CHARLESTON, W.Va. -- Mountain Party gubernatorial candidate Jesse Johnson on Wednesday sued the group holding a statewide televised debate, trying to force them to let him participate.

"This is a travesty of justice, and its taking place today not only in West Virginia, but other places in the country, and it's distinctively un-American," Johnson said after filing the petition in Kanawha Circuit Court for an injunction to take part in the West Virginia Broadcasters Association debate on Oct. 13.

"It's not fair, it's not balanced, and I will challenge whether it's legal in court," Johnson said of his exclusion from the debate, which will air on television stations across the state.

WVBA Director Michelle Crist has said the association traditionally invites only the two major-

party candidates to the gubernatorial debate, because of time and logistical constraints.

On Wednesday, Johnson said the Mountain Party has established its credentials as a legitimate third party, with candidates on state election ballots for nearly a decade. "I am the duly recognized candidate of a duly recognized party that is on the ballot in all 55 counties," he said.

If he is excluded, Johnson said, voters who oppose mountaintop removal mining and who favor abortion rights will not be represented during the debate.

The petition Wednesday was filed against the WVBA and the management of the Clay Center, which will host an invitation-only audience for the debate.

Johnson hoped that Gov. Joe Manchin and Republican challenger Russ Weeks will support his stand.

Manchin campaign spokeswoman Sara Payne Scarbro said Wednesday the governor favors including Johnson in the debate, and sent a letter to the WVBA making clear he has no objections to his inclusion. Weeks campaign consultant Gary Abernathy said, "Russ has said he doesn't have a problem with Jesse being in it."

Johnson also sought an injunction to participate in the association's 2004 gubernatorial debate, but that 11th-hour petition was denied.

Reach Phil Kabler at ph...@wvgazette.com or 348-1220.

CHARLESTON, W.Va. -- Mountain Party gubernatorial candidate Jesse Johnson on Wednesday sued the group holding a statewide televised debate, trying to force them to let him participate.

"This is a travesty of justice, and its taking place today not only in West Virginia, but other places in the country, and it's distinctively un-American," Johnson said after filing the petition in Kanawha Circuit Court for an injunction to take part in the West Virginia Broadcasters Association debate on Oct. 13.

"It's not fair, it's not balanced, and I will challenge whether it's legal in court," Johnson said of his exclusion from the debate, which will air on television stations across the state.

WVBA Director Michelle Crist has said the association traditionally invites only the two major-

party candidates to the gubernatorial debate, because of time and logistical constraints.

On Wednesday, Johnson said the Mountain Party has established its credentials as a legitimate third party, with candidates on state election ballots for nearly a decade. "I am the duly recognized candidate of a duly recognized party that is on the ballot in all 55 counties," he said.

If he is excluded, Johnson said, voters who oppose mountaintop removal mining and who favor abortion rights will not be represented during the debate.

The petition Wednesday was filed against the WVBA and the management of the Clay Center, which will host an invitation-only audience for the debate.

Johnson hoped that Gov. Joe Manchin and Republican challenger Russ Weeks will support his stand.

Manchin campaign spokeswoman Sara Payne Scarbro said Wednesday the governor favors including Johnson in the debate, and sent a letter to the WVBA making clear he has no objections to his inclusion. Weeks campaign consultant Gary Abernathy said, "Russ has said he doesn't have a problem with Jesse being in it."

Johnson also sought an injunction to participate in the association's 2004 gubernatorial debate, but that 11th-hour petition was denied.

Reach Phil Kabler at ph...@wvgazette.com or 348-1220.