By Elizabeth Wheeler

Blueberry picking, that late summer ritual of voluntary tedium and toil, is my idea of peace on earth, as long as I don’t have to do it for a living.  It is a quiet pleasure, standing in a fully laden berry patch, branches drooping under the weight of dark blue fruit, chittering birds and buzzing insects, berries thunking against the bare bottom of the pail, then the softer thud as berries meet berries.  The “king” fruit at the end of clusters, the first to ripen, are the biggest, spurring the gathering impulse, addictive and soothing, the intimate abundance of ripe, warm fragrant fruit mesmerizing.

I pick sections clean to the center, without breaking branches or taking green fruit, before moving to the next, a discipline learned from my first summer job at 14 picking blueberries in old Mr. Gildae’s blueberry farm in southeastern Massachusetts.  His blueberry buckets were big metal economy-size coffee cans fitted with wire handles, and he paid 25 cents for each one filled.  “Young lady, don’t flit around,” he’d grumble.  “Stay put until you clean out the ripe ones.”

It is hard to stop picking once the greed for more takes over, but if you do bring home more than you can eat in a few days, blueberries will freeze extremely well.  Long after the season is gone you can remember that summer day in cinnamon-sugar crusted muffins and tarts and pancakes.

This simple, not too-sweet berry tart sits in a tender cookie-like crust made with almond butter.  I used almond butter from Gregorio Lacedrda Sweet Brazil stall at the Shepherdstown Farmers Market.

Ingredients

Almond Butter Cookie Crust

1 stick (4 ounces) unsalted butter

2 tablespoons sugar

1/4 cup almond butter

1/8 teaspoon cinnamon

Salt

1 egg yolk

1-1/4 cups all-purpose flour, plus more for rolling

Blueberry Filling Ingredients

3-1/2 cups fresh blueberries (about 2 pints)

1/2 cup apricot jam

2 tablespoons lemon juice

1/2 teaspoon grated lemon zest

2 tablespoons sugar

1 tablespoon cornstarch

1. Using a mixer fitted with a paddle attachment, cream the butter and sugar until light and fluffy. Beat in the almond butter, a pinch of salt, the cinnamon and the egg yolk. Using a spatula, stir in the flour.  Put the dough on a sheet of plastic, shape into a disk, wrap and refrigerate for 30 minutes.  Roll the dough between sheets of plastic wrap into a round about 11 inches in diameter.  Chill until firm but still pliable.  Press the chilled dough evenly into a 9-inch tart pan with a removable bottom. Freeze for 30 minutes.

2. Heat the oven to 375 degrees. Transfer the tart pan directly from the freezer onto a cookie sheet and into the oven.  Bake until the crust is golden, 15 to 20 minutes. Remove from the oven, and using the back of a spoon, gently press the hot crust, which will have risen slightly, back into the pan. Cool before adding the berry filling.

3. Wash the blueberries in cold water, and drain well in a colander.  Remove any stems and transfer the berries to a large bowl. In a small bowl, mix the apricot jam with the lemon juice, lemon zest, sugar and cornstarch. Stir it into the berries, bruising the berries slightly with a fork. Transfer the berry mixture to the crust and distribute the berries evenly. Bake in the oven for  about 30 minutes until the berries have softened and the juices are bubbling. 

4. Set aside to cool completely on a rack. Sprinkle with the confectioners’ sugar if desired, and, if you wish, serve with whipped cream or vanilla ice cream.

There was music planned each morning at the Telluride Bluegrass Festival, even as they opened the gates in Telluride Town Park. On the first morning, a bagpiper stood ready.

As the rope was dropped and the first several dozen Festivarians began a sprint for the prime tarp locations on the grass in front of the soundboard tower, only yards from the stage, the piper played a highland ceòl beag. In a tradition at the Telluride Bluegrass, you can claim your spot for the day with a tarp, although etiquette prescribes that should you leave it vacant, others can use your spot until you return. See the Tarp Race at www.youtube.com/watch?v=b40htCK9X1A.

We were not so ambitious to get in line in the wee hours before dawn, deciding instead to head over to the park around opening time. While we never got a prime spot, the superb sound system and the venue of Telluride Town Park, at 9,700 feet and surrounded on three sides by the high peaks of the San Juan Mountains, made every seat a good one. So we spread our tarp, set up our chairs, gooped on some more sunscreen, and kicked back for a weekend of music.

The lineup was extraordinary, as was the planning and organization of the festival. Every detail was considered, including an amazing sustainability component that offered free water, local foods, and compostable plates and utensils at the food stands. Volunteers helped everyone to dispose of their compostable and recyclable refuse properly. But music was why we were there! With each exclamation of “Hello Festivarians!” yet another incredible musician or group of musicians treated our eyes, ears, and spirits to some unforgettable sets. It’s hard to rate the lineup or tell you who I thought was best, but I’ll give you some highlights. View the entire lineup at www.bluegrass.com/telluride/lineup.html.

Allison Kraus and Jerry Douglas have long made visits to Telluride Bluegrass, and their first evening set gave everyone a long draw of the angelic Kraus and the virtuoso Douglas. The more traditional music of Del McCoury—it draws a cult-like following of tie-dyed and country fans alike—brought down the house. The new sound of Cadillac Sky gave us all a new musical perspective, and we loved it. And the crowd roared when Peter Rowan and his band walked onstage; and, yeah, he played Panama Red. Who would have thought that Jerry Douglas, Weather Report drummer Omar Hakim, and Lyle Lovett bassist Viktor Krauss would cause a stir, but like the Trio of Doom (John McLaughlin, Jaco Pastorius, and Tony Williams), who played at the Havana Jam in 1979, this power trio of a different kind blew me away. Add a liberal dose of Sam Bush, Yonder Mountain String Band, Leftover Salmon, Lyle Lovett, Bela Fleck, and the renowned Telluride House Band, and we experienced what some called the best lineup in the 37-year history of the festival.

Another cool part of the event was the willingness of many musicians to join different bands onstage. You never knew who might walk on to play a few tunes. Sam Bush, Tim O’Brien, Jerry Douglas, and Peter Rowan were the main perpetrators. When Sam Bush joined Yonder Mountain String Band for a few songs, they had 10,000 people dancing under the Colorado Mountain sunshine. These guys were also willing to kick back after their sets and meet the Festivarians. My favorite experience was having a chat with Peter Rowan, then a few minutes later with Jerry Douglas and his group. For those moments we were truly all Festivarians.

So where is the music? It’s out there on the Net if you look for it. There were “tapers” on hand throughout the festival, and some of their recorded sets have appeared for free on bt.etree.org and on the great pay site livedownloads.com. And Telluride radio station KOTO (www.koto.org/) live streamed most of the sets, so you can listen from home.

I grabbed up a number of the free sets on etree, and all sound great, but I bought the Yonder Mountain String Band set (with Sam Bush) off livedownloads.com, and the quality makes it worth the 10 bucks. I got an email from one of the tapers telling me that he had recorded all of the sets and planned to put them out. So keep an eye out at the etree site first. The Festivarian community also has a forum at www.festivarian.com. Keep an eye out there for word on where you might find some of the recordings.

A prescription for August: Download some of these recordings; open up a cold beverage; crank up the music; and you too will become a Festivarian. In the meantime, I’ll be watching for that Jerry Douglas Trio recording.By Steve Chase

David: It’s been a hot one over the past few weeks, which has brought up some interesting situations in our wine world. This month we’ve wanted to focus on what to drink when it’s hot hot hot, and how to keep those refreshing beverages cold cold cold.

Christian: My mouth is already watering at the thought of an icy cold drink. We’ve often preached against serving white wines too cold, but some will benefit from that extra chill. Personally, I love a good young champagne or sparkling wine at a very cold temperature. When analyzing the flavors and complexities of a bottle of aged bubbles, you don’t want to go too cold, but for the everyday sparklers it can’t get cold enough. The bottle will even tell you if it needs more time in the chiller.

D: That’s right. As much fun as it is to see how far you can launch the cork off the back patio, the proper way to open a bottle is to simply have it make that little hiss sound. But if you’re using the proper technique, and the wine still excitedly pops and foams uncontrollably, there are two possible excuses. One, your brother shook the bottle up before handing it to you. Or, two, it’s still a little too warm to be opened.

C: I’d never do such a thing . . . it’d be a waste of good bubbles. However, if the bottle does seem a little on the warm side, how do you get it chilled as fast as possible? Option one is to stick it in the freezer. This can be very dangerous, however. If you happen to forget about it, the bottle will burst, forcing you to clean out the freezer much sooner than you had planned.

D: The safer and cleaner way is to use the ice bucket. However, you need to make sure that there is water mixed with the ice in the bucket—not just ice. The water will quickly become the temperature of the ice, and because the water covers more of the bottle’s surface area, your wine will become cold much faster.

C: If you can’t wait for your wine to chill, a great trick for a hot summer day is white wine slushies. Some may call this sacrilege, but slushies are a real treat. Just get some finely crushed ice and pour your favorite bottle of Riesling or other sweeter-style wine over the top, grab a straw, and float back to your childhood memories.

D: You have childhood memories of drinking wine?

C: No! I mean . . . .

D: I would have said that a slushy sounds like a criminal treatment of good wine, but I’ve had a few, and they’re good! Okay, onto the wines. For these hot summer days, what are your top three wines to enjoy icy cold?

C: This is easy, as I’ve been doing this nearly every night lately.

Once again I have to go with Ponga’s Sauvignon Blanc from Marlbourough, New Zealand ($13). Gorgeous citrus fruit notes, bone dry, and refreshing hayfield flavor that comes best from New Zealand.

Another favorite has to be Andeluna’s Torrontes from Mendoza, Argentina ($12). Exceptional floral flavors with a lingering tropical fruit finish.

Finally, I have to think pink with Zeepaard’s Rosé, from West Cape Howe, Australia ($10). Medium weight, dry and crisp with berry and cherry flavors.

D: Nice selection, and as usual, a good concentration on New World styles. I’m going to stick with some Old World classics that also love to be chilled.

A wine that can cleanse your palate through a rich meal—one that’s a perfect sipper on a hot summer day—has to be Gruner Veltliner. Try Weingut Stadt Krems, Gruner from Kremstal, Austria. ($15) Great acids and refreshing citrus make it a mouthful to drink as well as say.

The original home and still king of Sauvignon Blanc has to be the Loire Valley of France. Delaporte’s Sancerre ($21) provides luscious tropical fruits masked by chalky minerality that leaves your mouth wanting more.

Gotta have bubbles, but here’s something completely different, and well worth a try. Alma Negra’s Rosé of Malbec from Mendoza, Argentina. Yes, it’s New World, but it’s a sparkling malbec. How cool is that? Refined elegance in a glass that mirrors some of the great rose sparklers of Champagne.

by Amy Mathews Amos

Amid the ongoing coverage of the Deepwater Horizon oil spill, a major development in how we use and manage offshore waters has gone virtually unnoticed. On July 19th  President Obama issued an executive order directing federal agencies to develop plans to, in effect, zone the oceans within U.S. territorial waters, a plan somewhat similar to the way local governments zone on land.

Before Tea Partiers cry foul about a new intrusion by the federal government, we should look at what the high seas have become.

Most of us have always thought of the sea as free, wild, and infinite. A place we go to get away from rush hour traffic and office cubicles. We picture waves rolling under the bow of a boat, sails full, sun bright. Or white breakers crashing on lonely stretches of beach. To most of us, the ocean seems unimaginably big. Vast. Endless.

But it’s not.

The tar balls washing up on Gulf of Mexico beaches remind us that it’s getting pretty crowded out there. And not just with oil rigs. Walking the shore, we can’t readily see the fierce competition underway for pipeline routes, mining sites, sewage lines, communication cables, fishing fleets, and more. But in reality, things are bumping into each other much more often at sea, whether it’s oil and water, cables and corals, or ships and whales.

Often literally colliding: A 90,000-ton container ship can kill a 100-ton right whale when it hits it. Ship collisions are the biggest source of human-caused death for these endangered cetaceans. The second biggest is entanglement in fishing gear.

To bring order to the seas, it’s time to take our cue from the land. Hence, the Obama administration’s move to begin the process.

For decades communities have used zoning to reduce land-use conflicts and protect property values. In 2008, Massachusetts became the first state to apply this idea to the ocean. With 400 years of seafaring behind it, Massachusetts entered the 21st century struggling to balance modern demands like fish farms, sand mining, and wind farms with declining fisheries and thriving tourism. With the state’s passage of a comprehensive ocean “zoning” law, it now has a framework to identify which offshore areas are appropriate for which uses, and to flag potential conflicts in advance.

The Obama Administration wants to do the same thing in U.S. ocean waters and the Great Lakes. Called “marine spatial planning,” this concept is rooted in conservation. Australia pioneered it in the 1980s to protect valuable coral reefs, seagrass beds, and mangroves in its world-renowned Great Barrier Reef National Park.

Protecting special places in U.S. waters isn’t new either. Just as our national parks preserve special areas on land, national marine sanctuaries protect resources like the sunken wreck of the Civil War ship USS Monitor off the North Carolina coast, and the country’s northernmost coral reefs in the Flower Garden Banks of the Gulf of Mexico.

But the idea of ocean zoning goes far beyond conservation. The Obama Administration sees it as a way to promote economic development too. Identifying areas suitable for various economic, industrial, or conservation uses in advance can help reduce conflicts and facilitate compatible uses.

This includes energy development, which increasingly drives how we use the ocean. In Massachusetts, conflicts over the location of liquefied natural gas terminals, tidally-driven energy facilities, and wind farms fueled change. At the national level, intense pressure for offshore oil and gas drilling leases adds to the urgency.

The catastrophic BP spill in the Gulf forces the question: what areas should be off limits to oil and gas drilling, and where can we develop more sustainable, renewable energy sources so these disasters don’t happen in the future?

Not surprisingly, the idea of flagging parts of the ocean for specific uses raises hackles. To many, this simply doesn’t fit the romantic image of a free ocean. Recreational fishing interests in particular are opposed to anything that might restrict fishing access.

Dr. Elliott Norse, president of the nonprofit Marine Conservation Biology Institute and a leading thinker and supporter of marine spatial planning, likens the idea of a free and open ocean to a “sacred value.” According to psychologists, sacred values are concepts that defy rational decision-making, based solely on strong emotion. No promise of practical benefits can easily sway someone away from a sacred value.

But clinging to outdated notions of what we want the oceans to be could do irreversible harm. We’re placing tremendous new demands on the seas and need a more thoughtful approach to managing them.

The time for marine spatial planning has come. If there was any doubt before, surely those doubts should have sunk with the Deepwater Horizon.

© Blue Ridge Press 2010 Amy Mathews Amos is an independent environmental consultant advising conservation groups and others nationwide on marine conservation issues. She lives in Shepherdstown.

There are few things as peaceful as paddling a canoe. Simply looking at the long, subtle lines of the craft will ease the tension in a tight chest. A solo float down a quiet creek will suck the stress out of the most frazzled soul. Listening to water droplets as they fall from a paddle can induce a trance that will make the realities of life nothing more than a fuzzy dream.

Of course if you fill that same boat with a three-year-old girl, a five-year-old boy, and a wife who is convinced that every stick on the shore and floating in the water is a half water moccasin–half copperhead–half Floridian boa, and the peace evaporates. But that’s okay, because in the place of peace is buckets of crazy fun.

Residents of Shepherdstown are blessed to be surrounded by rivers and creeks perfect for both peace and pandemonium in a canoe. The West Virginia Department of Natural Resources manages public access points along the Potomac and Shenandoah rivers and Opequon Creek, providing easy access to the do-it-yourselfers, all easily found at www.wvdnr.gov/fishing/public_access.asp?county=all&type=all. For those wanting a little guidance, there are outfitters ready to help.

A few miles south of town is the mighty Shenandoah. I’ve run hundreds of trips from Millville to the second bridge in Harpers Ferry in rafts, kayaks, and canoes. Though a mild cousin to more adventurous rivers in West Virginia, this stretch of the Shenandoah offers class I to III rapids that are plenty fun but carry little consequence should you find yourself in the river instead of on it.

Unless you have real experience in whitewater, it’s best to enjoy the river when it is at two feet or less, as the mood and demeanor of the rapids change dramatically beyond that level. River and Trail Outfitters (Maryland) and River Riders (West Virginia) offer shuttle services as well as canoe and ducky rentals.

For a more relaxed float, the Potomac River is in order. I’ve paddled the Potomac since I was 12 years old. A quarter of a century ago mom or dad would drop me off at the ramp in Shepherdstown, and I’d paddle with furry upstream to the access point at Taylors Landing in Maryland. I’d have gone further but there is a riffle in the river there that served as a roadblock, which was fine because by then my arms were sore and my throat was dry. So I’d throw my paddle in the bottom of the boat, drop a worm and bobber in the river, and drink lemonade until the river pushed me back to Shepherdstown.

These days I let the younger spirits battle the upstream paddle, and I just start at Taylors Landing. I bait the hooks of my kids’ fishing poles, and make lots of stops to steal a ride or two on the many rope swings along the way. The Potomac is a wonderful float, but don’t let the lazy feel fool you. The current can be deceptively strong, and should be respected. Look to the folks at Shepherdstown Pedal and Paddle if you need to rent a canoe or require a shuttle to the river.

Opequon Creek flows a few miles west of town, and is my own personal favorite. I put in at the Route 9 Bridge (DNR access) and float to the stone bridge in Stonebridge (also DNR access). The hum of traffic on Route 9 quickly fades, and you find yourself in a wild and remote creek—at least if feels that way.

The creek is only a few canoe lengths wide, and isn’t over a few feet deep in most places. The canopy of trees closes over the creek, and creates a tunnel through the forest that adds to the wild feel and the peace. In a recent trip with my own children, we floated within feet of a doe and fawn, got to within a few yards of a blue heron, raced a raccoon as he ran down the bank, and stopped counting muskrat holes when we reached one million.

People looking to wet a line as they paddle will enjoy all these floats. Though filled with a variety of species, the Shenandoah is hard to beat for smallmouth bass. The Potomac offers a regular smorgasbord to fishermen; though I choose this river when I’m in the mood for catfish or wanting to see if I can outsmart a walleye. The Opequon is stocked with trout throughout the spring and twice in October, offering an unusual local challenge.

I know I don’t have to tell you that wearing a life jacket is cool and not wearing a helmet in whitewater is not. Don’t pretend you know how to handle whitewater, or strong currents, if you don’t. Plenty of people are happy to help you learn if you ask. Lastly, if you take it to the river, bring it home—plus a little. The floods distribute enough trash for everyone, so do the river a favor and bring your trash home.

HypnoCoffee’s Wake-Up Call

With no hopes of finding a decent cup of coffee in tiny Thomas, W.Va., husband-and-wife team Tony and Summer Williams set out to brew up their own in 2008. The result? HypnoCoffee, a bean roastery and retail coffee shop that eventually moved to Davis in 2009.

The couple received barista training from Counter Culture Coffee, which has coffee training centers throughout the South, and this, as Tony says, “fanned the flame of desire into a full-blown forest fire of passion for a simple beverage.”

Now, in addition to their retail outlet in Davis, the Williamses have relocated their brewing operation to downtown Shepherdstown.

“We are continually in pursuit of new beans and new brew methods to challenge us,” says Tony.

The coffee-roasting side of the business grew by word of mouth, says Tony, and soon eclipsed the coffee shop in sales. It also began to require his complete attention.

“Coffee roasting was a natural extension of the quality we are seeking,” he says, “as is having total control over the product, save for the growing of the beans.”

During this same time, the Williamses started looking for a new place to live that would offer a more child-centered community with good schools and involved parents.

“We have three kids,” says Tony, “and with the middle child approaching school age and the oldest’s desire to attend school—we were home-schooling—we chose Shepherdstown.”

Their first experience with Shepherdstown came by way of their participation with last October’s Freedom’s Run. HypnoCoffee was a sponsor, and Tony ran the marathon. The whole family, he says, was impressed with Shepherdstown and the surrounding area, prompting them to come back to visit and scout around in the months following the race.

“Shepherdstown has several unique eateries and shops that I feel we complement well,” Tony says. “We have a retail component to our space that sells the coffee we roast, and brewing equipment.”

But, he’s quick to point out, this is not a coffee shop selling brewed coffee and espresso drinks. For devotees of the HypnoCoffee brand, however, the doors are open for free tastings, and the Williamses also plan to hold cuppings, classes, and competitions in the space as frequently as possible. In addition, HypnoCoffee can be found at Mellow Moods on German Street in Shepherdstown.

Most of all, Tony says, he would like the roasting space to serve as a “hub of coffee education and experimentation in the area. Coffee can be so much more than just a morning beverage to accompany your breakfast or daily commute.”

HypnoCoffee, 104 S. King St., Shepherdstown, http://hypnocoffee.blogspot.com

In Charles Town, Chillin’

The latest addition to suddenly business-friendly downtown Charles Town? Skipper’s Downtown Dips & Deli, an ice cream shop cum lunch spot that is serving up scoops as quickly as the summer’s ongoing heat wave can produce new customers. And with a nightly crowd of smiling folks waiting in line for their frozen treats, business partners Kathy Skinner and Tara Perry seem to have found a sweet spot in Charles Town.

“The local ice cream from South Mountain Creamery is a huge hit,” says Skinner, touting her personal new favorite, lemon meringue.

But if you think Skipper’s is just another ice cream parlor, think again. In addition to 24 scrumptious flavors of ice cream and a variety of wraps, sandwiches, and salads, what sets this space apart from a typical sandwich and scoop shop is the do-it-yourself pottery. Here, in the rear of the parlor, guests can design and paint their own ceramics from a number of unfinished pieces available in the studio.

“It’s already become a popular place for kids’ parties and rainy days,” says Skinner, who also suggests the activity could be a popular destination for moms’ night out and other local gatherings.

Customers, says Skinner, can pick up their creations the next time they stop in for ice cream. What could be sweeter?

Skipper’s Downtown Deli & Dips, 114 W. Washington St., Charles Town, 304-725-3477 downtowndips@hotmail.com

By Emily Suranno

Delegate Nancy Peoples Guthrie told the Observer that the West Virginia legislature would enact a ban on texting-while-driving only after a delegate or senator lost a loved in a fatal crash. For many West Virginia families, that won’t help.

Richard and Susan Steadman of Bridgeport, West Virginia, lost their lost their son Talon in a single-car crash in August 2009. Police determined the 16-year-old local high school football star had been texting while driving. The Steadmans told the Observer that they were not aware of bills that had been introduced in the Statehouse this year, but they would fully support enacting it. “Although the legislation would not personally affect our family—if it could save one life that would be great,” said Richard Steadman.

The Observer polled a group of teens between the ages of 16 and 18 about texting-while-driving. Initially all but one denied texting while driving. But for all of them their attitudes about it were casual, and their comments revealed that they were texting-while-driving more than they let on. Their reasons varied from knowing they could get away with it if they want to do it, to “I only do it at stoplights.” The most familiar refrain was, “Hey nothing’s happened to me yet.”

For the Steadmans, this is the kind of attitude that they would like to change. “If it takes legislation making it a crime to prevent the loss loved ones through something as avoidable as texting-while-driving, then so be it,” said Richard Steadman.

By Dominic Valentine

Despite several attempts, legislation banning texting while driving has yet to be enacted in West Virginia. According to Delegate Nancy Peoples Guthrie the first bill concerning banning cell phones while driving, House Bill 4047 introduced in 2008, was the closest we have come thus far. “We had enough support in the House and Senate, but at the last minute Senator Browning from Kanawha County included a provision to provide funding for cell phone towers in his county. It was one of the most absurd amendments I had heard in a long time,” said Del. Guthrie. The added provision did not have anything to do with cell phone usage. The inclusion of the provision also violated the single object rule – a rule created to prevent the practice of adding ‘riders’ to popular bills that could not pass on their own. “It was a last minute provision and time ran out. Everyone got frustrated at that point,” said Del. Guthrie the billís lead sponsor.

West Virginia has a history of being behind the rest of the country in passing public safety laws. Delegate Guthrie suggests that one possible reason is that West Virginians have always had a “don’t tread on my rights kind of way of thinking, even my right to be unreasonable.” She added, “I think people need to take a step back and say to themselves whose rights am I violating by being unreasonable? Don’t those injured by persons using cell phones while driving have rights?”

Berkeley County delegate Walter Duke also points out that we already have distracting driving laws and says, “texting while driving is distracted driving.” An officer can stop a person texting if he believes that that person’s texting is distracting him/her from operating his/her vehicle in a safe manner. The difference is that the citation will not be specifically for texting but for distracted driving. 

Del. Duke suggests that a specific texting law may raise awareness of the dangers of texting and driving while at the same time leaving no doubt in the minds of texters that it is illegal to text and drive. “Everyone in the legislature agrees that texting is extremely unintelligent and unsafe,” said Del. Duke. Del. Guthrie agrees and adds that waiting until a driver is distracted may be too late. “A ban on both cell phone use and texting would save lives. The statistics coming out of California prove this. The insurance industry wants it too. When you have accidental deaths rates go up for everyone,” said Guthrie.

Senate Transportation Committee Chair John Unger said, “I’m all for passing legislation to ban texting while driving. It’s just good common sense. I’m also okay with hands-free rules for cell phones.” However, Delegate Guthrie is highly critical of both the Senate and Chairman Unger.

“I am surprised by Senator Unger. He originally agreed to pass restrictions for both cell phone use and texting. He went back on his word. Up here your word is your bond. We didn’t (just) spend five minutes on this. We had several interim meetings. The meetings were chaired by both Senate and House members. The bill that came out of our joint committee contained language that included both a ban on cell phone use and texting. It was Senator Unger’s idea to run it in the Senate first because we knew we had support for it in the House. We were astonished that the Transportation Chair allowed the Department of Motor Vehicles to strike out the cell phone use provisions. Typically, once a bill gets out of an interim committee you do not alter the language. Whenever you make agreements in an interim committee and it gets altered immediately after, it makes it harder to pass. For a lot of members that puts a bad taste in your mouth because you can’t trust the interim process and everyone’s time is important,” said Guthrie.

While Unger says that he thinks it is possible for both to pass in the next session, Del. Guthrie says, “It is going to take us until the right person dies to pass phone and texting bans.  Look at our ATV helmet law for example. We could not get a helmet law established until a legislator’s family member died in an ATV accident. It was obvious that a helmet would have saved his life. The point I have been making all along is that I don’t believe that either Henry Ford or Alexander Graham Bell believed that their inventions would be used as home theaters, beauty parlors, home offices, etc. When you get behind the wheel of a car you are putting yourself in control of a weapon. As a common courtesy we should pass the kinds of reforms that save lives. You would think a public servant would want to enact public safety reforms whenever possible. In my opinion, both cell phone use and texting while driving should be considered distracted driving. If we only pass one without the other we are only fighting half the battle.”

Senator Unger agrees that a ban on texting is warranted. “My stepdad is a retired insurance adjuster, and he says the problem is very significant, and is on the increase,” said Unger. He also defends his efforts to get a texting ban passed. “The bill did come out of my committee, but languished in the Judiciary Committee. I asked Judiciary Chair Kessler about it, and he says it was an oversight. They just ran out of time.”  Del. Guthrie believes Judiciary Chair Kessler is being honest when he said they ran out of time. “I think the reason it didn’t make it through judiciary was because Senator Unger didn’t follow through on it and then the question becomes if you were so wedded to it why didn’t you talk to Kessler earlier instead of waiting until there was not enough time to get it through,”said Guthrie.

Unger added, “When the bill didn’t get out of Judiciary, I wrote to Governor Manchin asking that the legislation be added to the special call. He hasn’t done this. Part of it is just the time to get so many bills in special session.”

The Governor’s office told the Observer that he strongly encourages all state employees who operate a state vehicle to act responsibly, use common sense and not engage in activity that will put their lives and other motorists’ in harm’s way – such as texting while driving. 

There are current restrictions for state employees prohibiting the use of a wireless electronic communication device while operating a state vehicle except when the wireless communication device is a hands-free wireless electronic communication device being used hands-free.

Unger believes that his committee will be able to pass a texting ban bill in the next legislative session. Cell phone use provisions will most likely not be passed in the next session despite delegate Guthrie’s insistence that not doing so would result in a battle half won. According to Sen. Unger, “Commissioner of DMV Joe Miller wants to start with a bill on texting, then a bill on cell hands-free phone use. The opposition has been on the cell phone part of the bill. I don’t know of anyone who objects to the texting ban.”

David Lillard contributed to this article.

By Thomas Harding

Not since the introduction of seatbelts has there been a traffic safety issue that has caused such concern among legislators and consumer protection organizations. With the rapid growth of cell-phones during the last few years, followed by the widespread practice of texting, distracted driving has become a life-and-death issue in America.

The numbers speak volumes.

In a Pew Research study, 47 percent of drivers admit to texting while driving. The study also found that 25 percent of American teens of driving age say they have texted while driving, and half of all teens ages 12 to 17 say they’ve been a passenger while a driver has texted behind the wheel.

According to the National Highway Traffic Safety Administration at least 21 percent of all injury crashes are caused by distracted driving. NHTSA also found that 5,870 people died and about 515,000 were injured in 2008 in accidents attributed to distracted driving.

The National Safety Council, a nonprofit safety advocacy group, estimates that the numbers are even higher, with at least 1.6 million crashes caused annually by drivers using cell phones and texting.

According to a 2009 Virginia Tech Transportation Institute study, texting while driving is 20 times more dangerous than not using a phone while driving.  The researchers also found that not watching the road for 4.5 to 6 seconds equates to traveling the length of a football field at 55 mile per hour without looking at the road, and that dialing a phone is 2.8 times more dangerous, and talking or listening to someone on the phone is 1.3 times more dangerous, than driving while not distracted.

As a result of the growing research on the issue, 31 states have now banned texting while driving. The use of all cell phones while driving a school bus is prohibited in 19 states and the District of Columbia. The federal government has banned all federal workers from using cell-phones while driving.  The U.S. Department of Transportation now prohibits drivers of interstate buses and trucks over 10,000 pounds from sending text messages on hand-held devices.

Meanwhile, West Virginia has no general ban on texting while driving, though it does ban inexperienced drivers from texting and has a general law against distracted driving.

According to the National Safety Council, several hundred companies have banned employees from using their cell-phones while driving. That group says such bans improve safety, help limit the liability of employers when accidents do occur, and free employees from feeling pressure to respond immediately while they are behind the wheel.

The leading proponent for a federal ban on texting while driving is the senior U.S. Senator from West Virginia, Jay Rockefeller. He has introduced the Distracted Driving Prevention Act, which would provide incentive grants to states that adopt a ban on texting and handheld cell-phone use for all drivers and a total ban on cell-phone use by drivers younger than 18. In addition to restricting cell-phone use by motorists, the bill would create two high-visibility education and advertising campaigns, administered by the National Highway Traffic Safety Administration, to educate motorists about the dangers of texting and cell-phone use while driving.

The bill would require the Federal Communications Commission to collect data regarding wireless devices and existing and developing wireless communications technologies that have the potential to reduce the dangers of distracted driving.

In June, the Senate Commerce Committee approved the bipartisan bill. The bill now goes to the full Senate. If the bill becomes law, it would set up a $94-million program to make grants to states that take tough action against distracted drivers.

“States are the best places to have this type of legislation passed, and I think our bill does respect state rights,” said Sen. Kay Bailey Hutchison (R-Texas), a co-sponsor of the bill.

“This is a major step in the right direction. We appreciate Chairman Rockefeller’s leadership in introducing the legislation and bringing it up for a vote in the Senate Commerce Committee. This legislation will help save lives,” said Janet Froetscher, National Safety Council president and CEO. “We ask that committee members support the legislation, and call on the Senate to quickly take up and pass the legislation.”

State laws on texting while driving vary greatly. Fines range from $20 to $150 for the first offense. One state may ban texting while allowing handheld phone use in cars, while another may ban both. Some states allow a police officer to stop a car if they believe there is probable cause for a texting offense, while others do not allow a stop for a texting offense—you have to be stopped for another reason in order to be charged.  Similarly, some states allow for tickets if you text, while in other states texting results in a ticket only if you get into an accident.

Some drivers have questioned the enforcement of these laws, raising concerns as to how a police officer can determine if a person is speaking on their phone rather than texting. Others have argued that states that have outlawed texting have not seen reduced accident rates. Despite these concerns, the national trend appears to be moving toward stronger action by state legislators to outlaw the use of cell-phones while driving.

Given the growing national appetite for laws that ban the use of cell-phones in cars, many are asking why West Virginia legislators have not yet passed a ban on texting-while-driving in the Mountain State.

By Thomas Harding

Not since the introduction of seatbelts has there been a traffic safety issue that has caused such concern among legislators and consumer protection organizations. With the rapid growth of cell-phones during the last few years, followed by the widespread practice of texting, distracted driving has become a life-and-death issue in America.

The numbers speak volumes.

In a Pew Research study, 47 percent of drivers admit to texting while driving. The study also found that 25 percent of American teens of driving age say they have texted while driving, and half of all teens ages 12 to 17 say they’ve been a passenger while a driver has texted behind the wheel.

According to the National Highway Traffic Safety Administration at least 21 percent of all injury crashes are caused by distracted driving. NHTSA also found that 5,870 people died and about 515,000 were injured in 2008 in accidents attributed to distracted driving.

The National Safety Council, a nonprofit safety advocacy group, estimates that the numbers are even higher, with at least 1.6 million crashes caused annually by drivers using cell phones and texting.

According to a 2009 Virginia Tech Transportation Institute study, texting while driving is 20 times more dangerous than not using a phone while driving.  The researchers also found that not watching the road for 4.5 to 6 seconds equates to traveling the length of a football field at 55 mile per hour without looking at the road, and that dialing a phone is 2.8 times more dangerous, and talking or listening to someone on the phone is 1.3 times more dangerous, than driving while not distracted.

As a result of the growing research on the issue, 31 states have now banned texting while driving. The use of all cell phones while driving a school bus is prohibited in 19 states and the District of Columbia. The federal government has banned all federal workers from using cell-phones while driving.  The U.S. Department of Transportation now prohibits drivers of interstate buses and trucks over 10,000 pounds from sending text messages on hand-held devices.

Meanwhile, West Virginia has no general ban on texting while driving, though it does ban inexperienced drivers from texting and has a general law against distracted driving.

According to the National Safety Council, several hundred companies have banned employees from using their cell-phones while driving. That group says such bans improve safety, help limit the liability of employers when accidents do occur, and free employees from feeling pressure to respond immediately while they are behind the wheel.

The leading proponent for a federal ban on texting while driving is the senior U.S. Senator from West Virginia, Jay Rockefeller. He has introduced the Distracted Driving Prevention Act, which would provide incentive grants to states that adopt a ban on texting and handheld cell-phone use for all drivers and a total ban on cell-phone use by drivers younger than 18. In addition to restricting cell-phone use by motorists, the bill would create two high-visibility education and advertising campaigns, administered by the National Highway Traffic Safety Administration, to educate motorists about the dangers of texting and cell-phone use while driving.

The bill would require the Federal Communications Commission to collect data regarding wireless devices and existing and developing wireless communications technologies that have the potential to reduce the dangers of distracted driving.

In June, the Senate Commerce Committee approved the bipartisan bill. The bill now goes to the full Senate. If the bill becomes law, it would set up a $94-million program to make grants to states that take tough action against distracted drivers.

“States are the best places to have this type of legislation passed, and I think our bill does respect state rights,” said Sen. Kay Bailey Hutchison (R-Texas), a co-sponsor of the bill.

“This is a major step in the right direction. We appreciate Chairman Rockefeller’s leadership in introducing the legislation and bringing it up for a vote in the Senate Commerce Committee. This legislation will help save lives,” said Janet Froetscher, National Safety Council president and CEO. “We ask that committee members support the legislation, and call on the Senate to quickly take up and pass the legislation.”

State laws on texting while driving vary greatly. Fines range from $20 to $150 for the first offense. One state may ban texting while allowing handheld phone use in cars, while another may ban both. Some states allow a police officer to stop a car if they believe there is probable cause for a texting offense, while others do not allow a stop for a texting offense—you have to be stopped for another reason in order to be charged.  Similarly, some states allow for tickets if you text, while in other states texting results in a ticket only if you get into an accident.

Some drivers have questioned the enforcement of these laws, raising concerns as to how a police officer can determine if a person is speaking on their phone rather than texting. Others have argued that states that have outlawed texting have not seen reduced accident rates. Despite these concerns, the national trend appears to be moving toward stronger action by state legislators to outlaw the use of cell-phones while driving.

Given the growing national appetite for laws that ban the use of cell-phones in cars, many are asking why West Virginia legislators have not yet passed a ban on texting-while-driving in the Mountain State.