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City Council talks budget and everything road-related

At its penultimate meeting of 2024, Charlottesville City Council received its second budget briefing from City Manager Sam Sanders. In addition to the budget, the December 2 session focused on everything transportation—including the Virginia Department of Transportation portfolio, parking rules, and scooters.

In his briefing, Sanders outlined and affirmed council’s housing and infrastructure priorities for what’s expected to be a jam-packed budget.

Under housing, top items included the land bank, tax abatement programs, and the city’s commitment to housing accessibility. 

Earlier this fall, $500,000 in funds previously allocated for the land bank, which aims to help with the area’s affordable housing crisis, were shifted to the purchase of Carlton Mobile Home Park, leaving the fund empty. Sanders proposed a $12 million investment in affordable housing for FY25, part of the city’s 10-year, $100 million commitment.

Sanders also emphasized the importance of funding work on the city’s long-overdue Americans with Disabilities Act transition.

“We’ve added a $2 million a year commitment. … I am not convinced that that’s enough to really, really demonstrate best effort. … The ADA is law, therefore it’s not optional,” said Sanders. “Let’s check our work and make sure … we’re getting these things done, and we’re checking things off the list. … Our prior transition, I can’t say that we did that.”

Under a Department of Justice settlement, Charlottesville would need to sideline or substantially reduce its spending on other priorities to quickly improve ADA compliance.

Transportation and accessibility were the focus of the council’s 6:30pm session, starting with a review and extension of the city’s permit agreement with micromobility company Veo.

As the only e-scooter and e-bike company permitted in the city, Veo has almost 7,000 users in Charlottesville and more than 250,000 rides annually. Over the past year, the city has worked with Veo to address persistent parking problems. Changes include more proactive issuance of violations and fines by Veo, the creation of recommended and mandatory parking zones, and added education and speed restrictions for new users.

Despite pressure from some constituents to eliminate scooters and e-bikes, council expressed support for extending Veo’s permit.

Council also decided to push back its vote updating the city’s parking rules after a contentious discussion and confusion over the legal definition of the word “truck.” Changes in the proposed ordinance include a ban on covering a vehicle’s identifying information with a tarp and a prohibition on street parking of vehicles with more than two wheels per axle.

In addition, councilors voted to right-size the city’s VDOT portfolio, canceling two projects and reducing the scope of others.

“We did not arrive at this conclusion very easily. This is not without a lack of consideration,” said Sanders. “It’s fair for people to be disappointed that we had to make changes. It is fair to be angry that we’re canceling projects.”

Though councilors inquired about potential ways to save the scrapped projects on Emmet Street and Fifth and Ridge streets, Sanders and Deputy City Manager for Operations James Freas said there is no wiggle room.

“While we have a very close working relationship with VDOT, VDOT has made it clear that this is the deal,” said Freas.

“VDOT district office has gone to bat for us, and secured the ability for some flexibility in the movement of money that is unheard of. … That gives us the best possibility for us delivering on what remains of our portfolio,” said Sanders.

One topic that was not addressed by City Council was the allocation of remaining American Rescue Plan funds.

In 2021, Charlottesville received $10,428,843 in ARP funding. On top of interest generated by the money, the city still has more than $3 million to allocate before the end of the year. Council’s last opportunity to appropriate the funds is on December 16, during its final meeting of the year.

“This is the last allocation, so everything else has been reviewed previously and presented,” Sanders told C-VILLE after the meeting. “This is just a cleanup action for what the remaining balance is.”

According to the city manager, decisions are still being finalized, but funds will likely go to projects supporting the unhoused.

“We recognize that when the federal government made the funding available, it was, ‘Let’s do what you can to [overcome] the impacts of COVID, but also do something significant in your community,’” said Sanders. “Addressing homelessness is a top priority.”

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Hoos once again fall short in Commonwealth Cup

The University of Virginia football season came to an ignominious end November 30, when the team lost 17-37 in the Commonwealth Cup game against Virginia Tech at Lane Stadium. UVA has now ceded the cup to Virginia Tech in 19 of the last 20 matchups  (UVA’s victory came in 2019 at home in Scott Stadium).

But the bigger storyline is that both teams entered the night in line to become bowl eligible. Over the last few years the NCAA has become more lax with bowl eligibility requirements in reaction to the growth and popularity of college football, meaning far more “bowl” games have come into existence. Still, the achievement of bowl eligibility is seen as a milestone.

Bowl eligibility not only means the obvious—a potential invitation to a postseason matchup—but also brings a higher expected standard of play and a new level of respect to a program as a whole. Recruits who may have previously been out of reach may now be a possibility, and a team also has a chance to show its stuff (so to speak) to the nation, helping to draw additional recruiting interest. Despite the disappointing end to their season, the Hoos have made strides from the previous two seasons under Head Coach Tony Elliott. However, without maintaining a winning (or at least even) record, and eventually achieving bowl eligibility, any progress the program has begun to enjoy may stagnate.

Speaking of stagnation (and not to be totally doom and gloom here), some important things are happening this off-season for the Hoos. First, second-year quarterback Anthony Colandrea has officially announced that he will enter the transfer portal on December 9, as many had already suspected. Additionally, Tony Muskett, who started at QB in 2023 before being replaced by Colandrea for much of the 2024 season, will become ineligible to play for the team after finishing the season as a fifth-year senior. His absence leaves UVA with no quarterback on the roster with many college snaps under his belt (backup QB Gavin Frakes started five games for New Mexico State in 2022 before transferring to UVA). That’s a big problem, one that will likely need to be addressed via the transfer portal in the offseason.

Another issue: A large number of current UVA football players are either seniors or grad students. This includes standouts like wide receiver Malachi Fields, who led the team in receptions and receiving yards, the excellent safety duo of Jonas Sanker (whose praises I’ve been singing all season long) and Corey Thomas Jr., as well as much of the current offensive and defensive lines. In addition to the losses from graduation, I also expect a handful of underclassmen to opt into the transfer portal in the coming week. This leaves Elliott with a potential turnover of 40 to 50 players going into the 2025-2026 season. 

On the bright side, Fields, Sanker, Thomas Jr., and others made their way to UVA and improved it over the past few years. And they did it in a program that was in far worse shape than it is now. Who’s to say that there aren’t a few new gems coming the Hoos’ way this offseason? No matter what happens, Elliott, Offensive Coordinator Des Kitchings, and Defensive Coordinator John Rudzinski will need to put the new pieces together and keep things moving in the right direction.

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UVA Foundation moving forward with North Fork residential development

When the University of Virginia Foundation purchased hundreds of acres of land by the Charlottesville Regional Airport in 1986, the intent at the time was to create a research park to support business and commerce. 

Decades later, the foundation is prepared to turn a section of the 562-acre site into a place where hundreds of people can live, and has issued a request for interested developers to submit their qualifications. Earlier this year, the Albemarle Board of Supervisors approved a rezoning allowing for homes to be built there.

“The residential program’s updated Master Plan will create housing for those working in North Fork, adjacent properties, and the broader community,” reads the request for qualifications.

In all, up to 1,400 homes can be built at North Fork, but this particular phase would involve up to 600 units. The RFQ calls for a mixture of market-rate, workforce housing, and affordable units, with the latter defined as being at prices at 80 percent of the area median income. 

“The goal is to offer mixed-income housing opportunities that support live/work/play environments at North Fork, while addressing the area’s housing needs,” says Fred Missel, the foundation’s director of development. 

North Fork is one of three locations where both UVA and the Foundation seek to provide income-restricted housing as part of an initiative called for by a committee UVA President Jim Ryan formed soon after he took office in 2018. 

An exact breakdown of income levels for the 600 units is not required in the RFQ, but the document does say “an optimal number of affordable units guided by best practices for successful mixed-income communities that support community and economic development initiatives.”

Missel says the Foundation hopes to identify a developer who would build something unique to Albemarle. 

“Qualified development teams will be expected to present a vision that incorporates elements of sustainability, resilience, superior community design, economic development, and affordability, tailored to create a unique community that stands out in the area,” Missel says. 

North Fork is in the Hollymead neighborhood as classified by Albemarle County, and the 1,400 units allowed under the recent rezoning are among the 5,221 approved but not yet built, according to the county’s development dashboard. Just over 1,000 units are under review in this area, including an additional 655 at North Pointe. 

While there is no date for construction in the RFQ, UVA’s website on the affordable housing initiative estimates it will happen in the spring of 2027.

Missel says there is no specific date at this time, but the zoning is now in place and the Foundation has made investments to prepare for the additional residents. To support the county’s infrastructure, the Foundation spent $6 million in 2020 to connect Lewis and Clark Drive to Airport Road. Eventually, that roadway will connect with Berkmar Drive, creating a parallel road to U.S. 29. That’s a core principle of the Places29 Master Plan adopted by county supervisors in February 2011. 

UVA has previously selected a nonprofit entity called Preservation of Affordable Housing to develop a two-acre site at 10th and Wertland streets, and that project is listed as going to construction in the summer of 2026. The Piedmont Housing Alliance was selected to develop a 12-acre Fontaine Avenue site, expected to move dirt sometime in 2027.

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In brief 11/27/2024

Big RIIG

A cybersecurity and risk intelligence firm founded by former Republican congressman Denver Riggleman recently secured $3 million in seed funding. His company, Riggleman Information and Intelligence Group, said in a November 19 press release that the money will go toward the launch of AI solutions and expanding its workforce and client support.

RIIG specializes in open-source intelligence, using AI technology to offer security and risk management for organizations across government and business sectors. In an evolving cybersecurity landscape, the firm boasts access to 17 intel agencies and collaborations with commercial and academic partners.

Funding was led by the Felton Group, a family office of Charlottesville-based hedge fund manager Jaffray Woodriff. 

“RIIG applauds the support of Felton Group and their appreciation of the vision laid out for advanced AI, cyber threat identification and analysis products set for delivery in 2025,” Riggleman said in the release. 

For Riggleman, the firm represents a return to his business and technology roots. He co-founded a contracting company in 2007 that supported the intelligence community and Department of Defense programs.

The Felton Group invested earlier this year in two other companies with local ties—Caju AI, a platform offering customer engagement solutions, and DoorList, an event-management application. Woodriff, a University of Virginia alum, donated $120 million to establish the university’s School of Data Science in 2019.

Welcome Home (Depot)

Supplied image.

An increasing number of shopping centers have struggled over the last
two decades, creating a “dead mall” phenomenon across the U.S. Charlottesville’s  Fashion Square is no exception, and is trying to buck the trend—starting with a Home Depot set to open in summer 2025.

The home-improvement retailer announced plans for a July 2025 opening following the purchase of the shuttered Sears in September 2022. The new store will create more than 100 jobs, according to Albemarle County, and marks the first Home Depot in the area.

Although foot traffic has declined, Fashion Square sits at the busy intersection of U.S. 29 and Rio Road. Home Depot has agreed to support the county in its Rio29 plan to create a mixed-use, walkable hub at the site. In addition to the former Sears location, Home Depot purchased much of the remaining spaces in the mall for a total investment of more than $26 million.

“This public-private partnership jumpstarts the first development with speed, cleans up environmental contamination present at the site, and significantly contributes to transportation connectivity through the Rio29 area,” Albemarle County Board of Supervisors Chair Jim Andrews said during an August meeting.

Self improvement

Diving back into the headlines, UVA swimmer Gretchen Walsh bested her own American record with a time of 47.35 seconds in the women’s short course 100 butterfly at the Tennessee Invitational on November 21. An Olympic medalist, Walsh made waves earlier this year when she set the world record in the long course 100-meter fly during the U.S. Olympic trials semi-finals. She won four gold and two silver medals at the Paris Olympics, where she competed on Team USA alongside her sister Alex, also a UVA student-athlete. UVA second year and fellow Olympic medalist Claire Curzan set another American record on the last day of the meet, with a time of 1:46.87 in the 200-meter backstroke.

Location TBD

The Salvation Army is looking for a new spot for its thrift store ahead of the anticipated conversion about turning the site into a low-barrier shelter, according to a November 20 Charlottesville Tomorrow article. The creation of a low-barrier, year-round shelter has long been a top priority for city and local nonprofit leaders amid a rising unhoused and housing insecure population. Work on the shelter could begin as early as next year.

Zones of interest

In a bonus newsletter released November 21, Charlottesville City Schools shared updates about its ongoing elementary rezoning project, including the extension of the feedback period through the end of 2024. More information about potential phasing of the rezoning will be available once the community advisory committee reaches a final recommendation, according to Superintendent Royal Gurley.

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Plea agreement reached in 2022 shooting on UVA Grounds

Less than two months before the start of his trial, Christopher Darnell Jones Jr. pleaded guilty to three counts of first-degree murder and seven additional charges in connection with the November 13, 2022, fatal shooting of three University of Virginia student-athletes on Grounds. New details of the incident emerged during the November 20 hearing at Albemarle County Circuit Court.

As part of the plea agreement, aggravated murder charges—which carry a mandatory sentence of life without parole—for the deaths of Devin Chandler, Lavel Davis Jr., and D’Sean Perry have been dropped. 

In Virginia, first-degree murder is a class 2 felony, with a sentencing range of 20 years to life imprisonment. While Jones also pleaded guilty to two counts of malicious wounding and five firearms charges, the commonwealth declined to prosecute those seven charges at this time.

The UVA and Charlottesville communities continue to process the information revealed during the plea hearing.

According to a proffer filed by the state, Jones was “excited and happy when he arrived at the bus,” but his mood “turned irritable after the football players arrived.”

There is no indication that Jones knew any of the victims prior to November 13, 2022. While he was briefly on the UVA football roster, his time on the team did not coincide with Chandler, Davis, Perry, or Mike Hollins, who was injured in the shooting.

Most of the people on the bus were current or former students in a theater class on its way to Washington, D.C., to see The Ballad of Emmett Till, but Jones and three other students, who were enrolled in a seminar with the same professor, were invited because there was extra space.

During the ride to D.C., Jones sat alone and texted family members, including a “cryptic message that something might happen today,” sent to his younger brother. He also sat alone at the performance.

The group of students reboarded the bus around 7:30pm to return to Grounds. Witness accounts describe the mood as “jovial,” with people chatting and Chandler playing music over the bus speakers.

Several survivors recall Jones sitting alone and “frequently looking towards the back of the bus.” Earlier in the trip back to Charlottesville he “accused another student of staring at him, but that student chose not to engage with him,” according to the filing. Another student heard Jones speaking to himself, saying things like, “I’m sorry if I offended you. I didn’t mean to offend you,” “I’ve been through so much in my life,” and “I don’t have any weapons.”

Around 8:19pm, Jones texted an adult mentor and told him to contact a criminal defense attorney who had previously represented Jones. He then wrote, “This entire trip these boys been fcking wit me… tonight I’m either going to hell or jail. I’m sorry.”

The mentor asked Jones to call him, and for his location. Rather than respond, Jones said people were “talkin about killin” and he asked the mentor to “Just tell my story. I was a good guy I never meant or initiated any harm to anyone.”

At 8:36pm, Jones sent his last message: “They not getting off this bus.”

Sitting in front of Jones, Marlee Morgan was seated next to Davis, who called his aunt to talk about the play. Perry called his mom to share his “excitement over seeing his first live play.” Chandler slept.

As the bus approached Culbreth Parking Garage two hours later, students were mostly sleeping and doing homework, with some scattered conversations. Jones and Davis briefly talked about video games.

Jones abruptly said, “Y’all been fucking with me all day,” and shot Davis “through the gap in the seats.” As other students reacted to the sound, Jones and Davis struggled in the aisle of the bus. Jones stood over Davis and shot him in the back of the head after he collapsed. Morgan was shot in the right hip during the struggle.

After shooting Davis, Jones “stalked towards the back of the bus … methodically checked each seat until he reached the back of the bus where [Perry] and [Chandler] were.” He shoved over a female student crouching by Perry, then shot Perry once.

Chandler, who had noise-canceling headphones on, was still asleep when he was shot.

While fleeing the bus, Jones passed the professor, who was trying to evacuate students, and then fell out of the bus to the ground.

Hollins and another football player had been sitting at the front of the bus and already evacuated. When Hollins realized there were still people on the bus, he went back toward the doors. As he approached, Jones exited the bus with a gun in hand. Jones shot Hollins in the back as he ran toward the parking garage for cover.

Police were on scene within minutes of the first 911 calls at 10:16pm. All three victims died from gunshot wounds to the head.

UVA went into lockdown as Jones ran through Grounds toward his car, which was parked at Scott Stadium. He tossed evidence, including a firearm, as he ran. He was arrested the next day in Henrico County.

After the shooting, police found two additional firearms—a semi-automatic pistol and a Ruger AR-15 semi-automatic rifle—in Jones’ dorm.

Though the commonwealth’s proffer offers more insights into the shooting than was previously known, UVA refuses to release the attorney general’s independent report of the incident.

In an emailed statement, UVA Deputy Spokesperson Bethanie Glover told C-VILLE, “The University’s position hasn’t changed, we are committed to release the reports at the conclusion of the criminal proceedings, which will end with sentencing.”

Jones waived his right to appeal and admitted guilt as part of the agreement, but sentencing has been left to the discretion of Judge Cheryl Higgins. Sentencing has been set for February 4 through February 7, 2025, with a pre-sentencing report scheduled for 9:30am the first day.

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UVA launches new institute in collaboration with the Director of National Intelligence

University of Virginia and intelligence community leaders celebrated the official launch of the National Security Data and Policy Institute on November 21. The institute is a collaboration between the Office of the Director of National Intelligence and UVA.

“My belief is that this institute also fits squarely within UVA’s longstanding condition of public service,” said university President Jim Ryan at the event, which was held at the Rotunda. “Even if Thomas Jefferson would never have imagined artificial intelligence or a field called cyber security, I believe he would have been thrilled to learn that the university he founded would play a role in protecting the freedom and safety of American citizens from new kinds of threats and challenges.”

Funded through a two-year, $20 million contract, NSDPI is the realization of a joint effort by Director of National Intelligence Avril Haines and Virginia Sen. Mark Warner, chair of the Senate Intelligence Committee.

“We all recognize the growing importance of data in our world, and it is nowhere more important than in the intelligence community,” said Haines. “Data and our ability to manage it properly is fundamental to our work and to maintaining an advantage in an increasingly complex and interconnected global security environment, and increasingly important to our competitive edge in that environment.”

While figures vary, whatsthebigdata.com estimates that more than 320 million terabytes of data are generated every day as of 2024. For comparison, Edge Delta estimates that watching YouTube videos uploaded at 1080p generates approximately 2.5 to 4.1 gigabytes per hour—or 0.0025 to 0.0041 terabytes.

By bringing together public, private, and academic research into data analysis, the institute will employ developing technologies like artificial intelligence to identify potential national security threats. Professor Philip Potter will lead the NSDPI, drawing on his experience as founding director of the Batten School’s National Security Policy Center.

“It really takes that policy acumen and knowledge,” says Potter. Beyond the initial tasks of determining how to quantify metrics and prioritize known challenges within the intelligence community, the institute is, at its core, about building predictive models. “Our policy folks are often really good at identifying the right questions. Our data science folks are really good at knowing how to predict patterns. Bringing those two things together presents really exciting opportunities.”

A major advocate in the creation of the NSDPI, Warner emphasized both the potential for the institute to advance American intelligence-gathering capabilities and the importance of protecting the independence of the intelligence community amid the transition of power.

“The value of the intelligence community must be that it speaks truth to power, and it must speak truth to power with independence, without fear of retribution, because that’s the only way policy makers can come to a judgment that makes sense,” says Warner. “I worry at times, some of that independence may be threatened. As long as I have a seat in that room, I’m going to do everything I can to maintain that independence.”

Come January, president-elect Donald Trump has said he will appoint Tulsi Gabbard as the new Director of National Intelligence. Despite the change in leadership, Potter does not anticipate any major impacts on the NSDPI.

“Transitions are a normal part of democratic governments, and they always involve change,” says Potter. “We’re going to put our heads down. We’re going to do important work that is moving things forward for the nation and for the university, and that’ll be our process through every part of the democratic cycle.”

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Should a downtown movie theater be demolished to build new housing?

Crowds rarely attend meetings of the Charlottesville Board of Architectural Review, but quite a few people showed up for a November 19 preliminary review of a potential 184-foot-tall building at the Downtown Mall site of the Violet Crown movie theater.

“I completely understand the magnitude of the importance of this property cannot be overstated,” said Jeffrey Levien of the firm Heirloom Development.

Levien has a contract to purchase the site, so he was allowed to ask the BAR for its initial thoughts on the height and massing of the proposed structure. He said the current building underutilizes a location that would be used to support the new Comprehensive Plan goal of providing more housing.

“It’s a very important first test of our code,” Levien said.  

The BAR will eventually be asked to approve a certificate of appropriateness to demolish the building because it is a contributing structure to the Downtown Architectural Design Control District. It would also have to approve plans for a new building. 

Jeff Werner, the city’s historic preservation planner, said little remains of the original building constructed on the site in the late 1800s. He said the BAR has approved projects with height before, such as the CODE Building, which rises to nine stories in some locations. What matters is context.

“BAR’s review is not just the building, but its relationship to the historic district as well,” Werner said.   

Under the city’s new development code, the building can be up to 10 stories or 142 feet by-right. There is also a bonus provision if additional affordable units are added above the 10 percent required by the code’s inclusionary zoning provision. If the city is satisfied, the building could be 184 feet or 13 stories. 

So far, Levien has not demonstrated how he would fulfill those requirements. The Office of Community Solutions would be responsible for ensuring compliance. 

“The Violet Crown is a jewel,” Levien said. “But it’s a jewel that’s just become outdated as far as a business model in the world of theaters. That’s my opinion based on a lot of fact.” 

In a statement released after The Daily Progress reported that closure was imminent, the company that operates Violet Crown said it is still in business and plans to continue operations as long as it has a lease. 

The president of the group Preservation Piedmont reminded those in attendance that the Downtown Mall is now listed on the National Register of Historic Places.

“As the members of the BAR, in effect, you’re the curators of the Mall, which is our city’s special space,” said Genevieve Keller. 

Keller said any demolition of a property on the Downtown Mall must be considered very carefully. She said this location, as well as a proposed hotel at 218 W. Market Street, are in what used to be the Vinegar Hill neighborhood. Levien is the principal owner of that project, which he was previously planning to develop as a nine-story residential building. 

‘When an application comes in for a demo there, just down from McGuffey School, that would be taking out the last fabric left of Vinegar Hill,” Keller said. 

The BAR took no action because the discussion was a pre-application conference. 

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Judge is ready to rule in Charlottesville zoning case, but opens door to more evidence

One month after City Council approved a new zoning code that allows more residential density across Charlottesville, a group of property owners filed a lawsuit arguing they would be harmed by the changes. 

Last week, Charlottesville Circuit Judge Claude Worrell dismissed two of the four counts in White v. Charlottesville but left room for further hearings on the other two. 

“Plaintiffs have provided a sufficient question of fact for the Court to hear evidence regarding the promulgation of the new zoning ordinance,” Worrell wrote in a three-page ruling dated November 12.

One of the open questions under Virginia law is whether the new development code was “drawn and applied with reasonable consideration for the existing use and character of property,” including a review of transportation requirements and other public services. 

So far, all of the legal proceedings have dealt with a motion from the city that states the plaintiffs have no merit and no standing to sue. Each owns a lot that now allows six or eight units rather than the one permitted under the old zoning. 

Worrell concluded the plaintiffs have the right to bring the case, and his invitation for evidence relates to the question of whether Charlottesville followed state regulations. 

In his ruling, Worrell also said if both parties are prepared to proceed without submitting new evidence, he would be ready to “rule as to the sufficiency of the suit as a matter of fact and law.”

The property owners want their day in court. 

“The plaintiffs expect to present evidence regarding the promulgation of the new zoning ordinance at a trial on this matter,” said Mike Derdeyn, the plaintiffs’ attorney.

When asked if it would submit anything new, Afton Schneider, Charlottesville’s director of communications and public engagement, said the city does not comment on pending litigation. 

In late September, Fairfax Circuit Court Judge David Schell ruled against a provision added to Arlington County’s land use regulations that had the same intent as Charlottesville’s development code—to increase the number of places people can live. Schell, a retired judge, was assigned to the case after Arlington judges recused themselves because they are homeowners. Worrell, a property owner in Charlottesville, did not recuse himself.

Part of Schell’s ruling against Arlington’s Expanded Housing Option program hinges on the same section of state code that has kept the Charlottesville case alive. Arlington County has indicated it will appeal the ruling. 

According to the website ARLNow.com, Schell’s ruling will permit several dozen units being built under the EHO program to proceed, but he warned they may one day need to be torn down depending on how the appeals process works out. 

A handful of “major development plans” have been filed with the City of Charlottesville, including the conversion of 303 Alderman Rd. from a single-family house to six townhomes and a by-right request to build 24 units at 2030 Barracks Rd.

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House of Delegates committee advances resolutions calling for constitutional amendments

In the wake of the historic re-election of Donald Trump as the president of the United States, Democrats in the Virginia House of Delegates Privileges and Elections Committee advanced three constitutional amendments on November 13.

The amendments aim to enshrine protections for reproductive rights and same-sex marriage, and reinstate voting rights for people convicted of a felony. Both House Joint Resolutions No. 1 and No. 2, which pertain to abortion access and voting rights respectively, passed the committee 12-9 along party lines. A handful of Republican legislators joined Democrats to pass protections for same-sex marriages.

First introduced by House Majority Leader Charniele Herring on November 20, 2023, HJ 1 calls for an amendment to Article I of the Constitution of Virginia by adding section 11-A, which protects the right to “reproductive freedom, including the ability to make and carry out decisions relating to one’s own prenatal care, postpartum care, contraception, abortion care, miscarriage management, and fertility care.” Under the proposed amendment, abortion access in the third trimester would still be legislatively restricted to instances when a physician deems it medically necessary to “protect the life or physical or mental health of the pregnant individual” or “the fetus is not viable.”

Current law requires that three physicians find termination necessary to protect the life of the mother prior to performing a third-trimester abortion.

While pro-choice advocates and legislators have emphasized the need for the constitutional amendment following the overturn of Roe v. Wade in 2022, pro-life representatives and organizations criticized both the content of the resolution and the lack of time given for the committee to review the new version of the amendment prior to voting.

Under HJ 2, the language in Section I of Article II of the state constitution would be amended to still restrict voting rights of those currently incarcerated for a felony conviction, but fully restore voting rights upon release without requiring any further action. Virginia is one of 10 states that does not automatically restore the voting rights of those convicted of a felony upon completion of their sentence. 

The final resolution, HJ 9, would repeal and replace an existing amendment.

While same-sex couples have held the right to marriage nationwide since the Obergefell v. Hodges decision by the Supreme Court in 2015, the Virginia Bill of Rights still includes Section 15-A of Article I—a 2006 amendment that explicitly defines marriage as between one man and one woman. If approved, HJ 9 would almost completely rewrite Section 15-A of Article I to protect “the issuance of marriage licenses to two parties contemplating a lawful marriage” regardless of the “sex, gender, or race of such parties.”

Following the Supreme Courts’ Dobbs v. Jackson Women’s Health Organization decision, many LGBTQ+ activists are concerned that Obergefell may be overturned. If the Supreme Court reversed its previous decision, Virginia’s existing prohibition on same-sex marriage would go back into effect.

Making amendments to the state constitution is a lengthy process in Virginia. Before they’re put to voters, the resolutions must be approved by the state legislature in two different years separated by a General Assembly election. The earliest the proposed amendments could appear on the ballot is November 2026.

Charlottesville-area delegates Katrina Callsen and Amy Laufer both support the resolutions.

“Virginia is taking the first step in a process to safeguard freedoms we hold dear: reproductive rights, marriage equality, and voting rights,” said Callsen in a November 13 Facebook post. “Our Constitution should protect all Virginians—today, tomorrow, and for generations.”

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In brief 11/20/2024

No shrinking Violet

Despite a report of its impending closure, Violet Crown isn’t going anywhere, according to a statement published on the movie theater’s social media accounts.

“While we are aware of the potential sale of the property, it is our understanding that this sale has not yet closed and no decision is final,” shared Violet Crown Charlottesville in a November 13 Facebook post. “As far as we are concerned, we have years left on our lease term and fully intend to operate through all of them and beyond, if at all possible.”

Rumors circulated over the impending closure of Violet Crown when The Daily Progress published an article earlier the same day. According to the Progress, the owners of the Downtown Mall property where the theater is located are in the process of selling.

In a November 14 press release, Violet Crown lambasted the DP article, calling it “inaccurate” and “misinformation.” The theater also shared that the Progress allegedly denied a request for correction, citing that “every business eventually closes.”

Although it’s uncertain exactly when a sale could occur, the city’s Board of Architectural Review will hear from Jeffrey Levien November 19 regarding a “pre application conference” for the property, according to the meeting agenda. Levien has proposed building an 18-story apartment complex at the location, which would increase housing supply while towering above other downtown buildings. His previous projects include Six Hundred West Main and a forthcoming hotel at 218 W. Market St., a property he sold in mid-September but will stay involved in as a partner.

Violet Crown has been operating on Charlottesville’s historic Downtown Mall since 2015. The theater made news last fall when Austin, Texas-based Elevate Entertainment Group bought the location. Since acquiring Violet Crown, EEG has invested in improvements to the theater’s seating and dining areas.

Not so fast

A Palmyra woman has been arrested in connection with a November 12 car chase from Lake Monticello into Albemarle County. The defendant, Linda Jean Eckert, faces additional charges in Fluvanna and Albemarle in connection with the incident.

According to a release from the Fluvanna County Sheriff’s Office, the chase started when Eckert was seen allegedly violating a protective order and trespassing near a Lake Monticello residence, then fled the scene, disregarding an officer’s order to stop. Officers reported she continued to flee law enforcement and was driving recklessly.

Eckert is also suspected in a hit-and-run incident that occurred during the pursuit on Union Mills Road. She was arrested after being stopped by police on Route 29, which briefly closed its northbound lanes due to the chase.

Fluvanna authorities are continuing to investigate the incident according to a November 13 release. Eckert was charged with violating a protective order, trespassing, disregarding a law enforcement signal to stop, and reckless driving in Fluvanna; and obstruction of justice, eluding, and hit-and-run in Albemarle. She is currently in custody.

Lifeguard shortage

As winter approaches, Charlottesville is already looking ahead to next summer when families will flock to the Onesty Family Aquatic Center and Booker T. Washington Park pool. The city will consider hiring an outside firm to manage these locations, citing the ongoing lifeguard shortage as an obstacle to independently staffing its pools.

Rake it in

Around 600 people volunteered for Habitat for Humanity’s 11th annual rake-a-thon November 16 to raise funds for local affordable housing. Many University of Virginia students offered helping hands, including those from HUVA, the school’s Habitat Club. “UVA has such a large population in the City of Charlottesville. I think it’s important that students are concentrating their efforts to the entire city as a whole and not just the UVA campus,” said volunteer Achille Guest in an interview with CBS 19.

File photo.

Ctrl + Alt + Heal

A recent study by UVA Health physicians found that Chat GPT outperformed a group of 50 doctors in accurately diagnosing patients. Doctors working with traditional tools versus with A.I. assistance reported similar results, but Chat GPT alone surpassed both groups. Rather than replacing physicians with A.I., a November 13 UVA Health article about the study suggested the findings show the need for more training on optimal use of the technology.