Why Act?

We have a lot to protect here in Monroe County, including our beautiful land and our rights as Americans. We have been blessed with a constitutional republic whose government exists by the will and consent of the people. Therefore, it is the right and the duty of we the people to correct our government when it drifts towards tyranny. As James Monroe said, “We must support our rights or lose our character, and with it, perhaps, our liberties.” Through recent bills like HB-2014 (The Power Generation and Consumption Act of 2025 [regarding high impact data centers and micro grid districts - undermining local power]), HB-4983 (limiting data center transparency), SB-648 (undermining local and individual powers to prohibit, limit, or regulate mineral extraction), and SB-686, our West Virginia state government has demonstrated that it does not care to put the people of this state first. Our rights have been preempted; our representation has been neglected; our will and consent have been disregarded; and our power has been nullified. Since our government has forsaken its foremost responsibility to guard and protect the rights and liberties of the people, we have no choice but to guard and protect those rights and liberties ourselves, lest we suffer permanent consequences. That is the purpose of this Local Bill of Rights.

So, if not us, who? If not now, when? You, as an American, have a noble opportunity to fulfill the ultimate duty to which your country calls you, and that is to secure and protect the rights and liberties of your children, grandchildren, and great-grandchildren. Please do something, because complacence, apathy, or the failure to act are statements of your assent to the injustice perpetrated by our government. Although the government exists to protect our rights and liberties, it is capable of becoming the greatest threat to them. It is our duty to keep the government in check so that the blessings of liberty may be sustained. Thus, I encourage you to be proactive and support this Local Bill of Rights. Thank you in advance.

Purpose:

The purpose of this petition is to pass a Monroe County Bill of Rights that would secure and uphold the rights of the people of Monroe County to life, liberty, property, the pursuit of happiness, and a healthy environment, regardless of public, private, political, or corporate ambitions. 

Governmental Legitimacy Defined:

All legitimate governments in these United States owe their existence to and derive their just powers from the consent of the governed. Governments exist to secure and safeguard the liberties and inalienable rights of the people by whom its just powers were received. Any system or administration of government that becomes destructive of these ends is neither legitimate, lawful, nor constitutional. 

Background and Motivation:

Historically, West Virginians have been repeatedly exploited and pillaged by corporations and industries that had no further interests besides the love of money.  Even today in Tucker, McDowell, Mingo, and Wyoming counties, extensive natural water resources are being contaminated with heavy metals, chemicals, and other toxins because of irresponsible and unethical mining interests. This has severe negative effects on the residents, private property, and wildlife.  It is an "ends justifies the means" mentality; “get the minerals and the money regardless of the harm it causes to people and communities.” If the people in those counties had any influence or authority to assert their rights, then they could prevent the extortion, exploitation, and destruction before they were victims. But of course, this is nothing new, and our situation is hardly any different.  The creation of this Bill of Rights was prompted by the prospect of a data center complex affecting us without our consent. There has been recent state legislation, namely House Bill - 2014, that strips the people, including Monroe County residents, of their volition and their rights. This has been perpetrated specifically with regard to high impact data centers and their related micro-grid districts. Here is the language of HB-2014, Chapter 5B, Section C / D which undermines local powers and consent: 

“(c) This section prohibits:

(1) Counties and municipalities, whether by ordinance, resolution, administrative act, or otherwise, from enacting, adopting, implementing, or enforcing ordinances, regulations, or rules which limit, in any way, the creation of, and acquisition, construction, equipping, development, expansion, and operation of any certified microgrid district or certified high impact data center project; and

(2) Counties and municipalities from imposing or enforcing local laws and ordinances concerning the creation or regulation of any certified microgrid district or certified high impact data center therein.

(d) Notwithstanding any provision of this code to the contrary, or any municipality’s home rule powers with respect to ordinances and ordinance procedures, including any authority pursuant to the Municipal Home Rule Program, certified microgrid districts and certified high impact data centers may not be subject to the following:

(1) County or municipal zoning, horticultural, noise, viewshed, lighting, development, or land use ordinances, restrictions, limitations, or approvals;

(2) County or municipal building permitting, inspection, or code enforcement;

(3) County or municipal license requirements;

(4) The legal jurisdiction of the county or municipality in which the certified microgrid district or certified high impact data center is entirely or partially located;

(5) Any requirement under state law for the consent or approval of the municipality in which a certified microgrid district or certified high impact data center is entirely or partially located.”

Context aside, the mountains of evidence are irrefutable that high impact data centers greatly impact communities. We could talk about their massive water consumption, their water pollution, their chronic noise pollution, their light pollution, their land consumption, their surrounding infrastructure demands, their energy demands, their harmful EMF outputs, their many adverse effects on human health, or their incompatibility with our way of life here in Monroe County. However, our greatest concern should be that we have been stripped of the ability to protect ourselves by the same government that exists to protect us. The people who are impacted by these data centers should have the right to protect themselves and decide whether or how their communities will be permanently altered. This beautiful county could easily become a miserable place to live if we kept our hands tied and our mouths shut and let any and all corporations walk all over us.

The root of the problem is not “big data” or any harmful industry, it is the over-reach and abuse of our state government. Laws like HB-2014 have aroused a lot of public outcry across West Virginia, and numerous efforts have been made to amend the laws and restore authority to the people regarding industry and corporate interests. All of these efforts have been voted down by politicians who claim to represent us, but evidently couldn’t care less about what we think. This should remind us that no power the government takes from the people will ever be returned to them voluntarily. They claim it is ultimately for our good (despite the undermining of our rights), but, as Louis Brandeis said in his 1928 Supreme Court dissent (Olmstead vs. US), “experience should teach free men to be most on their guard to protect liberty when governments' purposes are beneficent.” When our government imposes a law (like HB-2014) which promises economic prosperity and unrivaled gains, one must wonder why the same bill would strip the people of their voice if their best interests are truly in mind. We have explicit constitutional rights that are jeopardized when we are stripped of the right / ability to defend them, especially when they are left in the hands of industries and corporations that do not care to uphold them. We the people of Monroe County cannot afford to remain silent. 

WV HB-2014 is Unconstitutional - we the people have a duty: 

The West Virginia Constitution, Article 1, Section 3 says, “The provisions of the constitution of the United States, and of this state, are operative alike in a period of war as in time of peace, and any departure therefrom, or violation thereof, under the plea of necessity, or any other plea, is subversive of good government, and tends to anarchy and despotism.” In other words, no claim of urgency gives the government the right to strip the people of their rights, including their voice, their health, their land, or their way of life. Our WV state government via HB-2014, which regards high impact data centers, has preempted our rights by appealing to the urgency of economic growth and national security. WV HB-2014 is unconstitutional. 

Furthermore, West Virginia Constitution Article 1, Section 2 says, “it is the high and solemn duty of the several departments of government, created by this constitution, to guard and protect the people of this state from all encroachments upon the rights so reserved.” The government's primary purpose is to protect and safeguard our rights; thus, no other government function should take priority over that charter. But that is what has happened, especially via HB-2014; the state has neglected its foremost responsibility and replaced it with secondary policy. WV HB-2014 is unconstitutional.

The purpose of this Bill of Rights is not to oppose the state, but to reassert the responsibility the state has neglected. 

Another important clause in the West Virginia Constitution is Article 3, Section 2 which says, “all power is vested in and consequently derived from the people. Magistrates are their trustees and servants and at all times are amenable to them.” In representing “out of state” corporations over constituents (via HB-2014), our state government has failed to represent we the people. Consequently, there is an imbalance of rights; the state government recognizes the rights of “out of state” corporations as superior to the rights of its own citizens. But legally, neither party (corporations / the people) has a right to exercise their rights at the expense of the rights of the other party. WV HB-2014 is unconstitutional.

West Virginia State Constitution Article 2, Section 2 says, “the powers of government reside in all the citizens of the state, and can be rightfully exercised only in accordance with their will and appointment.” Thus, the complete and total preemption of our will and consent per HB-2014 is nothing short of a constitutional violation, especially considering the fact that WV citizens have been continuously petitioning the government for redress, only to be told to sit down and shut up. It has been proven to be a futile effort to petition our state “representatives” amidst the fray of corporate lobbyists with huge influence and lots of money (because they have lots of money). Of course, this is not the first time our state government has sold us out, rights and all, for the sake of industry and corporate interests, but I think these consequences will be some of the worst and most compounding yet. If we fail to address this problem, at least in our county, then we are voluntarily accepting our future subjection to government over-reach and tyranny. Tyranny may be exercised "legally," but it is always unjust.  

This is not a data center issue as much as it is an issue concerning the defining elements of living in a free America. 

How this Bill of Rights would function:

Directly opposing state law is an approach destined for failure. That is not the approach of this Bill of Rights. This bill does not mention data centers or any state law (besides the constitution); it does not regulate or target anything; it does not defy or oppose anyone; it simply is a bill that enumerates certain rights the people of Monroe County possess, rights that are derived from our constitutional rights to life, liberty, property, and the pursuit of happiness; rights that have consequences if violated. The bill maintains the policy that industry is welcome in Monroe County, so long as it respects the rights of our residents. It’s very simple, asserting what should be obvious to any free people. 

This Bill of Rights establishes that when industry or business is present in the people’s communities, both parties' rights must be mutually recognized because neither can preempt each other’s rights in favor of their own. In the case of a violation, it absolutely must be seen as an issue of rights violation, not a data center issue or otherwise (for the risk of contradicting existing state law... HB-2014). 

This Bill of Rights does not regulate or prohibit any industry, it simply enumerates our rights that no entity is free to violate. Thus, this BOR is not in violation or contradiction of state law and it is only functional if we choose to employ it. If we live in any resemblance to a free and just republic, our rights should be upheld over the ambitions of any violators (including data centers). 

Should our Bill of Rights not be recognized by our own state government, they would be forced to say that they do not recognize the rights of the people of Monroe County. Let’s put the onus on them to deny our rights, and possibly see them in court on the grounds of: 

West Virginia State Constitution:

Article 1, Section 2
Article 1, Section 3
Article 2, Section 2
Article 3, Section 1
Article 3, Section 2
Article 3, Section 3
Article 3, Section 9
Article 3, Section 20

United States Constitution:

9th Amendment
14th Amendment

The Declaration of Independence:

All men are “endowed by their creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed…”  

BOR Text Excerpt: 

Background and Findings:

This ordinance is enacted in response to external threats against the autonomy, volition, rights, and liberties of Monroe County residents and their local government.

Many corporations and industries are wrongly recognized by the state government as having more “rights” than the people of Monroe County. Thus, that recognition of superior corporate “rights” is a denial of the rights of the residents of Monroe County. Such a denial clearly contradicts Article I, Section II of the West Virginia Constitution which declares that  “it is the high and solemn duty of the several departments of government, created by this constitution, to guard and protect the people of this state from all encroachments upon the rights so reserved.” The duty of the state government is to guard and protect the rights of the people, not to preempt, supersede, or undermine them. Additionally, no claim of urgency exempts the state government from that charter, as validated in the West Virginia Constitution, Article I, Section III: “The provisions of the constitution of the United States, and of this state, are operative alike in a period of war as in time of peace, and any departure therefrom, or violation thereof, under the plea of necessity, or any other plea, is subversive of good government, and tends to anarchy and despotism.” Article III, Section II of the West Virginia Constitution declares that “all power is vested in, and consequently derived from, the people. Magistrates are their trustees and servants, and at all times amenable to them.” 

The people of Monroe County possess the right to protect and influence the affairs of the communities in which they live. This ordinance does not ask permission to exist; it asserts what is already true: that the people are sovereign, that magistrates are servants, and that no authority has the right to sacrifice a county or community for convenience, profit, or policy. It is the conviction of the Monroe County Commission, in accordance with the wishes of the residents of Monroe County, in the interests of themselves and their posterity, determined by the results of a public petition, that in order to protect the rights of the people to life, liberty, property, the pursuit of happiness, a healthy environment, and self governance, it is their duty to act. Therefore, upon these grounds, we the people of Monroe County, West Virginia hereby adopt this Local Bill of Rights. 

Rights Enumerated:

Right of Local Community Self-Government: The people of Monroe County possess both a collective and individual right to self-government, a right to a system of government that embodies that right, and a right to a system of government that secures and protects their individual rights to life, liberty, property, the pursuit of happiness, and a healthy environment. 

Right to Assert the Right of Self-Government: The people of Monroe County possess the right to use their local government to make law that secures and protects their individual and collective rights. Afforded by the will and consent of the governed and in accordance with the United States Constitution, the West Virginia Constitution, prudence, justice, and the Will of God, the sovereign right of local community self-government shall not be eliminated, limited, or reduced by any administration, corporation, or any other entity. 

Right to a Constitutional Existence: The people of Monroe County possess a right to function under all the protections and provisions of the United States Constitution and the West Virginia Constitution, free from the interference, interposition, intrusion, intervention, hindrance, or encroachment of any government, corporation, or any other entity upon those protections and provisions.

Right to a Transparent Local Government: The people of Monroe County possess a right to know the affairs of and the knowledge held by their local government, without any secrets held back from the county’s residents. 

Right to Be Left Alone: The people of Monroe County possess a right to privacy, which liberates them from every unjustifiable intrusion by the government upon the privacy of the individual.

Right to a Healthy Environment: The people of Monroe County possess the right to live in a healthy environment, which can only be compromised in extremely localized cases when every property owner, whose property and/or life is affected in any way by the destructive, damaging, or impactful action or project, has been fully and truthfully informed of the action or project and its consequences and has given his informed consent. The Right to a Healthy Environment includes the following:

Clean Water: All residents and ecosystems in Monroe County possess a fundamental and inalienable right to clean water, untainted by toxins, carcinogens, synthetics, and other substances known to cause harm to life and health.
Clean Air: All residents and ecosystems in Monroe County possess a fundamental and inalienable right to breathe air, untainted by toxins, carcinogens, and other substances known to cause harm to life and health. 
Uncontaminated Soil: All residents and ecosystems of Monroe County possess a fundamental and inalienable right to own, steward, and cultivate soil in this county, uncontaminated by toxins, heavy metals, or any substance known to cause harm to life and health. 
Peaceful Enjoyment of Home: All residents of Monroe County possess a fundamental and inalienable right to the peaceful enjoyment of their homes and properties, free from chronic noise pollution, chronic light pollution, chronic industrial waste pollution, or other chronic interference, intrusion, or impediment to access and occupation.

Right to Water: All residents in Monroe County possess a right to sustainably access, use, consume, and preserve water drawn from natural water cycles that provide water necessary to sustain life within the county. 

Right to Local Tax Usage and Allocation: Monroe County residents possess the right to be the sole benefactors of their local tax contributions, without the direct or indirect diversion of their tax monies to noncontributing entities or to matters that do not directly benefit the people.