Latest / WCHS Network Podcasts / 06/19/2025 Ask the Lawyer with Harvey Peyton

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06/19/2025 Ask the Lawyer with Harvey Peyton · WCHS Network Podcasts

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Speaker 2: The views and opinions expressed on this program do not
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Speaker 2: necessarily reflect the views and opinions of five eight wchs
0:22
Speaker 2: it's employees or WVRC Media.
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Speaker 3: Put the power of Payton on the side. We have
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Speaker 3: the court room experience that you need. We never give up.
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Speaker 3: We're prepared to fight for your rights. When you need action,
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Speaker 3: count on us. Put the power of Pagion on your side.
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Speaker 3: The power of Pagon.
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Speaker 4: Andy refuse. They've got more too.
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Speaker 5: You can put the power of Paton on your side
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Speaker 5: this morning. Three zero four three four five fifty eight
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Speaker 5: three four five fifty eight fifty eight. You can text
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Speaker 5: three zero of four nine three five five zero zero
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Speaker 5: eight the power of Paton on your side this morning.
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Speaker 6: That would be Harvey Payton. How you doing this morning, heart, Well,
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Speaker 6: I'm quite well. You know it was raining again down
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Speaker 6: in Tayes Valley this morning. When I departed and the
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Speaker 6: clouds parted somewhere along all about the Nitro Interstate Bridge.
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Speaker 6: You know, I'm probably an outlier in this matter. One
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Speaker 6: of the topics I want to was going to touch
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Speaker 6: on this morning was roads, and I think most people
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Speaker 6: who have followed the news and who drive I sixty
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Speaker 6: four Interstate sixty four eastbound, particularly from the Tays Valley
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Speaker 6: Huntington area into Nitro or the Kanaw County is there
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Speaker 6: is after the completion of a multimillion dollar bridge replacement
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Speaker 6: project that went extremely well from the standpoint of traffic
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Speaker 6: control timeliness completion of the job. At one point at
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Speaker 6: the end of one of the bridges that was replaced,
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Speaker 6: there's a they's got the grade off, right, I mean
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Speaker 6: the grade is a bit off between the bridge deck
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Speaker 6: and the roadway, and so there's a dip. Well, now
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Speaker 6: there are signs that say there's a dip and there's
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Speaker 6: a you would think that it that it's like krack
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Speaker 6: a toa in the middle of the road to hear
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Speaker 6: people talk. So you know, I drive that way quite frequently,
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Speaker 6: and you probably could ramp a vehicle if you go
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Speaker 6: across that join At about eighty five miles an hour
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Speaker 6: honestly on a stretch of road where the speed limit
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Speaker 6: maximum is seventy but you know I drive it at
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Speaker 6: about seventy miles an hour, somewhere between sixty five and
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Speaker 6: sept seventy five actually, And yeah, there's a dip. It's
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Speaker 6: not the end of the world, and it's going to
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Speaker 6: be fixed. But you see, as we were talking off
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Speaker 6: the air, when you look at commentary on social media,
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Speaker 6: there's a little group that's Potnham County Gossip the news.
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Speaker 6: It may be a conspiracy, it's something that somebody did wrong,
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Speaker 6: somebody pocketed some money. Look, it's a multi million dollar
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Speaker 6: project designed and constructed by human beings. They're not perfect.
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Speaker 6: It's going to be fixed if you want to, really,
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Speaker 6: and it's a part of the Great Roads to Prosperity
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Speaker 6: bond issue. It's actually the biggest single project financed by
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Speaker 6: the bond issue, which is now all spent and we're
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Speaker 6: draining our budget every year over one hundred million dollars
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Speaker 6: to pay interest. Last week, I wasn't here because, as
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Speaker 6: you know, my youngest child, my son George, lives in Swanao,
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Speaker 6: North Carolina, which was in the middle of the Hurricane
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Speaker 6: Helene disaster flooding had just opened. A business was put
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Speaker 6: out of business temporarily by the flooding got back on
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Speaker 6: their feet, and so I tried to get down regularly.
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Speaker 6: And the best done visits during the week because it's
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Speaker 6: a pizza parlor at a restaurant. And there, you know,
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Speaker 6: I was going down on weekends and noticed, well they
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Speaker 6: worked twelve hours a day. It goes to the restaurant
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Speaker 6: at nine o'clock in the morning to make sure the
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Speaker 6: dough's ready, cut the salads, and they start cooking, and
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Speaker 6: they open for lunch. And if they close at eight o'clock,
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Speaker 6: they're there until ten o'clock cleaning the place up. So hey,
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Speaker 6: I'm sitting there like a bump on a pickle.
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Speaker 7: Google.
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Speaker 6: So this time my middle grandson, Houston Peyton, Tom's boy
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Speaker 6: and I drove down on Wednesday and we go down
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Speaker 6: to Ashland and down Route twenty three through Kentucky. Pop
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Speaker 6: out of Kentucky at Jenkins that go over the hill
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Speaker 6: into Virginia, Wives and Norton and Big Stone Gap and
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Speaker 6: then into Tennessee. And keep in mind this is these
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Speaker 6: are all areas that have been afflicted by flooding. And
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Speaker 6: natural disasters yesterday. My wife's family's from Mountain Lookout. McClung
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Speaker 6: is their name, and her aunt, my mother in law's
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Speaker 6: older sister, Anna Rose, married a man named Ed Raleigh.
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Speaker 6: They met in DC back in the fifties and they
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Speaker 6: moved to Jackson, Kentucky, which has sort of been caught
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Speaker 6: on the fringes of the cold country.
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Speaker 7: It's just a.
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Speaker 6: Little west of Hazzard. And I had aged ninety three,
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Speaker 6: good full life, passed away Saturday, who went down yesterday
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Speaker 6: for the funeral, which took us down to Grayson and
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Speaker 6: from Grayson down through secondary roads all through eastern Now
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Speaker 6: we weren't in Nott County and we weren't in you know, hazard.
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Speaker 6: But the one thing that I noticed, and everyone noticed
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Speaker 6: the worst road, the worst road from the standpoint of potholes,
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Speaker 6: ill repair, poor drainage that I drove across on either
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Speaker 6: one of those trips was Tays Valley Road. We're out
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Speaker 6: thirty four, which is through the most one of the
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Speaker 6: few areas of prosperity and growth in the state. It
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Speaker 6: is a disgrace if you drive from Nitro to Winfield
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Speaker 6: on Route sixty two, or are from Winfield to point
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Speaker 6: closes on Route sixty two through beautiful country down to Buffalo.
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Speaker 6: It is like driving I've been on roads in Trinidad
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Speaker 6: that are better. It is an absolute utter disgrace. And
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Speaker 6: why we put up with this. I have no idea.
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Speaker 6: We have cut the income tax ranch and cut four
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Speaker 6: hundred million dollars out of the business taxes, and all
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Speaker 6: it was promised was prosperity is gonna follow. People are
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Speaker 6: gonna flock here. We're going to be who is going
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Speaker 6: to come here and drive roads that you wouldn't drive
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Speaker 6: in a third world country. I mean, that's my question.
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Speaker 6: That's my little rant for today. And I mean, I
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Speaker 6: guess if you do nowhere but drive back and forth,
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Speaker 6: you don't know. From bug Tussele to Hooterville, you don't
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Speaker 6: know because politicians are telling you that things are getting better.
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Speaker 6: Will they're not getting You don't know. From bug Tussele
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Speaker 6: to Hooterville. You don't know because politicians are telling you
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Speaker 6: that things are getting better.
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Speaker 7: Will they're not getting you.
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Speaker 5: Literally go to any other state, literally any other state
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Speaker 5: in the roads are better. I mean I've traveled this.
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Speaker 5: I've traveled with the country twice where I've droven and
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Speaker 5: touched forty eight states man.
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Speaker 4: It's roads virtually everywhere are better. It's incredible.
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Speaker 7: I will be driving in August. I will be.
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Speaker 6: Fly into a place called Goose Bay. It's a little
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Speaker 6: town of Labrador. Used to be a NATO base there.
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Speaker 6: He used to be an American base ur in the war.
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Speaker 6: And you can drive from Goose Bay to Churchill on
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Speaker 6: the coast. You can drive from Goose Bay to Churchill Falls,
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Speaker 6: to lab City, to Happy Valley. Look at this is
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Speaker 6: the place where it's brutally cold winter six full months
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Speaker 6: of the year. And never drive on a road as
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Speaker 6: bad as the one that I drove on day before
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Speaker 6: yes or yesterday to drop a dog off at the
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Speaker 6: kettle up at the scary creek end. I don't know
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Speaker 6: what you do. I don't know how you talk to people.
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Speaker 6: How do you if you're a West Virginia politician, how
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Speaker 6: do you look people in the face, Well they don't
8:15
Speaker 6: they don't go to town hall meetings. If you're a
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Speaker 6: representative in Congress or a senator in Congress, and how
8:22
Speaker 6: do you look people in the face, Well, they don't
8:24
Speaker 6: go to photo ops and prants around and talk about
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Speaker 6: a reduction in the income tax, which only benefits people
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Speaker 6: who pay a lot of income tax, right including the
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Speaker 6: people who own major land companies who live in Atlanta
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Speaker 6: or Baltimore or Philadelphia or New York and collect royalties.
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Speaker 6: We're cutting their tax. It's just incredible to me. I mean,
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Speaker 6: I'm seventy five years old, I'll be seventy six in September,
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Speaker 6: and I love this place. I lived here all my life.
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Speaker 6: But I tell you how we've gotten to this state.
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Speaker 6: On a national level, it is hard to conceive. But
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Speaker 6: on a local level, where you theoretically have contact with
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Speaker 6: your representatives, it's just incredit I mean, no wonder they
9:07
Speaker 6: don't come out from beating I'd be a shamed. And
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Speaker 6: you know, today's a national holiday, not a state holiday.
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Speaker 6: I mean, Governor Morrisey, he clearly is imitating President Trump
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Speaker 6: in this regard. Well, we're not going to do this
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Speaker 6: June tenth because it's a DEEI holiday. Well, federal level,
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Speaker 6: we have no choice. Congress actually passed an act. It's
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Speaker 6: June the nineteenth, eighteen sixty five. At least, this is
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Speaker 6: my understanding. The Civil War effectively ended when Lee surrendered
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Speaker 6: in Virginia. But Joe Johnson still had a big army
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Speaker 6: in North Carolina with Sherman chasing him down and finally
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Speaker 6: cornered him about two weeks after appematics and surrendered. Lee,
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Speaker 6: contrary to the myth, was not this benevolent person who
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Speaker 6: was going to just quit and speak for unity. He
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Speaker 6: was trying to get out of Alpa so he could
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Speaker 6: get to North Carolina to hook up with Joe Johnson
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Speaker 6: and head for the hills in North Carolina to hold
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Speaker 6: out on behalf of his slave holding supporters. But in Texas,
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Speaker 6: we didn't get into Texas till June. I mean, the
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Speaker 6: slavery was still enforced by the Confederate Army units in
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Speaker 6: Texas until the middle of June eighteen sixty five. Once
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Speaker 6: we got into Texas, tracked him down, made them surrender.
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Speaker 6: Everybody's free right. So it's Juneteenth, it's a holiday, but
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Speaker 6: you know, no good deed, doos and punish from the
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Speaker 6: county commission. Kandak County Commissions closed the courthouse. The Supreme
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Speaker 6: Court of Appeals closed the courts for today. Even though
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Speaker 6: Governor Morris refused to acknowledge that this is a national holiday.
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Speaker 6: But in Kannak County, what that means for the citizenry
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Speaker 6: who paid taxes, and let me assure you your real
10:50
Speaker 6: property taxes based upon the assessed values that run the books,
10:54
Speaker 6: are as high or higher than any surrounding county. And
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Speaker 6: you try and get it lowered, and see what sort
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Speaker 6: of friendly response you get. You have no access to
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Speaker 6: public records relative to your property, at least for four
11:08
Speaker 6: days because the courthouse is closed today, it's closed tomorrow
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Speaker 6: for West Virginia Day, the day that we celebrate separating
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Speaker 6: from the enslavers in Virginia, and then there's Saturday and Sunday.
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Speaker 6: Now oh well, so well, what it means is, for instance,
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Speaker 6: I have a client who older gentlemen but who's now
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Speaker 6: to see spouse owns some mineral interests in significant value
11:34
Speaker 6: in other counties like Doddrich Lewis. Well, you have to
11:41
Speaker 6: establish ownership of those interests to the satisfaction of production
11:44
Speaker 6: company for the person to be paid money. Well, that
11:48
Speaker 6: reaans you have to get some documents from the courthouse,
11:51
Speaker 6: which you could do online if you were in any
11:54
Speaker 6: of the any other fifty three counties in the state.
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Speaker 6: But Kennawuh County Commission in the Kanawh County clerk's office
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Speaker 6: persists in refusing to put the county's property records online.
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Speaker 7: Period.
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Speaker 6: Now you get a lot of excuses, Well, it's going
12:11
Speaker 6: to cost a lot to digitize these No, because they're
12:14
Speaker 6: already digitized. Number two, Well, we don't know why the
12:17
Speaker 6: county clerk won't do that. Well, if you're the county
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Speaker 6: commission and you control the budget, what you do is
12:21
Speaker 6: have them come over and say tell us and tell
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Speaker 6: the public why you are not letting the people in
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Speaker 6: Kanawk County enjoy the convenience and economic benefits that everybody
12:31
Speaker 6: else has.
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Speaker 7: Now, So yeah, I guess I would have to say it's.
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Speaker 6: Been a good morning. But it gave me a lot
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Speaker 6: of time to think on the road, which is probably
12:40
Speaker 6: a dangerous thing when you get to be old and
12:41
Speaker 6: all you can do is contemplate your navel or think
12:43
Speaker 6: about abstract thoughts. You come up with things like, well, why.
12:48
Speaker 7: We have a call.
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Speaker 4: We do have a call. We have a call Ralph
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Speaker 4: the bat this morning. I call her.
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Speaker 5: You're in Q.
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Speaker 4: What's your first name?
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Speaker 8: First name is Jay?
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Speaker 4: Hey, Je? How you doing this morning?
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Speaker 8: Fine? Harvey? The Kenall County Commission records offices online? Oh,
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Speaker 8: they are yep, went online last week.
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Speaker 7: Well that was good.
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Speaker 6: It was good that there was a public announcement in
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Speaker 6: that regard. Okay, didn't they say it. I didn't see it,
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Speaker 6: but I presumed that was coming because.
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Speaker 8: I've been on this thing for several years, and I
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Speaker 8: just kept on them, and they finally said, okay, we're online.
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Speaker 6: Well, yeah, I noticed that. You know they were operating
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Speaker 6: with two separate data systems.
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Speaker 2: Right.
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Speaker 6: Well, IDK is the system that most counties used. It's
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Speaker 6: not as convenient as the system that Kennawk County had
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Speaker 6: as their primary system. But I noticed when I was
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Speaker 6: in the courthouse about two weeks ago that all of
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Speaker 6: a sudden, everything was now on the IDK format.
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Speaker 8: And I assumed Compel technology id X.
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Speaker 6: Yeah, id X, And I assumed in my pea brain
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Speaker 6: that I think they're probably getting ready to put this online.
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Speaker 6: I was looking for a public announcement having seen none.
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Speaker 8: Befo, you's got it.
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Speaker 7: I did, Thank you so much.
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Speaker 6: And uh, well, I'll just go back to my office
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Speaker 6: in and do the work that I thought I could
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Speaker 6: do today we couldn't do.
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Speaker 7: Thanks, good deal.
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Speaker 8: You're gonna have to get an account. Yesterday is a holiday.
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Speaker 8: You can't get it. Tomorrow's West Virginia to day, you
14:13
Speaker 8: can't get it, so it's probably gonna be Monday.
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Speaker 6: Well, you know, I had resigned myself yesterday that I
14:18
Speaker 6: wasn't gonna be able to get this help for these
14:20
Speaker 6: folks and people who are listening to Well, this is
14:24
Speaker 6: just a small matter. You know, Jay, you're a lawyer,
14:27
Speaker 6: You're one of the pre eminent real estate appraisers, sellers,
14:32
Speaker 6: developers in the state, have been for decades. This is
14:37
Speaker 6: not a small matter. I'm glad it's now been rectified.
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Speaker 6: I appreciate your call, and I salute the County Commission
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Speaker 6: belatedly doing the right thing. But this means a lot
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Speaker 6: to people, you know, when you're.
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Speaker 8: Now down to Jackson, Webster, Braxton, Clay and there's one
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Speaker 8: other county I think that you can't get online.
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Speaker 6: Well maybe, of course, the legislature could have unified this
15:02
Speaker 6: thing years ago, right and just mandated it and funded it,
15:07
Speaker 6: which would have and mandated a uniform system, because every
15:11
Speaker 6: county is free to use their own, some of which.
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Speaker 7: Aren't very good.
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Speaker 8: Right, Yeah, they help you.
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Speaker 7: I do. Thanks a lot, Jay for the call.
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Speaker 4: I appreciate appreciate the phone call Jay, thanks a bunch
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Speaker 4: for that.
15:21
Speaker 5: Leads a fut line open for you if you'd like
15:22
Speaker 5: to call in three zero four three four five fifteen
15:23
Speaker 5: fifty eight three four five fifty to fifteenth The Power
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Speaker 5: peting on your side this morning.
15:26
Speaker 4: More information online. Pete them all from dot com.
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Speaker 6: Question answered that was a public announcement, would have been
15:31
Speaker 6: nice or something that we would have known about.
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Speaker 4: But they should have made you to the spokesperson of it.
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Speaker 7: Or anything. And it's been like.
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Speaker 5: We've talked about you so and you're right, it's been
15:42
Speaker 5: there's a lot of counties twenty years that.
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Speaker 6: Have been no excuse for this, none whatsoever. Just about
15:48
Speaker 6: a mealy mouthing. I don't know what the problem was,
15:50
Speaker 6: but I'm glad it's done. Kudos to the County Commission.
15:53
Speaker 6: Now you pay for it, right, it's not a big
15:55
Speaker 6: expense to the County Commission. You go online, you get
15:58
Speaker 6: an account, oh you make it, you get my credit card,
16:01
Speaker 6: you get access to the database, and then if you
16:04
Speaker 6: want copies of documents, you pay for those separately. But
16:09
Speaker 6: that's way more that's generally absorbed in the overhead of
16:12
Speaker 6: our office when we're looking for But it will be
16:16
Speaker 6: a big help to people in Kanawa County to have
16:19
Speaker 6: these online. I'm glad they are. Thank you commissioners for
16:22
Speaker 6: doing that. I don't take back what I said earlier,
16:25
Speaker 6: because I don't think there was any excuse for not
16:28
Speaker 6: doing it sooner. But it's there now and so we're
16:33
Speaker 6: in good shape. There was a big case yesterday in
16:36
Speaker 6: the United States Supreme Court. Scarmetty forever be named. Mister
16:41
Speaker 6: Scarmetty is the Attorney General of Arkansas. And like the
16:46
Speaker 6: name Brown versus the Board of Education, I fell out
16:50
Speaker 6: in Kansas whose last name was Brown, it's been mister
16:53
Speaker 6: Scarmetty is now well that this will be known for
16:55
Speaker 6: the folks who don't know. Yesterday and you went to
17:00
Speaker 6: the United States Supreme Court, it was argued. This case
17:03
Speaker 6: was argued back in the winter the state of Arkansas.
17:08
Speaker 6: The legislature in Arkansas enacted a statute similar to what
17:12
Speaker 6: was enacted recently in West Virginia, which restricted the availability
17:17
Speaker 6: of certain medical treatments hormone suppression, surgical intervention, and certain
17:27
Speaker 6: drug treatments for transgender youth. The parents of a transgender
17:38
Speaker 6: child in Arkansas ensued the state, saying that this was
17:42
Speaker 6: a anialogical protection because it was sex discription discrimination and
17:51
Speaker 6: therefore the state was denied denying due process to their
17:55
Speaker 6: child and the statute should be voided as unconstitutioned. Well,
18:01
Speaker 6: you know, when the case was argued, there's been a
18:04
Speaker 6: lot of debate among legal circles. The American Civil Liberties
18:08
Speaker 6: Union took the lead in this and on the behalf
18:13
Speaker 6: of the plaintiff, and they were supported significantly by the
18:19
Speaker 6: Biden administration, not necessarily without some hesitation. Merrick Garland did
18:25
Speaker 6: not want to sign off initially on participation in this suit.
18:28
Speaker 6: He thought it was a loser and was going to
18:30
Speaker 6: do more harm than good. But you know, confidence was
18:33
Speaker 6: built because there have been some wins by the ACLU
18:36
Speaker 6: lately in the Supreme Court, and yesterday the Court in
18:39
Speaker 6: a six to three decision, which means, you know, the
18:44
Speaker 6: those who are considered the more conservative members of the
18:46
Speaker 6: Court were in the majority and those who are considered
18:50
Speaker 6: you know, Planet Kagan's on the Soda may Or Katanzie
18:55
Speaker 6: Brown Jackson were in the minority. Said well, no, this
19:02
Speaker 6: does not violate the due process clause the United States Constitution,
19:06
Speaker 6: and it is a state action that is that assailable
19:11
Speaker 6: in the courts, at least at the level it is now.
19:14
Speaker 6: And I read part of the opinion. You can read
19:17
Speaker 6: the initial that when a Supreme Court publishes an opinion,
19:20
Speaker 6: the first part of that opinion is like their digest
19:24
Speaker 6: of what the issue was, what.
19:26
Speaker 7: The ruling was, and.
19:27
Speaker 6: Just a sort of a syllabus of you know, here's
19:30
Speaker 6: what we base this one. It's a narrow and a
19:37
Speaker 6: conservative ruling. But while some may disagree with it on
19:44
Speaker 6: a policy basis, it's.
19:46
Speaker 7: Not a ruling that I think that one.
19:48
Speaker 6: Could call radical or extreme on a legal basis. The
19:53
Speaker 6: question was what standard do you apply? Now, this is
19:56
Speaker 6: kind of in the weeds, but this wasn't simply sex
20:01
Speaker 6: versus gender knee jerk case by six radical Supreme Court justices.
20:06
Speaker 6: It was an analysis of what standard do you apply
20:10
Speaker 6: in determining the constitutionality of the state action of Arkansas?
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Speaker 7: Is it strict scrutiny? Well, no, it's not.
20:17
Speaker 6: That's the highest level of scrutiny when the state takes
20:20
Speaker 6: accident directly affects one of the fundamental rights undeniably, if
20:26
Speaker 6: you have a statute that says black children can't go
20:28
Speaker 6: to school with white children, if you have a statute
20:30
Speaker 6: that says Asians can't buy a car whatever. That clearly
20:35
Speaker 6: is strict scrutiny. It's a sale, it's an assault on
20:39
Speaker 6: a fundamental right. Then at the lowest level, you say, well,
20:45
Speaker 6: is this a reasonable basis test? It doesn't involve necessarily
20:52
Speaker 6: an arbitrary definition of based upon the fundamental right or
20:57
Speaker 6: identity of the person affected. It is essentially neutral in
21:04
Speaker 6: its application. Then it's reasonable basis. Is there any set
21:08
Speaker 6: of facts that one can reasonably assume to be true
21:10
Speaker 6: that would justify this action by the legislature. That is
21:13
Speaker 6: the standard of Supreme Court applied, the standard that the
21:18
Speaker 6: proponents are, the opponents of the law wanted to have applied.
21:21
Speaker 6: It's called heightened scrutiny, which is something less than strict.
21:24
Speaker 6: But it's like, okay, regardless of what it says and
21:29
Speaker 6: the recitations and the statute, no matter what the factual
21:32
Speaker 6: predator for this is, in the eyes of the legislature,
21:35
Speaker 6: this is just discrimination on the basis of sex, which
21:40
Speaker 6: is prohibited by better law. And the Court said, well, no,
21:47
Speaker 6: it's hard to read. It doesn't say male or female,
22:00
Speaker 6: transgender matter minors. It says minors. It applies to universally
22:07
Speaker 6: to whatever sex is. Of all, they just did not
22:10
Speaker 6: use the word gender. That's the question, is or sex
22:13
Speaker 6: and gender equivalent of The Supreme Court has just said no,
22:18
Speaker 6: the state has a right to determine what medical treatments
22:24
Speaker 6: may or may not be appropriate for minor children. Now,
22:30
Speaker 6: you can like that or not. But if you believe
22:34
Speaker 6: that the state has the ability to, universally and in
22:37
Speaker 6: a non discriminatory manner, require minor children to be vaccinated
22:41
Speaker 6: against certain diseases to go to school, it's hard to
22:43
Speaker 6: argue that they don't have the authority to limit some
22:46
Speaker 6: medical treatments which, as research grows, are shown to be
22:51
Speaker 6: perhaps less and less appropriate. It may indeed be a
22:55
Speaker 6: reflection on the American way of delivering healthcare as much
22:59
Speaker 6: as anything else. You know, in the idea that gender
23:04
Speaker 6: dysphor you or that is the inability of a child
23:07
Speaker 6: to to live within the body that they're given. They
23:11
Speaker 6: have a whether it's a genetic or you know, just
23:17
Speaker 6: an inability to accept a maleness or a femaleness. Because
23:23
Speaker 6: I have a penis, but I want to wear a dress.
23:25
Speaker 6: That's just you know, that's nobody wants to do that
23:28
Speaker 6: voluntarily and subject themselves to being ridiculed and beaten and
23:31
Speaker 6: discriminated against.
23:32
Speaker 7: I mean, it's a it is a.
23:33
Speaker 5: Fact, and almost by definition you and I can't understand
23:36
Speaker 5: that compulsion.
23:37
Speaker 6: Well, that's one of the that's one of the basis.
23:40
Speaker 6: The New York Times has a wonderful long article to
23:42
Speaker 6: day by a guy who studied this for several years. Well,
23:45
Speaker 6: first of all, nobody understands this except the people that
23:48
Speaker 6: are dealing with closely.
23:49
Speaker 4: How could you?
23:49
Speaker 6: And so it's easy to be distracted by extreme examples
23:54
Speaker 6: on one side or the other. You can talk about
23:55
Speaker 6: boys and girls bathrooms, you can talk about suicide prevalence
24:00
Speaker 6: among transgenders on it, and those are the two opposing points.
24:04
Speaker 6: But I mean treatment for this gender dysphoria sort of
24:09
Speaker 6: bubbled up and originated in Europe, in the Scandinavian countries,
24:13
Speaker 6: where they have a much more open discussion about sex
24:16
Speaker 6: and gender, but and migrated to the United States. Were
24:21
Speaker 6: there any number of clinics that specialize in in gender issues,
24:30
Speaker 6: Well in Europe over the last half decade, perhaps there's
24:36
Speaker 6: just started to perculate to the top of wait a minute,
24:39
Speaker 6: you know, we're looking at this again. And we're not
24:44
Speaker 6: seeing the results that we thought we would see from
24:48
Speaker 6: this sort of treatment, and we're seeing some negatives here.
24:50
Speaker 6: Maybe we need to tap the brakes on this. And
24:53
Speaker 6: then a lady in the United Kingdom I read her
24:57
Speaker 6: study last year, said well, you know, if we look
24:59
Speaker 6: at this, even the way these programs are administered in
25:04
Speaker 6: Europe may.
25:05
Speaker 7: Not be.
25:08
Speaker 6: Yeah, the be all that we thought they were well
25:11
Speaker 6: in Europe a course, in order to implement a program
25:17
Speaker 6: of transgender treatment for dysphoria in the country's overseas. Of course,
25:24
Speaker 6: they have utiful almost universal health care, there's always an
25:29
Speaker 6: extended period of conservative therapy, conservative treatment mandatory before further
25:36
Speaker 6: steps like medication or surgical intervention. That's not the case
25:42
Speaker 6: in the United States. In fact, one of the really
25:45
Speaker 6: smug physicians that was interviewed, so, well, I don't send
25:51
Speaker 6: a diabetic to counseling. Well, okay, but we're not talking
25:55
Speaker 6: about diabetes. That may be your smug, smartelic answer, but
25:59
Speaker 6: we're talking about it. This A few people understand.
26:01
Speaker 5: Diabetes isn't a spectrum either. There's a diagnosis for for
26:04
Speaker 5: diabetes that you know, if somebody has diabetes or not well.
26:07
Speaker 6: And why why would why would the treatment be more expedited.
26:12
Speaker 6: It's expedited more frequently in the United States. And one
26:17
Speaker 6: of the best ever I was in. I was in
26:20
Speaker 6: Canada and one of the companions there at the salmon
26:26
Speaker 6: fishing camps is a vascular surgeon at Dalhousie University in Halifax,
26:31
Speaker 6: and she was being dogged by another one of the
26:34
Speaker 6: Americans there, but well, you don't do this, you don't
26:37
Speaker 6: do that. I'll tell you one thing we do in Canada.
26:40
Speaker 6: We diagnose, we trioage based on need and not based
26:44
Speaker 6: on your pocket book. Well, at end of that conversation,
26:48
Speaker 6: and I just think of the background of this. There's
26:52
Speaker 6: this vested community of treatment professionals and make a lot
26:58
Speaker 6: of money doing this right, and so the incentive to
27:01
Speaker 6: really challenge.
27:03
Speaker 7: Or question this.
27:05
Speaker 6: That's a policy decision Supreme Court has no business getting
27:07
Speaker 6: involved in. But it may be that the tip of
27:12
Speaker 6: that policy iceberg, when it comes to legislative process by
27:17
Speaker 6: a state, is something that we have to deal with
27:21
Speaker 6: because there it is now that what this means is
27:24
Speaker 6: that probably that the statute passed in West Virginia passes
27:27
Speaker 6: constitutional muster there. I think twenty three other states it's
27:32
Speaker 6: pretty shocking. Graphically, not shocking, it's revealing that if you
27:37
Speaker 6: take the states who have imposed more restrictions on abortion
27:45
Speaker 6: since Roe v. Wade was set aside and interposed that
27:52
Speaker 6: a group of states over those who have now enacted
27:55
Speaker 6: what help here to be constitutional restrictions upon providing my
28:00
Speaker 6: with transcender care, they match up almost perfectly. It's almost
28:03
Speaker 6: like they have two countries. But is I mean, is
28:07
Speaker 6: there anything wrong with that? I mean states or states.
28:10
Speaker 6: People are different from state to state, overriding a concept
28:14
Speaker 6: of the United States of Americas that we have, not
28:17
Speaker 6: that everybody's supposed to be alike, not that every state
28:20
Speaker 6: has to feel the same as every other state. It's
28:22
Speaker 6: that we have to as a country embrace this. You know,
28:25
Speaker 6: we the people in the United States, to form a
28:27
Speaker 6: more perfect union, promote the general welfare, common defense. I mean,
28:33
Speaker 6: that's when we're about being a shining city on a
28:36
Speaker 6: hill to the whole world.
28:37
Speaker 5: I guess what you don't want is the federal government
28:39
Speaker 5: picking your winners and losers among those states. That's let
28:41
Speaker 5: them do whatever they state's rights, but let them have
28:43
Speaker 5: states rights.
28:45
Speaker 6: And so far and so long as they do not
28:47
Speaker 6: and friends upon the fundamental rights guaranteed by the constitutions
28:52
Speaker 6: of the United States. I mean, the rights exist as
28:54
Speaker 6: natural rights. The state cannot impair those, and that's the
28:58
Speaker 6: division of Supreme Court ol. Having said that, and having
29:01
Speaker 6: been proven wrong about my statement about the Knawk County record,
29:06
Speaker 6: we will take a break.
29:07
Speaker 5: Let's take a break. If you want to put the
29:09
Speaker 5: power patent on your side, you can do that. Give
29:10
Speaker 5: us a call. Threes er A four three four five
29:11
Speaker 5: fifteen to fifty eight three four five fifty eight fifty eight.
29:13
Speaker 5: You can text up your question, says well, I've better
29:15
Speaker 5: check the text line. We've been getting a lot of
29:16
Speaker 5: those recently. Have a checked this morning, yet, threes are
29:18
Speaker 5: A four nine three five five zero zero eight. Threes
29:20
Speaker 5: are A four nine through five five zero zero eight.
29:22
Speaker 5: We'll ahead and take a break. We'll be backward after this.
29:24
Speaker 5: You're listening to ask the lawyer with Harvey Paton from
29:26
Speaker 5: the Paton Law Firm on five to eighty WCHS.
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Speaker 5: You have the three zero, four non three five five
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Speaker 5: zeros of your eight Peyton Law Firm located in Nitro, West Virginia,
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Speaker 5: and you can get a hold of the Peyton Law Firm.
31:13
Speaker 5: Of course we'll give you all the details where we
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Speaker 5: get outre. I don't want confuse the phone numbers. We
31:16
Speaker 5: can call us this morning. Threes are four, three, four five,
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Speaker 5: fifteen fifty. You can also text threes are four non
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31:21
Speaker 6: You eight, Well, I'll see where the uh, the long
31:25
Speaker 6: arm of what does ICE stand for? Immigration something enforcement?
31:30
Speaker 6: And Immigration and customs enforcement stretched into Cabull County last
31:35
Speaker 6: week to the Taste of Asia, which actually had did
31:38
Speaker 6: have a a restaurant in South Charles and they still
31:42
Speaker 6: have a quite nice place down in Tays Valley, and
31:45
Speaker 6: I think I guess had one on Third Avenue down
31:47
Speaker 6: in Huntington with barely the We found that there are
31:53
Speaker 6: people who are considered to be dangerous and violent criminals.
31:57
Speaker 6: I mean, that's that's just the mantra of the administration.
32:01
Speaker 6: We got to get these dangerous and violent people off
32:03
Speaker 6: the street. So you go arrest a couple of cooks
32:06
Speaker 6: and dishwashers and bus boys who have no criminal record,
32:11
Speaker 6: who barely slipped across the border somehow, and you've been nothing,
32:15
Speaker 6: doing nothing but working, and maybe it may may have
32:17
Speaker 6: had actually work permits. ICE is now picking up people
32:20
Speaker 6: who have actually had work permits, because you can, if
32:22
Speaker 6: you're here for a while, if you're making an application
32:25
Speaker 6: for asylum, get a work permit, get so security number,
32:28
Speaker 6: you pay taxes. So that restaurant closed. Now that makes
32:33
Speaker 6: me feel a lot safer, right, don't you.
32:35
Speaker 7: Yeah?
32:36
Speaker 4: Yeah, going to my.
32:39
Speaker 5: Mexican restaurant that I frequent a couple of weeks ago
32:41
Speaker 5: and having my food served to me by a family
32:44
Speaker 5: of Asian folks who I guess we're doing a favor
32:47
Speaker 5: for the family who got a lot of people picked
32:49
Speaker 5: up just to keep their doors open, you know, I mean,
32:52
Speaker 5: I guess that if that's what you want to wear.
32:55
Speaker 6: This all it lays the defeat of Congress, you know,
32:58
Speaker 6: the whether you care for President Trump personally, and I don't.
33:07
Speaker 6: I didn't before he was president. There's a despicable huckster,
33:10
Speaker 6: and I still do. But the fact is that the
33:16
Speaker 6: executive authority of the United States has a right under
33:20
Speaker 6: the law to enforce immigration laws and to remove people
33:24
Speaker 6: from the country who are not lawfully here. Now what
33:28
Speaker 6: does that mean. I mean the vision that people have
33:30
Speaker 6: is of legions of folks coming across the border with
33:34
Speaker 6: drugs on their backs or human trafficking.
33:36
Speaker 7: With the fact.
33:39
Speaker 6: If Congress would own up to it, the figures that
33:43
Speaker 6: I have seen from several places neither left nor right,
33:47
Speaker 6: is that about forty percent of the estimated twelve to
33:52
Speaker 6: fifteen million people who are in the United States without
33:57
Speaker 6: proper documentation came here on visitors.
34:00
Speaker 7: Visas and overstayed.
34:02
Speaker 6: I mean, I can go to Canada across the border
34:07
Speaker 6: without a visa. It's my passports stamped and stamped the
34:11
Speaker 6: date of entry. I need to be out of the
34:13
Speaker 6: country six months from that date. If I overstay it,
34:18
Speaker 6: I'm unlawful. And that's not a crime. That's the civiling fraction, right,
34:21
Speaker 6: it's a civil infraction. If you overstay a visitors visa,
34:27
Speaker 6: you can be well, you can be ejected from the
34:30
Speaker 6: country and there's no re entry. You can be fine,
34:33
Speaker 6: and you can't get back in the country for a
34:34
Speaker 6: period of time. First time around, it's about a year.
34:37
Speaker 6: Second time around, I think it's three years. And yeah,
34:41
Speaker 6: we just need more full discussion and then Congress needs
34:43
Speaker 6: to step in and get something straightened out to give
34:47
Speaker 6: the people to deserve to be here and work hard
34:49
Speaker 6: and are honest people and not criminals, a legal way
34:52
Speaker 6: to be here, just like Ronald Reagan did back in
34:55
Speaker 6: the nineteen eighties, and just like the Biden administration tried
35:00
Speaker 6: to do two years ago but they were stymied by
35:04
Speaker 6: President Trump, and just like they tried to do when
35:08
Speaker 6: McLean McCain was still alive. We just need to get
35:12
Speaker 6: it done. And this is not going to be productive.
35:14
Speaker 7: Now.
35:14
Speaker 6: We only got a minute left, or less than a minute,
35:16
Speaker 6: so let's talk. The Peyton Law Firm primarily help people
35:21
Speaker 6: who have been injured, either physically or financially by the
35:23
Speaker 6: negligence or wrongdoing of another. We've been in business over
35:27
Speaker 6: fifty years, with combined experience in this area of about
35:31
Speaker 6: almost eighty years between myself and my son, and you know,
35:35
Speaker 6: we have an office in Nitro. It's a welcoming place.
35:39
Speaker 6: You can sit down and talk to your lawyer. You
35:40
Speaker 6: don't have to deal with us online or over the
35:44
Speaker 6: know through your cell phone if you want to go online.
35:46
Speaker 6: The Peyton Law Firm dot com. You can send us
35:48
Speaker 6: an inquiry. We'll get right back with you a call.
35:50
Speaker 6: We'll talk to you for there. If not, We've try
35:52
Speaker 6: to return every call every day. Peyton Law Firm, take care,
35:56
Speaker 6: See you next week.
35:57
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35:59
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36:01
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36:03
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36:13
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