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Tuesday, June 7
’Hoos on third

Today the Washington Nationals drafted UVA third baseman Ryan Zimmerman in the first round of the 2005 Major League baseball draft. The pick is a historic double-play. As the fourth overall pick, Zimmerman was drafted higher than any Cavalier in history. Furthermore, he is the first draft pick by the Nationals, formerly the Montreal Expos, who are in their first season in Washington, D.C. Zimmerman hit .393 with UVA, and the Nationals say he is a Gold Glove-caliber third baseman who could be ready for the majors in two years, according to The Washington Post.

 

Wednesday, June 8
Graves discovered at UVA

Today archaeologists from Rivanna Archaeology Services showed off new artifacts uncovered from a 19th-century family cemetery on UVA-owned land near Venable Lane and Jefferson Park Avenue. A free black woman named Catherine “Kitty” Foster purchased the land in 1833 and probably worked there as a laundress for UVA faculty and students. Construction workers first unearthed a coffin on the site while building a parking lot in 1993, and discovered a total of 12 graves there. UVA hired Rivanna to explore the site further in preparation for a memorial, and they discovered two more graves (which were left undisturbed) along with buttons, broken dishes, nails and a tiny doll’s head. “They didn’t have weekly trash collection in the 19th century,” says Rivanna archaeologist Ben Ford. “They just threw it in their yard.”

 

Thursday, June 9
We might overcome, one day. Maybe.

At noon today, the First Baptist Church on Main Street was nearly full with folks eager to honor the 2005 “Community Bridge Builder” honorees. Charlottesville City Council and the Bridge Builders Committee have given out the award since 2001 in recognition of citizens who have reduced barriers and bridged social gaps in the city. This year’s recipients were civil rights activists Paul Gaston, Eugene Williams, the late Gerald C. Speidel, the late Rev. Henry B. Mitchell, former mayor Nancy K. O’Brien, and the late Tillie K. Miller, a Downtown businesswoman. While grateful for the recognition, many honorees noted that there’s still work to be done, especially with civil rights. “Unfortunately, we are still singing ‘We Shall Overcome,’” lamented Williams in his acceptance speech. The honorees get a plaque with their name on it placed on The Drewary Brown Memorial Bridge.

Friday, June 10
Albemarle First Bank merges with Millennium

The share price for Albemarle First Bank jumped in heavy trading today on news that the bank will be combined with Reston-based Millennium Bankshares Corp-oration. This morning Albemarle First opened at $15.05 per share, up 32.5 percent over its previous closing price and far ahead of its 52-week high of $12.50. Albe-marle First, which has three branches in Charlottesville, will retain its name, according to an article on Business Wire, which valued the transaction at about $29 million. The merger, expected to close in the fourth quarter of 2005, will combine Albemarle’s assets of $125 million with Millennium’s assets of $425 million. Shareholders of Albe-marle First Bank will receive, for each share they own, a number of shares of Millennium Bankshares’ common stock with an aggregate market value equal to $15.82 per share.

 

Saturday, June 11
Dogs from a single home stress SPCA’s resources

A week ago, dogs from an Albemarle home overrun with canines started arriving at the Charlottesville-Albemarle SPCA. By Monday, June 6, 34 dogs had arrived from that one house alone. Already at capacity when the dogs were discovered, the SPCA tapped foster homes in the area to make room for the influx. The organization also rallied the press, getting a front-page article in The Daily Progress, as a way to drum up community support in terms of both fostering and funds, says Patrice Batcheller, Director of Development and PR for the SPCA. To date, says Batcheller, as a result of the publicity, they’ve received approximately $1,000 in donations. Unfortunately, 15 of the animals had to be euthanized due to aggressive behavior. The remaining 19 dogs will be up for adoption within weeks.

 

Sunday, June 12
Hate rag nourishes local compost heap

Today residents on the east end of Charlottesville discovered copies of a 16-page newspaper, The Aryan Alternative, thrown on their front lawns. According to police, the white supremacist newspaper appeared at most homes from Park Street east to the 250 Bypass. Leaflets from a hate group called the National Alliance, which claims to have members in Char-lottesville, have appeared twice before in that part of the city. “They’re equal opportunity haters,” says John Gibson, artistic director of Live Arts, who found the paper while working in his garden at his home on Lexington Avenue. “If you’re black, Jewish, gay or liberal, there’s something here for you. It makes good mulch.”

 

Monday, June 13
Tingley blows his load

Three would-be Democratic successors to Charlottesville delegate Mitch Van Yahres made their last appeals to voters today. As of June 1, David Toscano reported a campaign war chest of $76,692 from 348 contributors; Richard Collins had raised $17,365 from 66 contributors; Kim Tingley loaned his own campaign $46,000 and collected another $9,092 from 34 donors. Tingley led all spenders, blowing through $46,665 as of June 1. The winner of the Democratic primary on Tuesday, June 14 will face Republican Tom McCrystal.

Written by John Borgmeyer from staff reports and news sources.

 

 

Special tree-ment
How the City will replace Mall trees with minimal disruption

It’s been hot as hell lately. And as any good Charlottesville lush knows, the place to camp out and enjoy a cold one while soaking in your own sweat is a Downtown Mall patio beneath a canopy of leafy trees. A small breeze, some blessed shade, and ahh, life’s infinitely improved.

   Unfortunately, the facts of life dictate that our beloved Mall trees are going to keel over and die one of these days. Planted all at once when the Mall was constructed in the mid-’70s, chances are a day will come when the trees start dying en masse, potentially leaving Downtown to bake in the sun. That’s why it’s always good to plan ahead.

   Mike Svetz, Director of Parks and Recreation for the City, says don’t panic. Replacement of the trees on the Mall will begin, s-l-o-o-w-w-l-y, when the much-planned, long-time-coming rebricking of the Mall commences.

   Who knows when that will be, though. Construction is already underway on the Mall extension project and transit center, both designed by Wallace, Roberts & Todd, LLC, (the Philadelphia-based architects hired by City Council under former mayor and WRT fan Maurice Cox), but the rebricking plans are a bit behind. However, the rebricking plans are slated to arrive by the end of June according to WRT landscape architect Hank Bishop, who’s worked on the project from its inception.

   Once WRT turns in its plans, the timeline is up to the City. How quickly things come to fruition will then depend on how quickly the City allocates money for construction and what priority it gives rebricking on its to-do list.

   Estimates from a few years back put the rebricking project at $1.5 million to $2 million for each of the Mall’s now-seven blocks, says Bishop, but that price could come up a little short. As for the project’s status, City Councilor Kevin Lynch noted, “there are other balls of higher priority,” citing the east end project and the Juvenile and Domestic Relations Courthouse, as being more pressing.

   So, we’re talking years here. But back to the slim shadies.

   According to Svetz, a major trimming was done in January to prolong the lives of the 30something-year-old trees, but that effort was not enough to save the ailing maples in front of Central Place. Due to their poor health, those trees will be replaced when construction for Lee Danielson’s hotel in the old Boxer Learning building gets underway later this summer.

   As for the rest of the trees, Svetz and Bishop want to stagger their replacement. The grand plan is to start by replacing trees nearer to the end of their life cycle. This way, should a drought or hot summer strike, all the trees won’t be pushed across the, um, River Sticks at once.

   “The entire [rebricking of the] Mall is probably not going to be done all at once,” says Svetz. “The trees will be replaced in line with replacement of brick.”

   WRT’s Bishop agrees with Svetz, saying the firm’s plans recommend maintaining a balance of shade and big trees, while simultaneously phasing in new trees as the older ones grow increasingly stressed. Moreover, WRT’s plans include planting additional trees in one or two spots that lack shade as it stands now, perhaps toward the west end of the Mall. And, hey, the more shade for midday cocktails the better.

   “People really love those trees,” says Councilor Lynch. “We’re going to have to be really careful as to how we do [replace them].”—Nell Boeschenstein

 

Big man on campus
UVA’s new architect wants his buildings to teach a lesson

In a town that approaches architecture with an almost religious fervor, taking a job as head architect for UVA is analogous to putting on the pope’s miter. New UVA Architect David Neuman is designing buildings that will sit side-by-side with structures drawn up by The Big Guy himself, Thomas Jeffer-son. Pressure?

   “It’s a challenge,” says Neu-man, who came here in Feb-ruary after nearly 15 years as architect at Stanford. Culturally, Virginia could hardly be more different from California—historically home to fortune seekers, actors and self-inventors. It’s almost like they’re on different sides of the country.

   “Virginia is more interested in keeping closer to the tradition that’s here, right now,” says Neuman. “So how do you put contemporary people and contemporary buildings alongside buildings that are 175 years old?”

   As UVA Architect, Neuman must walk a thin line. If he’s too conservative and clings to the red-brick-and-column formula, then the faux-historic buildings would only dilute the authentic history of places like the Rotunda. If he’s too liberal, though, his bosses on the Board of Visitors wouldn’t take kindly to some curved-steel-and-glass, Frank Gehry-looking art project on the South Lawn.

   Since it takes three or four years to shepherd a building from conception to construction, we won’t get to see Neuman’s vision until UVA builds a new studio arts center at Carr’s Hill. “It will use the same materials and the same vocabulary, in an expanded way,” says Neuman.

   Neuman will likely not depart too radically from what can be described as “the UVA look.” But he does have some ingenious ideas for incorporating contemporary thought into otherwise conservative buildings.

   He hopes to incorporate new environmentally sensitive design elements into UVA buildings as a way to teach ecology—the lesson isn’t in the classroom, the classroom is the lesson. For example, he wants to build a new Commerce School building to employ such technologies as a “green” roof that uses plants to absorb and filter stormwater runoff (similar to the roof on Albemarle County’s new office buildings on Fifth Street Extended).

   Other eco-technologies include “geothermal assist,” which uses an underground loop of pipes to chill water for air-conditioning, or biofiltration ponds that help clean stormwater and send it flowing gently back into local streams. (This technology is already being used for UVA’s new basketball arena—the pond on Emmet Street is part of the filtration system.) Also, visible electric meters could show students how much energy a building consumes.

   It’s an ingenious idea. After all, environmentally conscious students are already aware of planetary health issues. But the business, law, economics and commerce students might be less likely to take an environmental studies course. If Neuman’s eco-buildings come to fruition, they won’t be as cutting-edge as the solar-powered buildings at Oberlin College, for example. And Neuman’s buildings won’t save the world by themselves. But they might make tomorrow’s captains of industry more ecologically sensitive.

   If there’s one thing this town takes more seriously than architecture, it’s education. By greening UVA, Neuman hopes his buildings will show, he says, “that UVA is in a leadership role, as well as aware of its history.”—John Borgmeyer

 

The last supreme
Supreme Court decision to affect Virginia cancer patients?

In his dissenting opinion in the case of Gonzales v. Raich last week, Supreme Court Justice Clarence Thomas wrote that “if the majority is to be taken seriously, the Federal Government may now regulate quilting bees, clothes drives and potluck suppers throughout the 50 states.”

   Somewhat surprisingly, this impassioned response was the conservative judge’s rejoinder to the Court’s 6-3 ruling that the federal Controlled Substances Act trumps allowances certain state laws make for the usage of medical marijuana. In other words, Clarence Thomas doesn’t care if you want to smoke pot for your medically diagnosed ailments. Not because he’s soft on drugs, but because it’s just not the federal government’s bag, baby.

   States rights advocates and cannabis activists are strange bedfellows worthy of an ironic chuckle, but depending on whom you talk to, Virginia’s cancer and glaucoma patients could lose the right to smoke medicinal marijuana in the wake of the Court’s June 6 ruling. And that’s a very serious matter.

   A 1979 addition to the Virginia Code states that no one—no doctor, pharmacist, or patient—can be prosecuted for dispensing medical marijuana provided they have a valid prescription stemming from cancer or glaucoma. No provisions are made for supply, however, meaning that should a prosecutor go after the person who provides a doctor or pharmacist with pot, that person does not have a legal defense.          Charlottesville’s Commonwealth’s Attor-ney Dave Chapman believes the Court’s decision could render these Virginia Code provisions ineffective.

   Prior to June 6, Virginia law operated under the provision that so long as there was a good-faith belief that a prescription was valid, the patient, doctor or pharmacist was in the clear. However, says Chapman, in light of the Court’s ruling on federal pre-emption, “no person in the Commonwealth could or should have a bona fide belief that they were issuing a valid prescription for marijuana…”

   In other words, no prescriptions dispensed under State law are valid because federal law prohibits marijuana even for medical purposes.   U.S. Attorney for the Western District of Virginia, John Brownlee, declined to comment.

   Supreme Court interpretations may change State law, in theory, but it’s another question entirely how that translates into local drug enforcement.

   Al Byrne, secretary-treasurer for Patients Out of Time (POT), a medicinal cannabis advocacy group located in Howardsville, suggests that since the ruling pertains to federal law, not local law enforcement, nothing will change. Federal agents, he says, are concerned with larger distribution, not individual users.

   “Locally,” says Byrne, “the sheriff here in Nelson County is not all of a sudden going to go on a witch hunt for medical marijuana purposes.”

   Nelson County Sherriff Gary Brantley was out of town and could not be reached to respond to Byrne’s challenge.

   Moreover, POT asserts the courts are not the way to attack this issue. In order to address medicinal marijuana issues, Byrne says advocates should either go to Congress and get the laws changed at the federal level, or go straight to the regulators.

   In fact, says Byrne, POT has submitted a petition to the Drug Enforcement Agency to get cannabis rescheduled (official term for “reclassified”) from a Schedule I substance to a Schedule III or IV substance. A Schedule I substance is highly controlled by the federal government. A Schedule IV is available over-the-counter.

   The DEA has approved POT’s petition and passed it on to the Department for Health and Human Services for review. Byrne says a response is expected soon.

   Lt. Don Campbell with the Jefferson Area Drug Enforcement (JADE) task force, concurs with Byrne. He has never arrested anyone with a prescription to use marijuana for glaucoma or cancer and he doesn’t see himself doing so in the future.

   “[Medical marijuana] has never been a problem [in the area],” says Campbell. “I’ve been here 20 years and the ruling’s not going to change how we do business.”—Nell Boeschenstein

 

Big hole to fill
East Mall project on schedule, but $4 million over budget

It’s right there on the official Loretta Lynn website—she’s playing the Charlottesville Pavilion on July 30, dirt pile or no dirt pile.

   Although construction has gone slower than expected, City officials say that by the time Lynn hits the stage, construction on the Charlottesville Pavilion will be finished. Er, almost.

   “It should be done to where people who are going to that event should have a good safe passage to the amphitheater,” says Aubrey Watts, the City’s chief operations officer, calling the ven-ue by its former name. He predicts that the east end will still be lacking some light fixtures by showtime; he also said some work on Seventh Street, which will be blocked off by the new east end plaza, won’t be finished until August.

   According to a recent report from Watts, there have been a number of delays that will make the project a close call for Lynn’s gig. In March, workers discovered four underground storage tanks that had apparently once held bus fuel, and had to call the Virginia Department of Environmental Quality for oversight of their disposal.

   Heavy rains further delayed construction in May. The report also caused a slight stir when it claimed that “work on the Free Speech Monument, by the Thomas Jefferson Center for the Protection of Free Expression, has completely halted Mall Extension work at the west end of the project site.”

   The Center’s Associate Director, Josh Wheeler, says he was surprised by the report. “We’ve met every deadline that has been set for us,” Wheeler says. “It was the first time we had heard that the monument was causing any delays to the project as a whole.”

   Watts elaborated on the report to
C-VILLE, saying later that there were several causes for construction delays and “it’s not fair to put it all on the monument.”

   No matter what happens, the venue will be ready for Lynn, promises Kirby Hutto, general manager of the Pavilion. “We will have that concert at the Pavilion,” Hutto says.

When City Council discussed the pavilion’s progress at their regular meeting on Monday, June 6, they were more concerned about the price tag than the timeline. An ultra-modern bus transfer center to be situated near the pa-vilion was originally supposed to cost $6.5 million, but that has climbed to about $10.5 million—despite the fact that the City has cut the transfer center’s size almost in half.

   “Construction and capital costs are going up considerably,” Watts says. “Fuel prices, concrete prices, steel prices are affecting it. It’s not unique to Charlottesville.”

   The City is obtaining State and federal grants to cover the extra cost. The Virginia First Cities coalition gave Charlottesville a grant for $600,000, and the Virginia Department of Transportation chipped in $100,000. The City also gets grants each year from the Federal Transit Administra-tion, and those grants over the next two years—a total of $3,111,706—will go to the transfer center.

   The escalating cost of the transfer center is prompting some Councilors to question whether the grant money couldn’t have been better spent improving the city’s lackluster bus system.

   “I’m not sure we’ve gotten the most transit bang for the buck,” says Councilor Kevin Lynch, a staunch transit advocate who voted for the transfer center project.

   Councilors are also having second thoughts about how much money the City has spent on architects for the east end project. The previous Council, under the leadership of architect Maurice Cox, hired the Philadelphia firm of Wallace, Roberts and Todd to design the east end plaza, and so far the City has forked over nearly $1.3 million to the firm.

   “The quality of architecture is not worth those dollars,” says Councilor Blake Caravati, a general contractor who also voted for the project. “In the future, we should look at local firms.”—John Borgmeyer

 

Legal Aid is in the house
Rock House rehab project proceeds at a lightning pace

One simple word, written in Magic Marker above a transom at the rear of the structure, tells the whole story of the Rock House: “leave.”

   Leave, as in leave intact this piece of the interior that sends light through the historical property across from Washington Park. Leave, as in leave C.B. Holt’s “Rock House” standing 80 years after he built it by hand, stone by stone, from materials quarried from the Rivanna River. Leave, as in leave behind any notions of razing that the once-neglected building may have inspired. For the Rock House, a reminder of Char-lottesville’s early 20th-century African-American experience, is firmly ensconced in the next chapter of its vivid history.

   Seven months after fundraising officially got underway to restore the house at 1010 Preston Ave. to a functional state, the project—spearheaded by the Legal Aid Justice Center—is more than two-thirds of the way toward its $230,000 goal. When Legal Aid purchased the former Bruton Beauty Supply building right next door, the Rock House, 30 years out of use, conveyed with the larger property. But for a couple of years, no one had any idea what to do with the one-and-a-half-storey bungalow-like building that was dank with mildew and rot due to extensive water damage. “I think it really was close to the bulldozer on several occasions,” Legal Aid Executive Director Alex Gulotta says.

   But thanks to the confluence of good intentions, dogged research, philanthropy and social idealism, C.B. Holt’s Rock House will see a new life. By next year it will be home to a new pro bono legal practice that joins UVA law students with top-flight area law firm Hunton & Williams under the supervision of Legal Aid to assist people with family law or immigration and asylum cases.

 

Charles B. Holt was a furniture and umbrella repairman who married late and waited seven years after purchase of the property to construct his stone house on the site directly across from what became Washington Park. The era’s Jim Crow laws disadvantaged Holt as it did other African-Americans at the time, but his sheer determination to make something unique and comparatively stately could not be denied. Indeed, William Hale, who is construction manager for the res-toration project, speaks of Holt’s work in glowing terms: “Mr. Holt was trying for a certain substantiality and grace in what was being done. I’ve worked on a lot of rural housing and farmhouses of different economic strata restoring them over the years and I’ve seldom seen one done with as much attention to detail.”

If the unusual stonework of the house weren’t enough to commend it to history (most African-American neighborhoods of the 1920s were built of wood, according to Legal Aid research), the residents who succeeded Holt and his wife ensure the significance of the place. Holt’s step-daughter-in-law, Asalie Minor Preston, a schoolteacher, lived in the house until the 1970s. She endowed a scholarship fund, the Minor-Preston Educational Fund, which continues to give annually up-wards of $200,000 to low-income, college-bound students.

On the basis of the building’s architectural and social significance, Legal Aid was successful in winning a historic property designation from the City of Charlottesville in March. This development, along with the tireless efforts of advocates Margaret Dunn, who volunteers at Legal Aid, and Kimberly Emery, a dean at UVA Law School who specializes in pro bono and public interest work, helped secure fast funding for the renovation project.

For one, the Perry Foundation, a local charity that gives away about $1 million annually, has promised to pony up $60,000 if Legal Aid completes its campaign for the other $170,000. Two things inspired the pledge, says Gary McGee, the foundation’s vice-president: “One, the significance of the house itself and the structure historically to the black community.

“The topping,” McGee continues, “was when it was firmed up that it would be used for a pro bono project with Hunton & Williams and the law school.”

Indeed, it has been Legal Aid’s hope from the start of the Rock House project that it would land tenants worthy of the structure’s history. The pro bono project, championed by Emery, is the right fit, says Gulotta. “It’s a perfect match,” he says. “I can’t say it any other way.”

“Putting a pro bono partnership in that house with a hand-up instead of a hand-out keeps with the spirit of Charles Holt,” Emery says.

On top of committing a lawyer to the pro bono project full-time, Hunton & Williams has also committed $20,000 to the Rock House. And George Hettrick, a partner in the firm, says that the location of Legal Aid—and by extension the Rock House—made all the difference in Hunton & Williams coming on board. “We could have rented some garden-variety office space [for pro bono work],” he says. “This location is where all the clinical law students come and that tells me this location is where you go to help people who cannot afford lawyers.”

At present, the house is a skeleton on the inside, with old plaster ripped out and a few rotted joists awaiting their replacements. And though the plan calls for the Rock House to be occupied by the end of the year, there’s still the matter of another $90,000 that needs to be raised. To that end, July will be a big month for the project. Photographs by Jim Hall, who first captured the Rock House for C-VILLE in November, will be on display at the Charlottesville Community Design Center through that month. A community meeting is scheduled for July 9 at the Zion Union Baptist Church, just up the street on Preston Avenue, and on July 30, in conjunction with the African-American Festival, Legal Aid will give tours of C.B. Holt’s house.

Emery, for one, finds this latest installment in the Rock House story to be uplifting. “Having a chance to save a property like this and put it to this kind of use has been inspiring to us,” she says. “The track this has taken—the stars have aligned.”—Cathy Harding

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When push comes to shrub

Dear Ace: I’ve been doing a considerable amount of plant dodging while strolling along the sidewalks around town. Obstacle courses can be nice, but it’s starting to ruin my walks. How do I make these homeowners keep their plants off my path?—Bush Whacked

Ah, Bush. Ace understands your woes—plants can be a pain. If they aren’t attacking you with pollen in the spring, they’re hampering your leisurely stroll in summer, fall and winter. It’s a good thing the plants pull their own weight with that whole oxygen production thing; otherwise, Ace might not be able to resist his flora-cidal urges!

   To find out how to deal with negligent homeowners, Ace cut straight to the law. Searching the dense code, Ace got the sense that the tangled city laws were in need of a good trimming themselves. Following the overgrown paths to the section on Zoning and Planning, Ace discovered that it is, in fact, the expressed “duty of the owner or occupant to cut grass, weeds, and other vegetable matter from the property line to the public street right-of-way.” The code goes further to state that all city homeowners or occupants must prevent their property from becoming “unsightly, impeded or offensive.” (Ace has encountered many offensive plants in his day—should a shrub ever offend you, insult that obstinate plant right back!)

   So there’s the law, but to figure out the spirit of the law, Ace called up Jerry Tomlin, a zoning and building code official for the city of Charlottesville. An expert on the code and its implementation, Mr. Tomlin told Ace that any growth obstructing the public right of way falls under the dreaded Weed Ordinance. If the grass is not obstructing the right of way, but is nonetheless deemed “unseemly” (roughly 18" high) within 150 feet of a building, then the Weed Ordinance can also be applied.

   If there is a particular yard you have in mind, Bush, your first step would be to lodge a complaint with the Director of Planning. Should the Director of Planning determine the yard to be “unseemly” or “impeding” then the City will notify the homeowner with a written notice. If the homeowner fails to comply with the request within 10 days, then the City will do the work. But lazy homeowners, beware of this option! The costs incurred in the clean up are passed onto you.

   So, now that you know, Bush Whacked, go forth and rat out your grassy, negligent neighbors. The sidewalks will thank you!

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Road to recovery

Road to recovery

“Opium teaches only one thing, which is that aside from physical suffering, there is nothing real.” —André Malraux

 

The wild monster

The Toyota hatchback that Dwaine bought for $100 shuddered as it hit interstate speed. Smoke curled from the Marlboro between his fingers and slipped into the air rushing outside his window. In the cool morning, Dwaine could see mist rising like ghosts in the creekbeds along Interstate 81, just south of Harrisonburg.

   He wore a gray sweatshirt and black track pants, with a can of Mountain Dew balanced on the car seat between his legs. Despite the chill, beads of sweat glistened on his high forehead.

   “I’m feeling really anxious right now,” he said, aiming the car for the exit to I-64 East. “My medicine is down at the end of this road, and I’m feeling like I’ve got to get there.”

   The end of the road for Dwaine is the Addiction Recovery Systems (ARS) clinic on Pantops Mountain in Charlottesville. Since August, Dwaine has been receiving methadone at the clinic to treat a heroin addiction that gripped him for the past 20 years. For the better part of his life Dwaine has spent each day at the mercy of what he calls “the wild monster,” that part of himself that craves a heroin fix so fiercely that he would do anything—literally, anything—for just one more.

   Although he speaks frankly about his addiction, C-VILLE decided not to use Dwaine’s full name to protect him from the stigma associated with drug addicts.

   Now his fix is methadone, a synthetic opiate originally designed during World War II as a substitute for morphine. In clinics like ARS, methadone is administered as a treatment for heroin addiction, and, increasingly, opiate-based prescription pain pills, such as OxyContin. Those narcotics are classified by the Drug Enforcement Administration (DEA) as Schedule II, meaning they have been approved by the U.S. government for medical use, but they also have a high potential for abuse.

   Methadone is also a Schedule II narcotic. Because methadone is itself addictive and opiate-based, it remains a controversial treatment. At ARS, specialists provide controlled doses of methadone that curb cravings and stave off withdrawal without getting patients high. It’s the only thing that helps them live a “normal” life, many addicts say.

   Yet as methadone becomes a more popular treatment—not only for junkies but also for the growing number of people hooked on prescription pain medication—it is showing up more and more on the black market. As with any opiate, methadone’s line between pleasure and overdose is harrowingly thin.

   The controversy over methadone is just a small part of our cultural ambivalence about drugs and addiction. The same adults who tell kids to “just say no” also consume an ever-growing array of pharmaceuticals promising miracle cures for boredom, anxiety, gluttony or sexual indifference. We can’t seem to agree on whether addiction is a disease or a moral failing (or perhaps a bit of both). Should we try to help addicts or leave them to suffer the consequences of their choices?

   Dwaine, too, is conflicted about drugs. He has no doubt that methadone saved his life. Yet even as his car sped from Middletown toward Charlottesville on a recent Saturday, Dwaine felt that wild monster inside him, pulling on its chain. “I can’t drop my guard at any time,” he says.

 

Just like Jesus’ son

The opium poppy, Papaver somniferum L., is an annual herb native to southeastern Europe and western Asia. People have cultivated poppy as a drug, a medicine and a lucrative commodity since at least 3400 B.C., when the Sumerians of Mesopotamia referred to it as “hul gil,” or “the joy plant.”

   Today science reveals more about the poppy’s magical properties.

   In times of pain or stress the brain releases endorphins, a neurotransmitter that produces feelings of euphoria and relaxation. Chocolate releases endorphins, hence its reputation as a “comfort food.” After prolonged exercise, endorphins are believed to produce what’s known as a “runner’s high.” Sex, meditation, massage and acupuncture have all been shown to release endorphins.

   Chemicals in poppy plants—opiates—appeal to the same part of our brains as do endorphins. One to three weeks after a poppy plant flowers, an incision in the seed capsule causes the plant to secrete a milky latex. When this substance is collected and dried, it can be refined into opium, which today is further refined into three important substances: codeine, morphine and thebaine.

   Codeine is the most widely used natural pain reliever in the world, usually combined with aspirin or acetaminophen and taken orally. Thebaine is used to make oxycodone, the active ingredient of the brand-name drug OxyContin, manufactured by Purdue Pharma L.P. Morphine is perhaps the most effective pain reliever in the world, also the raw material for heroin. Heroin was widely used by physicians to treat pain between 1874 and 1914, until the Harrison Narcotic Act prohibited the highly addictive substance.

   Dwaine, now 41, discovered just how powerful heroin can be when he first started using the drug in his early 20s. He was living in Middletown, where he worked as a regional manager for Ford. His wife worked for the federal government, and together they were able to afford a house, a boat, a car, a motorcycle and a brand new son.

   Friends introduced Dwaine and his wife to cocaine and heroin. “It’s great,” says Dwaine, describing the feelings he got from a shot of heroin. Shooting or snorting drugs delivers a large dose of opiates quickly to the brain; this sudden rush of narcotic causes the high.

   “It feels warm, like your mother’s embrace. I had energy. I was outgoing. I could work for days at a time with no sleep,” he says. “It was like I was being nurtured by the drug.”

   In fact, it was just the opposite. Because even as heroin’s opiates make users feel, as Lou Reed famously put it, “just like Jesus’ son,” the drug slowly destroys the body’s ability to produce its own endorphins.

   Dwaine says it took only three days to get hooked on heroin. After that, his nose would start to run a few hours after his last fix. It was the first symptom of “dope sickness,” or heroin withdrawal.

   “It’s like a bad case of the flu,” he says. “You have diarrhea, you throw up, you can’t sleep, you break out in cold sweats. Your joints ache.”

   Because the body develops a tolerance for heroin, Dwaine found that as time passed it took more and more of the drug to get him high. The cost of his habit mounted to $250 per day; within 16 months of trying heroin, he had sold his house and all his possessions. His marriage dissolved. Dwaine’s ex-wife took their son. “I heard through the grapevine that she cleaned up from the heroin, but she developed a bad alcohol problem,” he says.

   Dwaine took a different route. He moved to Washington D.C., where heroin was readily available for about $10 a dose. He moved into an Amtrak train tunnel, a home for transient junkies known as a “shooting gallery.” His bed was an old mattress, his shower was a water pipe he busted open with a sledgehammer. Scoring the next fix was his life’s ambition.

   “Stealing, scamming, hustling, male prostitution… I’ve done it all, man.”

 

 Pain killers

In many ways Dwaine represents the archetypical methadone patient—the desperate, strung-out dope fiend. But according to Mary Lynn Mathre, executive director of the ARS clinic, the majority of methadone patients are addicted not to heroin, but legal painkillers prescribed by doctors.

   Other methadone clinics across Virginia have noticed the same trend. Ofelia Sellati runs five methadone clinics, each with about 120 patients, in Virginia and North Carolina under the name Sellati and Company. At her clinics in Richmond and Virginia Beach—urban areas where heroin is more prevalent—about 80 percent of clinic patients are heroin addicts. In suburban areas like Manassas, Sellati estimates that between 50 percent and 60 percent of clinic patients are addicted to prescription pain medication.

   “These are housewives, or your average citizens,” Sellati says.

   According to Paul Lombardo, director of the Program of Law and Medicine at UVA’s Center for Biomedical Ethics, a recent shift in medical culture has made doctors more willing to prescribe potentially addictive painkillers that contain opiate-based active ingredients.

   “In the past, the default position was to be very careful about giving addictive substances,” says Lombardo. In the past 20 years, though, Lombardo says, the experiences of terminally ill patients gave greater acceptance to opiate painkillers. “More recently the pendulum has swung the other way, toward being more proactive about relieving pain,” he says.

   As doctors became more liberal about prescribing synthetic opiate-based pills, also known as opioids, drug companies turned more aggressive in their marketing tactics.

   In 1995 Purdue Pharma L.P. introduced a form of the narcotic oxycodone called OxyContin. Whereas other opiate-based drugs usually came in 5-10mg tablets, Purdue introduced OxyContin in 10, 20, 40 and 80 mg tablets. In 2000, Purdue released a 160 mg tablet that has since been discontinued.

   When taken orally, OxyContin is time-released—the drug seeps slowly into the body and the effects last for 12 hours. Its pain-relieving power was a godsend for patients with severe, chronic pain, but also a temptation to people in search of a high. OxyContin’s time-release property is lost when creative abusers crush up the pills and either snort or inject them. Then the opiates flood the brain suddenly, producing a high.

   When patients discovered they could make money selling their pills, police in the rural Southeast began to notice that a growing number of crimes were associated with addiction to OxyContin, which became known as “hillbilly heroin.” Middle- and upper-class drug addicts (most notably conservative talk radio host Rush Limbaugh) also found the rush of OxyContin hard to resist.

   According to the 2003 book Painkiller by New York Times reporter Barry Meier, in 2001 Purdue spent $200 million in an aggressive marketing campaign that encouraged general practitioner doctors to prescribe OxyContin to people with less-than-severe pain, while suppressing evidence that the drug was addictive and that people were dying from overdoses.

   The pharmaceutical industry has countered that the actual number of deaths directly attributable to OxyContin overdose is unknown, and that reports of an OxyContin abuse epidemic are greatly exaggerated. Regardless, the controversy isn’t hurting Purdue—in 2002 doctors wrote
7 million prescriptions for OxyContin, a windfall of about $1.5 billion, according to a group called Relatives Against Purdue Pharma (a group pushing the FDA to toughen its guidelines regarding OxyContin). Purdue is now seeking FDA approval for an even stronger opioid, Palladone.

   Whether the abuse of opioids can be rightly called an “epidemic,” police say they’ve seen an increase in the number of prescription pills trafficked on the black market. In response, the State Department of Health monitors all Schedule II narcotics. If a doctor is prescribing an unusual number of Schedule II drugs, the Health Department will investigate and share information with the Virginia State Police, which in the past six years has expanded the number of officers who investigate prescription pill abuse.

   “The physician is in an almost impossible position,” says biomedical ethics expert Lombardo. “They have patients clamoring for the latest drugs, but they’ve got the government looking over their shoulder.”

   In April, William Eliot Hurwitz of McLean was sentenced to 25 years in jail and a fine of $1 million for illegally prescribing oxycodone after federal investigators discovered he had prescribed some patients a monthly supply of, in some cases, 1,600 pills of OxyContin and other drugs per day, according to the DEA.

   “A lot of people have real pain, and they’re scared that if they lose their pain medication they’ll have nothing,” says Dr. Robin Hamill-Ruth, director of UVA’s Pain Management Clinic. Doctors refer pain patients to her clinic, and she estimates that about one in 10 are addicts looking for drugs. The clinic keeps careful records of their prescriptions, and she recommends suspected addicts to a program to wean them off the drugs, or to the ARS clinic. “If they’re doing something grossly illegal, I have no qualms calling the cops,” says Hamill-Ruth. “If we’re not consistent about enforcing our opiate agreements, we’re setting ourselves up to be investigated by the feds, and you’re setting up patients to lose their medication.”

 

Heroin for the housewife

An ARS patient named Linda (not her real name) describes how the monster of addiction can sneak up on a typical “soccer mom.” Linda is now 40. In the early 1990s, she and her family lived in a small town in southwest Virginia. During a series of dental surgeries over the course of two or three years, her doctor prescribed Percocet, a combination of oxycodone and acetaminophen, to ease the pain.

   “I liked it immediately,” says Linda, who says Percocet “made me feel better and gave me a lot more energy. It progressed pretty rapidly to the point where I was going to dentists and doctors all the time trying to get medication.”

   Linda went to various doctors and dentists, asking for new Percocet prescriptions. When one doctor got suspicious that she might be an addict, she would go find a new one.

   “I would lie,” Linda says. “I was totally scamming them to get what I want.”

   When she couldn’t trick a doctor, Linda says, she would raid her friends’ medicine cabinets and steal whatever opiate-based pills she could find. “Nobody knew what I was doing. It was shameful,” she says. “I used to pray to God at night to help me.”

   Help came in the unexpected form of the law, when a family friend caught Linda stealing pills and turned her into the police. Linda went on probation and entered rehab. Quitting Percocet produced the same withdrawal symptoms Dwaine knew all too well. She drank and took diet pills to get high, and soon returned to opiate-based drugs.

   She started seeing a therapist, who explained quitting Percocet was so hard because the drug had changed her brain chemistry. Linda read about opiate addiction, and discovered methadone.

   She asked her family doctor about meth-adone, and encountered what many addicts say is a common response to their condition. “The doctor treated me like I was the biggest scum on the face of the earth,” says Linda. “He said I needed to go apologize for my sins and stop taking drugs. I was just shamed.”

   Linda found a clinic in Richmond, and started driving 75 miles each day to get a dose of methadone. “From the first day I dosed, everything was better,” she says. “I stopped craving drugs, I didn’t want alcohol. I didn’t want anything. It was absolutely amazing.”

   She has been taking methadone for six years. “I have no desire to go off of it,” she says. “The 12-step programs, I know they work for some people. But I’d rather be taking care of my children than going to meetings every day.”

   Talking about addiction with her children “is a really hard subject,” she says. Her 12-year-old son has asked Linda if she ever took drugs. “I’m not ready to tell him that,” she says. “We have lots of talks about genetics and alcoholism. I tell him that he is prone to addiction.

   “I hope I didn’t damage them much when they were little.”

 

To hell and back

While Linda nurtured her addiction in secret, behind the veneer of a typical wife and mother, Dwaine’s family—including his five children—harbor no illusions about his life. Dwaine now hopes his story will serve as a warning to his children and others about what can happen when that wild monster that may sleep within each of us wakes up and breaks his chain. Indeed, Dwaine’s tale of life among big-city junkies could be the most effective anti-drug message you’ll ever hear.

   He carries the scars of the devotion to heroin that landed him in that D.C. Amtrak tunnel.

   “Each of my arms probably has a couple hundred holes in it,” he says, rolling up the sleeve of his sweatshirt to reveal the veins in his forearm, which are now stained brown. To find a vein not destroyed by injections, he’s had to shoot heroin into every part of his body.

   “I’ve shot heroin in my dick I don’t know how many times,” he says. “I’ve been so constipated from heroin I’ve had to pull the shit out of my own ass. I’ve been there, man.”

   Dwaine has been shot at and stabbed with a screwdriver while trying to buy heroin in crime-ridden neighborhoods. He’s seen a drug dealer shoot a fellow junkie to death at point-blank range over $6. One morning Dwaine went to go buy coffee and doughnuts; while he was gone, someone shot his friend in the back of the head. Dwaine returned to the Amtrak tunnel to find his friend’s brains spilling out on the railroad tracks.

   Heroin is most deadly when addicts are struggling to get free of it. One of Dwaine’s close friends from the shooting gallery, Ronnie, kicked the drug for several months. When he succumbed to his cravings again, Ronnie made a mistake that almost invariably leads to an overdose.

   During peak usage, addicts build up a high tolerance to heroin. When they quit, their tolerance declines; but when they return for that one last fix, they often use the same potent dose of heroin as when they were active users. That’s what caused the overdose that killed Ronnie, a father of twin daughters. “He blue-lipped on me,” says Dwaine. “I gave him CPR, and he died in my arms.”

   Dwaine’s stint in the shooting gallery finally came to an end after a failed robbery attempt. He and a friend were trying to steal tools out of a pickup truck when the owner caught them. Dwaine’s buddy jumped in the car and turned the engine as Dwaine dove headfirst into the front seat. The driver tore across the parking lot as Dwaine hung on for dear life, his legs dragging across the asphalt. The friction tore Dwaine’s kneecap off his leg, but instead of going to the hospital he reattached his kneecap with duct tape and returned to the shooting gallery. His friends left him to fend for himself, and after two weeks Dwaine finally called his parents and begged them to rescue him.

When they finally took him to the hospital, doctors discovered his wounds were infected with gangrene.

   Dwaine spent the next several years in and out of his parents’ house in Middletown, couch-surfing between Culpeper and Fredericksburg, always making trips to Washington D.C., to keep himself supplied with heroin. He says he lost a total of five houses to his addiction, and he spent 11 days in a coma after trying to kill himself with an overdose.

   After he caught hepatitis from a friend while sharing a heroin cooker in Win-chester, Dwaine recalls lying in a hospital bed following chemotherapy treatments. His friends were sneaking syringes into the hospital so he could crush up his pain pills and shoot them. “Something just clicked. I knew at that point I didn’t want to be a drug addict. I had to do something.”

   Dwaine says he probably owes his life to his current girlfriend, who moved him away from Middletown and his old friends. He enrolled in the ARS clinic in August, and now he pays $500 a month for methadone treatments. He collects disability payments and works part-time as a carpenter.

   Keeping his monster chained is a daily struggle for Dwaine, as is living with the regrets for the damage caused by the monster unleashed.

   “How many friends did I get started?” Dwaine says. “One of them I feel really bad about. He’s strung out, he won’t work. He’s stealing stuff from his grandma and his mom and dad. I feel bad about that. I cleaned out my sons’ bank accounts when they were kids… that makes me feel like a real piece of shit.”

   Dwaine often takes his sons to the Smithsonian Museum in Washington, D.C., and the highway takes them right past the tunnel where Dwaine spent several years of his life. “It brings back a lot of memories,” he says.

 

Time will tell

Dwaine stopped his car in the parking lot of the ARS clinic, a nondescript brick building on Pantops. He makes a beeline past a small sign reading “Pantops Clinic” and enters a room with fluorescent lights, gray carpet and inspirational clippings tacked to a bulletin board.

   Non-patients who enter the waiting room must sign a confidentiality agreement, and a receptionist calls patients by a number, not their name. Dwaine says he’s usually in and out of the clinic in about 10 minutes, but there was a line on a recent Saturday, so the wait was longer. The tension in the room was palpable—fingers drummed, addicts paced and wondered aloud, “What’s taking so long?”

   New clinic patients can only be admitted when they’re in a state of opiate withdrawal, so that ARS clinical director Diane Oehl can tell they are truly addicted. “The first dose we give them is very low,” Oehl says. “They won’t feel great, but they’ll feel better.”

   Methadone has a half-life of between 24 and 36 hours, meaning it takes up to a day and a half for the body to process half a dose. This makes methadone a good treatment for addicts, because one dose of methadone will deliver opiates to the brain all day long, staving off cravings and withdrawal symptoms without producing a “high.”

   The long half-life, however, also makes methadone a dangerous drug. A person who buys methadone off the street may take multiple doses, trying to get high, even as the concentration of the drug builds in their bloodstream. “Hours later, you can fall asleep and never wake up,” says Mathre, the clinic’s executive director.

   In the first phase of treatment, Mathre says patients must come to the clinic every day to get their dose of methadone. Nurses gradually increase the dose until patients get enough to “achieve normalcy,” says Mathre.

   “Patients report feeling normal after a week,” says Mathre. “That’s the word they use: normal. Being able to get to a job, to function as a student or a parent. That’s our goal.”

   Methadone clinics are strictly regulated by the DEA. If patients satisfy a list of eight criteria, including regular counseling, good behavior and clean urine tests, patients are allowed to take home a 30-day supply of methadone in small metal lockboxes.

   Dwaine emerges from a dosing room with a new supply of methadone, 130mg doses of red liquid that would kill a normal person—hence the metal security boxes. It takes about 30 minutes for the methadone to take effect, but Dwaine already looks more relaxed. “Sometimes when I’m coming down here, I’m worried that my medicine won’t be here,” he says. “Just knowing that I have it, now I feel better.”

   The monster sleeps, for now at least.

 

The straight dope on methadone

A safe treatment, a dangerous high

 Contrary to myth, methadone was not developed on orders from Adolf Hitler, although it was created in a German laboratory during World War II. During an epidemic of heroin abuse in New York in the 1960s, doctors first discovered methadone’s usefulness in treating narcotic addiction.

   Following the discovery, the media heralded methadone as a medical breakthrough. But the enthusiasm was tempered when doctors found that it was difficult to then get the patients to stop using methadone.

   Methadone does not “cure” addiction. “Very few medicines cure anything,” says Mary Lynn Mathre, director of the ARS Clinic on Pantops. “They treat chronic conditions.”

   Mathre acknowledges that meth-adone patients basically trade an addiction to heroin or painkillers for an addiction to methadone. In practical terms, Mathre and many methadone patients believe it’s a deal worth making.

   When administered by trained addiction specialists, a methadone dose is so low (usually starting around 80mg and slowly increased based on the patient’s level of addiction) that patients do not feel the pleasant sensations or euphoria associated with a narcotic “high.” A clinical dose of methadone simply relieves the physiological cravings by delivering a low dose of opiates over a 24- to 36-hour period. Methadone patients generally dose in the morning, and go all day without cravings, whereas heroin addicts start to feel withdrawal after four or six hours.

   Methadone patients, then, can spend the rest of their day doing something besides tracking down another heroin fix. Methadone is also less physically damaging than heroin, and it is even safe for pregnant women. While on methadone, patients experience the full range of emotions and physical sensations; their moods are normal, as are their reaction times and intellectual functions. The most common side effects of methadone are constipation, water retention, drowsiness, skin rash, excessive sweating and reported change in sexual drive.

   Like any opiate, methadone can be abused, and clinics must submit to a slew of federal regulations aimed to dissuade patients from selling their methadone on the black market. As a street narcotic, methadone’s time-release properties make it a dangerous high. Because methadone works slowly and lasts a long time, abusers can easily overdose, falling asleep and dying before they start to feel high.—J.B.

 

Source: U.S. Department of Health and Human Services, Substance Abuse and Mental health Services Administration. www.samhsa.gov.

 

Methadone’s method
The Pantops Clinic has withstood numerous State violations

While working as medical director for the First Step addiction clinic on Pantops, Dorothy Tompkins saw people who could not kick heroin and OxyContin. “It was really a tragedy,” says Tompkins. “I saw young people becoming suicidal when they couldn’t get off opiates.”

   So Tompkins began investigating methadone, and in June 2002 she invested her own money to open the nonprofit Pantops Clinic. It was the first place in Charlottesville to distribute methadone, an endeavor that—as Tompkins would discover—is subject to strict scrutiny from State and federal regulators.

   In the almost two years that Tompkins ran the clinic, a State agency recorded 160 violations. Most of the violations involved the clinic’s failure to document its work according to State rules, but in early 2004 the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services investigated two more serious complaints against the clinic.

   According to State documents, a 2003 investigation found that the clinic’s pharmacy didn’t meet federal security regulations, “with the pharmacy safe remaining unlocked throughout [the investigator’s] visit.”

   In February 2004, there were two additional investigations. The first “found that multiple individuals have been provided with excessive numbers of take-home medications, sometimes without assessment.” The second investigation involved two incidents indirectly linked to the Pantops clinic. In one case, a person was found dead of methadone overdose, along with a bottle of methadone that had been dispensed for a client of the clinic. “Diversion of methadone from clinic clients is of concern given the lack of adequate assessment for take-home medications that were found to be occurring,” according to a March 2 letter from the department to Tompkins.

   The department allowed Tompkins to sell the clinic, which she did in April 2004, to a Pennsylvania company called Addiction Recovery Services. “The previous owners were a nonprofit group, and I think they underestimated the amount and the intensity of the regulatory scrutiny,” says Jeff Kegley, president of ARS. “They tried to operate it as a physician practice, and it just doesn’t work that way.”

   Clinics must be licensed and inspected by State and federal agencies, and by one of three private accreditation companies. As the only administrator for the clinic, Tompkins agrees she was overwhelmed by the “tremendous task” of managing the bureaucracy. In April, the Virginia Board of Medicine slapped Tompkins with a $4,000 fine for the numerous violations.

   Kegley now runs the clinic as a for-profit operation. Most of the income is from the $80 fee patients pay each week, for which in return they receive methadone, lab tests and the counseling that the law requires as a part of methadone treatment. There are currently about 125 clients at the Pantops clinic. “Like any other business, we expect to be able to make a living,” says Kegley. “But the economics are pretty small. You have to love the work.”—J.B.

Categories
The Editor's Desk

Mailbag

Press elect on School Board

I understand why City Council appointed an advisory commission to assist the School Board in its search for a new superintendent [“Trying to resume course?” The Week, May 24]. Council had to do something to reduce the chances that the mistakes of the past year won’t be repeated. The Board and the advisory commission will have to define their relationship carefully so as to avoid unnecessary conflict.

   I hope that once a new superintendent is selected, Council will begin to think about systemic reform as well. The current system of appointing School Board members is flawed. An elected board is likely to function more transparently, to be more responsive to the public and to enact policies that enjoy community support. I hope that the Democrats on City Council will support efforts by other Charlottesville Democrats to put a referendum on the November ballot that would authorize a gradual transition to an elected board from 2006 to 2008.

   There is no reason to doubt that Charlottesville’s progressive voters would, if granted the opportunity, elect a diverse group of qualified individuals to the School Board. Councilors should demonstrate the same faith in the voters that the voters demonstrated in Councilors when they put them in office. Democracy is the best system of government, and an elected School Board will be good for the city, the schools, parents, staff and students.

 

Jeffrey Rossman

Charlottesville

 

DJ remix

Hello. After reading your article about “The Boombox” [“Hip hop hooray,” The Week, May 31], I would like to say that as a fan of “Thugged Out Thursdays” I was very disappointed that you did not bother to give props to the two talented DJs for that slot. The Music Resource Center is having its 10th anniversary; Bumpy Brown (Curtis Brown) and John Doe (Chris Newman) are alumni of this local program. Both Curtis and Chris are local celebrities in underground hip hop. Having participated in numerous talent showcases, these guys have earned their “bragging” rights. I understand that with the popularity of Eminem, putting DJ Illustrious on the front page can increase readership. Why did you ignore the contributions of the other DJs from “The Boombox”?

 

Gloria Newman

Charlottesville

 

Liberal application

I submit that your blurb heaping praise on Sen. John Warner and the other “moderates” who framed the sellout of several of the President’s judicial nominees was somewhat premature [“Allen polishes ultra-con credentials,” 7 Days, The Week, May 31]. It did not take the Democrats long to revert to their obstructionist tactics in denying John Bolton a vote on his nomination. Sen. George Allen was entirely correct and Sen. Warner totally duped.

   By the way, just what made the two “dumped” nominees arch-conservatives? I suppose in your ultra-liberal mind, any judge who believes in strict construction of our Constitution. I also await with baited breath your calling some Democrats “ultra-liberal” but I fear that I will never see that day.

 

Frederick W. Kahler

Earlysville

 

CORRECTION

In last week’s Ask Ace column, we incorrectly spelled the name of the Charlottesville-Albemarle Historical Society’s Margaret O’Bryant, for which we apologize.

Categories
News

Duval or nothing

Hey Ace: You seem like a guy who knows what’s up with local TV. What ever happened to NBC Channel 29 morning anchor Bill Duval? Is he coming back or did he split town?—Earl E. Riser

Earl, sometimes it’s hard to keep track of all the anchor-folk at NBC29. They seem to come and go like contestants on “Amer-ican Idol”! Indeed, Ace was shocked when he turned on NBC29’s “News at Sunrise” the morning after Tax Day to find that the affable, bearded, double-breasted-suit-wearing Duval was gone. Why don’t they warn us about these things? Ace was so discombobulated he forgot to file his extension. There was something soothing about the big man, something Ace counted on each morning, like his cup of black coffee and everything bagel. However, if Ace had been watching the morning news cast on Tax Day this year (instead of trying to do his taxes himself with Turbo Tax…. Grrrrr!) he would have seen a tribute to
the veteran news anchor in the last half of the broadcast.

   Seems Duval had been planning the move for some time. In fact, NBC29 News Director Neal Bennett told Ace that Duval had been nice enough to stay on much longer than planned so that the station could find a replacement. Bennett told Ace that Duval had moved to Northern Virginia to care for his aging parents and help run the family business. Seems Beth Duffy’s straight man has left broadcasting for good, Earl.

   The new guy sitting beside Duffy on the “News at Sunrise” is Shane Edinger (another burly guy, mais sans beard), a veteran broadcaster from the great Pacific Northwest where he last worked for KNDU-TV in Kennewick, Washington. This is Edinger’s first move east of the Rocky Mountains. Ace just hopes Virginia’s August heat doesn’t send him running back!

Categories
Uncategorized

News in review

Tuesday, May 31
In Charlottesville, even the Republicans are progressive

While politicians in the rest of Virginia make a beeline for the right-wing, here in Charlottesville even the Republican candidate wants to be “progressive.” Today city Republican Tom McCrystal, 44, announced his candidacy for the 57th House of Delegates seat to be vacated by Mitch Van Yahres. Democrats on June 14 will decide which of three candidates McCrystal will face on November 8. A former GOP precinct chair in the Tonsler precinct, McCrystal says he’s running as a…progressive? “I think I’m squarely in the center,” he says. “Progressives are for the little guy. I think people who turn ‘progressive’ into a code word for liberal are taking something that isn’t theirs.”

 

Man sentenced to four months for hit-and-run

Robert Steven Newell was sentenced in Albemarle Circuit Court to four months in jail for a November collision on Earlysville Road, which killed 19-year-old Martha Jones. Jones had already crashed her car, but had made her way out a window and onto the road when Newell struck her. He left the scene of the accident and turned himself in to the police one week later. The Daily Progress reported that Judge J. Howe Brown called the case a great tragedy for both families involved.

 

 

Wednesday, June 1
38 seniors have nothing to
show for their city education

Responding to Memorial Day absenteeism, which was eight times above normal, the Charlottesville School Board tonight voted 5-1 to retain Memorial Day as a holiday next year, protecting it from becoming a snow make-up day again. The meeting, marked by a newfound cooperative spirit, also brought disturbing news from the high school: Of the 218 seniors in the Class of 2005, some 38, or 17 percent, will not graduate. Factors contributing to this alarming statistic include absences, insufficient standard credits, failure to meet Standards of Learning and dropping out.

 

Thursday, June 2
Protestors decry pipeline

More than 70 people lined up in their rain jackets and huddled under umbrellas at the Scottsville Farmer’s Market this afternoon to sign a petition against the proposed James River pipeline. The protesters say the pipeline—one of four proposals the Rivanna Water and Sewer Authority is considering to increase Charlottesville’s water supply—would encourage unwanted development along Route 20, lead to increased water pollution and negatively affect those whose livelihoods depend on the river. Its estimated building cost is $49.9 million. The protesters heard from speakers and later, on the count of 3, the crowd yelled, “Stop the pipeline!” as a banner went up on the bridge across
the James.

 

 

Friday, June 3
See it now, while it’s
still old

Yesterday the National Trust for Historic Preservation put a 175-mile portion of Route 15 and Route 20—running from Gettysburg, Pennsylvania to Charlottesville —on this year’s list of the nation’s most endangered historic places. The journey includes six presidential homes, among them Monticello, and important Civil
War battlefields such as Antietam and Manassas. The threat is growth. That area has lost 150,000 acres of farmland since the early 1980s, as the population along the route has doubled. Speaking to The Washington Post, National Trust President Richard Moe said, “I think there is more significant history in this corridor than any comparable space in America.”

 

Saturday, June 4
Beachward, ho!

The sun came out in earnest midday and, lo and behold, Charlottesville had a beach day on its hands. Plenty of locals headed to one of Albemarle’s “beaches,” really, lakes with sand, at Chris Greene Lake, Mint Springs and Walnut Creek. “I want to get a tan, I reckon, relax and enjoy myself,” said Greene County resident Troy Morris about why he had joined the beach-goers for this official opening weekend. Albemarle’s beaches are open through Labor Day.

 

Sunday, June 5
UVA’s Zimmerman the
next Ripken?

Though a loss to the Ohio State Buckeyes yesterday squashed UVA baseball’s NCAA run, the season could finish on a high note for Ryan Zimmerman, who’s being touted today as a hot prospect when Major League Baseball’s supplemental draft begins Tuesday. The Washington Nationals are taking a close look at him, according to the Richmond Times-Dispatch. And an unnamed scout paid Zimmerman a high compliment, saying he’s “one of the best defensive third basemen I’ve scouted in all my years.” The scout added, “But don’t be surprised if he moves to shortstop. With his athleticism, he could be a Cal Ripken-type.”

 

Monday, June 6
StoryCorps catches local tales

It’s been one week since the StoryCorps trailer parked on the Downtown Mall. One of the more fascinating stories so far is how Brian Korbon Field in McIntire Park got its name. Korbon was 9 years old when he died during a baseball game there 12 years ago. According to his parents, Brian foresaw his death in the months leading up to the game, and he left goodbye notes on the day he died. “He wrote that he was going away for a trip, and that everything was O.K.,” said his father, Gregg, who recorded his son’s story in the trailer with his wife, Kathryn, on June 2. StoryCorps, a project of National Public Radio, hopes to collect 100 stories from Charlottesville before leaving on June 13 to continue the tour of the East Coast. Some 250,000 stories will eventually be housed in the Library of Congress.

Written by John Borgmeyer from staff reports and news sources.

 

 Dr. Moreno’s House call
Stem-cell reversal in Congress tied to UVA ethicist

Usually you’d figure the last person Congress wants to hear from is an ethicist. Yet it seems some of our Representatives are taking the advice of UVA bioethics professor Jonathan Moreno quite seriously.

   Moreno co-chaired a committee from the National Academies (sort of a public think tank that assembles experts to inform the government and the public on matters of engineering, science and medicine) that in April released a report setting guidelines for human embryonic stem-cell research. Even though the rules are voluntary, the 131-page report represents the first attempt to move the United States another step forward in establishing protocols for stem-cell research.

   Embryonic stem cells are extracted from unused frozen embryos in fertility clinics. The embryonic stem cells can give rise to all of the body’s 200 or so cell types, including nerve, liver, skin, bone, heart muscle and pancreas. This makes the cells uniquely useful in studying spinal cord injuries, heart disease, Parkinson’s and diabetes.

   Christian conservatives—championed by President Bush and his Republican buddy Speaker of the House Tom DeLay—have raised moral objections to a method of research that, they say, demands the sacrifice of human life. “The best that can be said about this research is that it is scientific exploration into the potential benefits of killing human beings,” DeLay told The Washington Post on Wednesday, May 25.

   The National Academies’ report is all the more significant because it preceded a surprising vote in the House of Representatives: 50 Republicans broke with Bush and DeLay and passed a bill repealing some federal restrictions on stem-cell research on May 24. In August 2001, Bush put strict limits on federal funding for stem-cell research, a move critics labeled as a triumph of religious dogma over sound, ethical science. The May 24 vote came down 238 to 194 in favor of reversing those restrictions.

   Moreno calls the vote “re-markable,” but notes that the Senate has not yet voted on the bill. Bush has vowed to veto it, which could be a first in his four and a half years in office.

   Ironically, Moreno says, federal opposition to embryonic stem-cell research actually opens the door for ethical abuses. Without federal funding, there’s no federal oversight, and so companies that choose to proceed with embryonic stem-cell research do so without a clear ethical standard.

   “It basically leaves the industry to its own devices,” says Moreno. “If you withdraw funding, you remove the American people from knowing what’s going on.”

   As an example, Moreno cites the issue of in vitro fertilization. The Reagan Admin-istration ignored it, and the industry developed without public oversight. Now it’s common for the eggs of an Ivy League graduate to fetch $50,000. “It raises some policy questions about medical services that put people at risk when money is changing hands,” says Moreno. “Poten-tially people could be exploited.”

   Moreno supports getting the National Institutes of Health (the leading federal agency for medical research) more involved in embryonic stem-cell research. With federal guidance, the United States could move forward scientifically to meet countries like South Korea, Israel, Great Britain and Canada, where research is proceeding apace. In the meantime, he hopes that universities, state governments and private research firms will adopt the guidelines as they push forward, with or without federal funding.

   Even if the rules are voluntary, Moreno says it’s unlikely that researchers would flout them. The rules create a community standard that image-conscious institutions will be wary of violating. “Venture capitalists don’t want to go with companies that might get sued or shut down,” Moreno says.

   The National Academies’ guidelines say, for example, that embryonic cells should be freely donated by both parents. The rules also set limits on the manufacture of chimeras—creatures composed of human and animal cells—limiting, for example, injection of human embryonic cells into primates as well as any chimera that could give rise to a human-like brain. Any experiment that results in a human embryo developing inside an animal’s uterus should also be banned, says the report.

   The report suggests that after being donated freely by the mother and father, the embryos should be cultured for no longer than 14 days, the point at which the human nervous system begins to form. The report’s key recommendation is that all institutions researching embryonic stem cells set up independent oversight bodies to evaluate proposed experiments.

   Although the guidelines are sensitive to ethical questions, they do not attempt to resolve the religious questions that are more akin to politics than science. After reading DeLay’s quote in the Post, Moreno said, “I’m not sure he knows what he’s talking about, technically.”—John Borgmeyer

 Read the National Academies’ guidelines on embryonic stem-cell research at http:// books.nap.edu/catalog/11278.html.

 

NoVa, here we come!
Is the Loudounization of Albemarle an imminent threat?

Huddled together underneath a tent in the center of Scottsville on a recent rainy Thursday, a group of concerned citizens donned their “Stop the Pipeline” t-shirts and raised their voices in opposition to the proposed James River pipeline. The pipeline, they say, is not good planning. Rather, it’s a precursor to unplanned growth.

   Taking the microphone to welcome the crowd and rile them up on June 2, Jeff Werner of the Piedmont Environmental Council bellowed, “Don’t let us become the next Loudoun County!”

   The crowd applauded and bobbed their heads in agreement.

   Lately, as the commercial monster of Route 29N creeps ever northward, “Don’t let us become the next Loudoun County” has become a familiar chant among those concerned about Albemarle’s long-term future.

   Loudoun County (everything from Dulles Airport to the horse farms of Middleburg) is the fastest growing county in the United States. Before Dulles opened in 1962, Loudoun County had a population of about 20,000 and was primarily rural. By 2001, its population had swelled to 200,000, doubling in the past decade alone.

   Overwhelmed, Loudoun voters elected a slow-growth board of supervisors in 1999. This board passed strict building limits allowing for only 10,000 new homes. Developers took the limits straight to court and the rules were thrown out this March. With pre-limit zoning back in place, the county is potentially zoned for at least 37,000 new houses, though a compromise is in the works.

   Moreover, frustrated that the slow-growth board had not eased Loudoun’s growing pains, citizens put in a Repub-lican-led, pro-growth board in 2004. The result was political stalemate.

   Therefore, when people refer to the “Loudounization” of Albemarle, they’re referring to one of two possible concerns: exponential growth or a political standoff.

   Sally Thomas, a member of the Albemarle County Board of Supervisors, dispels concern of a similar political situation here. Because Albemarle elects only half its board every two years, instead of the entire board every four years as Loudoun does, Albemarle avoids the wild political swings to which Loudoun has been prone, she says.

   The sprawl up there is the eyesore, however. Luckily, due to the simple facts that Dulles is not part of the Albemarle equation and there’s no D.C. octopus nearby to dispatch its tentacles into our farmlands, Albemarle’s growth potential is not nearly on the scale of Loudoun.

   The two counties may operate on different scales, but Albemarle still expands. The steady 2 percent growth rate for the past 10 years means the county’s population could double every 32 years if the pattern holds.

   Thus, says Jack Marshall, president of Advocates for a Sustainable Albemarle Population (ASAP), “Population growth is not a false fear here in Albemarle County. We are no longer in a position of having an unbridled frontier.”

   Marshall suggests planning ahead for optimum population growth by putting caps on the population. These caps, he says, are already implied in zoning laws. They’re not intended to keep people out of the county, as some ASAP critics allege, but to pace the county’s growth.

   The issue of population control is a sticky one. Neil Williamson, executive director of the Free Enterprise Forum, which is pro-growth and often speaks for the Chamber of Commerce, considers such options elitist.

   “I am opposed to digging a moat around the county and keeping new residents out,” he says, adding that he thinks the county is already working well to accommodate disparate growth interests.

   When development talk turns philosophical, things can get interesting. After all, who can see into the future? Who would have pre-dicted 20 years ago, for instance, that a three-bedroom house in Bel-mont would sell for more than $200,000?

   Thomas says that, pragmatically speaking, people can only plan 20 years at a time (coincidentally, the time frame that Albe-marle attaches to its master planning process). But be it planning for 20 years hence or 100, Jim Burton, a member of the Loudoun County Board of Supervisors, warns Albemarle that even if certain circumstances differ, we should nonetheless take heed if we don’t want to go the way of Loudoun.

   “Set in place rules and regulations now that will keep things under control,” he says. “Hopefully, you’re already in the process of doing that.”—Nell Boeschenstein

 

Bidding Big Mouth Pizza goodbye
At the public auction, one man’s misfortune was another man’s jackpot

The parmesan cheese shakers are still half-full. They’re clumped on a shelf with the roasted red pepper, salt and pepper shakers, an ashtray and a small shell tchotchke with the words “Big Mouth Pizza” written across the figurine’s “mouth.” Collectively, this is Lot No. 34.

There are crumbs in the crevices of the Sunfire gas stove (Lot No. 48) and the floor could use a good mopping. The lucky bidder on Lot No. 57 will take home the contents of both bathrooms, including the unemptied trash cans, and three half-used rolls of toilet paper.

   An itemized list compiled by the City Sheriff’s Department of everything up for auction is available at the front door for the deal hunters as they file in.

   This is a public auction: The end of the road for small bus-iness owners who default on their rent payments.

   Big Mouth Pizza on W. Main Street, owned by Frank Cramblitt, officially closed four months ago when its landlords, Main Street Associates (owned by Allan Cadgene and Gabe Silverman), filed a civil suit in Charlottesville General District Court. The suit claimed the pizza joint owed $25,762.10 in unpaid rent from October 2003 to February 2005. The resulting judgment found in favor of Cadgene and Silverman, ordering a public auction (administered through the City Sheriff’s office) of all Big Mouth inventory to help pay Cramblitt’s debt.

   The auction isn’t set to begin until noon, but Jack Davis has been sitting outside since 11am. He’s a sales rep for a restaurant supply company based in Waynesboro and sold Cramblitt much of Big Mouth’s kitchen equipment when the restaurant opened. Today, however, he’s looking to buy that merchandise back at a sweet deal.

   Asked about whether he has sympathy for his former client, Davis shrugs.

   “That’s the way of life,” he says. “Some people make it, some people don’t.”

   Sharon Johnson agrees. She comes to auctions like this all the time in search of a deal, especially on anything electronic. TVs, computers, CD players. She’ll buy any number of electronics so long as they’re cheap. If she can’t use another
TV, she’ll pass it on to her church “or the next person.”

   “I’m just a scavenger,” she says smiling. “I like to see what they got.”

   The auction starts promptly at noon. Deputy M.T. Greene reads the terms and conditions of the sale, before opening the bidding at $1,000 for Lot No. 1: The entire contents of the whole business.

   “$1,000. Do I hear $1,000?”

   Cadgene nods his head, but a man quickly outbids him across the room. Cadgene raises to $3,000. The man across the room counters again. Within two minutes the price has risen to $8,000, Cadgene being the last bidder.

   “$8,500? Do I hear $8,500?” asks Deputy Greene.

   There’s a moment of shocked silence before Deputy Greene seals the deal with a booming, “Sold for $8,000!”

   The 20 or so hopefuls look like they don’t know what hit them as Cadgene heads over to another deputy manning the door. He writes the check on the spot.

   Johnson breaks the semi-silence with a laugh. “That was a quick sale!” she says, shaking her head and walking out.

   Within minutes almost everyone has dispersed. Cadgene paces the driveway talking on his cellphone. When he hangs up, he looks pleased.

   The plan is to put another restaurant in the space, he explains. Buying the whole shebang gives him and Silverman a ready-made space to offer “about three” interested parties.

   As for the legal tangle, says Cadgene, forget the rent aspect of the equation and Big Mouth still wasn’t turning a profit. But this marks the end of the road for Main Street Associates LLC v. Big Mouth LLC.

   “It’s not worth pursuing,” he says. “[Cramblitt] just doesn’t have the money.”—Nell Boeschenstein

 

Quick, close the door!
Goode takes a hard line on Virginia’s 100,000 illegal immigrants—again

Immigration policy has returned to the front of the national political discourse. Having become entwined with the debate over national security in the wake of 9/11, immigration measures have swung pivotal legislative fights. And on the general issue of what to do about the country’s large and growing undocumented population—estimated at around 10 million—President Bush’s decision to steer toward somewhere in the middle ground with his “guest worker” proposal has revealed deep fissures in the Republican Party.

   Virgil Goode, Charlottesville’s Congress-ional representative, has made restricting immigration a pillar of his political career. “Illegal immigrants take jobs from our citizens. I’m working to stop illegal immigration and secure America’s borders,” he proclaims on his campaign website. Goode regularly gets perfect marks for his voting record from anti-im-migration advocacy groups. He has co-sponsored bills cutting back legal immigration and a resolution to amend the Constitution to restrict citizenship from children born in the United States whose parents are not legal residents.

   When Bush announced in January 2004 his proposal to grant renewable, three-year “guest worker” status to illegal immigrants, Goode was a visible member of the opposition. “It’s a glide path to a green card and citizenship,” Goode tells C-VILLE. “It encourages persons who are here illegally to get a reward… That’s the wrong message to be sending persons. If you’re here illegally, the only way you can come into the United States is go back and get in line with everyone else. Or if you’re in a guest worker program, you got to go back to your home country and apply in that country for a guest worker program.”

   Goode describes his position as “no amnesty for illegals, period.”

   “There’s a general rec-ognition by people on both sides of the immigration debate that there’s an urgent need for comprehensive immigration re-form,” says Tim Freilich, managing attorney with the Virginia Justice Center for Farm and Immigrant Workers. “You have people who tend to favor enforcement over providing a more balanced system that ensures there is
a path to legalization
for immigrants, rather than just a boundless supply of labor for employers.”

   Early last month Senators John McCain, an Arizona Republican, and Edward Kennedy, a Massachusetts Democrat, introduced legislation in line with Bush’s temporary work-permit idea and which created a path to permanent residency and citizenship.

   In Virginia, the undocumented population has been estimated in excess of 100,000. The Commonwealth ranked 25th between 1990 and 2000 out of the 50 states and the District of Columbia in terms of the growth of the percentage of its population made up by foreign-born people.

   Some Republicans have espoused the cause of “millions of hard-working men and women condemned to fear and insecurity in a massive, undocumented economy,” as Bush has put it, a posi-tion that melds with commercial interests dependent on immigrant labor and the party’s desire to court rapidly growing numbers of Hispanic voters. The crosscurrents between them and immigration hardliners have produced a welter of dueling legislative initiatives.

   Republicans stumbled badly late last year after sweeping to victory with a new lease on the presidency and improved congressional majorities when dramatic intelligence reforms—modeled on recommendations from the September 11 commission and favored by Bush—were held up by dissident Republican leaders. In part, objections arose because measures tightening controls against illegal immigrants had been dropped from the package. This year, federal provisions requiring confirmation of legal residency for state driver’s licenses were successfully attached to the $82 billion Iraq spending bill that passed in May.

   Proponents of the McCain bill expect a tough fight. Of the varying policy prescriptions Goode says, “It would be difficult for me to say that any has a consensus majority.” But Freilich identifies a baseline curb against the toughest anti-immigration proposals that points toward accommodation. “We have an im-migration policy right now that doesn’t reflect the economic realities in Virginia or the rest of the United States,” he says. “We are largely dependent on un-documented workers who perform the toughest and lowest paid jobs in the economy.”—Harry Terris