Judge issues restraining order against protesters
by Lawrence Keeney
14 months ago | 590 views | 0 0 comments | 6 6 recommendations | email to a friend | print


The 14 protesters who were arrested on Massey Energy’s Progress Coal site On June 18 have to stay off it until at least July 9. The activists, all named in a court document filed last week in Boone County Circuit Court by attorneys for Massey, are now barred from entering the property after Judge Will Thompson issued a temporary restraining order against them on Thursday.

The court document filed by Massey alleges that the protesters "accessed Twilight Surface Mine property through rough terrain under the cover of darkness to avoid detection by Progress’ security personnel."

Massey attorneys Jim Rock and Tim Houston, outlined how the anti-mountaintop removal-mining activists organized and planned the action, calling it a "scheme to oppose and stop mountaintop mining and Massey Energy itself."

Rock also noted that the protestors "put themselves and company employees’ lives at risk by their actions." In addition, the company showed a 7-minute video originally posted on YouTube, allegedly filmed by Rainforest Action Network activists, that showed them walking through the woods onto company property and across the flat ground of the strip job.

The film shows the activists initial encounters with company employees. In the film, activists are shown unfurling a banner across an area of flat ground and then climbing the crane section of a dragline machine on the site.

One of the protestors, when asked what they are doing there, stated on tape that they "were there to shut the site down."

Rock alleged, and defense attorney Roger Foreman denied that RAN activists edited the first tape. "Initially, the video was seven minutes long," Rock told the judge. "It was taken down and when it reappeared it was four and a half minutes in length. We believe they took out evidence that some of their members assaulted mine company employees."

Foreman denied it, saying, "I object to the characterization of protestors as assaulting employees. There is no evidence of that."

Judge Thompson issued the temporary document, barring the 14 activists or their agents from entering any Massey Energy properties until July 9, at which time the attorneys for Massey will argue for a permanent restraining order against the activists. The hearing is scheduled to begin at 11 a.m., at Boone County Circuit Court. If any of the named activists violate Thompson’s order, they are subject to possible fines up to $25,000.

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