WV HB4654 – Public Hearing

January 26, 2024
MOVCAC Contributor:  Sean P. Keefe


The West Virginia House of Delegates held a public hearing for House Bill 4654 on Wednesday, January 24, 2024.  The bill as written would “amend and reenact §61-8A-3 of the Code of West Virginia, 1931, as amended, relating to removing bona fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and display to minor of obscene matter.”

The full text of the bill can be found here: WEST VIRGINIA LEGISLATURE 2024 REGULAR SESSION

Introduced House Bill 4654

MOVCAC has been working to remove obscene material from public schools and to ensure obscene material is segregated at our public libraries so that unaccompanied children cannot obtain the material without the presence of their parents.  These efforts began in the early fall of 2022 after Jessica Rowley found “Gender Queer” prominently displayed on the Banned Books shelf within 20 feet of the front door to the Parkersburg Public Library.  A detailed account of these efforts can be found at the link below:

Citizen Action Makes a Difference – MOVCAC.com May 2023

There were numerous speakers and the full video of the public comments has been posted on YouTube.

Public Hearing on WV HB4654 – Protecting The Innocent

As a side note, at the 24:36 mark of the above video, Ash Orr approaches the podium wearing a mask and proceeds to tell us their preferred pronouns – He/They.  First, the science is out on masks.  Second, are we really going to allow those suffering from gender madness to determine what material will be used to indoctrinate our children?  It is past time we stand up against nonsensical and unscientific narratives being forced on our society.  A kind and loving society would help those suffering from indoctrinated confusion rather than indulge their mental illness.

I encourage you to watch the video of the public comments in its entirety.  I find it instructive that those speaking in favor of the bill focused on the children being exposed to obscene material while those opposed focused on the librarians and their staff/volunteers or about the increased cost of litigation or insurance.  Will they also argue that Walmart should not be restricted from displaying and offering obscene material to minors because of those increased costs or because it exposes their staff to potential litigation?  One speaker opposed to the bill noted that “Mountaineers are free.”  We are, but we are not free to openly provide alcohol, tobacco, or obscenity to minors.  I would remind those who believe this bill to be censorship that we age restrict movies all the time.

In the following clips from the public comments, you will plainly see the difference between the arguments of those in favor vs. those opposed to this bill.  Jessica Rowley reads from and displays the obvious obscenity being peddled to our children.  Conversely, Brian Raitz Parkersburg & Wood County Library Director quotes the bible and leans on his Christianity to defend this obscene material.  The fallacy in the arguments made for keeping this material available is that we are not talking about the Bible or the literary works of numerous authors whose work is text in nature.  Young children are drawn to pictures, comics, illustrations, and racy or vulgar content.  The books to which those who support this bill are opposed are Graphic Novels where illustrations depict butt plugs, strap-on dildos, and instructions for looking up pornography.  As you will see in the Sally Radabaugh clip, where the work is text in nature, the term “eating pussy” is used numerous times.  In what context is that appropriate for a child?

Again, no one is asking that these books be banned.  These books can be written, published, and made available for purchase or for checkout from an age restricted section of the public library where a parent’s presence is required.  However, there is no reason that this obviously obscene material should be available in a public-school library or classroom.

Jessica Rowley Comments:


Brian Raitz Comments:

Note that Mr. Raitz talks about freedom and liberty.  Is Mr. Raitz advocating for children to have unfettered access to drugs, alcohol, tobacco, and pornography?  Does he believe our laws against making those things available to children are unconstitutional?  Or does Mr. Raitz believe that schools and libraries (government institutions) are exempt from the laws and consequences applied to private citizens and business establishments?


Minister DJ Curry’s Comments:


Jeff Smith Comments:


Sally Radabaugh Comments:


Although not provided as separate clips, Carol Butler, Gail Westover, Denny Westover, and Steve Radabaugh also addressed the delegates.  Their courage and conviction were instrumental in making delegates more familiar with this issue prior to their voting on legislation.

A special thanks to Jessica, Carol, and Sally.  I know how difficult it is to read these passages in public.  It is embarrassing and uncomfortable.  However, it is essential that people hear and see the material to which there are objections.  Again, our establishment media refuses to air or publish this material because they KNOW their readers/viewers along with the FCC would have a problem with it.  If this material cannot be shared in our newspapers or our broadcasted news programs, why would we accept it being made available to our children?

The activities of – Denny and Gail Westover in Charleston, John Davis for keeping delegates and senators informed, Terry Hoffman, Jeff Smith, and Jessica Rowley for their tireless work in identifying where this obscene material is being made available – cannot be overstated.  All of these MOVCAC team members volunteer their time and have worked for over a year and a half at getting this issue in front or our state decision-makers.  If the citizenry and our elected leaders are uninformed regarding these issues, they are unable to address it as a society or as legislative bodies.  Local Action Leads to Statewide Change.

Below are articles that were written regarding this public hearing.  Please note that none of these outlets will publish the words or pictures over which objections are being made.  If the material is okay for children in schools or public libraries, why are we opposed to publishing them for adults in newspapers or online reporting?

Obscene materials bill sparks debate at West Virginia State Capitol – 13News

A War Over Words: West Virginia schools, libraries could face charges for books deemed controversial – Parkersburg News and Sentinel

West Virginia GOP majority pushes contentious bills arming teachers, restricting bathrooms, books – ABC News

Public weighs in on ‘obscene matter’ bill being debated by West Virginia House – The State Journal

Public weighs in on bill that would criminally charge libraries for obscene material – ABC8 WCHS Charleston/Huntington

It is important to understand what organizations were represented in this hearing as being in opposition to HB 4654:

The ACLU of West Virginia
Government-Paid Librarians
West Virginia Library Association
American Federation of Teachers
West Virginia Education Association
Fairness West Virginia
West Virginia Principals Association

As you listen to the arguments of those opposed to this legislation, you will notice their great concern over the legal jeopardy in which they feel educators, administrators and librarians may find themselves embroiled.  However, it is important to understand that these exemptions for schools and libraries did not exist in our statutes until the year 2000.  I do not recall the plethora of law suits occurring prior to the existence of these exemptions.  If anything, the removal of these exemptions should put pressure on these government-funded institutions to follow the law in the same way that private citizens and businesses are required to do.

It should also be noted that local elected officials have been instrumental in educating their fellow legislators on these issues that so adversely affect our children.  Both Delegate Dave Foggin (Belleville) and Senator Mike Azinger (Parkersburg) have taken their commitment to public service to Charleston and are stalwart warriors in the service of their communities.  In addition, our patriot friend and Congressional candidate Nate Cain and his wife Melodee were in attendance.

At MOVCAC, we like to say ‘Turning Talk into Action!”  The following team members did just that on January 24, 2024:

Pierce Martin
Don Offenberger
Gail Westover
Denny Westover
Pastor Ray Eubanks

Carol Butler
Jessica Rowley
Jeff Smith
John Davis

Terry Hoffman
Steve Radabaugh
Sally Radabaugh

We must be thankful for all those who spoke on either side of the issue.  We certainly have our own positions which may be in direct contrast to the opposing side.  However, a healthy debate in our Republic is exactly what is needed.  A debate amongst citizens is the entire idea behind a Republic form of government.  Seeing that play out in our State’s Capitol is exactly what we should all want.

The following are comments received from some of the attendees to the public hearing:

“I was one of many individuals who stood before the House Judiciary Committee to advocate for the protection of the children against the grooming tool of obscene explicit materials used in public schools and libraries. While sitting and listening to the presentations, I prayed God give me your words. Here is the God moment! My presentation was the shortest but became powerful when God literally spoke His word thru me. God became the main focus. It is an honor to be a vessel for the Lord and an advocate for many children of WV. Please continue to pray for God’s guidance concerning the issue of obscene materials in school books and libraries.”

Carol Butler

 

“I believe yesterday went well with all different ideas about the books of pornography in the libraries. I felt God was in the room and we need to think only of the children and what is best for them. It is a battle of good versus evil and I want our schools and libraries to be a safe place for children and my grandkids.”

Sally Radabaugh

 

“I read some of the local and national reviews in the media that were offered after the WV House Judiciary Committee public hearing at the West Virginia State Capitol in the House of Delegates chamber yesterday morning regarding HB 4654. Over all, most of them gave us a fair shake in their reviews, although most of them did take a whack at us at the end of their entries to make it look better for the people that wanted to keep obscenity in our schools.

Folks from across our state were praying during the hearing yesterday morning. The prayer’s had an effect. Most of the comments I heard from the delegates were positive and in favor of eliminating the obscenity in the WV schools and libraries.

There were some developments behind closed doors in the Capitol yesterday afternoon that may very well be of tremendous value in so many ways about getting the ‘wokeness’ and evil out of our WV schools and libraries.

We may look back in a month or two and see what happened during the day yesterday as a ‘God thing’.

PLEASE KEEP PRAYING!”

Denny Westover

 

“Thanks to everyone who spoke in favor of Bill 4654 yesterday and everyone who has been supporting and praying for us. We have just begun to fight!

God is awesome! His mercy endures forever, and He ALWAYS causes us to triumph!”

Gail Westover

 

“As a local pastor, it was refreshing to stand with others in our community in support of soon to be Bill HB4654 to put additional measures in place to Protect our children from obscene, pornographic materials in our schools and libraries. I’m convinced we accomplished our goals of being heard and I believe growing support for passage of the bill. Praise the Lord for everyone’s efforts and may His compassion spur us on to contend for our faith.”

Pastor Ray Eubanks, III – Glory of Agape Worship Center.


There are many things we should learn from this endeavor.  The most important may be how our media has refused to report on the obscenity accurately.  Many of the delegates were unaware that this issue was present in our state.  We have tried many times to get establishment media to cover the actual pictures and text that are the subject of these objections.  It is more than perplexing that these media outlets think the material is appropriate for children but inappropriate for our public airways or written press.  Perhaps had they reported this issue in its entirety, involvement of our state legislature could have been avoided.  It is the job of the free press to accurately inform the public so that informed debate can be robust and constructive.  Instead, those who oppose the availability of this material to children were and are referred to as book burners/banners, and their efforts have been likened to Nazi Germany.  That is not constructive debate.

This is a developing story and we will update as we have new information.


AS REPORTED ON LOCAL PARKERBURG MEDIA…
Which source gives you the Complete Picture?


WTAP.com
By Chase Campbell

W.Va. House Judiciary Committee holds public hearing on obscenity bill

West Virginia lawmakers are once again considering further restrictions on so-called “obscene matter” in schools and libraries.