

“The media dug in at Farmington, the first major mine disaster of the television age, relaying follow-up explosions and suspenseful rescue attempts to the nation’s living rooms in play-by-play detail,” McAteer wrote.

For many outside the coalfields, it was the first time they had seen, in real time, the human cost of supplying the nation’s energy needs. For mining families, it confirmed what they already knew: coal was being won at a terrible price.

In Washington, the explosion proved impossible to ignore. Within a month, the U.S. Department of the Interior convened a national mine-safety conference, where Interior Secretary Stewart Udall cited Farmington in a blistering speech about the industry’s “disgraceful” safety record.

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Udall’s remarks signaled a shift. For decades, coal-safety rules had been weakly enforced. Inspections were infrequent. Companies faced little consequence for repeated violations.

Farmington changed the politics.

From Farmington to the 1969 Coal Mine Health and Safety Act

The disaster became a catalyst for sweeping reform. In 1969, Congress passed the Federal Coal Mine Health and Safety Act, the toughest coal-mining law in U.S. history at that time.

The act dramatically expanded federal authority in underground mines. The law:

  • Required federal inspections of all coal mines—twice annually for surface mines, 4 times annually for underground mines
  • Authorized mine inspectors to shut down mines when life-threatening hazards were found
  • Created strong, enforceable safety protections
  • Set fines for all violations and criminal penalties for willful violations
  • Added health protections, including for black lung diseases
  • Established federal benefits for victims of black lung disease

Crucially, the law gave federal inspectors the power to shut down mines that posed “imminent danger” to miners — a power that safety advocates had sought for years.

The Farmington Mine Disaster was frequently cited by lawmakers and regulators as the emotional force behind the act. The administration’s historical summary notes that the Farmington explosion was a “flashpoint for reform” after years of high fatalities and public pressure.

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The 1969 act also laid the groundwork for the later creation of the Mine Safety and Health Administration in 1977, shifting mine-safety enforcement from the Interior Department to the Department of Labor.

Families’ long quest for answers

For the families of the men lost at Consol No. 9, the tragedy did not end when the mine was sealed.

In September 1969, less than a year after the blast, the company and federal officials reopened the mine in an effort to recover bodies and gather evidence. Over nearly a decade of painstaking work, crews recovered the remains of 59 miners; 19 others were never found.

Farmington Mine Disaster survivors Gary Martin (left), and Bud Hillberry (right) and an unidentified third miner are hoisted from the Farmington No. 9 mine. They were the last to escape. (Photo by Bob Campione)Farmington Mine Disaster survivors Gary Martin (left), and Bud Hillberry (right) and an unidentified third miner are hoisted from the Farmington No. 9 mine. They were the last to escape. (Photo by Bob Campione)
Gary Martin (left), Bud Hillberry (right), and an unidentified third miner are hoisted from the Farmington No. 9 mine. They were the last to escape. (Photo by Bob Campione)

Decades later, newly surfaced documents and testimony about the disabled fan alarm fueled lawsuits by some families, who argued that critical information about what led to the explosion had been concealed for years. Courts ultimately dismissed those cases on statute-of-limitations grounds, but the litigation kept public attention on lingering questions about responsibility and accountability.

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In interviews, family members have often said they pursued the cases not solely for compensation, but to ensure that the mistakes at No. 9 were fully understood and never repeated.

A lasting memorial and a warning

Today, the Farmington Mine Disaster is remembered each November at a memorial along US-250 near Mannington, built above the site of the old No. 9 mine. A large carved stone bears the names of all 78 miners who lost their lives. Families, union members, and public officials gather to read the roll, lay wreaths, and call for continued vigilance on mine safety.

Cook notes that the Farmington explosion, following earlier fatal accidents at the same mine, “led to major changes in mine safety,” reshaping laws and attitudes far beyond Marion County. “The legal and political consequences were profound,” he wrote.

Yet for coal miners and their families, the story is not only about regulations and reforms. It is also about the 99 men who went below ground before dawn, the 21 who clawed their way back to the surface, and the 78 who never came home.

Their legacy is written not just in law books, but in every ventilation plan reviewed, every methane monitor checked, and every decision to halt work when conditions turn dangerous.

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More than half a century after the Farmington Mine Disaster, the images of smoke pouring from No. 9 still serve as a stark warning: when safety systems fail or are ignored, the cost can be counted in human lives.

For more information on visiting the Farmington Mine Disaster Memorial, contact the Marion County Convention and Visitors Bureau.


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