Categories
News

Marching for justice: Charlottesville joins nationwide protests against police brutality

Nearly a thousand protesters took to the streets of downtown Charlottesville May 30, demanding an end to police brutality and justice for the murders of black people across the country, including George Floyd, Breonna Taylor, Ahmaud Arbery, and Tony McDade.

In solidarity with the dozens of other Black Lives Matter demonstrations around the nation, people of all races and ages carried homemade signs and chanted statements like “Cops and Klan go hand in hand,” “White silence is violence,” and “No justice, no peace.” Others joined in by car, blowing their horns and waving signs as they drove along Market Street.

“I was extremely pleased both with the turnout and the resiliency of the participants to remain peaceful…I am certain we got our message across,” says community activist and former Blue Ribbon Commission member Don Gathers, who spoke at the march.

But he believes there should have been “tens of hundreds more” at the event. “Anyone with a pulse and a moral compass should have been out there protesting the disgusting murder and ongoing brutalization of blacks across this country,” he says.

Don Gathers PC: Eze Amos

The march was initiated by local resident Ang Conn, who, after seeing the murder of Floyd on video, felt “just completely distraught with what to actually do.” Floyd died after white Minneapolis police officer Derek Chauvin pressed his knee into the black man’s neck for nearly nine minutes, despite Floyd’s pleas that he could not breathe. (Three other police officers on the scene, who failed to intervene, were fired along with Chauvin, but only Chavin has been arrested.)

Conn reached out to multiple racial justice groups and put a local team together to plan the Charlottesville protest, and get the word out.

The event started at 3pm in front of the city’s police department, where activists, including Zyahna Bryant and Rosia Parker, led chants, gave speeches, and invited the crowd to take a knee. Demonstrators later marched down the mall to City Hall, then through Market Street Park, along Preston Avenue, and into Washington Park, chanting and listening to speeches from area activists and residents. Nearly all wore masks, bandanas, and other facial coverings.

While police in other cities have responded violently to protesters (including in Richmond, where peaceful demonstrators were tear-gassed Monday evening), cops did not confront the crowd in Charlottesville, and the event remained nonviolent. CPD, which has been criticized in the past for heavy-handed treatment of protesters, chose to have “officers remain at a respectful distance, so that people attending could engage in civil discourse peacefully,” says spokesman Tyler Hawn.

City Councilor Sena Magill was thankful that CPD took a hands-off approach to the protest, instead of “trying to stop it.” She says she’s also “proud of our community in general for coming out and saying enough is enough, and doing it in a way that was peaceful.”

As for Conn, she says she hasn’t thought much about how it was peaceful, or how many supporters came out. “We’re protesting black people getting murdered. That’s not fun. It wasn’t a party [or] a get together. We’re in the middle of a pandemic and there are millions of black and brown people locked up in jail cells…which was also what this protest was about.”

On Sunday, the Albemarle High School Black Student Union hosted a demonstration in front of the Albemarle County Office Building. Joined by community members, students of all races stood on the sidewalk in masks, chanting and holding signs with phrases like “Justice for George.”

“We wanted to continue the momentum. It’s important for us to keep protesting peacefully and raising awareness,” says BSU president Faith Holmes. “We’re actually really happy with the way it turned out…we weren’t expecting the numbers that we had. It was fulfilling to see people from [the community] come out and support Black Lives Matter.”

Moving forward, Gathers says he and other local activists will “continue to monitor the situation across the country,” and “should there be a situation that comes to light, God-forbid, here in Charlottesville, we certainly will be at the ready and quick to respond.”

Charlottesville residents of all ages and races attended Saturday’s protest. PC: Eze Amos

Charlottesville has its own fraught relationship with the police. Following community anger over the tear-gassing of counterprotesters during the July 2017 KKK rally, and CPD’s failure to protect residents during the violent Unite the Right rally later that summer, City Council created the Police Civilian Review Board to enhance transparency and trust. After years of controversy and disagreement over the board’s bylaws, City Council appointed seven members to the board in February, but the board has not yet met—an eighth, non-voting member, who was required to have prior law-enforcement experience, was appointed at Monday’s City Council meeting. Councilor Lloyd Snook, however, announced during the city’s Cville360 broadcast on Tuesday that the board could begin virtual meetings.

Before Saturday’s protest, organizers also released a list of demands for the city, county, and state, which Conn read to the crowd on Saturday. It included an end to pretrial detention and home monitoring fees; the demilitarization and defunding of CPD; and the release of more people from jail and prison, especially given the current high risk of death from COVID-19.

Several Charlottesville officials offered statements condemning Floyd’s death and police violence against the black community. And while Magill did not comment on the specific demands, she says the recent incidents of police brutality around the country “have been weighing heavy on all of council” and, from what she’s seen, council is “committed to true change.”

“So many things are hard to get moving quickly, but we all know that we have to do something real,” she adds. “The time for thoughts and prayers is done—it’s been done.”


Updated 6/3 to reflect the recent appointment of a new CRB member and the board’s ability to have virtual meetings

Categories
News

Anti-racists instruct

During the week leading up to the August 11 and 12 anniversary, local anti-racist groups hosted a series of events, including panels on their use of in-your-face tactics and why they believe the First Amendment should not apply to white supremacists.

Protesters up the ante

UVA religious studies professor Jalane Schmidt opened the August 7 Black Lives Matter event with a terse request: “For everyone’s safety, we’ll ask all police to leave.”

The five-person “Why We Protest” panel discussion took a decidedly brasher tone than previous community events, showcasing the confrontational tactics some Charlottesville activists have embraced.

In the packed Jefferson School African American Heritage Center auditorium, Showing Up for Racial Justice activist Grace Aheron moderated the panel, which included Congregate Charlottesville organizer Brittany “Smash” Caine-Conley, SURJ activist Anna, UVA English professor Lisa Woolfork and UVA Students United activist Ibby Han. In keeping with the SURJ ethos, Aheron forbade audience members from livestreaming the event. “If you want the information, you have to come, or take notes and tell everyone,” she said.

Panelists prefaced the discussion by giving their preferred pronouns and tracing their paths to activism. Anna and Han got their start in campus organizations, while Woolfork was driven to protest out of a desire for “her children to inherit a world better than the one I have.” For Caine-Conley, experiencing police violence during a prayer circle at Standing Rock was the tipping point.

The first question addressed a common objection to protests against white supremacy: Why don’t you just ignore them? “Apathy is not a strategy,” said Woolfork, to a roaring applause. Other panelists argued that public disruption has been an indispensable tool for thwarting the alt-right.

Some on the panel adopted a more elastic definition of protest to accommodate mental and physical handicaps. Anna, a disabled activist, said, “Feeding the homeless is an act of protest to food injustice.”

Panelists endorsed controversial tactics for combating white supremacy, such as denying public figures they associate with fascism a platform and accosting them when they go out in public, an approach that has been used against several White House officials—and Jason Kessler.

Woolfork discouraged arguing with bigots, though other panelists adjusted this stance when someone asked what to do if the bigot is a family member. Struggling through tears, an audience member recalled contentious disputes with her parents, who voted for Donald Trump.

Caine-Conley said as a queer woman with family members who do not accept her, she has found it helpful to tell them stories about her activism. “It causes cognitive dissonance…because I am involved,” she said.

Panelists reiterated the need people to participate in demonstrations, citing the successful push to ban Unite the Right organizer Jason Kessler from UVA. “The arc of justice doesn’t bend naturally,” Han said, “it bends when people push on it.”

Many activists agreed that the biggest threat for the August 12 weekend didn’t come from neo-Nazis. At the #ResilientCville town hall a few weeks ago, several audience members expressed concerns about police overcompensating to make up for last year’s failures. Woolfork echoed these concerns, warning that, if this is the case, “black people will bear the brunt.”—Jonathan Haynes

Free speech victims

Showing Up for Racial Justice sponsored an August 8 lawyers’ panel on free speech and anti-racist work—and how “false notions” about the former “hinder” the latter.

UVA law professor Anne Coughlin called the idea that there’s such a thing as legally protected free speech a “myth.” She said, “We regulate speech all the time.” Free speech gets thrown around as an absolute right, while “the protections are much narrower that people believe,” she said.

Legal Aid Justice Center and National Lawyers Guild attorney Kim Rolla questioned the idea that in an unfettered marketplace of free speech, “truth will shake out.”

Said Rolla, “Right now, the First Amendment is used to punish anti-racists and protect white supremacists.”

SURJ organizer Ben Doherty, who works at the UVA Law Library, elaborated on that theme: July 8, 2017, when “police gave full protection” to the Loyal White Knights of the Ku Klux Klan and tear-gassed anti-racist activists; a federal judge allowing Unite the Right organizer Jason Kessler to hold his violent rally last year “under the guise of free speech;” August 11, 2017,  at UVA, when neo-Nazis and white supremacists carried torches through the Grounds of UVA and “formed a lynch mob” while “police were paralyzed.”

And he listed the UVA law school, which allowed Kessler to be there twice, while arresting an activist “for merely sitting in the office with him.”

Coughlin, who said she has colleagues who say student “snowflakes” are trying to silence free speech, called “completely false” the notion of a “presupposed golden age of free speech and the sharing of ideas freely” when women and African Americans were excluded from law schools.

“We have the power to change the meaning of what’s protected speech and what’s violence,” she said.

White supremacists are now characterizing themselves as victims and “a minority group that’s being silenced,” said Rolla. “To say white folks are victims is really dangerous.”

Trickier for the panelists was how to prevent hate speech from having First Amendment protections.

“I’m hesitant to give more tools to the government to restrict speech,” said Rolla.

“There’s no reason the KKK should be a legal organization in the United States,” said Doherty. “It’s a terrorist group.” He said the government outlawed the Black Panthers through FBI surveillance and infiltration.

Attorney Lloyd Snook was in the audience, and he says that infiltrating the Black Panthers was not the same as passing a law, “Two of the three panelists don’t know their First Amendment history very well.”

The decisions that came out of the Warren U.S. Supreme Court were to protect civil rights organizers, union organizers and Communists, he says. “Later on the KKK and Nazis latched on to that.”

Moderator Lisa Woolfork with free-speech panelists Ben Doherty, Anne Coughlin, and Kim Rolla. staff photo

How Kessler could get a permit for the Unite the Right rally last year was a question from the audience.

In federal court, the basis the city gave for moving the rally was the number of people anticipated for then-Emancipation Park, said Rolla.

Rolla pointed out that then-mayor Mike Signer told ProPublica on Frontline’s “Documenting Hate: Charlottesville” that the city had no knowledge there would be any violence. Rolla called that “astounding” and said, “People stood in front of City Council” with information of the violent intentions of rally-goers, and there should have been prior restraint based on the threat of violence.—Lisa Provence

Categories
News

But their emails! Councilors must turn over docs in monument suit

 

In a lawsuit aimed at keeping the statues of Confederate generals Robert E. Lee and Thomas “Stonewall” Jackson in Charlottesville, city councilors have been ordered to turn over documents related to conversations of removing them—a decision the council made, initially just to remove Lee, in a 3-2 vote in February 2017.

Charlottesville Circuit Court Judge Rick Moore ordered June 19 that current councilors Wes Bellamy, Mike Signer and Kathy Galvin, and former councilors Bob Fenwick and Kristin Szakos, who were serving at the time of the vote, would have to supply documents dating back to September 2016.

Plaintiffs are asking for paper trails, including emails, text messages, phone calls, memos and videos from official city accounts and councilors’ private servers, and have specifically asked for those between the city leaders and members of activist groups such as Black Lives Matter and Showing Up For Racial Justice, according to acting city attorney Lisa Robertson.

“The plaintiffs are showing their hand,” she said. “It comes close to a witch hunt, your honor, and I don’t know any other word for it.”

Plaintiffs include 11 individuals, such as attorney Fred Payne, a city resident who “enjoys both Lee Park and Jackson Park and the monuments erected therein on a regular basis,” according to the lawsuit, and two groups: the Monument Fund and the Virginia Division of the Sons of Confederate Veterans.

The suit was filed in March 2017, before the spaces were renamed as Emancipation and Justice parks, respectively.

Robertson argued that the plaintiffs didn’t succinctly define the type of documents they’re seeking, and that the range of dates from which they want to collect evidence was too wide. (While the judge ruled that councilors would need to sort through materials dating back to September 2016, plaintiffs had originally asked for that through January 2016.)

Plaintiffs attorney Ralph Main didn’t deny that the scope of evidence was large.

“We wanted to find out if there was something going on ahead of time,” he said. “I don’t think it’s a fishing expedition.”

Robertson called the plaintiffs’ request “painful” and asked the judge if he had any idea of the sheer volume of emails councilors received from people all over the nation in the wake of their decision to remove Lee and Jackson. And Moore said, yes, because of the national movement to contact city clerk Llezelle Dugger, and tell her how he should rule. Through her, Moore said he received “thousands” of messages.

He then ruled that councilors would not need to turn over messages they received, and only the ones they sent.

Last week, he ruled that councilors are not immune to legal fees or paying for damages related to their vote to remove the Confederate statues, and Robertson said it could be two more weeks before the city’s insurance company is able to determine who’s covered.

Individual councilors may have separate attorneys, and should not be compelled to turn over evidence until that’s sorted out, argued Robertson. But Main said deadlines are quickly approaching, and they’ve been parties in the suit since it was filed.

Categories
News

In brief: A lost neighborhood, a plane crash and C-VILLE wins big

Vinegar Hill reimagined

The winners of a Bushman Dreyfus Architects and Tom Tom Founders Festival competition to use public spaces to create constructive dialogue and to reimagine Vinegar Hill, the city’s historic and predominantly African-American neighborhood, proposed an 80-foot wall made of layers of metal maps of the lost neighborhood on the west side of the Downtown Mall.

The wall, similar in size to the Freedom of Speech Wall on the opposite side of the mall, would be surrounded by rolling benches. Winning team members Lauren McQuistion, a UVA School of Architecture grad now based in Detroit, A.J. Artemel, director of communications at Yale School of Architecture, and Tyler Whitney, a former junior designer at local VMDO Architects who is also now in Detroit, received a grand prize of $5,000. All three are 2011 UVA graduates.

Thanks to urban renewal, Vinegar Hill was razed in 1964, and the city is currently considering how to memorialize it, independently from the competition, which garnered submissions from 80 applicants across 20 countries.

Quote of the Week: “One of the saddest outcomes of Ryan Kelly’s Pulitzer-winning Charlottesville #photo is he’s leaving #journalism altogether & not returning. He now works for a brewery.” —K. Matthew Dames, an associate librarian for scholarly resources and services at Georgetown University, on Twitter. Kelly had already planned to leave the Daily Progress, and August 12 was his last day.

Crozet triangle

A twin-engine Cessna crashed off Saddle Hollow Road April 15, killing the pilot, not far from where Piedmont Airlines Flight 349 slammed into Bucks Elbow Mountain in 1959 with one of the 27 people onboard surviving. Crozet also was the scene of a GOP congressional delegation-carrying Amtrak crash into a Time Disposal truck that killed one person January 31.

Rain tax quenched

Photo by Richard Fox

Albemarle Board of Supervisors decided April 11 to use its general fund to pay for the stormwater utility fee because of massive farmer outrage. Next issue to get riled about: property taxes going up.

Park entry fees upped again

It’s going to cost five bucks more to visit Shenandoah National Park this summer. Starting June 1, vehicle entrance fees will be $30, motorcycles $25, per person is $15 and an annual pass is $55. Good news for seniors and frequent parkers: The annual pass to all parks and the senior lifetime pass remains $80.

Call to condemn

Activist groups Black Lives Matter and Showing Up for Racial Justice want City Council and the Albemarle supes to approve a resolution written by Frank Dukes that condemns the Confederate battle flag that’s been erected in Louisa near I-64.

Cullop walloped

Things are not looking good for 5th District Democratic candidate Ben Cullop, who scored zero delegates at the April 16 overflow Albemarle Democratic caucus in his home county. Leslie Cockburn received 18 delegates, Andrew Sneathern 13 and R.D. Huffstetler will take eight to the Dem convention May 5 to choose a challenger to U.S. Congressman Tom Garrett.

A capacity crowd packed the Monticello High School gymnasium April 16 to participate in the 5th District Democratic caucus.

Court referendum

The General Assembly passed a law that means if Albemarle wants to move its courts from downtown, voters will have a say.

Power of the press

During the 2017 Virginia Press Association awards ceremony on April 14, C-VILLE nabbed accolades in 10 categories in the specialty publication division, along with two best in show awards for design and presentation (Bill LeSueur and Max March) and artwork (Barry Bruner).

First place

Design and presentation: Bill LeSueur, Max March

Food writing: Caite White, Samantha Baars, Tami Keaveny, Erin O’Hare, Lisa Provence, Jessica Luck, Erin Scala, Eric Wallace

Illustrations: Barry Bruner

Front page or cover design: Bill LeSueur, Max March, Eze Amos, Jeff Drew

Combination picture and story: Eze Amos, Natalie Krovetz, Lisa Provence, Samantha Baars, Erin O’Hare, Susan Sorensen, Jessica Luck, Jackson Landers, Bill LeSueur

Pictorial photo: Jackson Smith

Second place

In-depth or investigative reporting: Samantha Baars

News portfolio writing: Lisa Provence

Third place

Feature story writing: Erin O’Hare

Public affairs writing: Lisa Provence

Categories
News

Not guilty: DeAndre Harris acquitted of August 12 assault

As DeAndre Harris’ attorney played video footage of a group of white supremacists beating him to the ground in the Market Street Parking Garage on August 12, Harris sank back in his chair and closed his eyes.

Today, he was on trial in Charlottesville General District Court for an encounter that happened just moments before the bloody beatdown, when he was walking down Market Street and testified that “everybody just stopped.”

Harris said he turned around to monitor the situation, and that’s when he says he witnessed League of the South member Harold Crews “driving his flag into Corey [Long].”

Long—who is now widely recognized as the tall, muscular black man who appears to be wielding a homemade flamethrower at a white supremacist in an August 12 photo that went viral—is one of a few people Harris attended the Unite the Right rally with. Harris said he had seen people using flagpoles as weapons throughout the day.

So when he saw the tip of one poking into his friend’s torso, that’s when he took a Maglite out of his backpack and swung it in the direction of the flagpole. His attorney, Rhonda Qualiana, said you could hear the flashlight hit the pole in the video.

Harris came to the rally carrying a bag full of water and a white towel to cover his face in the event that tear gas was dispersed, he testified. An unknown white man dressed in all black had handed him the Maglite and a face mask for protection just prior to the incident.

After he swung it, Crews—the North Carolina man who brought the assault charge against Harris—claimed he was struck on the left cheek, which left two abrasions.

While Judge Robert Downer said he believed Crews’ testimony, he said, “I cannot find beyond a reasonable doubt that [Harris] intended to hit Mr. Crews.”

And though the judge formerly instructed several rows of activists in the courtroom that outbursts were prohibited, they erupted in applause and whistles when he found Harris not guilty of the misdemeanor.

As part of a campaign community activists are calling “Drop the Charges,” members of groups such as Black Lives Matter, Congregate Charlottesville, Showing up for Racial Justice and Solidarity Cville have demanded that Commonwealth’s Attorney Joe Platania acquit Harris, Long and another black man, Donald Blakney, from the charges they’ve faced as a result of protecting the community from neo-Nazis on August 12.

Outside the courtroom after the verdict—where, not long before, Unite the Right rally organizer Jason Kessler made his rounds through the screaming crowd, exchanging middle fingers with activists and filming a police officer who smacked his arm and caused him to drop and allegedly break his phone—activists chanted, “Being black is not a crime,” after the verdict.

Among a sea of signs in support of Harris, the 20-year-old who was working as a lead counselor at the local YMCA and a teacher’s aide at Venable Elementary School, one stood out: “Venable families stand with Dr. Dre.”

Quagliana said Harris would not be speaking to the media or the activists.

“Your enthusiasm and support has meant everything to DeAndre,” she said to the crowd of approximately 75 people. “It’s almost hard for me to not be emotional.”

The attorney said the day was also very emotional for her client, who has been searching for the woman who initially gave him aid on the steps of the NBC29 building where he lay after he was removed from the parking garage on August 12. Quagliana said he wants to thank her.

“DeAndre and his parents want peace in this community,” she added.

Black Lives Matter-Charlottesville organizer Lisa Woolfork said the acquittal of a victim whom white supremacists tried to turn into an assailant was a cause for celebration.

“Our community is much safer because of this verdict,” she said.

Categories
Arts

Art’s role: Black Lives Matter’s protest alternative

On August 12, when hundreds of white supremacists gathered here for the Unite the Right rally, ostensibly to protest the removal of the Robert E. Lee statue, our city suffered terrible loss.

Just a few blocks away from the destruction, Black Lives Matter held an Art in Action event at Champion Brewing Company. Organizer Leslie Scott-Jones says it was “for people who didn’t want to march and stand, but people who wanted to stand in a different way.” The idea was to open the stage and engage residents in the positive experience of creativity. A large sheet of paper covered one table where children could draw. Musician David Tewksbury performed, as well as Keith Morris, among other singers, musicians and poets. Scott-Jones laughs as she remembers the moment two little girls asked to dance on the stage, the improvised sound system consisting of a mic pressed up to their parents’ phone while their chosen song played.

Scott-Jones says that art has a huge role to play in combating white supremacy. “There is nothing that can move people the way that art can. …It is supposed to tell the absolute truth,” she says. “It is supposed to show someone a perspective of life that they could never have, to promote understanding. And that has always been art’s role.” Scott-Jones says, for black artists especially, art can be an avenue for activism.

The problem, then, with the Lee statue is that it does not tell the absolute truth, “because it is ‘art,’” Scott-Jones says, making air quotes with her hands. “I don’t know if it should be destroyed. I think it should be put into some sort of museum that can put it in its proper place in history. Because I think the mistake that we make is putting our Founding Fathers up on a pedestal as if they weren’t fallible human beings.”

We do owe a lot to them, she adds, because “they created this country, they created a series of laws that still governs us today. But they were also slave owners. They also were rapists. They also killed people. And I’m not talking about war. They stole land from indigenous people. They were fallible. They were whole human beings, and to deny all parts of them is the whitewashing of history. And that’s why we have this problem. Because we haven’t been telling the whole truth.”

Scott-Jones is still processing what happened on August 12. She describes the uncertainty of walking among white people without knowing their intentions. “That’s a kind of terror that is indescribable and it’s not something that goes away just because those people left town,” she says. “Because as all of Charlottesville knows now—I don’t think the black community was under any illusions about it—not all of them were from out of town. So, yeah, it has changed the way I think about my home.”

As for moving forward, Scott-Jones says, “If you are righteously appalled at what took place in our town, then use your anger to fight against it. It doesn’t have to be you standing in a protest screaming at a white supremacist. …It can be something as simple as hearing someone make a racist or homophobic or misogynistic remark and not allowing that to happen in front of you, just stopping that person and saying, ‘Whoa, whoa, that’s not okay. We don’t do that here.’”

Scott-Jones also suggests donating your time, or “your talent, your treasure to organizations that are doing this work. …There are things you can do that don’t involve you putting your body on the line. …And I think people get daunted by not knowing, or not knowing who to ask what those things are. But not asking that question and not acting on that is no longer an option.”

Categories
News

United we stand: Charlottesville says no to hate

It was the day that kept getting worse. The weekend from hell. Like many of you, C-VILLE Weekly is still processing Saturday’s violation from ill-intentioned visitors with antiquated notions who now believe it’s okay to say in broad daylight what they’ve only uttered in the nether regions of the internet.

The Unite the Right rally left three people dead and countless injured, both physically and psychologically. We, too, share the sorrow, despair and disgust from being slimed by hate.

But here’s one thing we know: Despite the murder, the assaults and the terror inflicted upon this community, Charlottesville said no to hate. And the world, it turns out, has our back.

We sent six reporters and two photographers out to document the August 12 rally at Emancipation Park, the community events taking place around it and the weekend of infamy. Here’s a timeline of what we saw and what we felt. Because this? This is our town.

Categories
News

Rashomon effect: Police chief defends tear gas; activists allege police brutality

In the post-mortem of the July 8 KKK rally in Justice Park that resulted in 22 arrests and riot-garbed Virginia State Police tear-gassing protesters, widely diverging accounts of the event are playing out like a Kurosawa film.

Police Chief Al Thomas says his force has gotten “hundreds and hundreds of compliments” for how city police handled the estimated 1,500 people who attended. At the same time, activists are decrying the “brutality” of militarized police and the tear gassing of protesters, and demanding that the charges against those arrested be dropped.

Chief Al Thomas defends the use of tear gas to disperse protesters after the KKK left. Photo Eze Amos

And four legal organizations—the ACLU, Legal Aid Justice Center, the National Lawyers Guild and the Rutherford Institute—have asked City Council and Governor Terry McAuliffe to investigate the “over-militarized” police presence, the declarations of unlawful assemblies and the use of tear gas, and called for a permanent citizen review board.

Thomas defends its use. “The crowd was becoming more aggressive toward law enforcement,” throwing water bottles, using a pepper gel and spitting, he says.

According to Solidarity Cville, police escalated a peaceful demonstration against “white supremacist hate” by declaring an unlawful assembly after the Klan left. At a July 14 press conference in front of the police department, Emily Gorcenski, who was one of those tear-gassed, called the decision “unnecessary and unreasonable” and pointed out, “Charlottesville residents can’t clear out of a Dave Matthews concert in under an hour, yet police declared a peaceful crowd to be an unlawful assembly within minutes of the KKK departure.”

In the timeline of events, the Loyal White Knights of the KKK had a permit to protest the removal of Confederate monuments from 3 to 4pm. Because of the crush of counter-protesters surrounding the park, the KKK wasn’t able to get in until about 3:45pm. Shortly before 4:30pm, Chief Thomas ordered an end to the Klan demonstration, and protesters followed the Loyal Whites out to a secured garage on Fourth Street NE.

Protesters clogged the street, and Deputy Chief Gary Pleasants declared the first unlawful assembly of the day. Police and protesters agree on one thing: “We were trying to get them out of here as fast as possible,” says Thomas.

“No one wanted to bar the KKK from leaving the city,” says Gorcenski. “We wanted to make sure the Klan didn’t spend a minute longer in Charlottesville than necessary.”

After the KKK left around 4:44pm, police headed toward High Street, where Thomas describes a hostile crowd of several hundred people becoming aggressive toward police. On-scene commanders from city police and the Virginia State Police made the decision to deploy tear gas, says Thomas.

At 4:58pm, fewer than 15 minutes after the Klan left, police declared an unlawful assembly, says Solidarity Cville.

“We reject the allegation the deployment of chemicals was in response to a police defense strategy,” says Gorcenski. “Video evidence shows police went through a lengthy, minutes-long process of preparing gas masks.”

The Rutherford Institute’s John Whitehead contends police use of military equipment, including riot shields, assault weapons, grenade launcher and BearCat, changed the dynamic of the event, and the civil liberties orgs say the “heavy-handed demonstration of force” escalated rather than de-escalated the event.

“I would say bringing a hate group in changes the event,” counters Thomas. “That’s when we saw a change, when the Klan arrived. They brought hate and fear into our city.” Thomas also notes that city cops were in their normal uniforms for most of the day and did not have riot gear.

After the Klan left, there was a scuffle on the ramp leading up to the Juvenile and Domestic Relations Court, and two people were detained there, says Gorcenski. “It was a very, very confusing situation,” she says. Police were giving contradictory instructions, and people on the ramp had nowhere to go, she recounts.

Solidarity Cville alleges one of the people sitting on the ramp was kicked in the head three times by police. In a video the group provided, it appears an officer trying to get around them stumbled against one of the seated protesters, Tracye Prince DeSon, and looks horrified when people start shouting that he’d kicked the activist.

DeSon claims police used pepper spray on him six minutes before the first tear gas was fired. A video shows a Charlottesville police officer with a cannister in his hand, and moments later people in the vicinity are filmed coughing and reacting to an irritant, including this reporter.

A number of people, among them street medics, bystanders, ACLU observers and journalists, have discussed getting tear-gassed, and many of them said they didn’t hear the order to disperse, nor the warning that a chemical agent would be used.

Solidarity Cville’s Laura Goldblatt says medics were treating a woman in distress on the grass beside the juvenile court when the first tear gas went off beside her.

C-VILLE photographer Eze Amos was behind police taking photos of a dancing man when the first cannister went off and the wind shifted. “Around my mouth was burning, around my eyes were burning,” he says. “I was choking.”

Civil rights attorney Jeff Fogel also got tear-gassed, and says it was unreasonable to order people to leave immediately after the Klan left. “Two people were arguing at the end and police said it was an unlawful assembly,” he says. “Does that justify using tear gas on 100?”

Thomas says, “It is unfortunate” that bystanders on the sidelines got caught in the tear-gas crossfire. “It does travel. A number of our officers not wearing gas masks took in some of the gas as well.”

Three people were charged with wearing a mask—a felony—and at the July 14 press conference, Don Gathers with Black Lives Matter said, “They used their shirts and scarves to protect themselves from the chemical agents released by police.” Earlier, a masked Klansman was asked to remove his mask and not arrested, says Gathers.

City Councilor Kristin Szakos, who was not present at the KKK rally, says, “I wish there hadn’t been tear gas.” She adds, “It wasn’t unprovoked. There were people who were actively confronting police.”

Police kept people safe, while allowing people to stand up to the hatred of the KKK, she says. “The Klan knows they’re not welcome here.”

Categories
News

Burn notice: Flag burning still inflames some

President-elect Donald Trump, known for his uncanny ability to raise eyebrows with 140 characters or less, sent out this particularly scrutinized tweet November 29: “Nobody should be allowed to burn the American flag—if they do, there must be consequences—perhaps loss of citizenship or a year in jail!”

While one Virginia man voices the same grievance, another local would like to remind The Donald about U.S. Supreme Court rulings that declared otherwise.

In two cases—one in 1989 and another in 1990—the highest court in the nation ruled that the prosecution of people who burn the flag violates the First Amendment right to free speech and is, therefore, unconstitutional, notes Joshua Wheeler, the director of Charlottesville’s Thomas Jefferson Center for the Protection of Free Expression.

“It’s a little puzzling as to why politicians of both parties try to bring this up given that it’s not such a common occurrence,” Wheeler says. But, as a result of the tweet, he adds, a number of people have burned flags outside of Trump’s New York City abode in protest.

Wheeler compares the decades-old Supreme Court decisions with the recent arrests of 13 Black Lives Matter protesters who stopped traffic on Richmond’s I-95 and were convicted on the same day Trump sent his tweet.

“Unlike flag burners, the conviction of the Richmond protesters had nothing to do with the message they were expressing,” he wrote in a statement. “Their crime was impeding traffic. Had a similar highway-blocking protest involved the Ku Klux Klan, Planned Parenthood or the NRA, all would have been equally guilty of impeding traffic—a crime of pure conduct.”

And prosecuting someone for burning a flag can get sticky, he says, asking what exactly an American flag is. “Does it include a flag patch sewn onto someone’s jacket? How about a realistic painting of the flag? Or a button displaying only the U.S. flag? If you can’t burn it, can you also not step on it? Or write on it? Such laws are unwieldy, to say the least.”

The First Amendment “doesn’t mean citizens can say whatever they want whenever they want,” Wheeler says, but it is a limit on the government’s ability to restrict free speech. And while he doesn’t think flag burning is the best way to express oneself, he says he supports the right to do it.

“I am personally offended by it,” he says. “I think it is a deliberately provocative way to express something that could be done in a more respectful way. On the other hand, I believe more strongly in the right of free speech.”

But Jonathan Guy, a Chesterfield man who comes from a long line of family members who served in the military, feels otherwise.

“I think it’s ridiculous,” he says. “People stepping on the flag and burning them is a disgrace. …I’m looking at two folded flags in my window. One was my granddad’s and one was my dad’s. I cherish those flags.”

And he’s proposed a solution to the problem.

For offenders who weren’t born in America: “Send them back to where they came from.” But for natural-born citizens: “That’s a really tough question.”