10/30/2025 The Dave Allen Show on 580 Live - Matt Sutton, Tara Martinez, Rusty Webb

Goodwin Chief of Staff Matt Sutton on Christmas parade application, Independent candidate for House in District 54 Tara Martinez, and Rusty Webb on Cabell Opioids.

Episode Transcript

Speaker 1 (00:00):
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The country, the United States of America, the state West Virginia,
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(00:39):
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What we've got here is fail milk.

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He's kind of a big deal.

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I have come here to chew bubble gum and kick
out at a ball out of bulon.

Speaker 5 (00:56):
Dave Allen w Thursday Morning, Sky to you, and welcome
to the show. Senior Producer Ryan Nicholson in charge of
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(01:41):
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Thursday edition of the show. Another lovely drive in this
morning with the rain and whatnot not. As I mean,
to my knowledge, it's not as many accidents reported this
morning as there were yesterday. There were a few here
and there, though, as as you make expack it'll get
better those we head toward the weekend, of course. The

(02:02):
announcement was made on Tuesday that Canawa County would move
their Trick or Treating festivities from tonight's, which is when
it was originally scheduled, to now Tomorrow night and Halloween Night.
I had County Commission President of Ben Selango on the
show yesterday talking about the reasons why. And you know, you,
as we said yesterday, you're never going to make everyone happy,
but yes, Trick or Treating is tomorrow night, Halloween Night

(02:23):
in Canawha County, Halloween Night in Putnam County as well.
That was the original night over there, all right. Coming
up a little bit later on, going to introduce you
to someone named Terra Martinez. She's running for the House
of Delegates out of Canawha County District fifty four and
she is an independent. We're going to introduce you to
her attorney. Rusty web is going to be by the
program as well, to talk about this opioid settlement. Well,

(02:46):
you know, I don't want to call it really a settlement,
but the news that came out of Cabull County, it
can be quite confusing.

Speaker 4 (02:53):
Where does it go next?

Speaker 5 (02:54):
Rusty to somebody who's been involved in this for some time,
keeping an eye on this and so he's going to
join us to wait and on that, plus, your calls
and text are welcome to and again I promise it.
On social media, I will get into the hottest thing
going on social media in the area now and that
is the swing club controversy in Charleston. I'll get into
that coming up a little bit later on as well,
But right now I want to welcome into show the

(03:16):
chief of staff for Charles Mary Amy Shooter.

Speaker 4 (03:18):
Good one, Matt Sutton, Good morning, sir, Welcome to the show.
How are you doing by it? I am doing fine.

Speaker 5 (03:23):
First of all, Trick or Treating has been moved Knawa County,
as we said, from tonight to tomorrow night because of
the weather.

Speaker 6 (03:30):
Your thoughts, yeah, I mean it's it's the right call.
It's all about safety for kids, and that is the
number one priority in any event that you put on,
whether it's trick or treat, whether it's the Regatto, whether
it's just you know, a night in the park. It's
all about safety, especially as relates to our little ones.
And we don't want want kids out not only in
the cold and the rain, but you know, as you mentioned,

(03:51):
we have a lot of accidents that go on trig
or treats a hard night throughout the entire county for
law enforcement ems to try to make sure that people stay.
It's about safety. It's the right decision. And by the way,
it's not the first time this has happened. I mean
in that I've been with Mary Goodwin now for seven
years and we had to do this before.

Speaker 4 (04:07):
And it's the right decision.

Speaker 5 (04:09):
Was it a couple of years ago we had some
some pretty uh nasty weather that was more like storm
or as opposed to just rain there it was like
some lightning and all that kind of stuff. I think
what you know, Matt, I think what some people were
bothered by was that it was going. Now it's going
to go head to head with high school football, but
it's going to go head to head in a lot
of places. And I mean, I like what Selango said.

(04:29):
YESTERD Commissioner Selango said yesterday, maybe we should just say
it's October thirty first, no matter what, and just leave
it there.

Speaker 4 (04:35):
Yeah.

Speaker 6 (04:35):
I mean, I think, you know, we've talked about that,
and I think that that makes a lot of sense.
And but again, when it you want people want to
participate in Halloween. My my neighborhood is all kinds of
decorated and so, and the kids get excited and they
want to be able to participate.

Speaker 4 (04:48):
So make it a nice night.

Speaker 6 (04:49):
We've already all bought our candy, kids have already got
their costumes. And make sure the kids can participate and
most importantly that people can stay safe. I get it
goes against high school football. There's really not a lot
you can do about that because we're not going to
move it into next week.

Speaker 4 (05:02):
That doesn't make any sense.

Speaker 6 (05:03):
So you know, people can participate, you know tonight, I
know there's some big uh. I think it's high school
volleyball games that go on because of the state high
school volleyball tournament. There people getting there's always always.

Speaker 5 (05:14):
There's always a high school football game on a Thursday
night somewhere to Marshall's playing tonight, you know. For my
Thundering Herd, they have a game at Coastal Carolina tonight.
And the municipality is the Selango Commissioner. Silango explain to us,
you know, the municipalities can pretty much do what they want.
They didn't have to necessarily go along with what the
county said. However, it makes it easier for everybody. And

(05:35):
I'm pretty sure unless somebody tells me otherwise, that the
municipalities in Kanawa County are all going along with the
county recommendations and having their trick or treating tomorrow night.
But look, I mean there's communities having it on Saturday night,
and there's people that don't like that because they say, well,
Saturday nights the night that people go out and party
and go to bars, and we don't want the kids
out then, So you know, it's you're never gonna make

(05:56):
and there is no as I said yesterday, Matt, there
is no trick or treat police. You could go out
trick or treating in in January if you want to,
I mean, and you may not get any candy, but
you can do I mean you.

Speaker 6 (06:06):
Yeah, whatever you want. The cities can, but we we coordinate.
I know, I can only speak for the City of Charleston,
and we coordinated close with the county on this because
it does make sense, because it's a bad you know,
it's hard to you know, for you all in the
news media, it would be hard for you to stand
up here and say and trick or treat tonight is
in Saint Albans and nitro and then tomorrow night.

Speaker 4 (06:23):
It's interesting.

Speaker 6 (06:24):
I mean, it would just be confusing for people. Most importantly, again,
I know it can be I know it can be frustrating.
I understand that it can. That people have plans, But
when we make these decisions every single time, and I
know Commissioner Silango talk with Mary a good one every
single time, the number one priority of safety of kids,
and that that's it. That's that's the goal. And if

(06:44):
you want to be upset about that, I understand. I
guess I get it. But we're always going to put
the safety of kids first and that that's what this
is about. And so hopefully everybody can have a great
time tomorrow night, and when we can, we can move
on to the Christmas parade after that, right, I.

Speaker 4 (06:59):
Mean Thanksgivings in the middle.

Speaker 6 (07:01):
But I mean, I don't know like the people you know,
we just I was in the stores the other day
and it's all Christmas again.

Speaker 5 (07:06):
So I got news for you. I was in a
store that there was Valentine's Day stuff out of me
store before we get to the Christmas bread. And that's
why you're really here today. I did want to say
this and allow you to talk about this. W CCHS
Television no relation by the way out with the story
late Tuesday about a public hearing that was held Tuesday
night to discuss the presence of an adult's only establishment

(07:27):
on Greenbriar Street in Charleston. It said to be a
swingers club. Just wanted to clarify with you and i'm'll
talk about this a little bit later on. There was
a cease and desist that was sent out to them,
and according to the w CHS story was sent by
the county, not by the city.

Speaker 4 (07:42):
It is not in city limits.

Speaker 6 (07:43):
It's not in the city limits. Greenbrierce Street can get
a little bit weird going up and down Greenbrice Streek.

Speaker 4 (07:47):
Es especially now boundary weird. Boundary weird.

Speaker 6 (07:52):
Sorry, and as ken south Ridge. But you know, I
was actually literally on the phone with our Director of
Development Service, Dan Rent and when I first when I
saw the article, and I said.

Speaker 4 (08:01):
Damn, that did I miss a meeting like what happened here?

Speaker 6 (08:03):
And he didn't know anything about it, and I said,
and then I dug into the article and I said, oh, okay,
I understand what the county is doing. They do have
a Charleston address, but it's not in the city of Charleston,
so it is a county decision for them to make.
And and with anything, holding holding public hearings is always
a good idea. And so we were quite caught off
guard about it, and we kept seeing the articles and
the mayor was texting me. She was like, you said

(08:24):
the same thing, like did we miss something? You know,
this is this is the county. But uh yeah, So
for for everybody having fun with it or not having
fun with it however you want to do, you know,
it is a county decision. And and just like the
City of Charleston, the county has zoning loss and the
city has zoning loss. And that's how it works. And uh,
you know a lot of times, the the opinion of

(08:45):
what you should do, you have. You have the laws
and you have to follow them where things get out
of hand. And I don't know enough about this situation,
but I just know that zoning laws are important in
both in all in all areas, and so you know,
it is what it is. And if you think otherwise,
the argument is to talk about zoning loss and look

(09:06):
to look at those.

Speaker 4 (09:07):
And you can have that.

Speaker 5 (09:07):
They can have that discussion at another point. But but
I agree with you. All right, let's move on to
the Christmas Parade announcement coming out yesterday that I guess
applications are out there now, you asking for people sign up,
talk about it.

Speaker 6 (09:17):
Yeah, So we open the applications for the Christmas Parade yesterday.
Those applications we already got twenty one as of eight
o'clock this morning, so that probably numbers up to probably
twenty five or thirty already, and so that'll stay open
through the basically through the end of November or till
we get to about one hundred and twenty five participants.
That's about the deal number. Yeah, I would call it

(09:38):
the max number. It's the number in which we can
handle through the parade. You know, we could sneak in
a few here and there, but one hundred and twenty
five is when we try to get to. We usually
don't make it through the whole time, praying for the
application to be open till we get to one hundred and
twenty five. So make sure you get your application in
as soon as you possibly can. The Christmas Parade itself
December eleventh on at seven pm always, I don't think

(10:02):
any after mind, anybody that tries to move the Christmas
Parade to the evening time, and it has been in
the evening time, you know since Marygodwe was in is
one of the best events in town. So December eleventh
at seven pm, you're definitely gonna want to be there.
But if you want to participate in the parade, i'd
sign up today theme for.

Speaker 4 (10:20):
Because this just went live. I guess yesterday at least
that's when I got the pressure. He saw it.

Speaker 5 (10:24):
And so if you've already had that many people that
have signed up in a less than twenty four hour period,
you're going to have a lot of people sign up.

Speaker 6 (10:30):
Yeah, we usually get tow one hundred and twenty five
in about in a week or two. We have people
calling about the Christas Parade in September. I mean, people
love their parades, and I know that they also schedule
it out right because there are a lot of Christmas
brades going out throughout the entire county and in the
Putnam County and all that areas. So people try to
plan these out. We try to work to make sure
that we have you know, we don't want to duplicate nights.

(10:51):
So it is a great night. I mean this year's
theme is Tenseltown, so everybody can sparkle up, you know
you can, you know your nod to your favorite sort
of classic Christmas movies and and how you interpret the
theme of Tensiltown. But man, it's a really fun event
and I will I will forever remember the meeting I
was in with the mayor even before she took office,

(11:13):
where she said she was going to move the parade
to the night time. And I was I wasn't a
big parade person. I just not nothing. My family did,
we weren't. We weren't big parade people. So I was
just okay and didn't realize actually how impactful it would be,
not only from a community perspective, from a business perspective,

(11:34):
from restaurants. Because it was in you know, it was
on a Saturday morning. It was nice and people attended.
But this has turned into an entire two month event
basically after the parade, Yeah, I mean it, so what
the evening time Christmas Parade was the catalyst for things
like Holly Jolly Browley and like the Night because we
started to create this vibe in this atmosphere and Charleston
around the holidays, and man, it's just such a it's

(11:56):
such a great night. And you know we keep that
to about one hundred and twenty five because we've gotten
bigger before and it can last a long time and
you know when you kids need to get home and
get to bed. But it is really a fun event
and really one in which I know, you know Holly
Jolly Brawley and L like the night start first. But it
really is the one that kind of kicked off everything

(12:18):
for the holidays in Charleston and what what we have
become over the last couple of years. And so I
would make sure to get your your entry. And my
guess is is when I get back to the office
here in a few minutes, we'll be up to about
thirty or thirty five entries. We want as many youth
organizations as we can get. We love bands, we love kids,
youth sports clubs, kids' activities, and but you know adults

(12:41):
are welcome to but as many people as we can get.
We want that out there and then have a fun
evening in Charleston. That's the big that's the biggest part
about this.

Speaker 5 (12:49):
You grab some dinner, go to Holliday Jolly Brawley, swing
by light to night you know, all these things and
again you know, talking to the merchants downtown, they love it.
They love it because as you said, it was on
Saturday morning for and and it was very well attended.

Speaker 3 (13:03):
Uh.

Speaker 5 (13:03):
But this has taken it to another another level because
it's not just about the parade, it's about everything around
the parade.

Speaker 7 (13:09):
Yeah.

Speaker 6 (13:09):
I mean when you get that, you know now that
we've got the we've got all the trees up, and
you've got the I think the Charles Snary Alliance is
doing their window decorating contest again this year. And so
those type of things really add to that environment. And
to have the have the Christmas Parade uh, kind of
as the culmination of a lot of it. Then you
head into the holidays. It is just it is a
it is a really special night interest and and all

(13:32):
the bars are packed, all the restaurants are packed, retail
establishments are great, and it is a huge night. I mean,
we've had we have people when we ask and we
go out and ask sort of the you know, the
establishments downtown, like what are your biggest draw what are
your biggest revenue nights? What are your biggest draw nights?
Christmas Parade is always in the top three or four,
and and it just because it is such a well
attended event, and you know you want to you want

(13:53):
some hot chocolates from Allen's ice Cream. You better get
there early to get you to get your hot chocolate
and just come out and have a good time. And again,
I think the other thing to not to not to
go back and be a dead horse.

Speaker 4 (14:06):
With the moving of Halloween.

Speaker 6 (14:07):
We had to move the Christmas Bread one year because
of weather and so stuff happens. But book December eleventh
at seven pm.

Speaker 5 (14:13):
Speaking of which somebody asked, as there been a rain
date set, I guess we'd have to wait till we
got a little bit closer to do extended forecast and
things of that nature.

Speaker 6 (14:20):
Yes, I mean when we look at the rain dates,
we look at a lot of different things. A is
how long is it going to rain, what's the what
is the time frame? And so, But we want to
get it in kind of early in December, so we
have a little bit of time to move into that
next week if we need to. And a lot of
that has to do honestly, because when we did have
to move it two years ago, I think it was

(14:41):
our first caller to our bands that participate, the local
school bands that participate in the youth group, to say, what.

Speaker 4 (14:46):
Else last year?

Speaker 6 (14:47):
What it may have been last Yeah, know what what
do you have going on? What do you have going on?
What can you when can you participate? Because having those
bands is such a critical part of it, we always
co coordinate with them before we set a rain date.

Speaker 5 (14:59):
Somebody also said food trucks would be nice if you
could have them down there. The only thing I would
worry about would be spacing space. Spacing space is hard.

Speaker 6 (15:05):
I mean we you know, when you think about the
Chris Brad you don't have a lot of space on
any space left down down So we've got we've got
plenty of places downtown to eat.

Speaker 5 (15:13):
Go to the restaurants. Yeah yah, I mean food trucks
are nice. I love a good food truck, don't get
me wrong, but I think you're better served by going
to the restaurants. Matt Sutton, Chief of Staffer, Mayor Goodwin.
I appreciate you being here. Thanks absolute boy anytime. And
the Mayor I think is going to be on the
show on Monday. Yep, she'll be sure.

Speaker 4 (15:27):
That's her. A regularly scheduled day.

Speaker 5 (15:29):
Matt Sutton appreciate you being here nine twenty two at
Aave Island show and five Antilie brought to you in
part by Live Healthy West Virginia presented by WVU Medisine,
a podcast promoting healthy your lifestyles and to be on
the state. Check out the latest episodes wv metronews dot
com under the podcast menu. Rusty Webb coming up a
little bit later on and a independent candidate for House
Tarra Martinez coming up next, and the Voice of Charleston WCCHS.

Speaker 8 (15:52):
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(17:58):
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Dining on Hustonspizza dot com. Let's talk to Attorney Rusty
Webb coming up a little bit later on, and we'll
get to your calls and text to. Tara Martinez, independent
candidate for the House in District fifty four, joins us now,

(18:19):
good morning and welcome to the show.

Speaker 9 (18:21):
Good morning, Dave, Thanks so much for having me.

Speaker 5 (18:23):
Thank you for being here. Give us your bia. Who
is tera to just run.

Speaker 4 (18:27):
It down for us?

Speaker 9 (18:28):
Yeah, my mom said that you were going to ask that, so.

Speaker 4 (18:31):
I pretty much asked us of every candidate. I try
to be fair.

Speaker 9 (18:35):
So I am a public servant. I started serving the
state of West Virginia when I was nineteen years old
with the Public Service Commission. I've worked for the Department
of Agriculture. I've worked for the Department of Health and
Human Resources at the time as the director of the
Women's Commission. I have given a lot of my free

(18:55):
time to do work as a volunteer for the I
was the chair and vice chair of the Advisory Committee
to the US Commission on Civil Rights for West Virginia.
I am a public servant by heart, and I'm a mom,
I'm a wife, a daughter, and I am a constituent

(19:16):
of currently a constituent and a candidate for the District
of fifty four.

Speaker 4 (19:21):
So why did you decide to run?

Speaker 9 (19:25):
Being on the other side and unders have a unique
perspective of being on the other side of the legislation
that has passed at the House, in the Senate and
signed by the governor and working in state government. All
of my life, I have really dug into what the

(19:46):
needs are, working on surveys, working with individuals and having
their worst day of their life. As a director of
a soup kitchen here in Charleston. I got to the
point last session I had taken my daughter's softball team

(20:07):
to listen and to be recognized, and that they were
having a pretty controversial bill on the floor, and the
girls afterwards, after they were recognized, said, why aren't they
Why don't they ask the kids what we want and
what we need, and why aren't you down there being

(20:27):
our voice? And you know, for a bunch of thirteen
fourteen year olds to ask you to be their voice,
it's pretty significant. And that was kind of the catalyst
for me.

Speaker 4 (20:37):
So, what do you see as the biggest needs of
the district?

Speaker 9 (20:42):
Workforce? Opportunities, affordable housing, childcare for folks that want to work,
and maybe accessible and affordable childcare has been a huge
topic as long as when I was at the Women's Commission.
That was something statewide and I had the good fortune

(21:03):
of when I was working briefly as a consultant for
Governors of Justice's Office to help with getting a program
called triest Share a grant to do a pilot program
in eight counties in West Virginia and giving individuals that

(21:26):
support that they need to be able to get back
to work or to have with the opportunity to go
to work so that they're not worried about who's keeping
their children and who's taking care of their most precious asset.

Speaker 5 (21:42):
Talking to Cherry Martinez again, who is a candidate for
a House of Delegates. So Dave Alan Show and five
eighty Live is brought to you in part by your
hometown baseball team, the Charleston Dirty Birds, the Selango Law
Light the Night returning to gilmart Ballpark twenty first of
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you please get your tickets in advanced by visiting Dblightthnight
dot com. All right, so your running as an independent?

Speaker 4 (22:02):
Okay?

Speaker 5 (22:03):
Not?

Speaker 4 (22:03):
Why not as a Republican or Democrat.

Speaker 9 (22:06):
I don't belong to either party. Non affiliate has been
something that I have just I always said everyone has
to work for my vote, and I want to work
for everyone to get their vote.

Speaker 5 (22:19):
And you do realize, I mean, I'm sure you do that.
It's kind of no matter what office you're running for it.
It's kind of an uphill client, for instance, because you
don't have backing of the executive committees and things of
that nature.

Speaker 9 (22:32):
I mean, it's true, but I have been having kitchen
table conversations. Any of the Dems are doing that right now,
but for about a year and a half, I've been
having these conversations with individuals in the district, people that
I love and trust and friends, family, colleagues, and they

(22:53):
love the concept. And if you look at voting records,
folks have changed parties either from leaving Republican leaving Democrat
to be independent.

Speaker 5 (23:03):
Well, I mean unaffiliated. Independent is the fastest growing party
in West Virginia for one reason or another. And you
can you can feel in your own you know as
to why that is, but it is, I mean it
is more and more young people are registered as independent
as well. But it does make it a little difficult
on those you know, sure.

Speaker 9 (23:19):
Camp and I and I've understood that. And I've had
lots of folks who have been entrenched in politics say,
you know, this is this is going to be hard,
and that's okay. Hard work is what I've always done
and I look forward to being a pragmatic voice for
our district and just being there to listen and really

(23:43):
focus on the issues that people are telling me that
they need.

Speaker 5 (23:46):
If you are elected now as an independent, how how
would that work? Would you caucus with one side or
I mean how does that?

Speaker 9 (23:53):
It depends on who invites me. I mean I have
to wait to see who would invite me to caucus
with them?

Speaker 5 (23:58):
Okay, yeah, so that's I mean I really don't know
so that you it's you got to be invited, I guess, right,
and it's are you open to one side or the other?

Speaker 9 (24:07):
I think right now, I just want to make sure
that I'm listening to everyone. I have good relationships. I mean,
my committee is made up of Republicans, Democrats, independents, a large.

Speaker 4 (24:23):
What a novel concept.

Speaker 9 (24:24):
Yeah, so we can listen to everyone, and I even
have I think one person who's a libertarian that is
supporting me, just to I I grew up. I went
to school at Marshall goheard, go ahead and listening and
then coming up with what is best for the greater

(24:44):
common good? Is really what this is about.

Speaker 4 (24:48):
What your campaign strategy look like? I mean, are you
going to go door to door?

Speaker 9 (24:53):
You go it's a door strong ground game. You know.
If I learned anything from Mayor Goodwin was a strong
ground game will get you a lot of places.

Speaker 5 (25:03):
Are you open if there are meet the candidate type
forums or a debate.

Speaker 4 (25:10):
Or anything like, Are you open to them?

Speaker 9 (25:11):
Yes?

Speaker 5 (25:12):
Of course, what I know, we don't want to give
away too much if those things do happen. But if
you're speaking to a group of people right now, what
would you say to them about why they should elect you.

Speaker 9 (25:24):
I have over twenty years of experience of understanding state government,
working in the nonprofit sector and listening and acting on
behalf of individuals that may not have a voice, and
even teaching folks how to go to the capital and
advocate for themselves. I'm here to listen and to not

(25:49):
just listen, but actually take action. Not I've been able
to accomplish a lot in the work that I do
without how passing legislation, But just think what I could
do to help the district being in office and getting
some real actionable plans in place for folks.

Speaker 4 (26:09):
Yeah, the website or social media or anything.

Speaker 9 (26:12):
Facebook and Instagram. Right now, I'm Tara Martinez for the fifty.

Speaker 5 (26:15):
Fourth Okay, all right, you know, one of the things
that's been said about the legislative session over the last
couple of years, and you can agree or disagree or whatever,
is that the legislature has been too focused on social
issues maybe not enough on economic issues. That's been one
of the criticisms and it's really, quite frankly, come from

(26:37):
both sides. Some Republicans have said, hey, we are too
focused on these things, and some Democrats have said, we're
two hookused.

Speaker 4 (26:44):
Where are you on all that?

Speaker 9 (26:45):
I completely agree with that. I think that we need
to really take into consideration what are the needs of
our constituents will be. I know, as a constitutant now,
I want to know how we're helping the folks during
this shutdown. I want to know what's happening. Like Shawn

(27:10):
Hornbuckle says, the kitchen table conversations, you know, Speaker Handshaw
yesterday during his or I don't think it was yesterday,
but Tuesday, Tuesday, talking about how inefficiencies at the federal
level are causing great heartache and we need to as
a state step up. And I think everyone agrees on that.

Speaker 5 (27:33):
All right, I do this with every candidate that I
have on I give you the final thirty seconds. It's
not timed. I just say, give me, give me, give
me your kitchen table speech or your stump speech or whatever.
Why should somebody vote for Tiera Martinez.

Speaker 9 (27:45):
I have lived in this district for over thirty years.
I grew up in Rowne County, West Virginia, moved to Charleston,
started working for the state of West Virginia. West Virginia
has a huge part of my heart. I have worked
with some of our most vulnerable populations. I'm a mom,

(28:07):
and I want to see West Virginia citizens stay here
or come back home and help us grow our state
to be better. We can be better together.

Speaker 5 (28:21):
Jer Martinez, Independent candidate for House in District fifty four.
I appreciate you being here. Thanks, thank you so much
for having me twenty five minutes away from Tampa. Dave
Island Show on five Adeline brought to you apart by
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But why would you?

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Speaker 4 (30:47):
On twenty two minutes away from Dan.

Speaker 5 (30:54):
Senior producer Ryan Nicholson in charge of things this morning,
Bigley Pigly Wiggly Hotline three zero four three four five
fifty eight. Tony the Taylor Text three zero four nine
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(31:15):
half baths, two kitchens, three wet bars and just over
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to nine. Contact Rich the Realtor Today three zero four
nine three two seventy four eighty eight. Attorney Rusty Webb
is here. A good morning, sir, and welcome to the show.

Speaker 7 (31:31):
Good morning, Dave.

Speaker 14 (31:32):
No you here.

Speaker 5 (31:33):
I know you're dragging a little bit because you've been
doing some traveling, and so we kind of went back
and forth. I was gonna have you on the show
then not, but I do appreciate you taking time to
be with us today. I want to ask you break
it all down for us. What happened in Cable County
a couple days ago.

Speaker 7 (31:49):
Well, you recall that I think it was July fourth,
literally July fourth, twenty twenty two. After a ten week
trial in twenty twenty one, in the summer twenty twenty one,
Federal District Judge Faber issued I think a sixty two

(32:09):
page opinion that said that Huntington and Cable County did
not have a case. That West Virginia law, nuisance law
did not allow for this kind of look at drugs
and explosion of drugs and distribution of drugs, and that
didn't fall within the parameters of the law. And so

(32:30):
Cable Huntington filed an appeal to the Fourth Circuit Court
of Appeals in Richmond, which is our you know, it's
court of sort of the Atlantic Coast Conference of Yeah,
it's like Maryland, Virginia, West Virginia, North Carolina. Maybe I'm
not sure, but anyway, so they at some point they

(32:53):
asked the West Virginia Supreme Court, would you clarify that,
would you clarify your law for us? In the West
rgin Ginia Supreme Court basically said, no, we don't believe
it's factually developed enough for us to give you an
opinion on what our law is. So four Circuit said, okay,
so we'll do it. We'll do it on our own.
This was a panel, and that's going to become important

(33:15):
here in a second. So this, this panel just ruled that,
in fact, West Virginia law does incorporate the type of
legal theories that Cable Huntington has asserted and the entire
state of West Virginia has asserted as it relates to
nuisance law and you know, kind of violating the DEA

(33:40):
rules as it relates to distribution. In other words, should
have reported spikes, should have reported trends, didn't report either,
And as a result, they were supposed to stay within
these guardrails. They went outside the guardrails. They didn't report
that they went outside the guardrails. And our position, in
Hunt and Cavill's position, I should say, has been that

(34:03):
that resulted in this huge, huge opioid epidemic for which
these distributors should pay to abate, abate to clean up
the mess, to clean up the mess. So that's where
we are well.

Speaker 5 (34:17):
And I found it very interesting that you were talking
about the reporting of spikes and things like that. I
mean that that seems to be like that should be
when there's you know, major major trends maybe in one
area of the county or one area of town or whatever,
that should be something they should just jump all over.

Speaker 4 (34:31):
One would think that.

Speaker 7 (34:33):
That's exactly what the DEEA rules and regulations say, is
that you know, report to US spikes and trends as
it relates to the distribution appeals from your distributorship. And
they didn't. I mean they didn't. I mean, that's that's
the case we made, or you know, when we went
to trial, they didn't do that. And and you know,

(34:55):
I've often called it a conspiracy of thieves. Everybody's making
money up and down the uh, you know, the manufacturers,
the distributors, the pharmaceuticals, everybody's making money. Nobody's want to
report anything because then the jig is up, you know,
then the DEA comes in and says, wait a minute,
what's well, what's going on here? But anyway, I you know,
I'm I tend to get a little animated about these things.

Speaker 5 (35:19):
But you're you know, you do, but ay Valance showing five,
I know, I do. Hey, look I'm wearing my Marshall
gear today. You should be happy herd place tonight.

Speaker 7 (35:27):
So I got them always I'm always happy when the herd.

Speaker 4 (35:30):
They got the exactly right.

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Speaker 4 (35:52):
Your career starts here.

Speaker 5 (35:53):
And Rusty, I can tell you this is a case
that it got nationwide and in some cases worldwide attention
because when this came out on Tuesday, after I was home,
I flipped the TV on CNBC, you know, catch a
little business news, and they were talking about this.

Speaker 7 (36:09):
Yeah, well, if you're again. When it was tried, you know,
it was the first trial in federal court in the
United States, the one before Cable Huntington was in was Cleveland,
Kyoga County in Ohio. It settled, you know, the day
before trial. And the other irony about this case is

(36:30):
that over the July fourth weekend before Judge Faber issued
his decision, all the cities and counties in West Virginia
negotiated the settlement of four hundred million dollars with these distributors.
I mean, like, you can't make this up, the coincidences.
You can't make up this coincidence. It literally happened the

(36:55):
weekend before the decision came out. They agreed to pay
four hundred million without you without you know, saying that
they were responsible for That's the way settlement's go. You know,
they doesn't say they did anything wrong. They're just going
to do it strategically. So they settled for fore under me.
So that's you know, that's that's a West Virginia. And
then the state had previously settled. The state of West

(37:19):
Virginia had previously settled with the distributors. Uh, I want
to say about a year before that. So everybody everybody
had when when Huntington Cable went to trial, well, I'm sorry,
when the decision came out, every everybody had settled in

(37:39):
the state of West Virginia except Cable Huntington. So when
the so when the opioid moneys were distributed, Cable Huntington
didn't get any of the distributors money because they opted
to try their own case. Now again, you know, too

(38:00):
point five billion was put on the board. You know,
that's what we put on the board. So when it
comes back to trial and hopefully that'll happen and then
that you know, in the first of the year, you know,
that's that's kind of a starting point for I think
that they'll use it's two point five billion.

Speaker 4 (38:17):
All right, So where does it go now, Rusty, before
we let you go, what does it go?

Speaker 7 (38:20):
Now? Well, the reason I said about the panel is
that there's the distributors can there's a couple of procedural
things they can do. One is which they can ask
the entire the entire en banc E n B, A,
n C. Which means the whole panel, the whole Fourth Circuit,
which is fifteen judges, say hey, you look at this,
and you tell us if you think this is correct.

(38:41):
I don't think that'll work. Then you could theoretically go
to the US Supreme Court, because that's the next court
up in federal court. You have district court, Federal Appeals Court,
then you have the US Supreme Court. I don't personally
think there's a constitutional issue there or interpreting West Virginia law.
It's going to get them to the US Supreme Court.
So but that's a decision they have to make. But

(39:03):
ultimately it will it will come back to Judge Favor
for a retrial, a retrial based on now based on
the four Circuit Court of Appeals law and not what
Judge Favor had originally ruled. That's that's that's the law. Now,
that's the law of the land.

Speaker 5 (39:20):
All right, Rusty. I know, I know, as I said,
I can hear it your voice a little tired. I
appreciate you, but I know I appreciate you taking time
on your schedule to kind of dumb it down for
people like me.

Speaker 4 (39:29):
I appreciate you being here. Go get some rest.

Speaker 5 (39:31):
Okay, okay, okay, Rusty Web fourteen minutes away from ten
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Seed Dealer for details. Knock out some texts Texas, David, Earlier,
you were talking about zoning laws, which I'm going to
get back to here momentarily. Putnam County says a Texter

(40:14):
has zoning laws, but if an appeal goes against an
applicant that's friends with county commissioners, and the commissioners change
the zoning laws to truth their friends. This has happened
multiple times over the last six years. Opinion of a
texture and if anybody from the County commission and Putnam
County wants to wig in on it, I'll give you
the opportunity.

Speaker 4 (40:32):
Texas.

Speaker 5 (40:33):
I don't think anyone is more wound up about trick
or treat than the host of the show. You've talked
about it for days. The people have moved on. You're
the one with the issue, not them. And you said
yesterday you don't have kids, and you don't trick or treat,
and you didn't trick or treat as a youngster. I
only when I pick up things to talk about on
this show, I pick up what other people are talking about.
And they've not moved on. They're still upset about it,

(40:53):
and they're going to be upset about now. It's for
me not having kids. That's very well documented. And I'm
child free by choice, indeed. And I didn't say I
didn't trick or treat as a youngster. I said I
didn't particularly enjoy it just wasn't my thing. I stopped
in like second grade or so, just wasn't my thing,
you know. Just but again, I just reflect what the
what people are talking about on social media. Tex says,

(41:15):
can the Swingers Club participate in the parade? I don't know.
I'll have to ask Matt and people of the city
at Charleston about that. Speaking of the controversy over the
Swingers Club at Charleston, I'm going to get into that when.

Speaker 4 (41:28):
We come back.

Speaker 5 (41:29):
We'll take the break a little bit early twelve minutes
away from ten. You can weigh in as well. Big
Ley Pigley Wiggly Hotline three zero four three four five
fifty eight fifty eight Tony of Taylor Text three zero
four nine three five five zero zero back after this
on the Voice of Charleston WCCHS.

Speaker 4 (41:43):
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Speaker 5 (43:57):
Under back to the show nine fifty One The Dave
Island show on five any. LINE i brought to you
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Speaker 4 (44:23):
Five zero zero a textas.

Speaker 5 (44:24):
Day there was a nine to one one call last
night about a puppy tied to a rock down on
the boulevard at The. River can someone please give us
an update on this innocent. Pomp i'm fifty two years,
old AND i have to say the OLDER i Get
MARI i love animals and despise humans right there with.
You First i've heard of. It i'll check in And
i'll check to. Course Tomorrow's, friday which Means Angie gildenwater
from The Ganal Charleston Yumane associations. Here i'll talk To
angie about that. Tomorrow speaking of tomorrow's, Show Tom bragg

(44:48):
And Chris lawrence here to talk high school football Mentioned
angie will be here. Tomorrow Doctor Casey Saxonbridge valley will
stop by as. Well and It's Halloween tomorrow. Night our
sister station ninety eight to SEVEN A mountain will be
Brought cassie live from Scare View Grave school In Saint
aubans will for the final time this year talk about.
That plus you're calls and texts too coming up on.
Tomorrow showed later Today Metro News midday with Thirteen news

(45:09):
And Tonight live Anchor Mande baron and me powered By
selangel Law we're going to continue to talk to those
that are helping with food and security in the state
With Snap benefits going away On. Saturday marshall playing A
thursday night road game tonight At Myrtle beach Against Coastal,
carolina we'll talk to the voice of The thunder and
Heard Steve cotton about that and more coming up later
today On Metro News. Midday tex, SAYS i heard you

(45:31):
Mentioned Sarah izger. ONCE i also love and listen to
Her Advisory Opinions legal podcast and once texted a lawyer
friend about On Bunk blessed it's What rusty was. Talking bless,
You Rusty web for guiding this law enthusiast who try
to follow along as best we, can says A. Texter tex,
says the prudes are on a warpath In. Charleston it's

(45:53):
consending adults to whatever they're. Doing what's the big, deal all?
Right so that's that's a perfectly to appreciate the, text all.
Right so this swingers club, story all, Right so here's the.
Story it's a building On Greenbrier street out of city.
Limits As Matt SUTTON i talked about earlier in the.
Show it's On Greenbrier, street but it's out of city.
LIMITS a public hearing was held about It thursday night

(46:17):
because some people are upset about its close proximity To
Capitol High school and also a. Church, now the owners
of the place it is a company Called Creative CONNECTIONS,
llc was sent a cease and assist order by the
county In. July now, again the public hearing was held

(46:38):
about It tuesday. Night the club has about two hundred
and fifty. Members it's a sticky situation. HERE i could
have used a better word than.

Speaker 9 (46:46):
THAT i.

Speaker 5 (46:47):
TALKED i did talk with someone from the county a
little bit earlier BECAUSE i had, questions not about membership,
NECESSARILY i. DID i have joined, it by the, way
under the NAME.

Speaker 9 (46:58):
Tj.

Speaker 5 (46:58):
Meadows i'm only saying that Because meadows is setting right
here beside.

Speaker 4 (47:03):
Me, NO i did not do. It i'm not turning
your microphone. On i'm not.

Speaker 5 (47:05):
Ready I'm i'm not ready For i'm, Kidding AND i did.
NOT i did, not all, Right but it's about about
two hundred and fifty. MEMBERS i did talk with someone
with the county earlier this, morning and they tell me
that because of the proximity of the club to the
church and the, school that is a direct violation of
county zoning. Laws, however the owners of the club have

(47:30):
said it's a private social club and it operates or
meets or whatever as it. Were after like eight o'clock at,
night and so it's not open when a church or
a school is in. Session they also don't sell food or.
Drinks they do no local, advertising although they're welcome to

(47:54):
sponsored the. SHOW i, mean it's a. If let me just,
say is if it is a, violation as it was
explained to me by somebody From Canawg county earlier this.

Speaker 4 (48:05):
MORNING i was on the phone.

Speaker 5 (48:06):
With if it's a violation of zoning, laws then in my,
opinion the county has every right to shut it. Down
and As Matt sutton said in giving his, opinion again
this is not in city. Limits but he was, saying,
look if it's a violation of zoning, laws then work
to get the zoning laws, change if that's what you
want to. DO i, MEAN i get. That but if
it's a violation of zoning, laws you, know case.

Speaker 4 (48:25):
Closed so.

Speaker 5 (48:29):
You know where does it stand right? NOW i presume
it's shut down and The Canal board Of appeals has
thirty days to issue a written opinion on the. MATTER
I i just think MAYBE i should have Kept Rusty
webb on the phone a little bit. LONGER i just
think that it's going to be interesting to watch this,

(48:49):
case because again Knag county is saying in the seas
and desist order that it's too close To Capitol High,
school it's too close to a church, there and we've
seen this in the, past things like strip clubs and
adult bookstores and things of that. NATURE i w one
hundred percent get that AND i respect. That, however it's
just interesting interesting to me if it's not a so

(49:11):
if it's not open to the public like a strip
club or an adult bookstore would, be it's. Not no
one can just walk. In it is a private. Club
and according to the story that was first reported by
w C hs, television there's the windows are. Covered you
wouldn't know what was going. ON i, mean as a
matter of, fact it's been open for a. While apparently
people were, driving BUT i didn't even know what it.

Speaker 4 (49:28):
WAS i don't.

Speaker 5 (49:32):
KNOW i, MEAN I i JUST i don't know how
that how that. Works texas they're getting advertising now the
strisand effect as a texture with the Huge texas with
the huge pushing of the transgender stuff down people's. Throats
now The swingers club near a school in the, church
you cannot tell me it was not intentionally open. THERE
i don't know whether it was intentsally open there or.

(49:54):
NOT i don't know anybody involved in. IT i don't
HAVE i don't have any idea on.

Speaker 4 (50:00):
The trick or. Treating text, says how about a compromise tomorrow?

Speaker 5 (50:03):
Night uh for parents both kids a trick or treat
and also a high school football. Age why not have
a trunk or treat in the? Parking lots of tracks
around the, field it says a texture T. J Meadows
and by the, WAY i was just kidding. Teaching my
wife heard, that calmed, down calmed down and called down MISSUS.

Speaker 4 (50:21):
TJ. I you Know i've. Joked you're, Joking i'm.

Speaker 14 (50:25):
Joking you want my opinion on, That, SURE i don't like, It,
okay personally it goes against my, beliefs then don't. Go
but you know, what my beliefs don't pertain to the.
Law so here's WHAT i. Say what does the law?
Say and if it violates zoning, laws close it. Up

(50:45):
i'm one hundred percent with. You and here's why you
talked about the school. Thing you talked about the church.
THING i don't know how many houses are near this
or what, neighborhood if anyot's. IN i, think what do
you think that's going to do to the property value
of those? Homes necessarily if someone would.

Speaker 4 (50:57):
Have been open for some time, though and apparently.

Speaker 14 (50:59):
People people didn't know what us they. Do, yeah, yeah
it can have. It that's the whole point of zoning.
Laws it can have an effect on other people's. Property
go open this place somewhere like you would, like you,
know if somebody's going to do a nudist colony or
whatever they're gonna, do they can go out in the
middle of nowhere where it doesn't affect on the.

Speaker 4 (51:13):
Right and AGAIN i don't HAVE i don't have an
issue with.

Speaker 5 (51:16):
That i'm just interested from a legal perspective on how
it's going to play. Out, okay because it's not a
business per, se strip clubs or, businesses adult bookstores or.
Businesses this is not a business business don't. Sell it's
a private. CLUB i JUST i think it's an interesting.
Argument text, says you know what's worse than the transgender,
Stuff christian stuff being forced down our.

Speaker 4 (51:33):
Throats that's a TEXTURE i just.

Speaker 5 (51:36):
SAID i don't THINK i think that was aimed At,
NO i don't think that was aimed at. YOU i
think that was aimed at the other what's the? Laws
the rule of law will do it in ninety nine
point nine percent of. Them but BUT i, say and
Again i'm Not i'm not an, attorney nor DO i play.
ONE i am just saying THAT i think that law
applies to people that are. Businesses and, uh but.

Speaker 4 (51:54):
It ain't my place to. Decide so there you. Go
let's go have a court. Kiss, yeah there you, go
there you. Go all, right what you got on The
Big show? Today you're flying solo, Today.

Speaker 14 (52:02):
Man flying solo. Today mike Pushed cointeno six on snap
and other. Things Jared halprin from The White house ten thirty,
Three Brand dayton of The West Virginia.

Speaker 4 (52:10):
Chamber they have.

Speaker 14 (52:11):
Opinions on WHAT i would call The Make electricity More Expensive,
Act so we'll get into that and much much.

Speaker 4 (52:18):
More he do be here today.

Speaker 5 (52:19):
Too you're gonna address how much this company hates, coal
according to certain.

Speaker 4 (52:23):
LEGISLATORS i am the chief. Environmentalist are you kidding? Me
we hate Cole are?

Speaker 2 (52:27):
You are you?

Speaker 4 (52:27):
Serious right?

Speaker 5 (52:28):
Now sold that to somebody who will buy? It all,
Right gotta go see you later today For Metro News.
Midday for our Producer Ryan, Nicholson thank you so, much
see you here, tomorrow so then have fun to love
somebody you.

Speaker 2 (52:51):
SEE hsam ninety six point, five Then charleston one oh
four point five cross. Laying would YOU Vrc Media. Station
we're proud to live here, too