Friday, June 19, 2009

We arrived in Prestonsburg on Monday evening to meet and have dinner with Brittany Combs, the new Floyd County organizer for Kentuckians for the Commonwealth (KFTC). She decided to take the job as an organizer after working for an oil drilling company and feeling ashamed of her company's role in pushing people from their homes. As a Floyd County local, she's excited to be working in her hometown and in a great position to begin organizing communities. Immediately following dinner she took us to the KFTC Floyd County Chapter meeting, which was a semi-intimate gathering of about 12 people, representing an array of communities within Floyd. Cloe, Alvin and Caitlin were asked to give a quick presentation explaining why we had come to Floyd county and what we hoped to get out of the week. This was the first in a long line of presenting ourselves everywhere we went throughout the week! The meeting was not terribly impactful aside from giving us insight into some of the issues in Floyd, but it did allow us to meet some people whom we later spent time with throughout the week. More on that later!

We spent our week living in the trailer of Rick Handshoe. He had lived in the trailer until the blasting from a contour mine came too close to his home, at which point he moved up the hill and across the road to a larger trailer. He had planned to build a home on his property, but in the midst of the devastation from the mining, he realized he was better off settling for a trailer. Rick has lived in Floyd County his entire life and feels a close connection to it. Until Brittany was hired, he served as an unofficial organizer in the area. In his fights against the dust and unlawful mining practices surrounding him, he has become well-versed in filing reports, writing letters, and meeting with the big wigs since he rarely sees results or respect coming from working directly with the coal mining. He currently attempts solely to get the laws enforced. Once that happens, he feels he can begin working on getting them changed.

His current efforts are directed mainly at dealing with a devastating flood on Mother’s Day weekend of this year that sent orange water with chemicals and heavy metals through the creek on his property as well as streaming through the fields and vegetable patches of residents throughout the region. The flood was made worse by the runoff from the stripped mountaintops and the breakage of a silt pond. “I didn’t report it for 17 days,” he said, “because the inspectors were in there every day; but they never reported it.” This was one of many examples of the inadequacies of the officials in following regulations at the mining site.

First thing Tuesday morning, we joined Rick for a hike so that he could show us the mountain top removal site which is easily seen from the top of the mountain behind his house. After seeing how extensive the MTR is behind his house, it was easy to understand how the constant blasting in close proximity to Rick's home had caused physical and mental distress and unsettlement, especially as the worksite edges closer and closer to his house. Rick pointed out that our presence at his trailer indicates to mine workers that outsiders are paying attention to the mine, so they often reduce the blasting and take better care to reduce the dust on the roads from the coal trucks when Rick has guests. We experienced a bit of the animosity from the mine workers in the afternoon when a truck that was blocking the road to halt traffic during a blast stopped right out front of Rick's house and continually revved his engine for about 3 minutes.

We were invited to the Wayland City Council Meeting in the evening. Wayland is a small town in Floyd County that is affected by polluted waters seeping from abandoned mines and may have an MTR site in the near future. We quickly sensed tension coming from the city council members as we entered the meeting. We had heard that the previous city council meeting was very unruly and hostile (a council member told a resident voicing a concern to shut her mouth). As residents brought up concerns, including coal trucks on the roads and abandoned homes, the council members met them with excuses and no promises to try to work on solutions. The council members were intimidating, but the residents were organized, polite and straightforward. While it still didn't seem like the city council members were very concerned with being proactive about issues brought before them, we later learned that the meeting was somewhat positive in that there was a better level of respect and order than had been there in previous meetings, probably due in part to the city attorney who was asked to be present to keep a sense of order throughout the meeting.

Following the meeting we were invited over to a couple's house nearby, Larry and Anna, where we were able to relax and enjoy their company and share stories for hours. We had a great time talking about the meeting and what their experience has been in Wayland thus far, and the hospitality they showed us was amazing. We all agreed that it really reminded us of our time in Thailand the way they took us in and genuinely enjoyed having us there and making us feel as welcomed as possible.

Wednesday we set out to talk to Brittany's grandma Joesephine Martin. She is in her 80s and has lived in Wayland her entire life. She was able to tell us of the changes in the region over the years. In her childhood, she swung on grape vines in the woods and ate huckleberries (wild blueberries) from the mountains. This is drastically different from the current reality of topless mountains. She talked of all the visitors who used to flock to the region to look at the beautiful mountains and wondered whether anyone would ever come again if the mountains continue to be destroyed. MTR hasn't specifically moved into the town of Wayland yet, but it's residents are feeling the effects nontheless.

After leaving her house we went down to the Wayland Historical Society, which houses a collection of things donated by people in the community just to showcase the history and culture inherent in Wayland. A man named Jerry Fultz runs the society full-time, and we were able to get his perspective on what the Wayland community means to him. He has the utmost dedication to preserving and building up the community. When we explained why we had come to eastern Kentucky in the first place, his initial response was a very honest "I'm not saying I'm for coal mining, but I'm not saying I'm against it either." He went on to explain how he wasn't a fan of removing mountaintops but he understood its necessity for the region. We asked basic questions about changes he's seen in Wayland since the shift from deep mining to mostly strip mining. As we were talking, he began to think about things in a different way and expressed that he was really being challenged to make connections he hadn't made before in regards to the effect of MTR in shaping the community. It was powerful to witness such an emotional and honest process. He was truly looking at mining in Wayland in a way he had never considered before.

After talking to Jerry, we headed up the street back to Larry and Anna Tignor's for the KFTC Wayland Community meeting which also included a potluck dinner! We again explained to the community what some of our ideas were for helping facilitate community empowerment and working together to explore alternatives and ways of reacting to issues specifically related to MTR. Those present at the meeting focused first on thinking of reasons why they love Wayland, one of which was "because WE grew up here." They talked about what is important to preserve in the community. Everyone emphasized the improvement of the city council meeting from the night before over the previous month's meeting. It is important in the early stage of organizing to see and acknowledge progress and successes. We saw community members coming together to make the community a better place. Moreover, they discussed ways to improve relations with city council members, thus indicating their understanding of the importance of communication and unity within the community. There was a positive atmosphere in the way they collaborated, and the meeting ended with individual members initiating that they meet even more regularly than scheduled by KFTC to continue their efforts in creating change. After the meeting a small group stayed around to talk and socialize at the Tignor's again, this time with a slightly larger crowd, hence more bonding!

Thursday morning we had the opportunity to sit in on a groundbreaking courtcase regarding MTR. Residents of the town of Allen joined forces to sue Frasier mining for issues with dust. Sister Kathleen, whom we'd met the first night at the Floyd Chapter meeting, talked us through the deliberations. At the end of the hearing it was determined that the coal processing company on defense had 21 days to rectify the situation by enforcing policies to avoid excessive dust and other issues the community was having to deal with. There were 100 people (60 different families) represented in the hearing, and the judge made a special statement indicating this was the first time a coal company had attempted to come to an agreement with the prosecuters, thus ending the ruling in favor of the community members at the coal company's expense.

Caitlin, Cloe and Alvin went to breakfast with Sister Kathleen and Barbara, another woman dealing with MTR near her home. We were able to discuss what we'd been seeing in the communities and receive honest feedback as to how we could be effective in our work with the communities. She took us on a grand tour of strip mine-related destruction in the county -- places where water had been contaminated or where flooding had caused the silt ponds to break and run down the mountain side, contaminating natural streams that were once usable as clean drinking water. We also went up a cell phone tower road to the top of a mountain overlooking a massive slate dump. When we met Sister Kathleen on Monday she had expressed the intensity of her week and that she would have little time to spend with us. However, she took home a copy of the Gold Mine report and read it before seeing us again at the hearing. She was very impressed with the power of the report and her offer to spend the entire day showing us around and discussing issues with us is indicative of her appreciation for the reports as well as her excitement for our possibilities working with local communities.

Donnie and Judy Combs, Brittany's father and stepmother, were both born and raised in Wayland. We met with them on Friday morning to learn what it was like growing up in a town centered entirely on mining. Donnie himself worked in a deep mine for roughly 15 years before having to quit after a serious mining injury to the head. The more time we spent in Wayland, the more apparent it became that coal mining goes hand in hand with Wayland and always has. In fact, Wayland was initiated by Elk Road Mining Company and identical homes were built lining the streets housing only mine workers and their families. A local "scrip" currency was used, where residents could purchase goods at the local store, attend the local theater, or have a visit from the local doctor. The entire community was run by the company. Judy talked of men dying in the mines and the company evacuating their wives and children to the streets within a day with no money, food, or a place to go. Mining is a way of life in Wayland that cannot be easily opposed. What is needed in Wayland is unity and understanding among community members and respect for the basic necessities of every individual.

On our way out of Wayland, we stopped one last time to talk to Jerry. He emphasized the need for our work to lead to action. "Whatever you do, it must give us a way to move forward and pick our community back up" he said, indicating a row of reports on his shelf that were sitting there unopened and ineffective.

Our last exchange of the week was spent with Kathy Curtis, a member of Maytown in Floyd County. "We're a third world country here," she stated, citing the impoverishment and conditions of families in the region. She felt a way for empowerment was through providing ways to work in the community but not within the coal industry. Students leaving school must be told about the well-paying options to weatherize homes, work with solar or wind power, or take on a profession entirely unrelated to the energy industry. According to Kathy, "The Appalachian people are used to being invisible, they have been trained to be invisible...We're teaching the kids now, you can't even get a job, you can't even hold a job at McDonalds." She was adamant that the people of Floyd county must be picked up and empowered. She sees a great ability of a human rights approach to empower the people but felt strongly they would first have to be convinced they had rights. Moreover, like Jerry said, our work must lead people to action or it will not be effective.

Saturday was the day we'd all been waiting for, KFTC's Land Reform Committee meeting. The meeting was held in Hazard, the so-called epicenter of MTR, as was evidences by the massive amount of mining visible even from the center of the city. We witnessed the workings of KFTC and heard updates regarding Floyd's surrounding counties. After a presentation given by Caitlin, Alvin, Cloe, and Shin, who arrived to represent ENGAGE, the committee accepted us as partners with KFTC to complete our work. We emphasized the participatory emphasis of our work, the power of a human rights approach, and the possibilities we hope to create through partnerships between ENGAGE, SEEC and KFTC.

During the drive home, Rick brought us past his childhood home where his parents still live. The opening to an active underground mine lies just 200m away from the house and for the first time we were able to witness the devastation coming from deep mining. The house has had 3 wells drilled, and each is filled with methane gas, although the inspectors say "They're safe, just don't smoke [cigarettes] by them." Runoff from the mine pollutes the stream where his nephews play upstream and the dust covers his father's porch.

In just a week living with residents in Floyd County, we built relations like those created in Thailand and heard stories of polluted water, harmed health, compromised homes, and decimated landscapes resulting from mining, similar to the results of development projects in Thailand. The use of a human rights approach to combating development projects in Thailand was hugely powerful. Likewise, the human rights project tailored to the needs of Floyd County will serve to empower communities and create understanding and unity among individuals, many of whom are currently divided on deep-rooted issues of mining in the region.

Sunday, April 12, 2009

ESCR Summary Assessment #1

When asked why they did not move, all of the people we spoke with cited two primary reasons—cultural and economic. Economically, they argue that the land has depreciated in value, which would make it difficult for them to make enough money off of the sale to move to another comparable place. In addition, few people would be willing to buy the property due to its numerous problems with the mines. Culturally, they have lived on the land for generations and identify themselves with the creeks and mountains that surround them. In many ways, they are of the land and feel a strong bond with it that transcends the mere beauty of the scenery. The other people who live around them have lived on that land for similar amounts of time, meaning that families have grown up together and have an enduring sense of community.

More research is necessary before we can make a full assessment, but at this point, it’s pretty clear that the people of Hueysville and Handshoe have endured and continue to face significant human rights violations. Worth exploring further are rights associated with housing, water, food, health, culture and economic self-determination.

Day Two, March 31, Hueysville (Floyd County)

We returned to Hueysville and spoke went and spoke with Lowell, another key leader who works with Rick. Lowell and his family have also lived in Floyd County for numerous generations—in fact, he and Rick are family. The two men showed us around the property, including a place behind Lowell’s house where the mining company stripped the land of any trees or top soil but did not mine it. For various reasons, they decided that it was no longer necessary to get the coal that was in this particular section of land. The land is now seeded with grass that is not native to Kentucky; the grass will probably die soon. This grass covers an area that used to be filled with trees. Lowell described how he used to know all of the best places to find rare mushrooms that only grow in this area and how many of these have been stripped away now. After the company stripped the hill of trees, it built a pond on the land in order to catch and hold the run-off from the hill. This pond was a strange color and smelled a bit like sewage—Lowell and Rick spoke of how the water was filled with so many chemicals that it was eating through some of the metal pipes lower on the hill.

Like the others we spoke with, the damage done to Lowell’s property through the mining is not limited to the land—explosions have affected his home to the extent that his floor is now buckling and no longer even. This is a result of foundational damage caused by the blasting of the nearby strip-mining work. He estimates that it would take close to $8,000.00 for repairs.

Day Two--31 March, Handshoe (Knott County)

On Tuesday, Rick took us a few miles away—just across the Floyd County-Knott County line—to meet members of his family that have been affected by a deep mine operation. His sister, Deb, and her husband along with their three children live in a house across the street and over a creek from their father, Clinton Handshoe. This was the place where all the children were raised and is actually known on some maps as “Handshoe” due to the long presence of the family in the holler. The mine operates day and night and is a little over 300 feet from Clinton’s doorstep.

We first spoke with Deb, who told us about the problems with water she has had as a result of the deep mine less than 200 yards from her house. Prior to the mine, they had one well that provided them with water for years. Since the mine has been there, they have had two additional wells that have all caused significant problems and negatively affect the health and well being of her and her children. They were told that the current well is safe and will not have the problems with methane that the others had, but at the same time they told her that it would be unwise for anyone to smoke around the well. Methane has no scent, but it’s highly explosive and poisonous.


The effects of coal dust from the mine site on her two young children (ages 6 and 4) are a huge source of concern for Deb, who is a respiratory therapist. She has noticed a consistent cough and respiratory problems in herself and her children, which she believes is a result of the large amount of coal dust that blows from the mine. The dust has also caused sties to form on her 6-year-old son’s eye, which the eye doctor confirmed as being a result of the coal dust. The large amount of coal dust that coats their house also means that they must spend a great deal of time washing the house and anything that might sit outside—toys, a trampoline, etc. She described her children’s hands and feet as being black whenever they play outside, meaning that they must limit their time outdoors for their safety. There have not been adequate studies on the effects of methane or the coal dust on the children, something that the entire family worries about.


The wind is another problem that has resulted lately due to the mountain top removal that also surrounds their land. While these are no longer active, the removal of the trees and top soil means that the wind speeds have significantly increased—prior to our arrival, there was a windstorm so severe that it blew the large and heavy trampoline from one side of their house, over the house, finally landing in the creek nearby. The son is now so frightened by the wind that he requested that we go inside as soon as the wind picked up a bit. Deb said that she and her sons were forced to stay in the closet all night during the high winds.

After speaking with Deb and her son Gage, we went and met Rick’s father, Clinton. He has lived on his land all of his life and feels a deep sense of connection to the land and the community that has been built on it. He remembered times where he and his wife would sit out on their porch and watch the animals come down the hill. He said that neighbors saw him there so often that they called it his “roost.” His schedule was based on a life lived outdoors and with a deep sense of connection to the people and landscape.

Now, due to the deep mine, he is unable to spend much time outdoors due to the amount of coal dust in the air. The noise and harassment he has directly experienced as a result of the miners has also been a problem that has negatively affected his quality of life. He described several instances of harassment and intimidation by the miners.


Due to other health concerns including emphysema and stomach cancer, his health is precarious and fragile. The stress of the mines has led him to use anti-anxiety medication as a means of coping; in addition, he must also leave the holler every now and then in order to escape the constant stress and coal dust on his already weakened lungs. The place he once knew as home is now a stressful and unhealthy environment.

The large amount of coal dust in the air also means that they are unable to grow their own food, something that the community members had previously relied upon for a large portion of their diet. Clinton and Rick showed us dozens of containers of canned food ranging from tomatoes to venison that they had grown and canned themselves. During growing season, the dust now covers the crops.


Day One--30 March, Hueysville (Floyd County)

As he stepped out of his home to greet us, Rick Handshoe tells us that the coal company will notice our car in the driveway. Us being there means that the coal trucks will slow down. He tells us to put our bags in the trailer across the road; he likes to house guests there so that they might have the chance to feel a blast from the explosives used to blow off parts of the mountain face above his small community of Hueysville.


Rick, an organizer and affected member of KFTC, lives on Kentucky’s Route 7, a windy mountain road that runs barely fifty yards in front of his house . His home sits on a hill and faces the state road that Miller Brothers Coal Company uses to transport the coal and other machinery from their nearby mountain-top removal mining sites.


Until recently, laws and other regulations designed to prevent dust and mud from leaving the mine site were neither followed nor enforced. The results have affected his ability to live a normal life. Rick believes his property value has depreciated due to the proximity of the mine as well as the debris and noise that result from this operation. In addition, he is unable to grow any food in the garden as he and his family have traditionally done due to thick covering of dirt and other unknown substances that coat everything outdoors.



The blasting that occurs multiple times a day has been so strong that it has cracked the foundations of his two trailers, forcing him to actually move from one to the other, which he now occupies. This blasting, aside from the frightening and sudden sound that has knocked objects off the walls, also has a directly negative impact on his belongings. The movement of the foundation has created cracks in the walls, separation of pipes, and the separation of his porch from the trailer. All of these things have resulted in Rick being disadvantaged economically in a way that he has no control over except through the organizing work he does through KFTC.



Rick was our guide during our time in Floyd County and took us on a hike around his property to show us the results of the mining first hand. The land surrounding his has been strip mined with little regard to the impact it has on the people. He told us more about the ways the mining companies took advantage of a people he described as being trusting. According to him, the mining companies would pay individuals and families (depending on how the ownership of the land was divided up) a few thousand dollars for the rights to the land for 5 years. After that point, if they had not found coal, they would get the land back. For people in the area, this seemed to be a good deal. However, they would only sign the last page of the agreement. Then, the company would take the last page, detach it, and attach it to a new lease, which stated that they had these rights for 15 years. Rick stated that he found out about this when he was fined for trespassing on his own land after the 5 years had ended. This sort of manipulation, according to Rick, has been the companies’ standard way of dealing with the people in the county.

Sunday, March 29, 2009

Welcome to the ENGAGE/SEEC Human Rights Project!!!

Welcome to the ENGAGE/SEEC Human Rights Project blog! We have created this blog so that participants in the project and others doing this work (or interested in doing this work) can learn from our process and experiences in planning and implementing the early stages of an Economic, Social and Cultural Rights project in the United States. 

The ENGAGE/SEEC ESCR team has been together since January 2009. In mid-February, we were able to identify an organization--Kentuckians for the Commonwealth (www.kftc.org)--that has helped to facilitate our work with community members in areas impacted by Mountain-Top Removal, a violent coal-mining process practiced throughout Appalachia. Check out KFTC's website and www.ilovemountains.org for more information.

During the next few days, Allyn Steele and Lindy Bunch from SEEC will be meeting with community members in Floyd County, KY, and blogging about their experiences in order to create a shared effort and seamless pass-on between participants. Over the weekend of April 03-05, more ENGAGE members will spend time with KFTC members along Montgomery Creek (near the community of Vicco--close to the Knott County/Perry County line).  

The goals of these two visits are to (a) introduce KFTC members to the idea of framing their struggles within a Human Rights framework, (b) deepen ENGAGE/SEEC's understanding of the community members' stories and (c) to solidify a relationship with KFTC in the hopes of creating a more sustained ESCR project (which will be decided on April 18th by KFTC's Land Reform Committee). We hope that our pictures and entries will be helpful to the process of creating the ESCR reports.

Make sure to follow along over the next week to learn more about the stories the group learns from KFTC's affected community members. Also, feel free to contact either of us with questions or comments.

Allyn Steele (864.205.2047)
Lindy Bunch (803.331.8680)