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Mapping a course

City Council voted unanimously on Monday night to approve a new Comprehensive Plan. The plan, which has been in the works since 2017, will guide Charlottesville’s growth and development in the years to come. The most controversial element of the plan is the Future Land Use Map, which shows the neighborhoods in the city that might be able to support increased development.

The map’s path to this point has been long and controversial, with some community members advocating for even greater increased housing density across the city, and others arguing the map’s changes go too far. The last year has seen multiple rounds of amendments to the map, coalitions of residents formed to advocate their positions, letter-writing campaigns and the circulation of petitions, and even a full-page advertisement in The Daily Progress, taken out by a group hoping to delay the process.

At Monday night’s public hearing on the Comprehensive Plan, 71 community members addressed council, with 41 speakers expressing their support for the immediate adoption of the plan.

The hearing began with a presentation from Jennifer Koch and Ron Sessoms, planners at Rhodeside & Harwell, the consulting firm retained to oversee the process.

In his presentation, Sessoms addressed what would become the evening’s central point of contention: The map designates some lots that are currently zoned for only single-family homes as “medium-intensity residential,” allowing up to 12 units to be constructed. Sessoms emphasized the “up to” in the “up to 12 units” designation, saying that those areas “support a variety of housing types and scales.” The adoption of the Land Use Map will give way to a lot-by-lot zoning rewrite, which will set more specific, binding rules for what can be built where.

That didn’t stop some public commenters from expressing their concerns with the designation. Early in the evening, caller Tracy Carlson ran through a skit of sorts, in which a theoretical homebuyer and realtor have a conversation about the possibility of a 12-unit building being built on the street. (Later, another commenter called the skit “ludicrous.”)

Charlotte Meadows opposed the plan because she felt it was “increasing density just for the sake of increasing density.” David Aller said he was against the plan because the vacant lot next to his house, which he currently uses as a tomato garden, is designated medium-intensity residential, meaning the next owner of the lot might be able to build apartments there.

Those who supported the map cited the need to make the city less car dependent and more environmentally friendly, and the need to undo the legacies of segregation that are still built in to the city’s streets.

Matthew Gillikin, an organizer with pro-density housing group Livable Cville, spoke in favor of the plan. He noted the wide variety of organizations that signed on to a letter of support from Livable Cville, including a dozen religious congregations, Charlottesville DSA, and the UVA Student Council.

Miranda Elliot Rader, an employee at Bodo’s, also was in favor of the plan. “Most of my co-workers live outside of Albemarle County. Most people who work at Bodo’s commute 45 minutes to an hour to work there,” she said. “I would like to continue to commute by bicycle, and I think this plan would help.”

Carmelita Wood, president of the Fifeville Neighborhood Association, spoke in support of the plan, arguing that it would help fight the long history of segregation in the city. “It addresses so many of the problems we have in the city, past and present,” Wood said.

(Some commenters didn’t make pointed remarks either way. One began by saying, “I am speaking for all species that are sharing Charlottesville, and also cannot find shelter here,” such as “birds, bugs, bees, butterflies,” and more. Another said he “would like to speak on behalf of the humble sidewalk,” and asked for better sidewalks all around.)

After three hours of public comment—and after 11pm—City Council members got a chance to talk over what they’d heard.

Councilors Heather Hill and Lloyd Snook both expressed reservations about the placement of medium-intensity residential lots, and suggested pulling those sections out of the map, with the intention of adding increased density in certain areas later during the zoning rewrite.

Councilor Michael Payne suggested a better course of action would be to move forward with the map as is. “We’re more likely to retain medium-intensity residential in some capacity if we keep it in there, and through the zoning rewrite process chisel it down,” he said.

Payne repeatedly pointed out that the zoning rewrite process is going to take more than a year, and will involve more specific market analyses and data. “This is not the final word by any means,” he said.

Eventually, the council unanimously voted to approve the Comprehensive Plan.

Longtime affordable housing resident Joy Johnson spoke at the very end of the public comment period. “We’ve really been working hard on this since 2017,” she said. “I urge all of the supporters on this call tonight to keep your eyes on it. The real work is in the implementation.”

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The rumble in Richmond

For the last two years, Democrats have controlled Virginia’s state Senate and House of Delegates, and a Democrat has served as governor. The party has used those majorities to reshape the state’s laws. The Dems abolished the death penalty and legalized marijuana. They made it easier to vote in a variety of ways, including repealing Virginia’s mandatory photo ID law. They passed a major bill called the Clean Economy Act, which will force the state’s utility companies to start adopting renewable energy. They increased spending on education, including offering free community college for everyone in the state who makes below a certain income. They passed a moderate minimum wage increase—currently $7.25 an hour, it’ll be $12 an hour by 2024.

In order to see these reforms through, the Democrats will have to remain in power. Next month, all 100 House of Delegates members are up for another two-year term; Democrats currently hold a 55 to 45 advantage in the chamber. And former governor Terry McAuliffe is hoping to win a second term in the state’s highest office. He’s up against well-funded businessman Glenn Youngkin.  

Virginia politics is old hat for McAuliffe. He was the state’s governor from 2014 to 2018. He chaired the Democratic National Committee from 2001 to 2005, and led Hilary Clinton’s 2008 presidential campaign. He breezed through a Democratic primary this summer. Youngkin spent 25 years at high-end private equity firm The Carlyle Group, including two years as its CEO. He spent $5 million of his own money during his primary campaign, eventually triumphing in a ranked-choice convention. 

Throughout the campaign, Youngkin has emphasized McAuliffe’s insider status, trying to position himself as a new face whose business experience would help him run the state. McAuliffe, on the other hand, has tried his best to cast Youngkin as a right-wing radical, taking every possible opportunity to tie the Republican nominee to Donald Trump.

Third-party candidate Princess Blanding will be on the ballot as well, running under the Liberation Party. Blanding’s brother, Marcus-David Peters, was killed by Richmond police in 2018, and Blanding hopes to enact a variety of progressive criminal justice reforms, including ending qualified immunity for police officers, something both McAuliffe and Youngkin oppose. 

Both major party candidates have raised huge amounts of money—each had eclipsed the $30 million mark by August 31, a full two months before election day. In July and August, McAuliffe pulled in $11.5 million and Youngkin added $15.7 million to his chest. By contrast, four years ago Ralph Northam and Ed Gillespie raised $7.4 million and $3.3 million, respectively, during the July and August filing period. Both candidates have raised the vast majority of their money from large donations.

The candidate who has raised more money has won the last three Virginia gubernatorial elections. Tim Kaine’s 2005 victory over Jerry Kilgore was the last time a financial underdog won. 

Democrats have triumphed in every statewide election in Virginia since 2012. In 2017, Ralph Northam won by nine points, and last year Joe Biden won the state by 10. This election will be a test of just how blue Virginia has become—midterms traditionally see votes swing back toward the party that lost the most recent presidential election. If McAuliffe can weather the Republicans’ midterm bounce, it’ll bode well for future Dem dominance in Virginia.

FiveThirtyEight’s poll aggregator shows McAuliffe with a slight edge over Youngkin, polling at 47.6 percent to the Republican’s 45.1 percent. RealClearPolitics’ aggregator shows McAuliffe leading 48.5 to 45.0. The election takes place on November 2. Early voting is now open. 

The Issues 

Education 

McAuliffe has campaigned on raising teacher pay and expanding public preschool options. At the second debate, he said, “I don’t think parents should be telling schools what they should teach,” a quip the Youngkin campaign has seized on. 

Youngkin has parroted national Republicans’ promises to ban critical race theory in schools. He’s said he’ll direct the Department of Education to protect advanced math classes and other academic tracking practices, and create 20 new charter schools.

Elections

Restoring voting rights to 173,000 felons was among the signature achievements of McAuliffe’s first term. Now, he hopes to go a step further, enshrining automatic restoration of voting rights in the Virginia constitution.  

Youngkin dragged his feet in accepting the results of the 2020 presidential election, before admitting that there wasn’t “material fraud.” He wants to launch an Election Integrity Task Force, which would include requiring IDs to vote and the purging of voter rolls monthly. 

Health care 

McAuliffe wants to strengthen Medicaid and enlist federal money to lower health insurance premiums. He also says he’ll work to put Roe v. Wade abortion protections in the Virginia constitution, making it more difficult to overturn down the line. 

Youngkin opposes the state’s recent Medicaid expansion, and has gone so far as calling the expansion “sad.” He has described himself as “unabashedly pro-life,” and says he’ll tighten abortion laws if elected. 

Environment

McAuliffe hopes to accelerate Virginia’s transition to clean energy, aiming to get the state to 100 percent clean energy by 2035. Along those lines, he says he’ll restructure the state’s regulatory system to incentivize clean energy innovation.

Youngkin’s economic plan includes suspending the state’s gas tax. He opposes the Virginia Clean Economy Act, which Democrats passed last year, and has said that a renewable-energy-focused economic overhaul is not “doable.”

Criminal justice

McAuliffe initially suggested he would be open to ending qualified immunity for police officers, but walked that statement back at the first debate. McAuliffe says he’s never been in favor of defunding the police. He does want to invest in body-worn camera programs.

Youngkin wants to replace everyone currently sitting on the parole board, which Republicans feel has been too generous in granting parole in recent years. He also says he’ll protect qualified immunity. 

Downballot statewide races 

Alongside the McAuliffe vs. Youngkin clash, voters will also choose between Republicans and Democrats for lieutenant governor and attorney general. 

Virginia’s lieutenant governor is essentially the vice president of the state, serving as the tie-breaking vote in the state Senate and the first in line for power should the governor become incapacitated. Additionally, five of the last 10 LGs have later become governor. 

The Republican nominee for lieutenant governor is Winsome Sears, a Marine who served as a state delegate from 2002 to 2004. Since deciding not to run for reelection, she’s sat on the Virginia Board of Education, worked for Donald Trump’s reelection, and now owns an appliance company in Winchester. The Democrats are running Hala Ayala, an immigrant who’s been a delegate since 2017. This year, she spearheaded a bill requiring the Virginia Employment Commission to establish a paid family leave program by 2024. The victor will be the second woman to ever win a Virginia statewide election—Mary Sue Terry served as attorney general from 1986 to 1993. 

Democrat Mark Herring is seeking his third consecutive term as the state’s attorney general. Herring has empowered his office to investigate police departments for civil rights violations, cleared the state’s backlog of untested rape kits, and defended Virginia’s new gun restrictions in court against challenges from the NRA. His Republican opponent, Jason Miyares, is currently a delegate representing Virginia Beach. Miyares’ top priorities are to “punish criminals and protect victims,” fight illegal immigration, and support the police. 

These races are likely to go as the governor’s race goes. In the last decade, split ticket voting has become vanishingly rare in ever-more-polarized American politics. 

In the 2008 presidential election, 83 of the nation’s 435 House of Representatives districts voted for a presidential candidate and a House candidate of opposing parties. In 2020, just 16 districts split their tickets. In Virginia, three of the four gubernatorial elections held from 1994 to 2006 saw split-ticket winners, but all of the last three victorious governors have brought their party’s lieutenant governor and attorney general into power as well. Unless the governor’s race is very, very close, expect the winner to bring his down-ballot compatriots with him. 

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In need of Council

Three candidates—Democrats Brian Pinkston and Juandiego Wade, and independent Yas Washington—are running for two open seats on Charlottesville’s City Council. Current mayor Nikuyah Walker initially announced a run for reelection, but dropped out in September. 

Wade is a transportation planner and career counselor by trade who has served on the Charlottesville City School Board for 16 years. He’s been a valued voice in town for a long time, and serves or has served on the boards of United Way, ReadyKids, 100 Black Men of Central Virginia, Cultivate Charlottesville, and Child Health Partnership. 

Wade says his top priorities are criminal justice reform and helping to create more affordable housing in the region. He wants to explore creating non-police emergency lines that city residents can all for aid. From an environmental standpoint, his top priority is increasing tree cover in low-income communities. Wade also says he’ll focus on economic recovery after COVID, and hopes to work closely with the local business community. 

Washington, just 24 years old, is trying to bring a youthful perspective to City Hall. She’s worked for Albemarle Commonwealth’s Attorney Jim Hingeley and Democratic congressional candidate Cameron Webb, and has been a youth counselor for the city. 

Washington hopes to work hand in hand with the federal Department of Housing and Urban Development to help ameliorate the local housing shortage. Her public safety plan includes tightening gun laws wherever council has the authority to do so, requiring police officers to undergo deescalation training, and work with the Offender Aid & Restoration office to reduce recidivism among formerly incarcerated individuals.

Pinkston is a UVA project manager who also has a Ph.D. in philosophy. He’s currently the vice-chair of the Charlottesville Democratic Party. Pinkston narrowly missed out on a City Council seat in the 2019 election, and is back for another try.

Pinkston’s top goals include restoring “a level of collegiality” to City Council’s operations. Like Wade, he emphasizes economic recovery. He’d like to see a stronger Police Civilian Review Board that takes advantage of the new powers outlined by the general assembly, and supports diverting some police responsibilities to Region Ten. He told C-VILLE this summer that the key to criminal justice reform is “to listen to the people actually affected, and not just do progressive wish-fulfillment.” 

The two victorious candidates will serve four-year terms on council. 

Other local elections 

The Albemarle County Board of Supervisors has three of its six seats open, and three candidates are running unopposed in their respective districts. Incumbents Ned Gallaway and Diantha McKeel will each return for another term, and physicist and lawyer Jim Andrews will join the board. The Albemarle County School Board also has three incumbents running for reelection, each unopposed.

In Charlottesville, unopposed Commonwealth’s Attorney Joe Platania will secure a second four-year term after a stiff challenge in the summer’s Democratic primary. The city’s treasurer, commissioner of revenue, and sheriff are also running unopposed for reelection. 

Five candidates are competing for three seats on the Charlottesville School Board. The candidates will meet at a forum on Thursday, October 14. Check back here next week for our coverage of the school board race.

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High hopes

A few leafy green hemp plants sit on the second-floor windowsills in the Charlottesville Cannabis Club’s lounge. A puffy, white sectional couch fills the center of the room. The high-ceilinged space is a little brighter than the tapestry-draped basement you might expect at a members-only marijuana club, though there’s plenty of evidence that stoners dwell here: A bright green print of a weed leaf hangs on the wall, with bullet points taking visitors through a brief worldwide history of cannabis.

Matt Long, the tall, stubbled, 30something proprietor of the month-old business, shows me around the lounge. There’s a projector aimed at a blank wall—for “Cheech and Chong, or a football game,” Long says. He points out the snack bar, where bags of chips and cookies are on sale for patrons who might get hungry. 

It’s four o’clock on a Thursday. Two men sit at the lounge’s table, swapping observations about each others’ vape pens, and a soft herbal aroma fills the air. A battered copy of The Rolling Stone Illustrated History of Rock and Roll sits on one coffee table, a box set of the complete works of Calvin and Hobbes on another. 

The Cannabis Club is a new venture, a result of Virginia’s stop-start overhaul of the state’s marijuana laws this summer. The commonwealth’s Democratic majority voted to legalize recreational marijuana sales starting in 2024. In the meantime, in an effort to depress arrests, Virginians are allowed to possess and consume marijuana in private spaces, but aren’t allowed to smoke in public.

“Since you can consume in a private setting, we created a private members’ lounge,” Long says.

For $200 per year, club members can stop by the rooms above Ten Thousand Villages on the Downtown Mall and smoke to their hearts’ content, before heading out, bleary-eyed, toward Charlottesville’s restaurants, bars, and music venues. And anyone can come up to browse the glass-topped counter full of non-psychedelic marijuana-adjacent CBD and Delta 8 products. 

It’s a new business model for our stuffy old commonwealth. Long, though, isn’t exactly new to this game. In fact, he’s cannabis royalty. 

Matt Long’s Charlottesville Cannabis Club has been open for a month.
Photo: Eze Amos

All in the family 

In the 1970s, Charlottesville native and Western Albemarle High School graduate Allen Long smuggled a million pounds of pot into the country. Allen flew rickety planes into the Colombian brush to pick up product. He nearly found himself on the wrong end of a Cuban-American smuggler’s gun. He made $25 million. He was the subject of a 2002 bestselling book, Smokescreen: A True Adventure, by Robert Sabbag. 

Allen Long—Matt’s father—attracted the attention of his hometown, as well. His face graced the cover of the very first issue of The Hook, the Charlottesville alt-weekly that published from 2002 to 2013. 

In his heyday, Allen “was spending his millions, doing coke day and night, wearing thousand-dollar suits, leasing a jet year-round and tipping the pilot $10,000 at the end of each flight,” wrote The Hook. He had “balls like a bull elephant’s—with charisma and cunning in the same large measure,” reads the back cover of Smokescreen.

Eventually, Allen Long’s luck ran out. He spent five years in jail, starting in 1992, when Matt was a little kid. 

The Hook story portrays the recently-freed Long as a reformed man, participating in local charities and trying to raise his children the right way. Allen told The Hook that he’d send his kids to military school if they got caught smoking pot. He kept that promise—Matt did a stint at Hargrave Military Academy in Chatham before graduating from Western. 

The older Long wasn’t reformed, however. He got back in the game, and went back to prison. Allen Long did three more years for smuggling, starting in 2006, and passed away in 2012. 

Growing up, Long knew that his dad wasn’t like all the other dads in the carpool line. “The book came out when I was in high school,” Matt remembers. His classmates “made interesting remarks [about] it,” he says wryly. 

“A lot of them read it, and did papers on it—they’d turn it in for class,” says Long. “The teachers would stop me in the hall and be like, ‘this is not your dad is it?’ And I’d say, ‘No it’s not my dad.’” 

Matt Long’s father, Allen, was featured on the cover of the first issue of The Hook.

It wasn’t always easy. “There were times where it was shameful,” Long recalls, especially in the conservative central Virginia of 20 years ago. “‘Oh, you know, that kid’s dad is a drug dealer.’ That was a real remark from time to time.”

“And he was a drug dealer,” Long says. “So what could I say about it?”

The younger Long doesn’t remember his father expressing much remorse for the smuggling itself. “He was regretful of how much time he spent away, incarcerated,” Long says. “He fell into that industry, and fell in love with it, and became successful at it. When you become successful at something, it’s kind of hard to pull out of it.”

Matt’s mother, Simone, still lives in the area. How does she feel about her son getting in to the business? “I think she’s proud of what we’re doing, and would like to see it continue,” Long says. “The cannabis industry, it’s always been around. So it’s good that it’s going legal.”

In business 

The younger Long says he’s keeping everything clean. The Cannabis Club has a storefront of sorts, and a lawyer, and a UVA intern. “We are working with legal counsel, we’re trying to do things above board and pay taxes,” Long says. “I don’t want to go to jail.”

Matt moved to Los Angeles after college to work in finance, but remembers visiting a hash bar in Hollywood and understanding the legal pot industry’s possibilities. When Virginia legalized growing industrial hemp in 2018, Long returned home and started his own farm. It’s called Smokescreen Farm, after the book about his father, and is the origin of many of the products for sale at the club.

“I am doing some of the cannabis stuff to keep the heritage going,” Long says. And having dad’s connections is helpful. “We have family friends and stuff, farmers in California that we’ve known for a long time. It’s a second-generational business now.”

The retail space at the Charlottesville Cannabis Club currently features a few tall plants and glass cases full of CBD and Delta 8 products. Photo: Eze Amos

Long hopes to turn his space above the mall into a full-fledged marijuana dispensary when it becomes legal to do so in 2024. 

The state will hand out a limited number of dispensary licenses, but the Charlottesville Cannabis Club will have a good shot at getting one. Virginia plans to issue some dispensary credentials through a social equity licenses program, designed to help people who have been affected by the racist enforcement of drug laws get a foothold in the new cannabis industry. If you’ve graduated from an HBCU, live in an “economically distressed” area, were convicted of a marijuana-related crime, or have a direct family member who was convicted, you can apply for a social equity license. Long, because of his father’s record, will be able to apply through this program.

“People whose lives have been ruined by some sort of cannabis conviction—doesn’t matter what color you are, but specifically minority folks—they should definitely have a right to some sort of ownership in the industry,” Long says.

At this point, the local CBD and cannabis industry is predominantly, if not entirely, white-owned. The committee engagement director for the city’s Chamber of Commerce says she isn’t aware of any Black-owned CBD businesses, and the Office of Economic Development doesn’t know of any either. The Charlottesville Black Business Directory also doesn’t show any businesses operating in that industry. 

In the few weeks that he’s been open, Long has attracted 45 members. He hopes to reach 150. He also plans to have live music performances and art exhibitions in the large showroom area, where psychedelic paintings hang opposite the glass case of products. 

Earlier this year, Long’s Smokescreen Farm paired with Three Notch’d to create a hemp-based beer. (Three Notch’d marketed the beer as a “big, pungent, super dank IPA.”) You’d be forgiven if you mistook Long for one of the many craft brew masters wandering around the central Virginia countryside. He’s a millennial white dude brimming with enthusiasm for his locally made product; he’s wearing a baseball hat and a T-shirt with his company’s name written in a curly font. 

Ultimately, the goal is to be the Devils Backbone of weed, Long says—“a solid operator in our own backyard.”

New leaves 

Late afternoon light filters through the smoke of the members lounge. “It’s cool to be able to have a spot to duck in, be with friends,” says one club visitor, in between bong rips. “It’s gonna build a community.”

The conversation soon drifts easily to recollections of exactly where everyone was when UVA’s men’s basketball team won the national title in 2019. 

A neon sign in the window reads “open” in looping green letters, advertising the club’s presence to passersby on the street below. 

The industry has changed since Allen Long’s time. “You don’t meet people like that anymore,” Long says of his dad. He was like a bank robber in an old western flick, someone who really did the dirty work, says the son.

“Now it’s a real industry. People are seeing the recreational and the medical benefits, and the tax revenue and the employment that can come from this,” Long says. “The green wave is rising.”

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Money talks

Two distinct factions have emerged in the heated discussion around Charlottesville’s zoning laws. Some city residents say the latest proposed land use map goes too far, and that the construction of apartment buildings and shops would have deleterious effects on what are currently single-family neighborhoods. Others say the map doesn’t do enough to open up exclusive neighborhoods for new development. 

New data compiled by Planning Commissioner Rory Stolzenberg offers a clear illustration of who’s advocating for what at this point in the process. 

Letters asking the Planning Commission not to allow more dense housing in single-family neighborhoods almost all came from the owners of Charlottesville’s most expensive homes. Meanwhile, a campaign asking the map to allow for “a range of housing types accessible across income levels” came from homeowners who own homes of more representative value, including a large proportion of renters. 

The latest draft of the land use map was released on August 30, ahead of a Planning Commission meeting on August 31. Between September 5 and September 14, Stolzenberg’s data shows that the Planning Commission received 150 emails from people who wanted the land use planning process to slow down, because they oppose what they see as “blanket up-zoning.” 

More than 100 of those people submitted a form letter. “I support the stated objective of providing affordable housing,” the form letter reads, “but do not believe that the extensive changes these documents would make to our neighborhoods would have a significant impact on affordability.” 

The emailers say that allowing for increased housing density in certain areas “would destroy much in our city that makes it a unique and special place to live,” and are concerned that the adoption of the plan would lead to “wholesale changes to the content and character of neighborhoods throughout the city.”

Using Charlottesville’s public Geographic Information System, which catalogs the names of property owners in the city and lists the assessed value of every property, Stolzenberg was able to match each emailer with the value of the home they own. 

The median value of a home in Charlottesville is $330,000. The median value of the homes owned by anti-upzoning email writers is $730,000. 

The vast majority of these anti-upzoning emails—80 percent—came from people who own homes in the top 20 percent of value in the city—homes valued above half a million dollars.

And 20 percent of the anti-upzoning emails came from people who own homes valued at $1.1 million or more. 

Fifty-seven percent of Charlottesville residents are renters, but the 150 anti-upzoning emailers included 144 homeowners. Sixty-nine of those 150 emailers live in the tony Barracks/Rugby neighborhood, and another 20 live in North Downtown. 

On the other side, Stolzenberg also received 151 emails between September 5 and September 10 advocating for even greater density than the most recent version of the land use map would allow. 

More than 100 of those emailers submitted a form letter written by a group called Livable Cville. The Livable Cville writers ask that the planning commission allow 3.5-story buildings, four-unit dwellings, townhouses, and rowhouses through almost all of the city. “This will help ensure it is spatially and financially feasible for affordable multi-family homes to be built,” the letter reads. 

The city should also “allow small commercial uses, such as corner stores, throughout the city,” the letter argues. “If we want walkable, bikeable, vibrant, human-scale neighborhoods, that will require retail services in every neighborhood.”

Stolzenberg used the same method to create a general profile for the Livable Cville emailers. Just 88 were confirmed homeowners; Stolzenberg says that “most of the others are likely renters—many explicitly said so, while the others don’t appear in city property records.”

The large proportion of renters who wrote to support the Livable Cville email already means the campaign is more economically representative of the city than the group who sent anti-upzoning emails. 

Among the homeowners who participated in the Livable Cville campaign, the median home value is $370,000—not too far from the median home value in the city. Half of the homeowners who wrote to support increased density own homes in the bottom 40 percent of value in the city. 

The stark differences between the economic status of the two cohorts is “startling,” Stolzenberg wrote to his fellow planning commissioners on September 12. “It is our job as policymakers to make policy on behalf of all citizens, and therefore it is important to know who we are hearing from, and how they represent or do not represent the citizenry at large…That is what I’ve endeavored to provide with this analysis.”

Correction 9/29: An earlier version of this story misstated the percentage of renters in Charlottesville, and misspelled Rory Stolzenberg’s name.

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State of the states

Some of our states are up to no good. Texas just passed a comprehensive and dangerous abortion ban. Florida has banned mask mandates in schools, even as the delta variant sweeps across the nation. At press time, California voters are standing in line for a bizarre recall election that could see a candidate currently polling at 28 percent take the governorship. 

Of course, since the founding of this country, states have always had control over their citizens’ lives in material ways. But the Trump era accelerated “a trend that has been apparent for years—states increasingly acting to fill the policy void,” writes longtime Charlottesville lawmaker David Toscano in his new book, Fighting Political Gridlock: How States Shape Our Nation and Our Lives. Reading the news the last few weeks, it’s hard to argue with his thesis. The challenge now is pushing back.  

Toscano knows a thing or two about the powers of states: He spent 14 years as Charlottesville’s representative in the Virginia House of Delegates, and served as the Democratic leader from 2011 to 2018. (Republicans controlled the chamber for that entire stretch.) He retired from the House in 2020, though he’s still practicing law. He’s as eager as ever to gab about local and state politics, and writes regularly on his blog.

Fighting Political Gridlock, which was published by UVA Press and hit stands on September 7, isn’t a memoir. You won’t find Toscano waxing poetic about the halls of the state capitol or spilling juicy secrets about his former co-workers. Nor is it a polemic, in which he argues on behalf of the issues he spent so long fighting for in the legislature. Fighting Political Gridlock is more of a civics lesson than anything, an effort “to show why states matter in this great nation of ours,” he writes in the acknowledgments.

The book’s second chapter opens with a well-known quote from Supreme Court justice Louis Brandeis: “A single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” 

Brandeis’ optimistic notion of our states is borne out in some ways, Toscano tells C-VILLE. “Look around at a place like Virginia, that’s been leading the way on the transformation towards a renewable energy economy,” he says. “We can do it a lot faster than the feds can, because they’re bogged down. It’s very difficult for the Congress to make decisions.” And in other areas, like election laws and criminal justice reform, Virginia has made real progress in the last few years. 

As recent events show, however, state autonomy is a two-sided coin. To return to Brandeis’ laboratory metaphor: “Some scientists are geniuses,” Toscano says, “and some are evil geniuses. The things you produce in a lab can have really, dramatically bad consequences for people if you let them out.” 

In theory, one major check on the worst impulses of the states is the body on which Brandeis sat—the Supreme Court. But in recent years, the court has repeatedly abdicated its duty to moderate the states’ laboratory experiments, Toscano argues.

“Although there are some places where the courts will rein in the excesses of the states, if you look at what’s happening in the Supreme Court, you can’t be particularly confident that they’re going to do the right thing,” he says. 

Texas Governor Greg Abbott recently signed off on the Texas Heartbeat Act, which bans abortion after six weeks. Earlier this month, the Supreme Court allowed the legislation to stand. Photo: Gage Skidmore.

So if the court won’t watch over the states, who will? 

First and foremost, “the way to control the excesses is through citizen participation,” Toscano says. “It’s going to be citizen engagement—voting, pressuring, organizing at the state level—that’s going to hold people to account.”

For an illustration, Toscano turns to Georgia. In 2013, the Supreme Court’s conservative majority gutted the Voting Rights Act of 1965, removing a provision that required the federal government to sign off on new voting laws from states with a history of discrimination. That “unleashed a wave of voter suppression efforts,” writes the Brennan Center for Justice, and gave places like Georgia free rein to pass new, restrictive voting laws. 

In the years since, Georgia has become “a really good example” of citizens pushing back on state recklessness, says Toscano. 

“They have been working at the grass roots on voter rights for some time,” says the former delegate. “And they are having an impact. They’ve been able to make voting easier for people even though the state legislature tries to make it more difficult.” As a result, Joe Biden was victorious in Georgia, and two Democrats won in the state’s U.S. Senate runoff election.

In some circumstances, Toscano says, it’s also possible to push back on new state laws in state-level courts. State constitutions, crucially, often contain clearer language than the federal constitution. For example, the right to vote is not actually enshrined in the U.S. Constitution, but many state constitutions include “the right to fair and equal elections,” or a phrase to that effect. That allows for challenges to voting laws at the state level, and such challenges are underway around the nation. “At least 30 lawsuits are aimed at laws in 11 states that opponents say restrict voting access,” reported The Wall Street Journal this summer.

Is that recipe—grassroots organizing combined with legal action—enough to secure voter rights for all in a place like Georgia? “We’ll have to see, over the next few years, how this plays out,” Toscano says.  

In the meantime, he hopes everyone in the country will pay attention to state politics more consistently. A politically supercharged Supreme Court case with national implications for abortion law draws plenty of eyes to the Texas legislature, but the day-to-day function of state government remains under-discussed, Toscano argues. 

The book includes some horrifying figures about state-level political participation: Just one in three Americans can name their governor, and less than a quarter of Americans aged 18 to 34 can name a single one of their senators, according to two studies conducted in the last four years. 

The state has a tremendous amount of control in education policy, Toscano says. Redistricting fights take place at the state level, and ultimately determine the makeup of the U.S. Congress. These and other issues often don’t break through in our ever-more-nationalized political discourse.

“For some time I have been concerned that people focused so much on the national government that they lose track of really important decisions that are being made at the state level,” Toscano says. “I hope this book will contribute to the dialogue about how we can fix it.”

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News

Police chief fired

Charlottesville Police Chief RaShall Brackney is on the outs—City Manager Chip Boyles terminated her contract last Wednesday evening. Brackney, the first Black woman to hold the job, had been at the head of the department since June 2018. 

A recent survey of police officers indicated that the rank-and-file had lost trust in Brackney, but other newly public documents give numerous examples of misconduct within the department and detail Brackney’s efforts to turn things around. Seven officers have been terminated for bad behavior since Brackney took charge. 

The city initially announced Brackney’s firing in a brief press release on Wednesday evening, and then elaborated on the decision in another release on Friday. The city manager’s team declined to speak directly to C-VILLE about the termination.

“I fully supported the difficult personnel decisions made recently by Chief Brackney,” said Boyles’ statement. “However, in order to dismantle systemic racism and eliminate police violence and misconduct in Charlottesville, we need a leader who is not only knowledgeable in that work, but also is effective [at] building collaborative relationships with the community, the department, and the team at City Hall.”

Councilor Lloyd Snook, the only city councilor who could be reached for comment, echoes Boyles’ concerns about Brackney’s ability to build consensus.

“When Chief Brackney came, she very early on ruffled a lot of feathers among the good old boys network,” Snook says. “That didn’t bother me. There were a lot of people who had been in the job too long or had brought an unhelpful attitude.”

But Snook says he became concerned when reports surfaced that department morale had reached an all-time low, and when officers who Brackney herself had hired began to leave. “I’ve been generally quite impressed with the folks who have been hired,” Snook says. “The problem is that most of the folks who I was impressed with didn’t stay.”

Mayor Nikuyah Walker, who had spoken favorably of Brackney throughout her stint as chief, disagreed with the firing.

“The City of Charlottesville publicly eviscerated Dr. RaShall Brackney to protect police officers who are fighting the internal reforms she’s implementing,” Walker wrote on Facebook after Brackney’s dismissal. 

“I supported Dr. Brackney because she is as committed to breaking down these racist systems as I am,” Walker wrote in a separate post. “I’m saddened because little Black girls everywhere are looking at this and learning what happens when you risk everything to tell the truth.”

Shortly after the news broke, Walker posted a four-page memo that Brackney had shared with councilors in early August, which goes into further detail on the type of behavior that was common in the police department.

Officers let their children fire police weapons and detonate explosives, swapped pornographic images and racist jokes on department cell phones, and shotgunned Bang energy drinks before their shift on the anniversary of August 12, the memo reveals. SWAT team recruits “were frequently subjected to humiliating comments regarding their skin tones and ethnicity, as well as stereotypical references to an African American recruit eating chicken,” it reads.

The document also includes a transcript of a text exchange between three officers, in which one high-ranking department member brags that he “just threw the boys into the octagon at the house and told them to fight for my amusement…winner got ice cream. Loser got to watch the winner eat the ice cream…I’m breeding next gen savages!…I want them both fucking the prom queen one day.”

As a result of these incidents, the SWAT team was disbanded, one officer was fired, and two more resigned. Those personnel moves were among the decisions that had irritated the department’s officer corps—some officers complained about the departures of their colleagues in an anonymous survey released two weeks ago. 

On the other side, some police reform activists expressed mixed opinions about Brackney’s firing. 

“While the Chief was not particularly in favor of community oversight, the City’s firing her for trying to change police culture is a step in the wrong direction,” reads a statement from the People’s Coalition, a police oversight advocacy group.

“I’ve never been able to understand, or get a clear answer, as to why there was the development of a Civilian Review Board here,” Brackney said in a 2019 interview with C-VILLE.

Snook says he understands the gravity of letting the department’s first Black woman police chief go, and that he’s heard from some in the community that “by firing Chief Brackney you’re allowing the racists in the police department to win.”

“All I can say is right now, what’s clear is that Charlottesville is losing,” the councilor says, “and we need to figure out a better way to do this.”

Brackney will be paid a lump sum equal to 12 months of her $160,000 salary. Charlottesville has made a habit of paying large severance packages to outgoing officials: Last year, former city manager Tarron Richardson took a check for $205,000 with him on his way out the door. 

Assistant Police Chief James Mooney will take over while the department conducts a national search for a new chief. 

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Early returns

Last week, city and county public schools welcomed students back for five-days-a-week, in-person instruction for the first time since March 2020. Both districts have already reported COVID-19 cases among students, but say they still feel confident in their health and safety precautions. 

After the first day of classes, two city schools students reported symptoms, and Assistant Superintendent Jim Henderson sent a message to families. 

“This week, we have had several students report COVID diagnoses, including two who spent time at our schools. These situations are unfortunate but, in a pandemic, they are not unexpected,” Henderson wrote on August 25. “We are doing our part by following all CDC recommendations. We continue to tweak our implementation to keep everyone as safe as possible.”

“The health department remains confident in our mitigation measures,” wrote CHS Principal Eric Irizarry after the first day. “While we anticipate that this incident is contained, it’s a good reminder for all of us to promote healthy behaviors.”

At press time, city schools reported 13 total student coronavirus cases and nine staff cases so far this year.

Albemarle County Public Schools report that 18 students and eight staff had confirmed COVID cases between August 23 and August 30. Those were concentrated in elementary schools—Agnor-Hurt and Stone Robinson have reported five and six student cases, respectively. 

In the area, roughly 70 percent of children aged 12 to 17 are vaccinated, according to the Blue Ridge Health District. The city schools require employees to be fully vaccinated by September 15, or they’ll be required to show a weekly negative COVID test. 

City school board member Lashundra Bryson Morsberger expressed some frustration with the state of COVID preventions in schools and the commonwealth. COVID is “worse than last August,” she wrote on Twitter last weekend. “We have less flexibility, and the kids are back in class…It feels like we’re in the twilight zone. This is crazy.”

On Grounds

Meanwhile, at UVA, the first two weeks of classes have seen 114 cases among faculty, staff, students, and contract employees. As of Monday, the university reports 84 active cases. 

Early-semester COVID case spikes were to be expected. Last fall, the rolling seven-day average of total new cases peaked at 26.9, in late September, before declining and leveling off until the beginning of the spring semester. 

The seven-day average for new cases at UVA right now is 10.4. On August 29 of last year, it was 12.7. 

As of August 29, UVA hospital had 50 COVID-positive patients in the building for treatment, including three who had been newly admitted on the 29th.  

A little further afield, Liberty University has put a campus-wide quarantine in effect, just four days after students returned for the fall semester. Unlike other Virginia schools, such as UVA and William & Mary, Liberty didn’t require students to get vaccinated before returning to Lynchburg, and the university reports 159 active cases as of August 25.

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News

‘A dumpster fire’

Charlottesville SWAT team officers filmed their kids setting off explosives. They fired semi-automatic, department-owned weapons at unauthorized events. One officer consoled a colleague who was frustrated with police department leadership by suggesting “we kill them all and let God sort it out.” When videos documenting these behaviors made it to the chief, one officer was fired and two resigned, and the chief dissolved the SWAT team.

We know all of this because the city admitted it in a press release: The unsigned, 1,700 word document was posted on the city’s website on Friday evening. The press release was not shared because the department felt it was important to update the community on these matters, but rather because the city wanted to explain the results of a recent anonymous survey of CPD officers, in which a large majority of surveyed officers expressed extreme dissatisfaction with the department’s leadership.  

Since her hiring in 2018, Charlottesville Police Chief RaShall Brackney has vowed to make her department’s operations more transparent to the public. Both Brackney and the city’s communications director declined to comment on the press release.

The unsigned press release and the anonymous survey results paint a picture of a department where rank-and-file officers are upset at various attempts to institute reforms.

In the survey, which was conducted by the Central Virginia Police Benevolent Association in June, many officers expressed unspecific concerns about the existence of the Police Civilian Review Board. The board was formed recently with the goal of monitoring police activity from an external standpoint. The board has gotten off to a rocky start, however, and has yet to officially codify its own powers and rules.

Officers also complained that Joe Platania, the commonwealth’s attorney, was too progressive and too soft on crime, an illustration of the disconnect between officers and the community they serve. This summer, Platania won a Democratic primary election against an even more progressive challenger—41 percent of local Democrats voted for Ray Szwabowski, indicating that they felt Platania wasn’t progressive enough. 

One survey respondent specifically said that the firing of former officer Jeffrey Jaeger was unjust. Jaeger was found guilty of assault in court after slamming a Black man’s head into a fence while on the job. 

Some survey respondents said the department’s leadership was too harsh in punishing officers who had broken the rules. Officers were found responsible for infractions in 37 percent of internal affairs cases in 2020, the department reports. 

Sixty-nine percent of surveyed officers said they do not feel that Brackney has the ability to lead the department into a new era. Ninety percent said the current political climate in the city has caused them to “reduce [their] normal policing activities…for fear of being targeted by community groups.”

In response, the city detailed the SWAT team infractions described above, and also aimed to characterize the department’s culture more broadly. Before Brackney arrived, the department was “embedded in traditional, procedural policing approaches that created an ‘us vs them’ mentality” and was reliant on “outdated policies, practices, and training,” the release says.

The city says the department leadership will continue “efforts to ensure that aggressive, misogynist, machoistic, paramilitary-style and racist attitudes and behavior will not be tolerated within the workplace,” because such behavior “presents a threat to public safety and to the safety of all the officers who diligently, conscientiously and lawfully perform their duties every day.” 

Tell us how you really feel

Sixty-six Charlottesville police officers participated in the Police Benevolent Association’s anonymous survey about the state of the department. Read a selection of their comments below. 

“The citizens themselves constantly think we are racist and are throwing it in our face. Disregard that they are being racist to us for wearing a uniform.”

“Leadership panders to the [Police Civilian Review Board] and public instead of providing support to officers.”

“Paperwork. We have 8 different ways of documenting information on a single traffic stop, and we have to do them all. A lot of us don’t do traffic stops because it’s too much work.”

“The Chief and Command Staff base too many of their decisions off of the possible public opinion and how their decisions will be viewed in the media.” 

“Use of force policies are so strict almost any officer could be punished for doing almost anything.”

“All they do is play into the political atmosphere of the city in order to cover their own butts. We have been told in the past to stop patrolling some high drug/crime area so much because an activists complain.”

“It has become evident over the years that if you make mistakes, no matter how small, you will be punished.”

“This department is a dumpster fire.”

“To quote a retiring Portland Oregon Detective which best describes
the current situation at CPD. The only difference between CPD and the Titanic? ‘Deck chairs and a band.’”

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2021 Best of C-VILLE Staff Picks

Music to your mouth

Walk into Soul Food Joint and the first thing that hits you is the smell—tangy, greasy goodness fills the air. The menu features all the classic soul food favorites, from fried chicken to pulled pork to mac and cheese. And if the food didn’t tip you off, the decor screams “I’ve got soul:” A photo of James Brown smiles down from a collage of music posters on the wall.

It’s a family business, too. “Most of the recipes are my mother’s recipes, and my grandmother’s, from over 70 years ago,” says owner and chef Shaun Jenkins. “That lady in there is my mom; that’s Chef Honey. She taught me how to cook.”

Chicken aside, Soul Food Joint’s downtown space is also the kitchen for Jenkins’ catering business. The 22-year Charlottesville resident says that Soul Food Joint’s two dozen different types of catering appetizers are his favorite dishes to prepare, and many of the high-end catering items have Southern roots. “We make a garlic cheddar biscuit, punch a hole right in the middle and fill it with chutney, and put the Virginia ham right on top,” he says. “And one of our most popular [appetizers] are our deep-fried deviled eggs.” 

(You don’t have to get married to get your hands on a deep-fried deviled egg, either. Jenkins says they’ve become a popular part of the restaurant’s regular menu.) 

Jenkins began his career in hospitality. In 2017 he took an 18-week course with the Charlottesville Investment Collaborative, which he says was instrumental in giving him the knowledge he needed to grow his business. Soul Food Joint opened its physical location in the middle of the pandemic, but Jenkins says that, all things considered, he thinks the first year in business has gone “perfectly.” 

For him, the most satisfying part is connecting with customers. “If someone walks in that door, and we didn’t have anything to sell, I could still have them leave happy,” Jenkins says. “We have open doors and open arms to anyone that wants to come in and have a conversation on a bad day, or if they want a home cooked meal.”