Judge: Kentucky newspaper can use its name

By The Associated Press

06.20.02

Printer-friendly page

(Editor's note: On June 27, Judge Daniel Sparks fined the top three newspaper officials $500 each for defying an order not to publish under the "Mountain Citizen" banner pending the outcome of the newspaper's challenge to John R. Triplett's acquisition of the name. In fining Mountain Citizen owner Lisa Stayton, Publisher Roger Smith and Editor Gary Ball, Sparks said he was forced to act to protect the integrity of the judiciary.)

INEZ, Ky. — A judge cleared the way yesterday for a Kentucky newspaper to continue publishing as the Mountain Citizen after its name was legally acquired by a local politician mentioned in several critical stories.

Martin Circuit Judge Daniel Sparks acted after John R. Triplett, former chairman of the Martin County Water Board, withdrew a request for an order permanently barring the weekly from using the name. Triplett's lawyer said she needed to do more fact-finding.

"This is a victory for us," said Lisa Stayton, owner of the weekly newspaper that goes to about 6,000 homes in the eastern Kentucky coalfields. "I went to court prepared to go to jail, so this is a great relief."

The judge had ordered the newspaper to stop using its name after Triplett took the Mountain Citizen name when the paper inadvertently let its incorporation papers lapse.

Kentucky corporations are required to submit annual reports to the state. Those that do not are presumed inactive and are dissolved. The Mountain Citizen had not filed a report in two years, making its name fair game.

Stayton said she was preoccupied with taking care of a brother, who had cancer and died in May.

Triplett has declined to say why he wanted the newspaper's name or what he planned to do with it.

Publisher Roger 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 and sand collecting in sinks.

Meanwhile, the judge is expected to rule as early as today whether to hold the paper's journalists in contempt for continuing to publish under the name “Mountain Citizen” despite an order issued May 21.

Stayton told the judge she felt she had complied with the order by publishing a disclaimer saying the paper is not connected in any way to corporations created by Triplett.

Also, she said the newspaper name in the judge's order included the abbreviation "Inc." She noted her newspaper did not use "Inc." in its name.

Update

Kentucky journalists trying to avoid paying fine in newspaper name flap
Meanwhile, staffers' attorney files counterclaim, arguing that former water board chairman acquired name for sole purpose of harassing, intimidating them.  07.02.02

Previous

Journalists, newspaper owner face contempt charges in name dispute
Attorney for Mountain Citizen personnel says jail time possible; hearing set for June 19.  06.13.02