Kentucky official lays claim to newspaper's name

By The Associated Press

05.20.02

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INEZ, Ky. — An Eastern Kentucky newspaper that has become known for doggedly reporting on drinking-water issues may have little else to use for identification purposes.

An Inez official, wearied by stories in the Mountain Citizen, has laid claim to the name.

John R. Triplett, chairman of the Martin County Water District board of directors, sent a letter to publisher Roger Smith last week demanding that the newspaper stop using the name "Mountain Citizen" because it now belongs to him.

Smith said the newspaper had inadvertently allowed incorporation papers to lapse in the secretary of state's office. Triplett said he filed the necessary paperwork to claim the name for himself.

"There's no theft," Triplett said. "It was just available."

Smith said he plans to continue using the name.

"It's on our window and it's on our paper," he said. "I'd like to see them try to take it off."

Lisa Summers, spokeswoman for the secretary of state, said Kentucky corporations are required to submit annual reports. Those that don't are presumed inactive and are dissolved.

Summers said the Mountain Citizen hadn't filed an annual report in two years, making that name — along with two others held by New Wave Communications — fair game for whoever wanted them. They are The Citizen, Martin County-Tug Valley Mountain Citizen, and New Wave Communications.

Because the state doesn't allow two companies to have the same name, Summers said the newspaper will have to change its name when it incorporates again. She said that could be as simple as adding one additional word to the name.

David Thompson, president of the Kentucky Press Association, said he had never heard of a similar situation involving a newspaper. He said he planned to alert other newspapers to keep reports to the secretary of state up to date to avoid the same circumstance.

Smith said the newspaper has published several stories about problems with Martin County's water treatment plant and its distribution lines. Photographs in the paper have shown muddy water coming out of faucets, even sand collecting in sinks.

"This is an attempt to shut us up," Smith said. "We don't want a political war. We just want clean, reliable water."

The Kentucky Division of Water and the Public Service Commission have been monitoring water problems in Martin County since December because of fears that aging equipment could shut down distribution. State officials have warned that a collapse of the water system could occur if major equipment and staffing problems aren't addressed.

Triplett declined to say why he wanted the newspaper's name.

"I'm telling you absolutely nothing about my plans," he said.

Triplett talked at length about what he considered unfair reporting by the newspaper.

"Every week there's something dramatic in the headlines," he said. "If you read the paper, I've been featured prominently. I don't know what their motivation is for these stories and these headlines."

Editor Gary Ball said the only motivation the newspaper has is to let the public know about problems plaguing the water district so that officials will make necessary repairs.

"We're not going to let up until we have good water," Ball said.

Update

Judge orders Mountain Citizen not to publish under its name
Owner of Kentucky weekly says ruling shouldn't affect newspaper because it has never included ‘Inc.’ in its published name.  05.22.02