West Virginia Resident Seeks $10,000 in damages in a lawsuit filed against the owner of the mugshot website known as WVjails.info (which has recently combined with other sister sites, and re-branded itself as Arre.st). Where as WVjails.info had mugshots of people arrested in West Virginia, Arre.st has mugshots from arrests in 37 states to date.
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
West Virginia Resident Sues over Mugshot on Arre.st (then WVjails.info)
1. Green recipient of free auto repair
Week of: January 3-January 9, 2013
Travis Crum
The Charleston Gazette
(MCT) CHARLESTON —
For many former West Virginia
jail inmates, their mug shots are
a visual reminder of some of the
worst moments in their lives.
One Clarksburg man has capi-
talized on this by creating a web-
site compiling booking photos
from every jail and prison in the
state. The man then charges a
steep fee to get those mug shots
scrubbed from cyberspace.
Ohio lawyer Scott A. Ciolek
said this practice “amounts to
nothing short of fraud” and ex-
tortion. He has sued five similar
websites to prove his point.
The website registered in
Clarksburg, WVjails.info, is next
on his list, he said.
Jason Watson of Clarksburg
owns WVJails.info and its main
company, US Support Services
LLC, according to the West Vir-
ginia Secretary of State’s Office.
The site is licensed as an “in-
formation and data processing
server.” That server is registered
online to a “Mr. Watson.”
Watson has created about 30
similar mug shot websites in
Arizona, Florida, Georgia, Ken-
tucky, Minnesota, Missouri,
Ohio, North Carolina, Tennessee
and Pennsylvania, according to
the server’s information.
Watson also created a separate
server, Arre.st, in which mug
shots from West Virginia and
the other 30 websites are double
posted.
He charges $51.80 for West
Virginians to remove a photo
from Wvjails.info.
On Oct. 29, the Better Busi-
ness Bureau launched an investi-
gation into Watson and his busi-
ness practices after receiving
four complaints in the past three
years. Investigators couldn’t fol-
low up because a working phone
number for Watson could not be
found.
However investigators discov-
ered that Watson “had additional
websites and seems to have mul-
tiples of the same information on
different websites causing some
individuals to have to pay to
have their information removed
from several websites.”
The bureau concluded that
Watson has a First Amendment
right to operate his business but
investigators felt “the company
is using high pressure and un-
ethical business practice to in-
timidate individuals.”
Those who complained said
they paid to have their mug shots
removed only to find the photos
moved onto another website.
Ciolek asks that anyone with a
mug shot on WVjails.info or any-
one who’s paid to have his or her
photo removed from that site to
join him.
In Ohio, he filed a class-action
lawsuit on behalf of more than
259,000 people who’ve been
placed on mug shot websites
there. He’s seeking $10,000 in
damages per photo posting.
West Virginia, like Ohio, has
similar laws when it comes to
publicity rights.
“Every person in West Virginia
has a right to control the com-
mercial exploitation of their im-
ages and their names,” he said.
Mug shots are public record
and frequently are used by news
organizations.
“That’s fine, because that’s
protected by the First Amend-
ment right to [a free] press,” he
said. “In fact, if these mug shot
websites simply posted the pic-
tures of the people with no com-
mercial exploitation, then that
Lawsuit filed over mug shot websites
Ken Ward Jr.
The Charleston Gazette
(MCT) CHARLESTON — West Virginia led the na-
tion in 2012 with seven coal-mining deaths, according
to preliminary figures from the U.S. Department of La-
bor’s Mine Safety and Health Administration. The fatality
count for 2012 was one more than the six West Virginia
coal miners killed in 2011.
Nationwide, 19 coal miners were killed in on-the-job ac-
cidents last year, down slightly from 21 coal fatalities in
2011. The nation also recorded 17 metal and nonmetal
mining deaths in 2012, up from 17 the previous year, ac-
cording to MSHA data.
Across all types of mining, the industry’s total fatality
count in 2012 was 36, down from 37 in 2011, and half
of the 71 who died in 2010, when 29 coal miners died in
an explosion at the Upper Big Branch Mine in Raleigh
County.
Alpha Natural Resources accounted for three of West
Virginia’s mining deaths last year, and CONSOL En-
ergy accounted for two. The other deaths occurred
at mines owned by Coal River Mining LLC and Arch
Coal.
Kentucky had the second most coal-mining deaths
last year, with four. Alabama had two, and Colorado,
Illinois, Indiana, Ohio, Tennessee and Virginia had one
each.
West Virginia has led the nation in coal-mining fatali-
ties in five of the last dozen years. Kentucky led the na-
tion six times during that period, and Utah led once, in
2007, when nine workers died in the Crandall Canyon
Mine Disaster.
On Dec. 21, the Obama administration outlined new
timelines for several key mine safety initiatives, as part
of the publication of the government-wide semi-annual
regulatory agenda.
The MSHA regulatory agenda says the agency will
finalize by May a proposed rule to require “proximity
detection” devices that would shut down certain under-
ground mining equipment when workers get too close,
to help prevent injuries and deaths caused by collisions.
MSHA also says it will finalize by June its long-awaited
rule aimed at reducing miners’ exposure to coal dust that
causes deadly black lung disease.
A new rule on how to handle increased enforcement at
mining operations that exhibit patterns of violation is due
to be finalized later this month. And a second proximity
device rule, to expand the requirement to other mobile
underground equipment, is to be published in draft form
in July, MSHA said.
The black lung rule in particular has been basically
stalled since not long after it was proposed in October
2010, in part because of opposition from industry and
from Republicans in Congress.
Black lung, or coal workers’ pneumoconiosis, is an ir-
reversible and potentially deadly disease caused by expo-
sure to coal dust.
In 1969, Congress made eliminating black lung a na-
tional goal with a law that required mine operators to take
steps to limit exposure. The law greatly reduced black
lung among the nation’s coal miners.
Scientists have found, though, that black lung is on the
rise again. Researchers have warned of a doubling of black
lung rates since 1997, and of an alarming incidence of the
disease among younger miners, whose entire careers took
place under the 1969 law’s dust limits.
In West Virginia, more than 2,000 coal miners died
of black lung between 1995 and 2004, second only to
Pennsylvania, with 4,234 black lung deaths during the
same period, according to government data. Nation-
wide, black lung killed more than 10,000 miners during
those years.
“We hope that they can actually get those rules in place
by the timelines they have laid out,” said Phil Smith,
spokesman for the United Mine Workers union. “Coal
miners have been waiting for these things for a long time.”
Reach Ken Ward Jr. at kward@wvgazette.com or 304-348-1702.
W.Va.led nation in
2012 mining deaths
Martha Sparks
Society Editor
MAN — Late last
fall, Mac’s Auto Parts
and Mac’s Service Cen-
ter took nominations
on who would be the
recipient of free auto
repairs worth $500. In
late November, through
a nomination from
Gale Thompson, Polly
Green of Chapmanville
received the free auto
repairs.
Thompson’s nomina-
tion read “I would so
love it if a wonderful
lady could win this and
I can’t think of anyone
more deserving. For
years I’ve wished I could
do this for her and since
I can’t this would be
great.
“I’m not telling her I
nominated her, just in
case. Long story short,
her name is Polly Green,
lives in Chapmanville,
and she’s 80 years
young. A good Chris-
tian woman, mother and
grandmother, and friend
to all. Every day she
takes people to doctor
appointments or wher-
ever they need to go.
Always on the run for
others and never com-
plains.
“Her old Ford, I think
it’s an 83, needs new
tires and some days it
sounds like its not gon-
na go. Polly just keeps
on going and with some
prayers she gets there
and back. I really just
can’t put into words how
great it would be for me
and lots of others who
love and admire her, to
know her little car is in
better condition.
“Please consider her.
I forgot to tell you a
few more reason I think
Polly Green should win
Working on Green’s 1981 Ford Fairmont is, from left, Robert Maynard, Jack McDaniels
Jr. and Chris Cain.
Submitted photos
Polly Green poses with Jack McDaniels Jr., right, and Jack McDaniels III following her car repairs. Green was the
recipient of more than $500 in automobile repairs provided by Mac’s Auto Parts and Mac’s Service Center at Man.
Michael J. Astrue, Commissioner of So-
cial Security, recently announced that the
agency was expanding the services avail-
able with a “my Social Security,” account,
a personalized online account that people
can use beginning in their working years
and continuing throughout the time they
receive Social Security benefits.
More than 60 million Social Secu-
rity beneficiaries and Supplemental
Security Income (SSI) recipients can
now access their benefit verification
letter, payment history, and earnings
record instantly using their online ac-
count. Social Security beneficiaries
also can change their address and start
or change direct deposit information
online.
“We are making it even easier for peo-
ple to do their business with us from the
comfort of their home, office, or library,”
Astrue said. “I encourage people of all
ages to take advantage of our award-win-
ning online services and check out the
new features available through an online
my Social Security account.”
Social Security beneficiaries and SSI
recipients with a my Social Security ac-
count can go online and get an official
benefit verification letter instantly. The
New services available with ‘my social security’
See LAWSUIT | 2
See REPAIR | 2
See SERVICES | 3
2. A2 • Week of January 3-January 9, 2013 The Coalfield Connection
Growing Home Health Agency
is looking for a
full-time office
coordinator
in the Danville area.
304-369-6400 60383446
Judy’s Tax Service
We have moved
to a new location!
2nd Price Hill above Hospital
830 Maple Wood Drive
304-369-4405 60382969
Lawsuit
Repair
From Page 1
From Page 1
would be legal.”
The problem is that
these mug shot websites
use people’s images in pro-
motional ads and for finan-
cial gain, he said.
“It’s just an unacceptable
use of someone’s image
and a personal infringe-
ment on publicity rights,”
he said. “That’s what we
are suing about.”
It would be difficult for
a lawyer to prove damages
from copyright infringe-
ment in court. It’s not dif-
ficult, however, to prove
damages related to a per-
son’s name and their im-
age, Ciolek said.
Ali Dabiri, database ad-
ministrator for the state
Office of Technology, said
Watson maintains his web-
sites by downloading mug
shots using a “bot.” These
programs are capable of
downloading thousands of
images in a matter of sec-
onds when the photos are
entered into the state Re-
gional Jail database.
In April, Dabiri tried to
change some of the data-
base settings to prevent
Watson’s programs from
downloading, but it had lit-
tle impact. Watson’s web-
site went offline for about
a day and then came back
unaffected by the changes,
Dabiri said.
Mug shots here in the
state are copyrighted by
the West Virginia Region-
al Jail Authority and the
West Virginia Division of
Corrections.
A Gazette-Mail reporter
messaged WVJail’s Twit-
ter account in April to ask
about its use of the mug
shots.
“We do not need per-
mission to publish pub-
lic record. This is a First
Amendment right,” some-
one there replied.
Anyone who wants to
report a mug shot problem
can visit Ciolek’s website.
Reach Travis Crum at travis.crum@
wvgazette.com or 304-348-5163.
the car repairs. Not a day
goes by that she doesn’t
take someone to doctor ap-
pointments in her old car.
She had heart surgery and
at 80 she still does good
deeds for everyone and
never complains. She takes
food to people in addition
to all the other things she
does.
“I am in awe of her ev-
ery day. With these repairs
to her old Ford she could
drive with a little more
peace of mind. No one
deserves this more and it
would be great surprise for
her. Thank you. — Gale
Thompson”
Jack McDaniels, owner
of Mac’s Auto Parts and
Mac’s Service Center, said
repairs to Green’s 1981
Ford Fairmont included a
set of tires.
“We put new tires on it
and a lot of little things,”
said McDaniels. “We did
a service on it, did an
alignment, put tie rods on
it, she had some tie rods
that were really bad on the
front end.”
McDaniels said that also
repaired the exhaust on
the vehicle, put new wiper
blades and serviced the
transmission.
“She was a very, very de-
serving person for the free
repairs,” said McDaniels.
Fred Pace | Coalfield Connection
Mickey Brown, far right, was selected to remain county commission president for 2013. The commission also hosted an open
house for the new judicial annex located behind the courthouse.
New judicial
annex opens
Brown to remain commission president
Fred Pace
Editor
MADISON – Mickey
Brown will remain as Presi-
dent of the Boone County
Commission for this year fol-
lowing a unanimous vote dur-
ing the commission’s Wednes-
day, Jan. 2, 2013, organization
meeting held at the new judi-
cial annex at the Boone Coun-
ty Courthouse.
“I am honored,” Brown
said. “I’m around town and
have a lot more time on my
hands to be here at a mo-
ment’s notice.”
Brownwasre-electedtothe
commission this past year and
served as president last year
as well.
Brown said the organiza-
tional meeting was to also
set the commission’s meeting
dates for the year.
“We will be meeting at the
sametimes,whicharethefirst
and third Tuesdays of each
month, with the first Tuesday
at 10 a.m. and the third Tues-
day at 5 p.m.,” said Brown.
“We want to urge the public to
attend the meetings.”
The county commission
also set all of its various com-
mittees.
“We kept the same commit-
tees we had last year,” he said.
All the newly and re-elected
county officials were sworn
into office and the commis-
sion also had a ceremony to
open the new judicial annex.
“This new judicial annex is
a $4.1 million project,” Brown
said.
The new judicial annex
is located behind the Boone
County courthouse and adja-
cent to the old courthouse an-
nex will house Family Court
offices on the first floor and
the sheriff’s offices on the
second floor. The county com-
mission will move to the third
floor, and the basement area
will provide much needed
space for county records.
Brown said providing suf-
ficient space for Family Court
is mandated by West Virginia
Code. The commission was
approached by the Family
Court judge and the West Vir-
ginia Supreme Court inform-
ing the commission that the
county was out of compliance
inmeetingtheminimumspec-
ifications for space.
Brownsaidthecommission
had put aside money for capi-
tal projects and that’s how the
county was able to fund the
construction of the building
this time.
Brown also spoke about
several other on-going ser-
vices the county plans to
continue to improve on in the
coming months, not the least
of which are water projects.
“One of our top priorities,
if not the top one, has been
to provide good water to
residents in all parts of Boone
County, and we’re about 95
percent of that goal,” Brown
said. “Our next water projects
will be in the Cox’s Fork and
Mud River areas.”
Another priority of the
commission, Brown said, is
to increase the capacity of the
present sewer system, which
is nearly at capacity now. This
is a must for economic devel-
opment and increased hous-
ing.
Other projects touched
on by Brown included the
solid waste transfer stations,
improvements to parks and
recreation, the county’s seven
senior citizens centers, and
renovation of the courtroom
and the jurors’ room.
“We are still a little worried
about the situation with our
coal mining industry in the
county and our revenues,”
Brown said. “We plan to stay
aggressive with our water
projects and other projects as
well and keep Boone County
moving forward.”
All the commissioners said
the new judicial annex was a
wonderful thing for the coun-
ty.
“There seems to be a great
spirit of cooperation here in
the courthouse and this is
only more good news for the
people of Boone County,”
Brown said. “These new facili-
ties are more open and make
is better for public access and
public meetings and several
departments will have a lot
more room.”
Severalofficials,courthouse
employees and members of
the public attended and spoke
during the new judicial annex
open house ceremony. The
new facilities were designed
and built by G&G Builders.
“I want to thank all the
workers as well,” said Com-
missioner Atholl Halstead.
“There was a lot of money
spent on this and we feel like
we have spent the taxpayers
money wisely. They can see
and will get a benefit imme-
diately from these new facili-
ties.”
Mike Davis, a Boone Coun-
ty native who is vice president
and general manager of G&G
Builders, said he appreciated
the opportunity the county
gave his company.
“I am a graduate of Van
High School and I wanted
to come back home and do
something great in my home
county,” he said.
Commissioner Eddie Hen-
dricks said he was amazed at
how well the process went.
“They were building at the
same time we are still con-
ducting county business,”
Hendricks said. “This build-
ing will enhance government
in this county and make it
much safer and more effi-
cient.”
C.V.Moore
TheRegister-Herald
(MCT) OAK HILL —
Black lung disease is on the
rise in West Virginia, but
those with intimate knowl-
edge of its effects say there
are steps that miners and
their families can take to en-
sure adequate care and sup-
port even before symptoms
develop.
From their home in Oak
Hill, Joe and Nancy Massie
field calls from miners all
over the country who need
help and advice about the
disease.
“There’s hardly ever a day
that goes by that someone
doesn’t call to ask a ques-
tion,” says Nancy.
The Massies are volun-
teers with the National Black
Lung Association, where Joe
serves as president. Both of
their fathers developed black
lung in the days before fed-
eral legislation legitimized
the disease and established
compensation for its victims.
“When you grow up with
parents that are coal miners
and see the struggles they
had, it’s something you never
forget,” says Nancy, who fo-
cuses much of her work on
helping miners’ widows file
for federal black lung ben-
efits. Joe’s mother, 105, still
draws them.
Joe, 75, was diagnosed
with the disease in 1993
after 30 years as an under-
ground miner.
“In 1969, when they
passed the law, there wasn’t
supposed to be any black
lung anymore. But now
there’s more than there ever
was,” says Joe.
Black lung diagnoses dou-
bled in the last decade, and
advanced cases have quadru-
pled since the 1980s, accord-
ingtoarecentjointinvestiga-
tion by the Center for Public
Integrity and National Public
Radio. Seventy percent of
the miners who died in the
Upper Big Branch mine ex-
plosion and were tested for
black lung showed some
signs of the disease.
Nancy is especially wor-
ried about younger miners
who she said don’t often take
the time to visit a doctor and
establish a baseline medical
history. She said they don’t
think it can happen to them.
“I hate to tell them that it
can and it will happen.”
These days, doctors are
seeing younger miners devel-
oping black lung, which has
killed approximately 70,000
in all since 1970. That means
it’s even more important for
workers to take steps now to
prevent future suffering, say
the Massies.
—-
Whether because of de-
manding work schedules
or fear of losing their job,
most miners don’t go to a
doctor for black lung screen-
ings, according to the staff of
New River Breathing Center
(NRBC) in Scarbro. But they
should.
“If you’re a coal miner,
you need to be tested. You
should start from the get-go,”
said Susie Criss, the center’s
director.
“If you are around dust
and you want to be with your
family for years to come,
keeptrackofwhatyourlungs
are doing. You don’t want to
find out when it’s too late.”
It’s important to establish
lung function prior to any
impairment.
“It also gives us the oppor-
tunity to … delay any type of
black lung disease they get
byeducatingthemaboutpre-
vention,” Criss said.
After an initial exam,
NRBC recommends miners
get breathing tests every two
to three years for as long as
they are exposed, or if they
notice a big change in their
breathing.
“If they’ve always been
abletowalkupthathilltoget
to their hunting spot and all
of a sudden they need to stop
twoorthreetimes,theyneed
to be more aware of where
there lung function is,” said
Criss.
Miners who are especially
susceptible to developing
black lung include those
working on the face or in tip-
ples, continuous miner oper-
ators and any kind of drillers,
including roof bolters.
Surface miners working
around dust are not immune.
Neither are younger min-
ers. The youngest patients
with complicated black lung
at the NRBC are in their late
30s and early 40s.
Criss and her staff talk to
miners about their jobs and
encourage those in high dust
areas to wear respirators and
try to stay out of direct dust
as much as possible.
If black lung is identified,
the staff works with the
National Institute for Occu-
pational Health and Safety
(NIOSH) to get the patient
“Part 90” status, which
means the patient has the op-
tion to move to a less dusty
job.
The New River Breathing
Center, one of eight black
lung clinics in West Virginia,
is a kind of “one-stop shop”
for coping with the disease.
About 500 miners are treat-
ed annually and they have es-
tablished close relationships
with patients over the years.
Most of the staff members
have family in the mining
industry.
Not only do they test for
black lung, they also help
miners file for compensa-
tion, which involves wading
through a lot of paperwork.
Tony Canada, a benefits
counselor for NRBC, helps
miners figure out what to
do once they have been diag-
nosed.
“A lot of times we’ll sit
down and throw all the op-
tions on the table that are
available, whether it’s dis-
ability, a miner’s pension, So-
cial Security, federal or state
black lung benefits,” says
Canada.
It can take as many as 20
years of legal appeals by coal
companies to establish feder-
al benefits. In the meantime,
some miners feel they must
keep working to maintain
medical insurance and sup-
port their families.
“You lay everything out
on the table and try to help
guide them on a pathway
that can financially sustain
them until they get in a situ-
ation (where they obtain fed-
eral benefits),” says Canada.
Establishing a continuous
medical history with a family
physician — especially one
who specializes in black lung
— can be crucial for support-
ing a federal black lung claim
down the road, the NRBC
staff says.
“Being able to document
overtimethatyourbreathing
gotworseaffectsyourfederal
claim a lot,” says Criss. “It’s
very supportive.”
Ifapproved,ahusbandand
wife can expect to receive
$938 per month in federal
benefits, plus medical cov-
erage for black lung-related
treatment and medication.
Oak Hill couple volunteers for miners
Bob Fala
OutdoorsColumnist
Deer and trout are perennial
favorites of the West Virginia
sporting public. So what better
way to kick-off the New Year
than with these big guns of
the outdoor venue? This is in
no way a slight to bass, bears,
bunnies or wild turkeys for that
matter, but to merely start the
New Year with some skinny for
the many hunters and anglers
thereof.Butpleasebesureyour
license situation is current for
the new year as well.
Theusuallocalvendorsnow
have the fishing regulation
brochures in stock. So stop
by and pick up a copy for the
camp, vehicle or both. For a
preview, there is very little that
has changed within the basic
fishing prescriptions. That in
mind, the trout stocking sea-
son begins per usual in Janu-
ary albeit at a limited pace.
However, before the month is
said and done some fifty plus
Mountain State streams and
lakes will have been planted.
Laurel Lake in Mingo Coun-
ty is the closest January op-
tion. For details on daily state-
wide stockings, do an online
word search under WVDNR
and select the trout stocking
schedule or call the hotline
at 558-3399, both of which
are updated around 4:00PM.
In other local trout matters,
the various coal program
mitigation in-stream fishing
structures along Pond Fork in
Boone County are really look-
ing sharp in winter flow.
Take a drive between the
towns of Van and Bald Knob
to see for yourself. Just do it in
winter before spring green-up
for the best view. The major
mitigation project at Buffalo
Creek above Man is now un-
der construction. Give the
work crews some space and
time before taking a gander at
thatone.Andlastbutcertainly
not least, the Logan Shrine
Clubmeritsaheartythankyou
for their maintenance efforts
at the Children’s and Handi-
capped trout Pond at Logan
County Airport.
In the past, vandals and lit-
terbugs had wreaked havoc
there. Also along those lines,
the popular and long stand-
ing Big Ugly WMA in Lincoln
County might be lost for unau-
thorized ATV use, vandalism
and littering. Let’s not let the
actions of a few destroy the
benefits for the entire public.
Folks might recall that many
of the once fine facilities at Big
Ugly have been destroyed by
scofflaws. Local law enforce-
ment staff might keep this,
the Airport Pond and the new
shooting range at Chief Logan
Wildlife Management Area
(WMA) on their patrol list.
Moving on to deer, the
final tallies will soon be roll-
ing in. Early indications are
that per the modest gun buck
kill, the state’s leading herd
index, the bulk of the 55 coun-
ties are now at or below their
objective. And that’s even as
reduced under the new man-
agement plan. We should thus
anticipate some belt tighten-
ing in the regulation prescrip-
tions for 2013. The hunter
kill and thus the herd are now
about half of what they were
just a decade back.
Along those lines, one frus-
trated buck hunter sent this
comment in response to the
official news release. “I wish
the DNR would provide their
excuses prior to the season so I
would have some good ones on
whyIcouldn’tgetoneeachyear.
Thisyear-weatherwasdry,soit
was loud walking in the woods;
Hurricane Sandy limited my
access to my good spots; there
weretoomanyacorns.Lastyear
- the weather was bad and wet,
noacorns,toowindy.”
Deer and trout
talk kick off
the New Year