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Capshaw-owned development renamed City Walk

One of the city’s biggest development projects is set to break ground after years of delay. 

The Coal Tower project, located at the end of Water Street and owned by Dave Matthews Band manager Coran Capshaw, has been renamed “City Walk.” It’s a fitting moniker: Plans call for the eastward extension of Water Street and a multi-use trail for bikers and pedestrians that will connect the end of the road to the entrance of the Woolen Mills neighborhood.

The original plans for City Walk called for a residential development as big as the real estate market circa 2006. At the time, the development included townhouses along Carlton Avenue and Water Street Extended. Those buildings comprised a total of 315 residential units, 250,000 square feet of commercial space, and mixed-use buildings around the property, including a nine-story tower.

After a long pause, City Walk is closing in on its start date. According to city spokesman Ric Barrick, developers hope to begin construction on the first of the year.

“That plan was scrapped when the downturn hit,” said City Planner Brian Haluska. “There are no nine-story buildings involved anymore. It’s now a four-story central building that’s going to be an apartment complex with an attached garage.”

With the addition of three smaller, three-story apartment buildings along Carlton Avenue, the 302 total residential units will be a combination of one-bedroom and two-bedroom suites.

After a long pause, City Walk is closing in on its start date. According to city spokesman Ric Barrick, developers hope to begin construction on the first of the year. Construction was postponed until the developer could secure financing from the Department of Housing and Urban Development (HUD), said Barrick. Calls to the developer, Atlanta-based Metzger & Co., were not returned by press time.

“All of the buildings are down at the east end of the property,” said Haluska. “They are leaving a fair amount of open space between those buildings and the intersections of Water and 10th streets.”

The multi-use trail, which is still in the plans, is intended as a transportation alternative for city residents who would rather walk or bike than drive. The trail, which will be developed with the project, will run along the south side of Water Street from that road’s eastern extension along the train tracks to Meade Avenue.

Originally, the city was awarded a grant to build the trail, but, according to Chris Gensic, city park and trail planner, Metzger & Co. decided to take on the project and hand it over to the city, free of charge. “We decided to take that grant money and attempt to complete a trail all the way to Meade Park,” said Gensic.

In keeping with the recent efforts to make Charlottesville more bike friendly, the city will also build a trail from the corner of Water and 10th streets to the Belmont Bridge back to the Downtown Mall near the Transit Center. The timeline of that trail’s construction, however, is still unknown, and depends on the bridge’s renovation, according to Gensic.

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The Coal Tower cometh

One of the city’s biggest development projects is set to break ground after years of delay.

The Coal Tower project, located at the end of Water Street and owned by Dave Matthews Band manager Coran Capshaw, has been renamed “City Walk.” It’s a fitting moniker: Plans call for the eastward extension of Water Street and a multi-use trail for bikers and pedestrians that will connect the end of the road to the entrance of the Woolen Mills neighborhood.

The original plans for City Walk called for a residential development as big as the real estate market circa 2006. The developer, Atlanta-based Metzger & Co., intended to build townhouses along Carlton Avenue and Water Street Extended. Those buildings comprised a total 315 residential units, 250,000 square feet of commercial space, and mixed-use buildings around the property, including a nine-story tower.

More after the photo.

The Coal Tower is a Historically Designated Property.

“That plan was scrapped when the downturn hit,” said City Planner Brian Haluska. “There are no 9-story buildings involved anymore. It’s now a four-story central building that’s going to be an apartment complex with an attached garage.”

With the addition of three smaller, three-story apartment buildings along Carlton Avenue, the 302 total residential units will be a combination of one-bedroom and two-bedroom suites.

After a long pause, City Walk is closing in on its start date. According to city spokesman Ric Barrick, developers hope to begin construction on the first of the year. Construction was postponed until the developer could secure financing from the Department of Housing and Urban Development (HUD), said Barrick. Calls to the developer were not returned by this publication deadline.

“All of the buildings are down at the east end of the property,” said Haluska. “They are leaving a fair amount of open space between those buildings and the intersections of Water and 10th streets.”

The multi-use trail, which is still in the plans, is intended as a transportation alternative for city residents who would rather walk or bike than drive. The trail, which will be developed with the project, will run along the south side of Water Street from that road’s eastern extension along the train tracks to Meade Avenue.

Originally, the city was awarded a grant to build the trail, but, according to Chris Gensic, city park and trail planner, Metzger & Co. decided to take on the project and hand it over to the city, free of charge. “We decided to take that grant money and attempt to complete a trail all the way to Meade Park,” said Gensic.

In keeping with the recent efforts to make Charlottesville more bike friendly, the city will also build a trail from the corner of Water and 10th streets to the Belmont Bridge back to the Downtown Mall near the Transit Center. The timeline of that trail’s construction, however, is still unknown, and depends on the bridge’s renovation, according to Gensic.

 

Get an earful: Charlottesville launches audio tour of historic sites

Kristin Rourke, a UVA graduate student from Houston, Texas and intern with the City’s Neighborhood Development Services department, came up with the idea of identifying historic and interesting sites around the city, recording a brief profile and make it available to all via mobile phone. Now, the city’s new Audio Tour website is up and running, and the city’s Public Works department is in the process of putting up the signs.

“I thought it was a great thing to have in Charlottesville as a way of letting people hear more of the stories of the places that they see without having to actually have an official tour, having to buy a tour guide and read it,” she said. “It’s a different way of telling the history [of the city.]”

More after the photo.

Sample signage for the historic sites. Photo courtesy of City of Charlottesville.

The 10 chosen sites, which include the Albemarle County Courthouse, Jackson Park, the Old County Jail, the Downtown Mall, the Nancy West House site, the Sacajawea statue and Vinegar Hill among others, will be highlighted by a sign with both a telephone number and a QR code, which will allow users to link directly to the audio recording for the corresponding site.

The project is sponsored and supported by the Charlottesville Historic Resources Committee (CHRC). Rourke said she tried to keep expenditures to a minimum and estimates the initial cost to less than $500. Specifically, $330 went for signage and the additional cost of the phone line through next year, according to Mary Joy Scala, the city’s Preservation and Design Planner.

The recordings feature the voices of residents and elected officials including Mayor Dave Norris, City Councilor Satyendra Huja, former mayor Kay Slaughter and former Sheriff Cornelia Johnson among others.

“We wanted to have a variety, male voices, female voices, old voices, young voices…so that people could have a different audio experience,” said Rourke.

An audio or visual tour of the city’s most historic sites was also brought forth in one of the Dialogue on Race’s initial study circles, but Rourke said she that although has worked mainly with CHRC members, she doesn’t rule out possible future partnerships. 

“In the future I may work with them, because the goal is to add more sites, eventually, because there is so much more than just these first ones,” said Rourke. “I think it would be great to add the Jefferson School.” 

 

Sierra Club endorses Neff, Dumler and Mallek for Albemarle Board

Today, the Piedmont chapter of the Sierra Club endorsed three candidates for the Albemarle County Board of Supervisors.

In a press conference in the lobby of the County Office Building, Sierra Club representatives endorsed Democratic candidates for the Scottsville District Chris Dumler (Scottsville), Ann Mallek (White Hall, current chair) and Cynthia Neff (Rivanna). In turn, the candidates vowed to work to protect the county’s land.

Tom Olivier, the group’s president, said that the Sierra Club endorses candidates “we believe have the ability to simultaneously protect the environment and provide opportunities for better lives for people.”

Dumler, an attorney running against Republican Jim Norwood, said that the city he grew up in in the outskirts of Atlanta, Georgia, was “the poster child” for unchecked growth, something he opposes happen in Albemarle County. Dumler has served on the Albemarle County Natural Heritage Committee. 

More after the photo.

The candidates with Sierra Club officials in the lobby of the Albemarle County building. Chiara Canzi photo.

Dumler said that he is “tired of the old divide” between environmental organizations and developers and wants to create an atmosphere of collaboration in attracting businesses to the county.

Mallek said that Albemarle County has a reputation of being a “progressive and sustainable place,” characteristics that can be appealing to businesses and companies thinking of making Albemarle their home. No business would want to be associated “with a place that is backwards,” she said.

Neff, who is running against Republican incumbent Ken Boyd, said that when she was a young child, her hero was John Muir, founder of the Sierra Club. She emphasized the need to keep conservation easements an active tool in protecting the county’s land from sprawl and overgrowth.

The Sierra Club previously endorsed two candidates for Charlottesville City Council, Democrats Dede Smith and Colette Blount. Smith won one of the three Democratic nominations.  

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Fair and square?

Spurred by data obtained by Virginia Organizing (VO) through a Freedom of Information Act request, community members have urged City Council to review the city’s hiring practices, and have voiced concerns about the perceived under-representation of minority supervisors and managers in city jobs.

Councilor Kristin Szakos said she does not believe racial discrepancies in supervisor roles are intentional. "And yet whether or not it’s intentional is almost irrelevant, because if the effect is the same, we need to fix it."

“There are a lot of minority groups leaving the city and working in other states or counties because there aren’t adequate jobs here,” said Jona Noelle Baily. “We want them to stay here, and City Council needs to create an incentive for them to stay here.”

Backed by VO, Baily and other community organizers urged City Council to make this issue a high priority and conduct an anonymous survey to ask city employees about barriers that prevent them from becoming supervisors or managers. The campaign also called for the establishment of set goals to measure progress and hold departments accountable. Council pledged to organize a work session to explore the issue and find solutions.

According to documents provided to VO, 35 percent of Charlottesville’s 291 public works employees are African-American, but only 16 percent are supervisors or managers. In the Social Services department, African-Americans account for 24 percent of the total employees, but only one of the 17 supervisors is black. The only Hispanic supervisor works in the Community Attention department. Overall, only 1.1 percent of the city’s employees are Hispanic.

Councilor Kristin Szakos, whose husband is executive director of Virginia Organizing, said that the educational levels of those who haven’t been able to move up might be one area to study.

“Are there policies for moving up the ranks that might hinder newer employees, or employees with young families?” asked Szakos. “There may not be, but something is and we’re really trying to figure [it] out instead of just randomly throwing programs at it.”

Galloway Beck, director of human resources for the city, said there is work to be done on the issue. However, he disagrees “with the conclusions that Virginia Organizing reached in terms of…inherent racism in the city’s hiring practices.”

There are processes in place to help employees move up within the organization, said Beck. Mentors, for example, are a critical component in identifying and working with employees to advance within city departments. However, Beck acknowledges that it is also vital for employees to learn that the process is not immediate and may take time.

“If you look in terms of the people and how we recruit… I think you walk away with a different conclusion,” said Beck.

Szakos said she does not believe racial discrepancies in supervisor roles are intentional. “And yet whether or not it’s intentional is almost irrelevant, because if the effect is the same, we need to fix it.” Although a date has not been set, the City Council work session may happen sometime in November.

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Halfaday's half-truths raise more questions

After the Democratic firehouse primary on August 20, news about former City Council candidate James Halfaday’s alleged untruthful statements began to surface. By then, Halfaday had been a certified candidate for five months.

James Halfaday is being investigated for alleged election fraud for claiming her was coowner of a local gym. He has not been reachable, and calls to his cell phone revealed the number has been disconnected.

Jim Nix, Charlottesville Democratic Party co-chair, doesn’t think Halfaday’s candidacy raises any concerns about the party’s methods for identifying candidates.

The requirements to become a candidate are “rather loose, but that’s by design,” says Nix. “We really want to have an open party.”

Now, Halfaday is being investigated for possible election fraud for claiming on his campaign filings that he was co-owner of Snap Fitness, a gym in the Seminole Square Shopping Center.
(Halfaday appears to have been only a gym member.) The Charlottesville Electoral Board also directed City Registrar Sheri Iachetta to turn over Halfaday’s statement of economic interest, a form that all City Council candidates have to fill out, to the Commonwealth’s Attorney for review.

In light of Halfaday’s alleged fraud, should the candidacy requirements become more strict?

“Nothing is going to change,” said Nix. “We depend on the Registrar to really weed out the troublemakers, and as far as the Registrar is concerned, he was O.K.” Iachetta said her office checks the candidates’ addresses and whether they are registered voters.

“That’s really the only requirement,” she said. “We are not an investigative body, so we take everything at face value, just as when people fill our their voter registration applications. It’s exactly the same thing.”

Halfaday met the requirements: He was a registered voter in Charlottesville at an address located on Sunset Avenue, and a Democrat who “believed in the principles of the Democratic Party.” Nix said candidates also need to meet the state’s statutory requirements by being a qualified voter for the office sought, a resident of the Commonwealth for at least a year before the election, and a resident of the locality where the election will take place.

“If we have somebody come forward and we check their history and there is evidence that they were not Democrats, then we question them more thoroughly,” said Nix. “In his case, there was no record at all, because he never voted.”

Julian Taliaferro, a former vice-mayor who endorsed Halfaday, 32, said he would not be in favor of changing the level of scrutiny.

“I don’t think necessarily because of one incident you should change the whole process” he said. “Things like this are going to happen. I don’t know whether the allegations are true or not, but it just seems like a lot of things have happened.” When asked why he endorsed Halfaday, he said that he “liked some of the things he was saying and I thought he was a young guy, he was really interested in the community,” said Taliaferro.

Ultimately, Nix said the voters make the decision about who moves forward in the political process, which is as it should be.
“In this case, [the voters] were not very impressed by him and had some serious doubts about him, because he only got 234 votes out of 2,600,” said Nix. “It never caused a problem in the past. I don’t see any reasons to change and, in this case, the outcome was appropriate.”

Halfaday, meanwhile, has not been reached since news of his alleged fraud first broke. Calls to his cell phone revealed that the number had been disconnected.

Long withdraws from Council race, endorses Collins and Williams

Independent City Council candidate Paul Long announced yesterday that he is withdrawing from the race due to financial reasons. He also endorsed fellow Independents Brandon Collins and Andrew Williams.

“I have taken on a part-time job because I have some financial debt that I have to pay off,” he said in an interview. Long added that in addition to working full-time at the UVA Medical Center, this new commitment would not give him the necessary time to “maintain an effective campaign that I think the residents of Charlottesville deserve.”

Long believes the four remaining candidates will fare well against the three Democratic nominees in the race for three City Council seats. He endorsed Collins for the candidate’s commitment to addressing poverty and homelessness in the city. Long said he would like the city to take a more direct approach to aid the homeless and use the budget surplus to help faith-based organizations run a year-round shelter.

Both Collins and Williams thanked Long for his endorsement and vowed to continue his work through their campaigns.

More after the photo.

Independent Candidate Paul Long, along with Brandon Collins (left) and Andrew Williams, in front of City Hall.

Williams, who is the youngest and only African American candidate, said he offers a different, young perspective that is in opposition to partisan corporate politics.

“You can’t teach an old dog new tricks,” he said in an interview. “To solve new problems, you need a new perspective, you need fresh new ideas. I am not stuck in my ways to due partisan politics.”

Long and Collins share the same idea that Charlottesville is a “wealthy” city that “does not look after poor people, that does not look after working people, and does not support human rights,” said Collins.

Although a longtime Democrat, Long has been dissatisfied with the local Democratic Party, but said that he likes one of the three nominees. “If I do vote for a Democrat, it would be Dede Smith, because I think she represents an open mind and progressive wing of the Democratic Party,” he said.

According to the latest financial filings, Democrat Kathy Galvin has raised the most money, $12,263, closely followed by Smith with $10,278 and Incumbent Satyendra Huja with $8,589. Collins leads the Independent pack with the most money raised, $1,251, followed by Bob Fenwick with $928, Scott Bandy with $480 and Williams, in last, with $130.
 

Halsey Minor hires new developer, vows to finish Landmark Hotel

Halsey Minor, owner of the Landmark Hotel on the Downtown Mall, has hired a new developer to finish what he started more than four years ago.

The chosen man is Tim Dixon, who was recently named Hotelier of the Year by the Boutique & Lifestyle Lodging Association, and whose Iron Horse Hotel in Milwaukee was named Boutique Hotel of the Year for the second consecutive year.

“Tim and I think exactly alike,” said Minor in an interview. “When I walked into his hotel, I already knew that he was the guy." He says that he and Dixon share a vision of how a hotel should function: "Basically, what he believes, and what I believe and what is the core of everything that he does, is that a hotel experience tells a story and it has to be a part of the community."

Since construction halted on the Landmark Hotel, Minor has spent a fair deal of his time in court. Minor’s company, Minor Family Hotels LLC, won $4.2 million in damages and $2.2 in legal fees from the Landmark’s former developer, Lee Danielson, after an arbitration hearing favored Minor. Last September, Minor filed for Chapter 11 bankruptcy protection to consolidate multiple hotel lawsuits into a single venue. According to Richard Maxwell, Minor’s attorney, a judge in federal bankruptcy court gave Minor until January 13 to submit a reorganization plan to keep his hotel plans alive.

More after the photo. 

The Landmark Hotel sits half-built on the Downtown Mall.

According to Maxwell, Dixon testified before the bankruptcy court about the development of his own boutique hotel in Milwaukee, about the current state of the industry and his vision for the Landmark. “He testified that he would be able to have a plan by January 13 and secure financing by that time,” said Maxwell.

The Landmark Hotel has sat unfinished and exposed to the elements since 2008. Minor, however, doesn’t seem worried.

“As it turns out, the actual building itself is in perfect condition,” he said. “We went in and a lot of people have wondered, including us, have there been problems? It’s concrete, some exposed, and even the air conditioners are designed to be exposed.”

Minor said Dixon might change the hotel’s layout to be more in line with his aesthetic, but the last major hurdle is securing financing.

“The problem from a financing standpoint is that most of the financing is going to buying bankrupt hotels for less money. There is very little money going to ground-up [hotels],” he said. Minor added that with the combination of the money he will put in, Dixon’s reputation and background and the minimal amount of debt needed to finish the hotel, “it’s our hope that one of the Charlottesville banks would step up and, for what is a pretty low risk opportunity, get some very good publicity from the community for helping to finish this thing."

Meanwhile, the bank that originally financed the Landmank Hotel, Atlanta-based Silverton Bank, has run into problems of its own. Last month, the Federal Deposit Insurance Corporation (FDIC) filed a $71 million lawsuit against Silverton in order to minimize its losses after the bank was taken over by the FDIC in 2009.

In the suit, the FDIC argues that Silverton’s officials spent millions on lavish retreats and a corporate jet. Specialty Finance Group (SFG), a subsidiary of Silverton Bank, gave Minor a $23.6 million construction loan in 2008 and later filed a lawsuit against him for defaulting on $10.5 million on that loan.

“I may have to fight the FDIC for the rest of my life, because I will not pay a dollar to a bank that blew itself up because it was irresponsible in the way that it manages money. I just won’t,” said Minor, who said he owns the Landmark and “claimed title to it.” 

A call to an FDIC spokesperson for comment was not immediately returned.

Minor’s legal issues are far from over, but he is confident the Landmark will be finished, although it’s too early to say when.

“I honestly think [Dixon] will create in Charlottesville one of the top 25 boutique hotels in the country,” said Minor, who wants the community to be part of the hotel.
“That was my whole thing. If people are coming to Charlottesville, they are going to call and ask where to stay and getting recommendations from people in town is really important.”

For the history of the Landmark Hotel, click here

 

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Outside the lunchbox

 With Newcomb Hall undergoing an $18 million renovation, UVA Dining Services came up with a student meal solution that falls decidedly outside of the lunchbox. Beginning this fall, on weekdays from 11am to 2pm, six trucks with names like Steak Me Home Tonight, Got Dumplings? and Nacho Panda—park around the UVA Amphitheater to offer students a variety of foods, from Asian-style dumplings to homemade doughnuts.

The food truck phenomenon that has taken over the country has descended upon UVA. With six trucks to choose from, students say the new food experience is “convenient” and “cool.”

“We looked at other ways of building capacity at lunch time when we need to feed so many students,” said Brent Beringer, UVA Dining Services director.  “It seemed to be a good fit, and it was something that we wanted to try anyway.”

Beringer said food trucks have become familiar thanks to heavy media coverage—take, for instance, “The Great Food Truck Race.” Beringer said UVA could have installed a temporary facility to deal with the Newcomb renovation, but instead opted to offer meals on wheels.

“It’s just on the forefront,” he said. “It’s new, it’s exciting and it feels fresh to students.”

Judging by the scene on a recent afternoon, the students like their options. About 25 people stood in line for a taste of the popular Got Dumplings? menu—chicken curry pork or shrimp and chives dumplings. Sophomore Nicholas Williams, who ordered a Korean BBQ quesadilla, said having food trucks is not only “innovative” and “convenient,” but also a lesson in personal finance. 

“It teaches [students] to balance their money and it gives them a different feel of food,” he said. Sophomore and food truck newbie Britton Vermaaten, who settled on a BBQ hot dog and a Dr. Pepper from Steak Me Home Tonight, said the trucks “add a lot of diversity to the food choices” at UVA and “they are pretty well priced.” 

If the options give UVA students a bit more convenience, they pose a new challenge to the cooks. Joseph Mills, owner of Last Call Dogs and co-owner of Nacho Panda, said his team has had to refocus its strategy to offer quicker, more efficient service.

Paying for food truck meals has also gotten quicker. Beringer said all trucks are now part of the University Meal Plan, and accept “Plus Dollars,” which students can use for University meal options outside of the dining halls. “That’s a benefit to [the food trucks], and in return they pay a commission to the University,” said Beringer.

Although Beringer said vendor agreements would not allow him to share financial information, he said sales have already exceeded expectations in just a few weeks.

“There are lines out there every day.”  

Mills, who opened Last Call Dogs in 2008, said he is interested in expanding and bringing in more diverse food choices. “We are excited to be on the leading edge of it, and we look forward to getting bigger and better in the future,” he said. 

As for the future of food trucks at UVA, Beringer said it will depend on whether students still find them exciting a year from now, and whether this “kind of commercial activity that happens so close to the Lawn,” fits the school’s long-term vision. However, Beringer said additional local vendors have expressed interest in joining the program. 

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Moving or staying?

A U.S. District Judge will soon decide whether a lawsuit brought by five homeless men against the City of Charlottesville over its soliciting ordinance can move forward. But for Jeffrey Fogel, the attorney representing the men, moving the case to the next stage could turn out to be an uphill battle. After hearing arguments from both sides, Judge Norman K. Moon seemed skeptical that the ordinance violates or restricts the rights of the plaintiffs. 

In the lawsuit against the city, five homeless men, including Michael Sloan (pictured), claim the city’s soliciting ordinance violates their consitutional rights. District Judge Norman Moon heard pretrial arguments and will decide whether to move the suit forward. 

“Is it a real hardship on these people?” he asked Fogel, after the attorney made his case. 

“It’s a real hardship on the First Amendment, Your Honor,” said Fogel. 

The lawsuit, filed in June, claims that the soliciting ordinance approved by City Council in August 2010 violates both the First and Fourteenth Amendments. 

The city’s ordinance restricts soliciting, formerly known as panhandling, within 15′ of a bank or ATM machine during business hours; on private property, within 50’ in any direction of the two vehicular crossings on the Mall, at Second and Fourth streets; and “from or to” any individual seated at an outdoor café or doing business at a vendor table. 

The ordinance also restricts “aggressive” panhandling, which the lawsuit doesn’t challenge. In fact, Fogel told reporters that the difference between passive and aggressive panhandling is “the crux of this case.” 

“If I go up and I ask a friend of mine for a glass of water, it’s a crime in Charlottesville to do that from somebody seated at an outdoor café,” he said. “The police may not enforce the law that way, but that’s exactly what the law says.” 

Judge Moon reminded Fogel that soliciting was still possible on the Mall and said that the suit tended to “trivialize” the First Amendment. 

“I was a little disturbed by that because there are many things that one could say trivialize the First Amendment,” Fogel told reporters after the hearing. “Things may seem trivial to some people and may be important to others, but most importantly you must have a zone of protection around the First Amendment.” 

Richard Milnor, an attorney representing the city, argued that the restrictions in the ordinance do not regulate free speech, but rather, they are regulations that affect a place. He also said it applies to all types of soliciting—by the plaintiffs, Salvation Army kettle ringers or others. 

While the legal fight is in the hands of Judge Moon, Downtown Mall business owners continue to assess the effectiveness of the panhandling ordinance. Tony LaBua, owner of Chaps Ice Cream, said the restrictions have not worked and things have gotten worse. 

“Since the onset of the lawsuit, there appears to be more panhandling [on the Downtown Mall],” he said. “I don’t know why the city allows it.”  

During a recent family vacation, LaBua said he saw solicitors carrying a permit. “What a great idea,” he said. Because Charlottesville has become “homeless friendly,” he said—and homeless people “come from all over the country”—the city’s image can be damaged. 

But enforcing the ordinance has not been a challenge for city police, and Lt. Ronnie Roberts said he couldn’t “say to a degree there has been an increase” in panhandlers on the Downtown Mall. Even complaints didn’t rise.

“The biggest thing that you hear from some of the people is that they don’t want to be bothered by them,” said Roberts.  

Should Judge Moon find that the plaintiffs, who were not present in court, do not have standing, Fogel said he will “make a motion to amend the complaint to be more specific.” If the case moves forward as is, Fogel said he expects his clients to be present and to testify.