Author: meg-mcevoy

Former UVA employee Dena Bowers has filed a lawsuit in Charlottesville Circuit Court against the University of Virginia and several staff members for her firing last November. The suit, filed June 19, alleges Bowers’ firing was done without proper notice and violated her free speech rights.
    In October 2005, Bowers, who is active with the NAACP, sent an e-mail to a friend, Katherine Hoffman, also a UVA employee and NAACP member. Bowers used her University e-mail account to send NAACP documents that were critical of the University’s so-called “charter initiative.” When it takes effect July 1, the initiative will give UVA increased autonomy from the State. Hoffman forwarded the e-mail, and it was later forwarded by another employee to the entire classified staff of UVA’s College of Arts and Sciences.
    Bowers, a 17-year employee, was questioned by Yoke San Reynolds, UVA’s chief financial officer, and her supervisors in the human resources department, Nat Scurry and Lucinda Childs-White. All three are named in the suit. Bowers was fired November 22, the suit states, after she refused to answer questions about the source of the NAACP information. UVA also wanted Bowers to say that she had not sent the information in her official capacity with the University, but had distributed it personally, other media sources have reported.
    The suit also names University Vice President Leonard Sandridge for his supervisory role in her firing.
    Bowers’ attorney, Deborah Wyatt, sums up the suit thusly: “Shame on them. You’re a prestigious university, you know the First Amendment. You’re in Charlottesville. Don’t do things like that.”
    The suit claims that Bowers violated no e-mail policy, and that Bowers had a right to express her personal views through e-mail. Bowers is seeking $750,000 in compensatory damages and $250,000 in punitive damages.
    Wyatt says UVA will probably fight the suit. “Never say never, but often when you have an infinite pocket, there doesn’t seem to be the same incentive to settle as private people have,” she says.
    Wyatt says UVA knew that the suit was coming. In late November, about 75 University and community members who believed that Bowers was targeted for her position against the charter plan rallied in her support. Many at that time suggested a lawsuit was to come.
    The suit is currently being processed, and papers have not yet been served to the University. UVA representatives did not return calls by press time.

The defense for Ingo shooter Robert Lee Cooke made last-ditch attempts to lighten Cooke’s sentence at a hearing last week. Robert Lee Cooke was found guilty in April of shooting Ingo, a K-9 officer, while fleeing a burglary scene on October 24, 2004. He was paralyzed from the waist down when he was shot by Ingo’s handler, Albemarle County Police officer Andy Gluba. Ingo had to be euthanized due to his injuries.
The County estimated that the highly-trained Ingo was worth $5,000. But Cooke’s attorneys, Dana Slater and Janice Redinger, argued that since the outpouring of public support for Ingo had netted the police department $30,000, restitution had already been made. Albemarle Commonwealth’s Attorney Jim Camblos called their argument “absurd.”
The defense also argued that Cooke’s concurrent sentences—five years for possession of a firearm and seven for shooting the dog—were too long, given Cooke’s paralysis. Camblos maintained that the jury had seen Cooke in his wheelchair and was well aware of his injuries.
Over a dozen relatives and friends turned out to show their support for Cooke. His wife gave an emotional statement, saying she wanted Cooke home to be with their 6-year-old daughter and second child, who is due in November.
In his statement, Cooke said, “When I think about the past, I realize I am lucky to be alive.” He apologized to the Albemarle Police Department, but said “I do feel I’ve been punished already… I’ve lost half my body.” Judge James Luke overruled all of defense’s arguments, but did suspend Cooke’s sentence by two years. He will serve 10 years in prison, and is eligible for parole after eight and a half.—Meg McEvoy

The next chapter in a local development saga unfolded last week, when the Little High Area Neighborhood Association (LHANA) sued Region Ten, a mental health support agency, to obtain documents. LHANA was specifically looking for correspondence between Region Ten and City officials, documents which LHANA hopes will support its position that a housing community for the mentally disabled requires public debate and a Planning Commission review.
LHANA has been clamoring about the project, called “The Mews,” since the apartment complex on the 1100 block of Little High Street was sold to Region Ten in August, 2005. LHANA objects to the planning of the project and says Region Ten hasn’t been forthcoming about the details of the project, expected to house about 40 Region Ten clients.
The Virginia Freedom of Information Act (FOIA) allows the public access to any documents that are held by public bodies. LHANA requested all documents related to “The Mews” on May 10, and again on May 22. Under FOIA, Region Ten had five business days to fulfill the request. But when LHANA President Mark Haskins received no response, he called, finally getting an assistant, who “told us if we heard anything it would be from their attorney,” he says.
Caruso Brown, interim executive director for Region Ten (and the agency’s third since the controversy began), says his agency was late because they are inexperienced in dealing with FOIA requests. He says his assistant referred Haskins to their attorney because she didn’t feel comfortable speaking on behalf of the organization. “There was no malice and no intent to not respond timely,” Brown says.
Last Friday, a judge found Region Ten to be in violation of FOIA, but they were found to have no willful intent and were not fined. Region Ten has since provided LHANA with heaps of documents. If LHANA is satisfied, no further hearings will be necessary. Otherwise it’s back to court June 30.—Meg McEvoy

The Cavalier Daily has been the champion of student journalism, self-governance and free speech at UVA since, like, a long time ago. And yet, with all of that under their grosgrain belts, they still find time to dabble in a little constitutional law. Amazing!
By now you’ve probably heard that The Cavalier Daily is teaming up with Virginia Tech’s Collegiate Times to file a joint lawsuit against Virginia’s Alcoholic Beverage Control. They say a law restricting alcohol advertising in college papers is unconstitutional and is costing them ad revenue.
Ellen Biltz, editor of the Collegiate Times, has emphasized that the lawsuit isn’t about advertising losses, it’s about free speech.
The Cavalier Daily says a lack of alcohol branding and heavily restricted descriptive language is hurting their ability to compete in the market. The suit states, “The same businesses that are completely prohibited from placing advertisements for alcoholic beverages in The Cavalier Daily are able to advertise in competing non-student newspapers such as the C-VILLE Weekly.” (Who, us?)
It’s true, we can print brand advertising—and we get to use a few more, um, descriptive phrases like “Polynesian drinks” and “spirits.” But our alcohol ads are no free-for-all, either.
So until the newspapers sort it out for the good of all mankind (or at least senior frat dwellers), here’s a handy guide to brand-name drink specials on the Corner.
Baja Bean Co.’s got Happy Hour every day from 3pm to 9pm, with Gold (that’s Cuervo Gold) Margaritas and Pabst Blue Ribbon for $2.
The guys at O’Neill’s were super-skittish about telling us their drink specials, due to ABC superstitions, but we do have it on good authority that there’s $1 Rolling Rock on Wednesdays.
Coupe DeVille’s has Budweiser for $1.50 Mondays-Wednesdays, and $3.75 pitchers (usually PBR or Keystone Light) on Thursdays.
Buddhist Biker Bar‘s got $1 PBR on Mondays to go with their tasty $5 burger special. Thursdays they’ve got Sol for $2.
The old chaps at The Virginian offer $5 Bud Light and PBR pitchers, and $4 top shelf bourbon (like Maker’s Mark and Wild Turkey) every day from 5pm to 7pm. They’ve also got $3 Jack-and-Cokes on Mondays, $5 Jager(meister) bombs on Wednesdays, $4 Red Bull-and-vodkas on Fridays and $2 Blue Moon on Saturdays. Whew!
There, that should be enough to tide you over until freedom is restored.—Meg McEvoy, with reporting by Mary Ashton Burgh

A UVA class has released the first study of our local food system, which could help address problems like diabetes, obesity, heart disease and hunger in our neighborhoods. The class, called “Community Food Systems,” was offered last spring in the Architecture School’s department of urban and environmental planning, and had students participate in every aspect of a project that gathered data about the region’s “food shed.”
UVA professor Tim Beatley, one of the course’s instructors, says that, while Charlottesville is a progressive community, we’re not in the top five nationally for local, in-season eating (leaders include Madison, Wisconsin, and West Coast communities). “Food miles are increasing,” Beatley says. “There’s already a disconnect between where food is grown and where it is consumed…we’re sending lots of our income outside our city and region.”
Students in the course studied grocery store locations, transportation and food prices to learn more about the food system. The study’s findings were presented at a public meeting at City Hall on May 8, and dozens turned out to a meeting last week to discuss forming a community action group. The findings are also available on the Thomas Jefferson Planning District Commission’s website (www.tjpdc.org).
The study comes at a time when more people are concerned about what they eat, and where it comes from. At “Farm Food Voices,” a Virginia Independent Consumers and Farmers Association (VICFA) meeting at Western Albemarle High School last week, 300 farmers, producers, community members and activists gathered for expert talks on farmer’s markets, locally pastured meats and family cooking.
Beatley says the study’s reach will be wide: “Every person in every city in every place in the country ought to be able to buy very healthy, locally grown sustainable food at a reasonable price.”—Meg McEvoy

From the get-go, it was clear that last week’s Albemarle County School Board meeting would revolve around a single topic: alcohol, kids, and what schools can do when those two volatile compounds mix off-campus.
In the wake of 17-year-old Nolan Jenkins’ death, the board was left wondering what more can be done about students’ extracurricular behaviors.
State law already requires that juvenile felonies be reported to schools. The board may now decide to ask the State to include underage drinking in the list of reportable crimes. This would allow police to legally report minors (and there are scads to report: cops ticketed 11 teens for drinking at the party preceding Jenkins’ death, 16 at a recent post-prom bonfire party in Crozet, and at least three others since then).
Deputy County Attorney Mark Trank says schools can also discipline off-campus behavior that has “material or general detrimental effect on the operation or general welfare of the school.” Other school districts, including Charlottesville, have clear policies on these offenses, Trank says.
Also at issue is whether student athletes are subject to a higher standard than other students. Albemarle student-athletes and their parents sign a pledge not to drink or use drugs during the season, upon threat of a 30-day athletic suspension.
Currently the pledge extends only to student athletes. Board members were divided on whether to extend the pledges to all students, or to abolish them altogether.
School Board members also questioned how far to extend a school’s “in loco parentis” role. Board member Steve Koleszar said, “When they’re not under our care, then it’s the parents’ job to be parents.”
The board also may enlist the help of the Board of Supervisors, which is also divided. At a meeting earlier last week, Supervisor David Slutsky said the board should be “proactive” and offered to do “whatever we can do to help.” However, Supervisor Dennis Rooker said allowing schools to punish students’ out-of-school behavior raises the question, “How far down that road do you go?”—Meg McEvoy

A late-night party at Panda Garden on Emmet Street this weekend led to a series of shootings that injured two and sprayed a home with bullets, according to media reports.
Police received calls just after 1am Saturday about gunshots in the parking lot of the Chinese restaurant. When police arrived, Sgt. Stephen Upman said, people were fleeing in their cars, and one van had its window shot out, according to The Daily Progress.
A 20-year-old Charlottesville man show-ed up later at UVA Hospital with a leg wound. He said he had been at the party when an argument broke out in the parking lot.
The shootings moved on to Gordon Avenue between 11th and 12th streets, where about 20 minutes later a 19-year-old Charlottesville man was shot in his right middle finger. He said he started running when he heard six or seven shots fired. About a block away, Jayme Crawford’s house was shot at least three times, and her car took one bullet.
Neither could say who fired the shots, since Crawford did not leave her house and the 19-year-old fled, according to media reports.
Clerks at the Econo Lodge next to Panda Garden told the Progress that some guests checked out or wanted refunds after they heard as many as nine shots.
Police had not independently confirmed these reports by press time.—Meg McEvoy