MORGANTOWN, W.Va. — The Wheeling attorney who represents Monongalia County Delegate Danielle Walker in a civil lawsuit filed after a controversial email says there’s a reason the lawsuit was filed so quickly.
“The decision to file suit immediately and quickly in civil court was to put it out there for everybody to see, so it wasn’t hidden,” Teresa Toriseva said last week on MetroNews “Talkline.”
The lawsuit was filed against West Virginia Right for Life (WVRFL) and Richard Demoske.
Demoske, the former president of Berkeley County West Virginians For Life, admitted to sending the email to Walker on Feb. 1, the first day ob Black History Month. The email featured an image of a Ku Klux Klan member giving a salute with graphic anti-abortion message.
Demoske has since resigned his position.
Walker was one of four delegates to sponsor House Bill 4382 relating to a patient’s right to abortion. The bill would repeal all provisions in state code that restrict access to abortion allowing the state to be governed under Roe v. Wade. Roe v. Wade says women have the right to choose without excessive government restriction.
“Intimidation and retaliation against public officers in performance of their officials duties is illegal,” Toriseva said. “It’s actionable in civil court and actually has criminal implications.”
Walker was the only sponsor of House Bill 4382 to get the email. The other sponsors, Delegates Jim Barach, John Doyle and Kayla Young are all white.
“We find the targeting to be outrageous and we find the imagery to be so outrageous,” Toriseva said. “It offends everybody and more importantly can be the type of thing that insights additional violence.”
Walker, the only Black woman in the state legislature, was clearly shaken after discovering none of her peers received the email. Out of fear, she remained silent for a few days after receiving the email, Toriseva said.
“When someone is targeted based on their race and gender, or a combination and targeted with racist violent language that’s too far,” Toriseva said.
Toriseva said she’s also concerned that the image and message could be a trigger for others to act in a negative way. The message was especially troubling for Walker because she was mentioned by name in the post.
“No one considers the image of a Ku Klux Klan man throwing a Nazi salute apparently to be anything but violent and intimidating,” Toriseva said.
The lawsuit seeks a jury trial, unspecified damages and seeks a restraining order to prohibit the defendants from further contact with Walker.