ROANOKE COUNTY, Va. – After staying on a covered platform 30 feet in the air between two trees, the next battle for two Roanoke County women could be in federal court. On Tuesday, a federal judge could order two tree-sitters protesting the Mountain Valley Pipeline to come down or she could rule to allow them to stay.
On Monday, Theresa Terry, 61, who goes by the name Red, and her daughter, Minor, finished their 28th-straight day of living in the trees in Roanoke County. Their family owns land in Bent Mountain that the pipeline company took under eminent domain. The two are perched in different locations along the natural gas pipeline’s planned path, preventing workers from cutting down trees.
Red Terry said Monday that she still has supplies, including food, although she wishes police were giving her more than bologna sandwiches. She’s still not happy state and county police are denying supplies from friends and family, but she said the officers who have been watching her around the clock for nearly three weeks have treated her well.
Supporters continued camping Monday on the property, which is tucked back in the woods off Poor Mountain Road. Tents line the police tape that surrounds Red Terry’s location. Signs of support and anti-pipeline sentiments surround the area.
Tuesday’s decision could result in a federal court ordering police to arrest the tree-sitters. Red and Minor Terry and three other family members, who own the land on which they sit, all face a civil federal contempt charge.
The Terry family’s lawyers said Tuesday’s arguments will, in part, center on bats. They will focus on a January ruling that resulted in an order saying the company can’t cut trees in certain areas after March 31, a deadline meant to protect endangered bats.
A Mountain Valley Pipeline spokeswoman told 10 News in a statement about the motions filed April 20 against the Terry family, “It is unfortunate that these additional elements of enforcement had to be taken.” The spokeswoman said cutting in these areas is following the bat-protection order.
The lawyers for the Terry family disagree.
"That's different than what they told the judge in court," attorney Justin Lugar said. "They were going to treat the rest of the area as if bats were located there because they couldn't tell."
The family’s lawyers are confident the protests will continue after the judge’s decision Tuesday.
“We don't believe the court has the power to compel Red or Minor to come out of the trees,” Lugar said.
They believe Tuesday’s decision speaks to the ability of everyone whose property the company seized under eminent domain to access their land.
“I think it's an extraordinarily important hearing about what constitutes property and so it's far from a technicality,” Tom Bondurant said.
Lugar and Bondurant said they will not be arguing Tuesday on the overall point of contention of the company’s ability to build the pipeline. They said there are other ongoing court cases that address that issue, which deal with the 5th Amendment to the Constitution.
U.S. District Court Judge Elizabeth Dillon has ruled all five family members must be in court tomorrow, although the two tree-sitters have no plans to come down.
Separately, Red and Minor Terry are facing a criminal trespassing charge in Roanoke County on what they see as their own land. It’s expected police will charge them if they come down from their positions.
Meanwhile, taxpayer money is being used so police can keep watch.
“Certainly it will be a significant amount of money between having police around the clock now for nearly three weeks. There are all kinds of associated costs that go along with that,” Roanoke County spokeswoman Amy Whittaker said.
Since 10 News first covered the Terrys' protests, many national media outlets have taken interest in the Bent Mountain area. The Washington Post ran a story just over a week ago and Red Terry said a documentary film crew from Los Angeles paid her a visit recently.