An Injunction Against the First Amendment
March 21, 2014
Vera Scroggins of Susquehanna County, Pa., will be in court Monday morning.
This time, she will have lawyers and hundreds of thousands of supporters throughout the country. Representing Scroggins
to vacate an injunction limiting her travel will be lawyers from the ACLU and Public Citizen, and a private attorney.
The last time Scroggins appeared in the Common Pleas Court in October, she didn’t have lawyers. That’s because Judge
Kenneth W. Seamans refused to grant her a continuance.
When she was served papers to appear in court, it was a Friday. On Monday, she faced four lawyers representing Cabot Oil
and Gas Corp., one of the nation’s largest drillers. Seamans told the 63-year-old grandmother and retired nurse’s aide
that to grant a continuance would inconvenience three of Cabot’s lawyers who came from Pittsburgh, more than 250 miles
away. He also told her she might have to pay travel and other costs for the lawyers if she was successful in getting a
continuance.
And so, Cabot presented its case against Scroggins.
The lawyers claimed she blocked access roads to Cabot drilling operations. They claimed she continually trespassed on
their property. They claimed she was a danger to the workers.
Scroggins agreed that she used public roads to get to Cabot properties. For five years, Scroggins has led tours of
private citizens and government officials to show them what fracking is, and to explain what it is doing to the health
and environment. But she was always polite, never confrontational. And when she was told to leave, she did, even if it
sometimes took as much as an hour because Cabot security often blocked her car. Cabot personnel on site never asked
local police to arrest her for trespassing.
But now, Cabot executives decided to launch a mega-attack, throwing against her the full power of a company that grosses
more than $1 billion a year and is the largest driller in the region.
In court, Scroggins tried several times to explain that while near or on Cabot drilling operations, she had documented
health and safety violations, many of which led to fines or citations. Every time she tried to present the evidence, one
of Cabot’s lawyers objected, and the judge struck Scroggins’ testimony from the record. Cabot acknowledged Scroggins
broke no laws but claimed she was a “nuisance.”
Scroggins tried to explain that she put more than 500 short videotapes online or onto YouTube to show what fracking is,
and the damage Cabot and other companies are doing. Again, Seamans accepted Cabot’s objection, and struck her testimony.
And that’s why Cabot wanted an injunction against Scroggins, one that would forbid her from ever going anywhere that
Cabot has a lease. It had little to do with keeping a peaceful protestor away; it had everything to do with shutting
down her ability to tell the truth.
Four days after the hearing, Seamans issued the temporary injunction that Cabot wanted. It forbid Scroggins from going
onto any property that Cabot owned, was drilling, or had mineral rights, even if there was no drilling. The injunction
didn’t specify where Scroggins couldn’t go. It was a task that required her to go to the courthouse in Montrose, dig
through hundreds of documents, and figure it out for herself.
The injunction violates her rights of free speech by severely restricting her ability to document the practices of a
company that may be violating both the public trust and the environment. According to the brief filed on her behalf,
“The injunction sends a chilling message to those who oppose fracking and wish to make their voices heard or to document
practices that they fear will harm them and their neighbors. That message is loud and clear: criticize a gas company,
and you’ll pay for it.”
The injunction also violates her Fourteenth Amendment rights of association and the right of travel. Scroggins can’t
even go to homes of some of her friends, even if they invite her; that’s because they had leased subsurface mineral
rights to Cabot. However, Cabot never produced a lease, according to what the ACLU will present in court, to show that
“it had a right to exclude her from the surface of properties where it has leased only the subsurface mineral rights.”
Because Cabot had leased mineral rights to 40 percent of Susquehanna County, about 300 square miles, almost any place
Scroggins wants to be is a place she is not allowed to be. That includes the local hospital, supermarkets, drug stores,
several restaurants, the place she goes for rehabilitation therapy, and a recreational lake. It also includes the
recycling center—Susquehanna County officials leased 12.5 acres of public land to Cabot.
The injunction establishes a “buffer zone.” Even if Scroggins is on a public street or sidewalk, if it is less than 150
feet from a property that Cabot has a subsurface mineral lease, she is in violation of the court order.
The injunction, says the ACLU of Pennsylvania, “is far broader than anything allowed by the U.S. Supreme Court or
Pennsylvania courts.”
Not everyone agrees with Scroggins or her efforts to document the effects of horizontal fracking. Many consider her to
be a pest, someone trying to stop them from making money. Hundreds in the region have willingly given up their property
rights in order to get signing bonuses and royalties from the extraction of natural gas. Their concern, in a county
still feeling the effects of the great recession that had begun a decade earlier, is for their immediate financial
well-being rather than the health and welfare of their neighbors, or the destruction of the environment.
The anti-fracking movement has grown from hundreds slightly more than a half-decade ago to millions. Where the oil and
gas lobby has been able to mount a multi-million dollar media campaign, the people who proudly call themselves
“fractivists” have countered by effective use of the social media and low-budget but highly effective rallies. Where the
oil and gas lobby has been able to pour millions of dollars into politicians’ campaigns, the fractivists have countered
by grass-roots organizing and contacting government officials and politicians, promising them no money but only the
truth.
Vera Scroggins never planned to be among the leaders of a social movement, but her persistence in explaining and
documenting what is happening to the people and their environment has put her there. Cabot’s “take-no-prisoners”
strategy in trying to shut her voice has led to even more people becoming aware of what fracking is—and the length that
a mega-corporation will go to keep the facts from the people. No matter what Seamans does to correct his
unconstitutional order, Cabot has lost this battle.
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Walter Brasch’s current book is Fracking Pennsylvania, an in-depth investigation into the process and effects of horizontal fracking, and the collusion between politicians
and the oil and gas industry. The 466-page critically-acclaimed and fully-documented book is available from Greeley & Stone, Publishers; Amazon.com; Barnes & Noble and independent bookstores.