CHARLESTON, W.Va. (AP) — A West Virginia circuit court judge has dismissed a lawsuit filed by the owner of a luxury limousine business alleging he was essentially barred from attending a House of Delegates committee meeting during the 2021 Legislative session because of COVID-19 restrictions.
Kanawha County Circuit Court Judge Joanna Tabit wrote in her order that Robert King’s complaint is “defective in its entirety and must be dismissed for lack of standing.”
Tabit said King, owner of R&R Transit, a Morgantown-based company that provides luxury limousine transportation services, failed to effectively demonstrate how he was harmed by the restrictions.
Attorney General Patrick Morrisey, whose office represented the state in the case, said Wednesday that governmental entities must always provide avenues for the media and the public to attend and witness public meetings.
“Even with the past COVID restrictions, the House of Delegates had appropriate checks and balances in place to ensure the public could remain informed and actively participate in the democratic process,” Morrisey said.
King filed suit against the West Virginia state House of Delegates and the House Government Organization Committee on June 9, 2021, alleging the bodies violated the Open Meetings Act.
The Government Organization Committee held an official meeting at the Capitol on March 23, 2021, and discussed House Bill 2890, which was related to the Public Service Commission’s regulation of luxury limousine service providers.
King argued COVID-19 restrictions essentially prevented him from attending the meeting in person. At the time, members of the public were able to be in the Capitol by appointment-only. Members of the media were able to attend meetings, which also audio-streamed.
King alleged that technical difficulties in the online audio broadcast impaired his ability to monitor the deliberations.
Even if there were technical difficulties in the online broadcast, the state said King still could have taken other steps to participate in the legislative process leading up to the enactment of House Bill 2890. The bill was discussed during numerous meetings before it passed both the House and Senate overwhelmingly. The law was signed by the governor April 26, 2021. It took effect July 6, 2021.