Latest / WCHS Network Podcasts / 06/26/2025 Ask the Lawyer with Harvey Peyton

Transcript

06/26/2025 Ask the Lawyer with Harvey Peyton · WCHS Network Podcasts

• 0:00
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  Speaker 3: court room experience.
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  Speaker 2: On such a need.
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  Speaker 4: This morning three zero four three four five fifty eight
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  Speaker 4: fifty eight three zero four, three four five fifty eight
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  Speaker 4: fifty eight. That uh singing that you heard in the
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  Speaker 4: background is one Harvey Payton, who's in studio with us
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  Speaker 4: this morning.
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  Speaker 2: Harvey, good morning, how you doing this?
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  Speaker 5: Well? It wasn't Frank's enough. I don't know about that,
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  Speaker 5: but it's five. You know the there's been some construction
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  Speaker 5: on I sixty four between the Institute and Dunbar interchanges.
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  Speaker 5: They're working on a bridge, yeah in there, uh, and
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  Speaker 5: it just takes time. You know, there's a lane shift,
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  Speaker 5: and it's tough. You know, you're starting down the hill
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  Speaker 5: there at Institute and traffic's going back. I would just
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  Speaker 5: I don't think it's an inordinate delay, but you know,
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  Speaker 5: I sort of look forward to that because the last
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  Speaker 5: three weeks here in a rush. Now you're on the
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  Speaker 5: interstate and people are bumping around and they're speeding, and
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  Speaker 5: everybody's looking at the jockey for position on the lane chain.
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  Speaker 5: So just get off at Institute, drive up fair Lawn Avenue.
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  Speaker 5: Last week I came up through Dogtown and you know,
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  Speaker 5: Patrick Street, hit the boulevard, gives you time to just decompress,
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  Speaker 5: look around and look at the parts of this from
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  Speaker 5: west to the central part of Kanawa County you just
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  Speaker 5: don't see before us. This morning, I thought, well, let's
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  Speaker 5: I'll try the other way. Let's go across the Dunbar
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  Speaker 5: toll bridge and pop out on sixty and you know,
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  Speaker 5: just see how crowded it's going to be. Chick filated there,
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  Speaker 5: and you know, drive up the boulevard. A nice spring
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  Speaker 5: day it's enjoyable to slow down a little bit. We
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  Speaker 5: sometimes move too fast, and of course it helps because
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  Speaker 5: this is this is the coolest time of the day.
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  Speaker 5: The heat's been pretty insufferable. Listening to the radio gives
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  Speaker 5: a good chance to listen to this station on the
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  Speaker 5: way up to hear what's on the news. There was
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  Speaker 5: one interesting I'm about the airport. You know, I I've
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  Speaker 5: never been shy being grown up in Saint Albans and
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  Speaker 5: practiced and really made my career in Putnam County about
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  Speaker 5: criticism of the current airport because we lost an opportunity
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  Speaker 5: in the sixties to have you know, seven thousand foot
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  Speaker 5: runway at a central location. And you know that's my
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  Speaker 5: personal feeling. We missed the boat. But we have what
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  Speaker 5: we have. We have what we have and that is
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  Speaker 5: is it called Charleston International Yeager Airport some agglomeration. Well,
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  Speaker 5: for almost thirty five years, Ed Hill has been active
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  Speaker 5: on the airport authority. Ed's a lawyer with Hill, Peterson, Carper,
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  Speaker 5: Dietzler and b Right. And you know, I don't agree
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  Speaker 5: with the the airport where it is was the best
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  Speaker 5: choice to make. But Ed Hill has just been a
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  Speaker 5: dedicated public servant and has done the very very best
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  Speaker 5: he can with that airport, trying to move it forward,
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  Speaker 5: to keep up, just to keep from becoming a complete
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  Speaker 5: backwater with a little tiny regional air service. Ed Soffer
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  Speaker 5: the loss fore years and his wife Nancy, a delightful
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  Speaker 5: person who was Kent Carper's sister, really nice person and
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  Speaker 5: a lawyer, and she passed away early. And of course
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  Speaker 5: Ed was on the board with Alan Tuckett, who was
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  Speaker 5: also left the board that was the announced one that
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  Speaker 5: been after thirty five years. Ed's just stepping aside the
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  Speaker 5: count of commissions, naming other people and newer blood to
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  Speaker 5: the airport Authority, and Alan Tackett left the authority. People
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  Speaker 5: may remember General Tackett was the head of the guard
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  Speaker 5: here and the vet from up Cabin Creek. Really one
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  Speaker 5: of those people who is a citizen. He's not a politician,
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  Speaker 5: not a public figures as much as he is just
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  Speaker 5: a solid citizen. And those are the people who really
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  Speaker 5: make things happen and make things great. I wish General
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  Speaker 5: tack at all the best in the world and his
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  Speaker 5: endeavors after the Airport Authority had great experience this week
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  Speaker 5: with public service, often you lose sight of that, I
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  Speaker 5: had to did not have to, but I'm going to
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  Speaker 5: Canada on a fishing trip in August. Had to look
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  Speaker 5: at my passport and inexpires in November. Well, most countries
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  Speaker 5: have have what's called a six month rule for entry.
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  Speaker 5: If you enter another country with whom we do not.
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  Speaker 5: We have an arrangement for visitors visas. You know, you
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  Speaker 5: can enter the country and you can stay as much
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  Speaker 5: as six months lawfully. Now if you don't, that's when
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  Speaker 5: your quote visitors visa expires. If you don't leave, then
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  Speaker 5: you're an unlawful alien resident. Well, I have no idea.
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  Speaker 5: I'm certainly not going to be there that I'll I'll
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  Speaker 5: be in Canada for maybe two weeks total up and back.
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  Speaker 5: But with Canada, the rule of the six month rules
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  Speaker 5: has just generally been ignoledged and never applies. If you've
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  Speaker 5: got a US passport that expires tomorrow, you can go
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  Speaker 5: across the bridge at Detroit, or you can go up
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  Speaker 5: through Thousand Islands, or you can clear customs at any
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  Speaker 5: airport like Toronto or Montreal, and no problem. I got
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  Speaker 5: to say, well, you know that is sort of an
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  Speaker 5: unwritten rule, But do you think that might have changed,
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  Speaker 5: and it only has to change in one mind, because
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  Speaker 5: as you walk up to that little cubicle in the
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  Speaker 5: airport and you hold out your little passport and the
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  Speaker 5: photo you take at the kiosk when you get off
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  Speaker 5: the plane, it's up to that office, to that immigration officer,
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  Speaker 5: to whether you know, once you step across that line,
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  Speaker 5: you're in the other country. While you're still on the
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  Speaker 5: inby side of that line, they just said, put them
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  Speaker 5: back on a plane, send them home. You really have
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  Speaker 5: no right of entry. And I think, well, what if
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  Speaker 5: I just run into some guy who's really mad at
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  Speaker 5: us about this fifty first state business and just says, hey,
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  Speaker 5: this passport expires less than six months, we can't let
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  Speaker 5: you in. I mean, that's all it takes. And you're
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  Speaker 5: there's no appeal from that. You're just to gone gosling.
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  Speaker 5: So well, I alread knew it, but I'm a little
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  Speaker 5: bit worried about the time because I'm going to travel
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  Speaker 5: in August. I didn't really think about this. So to
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  Speaker 5: the Hurricane Post Office. They're listed online as one of
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  Speaker 5: the places they actually have a little passport office there.
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  Speaker 5: And I'll tell you, I have you talk about the
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  Speaker 5: very best customer service. There's a lady who works at
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  Speaker 5: the counter. She was by herself there working the counter,
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  Speaker 5: and the passport office is off to the right. And
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  Speaker 5: I stood there while the folks were doing their mail
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  Speaker 5: all time. See I'm talking about I passed, Oh really,
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  Speaker 5: when are you traveling? I said, well, you know, I
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  Speaker 5: need to make an appointment. It says, oh, no, no,
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  Speaker 5: you don't need an appointment. I'll take care of you
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  Speaker 5: right now. Gave me the application, said fill this out.
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  Speaker 5: Is it a new renewal or anew and I said,
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  Speaker 5: it's a renewal. Do you have your old passports? I've
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  Speaker 5: got it here. Put all the information here back to her,
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  Speaker 5: looked it over, made a little card, made a mistake,
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  Speaker 5: said I step in this room. There's the picture. He said.
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  Speaker 5: If you have a debit card, we can just do
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  Speaker 5: a money order and I'll mail this in for you
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  Speaker 5: right now, and you should have this passport in three weeks.
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  Speaker 2: Nice.
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  Speaker 5: Yeah, like then, just so you know, not self aggrandizing,
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  Speaker 5: just a person who was really doing their job efficiently
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  Speaker 5: and accommodating a public need. And then you know, last
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  Speaker 5: week Jake Goldman called the show to tell me that
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  Speaker 5: we were talking about canaw County records being online. Of course,
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  Speaker 5: that was Juneteenth was last Thursday, and West Virginia Day
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  Speaker 5: was Friday, and so I did what Jay recommended. I
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  Speaker 5: called the Canall County Record Room Monday. Now let me
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  Speaker 5: say this, I have complained for like five years because
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  Speaker 5: canawh County's records are not online. But that's not a
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  Speaker 5: decision that was made in the record room. Those are
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  Speaker 5: the nicest, most helpful people in the world down there.
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  Speaker 5: You go into the recording window, or we get a
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  Speaker 5: birth certificate or death certificate, or go across the hall
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  Speaker 5: and need some help looking up something to get a copy.
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  Speaker 5: I mean, I see those folks in there working all
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  Speaker 5: the time. People just want not lawyers. They wander in
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  Speaker 5: and they're looking for a record, and they're polite and
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  Speaker 5: so you know they've got caller ID. So when the
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  Speaker 5: fellow picked up the phone, he knows who he's talking to,
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  Speaker 5: and he said, oh, yeah, you guys have an account.
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  Speaker 5: Let me give you this. It just really efficient and
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  Speaker 5: polite and gave me. There's a website. I think it's
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  Speaker 5: KENADWV dot compilled hyphen Technologies dot com. And when you
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  Speaker 5: push that once you've got an account. You just get
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  Speaker 5: a It's pretty slick. I mean, it's the same system
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  Speaker 5: that's used in uh most other counties. Now a lot
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  Speaker 5: of other counties do not require you to have a
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  Speaker 5: quote an account too that you don't have. You don't
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  Speaker 5: have to pay to use the system like Rown County.
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  Speaker 5: You just go online. I had to look at something
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  Speaker 5: yesterday about some mineral interest. But you know, when public
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  Speaker 5: servants perform and they get so much criticism, that's a
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  Speaker 5: government job. That's folks are efficient, they care about their jobs.
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  Speaker 5: They've most of them have been doing it for a
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  Speaker 5: long time. So shout out in kudos to I don't
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  Speaker 5: know the lady's name, but whoever runs the Hurricane post office.
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  Speaker 5: I want to go out there and uh they were
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  Speaker 5: put a little gold star by her name and the
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  Speaker 5: Lamb's Book of Life in the same way with the
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  Speaker 5: fellows at their record room this morning.
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  Speaker 4: The last time I got my passport renewed, I went
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  Speaker 4: to a small post office as well and had a
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  Speaker 4: very similar experience. It was like I felt like I
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  Speaker 4: was stumbled across a secret you know. It was like this,
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  Speaker 4: this was like way easier than I expected to basically
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  Speaker 4: in and out and it was. It was really easy.
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  Speaker 5: I was expecting some swear Buckra said, well, we need traveling.
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  Speaker 5: I said, well, I told her generally want to say, oh,
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  Speaker 5: where are you going? Do you travel off? I said, well,
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  Speaker 5: look here's the old passport. It's got some visa stamps
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  Speaker 5: on it. Well, you'll get that back. They send your
• 10:53
  Speaker 5: old one back. It's canceled. But because you know, you
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  Speaker 5: want to sort of like a momentum of your trips,
• 10:59
  Speaker 5: because when you go, you know, the most countries you enter.
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  Speaker 5: Canada does it sometimes sometimes they don't. They just put
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  Speaker 5: a visa stamp on there to tell you, yeah, that
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  Speaker 5: shows your data of entry in the countries. I've got
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  Speaker 5: them from places in Europe and South America, and just
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  Speaker 5: I want to keep it so it should come back
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  Speaker 5: in the mail all in about three weeks with the info.
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  Speaker 4: I don't want to derail your conversation. But I heard
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  Speaker 4: something last night that I thought was kind of interesting.
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  Speaker 4: You brought up passports today, so I thought maybe i'd
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  Speaker 4: ask you. I was reading where I think the British
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  Speaker 4: Embassy or the US Embassy in the UK was advising
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  Speaker 4: those applying for visitors visas from the UK that are
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  Speaker 4: coming to the United States, one of the first steps
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  Speaker 4: they needed to do was make all of their social
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  Speaker 4: media public. They couldn't have private social media anymore because
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  Speaker 4: those things were going to be checked before they were granted.
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  Speaker 4: Their visitors of visa never heard anything like that before.
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  Speaker 4: And it just makes me wonder, you're leaving the country
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  Speaker 4: and coming back. What is the I mean, I'm not
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  Speaker 4: saying that's capricious on the United States point.
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  Speaker 2: I I don't know how that works.
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  Speaker 4: But is there a h Is there a mechanism where
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  Speaker 4: a citizen could be required to surrender their social media's
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  Speaker 4: before re entry into the country.
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  Speaker 5: Well, whether that could lawfully be done or not, I
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  Speaker 5: don't know. I don't know the answer to that because
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  Speaker 5: I haven't been asked to look at it, but certainly,
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  Speaker 5: I mean, a lot of power is vested in the
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  Speaker 5: hands of that person you hand your passport too when
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  Speaker 5: you come back to the border, and all I've ever
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  Speaker 5: heard is welcome, ang, good to have you back. But
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  Speaker 5: it could also be just sit in that room, uh,
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  Speaker 5: and that person has I mean, you have not entered
• 12:38
  Speaker 5: the country until you clear that agent. I mean, you're
• 12:42
  Speaker 5: you're in the United States, right, you flew into Kennedy,
• 12:45
  Speaker 5: so you're out on Long Island, or you flew into Atlanta,
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  Speaker 5: so there you are. The question. You're physically here, but
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  Speaker 5: legally you are not a person within the United States
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  Speaker 5: until you cross that line. That's one of the things
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  Speaker 5: that the border. You know, people who are apprehended within
• 13:05
  Speaker 5: there used to be seven hundred and fifty feet. I
• 13:07
  Speaker 5: think now they have a different sort of enforcement zone.
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  Speaker 5: We just take them the border thrown back across. I mean,
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  Speaker 5: that's it. You're not entitled entry. And if the agent
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  Speaker 5: says no to me, it's frightening. It's upsetting to hear
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  Speaker 5: things like all your social media posts. I mean, that's
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  Speaker 5: off comes awfully close to thought control or sort of regimentation.
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  Speaker 5: But these are folks who are non citizens, and certainly,
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  Speaker 5: I mean an argument could be made given the current
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  Speaker 5: circumstances in the Middle East and in Eastern Europe and
• 13:44
  Speaker 5: somewhat in Southeast Asia. The Philippines are rife with you know,
• 13:48
  Speaker 5: with the disputes regard mostly religious disputes. Does the State
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  Speaker 5: Department have a right to screen the musings of folks
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  Speaker 5: who enter the country, Well, probably they don't have the
• 14:05
  Speaker 5: right to stop American citizens on the streets, or people
• 14:08
  Speaker 5: who have already in the country and say give me
• 14:10
  Speaker 5: your phone without probable cause. But perhaps some degree of
• 14:15
  Speaker 5: that enforcement is better than having a person enter the country,
• 14:22
  Speaker 5: rent a car and drive ninety miles an ira through
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  Speaker 5: a parade route and kill fifteen people, women and children,
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  Speaker 5: and then you find out on their social media posts
• 14:32
  Speaker 5: that they've been radicalized a year before, and there was
• 14:35
  Speaker 5: banner about that. So, I mean, it's a balancing test.
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  Speaker 5: I'm sure there are legitimate, valid reasons to scan folks
• 14:45
  Speaker 5: more carefully as they come into this country. What happens
• 14:48
  Speaker 5: to American citizens is a different story. Because you're an American,
• 14:51
  Speaker 5: I mean you are, regardless of crossing that bar, you're
• 14:55
  Speaker 5: still an American citizen. You have a right to do
• 14:57
  Speaker 5: process based upon some denial, which segues a little bit
• 15:04
  Speaker 5: into one of the things I wanted to talk about
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  Speaker 5: this morning. You know, the first Amendment to the Constitution
• 15:11
  Speaker 5: of the United States is the first Amendment because it's
• 15:14
  Speaker 5: important now. They're not ranked. Most legal scholars say, well,
• 15:19
  Speaker 5: they're not ranked ordinarly. You know, these are cardinal numberings
• 15:23
  Speaker 5: which just designate one, two, three, four, not first, second, third, fourth.
• 15:31
  Speaker 5: But you know, everybody's familiar with piresson making their law
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  Speaker 5: affect and freedom of the press, nor the establishment of
• 15:39
  Speaker 5: religion or the free exercise thereof. And then the last
• 15:43
  Speaker 5: cause is nor of the people to peaceably assemble and
• 15:48
  Speaker 5: petition their government for redress of grievance. And that's an
• 15:52
  Speaker 5: absolute fundamental right. And we used to be really taken seriously.
• 15:58
  Speaker 5: I mean, the founding father were almost literalists. So there
• 16:02
  Speaker 5: were days set aside from the founding of the Republic
• 16:07
  Speaker 5: until about eighteen fifty, when a day a week or
• 16:12
  Speaker 5: a day every other week while Congress was in session,
• 16:15
  Speaker 5: members of the House of Representatives would request time on
• 16:19
  Speaker 5: the floor where they would read petitions that were brought
• 16:22
  Speaker 5: to them by their constituents. That's what they thought, you
• 16:26
  Speaker 5: have to write to petition your government. Well, if I
• 16:27
  Speaker 5: take this petition to my congressman, he has to read
• 16:30
  Speaker 5: it on the floor of the House.
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  Speaker 2: That feels shocking today.
• 16:33
  Speaker 5: Well yeah, well it didn't last past about eighteen fifty
• 16:37
  Speaker 5: because Northeastern abolitionists, those who opposed the enslavement of human
• 16:48
  Speaker 5: beings were well represented in the House. My representeds from Ohio, Pennsylvania, Massachusetts,
• 16:58
  Speaker 5: and they would just stand up all day read petitions
• 17:01
  Speaker 5: in the House of Representatives against the enslavement of human
• 17:07
  Speaker 5: beings in the United States, which did not sit well
• 17:10
  Speaker 5: at all. Then with the majority of House members who
• 17:12
  Speaker 5: were dominated by Southerners. You got to remember Edward Ruffin
• 17:16
  Speaker 5: almost killed Charles Sumner. He beat him almost to death
• 17:19
  Speaker 5: with the canes. Sumner was in the Senate, Refen was
• 17:21
  Speaker 5: in the House. Sumner got up and made a scorching
• 17:23
  Speaker 5: speech about slavery, and Ruffin sneaked up on him two
• 17:27
  Speaker 5: days later and almost killed him. Uh So, the majority
• 17:31
  Speaker 5: of House members, who were mostly in slavers or sympathetic
• 17:36
  Speaker 5: with enslavers, said well, we're not going to do that anymore,
• 17:38
  Speaker 5: and so petitioned. They died, and it's never been revived,
• 17:42
  Speaker 5: probably won't be. So how do you petition? Government? Free
• 17:45
  Speaker 5: dress where you go to your you go to the office,
• 17:48
  Speaker 5: or you see a senator or a congressman on the street,
• 17:52
  Speaker 5: or on the unlikely occurrence that they have, say a
• 17:57
  Speaker 5: public meeting to discuss matters at issue with their instituents,
• 18:02
  Speaker 5: they call those town halls. I think someplace. You certainly
• 18:06
  Speaker 5: have a right to appear in petition. Read a petition.
• 18:08
  Speaker 5: You can hand a petition, you can have one hundred
• 18:10
  Speaker 5: signatures on it. Or you know, if the people simply
• 18:14
  Speaker 5: refuse to make themselves available, you can go to their office.
• 18:16
  Speaker 5: You go where their staff is. Well, why do you
• 18:20
  Speaker 5: do that way? You do it because you have a
• 18:21
  Speaker 5: right to express yourself about your grievances. What happened yesterday
• 18:26
  Speaker 5: in Charleston at the United Bank Building I think it's
• 18:30
  Speaker 5: five hundred Virginia Street East. A number of people gathered
• 18:36
  Speaker 5: I think outside in the park area there carrying signs
• 18:43
  Speaker 5: of protests. They want to influence the position of Senator
• 18:49
  Speaker 5: Shelley Capita regarding this budget bill, which the folks who
• 18:53
  Speaker 5: are protesting deeply and sincerely believe is harmful to the
• 18:56
  Speaker 5: majority of West Virginia's because of its effect on Medicaid,
• 19:01
  Speaker 5: food assistance, educational programs, and otherwise. Well, six of those
• 19:10
  Speaker 5: individuals went through the door into the lobby the building.
• 19:12
  Speaker 5: The building's open to the public. It's not like the
• 19:14
  Speaker 5: federal building where you walk in, you show ID. You're searched,
• 19:19
  Speaker 5: at least electronically by going through a detector and scanner.
• 19:23
  Speaker 5: It's a public building. Anybody walking down the street that
• 19:25
  Speaker 5: can walk in the lobby. There's no day you can't
• 19:28
  Speaker 5: go in there with nefarious purpose. You know, you can't
• 19:32
  Speaker 5: panhandle in the lobby. They have security people every They
• 19:34
  Speaker 5: walked in the like everybody else who's the member of
• 19:37
  Speaker 5: the public, took an elevator up to whatever floor Senator
• 19:40
  Speaker 5: Capitol's office is located, got off the elevator, I guess,
• 19:43
  Speaker 5: went to the door and they saw she's not here.
• 19:45
  Speaker 5: In DC, well, they knew that obviously. I mean the
• 19:48
  Speaker 5: sentence in session, the woman's not here. You're going to
• 19:52
  Speaker 5: their office to make a point that she's not here.
• 19:55
  Speaker 5: That's that's sort of a negative reinforce. But here we
• 19:57
  Speaker 5: are to discuss this very important piece of legislation, and
• 20:01
  Speaker 5: nobody's here, and so they just stood in the hallway.
• 20:04
  Speaker 5: One of them was the Reverend James Lewis, who I
• 20:09
  Speaker 5: admired deeply. He has done tremendous work in the area
• 20:11
  Speaker 5: of civil rights and human rights and labor rights, and
• 20:14
  Speaker 5: this area is way better for having him here. But
• 20:17
  Speaker 5: I think j Lewis is in his mid mid if
• 20:19
  Speaker 5: not late eighties. He's a walker here was handcuffing. Hey, man,
• 20:25
  Speaker 5: I don't think so. I think he walked across the street.
• 20:27
  Speaker 4: I saw a video with him getting cuffs put on.
• 20:29
  Speaker 4: I don't know if maybe they took him off before
• 20:30
  Speaker 4: they took him out or not. Well, hey had head,
• 20:32
  Speaker 4: he's a walker to walk across the street. I just
• 20:34
  Speaker 4: saw he may have been cut, and you know that's what.
• 20:39
  Speaker 5: The purpose was. So you get this what I call
• 20:43
  Speaker 5: sort of smarmy bystander nullification attitude. Well, look, it's private property.
• 20:50
  Speaker 5: If you want to first thing that people say it's
• 20:53
  Speaker 5: private property, you know you just want to go make
• 20:56
  Speaker 5: a show of things. Well, yes, it's called the point.
• 20:59
  Speaker 5: It's called called indirect civil disobedience. Indirect civil disobedience, it
• 21:07
  Speaker 5: means that to try and sway the conscience of the
• 21:11
  Speaker 5: public with regard to an issue, You may call attention
• 21:17
  Speaker 5: to your protest by defying a particular law, not the
• 21:22
  Speaker 5: one that you are protesting. Now, you know, direct civil
• 21:26
  Speaker 5: disobedience would be Mahatma Gandhi going to make salt. The
• 21:30
  Speaker 5: British had a law that nobody can make salt except
• 21:33
  Speaker 5: our people, so we can overcharge you for it. The
• 21:37
  Speaker 5: Gandhi went to the seashore, so we're going to make
• 21:40
  Speaker 5: some salt. Well, he was arrested. Other people were beaten
• 21:42
  Speaker 5: here to death. That's direct civil disobedience. You won't stand
• 21:48
  Speaker 5: up to take the oth if you're drafted. Indirect civil
• 21:52
  Speaker 5: disobedience is like if Arch Mineral or its predecessor, the
• 21:58
  Speaker 5: Massy Company, or any of these others their alphabet suit
• 22:01
  Speaker 5: coal companies buy someplace like Candleton Industries and they just
• 22:08
  Speaker 5: steal the employees' benefits by stealing their retirement benefits and
• 22:12
  Speaker 5: pocketing them as a part of a bankruptcy proceeding in
• 22:16
  Speaker 5: Saint Louis. Not here, then indirect civil disobedience would be
• 22:22
  Speaker 5: officials from West Virginia, from the UMW Cecil Roberts, going
• 22:26
  Speaker 5: to the federal building and sitting down on a public
• 22:29
  Speaker 5: sidewalk and say and when they were asked to leave,
• 22:30
  Speaker 5: say no, they know they're going to be arrested. I
• 22:33
  Speaker 5: actually tried to become involved in one of the planned
• 22:37
  Speaker 5: arrest and I was just told, no, listen, we know
• 22:39
  Speaker 5: how to do this. This is what we do to
• 22:42
  Speaker 5: draw attention to our position. It's not a spectator sport.
• 22:46
  Speaker 5: I respect that. So you've got six people, one of
• 22:49
  Speaker 5: whom has a lot of experience with civil disobedience, go
• 22:53
  Speaker 5: into a lobby, you go up an elevator and there's
• 22:55
  Speaker 5: a lobby. It's open to the public. Now, there's an
• 22:57
  Speaker 5: accounting office across the hall. Well, aren't they in? I
• 23:02
  Speaker 5: guess if your whole position is a senator can deprive
• 23:08
  Speaker 5: the people of the rape to petition by renting an
• 23:10
  Speaker 5: office in what is a private building. They can't really
• 23:14
  Speaker 5: be in a federal building because the courthouse is that
• 23:17
  Speaker 5: so much security can never get in and out. The
• 23:22
  Speaker 5: possible inconvenience of other firms on that floor, who benefit,
• 23:27
  Speaker 5: by the way, for being able to tell their clientele
• 23:29
  Speaker 5: or our office right across from Shelley's, uh, come and
• 23:32
  Speaker 5: see us. The implication of some soft power. But that
• 23:36
  Speaker 5: matter inconvenience is clearly outweighs the rights of these six
• 23:39
  Speaker 5: individuals to peacefully attempt to petition their government for redress. Now.
• 23:46
  Speaker 5: And they were arrested, and they planned to be arrested,
• 23:49
  Speaker 5: and you know what happened, All of a sudden piece
• 23:51
  Speaker 5: of woitamit? What are they doing? And what are they
• 23:52
  Speaker 5: doing with this preacher putting the handcuffs on this woman
• 23:55
  Speaker 5: in a wheelchair. They've got a lot of handcuff This
• 23:58
  Speaker 5: older gentleman here, who is uh has a petisse. He
• 24:01
  Speaker 5: was to read, let's put him a handcuff. You got
• 24:03
  Speaker 5: a girl that looked at me like she is about
• 24:05
  Speaker 5: twenty two to twenty three years old, maybe five foot two,
• 24:08
  Speaker 5: could have weighed one hundred pounds, so then well, let's
• 24:10
  Speaker 5: hand it. Well, they knew that was going to happen,
• 24:12
  Speaker 5: the visuals of that, sure, I mean it's and also
• 24:16
  Speaker 5: the Charleston police were very chill during the entire thing.
• 24:19
  Speaker 2: They were very chill.
• 24:20
  Speaker 5: As I found out. Well, I told you this was
• 24:23
  Speaker 5: some time ago about the theft of these men and
• 24:26
  Speaker 5: women's benefits. Uh, the police knows what's going on. Yeah,
• 24:30
  Speaker 5: all right, I mean it's it's you know, come with me,
• 24:35
  Speaker 5: and they know the person's going to say no, and
• 24:37
  Speaker 5: it's like, please stand up, and the peaceful civil disobedience,
• 24:42
  Speaker 5: nonviolence stands up, just like Martin Luther King put his
• 24:46
  Speaker 5: arms out and was taken off to the Birmingham jail, which,
• 24:49
  Speaker 5: by the way, would be pretty good reading for those
• 24:51
  Speaker 5: who somehow thought that because the building where the senator
• 24:56
  Speaker 5: maintains their office is quote private, it's only private when
• 25:00
  Speaker 5: they wanted to be private, right, It's public when you
• 25:01
  Speaker 5: want people to come in perhaps they're a quick reading
• 25:06
  Speaker 5: of the letter from the Birmingham Jail would be helpful
• 25:08
  Speaker 5: to them to get them more complete and full understanding
• 25:11
  Speaker 5: of what it means to be an American and what
• 25:14
  Speaker 5: rights we have. And one might ask, well, why does
• 25:17
  Speaker 5: the US senator have her office in a bank building?
• 25:21
  Speaker 2: Anyway?
• 25:22
  Speaker 5: Would the bank not be somewhat concerned about Well, because
• 25:27
  Speaker 5: the bank doesn't own the building. You know, the buildings
• 25:31
  Speaker 5: owned by the Canal Rocks Atlanta company. It's owned by
• 25:35
  Speaker 5: you know, people used to own Canal Banking and Trust.
• 25:37
  Speaker 5: Mike Smith, wonderful guy, his brother Chris and ran from Ay.
• 25:42
  Speaker 5: I mean, they're just an extremely powerful economic and social
• 25:46
  Speaker 5: force in this area because they're directly their descendants of
• 25:49
  Speaker 5: Governor Bill McCorkle, and perhaps the Dickinsons as well. And
• 25:52
  Speaker 5: that's just the way the world wigs. And if you're
• 25:55
  Speaker 5: a US Senator and you're married to one of the
• 25:56
  Speaker 5: Dickenson hears in a way, and you live up in Southeales,
• 26:01
  Speaker 5: where am I going to spread the largas of rent
• 26:04
  Speaker 5: from my office? Well let's just go down here to
• 26:06
  Speaker 5: the bank building, right. You know, those are all valid concerns,
• 26:09
  Speaker 5: But this idea that because a hallway is private property,
• 26:13
  Speaker 5: that people have no right to walk up to the
• 26:15
  Speaker 5: door of a US center. I just think it's just
• 26:18
  Speaker 5: repugnant to me. He is an American. Yeah, it's a
• 26:21
  Speaker 5: bit inconvenient for a day. Is that going to be
• 26:25
  Speaker 5: more inconvenient than a lifelong perhaps a child or a
• 26:29
  Speaker 5: young adult who's not not diagnosed with a hearing disorder
• 26:33
  Speaker 5: or chronic disease because you don't have a medical card anymore,
• 26:37
  Speaker 5: Is that any more important? I mean, those are the
• 26:39
  Speaker 5: things that this nonviolent civil disobedience draws attention to. It
• 26:44
  Speaker 5: was meant to period. Let's take a break.
• 26:48
  Speaker 2: Let's do that. Let's take a break. That's going to
• 26:50
  Speaker 2: take a break.
• 26:51
  Speaker 4: If you want to weigh in on anything, if you
• 26:52
  Speaker 4: want to put the power paint on your side, if
• 26:54
  Speaker 4: you have a legal question this morning, welcome to give
• 26:55
  Speaker 4: us a call, or give Harvey a call. Threes are
• 26:57
  Speaker 4: a four three four five fifty fifty eight, three four
• 26:58
  Speaker 4: five fifty eight fifty eight anything on any other commentary,
• 27:01
  Speaker 4: questions you want to have or a testimonial. We get
• 27:03
  Speaker 4: those from Tom to Tom as well. Welcome to give
• 27:05
  Speaker 4: us a call. Three zero four three four five fifty
• 27:07
  Speaker 4: eight fifty eight. We're going to be and take a break.
• 27:08
  Speaker 4: We'll be back right after this. You're listening to ask
• 27:10
  Speaker 4: the lawyer. Harvey Payton is here from the Pathon Law
• 27:12
  Speaker 4: Firm online. Payton law Firm dot Com. P E Y
• 27:14
  Speaker 4: T you and I'll give you more information when we
• 27:16
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• 27:18
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• 28:37
  Speaker 4: Hey, I think yes, indeed a little different. Yeah, listen
• 28:40
  Speaker 4: to that mombur music. We know do we know who
• 28:43
  Speaker 4: this is? I know who it is. That's the inevitable.
• 28:47
  Speaker 5: Brian Roberts, my son in laws, sarrac husband on his
• 28:50
  Speaker 5: twelve spring guitar.
• 28:51
  Speaker 4: Man.
• 28:51
  Speaker 2: That sounds long guitar.
• 28:53
  Speaker 5: Yeah, sluck tracks recorded over a sound over. That's right.
• 28:58
  Speaker 5: And so if you call the fat, that's what you'll hear.
• 29:01
  Speaker 5: If you have to just played on home for a bit.
• 29:03
  Speaker 5: That sounds really good. Yeah, I mean he's a wonderful musician.
• 29:06
  Speaker 5: So is his son, Logan Roberts, my middle grandson. I
• 29:11
  Speaker 5: mean he Logan because Brian before the pandemic, it was
• 29:17
  Speaker 5: a really good setup. Because Sarah was working with the VA.
• 29:20
  Speaker 5: It was a long day job and Brian could stay home.
• 29:23
  Speaker 5: He gave a pretty good living given guitar lessons, but
• 29:26
  Speaker 5: those were all after hours. They scheduled him so he
• 29:29
  Speaker 5: could go over to fret and fiddle and give lessons
• 29:31
  Speaker 5: after five o'clock Sarah would be home from work. So
• 29:35
  Speaker 5: so the kids, Logan and Lily and just grew up
• 29:39
  Speaker 5: with their dad around all the time playing the guitar.
• 29:41
  Speaker 5: And he taught you know, when Logan was like three,
• 29:45
  Speaker 5: he could play little ditties on the keyboard, had his
• 29:48
  Speaker 5: own little guitar.
• 29:49
  Speaker 2: Wow.
• 29:50
  Speaker 5: Now he's finished high school, Logan has and he put
• 29:55
  Speaker 5: through a carbonry course at Carver and did quite well.
• 29:58
  Speaker 5: But I asked him after granted graduation last month, Logan,
• 30:01
  Speaker 5: you if I could help you maybe get into the
• 30:06
  Speaker 5: apprentice program at the Locals. Well, Papa, I might want
• 30:09
  Speaker 5: to do something in music, which I think is a
• 30:11
  Speaker 5: wonderful thing to do. Just you know, if you're eighteen, nineteen,
• 30:14
  Speaker 5: twenty years old, just take a flyer. If there's something
• 30:16
  Speaker 5: that you know, there aren't there things that you wish
• 30:20
  Speaker 5: you had done hm when you were an eighteen year.
• 30:21
  Speaker 2: Old that oh yeah, yeah, sure, absolutely.
• 30:24
  Speaker 5: I was seventeen years old. I want to join the army.
• 30:26
  Speaker 5: My father went nuts, No, he's no. I mean he
• 30:30
  Speaker 5: was a patriotic better than World War Two, and he said, no, seventeen,
• 30:35
  Speaker 5: nobody's saigned anything. You're going to school. I worked all
• 30:38
  Speaker 5: my life to try and get somebody's going that's what
• 30:40
  Speaker 5: you're going to do. So I often thought, you know,
• 30:44
  Speaker 5: things could have been different. You go to maybe do
• 30:49
  Speaker 5: a couple of tours in the service and go to UCS,
• 30:52
  Speaker 5: maybe end up like my uncle Jim. You know, he
• 30:55
  Speaker 5: was from West Virgina. He ended up spending a long
• 30:57
  Speaker 5: and prosperous life in San Diego, California because he joined
• 31:00
  Speaker 5: the Navy, and that's where he was when he retired.
• 31:02
  Speaker 5: So you never know. But the best way to find out,
• 31:07
  Speaker 5: Like we were talking off here, folks come to me
• 31:10
  Speaker 5: and to Tom and we give advice mostly about injuries, accidents,
• 31:16
  Speaker 5: insurance claims, things where people feel like they've been done
• 31:19
  Speaker 5: wrong by the acts or negligence of another person. And
• 31:23
  Speaker 5: we'll say, well, what's going to happen if we bring
• 31:27
  Speaker 5: this lawsuits? Well, I can't absolutely predict that for you,
• 31:31
  Speaker 5: but there's one absolute prediction I can make is that
• 31:33
  Speaker 5: if you don't bring the lawsuit, nothing's going to happen.
• 31:36
  Speaker 5: So I can tell you that exactly. Now, the question
• 31:40
  Speaker 5: is is it worth to you. Here's a sure thing,
• 31:46
  Speaker 5: nothing's going to happen. Can you live with this, or
• 31:48
  Speaker 5: there's a possibility things will be better if you get
• 31:51
  Speaker 5: intovolved in litigation. And of course a lot of that
• 31:54
  Speaker 5: is where we talk to clients, which you really have
• 31:57
  Speaker 5: to do. I thought, I don't think that this online.
• 32:01
  Speaker 5: Send me a claim on a telephone, send me your
• 32:03
  Speaker 5: medical bills, upload those to an office someplace, and we'll
• 32:07
  Speaker 5: spit you back a number. And here's what you can do.
• 32:11
  Speaker 5: You know that might fit the cookie cutter mold at
• 32:14
  Speaker 5: some law firms, particularly the largest in the world, want
• 32:16
  Speaker 5: an employee. But our thought is, you know, people should understand, Okay,
• 32:21
  Speaker 5: here's what you've got and that's not going to change
• 32:24
  Speaker 5: unless we take some action. Now, nothing's the sure thing
• 32:29
  Speaker 5: with the law. So here's what we're going to have
• 32:32
  Speaker 5: to do to try and get over here where you
• 32:34
  Speaker 5: want to be. Now, if the cost of getting from
• 32:38
  Speaker 5: where you are right now to where you want to
• 32:39
  Speaker 5: be is more than you're willing to incur, then let's
• 32:44
  Speaker 5: make the best of this. I'll see what we can
• 32:46
  Speaker 5: do to adjust the situation to make the best of it.
• 32:49
  Speaker 5: That's the sort of thing that makes real lawyers talk
• 32:53
  Speaker 5: to real clients and be concerned about people trying to
• 32:56
  Speaker 5: get real results. You know they several years ago, I
• 33:03
  Speaker 5: was involved in a case I actually involved public assembly
• 33:06
  Speaker 5: with people who were arrested up here on July the
• 33:08
  Speaker 5: fourth at the State House. They showed up with T shirt.
• 33:12
  Speaker 5: George Bush was there making a speech, and you know,
• 33:15
  Speaker 5: I think then he went to Ripley to the Ripley celebration. Well,
• 33:18
  Speaker 5: they had T shirts on underneath their shirts, so they
• 33:21
  Speaker 5: walked through security and then they took their shirts off,
• 33:23
  Speaker 5: and the crowd was It was a classic case of
• 33:26
  Speaker 5: bystander nullification. These folks had a right to wear these
• 33:29
  Speaker 5: T shirts. It's a public place, it's a state house.
• 33:35
  Speaker 5: But the crowd became agitated. It was a hot day.
• 33:40
  Speaker 5: You know, there's a clear thread of somebody's going to
• 33:43
  Speaker 5: punch these people or throw a rock or something. And
• 33:46
  Speaker 5: it wasn't helped at all by the others who were there.
• 33:48
  Speaker 5: So the police department did what you said they did.
• 33:51
  Speaker 5: They arrest them for trespassing, which they shouldn't have done.
• 33:54
  Speaker 5: I mean, they weren't trespassing there in a public place.
• 33:56
  Speaker 5: Boy had a really smart Danny Jones was mayor and
• 33:58
  Speaker 5: Danny smart the charges dismissed, and so he ended up
• 34:02
  Speaker 5: in a civil action where I was Associate council here
• 34:08
  Speaker 5: for the ACLU, and in view of their latest performance
• 34:13
  Speaker 5: in this gender affirmation lawsuit from Tennessee, I think last
• 34:18
  Speaker 5: week I misspoken and said it was Arkansas. I was
• 34:20
  Speaker 5: on the wrong side of the Mississippi River. We settled
• 34:25
  Speaker 5: that case. I settled it because while I was out
• 34:30
  Speaker 5: of town, they've had a mediation and it was obvious
• 34:33
  Speaker 5: that all that the ACLU, they didn't care about these
• 34:35
  Speaker 5: two people. They wanted some sort of big statement, big
• 34:39
  Speaker 5: money statement, and the fight trying and say, look, you're
• 34:41
  Speaker 5: not gonna get a big money statement in Charleston, West Virginia.
• 34:44
  Speaker 5: You're going a big statement. You're gonna get a big
• 34:46
  Speaker 5: statement that this was a okay, and these folks are
• 34:49
  Speaker 5: going to walk out of here without a dime for
• 34:51
  Speaker 5: all they've been through, and I'm not putting up with it. So,
• 34:55
  Speaker 5: I mean, I look at scance.
• 34:56
  Speaker 2: At that the.
• 34:59
  Speaker 5: You know, the there's a reality of really anybody who
• 35:02
  Speaker 5: wants to go online and you think, well, the New
• 35:03
  Speaker 5: York Times is the mainstream press, Well it is. It's
• 35:06
  Speaker 5: also one of the world's greatest newspapers, along with the
• 35:08
  Speaker 5: Wall Street Journal, the Washington Post, The Times of London,
• 35:12
  Speaker 5: the La Times, Atlanta, Constitution, Times, picking un in New Orleans.
• 35:16
  Speaker 5: I mean, those are great traditional legacy sources of the news.
• 35:23
  Speaker 5: There is a really good commentary in there this morning.
• 35:26
  Speaker 2: By a.
• 35:29
  Speaker 5: By a leader in the movement that resulted in the
• 35:35
  Speaker 5: Ubert Felt decision legalizing or authorizing the same sex marriage
• 35:40
  Speaker 5: in the United States and marriage equality, and you know,
• 35:48
  Speaker 5: the enforcement of equal protection and employment laws relative to gay, lesbian,
• 35:55
  Speaker 5: and transgendered individuals. Who just says, wait a minute, but
• 35:59
  Speaker 5: now I'm an outca because if I have the audacity
• 36:01
  Speaker 5: to say, well, you know, we need to take a
• 36:03
  Speaker 5: really close look at transgendered women who really are physically
• 36:09
  Speaker 5: advanced far beyond there are peers in athletics, and are
• 36:15
  Speaker 5: we making such a big deal of this that it's
• 36:17
  Speaker 5: just damaging everybody And maybe we're going to get a byelash.
• 36:21
  Speaker 5: But to say that, and I'll say it, I mean,
• 36:25
  Speaker 5: you're pummeled, pummeled as some sort of reactionary kook. Anyway,
• 36:32
  Speaker 5: We're not reactionary cooks at the Payton Law Firm. We
• 36:34
  Speaker 5: pay really close attention to our clients and to the
• 36:37
  Speaker 5: work we do. We do a lot of automobile accidents,
• 36:40
  Speaker 5: we do disability work, wrongful death insurance claims, in particular
• 36:46
  Speaker 5: someone's denied a claim where they've offered less. And we
• 36:51
  Speaker 5: also do things that folks need at sea level to
• 36:53
  Speaker 5: counsel with and speak. So call us at three oh
• 36:56
  Speaker 5: four seven five five five five five six, or go
• 37:00
  Speaker 5: online Paytonlawfirm dot com. You can send an email that
• 37:03
  Speaker 5: goes right for Tom's desk right and we'll see you
• 37:06
  Speaker 5: next week.
• 37:07
  Speaker 4: That's great information from the Payton Law Firm. As always
• 37:10
  Speaker 4: be back here next Thursday at eight twenty for more
• 37:13
  Speaker 4: of as the lawyer from the Peyton Law Firm. Dave
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  Speaker 4: back this afternoon with Dave weekly Metronews Hotline. Have a
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