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Judge considers Bellamy’s attorney fees

One thing Judge Richard Moore and Vice-Mayor Wes Bellamy’s attorney agreed upon: “If it was possible under the law and there was one person who should pay on this meritless claim, it would be Jason Kessler,” said Pam Starsia, who represented Bellamy when Kessler petitioned to remove him from office for offensive tweets Bellamy made before taking office.

Kessler’s petition was thrown out March 8 after Lynchburg Commonwealth’s Attorney Mike Doucette determined it had an insufficient number of valid signatures.

Starsia is seeking $7,588 in legal fees for nearly 30 hours of work at $250 an hour for representing Bellamy, and she had a court hearing today about her bill.

She cited state code that allows public officials to seek attorney’s fees in cases that are “dismissed in favor of the respondent,” and she said the statute was important public policy because it allows elected officials to fulfill their duties without intimidation and the distraction of unsubstantiated removal proceedings.

Doucette didn’t disagree with Starsia on the public policy aspect, but he did on whether Bellamy was the prevailing party in a nonsuit. “We would submit that since there was no judgment in favor of the respondent—” and because Kessler could refile his petition—there is no provision to provide attorney fees in nonsuits, he said.

Starsia argued that the nonsuit was indeed in Bellamy’s favor, and to not award his legal fees “undermines the purpose of the statute.”

Judge Moore said at least three times in Charlottesville Circuit Court that if he could assess Kessler for attorney fees, he would. “Mr. Kessler gets a free ride and the city is held responsible,” Moore said. That protection for petition filers “encourages reckless behavior if he doesn’t have to pay,” he added.

Moore said he would read other court rulings before making a ruling.

 

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Still resisting, mayor makes climate calls

On the heels of President Donald Trump’s withdrawal from the Paris Climate Agreement Accord, Mayor Mike Signer announced today that he has joined the Mayors National Climate Action Agenda to reduce greenhouse gas emissions and identify their sources.

This is an effort, he says, to continue resisting.

“Resistance has come to mean many things to many different people in this community,” said Signer at the press conference he called. In the wake of Trump’s first week in office, the mayor held a rally to declare Charlottesville a “Capital of the Resistance.” But in the realm of environmental sustainability, Signer says it means the city “can and will take matters into our own hands.”

Rising sea levels are a key indicator of climate change. Though Charlottesville is landlocked, (and Signer noted that the Fry’s Spring Beach Club is likely the closest thing the city has to an ocean), he says City Council will soon adopt a resolution to continue combating the effects of global warming.

“Today, we reaffirm our commitment to taking actions to reduce climate pollution and we will continue to stand with cities and other leaders throughout the nation and the world to advance action in accordance with the Paris Agreement,” he says. “We know that climate change is a real and significant threat that requires local and global action, and we are prepared to demonstrate that action in Charlottesville.”

At the press conference, Vice-Mayor Wes Bellamy said climate change is “not only affecting the low of the low, but the high of high.” He chose not to refer to the president by name, and said “Number 45” is trying his darndest to limit “equity and access,” which Bellamy said he will continue “to fight for…on this issue and the rest of our issues moving forward.”

Kristel Riddervold, the city’s environmental sustainability manager since 2002, noted that Charlottesville has an official climate protection program. She rattled off a list of achievements, including publishing the first community Greenhouse Gas Emissions Inventory Report in 2008, installing eight solar panel systems on municipal buildings, and establishing a goal of 30 percent reduction of those greenhouse gases by 2050 in the comprehensive plan.

Councilor Kathy Galvin honed in on the three main emitters of greenhouse gases in the city, which are cars, coal and buildings, and noted that Council will be increasing the tree canopy along West Main Street by 400 percent to reverse some of the damage. “The details are where you find the good lord or the devil,” she said.

Updated June 7 at 8:33am.

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Emancipation and Justice: Lee and Jackson parks get new names

 

Following the disruptions to City Council meetings that have occurred with regularity since the call to remove the statue of General Robert E. Lee was first made more than a year ago, councilors voted 5-0 to ditch the monikers honoring Confederate generals Lee and Stonewall Jackson and dub them, respectively, Emancipation and Justice parks.

The public comment period before the vote reflected the divisiveness between far left and right that’s played out in the city over the past few weeks since the visit of white nationalist Richard Spencer and his tiki-torch-carrying brigade.

Former NAACP chair Rick Turner called the statues symbols of “white supremacy and terrorism” that have “distorted our historical memory.”

City Council candidate Kenneth Jackson told councilors, “You guys are lucky enough to be the only City Council that this city has actually went to hell on,” and he accused the council of “generating an atmosphere of hate and intolerance.”

And when he said black residents “don’t care about that statue,” activist Veronica Fitzhugh, who was arrested for a May 20 confrontation with Spencer buddy Jason Kessler, stood behind Jackson with her middle fingers extended.

When John Heyden came up to object to what he calls the “kill your local Nazi” posters that have been plastered around town and to members of Showing up for Racial Justice getting within two inches of his face at Miller’s last week, SURJers in attendance started humming, causing Mayor Mike Signer to suspend the meeting.

“This is ridiculous,” scolded Signer. “You’re like adolescents.” He asked Fitzhugh, who had wandered to the podium, to return to her seat.

Kessler decried the lack of First Amendment rights granted to white people, right-wingers and Confederate supporters, such as those he said peacefully assembled in Lee Park. “This is hyperbolic, it’s out of control,” he said.

SURJ members began to sing, “Fuck white supremacy,” to the tune of “Shoo Fly, Don’t Bother Me.” Signer again halted the meeting and police officers hauled out a handful of singers.

Council candidate Nikuyah Walker also attended the meeting, and said the statues have brought up a lot of trauma. “If we don’t fix those, we’ll never have peace in the community”, she said.

Don Gathers, who had been chair of the Blue Ribbon Commission on Race, Memorials and Public Spaces, noted the divisiveness and hostilities coming from “a chunk of rock.”

He said, “As a city, we’re better than this,” and he urged the different sides to listen to each other and “to accept different viewpoints.”

It was a couple of hours into the meeting when councilors turned to renaming the parks. Councilor Kristin Szakos pointed to a name not on the list from the citizen survey and from the recommendations of parks and rec and the Historic Resources Committee for “the park formerly known as Lee Park”: Emancipation Park.

And she agreed with Councilor Kathy Galvin’s proposal to rename Jackson Park “Justice Square,” although she took issue with “square” because the park is not square, there’s already a Court Square there and the sibilant sound of Justice Square.

Signer favored “a bolder, more conceptual” name for the parks and supported Emancipation because “it was really strong.”

Councilor Bob Fenwick pointed out that the court injunction prohibiting the removal of the statue likely would be upheld, and he questioned calling it Emancipation Park with the Lee statue still there.

It was Vice-Mayor Wes Bellamy who praised the aspirational nature of Emancipation and Justice parks. He favored a bold approach, as well, and urged the councilors to “use our collective energy to move forward,” with Emancipation and Justice as two steps that “are going to push us in the right direction.”

 

 

 

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Fitzhugh and Fogel make first court appearances

Activist Veronica Fitzhugh and commonwealth’s attorney candidate Jeff Fogel both appeared in court this morning for their respective assault charges, accompanied by dozens of supporters.

The brief 10am hearing was over before some people could get through security and into the courtroom.

Fogel represents Fitzhugh, who was charged May 31 with assault and disorderly conduct stemming from a May 20 Downtown Mall encounter with right-winger Jason Kessler, who insists he’s not a white supremacist or white nationalist in a June 2 email to local media that threatens legal action.

Fogel was charged with assault after a confrontation with an associate of Kessler’s outside of Miller’s June 1.

Both Fitzhugh and Fogel were arrested at night with a phalanx of police officers, and Fogel’s attorney, Steve Rosenfield, protested the manner of arrest, as did Fogel when he represented Fitzhugh. Judge Bob Downer quickly shut down those arguments, saying he would not hear political statements.

The pair will be back in court June 19, when a special prosecutor could be named, as well as a new judge, according to Fogel.

He says he’s filed a complaint against the magistrate who had him arrested at 12:30am because the magistrate didn’t like the way Fogel spoke to a police sergeant. He also questions why Fitzhugh was arrested around 9pm more than a week after Kessler claimed she assaulted him, then police say he retracted that allegation on video footage from May 20.

“This is an outrage,” says Fogel. “If it can happen to me, imagine what can happen to someone who’s black, gay or trans.”

More Kessler-related court appearances are scheduled this week. Sarah Tansey, who is charged with destruction of property for allegedly snatching Kessler’s phone, and Joe Draego, who is charged with assault for allegedly retrieving Kessler’s phone from Tansey, will be in court June 8.

 

 

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Miller’s time: Candidate arrested in mall shout-down

Commonwealth’s attorney candidate Jeff Fogel was arrested in the wee hours today when five police cars came to his house following an alleged assault earlier in the evening outside Miller’s on the Downtown Mall.

That was where the latest confrontation between whites-righter Jason Kessler and Showing Up for Racial Justice took place after Kessler dined at the popular venue’s outdoor patio and was spotted by SURJers, who put out an APB for its members.

“White supremacists should not be allowed to move quietly in public spaces,” SURJ member Pam Starsia recently told C-VILLE. And the group has admonished Miller’s for serving white nationalists after Richard Spencer’s tiki-torch procession in Lee Park May 13.

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SURJ members serenade diners at Miller’s with chants like “Nazi go home.” Photo Eze Amos

Fogel says he had been to a candidate event last night and had just gotten home when a friend called and asked him to come observe things at Miller’s, where he dined with City Council candidate Nancy Carpenter. “I had a delicious hamburger and a beer,” he says.

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Jason Kessler, center, airs his grievances to police officers about SURJ members such as Joe Starsia, right. Photo Eze Amos

Kessler was surrounded by SURJ members shouting, “Nazi go home,” and “No fascists, no KKK, no Nazis in the USA,” as he filmed the event. Kessler spotted Fogel dining in front of Miller’s, and chastised him for calling Kessler a “crybaby” in April.

On video, a man with Kessler called Fogel a “communist piece of shit.”

Fogel replied, “What did you say?” and is seen reaching in with his hand toward the man on the video.

“Oh my God, this guy just assaulted my friend,” an elated Kessler says, and he urged his friend to press charges.

Fogel declined to comment on the alleged assault, but he did say he went home and had gone to bed when five police cars and officers showed up at his house at 12:30am. He says he was arrested, rather than given a summons for the misdemeanor charge, because the magistrate told him, “I didn’t like the way you talked to the sergeant.”

Fogel’s client, Veronica Fitzhugh, was arrested in a similar manner the night before with five officers coming to her home for misdemeanor charges of disorderly conduct and assault and battery, stemming from a May 20 encounter with Kessler on the mall, according to Fogel. His arrest “was just like what happened to Veronica,” says Fogel.

Charlottesville police spokesman Steve Upman did not immediately respond to inquiries from C-VILLE about the show of force in making the night-time arrests, and whether any other arrests would be coming from the scene at Miller’s.

The complaint was filed by Caleb Norris, says Fogel.

It’s unclear how the arrest will impact the Democratic primary for commonwealth’s attorney, where Fogel faces Assistant Commonwealth’s Attorney Joe Platania. Platania declined to comment on the arrest of his opponent. In an interview yesterday, Fogel noted that he’d never been arrested.

The first-hand experience of being hauled to the jailhouse was eye-opening for Fogel, who has sued city police for stop-and-frisk records and has made criminal justice reform his platform.

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Attorney Jeff Fogel experiences the other side of the legal system with his early morning arrest. Charlottesville Police

“I never realized how uncomfortable it is to sit in the back of a police car with handcuffs,” he says. “You have to sit forward and there’s no leg room in the back of a cruiser.”

He says, “I’m sure there are people treated much worse than me. I’m a 72-year-old who’s running for commonwealth’s attorney with no record.”

Miller’s did not respond to a request for comment at press time, but the Newplex’s Taylor Cairns reports Kessler was banned for life from Miller’s, and Fogel says Carpenter also was told not to come back.

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Miller’s had more going than John D’Earth’s regular Thursday gig last night. Photo Eze Amos

 

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Living

Caleb Warr leaves head chef post at Tavola; Dylan Allwood takes his place

After showcasing his mastery of Italian cooking at Tavola, Caleb Warr is leaving his post as head chef. Dylan Allwood, current chef de cuisine at C&O Restaurant, will take the spot.

Warr, a Louisiana native, arrived in Charlottesville seven years ago with a desire to cook. He didn’t attend culinary school, but with dedication and hard work, he won spots in some of Charlottesville’s best kitchens—Zinc, The Rock Barn and Mas among them—and is in the running for the coveted title of best chef in our 2017 Best Of C-VILLE poll.

Warr’s last day at Tavola (the restaurant is co-owned by C-VILLE’s arts editor Tami Keaveny) will be June 10, after which he’ll relocate to Cape Cod with his family and run the kitchen at an athletic center while getting to know New England food and culture before deciding what’s next. He says he’s proud of what he’s accomplished at Tavola, most of all passing knowledge along to other hard-working, aspiring cooks.

“I’ll miss my staff the most,” says Warr. “General manager Priscilla Martin and owner Michael Keaveny and I have developed something very special recently. Walking away from this was not easy, but I leave it in very great hands between them and my kitchen staff in conjunction with Dylan. I will also miss other chefs and cooks in this town—there are to many to name, but a few are very special to me.”

Allwood feels similarly about his departure from C&O. The restaurant “has an extremely talented team…some of the best in the business,” Allwood says, both in the front of the house and the kitchen and bar. “It’s very much like a family, and it will be difficult to leave—even for such a great opportunity.”

Allwood got his first kitchen job when he was 15, washing dishes at a local restaurant in his hometown of Locust Grove. He eventually worked his way up to line cook, then attended the Culinary Institute of America and worked at the Clifton Inn and at Lemaire in the Jefferson Hotel in Richmond before cooking at the now-shuttered Brookville Restaurant. After serving as sous chef to Brookville’s Harrison Keevil, Allwood was sous chef and later executive chef at Rocksalt Charlottesville before landing at C&O.

“I’ve always had a passion for Italian food but have never had the opportunity to explore that in any of the kitchens I’ve cooked in previously,” says Allwood. “This is my chance to explore that passion with some of the best in the business.” Plus, “Tavola has some of the best food in Charlottesville. I’m looking forward to being part of that tradition,” he says.

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Bree Luck’s storied Live Arts’ journey

Since 2003, Bree Luck has risen through the ranks at Live Arts—first as a volunteer, performing and directing, and then serving as education director. Most recently, Luck was the theater’s interim managing artistic director. This month, the Henry, Virginia, native—also a former Georgian, New Yorker and Californian—takes the helm as the theater’s producing artistic director, and will lead Live Arts’ artistic, operational, financial and administrative efforts.

Among a teeming list of directives, one of Luck’s priorities is increasing diversity within the company.

“One thing we need to do at Live Arts is make sure we’re not just telling stories about a couple of white people sitting around the dinner table,” she says. “And when we do choose to tell those stories, we need to be aware of the limitations that come with that choice—and even to explore alternate casting choices that might give a new spin to the story, when it feels relevant or compelling to do so.”

Luck says she is inspired locally by Madeline Michel’s work recruiting and retaining minority artists at Monticello High School, and engaging them by selecting stories “that aren’t just white and male-centric,” such as Hairspray, In The Heights and Memphis.

“I mean, that’s why we want to go to the theater, right?” Luck says. “Because we want to see stories that make us feel less alone in the world.”

She also mentions color-blind casting, as in Hamilton, in which a director presumes that race and gender are not essential to the character.

“We have an upcoming show, Pippin, which has a multi-ethnic cast, but the casting choices were not based on ethnicity and don’t change the tenor of the musical,” Luck says. Conversely, in Live Arts’ current production of Death of a Salesman, director William Rough took the color-conscious casting approach and gave African-American men roles that have typically been played by white actors.

Luck says a favorite undertaking outside of Live Arts has been her work as the director of The Voice Project, in which she helped inmates at a local women’s prison tell their stories, find healthy ways to deal with conflict, and connect with each other and the world around them.

“Theater—it’s about real connection. The making of it and the watching of it,” she says. “I love film, too, but there’s a remove there. It’s not immediate. It’s not visceral and live. …It’s cleaned up, and edited and polished. When you’re doing theater, it’s real human beings telling stories right here in the moment with all of the beauty and flaws that come with humanity.”

She worked to teach the 200 inmates that at the heart of story is conflict, and to help them see that “sometimes the things that we think are most despicable or frustrating about ourselves are also the places we can find beauty.”

The inmates’ pre and post evaluation forms showed that their instances of violent infractions within the prison were reduced, and on a scale of 1-5, they gave the course a 4.75 for being an enormous motivator to remain infraction free.

Live Arts currently has 750 active volunteers, and Luck says she is honored every time she walks the Downtown Mall and thinks about the roost she rules and beyond.

“For a town of this size—to be able to be here and to know that this is a community that values the arts—is just pure joy.”

2017-18 Season

A Delicate Balance

October 13–November 11

Sometimes order, no matter how stultifying, is the only defense against chaos, and so we cling to it. How do we go on in the face of nameless, but real, terror? And when the terror recedes, can we regain our equilibrium, can things return to normal after we’ve shown our frailty to our world?

Directed by Fran Smith

Sweet Charity

December 1January 6

Charity may be down, but she is never out. Persistently optimistic, unfailingly upbeat, this indomitable dancehall dreamer carves out a place in her world where she is seen and heard and valued on her own terms.

Directed by Marija Reiff

Top Girls

February 2–24

This groundbreaking theatrical exploration of the challenges women face in defining their own lives is perhaps more relevant today than ever.

Directed by Betsy Rudelich Tucker

Fun Home

March 9–25

This story traces the coming-of-age of Alison, from her childhood through her college years and finally to the present day, where, now grown, Alison struggles to make sense of her father’s recent death.

Directed by Miller Murray Susen

Hand to God

April 13–May 5

The Exorcist meets Avenue Q in this irreverent and hysterical journey to the basement of a church in Cypress, Texas, where Jason, a painfully shy, mild-mannered kid, joins his mother Margery’s Christian puppet ministry. Jason’s alter ego, Tyrone, is a foul-mouthed, independent and diabolically funny puppet who has other plans for his human.

Directed by Cristan Keighley

The Liar

May 18–June 3

Buckle up for an evening
of razor-sharp modern wordplay and classic Restoration stage combat with our hero, a rapscallion who raises lying to an art form. Blessed and cursed with an unfailing gift for fabrication, young Dorante comes to Paris looking for a good time and promptly falls in love. D

Directed by Mike Long