Man arrested for clapping at Kansas city meeting over proposed data center

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Last Wednesday, Lux Claridge planned to speak out against a proposed 1,000 acre data center in their town of Emporia, Kansas. They left in handcuffs after a city commissioner ordered them arrested for clapping.

“It was annoying,” Claridge told 404 Media. “So what happened was I clapped for the previous speaker. She hadn't even gotten back to her seat before I stopped clapping. My wife was on the way up to the podium. The time for my wife's speech hadn't even been reset yet [...] you see the 51 seconds remaining from the previous speaker. So I don't know what I was disrupting exactly, but I was not clapping the entire time.”

The big topic in Emporia, a town of 20,000 people, is the proposed Flint Hills Digital Campus — a massive data center that would eat up prairie land near Claridge’s home. There’s been several zoning and city commission meetings about the project and Claridge has been there for many of them.

“They’re talking about a gigawatt facility and our local power facility pushes out maybe a gigawatt on a monthly basis, which is something I brought up on my first speech, June 3, I was like, ‘Where are we getting this power from? Because Wolf Creek’s not going to do it,’” they said. Wolf Creek is a local nuclear power plant. “We’re talking millions of homes of power, that’s how much energy we’re talking about here. It’s not thousands, it’s millions.”

Claridge is not opposed to data centers outright, but they do think the current Flint Hills Digital Campus is a terrible idea. They planned to restate their position at the city commission meeting last week where they were arrested. “I was going to basically just call them out on all the potential lies that seem to be surrounding this. It was the week before [...] The news broke that Gary Pinkston, the developer behind this, under sworn testimony in his bankruptcy case, said has no idea what the digital campus project is . He has no interest in it,” Claridge said. “He said the Kanza Park [the LLC behind the project] is his daughter's thing.”

An open letter to the community from Pinkston appeared in both the Emporia Gazette and on the website for the Flint Hills Digital Campus. In the bankruptcy hearing, Pinkston’s creditors asked him if he’d written the letter. “And he said no. And he said he couldn't tell us who did write it. And we're like, ‘Hold on, what's going on?’” Claridge said. “So I had like four points of, you know, kind of catching them in some inconsistencies and asking them about it. You know, who is this Gary guy? Does he work for this or not?”

During the meeting, the commission warned the crowd to stop clapping multiple times, but Claridge walked into the room after the warnings. “We continued to clap, though eventually it started moving to snapping fingers, all beatnik style,” Claridge said. “I did that a little bit too, but in total, I clapped for 13 speeches. I snapped five times, and there were three warnings, a final warning. Then I finally got arrested.”

On the recording you can hear commissioner Monica Duncan tell the police chief to toss out the next person who claps. Claridge had just finished their clapping for a speaker. Their wife was at the podium. “He instead just walks right up to me, tells me to get out, and then, well, you saw what happened. I went to the floor.”

In footage of the meeting published on social media and Emporia’s city commission page, Claridge tells the cops they have a first amendment right to speak. The police ask them to leave and Claridge tells them to “drag me out.”

“I felt like I had a right to be there to voice my concerns,” Claridge said. “I am fully of the notion that clapping is a First Amendment right that I have. I can exercise that as long as I'm not disrupting, and I still argue that I was not disrupting at all. But I basically told them that you know, yeah, I have a right to speak. I'm here to speak. I have a right to clap, and if you want me out, you're going to have to drag me out. And I just stood firm and, well, sat firm and said ‘drag me out’ a couple of times so they knew for sure what I was about.”

They said that the police charged them with disorderly conduct and came back two hours later to add interfering with a law enforcement officer. Emporia PD has refused to share a copy of Claridge’s arrest report with 404 Media, saying it “could interfere with ongoing investigative efforts.”

Claridge said their wife crowdsourced a bail fund from the local community and they were out of jail about eight hours after they’d entered. “They told me my court date was September 10 in the morning,” Claridge said. “Thankfully, while I was in jail, a family friend who's also an attorney texted me and said: ‘Hey, I think you might have some legal trouble coming up in the future. I would be happy to represent you.’ So I do have a lawyer. He seems pretty gung ho about all this, and so I'm really excited to see how this all shakes out in the court.”

The charges haven’t stopped Claridge from talking about the data center — they’ve been commenting on news stories about Emporia and the arrest on social media. “This is a First Amendment thing so you bet your butt I’m going to be speaking out and talking,” they said.

The arrest is a strange twist of fate. Claridge said they’d had a good relationship with the commission before this. “Monica was actually my quote unquote ‘favorite person’ on the commission, as loosely as I can use that word. So I was very shocked when it was her that probably ordered the arrest,” Claridge said.

The city had even invited Claridge and their wife on a fact finding mission to Pryor, Oklahoma in June. Pryor is home to a massive data center campus that hosts clients like Google and DuPont so Emporia and some of its citizens went to learn how Pryor was feeling about it. Claridge filmed portions of the trip and uploaded them to YouTube .

“I was really impressed with what I saw in Pyror, Oklahoma. I saw all the ad valorem taxes go into things like schools and fire department upgrades. Like the town was wonderful down there, and they brag about how they don't take any state or federal money for their school system. It's all paid by the data center, and I think that's brilliant,” Claridge said. “I would love to see something like that if we can make the benefits outweigh the costs. So you know, do your due diligence. Look into what's being done, what's being promised, and if you don't like it, you know you can always petition and restructure your government or recall your government. That's basically what we're working on now. We got three petitions in the works to try to restructure the city commission into more of a city council situation.”

Claridge isn’t against data centers as a rule, they just want to make sure it’s done right. But the oddities around the bankrupt developer, the current plan to use 1,000 acres of prairie land, and the combative attitude of the city commission are problems. Claridge pointed out that there are already large tracts of land zoned industrial with buildings that have been empty for 20 years. “We have all these properties already ready to go, even in an industrial park four where they want to extend this park. But instead, they just want to build brand new buildings on prairie lands and lands that are like really in people's backyards,” they said.

There’s another meeting in August and Claridge said that the arrest won’t stop them from attending. “From my perspective, these are my representatives and they’re beholden to me and my fellow community members and so I’m definitely going to go and try to make my voice heard,” they said.

Claridge also said they plan to give a speech in the near future, but they haven’t worked out the details. “And I've heard that a lot of people are planning on coming and being goofy, you know, or a standing ovation or different gestures or whatever,” they said. “They really just make fun of the commission for being so upset over clapping.”