Now that Gov. Jim Justice has ordered West Virginia’s schools and businesses to resume operating at pre-COVID capacities, lawmakers want the governor to extend that same opportunity for people looking to access the Capitol.
Eighty-two delegates signed a letter written by Delegate Evan Worrell, R-Cabell, on March 5 telling Justice it is “past time” for West Virginians to be able to again access the Capitol.
The Senate hasn’t taken any formal action of its own, but Sens. Mike Woelfel, D-Cabell, and Mike Caputo, D-Marion, called this week for the governor to lift restrictions on access to the Capitol. In the letter, Worrell quotes the West Virginia Constitution, saying the right of the people to peacefully assemble “to instruct their representatives, or to apply for redress of grievances, shall be held inviolate.”
West Virginians largely have complied with the terms of the governor’s emergency restrictions and mandatory mask and social distancing requirements, and coronavirus cases are declining quickly, Worrell wrote.
“We believe that this is time to restore full transparency and open the Capitol back up to the people,” he said. “It is more important than ever to ensure the voices of West Virginians are heard as we work together to rebuild our families, small businesses and our state.”
In December, the governor ordered all elementary and middle schools in West Virginia to reopen in January.
On March 5, Justice announced that he was lifting capacity limits on bars, restaurants, gyms, retail centers and museums, meaning they could operate at pre-pandemic capacities. The governor’s reason for loosening capacity restrictions were that West Virginia’s virus case load was declining and its vaccination rate was increasing.
The same day, as Justice hosted a news conference announcing the lift, Caputo addressed the Senate.
While Caputo disagreed with the governor’s decisions to lift restrictions, he said there shouldn’t be any exceptions made for lawmakers serving in “the people’s house.”
“He made the call to open up West Virginia and put people in a situation I don’t think they should be in,” Caputo said. “But if everybody else has to go to work and deal with the public — we are not the elite. We should not be treated any differently, and the people should have access to their Capitol.”
It was for those reasons, Worrell wrote, that Justice should allow 100% capacity at the Capitol.
“As you start to ease restrictions on restaurants, businesses and schools, we, the undersigned, also recommend that policies and directives issued that have prevented West Virginia citizens from accessing the State Capitol during the 2021 legislative session, as their constitutional right under Article 3-16 of the Constitution of the State of West Virginia, be rescinded as well,” Worrell wrote.
Woelfel quoted the same section of the constitution Wednesday, saying lobbyists have been welcome in the Capitol but members of the public couldn’t access their representatives.
“As we sit here today, we violate the constitution of West Virginia by locking the doors of this building,” Woelfel said. “I walked in this morning, and the building is closed. I saw the sign. We’re violating the constitutional rights of every citizen in this state. Is it going to take a lawsuit to open this place up?”
Justice ordered the West Virginia Capitol Complex closed to tours and nonbusiness visits on March 18, 2020, until further notice, and the Capitol has not been open to the public since then.
A spokesperson for Justice did not respond to an email sent by the Gazette-Mail on Thursday.
People entering the Capitol have been restricted to staff and others there to conduct the state’s business, including lawmakers. Members of the news media are permitted in the Capitol and have access to legislative proceedings in the House and Senate chambers and committee rooms on a limited first-come, first-served basis.
The session also has been accessible via livestream and video conferencing, with legislative committees having members of the public and experts videoconference into meetings.
The 2021 legislative session is more than halfway over. The session began Feb. 10 and is set to adjourn on April 10.
