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The fear, the fight, the future: The threat of gun violence is a new reality for today’s students

The lights were off and the door was locked in Shreya Mahadevan’s fourth-grade classroom at Johnson Elementary School. Small bodies huddled quietly behind a wall of backpacks—their teacher in tears.

“It was really scary. Petrifying,” says the 9-year-old girl about the lockdown her school was under last October, when a man in nearby Johnson Village was on the run after a reported burglary and sexual assault.

But as she huddled near the backpacks, and then ducked behind a bookshelf for cover, she didn’t know why—she just knew it felt different than the drills she’d been practicing.

“It’s not scary if we’re having a drill,” says Shreya. “It just makes you feel like you know what to do when something happens.”

Pausing for a moment, she corrects herself: “If something happens.”

Shreya Mahadevan says she was “petrified” and her teacher was in tears when Johnson Elementary School went on lockdown last year. Photo by Amy Jackson

Across a small table in a Charlottesville coffee shop sits her sister, 20-year-old Samyuktha, an Albemarle High School graduate, who says young people have come to expect violent activity in schools. And they aren’t shocked anymore when it makes headlines.

She refers to the May 18 shooting at Santa Fe High School in Texas, where a maniac with his father’s pump-action shotgun and .38-caliber revolver murdered eight students and two teachers, where he wounded 13 others, and where surviving students immediately told reporters outside the crime scene that they weren’t surprised it happened.

“I think the expectation of violence has increased,” says Samyuktha, a rising senior studying international relations at the College of William & Mary, who notes increased awareness of violence in schools over the past year. And while that certainly doesn’t only equate to on-campus firearm fatalities, a quick search turns up 34 school shootings during the most recent academic year that resulted in 50 deaths and double the injuries.


School security systems

“Safety is always top-of-mind for school administration,” says Kim Powell, an assistant superintendent for Charlottesville City Schools. “I think what’s changed is the context we have to think about safety in.”
Powell says schools are still one of the safest public places to be, and with mass media attention given to instances of school violence, “I think it changes people’s situational awareness.”
Local schools use a threat assessment approach, where teachers and faculty are trained to attend to students who show higher levels of concern.
“If a student is showing signs of not being comfortable or acting differently, staff are trained to reach out and find out what’s going on,” says Powell.
As the administration is gearing up to go back to school, Powell says the conversations around safety have weighed heavily in three areas: processes, plans, and procedures; climate and culture; and the physical safety of the facilities.
Albemarle County Public Schools spokesperson Phil Giaramita says a new committee of students, senior staff, and community advisers will meet quarterly to evaluate safety practices and advise the county superintendent and school board.
At Woodbrook Elementary School, which is under renovation, there’s an opportunity to test a new electronic entry card system for teachers and administrators. County schools will also spend $160,000 this year to expand mental health services, including a pilot program to staff a Region Ten counselor at the middle school level. That person will work through in-school and at-home issues with students.
Schools can’t disclose their safety plans for obvious reasons, but many other security measures exist in Charlottesville and Albemarle County classrooms, including the following at various schools*:
County schools:
-All classroom doors lock from the inside
-Protective coating on door windows
-Blinds or shades for all windows
-Controlled entrances prevent direct access to hallways and classrooms
-Security screening for visitors
-Security cameras at schools and on buses
-Safety drills
-Armed and unarmed school resource officers
City schools:
-Various schools have buzz-in systems at front doors
-Interior doors route visitors through main offices
-Security screenings for visitors
-Threat assessment teams at all schools
-Surveillance cameras
-Lighting upgrades
-All classroom doors lock from the inside
-Safety drills
-Armed and unarmed school resource officers
*Provided by school spokespersons Phil Giaramita and Krissy Vick

“At this point, it’s not shocking,” says Samyuktha. “It’s more frustrating. I mean, sadness is probably the first emotion that comes out because it’s terrible to know that even more families and individuals have been affected.”

And, says 14-year-old Aidan O’Brien-Olwell, “The real fear behind this is it’s random.”

He was at Buford Middle School during the lockdown that scared Shreya and her schoolmates at Johnson Elementary. The Cherry Avenue schools were the only two that battened down the hatches during that event.

While he says it was “worrying,” he mostly remembers the confusion, and says he was in gym class when teachers instructed students to leave the gymnasium and hide in the locker room.

The then-eighth grader says it seemed like a “weird choice. …Why take us out of the large gym with many different entrances and exits to the cramped, small room with one entrance and one exit?”

Unlike Shreya’s, his teachers shed no tears, but did appear concerned and perplexed. “They were confused, just as much as we were,” he says.

O’Brien-Olwell will enter Charlottesville High School this month, but when he walked the halls of his middle school, he says safety was often on his mind.

“I mean, now, you kind of have to think about it,” he adds. And while he did generally feel safe at Buford, and thinks the lockdown protocols are mostly well-designed, he adds, “There is one area that everyone worries about.”

Translucent glass walls line the school’s science hallway, which O’Brien-Olwell says would make it hard to hide from someone peering in, and would be easy to break into. “You can see everywhere in the room. Students were the first to point it out, and realized this is the worst possible place to be.”

In today’s climate, these are topics of casual conversation for middle schoolers.

“We have had many conversations like that,” O’Brien-Olwell says, adding that the discussions are heightened in the days surrounding lockdowns and major media attention for “stuff like this.”

He goes back to the first word he used to describe that kind of “stuff,” which was “random.”

“I know I can set up a boundary between myself and the other crimes—those crimes aren’t really random,” he says. “Like I know I’m not in a gang, I know I’m not involved with drug violence, so I can kind of set up a mental boundary against the fear of something like that. But this? There’s just no way to exempt yourself from the possibility.”

When he hears about more kids who died at their schools, he feels “very upset that that could have been anyone. I could have just been unlucky in the wrong school that day.”

And while children are aware of the grim possibility, parents are perhaps even more conscious of sending their kids off to places where they know that type of violence can happen. When Priya Mahadevan waves goodbye to her daughter, Shreya, every morning, she no longer tells her to have fun at school. Now, she says she tells her to be safe.

“That’s not the kind of message you want to send,” says Priya. “It was not an issue when my older daughter was going to school. We were never scared that someone was going to walk down the school corridors and shoot people up. That was never on my mind.”

Now? “It has become much more of a reality for us.”

Boots on the ground

Priya leads the local chapter of Moms Demand Action for Gun Sense in America, which started as an intimate group of about 10 parents who were ready to advocate for common sense gun laws last fall, and who “were actually caught literally off guard” in February, when about 150 people showed up to a call for new members.

This was in the wake of the Valentine’s Day massacre at Marjory Stoneman Douglas High School in Parkland, Florida, which left 17 students and faculty dead, and the same amount injured. It was the shooting that changed the conversation.

Priya Mahadevan, who leads the local chapter of Moms Demand Action For Gun Sense in America, says there’s no Band-Aid solution to ending gun violence, and it starts with electing representatives who will work toward it. Photo by Amy Jackson

“It’s a movement,” Priya says, describing an unprecedented reaction of anger and frustration within our community, where people found her group in an effort to advocate for immediate change. “We were not able to give them the Band-Aid solution that they really wanted,” she adds.

And that’s because there isn’t one. Affecting real change takes time, and that’s what Moms Demand Action aims to do—to continue the conversation on common-sense gun laws, to keep weapons out of the hands of known felons, domestic abusers, and people with dangerous mental illnesses, she says.

“We are not partisan, we’re not against the Second Amendment,” says Priya. “We’re just saying we want to keep our communities and children safe, and basic laws need to be in place.”

Several Moms Demand Action members met with Senator Creigh Deeds on August 16.

His platform aligns with the activist group’s in that he is against bump stocks, which make semi-automatic weapons shoot almost as fast as fully automatic machine guns, and he is for universal background checks for potential firearm purchasers.

Deeds, who was stabbed in the face and chest in November 2013 by his mentally ill son, who then shot and killed himself with a shotgun, “is opposed to seeing assault weapons in the hands of people [in which] they do not belong,” says Priya.   

“He also said he would be willing to work with us on other legislative proposals for common sense gun laws,” she says.

Photo courtesy David Toscano

On July 10, a delegation of five members of the local activist group, including Priya and her oldest daughter, Samyuktha, met with Democratic Delegate David Toscano to discuss gun control and school safety.

Toscano, along with Republican delegates Rob Bell and Steve Landes, are members of the state’s House Select Committee on School Safety, a 22-person bipartisan group that formed after the Parkland shooting and exists to find ways to make schools safer.

Toscano criticized the committee in a May 10 newsletter, where he said, “The Parkland shootings vividly reignited the gun safety debate all over America, including our Virginia House of Delegates. Republican and Democratic delegates, however, responded quite differently.”

He calls the safety committee’s focus “narrow,” and says the committee has been specifically instructed by House Speaker Kirk Cox, a retired teacher, not to discuss arming teachers, which was advocated by the president, or the broader issue of gun safety.

Rob Bell. By Amy Jackson

Priya mentions that Bell, the committee chairman, has a lifetime ‘A’ rating by the National Rifle Association, “so you see how it plays into such important issues being skirted around,” she says.

The first meeting, Toscano says, suggested that the group’s recommendations will likely focus on physical changes that can be made to schools, such as entrance control, locks in classrooms, and safety glass, and mental health counseling and conflict resolution for students.

Says Priya, “That is like turning a blind eye to the glaring problem at hand, which is guns, especially in the hands of the wrong people.”

Toscano also noted in a July Facebook post that his Subcommittee on Student Behavior and Intervention heard from UVA professor and national expert Dewey Cornell that the threat of deadly violence is much higher in many spaces than schools, such as restaurants and homes, which are 10 and 200 times more dangerous, respectively.

Some prosecutors in other parts of the country are considering charging parents who have unsecured guns that are used in a shooting, as reported by the New York Times in May 2018.

Priya says it should be considered child endangerment.

“They should be held accountable with an indelible felony charge and complete revoking of rights to own guns,” she says. “The Virginia laws are sadly lacking in this regard and they get away with a slap on the wrist and a small fine.”


Survey says

It’s not as bad as it sounds. Researchers with the University of Virginia’s Youth Violence Project, which is directed by Dewey Cornell and exists to prevent violence among young people, surveyed nearly 70,000 students and 15,000 teachers and staff at high schools across the nation in 2016. Here’s what they found:
-82 percent of students felt safe in schools
-92 percent of teachers felt safe
-80 percent of teachers reported adequate safety and security measures
-3 percent of students reported carrying a weapon to school

Democrats are examining the issue through a “broader lens” than the Republican-led committee Toscano says, with their own task force called the Safe Virginia Initiative, which focuses largely on gun safety.

“Virginians realize that thoughts and prayers are no longer enough to address our problems,” he said in his newsletter.

For Priya, one of the largest takeaways from her discussion with Toscano was his making the connection between a school and its community—“If the community has got a lot of issues of violence, then it definitely plays out in schools as well,” she says.

They also discussed framing gun violence as a public health crisis that requires legal attention.

“We’ve managed to get a statewide Medicaid expansion with the support of people who may in the past have opposed gun sense laws,” says Samyuktha. “So if you can frame gun sense as something tied to health, and something that would be contributing to safety and physical wellbeing, then it could be a more effective legislative path.”

Priya also notes that when a child dies because of not wearing a seatbelt, or for not being properly buckled into his car seat, legislators immediately write new laws to prevent such tragedies.

“I think we should have laws in place that make sure children are safe wherever they are, and anything short of that is not acceptable,” she says. The most important step to ensure that is electing people who are willing to hear those concerns and address them, Priya adds, and “I think [voting] is the biggest weapon we have.”

Members of Moms Demand Action gathered at the Northside Library August 13 to write letters to senators and legislators, urging them to stand firmly against their colleagues who are working to legalize the 3-D printing of firearms.


Firearm fatalities

Everytown For Gun Safety Support Fund, a sister organization of Moms Demand Action For Gun Sense in America, reports 96 gun-related deaths in America every day. “If you think of every day as a mass shooting, that kind of shows you what’s going on,” says 20-year-old Samyuktha Mahadevan, an active organizer with Moms Demand Action and Students Demand Action.
Firearms are the second leading cause of death for American children, and the first leading cause for the country’s black children.
Nearly 1,600 minors die by gun homicide every year. (For kids under the age of 13, most of these happen in the home.)
The gun homicide rate in the U.S. is 25 times higher than that of other developed countries.

“The idea of 3-D gun print-outs is preposterous and highly irresponsible and defeats the purpose of any existing gun laws,” says Priya. “We need to fight this foolishness at all costs.”

Adds Samyuktha, “I know in high school we had a 3-D printer and in college we have several. That makes it much more real to know that if someone so chose to, they could download and print something out so easily.”

Another bad idea? Arming teachers, says Priya. Even though Bell’s committee on school safety won’t discuss it, the Mahadevans will.

While Priya simply calls it the “stupidest idea in the world,” her youngest daughter, Shreya, illustrates a grim outcome.

Says the 9-year-old: “Anyone could pick up a gun from a teacher’s desk and start shooting it, or a child could get something from a teacher’s desk and pick it up out of curiosity and start playing with it, and then they might just accidentally pull the trigger on someone.”

Becoming bulletproof

Student activists who survived the bloodbath in Parkland have made it clear that they won’t back down. And local pupils are following their lead.

Wearing an orange T-shirt with the words “Students Demand Action” written in white, Samyuktha sat on a panel at the August 3 March For Our Lives town hall meeting at a local church, with both Charlottesville kids and faces from Parkland, who have been on tour with their message all summer.

The official March For Our Lives drew hundreds of thousands of young people to the nation’s capital on March 24 for a day of protesting lax firearm laws, advocating for gun reform, and remembering those who have lost their lives at the hands of a school shooter.

Samyuktha helped organize a March For Our Lives sister march in Williamsburg, as dozens of Charlottesville students boarded buses and headed to the big event in D.C.

Among them was then-Charlottesville High School senior Fré Halvorson-Taylor, an 18-year-old who will start classes at Columbia University this fall. Like many of her peers, she was and still is frustrated with the persistent violence in schools.

“I was disappointed with the lack of concrete response from our legislators across the country,” she says. “Every instance of gun-related violence inside and outside of schools is preventable. And I’m baffled and hurt as to why nothing is being done about it.”

Fré Halvorson-Taylor, who graduated from Charlottesville High School last spring, has advocated for stricter gun laws by helping organize her school’s participation in the National School Walkout and attending the March for Our Lives in Washington, D.C. Photo by Eze Amos

Halvorson-Taylor says growing up in the “information age,” and with social media sites that allow her generation to voice their views and contribute to community discourse is partly responsible for their boldness.

“I’m not sure we have many more problems than other generations, but we’re certainly reckoning with and facing head-on a lot of issues that have existed in our society for a while,” she says. “Speaking out comes naturally to us.”

She also had a hand in the March 14 National School Walkout, where students in schools across the country walked out of class on the one-month anniversary of the shooting in Parkland. Halvorson-Taylor and Albemarle High School student Camille Pastore wrote a joint statement that was approved by representatives from Monticello and Western Albemarle high schools, and read aloud by students at all four schools during the walkout.

For too long, we the young people, the future, have waited to speak up,” they shouted into bullhorns. “But more importantly, we’ve waited to be heard. And now our voices have been given platforms. What will we do with them?

Though hundreds of students had walked out to their respective campuses, silence hung in the air between the young activists’ words: “Our generation reacts differently to tragedy. We went to school after Columbine and dove into textbooks during Sandy Hook. That doesn’t mean we’re not scared—we are. And our teachers are scared. And we have a right to be. We attend these institutions in fear because we are targeted, we are vulnerable, and we could be shot.

The internal dialogue Halvorson-Taylor has been grappling with, she says, is how to make schools physically and emotionally safe, and where to draw the line between being prepared and making schools feel like prisons.

We’ve all heard the criticism—adults are surprised to find that the Parkland teenagers are passionate, intelligent, and articulate. But this isn’t news for us. We know how strong we can be, and that’s why we’re here now, urging you all to use your voices.

Parkland survivor Delaney Tarr has famously said the movement created and led by students is based on emotion, pain, and passion, and that some of teenagers’ biggest flaws—the tendency to lash out or be a bit too aggressive—are their greatest strengths.

Channel your anger. Make change. For the first time in a long time, the nation is listening to us. What will we tell it?

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In brief: Local Park Place, park monikers, parking suit and more

Mansion sweet mansion

Wondering what to do with the extra millions you’ve got lying around the house? Buy a new one!

Edgemont, a Palladian-inspired pad built in 1796 and surrounded by 570 acres of farmland, “is a home whose design is reputed to be the only remaining private residence attributed to Thomas Jefferson,” according to a McLean Faulconer listing on Nest Realty’s website—and it could be yours for the low, low price of $27 million.

The North Garden mansion, which has been on the market for 70 days, also comes with a pool, pool house, guest house and tennis court. In total, it houses eight bedrooms and seven-and-a-half bathrooms.

And while the price tag may be shocking for some, it really isn’t that unusual. The most expensive local sale on record was 1,582-acre historic Castle Hill on Gordonsville Road in Keswick, which sold for $24 million in 2005, according to Bob Headrick, an associate broker with Nest. (While others have been listed for more than $20 million—Patricia Kluge put Albemarle House on the market for $100 million in 2009, which her pal Donald Trump bought for $6.5 million in 2012—none have sold for quite that much moolah, he says.)


Quote of the week

“When you all think about policy changes like this, you need to make sure that in any way you’re not being bamboozled to believe that it’s a change that will be beneficial.”—Mayor Nikuyah Walker at the July 16 City Council meeting about discussions on changing the form of city government to a ward system or a strong mayor


In brief

Renaming the renamed

City Council voted 4-1 at its July 16 meeting to rename two parks for the second time in a year. Emancipation Park—the former Lee Park—will now be known as Market Street Park, and Justice Park—the former Jackson Park—will henceforth be called Court Square Park. Got all that?

Parking wars end

A two-year dispute between Charlottesville Parking Center owner Mark Brown and the city over the Water Street Parking Garage was resolved at the July 16 City Council meeting. The city will buy 73 CPC spaces and lease the center’s remaining 317 spaces, giving the city full control of the garage for 16 years.

Toscano challenger

photo Ellie Williams

Democrats gained 15 seats in the House of Delegates in 2017, narrowing its minority to 49-51, but some of the newly elected Dem delegates want to oust House Democratic Leader David Toscano, according to the Richmond Times-Dispatch. Critics say more seats could have been won with more party support. Fairfax Delegate Jennifer Boysko wants the leadership post, but it’s unclear if she has the votes to call a vote.

One lawsuit moves forward

A federal judge has ruled that a suit filed against about two dozen white supremacist individuals and groups on behalf of the victims of last summer’s Unite the Right rally can move forward.

One lawsuit gets settled

Rally organizer Jason Kessler and anti-racist activist group Redneck Revolt are the last defendants to enter consent decrees in the Georgetown Law Institute for Constitutional Advocacy and Protection suit filed on behalf of the city, downtown businesses and neighborhood associations, to prevent paramilitary groups from organizing in Charlottesville.

Unlock your doors

Well, you probably shouldn’t do that. But, according to government data supplied by online electric supply company Elite Figures, it might be ok if you did. When measuring the number of burglaries per capita in each state, they found that Virginia comes in as the third lowest in the country with 238 burglaries per 100,000 people each year—that’s 47 percent less than the national average.


By the numbers

Booze cruising

Those imbibing while driving through the Old Dominion on the Fourth of July likely didn’t enjoy their ensuing arrest. Virginia State Police say they caught approximately one drunk driver every hour during a 48-hour period on July 3 and 4.

  • 42 DUI arrests
  • 4,911 speeders
  • 1,251 reckless drivers
  • 429 safety belt violations
  • 114 child restraint violations
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‘Bittersweet’ bills: Governor signs legislation that could save the next girl

The parents of two young women who were murdered here were among those in the dignitary-filled room June 21 at Charlottesville’s Central Library, where Governor Ralph Northam signed legislation expanding the collection of DNA for misdemeanor crimes that, had it previously been in effect, could have saved UVA student Hannah Graham and Virginia Tech student Morgan Harrington.

Many there remembered the frantic search for Graham in 2014 as the school year began, and despite hundreds of searchers, it was five weeks before her body was found. Morgan Harrington disappeared in October 2009, while here for a Metallica concert. Her body was found three months later in the same part of Albemarle County as Graham’s, an area known to their killer, Jesse Matthew.

Northam’s daughter was at UVA at the same time as Graham. “These tragedies are very difficult,” he said. “We can only imagine.”

But, said the governor, “We can make changes.”

The legislation was spearheaded by Albemarle Sheriff Chip Harding, who’s long been a proponent of DNA databanks, and who originally prodded the state to fund its database in the ’90s. While everyone convicted of a felony goes into the database, Harding has pushed for collection of DNA for misdemeanor convictions, and says that 70 percent of first-time violent felons had a previous misdemeanor conviction.

“Three years ago, [Morgan’s mother] Gil Harrington worked with me and we got nine misdemeanors added, including exposing yourself, which is what Jesse Matthews Sr. did,” says Harding. Familial DNA would have linked to his son, who was convicted of a brutal 2005 attack in Fairfax, “and Morgan Harrington would never have been killed.”

In 2017, the Grahams joined Harding to urge the Virginia Crime Commission to study misdemeanors linked to violent felonies, and it identified seven more. “Of those, we only got funding for two—trespassing and domestic assault,” says Harding. Jesse Matthew was convicted of trespassing in 2010, and had his DNA been collected, “it would have prevented Hannah Graham’s death,” says the sheriff.

Brian Moran, Virginia secretary of public safety, noted, “DNA can convict the guilty, and maybe even more importantly, it can exonerate the innocent.”

The governor also signed a bill that requires fingerprints for those arrested for trespassing and disorderly conduct.

Delegate David Toscano, Governor Ralph Northam, Secretary of Public Safety Brian Moran and Delegate Rob Bell were here for the signing of legislation to collect DNA for trespassing and assault. Eze Amos

Northam called the bipartisan legislation an example of the Virginia way: “The Virginia way is working together.” House Democratic Leader David Toscano carried the bills, which got support from Republican Delegate Rob Bell, who was present and who chairs the Courts of Justice committee. Republican state Senator Mark Obenshain carried a similar version in the Senate.

John and Sue Graham came to Richmond “again and again,” said Toscano.

After the signing, Sue Graham said, “What happened to Hannah won’t happen to another young woman in the same way.”

“It’s been a long time coming,” said Harrington, who founded Help Save the Next Girl. “So many points along the way, this legislation would have stopped Jesse Matthew. It’s too late for Morgan.”

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‘Big deal’: Nearly 5,000 locals eligible for coverage with Medicaid expansion

Mary Linn Bergstrom was in Boston over Memorial Day when she got a really bad, eyes-swollen-shut case of poison ivy. “I had to wait to go to the doctor until I had enough money in the bank,” says the 38-year-old Nia instructor.

Bergstrom is one of almost 5,000 people in Charlottesville and Albemarle who will qualify for Medicaid under the biennial budget Governor Ralph Northam signed June 7 that expanded health insurance coverage for nearly 400,000 Virginians who make too little to qualify under the Affordable Care Act or too much—or are too healthy—to qualify for Medicaid.

Her doctor’s visit and medication cost almost $400. “I think it’s pretty common to not have that amount of cash on hand,” she says.

And being in Massachusetts, which passed an individual health care mandate in 2006, people found it hard to believe she didn’t have insurance. “Everyone was arguing with me that of course you have health insurance, you must have forgotten your card,” she says.

Bergstrom makes around $7,000 or $8,000 a year, depending on how many classes she teaches. “My last wellness checkup was 11 or 12 years ago,” she says, and the last time she checked, health insurance would cost her around $500 a month. She lives in a household of three working adults who pay all their bills. “Health insurance is the only bill we cannot afford, or even imagine affording,” she says.

To House Minority Leader David Toscano, Medicaid expansion is a “really big deal” and one he’s worked on for the past five years.

Former Governor Terry McAuliffe made it a lynchpin of his administration, but he left office with no success in the face of a recalcitrant Republican-controlled General Assembly.

That all changed with the 2017 elections that swept 15 Democrats into the House of Delegates. “I began to see the possibilities after the election last fall,” says Toscano. Native son Northam won by nine points—“the widest margin of any statewide candidate. There’s always a number of reasons why, but of all of them I think the election was the biggest.”

Toscano represents all of Charlottesville and parts of Albemarle, and 3,400 people in his 57th District could be eligible for coverage, according to the Commonwealth Institute for Fiscal Analysis. And Toscano says as many as 10,000 could be eligible in the region, a “not inconsequential” number.

Virginia’s Medicaid program is one of the most restrictive in the country, with disabled individuals making more than $9,700 a year ineligible, as were poor, able-bodied, childless adults. The expansion allows people making 138 percent of the federal poverty level—$16,643—to be covered, with the federal government picking up 90 percent of the cost.

The expansion has a work requirement, which Tory Brown, spokesperson for Progress Virginia, says will lessen the gains in coverage and require an expensive bureaucracy to manage. “The work requirement was a bit of face saving for Republicans,” she says. “It’s not really that people are too lazy to work.” For people who have to work to get care but need care to be able to work, she calls it a “catch 22.”

Lena Seville, who ran for City Council in 2015 and has no health insurance, is worried that the work requirement could affect her eligibility for Medicaid coverage. “I’m in the middle of starting my own business,” she says, and whether she can get health insurance will depend on how the work requirements are written.

She says she’d hate to have to give up her volunteer work and new business to search for jobs, “which I already do and it’s hard to get a good fit.” Says Seville, “I was excited, but now I’m cautious. I may not have health insurance when it’s done.”

Virginia Organizing board member Emma Hale points out that a lot of people work full-time and don’t have health insurance. “We have a lot of places that don’t pay a living wage—the university is one of the worst offenders.”

People without insurance often delay treatment, she says, and Medicaid expansion could “prevent people from dying.”

Pam Sutton-Wallace, CEO of UVA Medical Center, doesn’t expect “measurably significant” changes from Medicaid expansion because nearly 30 percent of the hospital’s patients already are either on Medicaid, self pay or are indigent. “What we’re likely to see are more self-pay patients using Medicaid,” she says.

Her concern is whether the newly eligible will have access to primary care. “Some doctors aren’t accepting new patients,” she says. That, and whether emergency rooms will see a drop in the number of patients who wait until the last minute to seek care are “areas ripe for study.”

“I want to take preventive action so I don’t run into problems later on,” says Bergstrom. “We would gladly add in the cost of health care for me if it was a number remotely in reach, but we cannot spend nearly 80 percent of my income on one budget line item.”


Who benefits

The Commonwealth Institute for Fiscal Analysis estimated the number of people who would be eligible for health insurance coverage under Medicaid expansion by legislative district and locality. Here are the numbers for the districts of the four delegates who represent Charlottesville and Albemarle, and how they voted.

25th District

2,000 eligible in Western Albemarle, Augusta and Rockingham counties

Delegate Steve Landes voted no on expansion

57th District

3,400 eligible in Charlottesville and parts of Albemarle

Delegate David Toscano voted yes

58th District

3,100 eligible in parts of Albemarle, Fluvanna, Greene and Rockingham counties

Delegate Rob Bell voted no

59th District

3,300 eligible in southern Albemarle, parts of Appomattox, Buckingham, Campbell and Nelson counties

Delegate Matt Fariss voted no

Correction June 14: Emma Hale’s name was misspelled in the original version.

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Wrongful delay: Virginia continues to victimize Robert Davis

It wasn’t enough that a wrongful conviction took nearly 13 years of Robert Davis’ life. Now, two years after he was released from prison and more than a year after then-Governor Terry McAuliffe granted him a full pardon, the General Assembly is stalled in a budget war that threatens to hose Davis’ state-mandated compensation.

Delegate David Toscano carried the bill that would give Davis nearly $600,000, and it passed the House 100-0. But when it went to the Senate, it became entangled in the Senate’s budget that does not expand Medicaid and the House’s, which does. That difference caused the Senate to slice expenditures, even for the wrongfully incarcerated.

Davis was 18 years old when he was named as a participant in a February 2003 murder of Nola Charles and her 3-year-old son. After being subjected to a police interrogation that resulted in what’s been called a “textbook” false confession, Davis entered an Alford plea and was sentenced to 23 years in prison.

It was only after two siblings convicted in the slayings, Rocky and Jessica Fugett, admitted that Davis had nothing to do with the deaths, that he was released from prison December 21, 2015.

“It’s frustrating,” says Davis. “I made $12,000 last year,” working four and five part-time jobs.

The General Assembly has a formula to compensate the wrongfully incarcerated that’s based on 90 percent of the state’s per capita income.

“I don’t think it’s fair,” says Davis’ attorney Steve Rosenfield. “It does not take into account the 12 years of a young man’s life. It doesn’t take into account going to the movies or getting a pizza—all the things that were denied Robert.”

If the General Assembly agrees to the compensation, Davis would get an initial lump sum of $116,463 as soon as he signs a release agreeing to not make further claims against the state. The balance of nearly $466,000 goes to purchase an annuity for Davis, who is also entitled to receive $10,000 for tuition at a Virginia community college.

Davis says he’d use the lump sum to pay off debts and buy a reliable vehicle. “I’m so afraid my car will die on me,” he says.

He also wants to take classes to get electrical or HVAC certification. “I want to get educated,” he says. “I know I can’t live off this money forever.”

The General Assembly session adjourned March 10 without voting on a final budget bill, and the fate of Davis’ compensation is uncertain. If the General Assembly does not have a budget to fund government operations on July 1, Governor Ralph Northam will likely propose a new budget and require a vote.

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Dominion’s win: Bills reduce refunds, thwart SCC regulation

It was a bill that had its own meme.

“When Dominion writes the law: We pay twice. They get richer,” said a post that swept the web with the hashtags #HB1558 #KILLTHEBILL and #STOPTHESCAM before the House of Delegates voted to pass the bill 63-35 on February 13.

The bill was a response to the Utility Rate Freeze Bill of 2015, which froze electricity rates, but also removed the State Corporation Commission’s review of the rates of major utility companies like Dominion Energy until 2022.

Over the past couple years, Dominion has gained massive “overearnings” of several hundred million dollars, says Delegate David Toscano, who represents Charlottesville and Albemarle County in the 57th District. HB1558 and its Senate counterpart, SB966, would require Dominion to give refunds to its customers and lead to major investments in energy conservation.

Toscano has called the legislation some of the most significant of this General Assembly session, and though he voted against the bills, he attached an amendment that would prohibit Dominion from “double dipping” by charging ratepayers twice to update the grid and for investments in renewable energy. Put simply, the utility company won’t be able to take from refunds owed to ratepayers—that’s one dip—and still charge extra to finance the same projects—the second dip.

The same amendment was placed on the Senate bill, which passed the House 65-30 on February 26.

“Few would argue that there are some substantial benefits derived from this bill,” Toscano said in a letter to his constituents. Dominion customers will receive $200 million in refunds over the next two years and an immediate rate reduction of at least $125 million. The bill supports renewable energy and requires the utility company to invest almost $1 billion in grid modernization.

But in Toscano’s dissenting vote, he declares that problems with the bill remain. The SCC’s ability to control rates is restricted, and any future rate reductions could have to wait much longer than if the organization immediately resumes regulation.

Costs incurred for utility undergrounding projects have been deemed “reasonable and prudent” without the SCC knowing the actual costs, says Toscano, and that could make ratepayer refunds less than the $200 million promised by the bill.

“SB966 requires Dominion to refund ratepayers just pennies to the dollar of what we are owed,” says Elaine Colligan, director of the Clean Virginia Project, which is a local independent initiative funded by investor Michael Bills and run out of Tom Perriello’s New Virginia Way PAC.

As for future overcharges, Colligan says the bill postpones SCC review of base electricity rates until 2021, and if the organization finds that consumers have been overcharged, it can only order refunds up to $50 million. In 2016 alone, Dominion overcharged customers an estimated $395 million, she adds.

“This is simply a bad deal,” she says. “Consumers should be refunded 100 percent of what we are owed.”

Dominion Energy, a private corporation, owns the publicly regulated electric monopoly in Virginia and, according to Colligan, it is permitted to spend unlimited amounts in campaign contributions and political gifts.

“The passage of SB966 is symptomatic of Virginia’s unique style of political corruption,” she says. “In the absence of publicly financed elections, a full-time and well-funded state legislature and checks and balances on Dominion’s influence on our representatives, we can only expect that the company would try to ram a utility bill through the General Assembly that is a windfall for their profits.”

If the Senate bill is signed into law, Dominion spokesperson Rayhan Daudani says customers will begin seeing refunds in their July bills. The average bill is about $115.75 a month, and the average customer can expect to see a $6 credit for about nine months. Customers can also expect about $125 million in rate reductions from federal tax legislation, he says.

“When you factor in these rate credits, it’ll lower them down to the same rate [customers] were paying in 2009,” he says.

Dominion has drawn major controversy and criticism because of its efforts to build the Atlantic Coast Pipeline, a $6 billion and 600-mile gas fracking pipeline that the Federal Energy Regulatory Commission approved in October.

Charlottesville resident Kay Ferguson, who also opposed the utility rate bills, says she’s become familiar with the company in her fight against the ACP.

“It is a big bully,” she says. “It does have a chokehold on the government in Virginia.”

But, says Daudani, “That’s the way the political process is set up. It requires us to make sure our voice is heard alongside other groups that may have their own priorities.”

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In brief: Unregulated militia, the sixth man and more

August 12 bills killed

After white supremacists invaded Charlottesville with violent clashes that left activist Heather Heyer dead and the community traumatized, legislators carried bills to the General Assembly to give localities more muscle in avoiding such gatherings in the future. Attorney General Mark Herring also wrote a couple of bills to combat white supremacist violence—to no avail.

Senator Creigh Deeds

  • Allow Charlottesville and Albemarle to prohibit the carrying of firearms in public.
  • Prohibit impersonating armed forces personnel.
  • Prohibit wearing clothing or carrying weaponry commonly associated with military combat at permitted events.

Delegate David Toscano

  • Allow Charlottesville and Albemarle to prohibit carrying firearms with high-capacity magazines.
  • Allow any locality to prohibit carrying firearms at permitted events.
  • Localities may remove war memorials.

Attorney General Mark Herring

  • Define domestic terrorism as violence committed with the intent of instilling fear based on one’s race, religion, national origin, gender or sexual orientation. The state police superintendent could designate domestic terrorism organizations.
  • Paramilitary activity is unlawful if done with intent to intimidate with firearms, explosives or incendiary devices.

In brief

Power-less

Dominion Energy says it’s restored power to 42,000 customers in Albemarle following the nor’easter that hit the area starting March 1. At press time 721 were still without electricity.


“We’re like a mosquito on the giant’s ankle.”—Kay Ferguson about anti-Dominion protesters


ACC accolades

Virginia secured the No. 1 seed and won its final home game of the season against Notre Dame March 3. Tony Bennett was named ACC Coach of the Year, Isaiah Wilkins was named Defensive Player of the Year and De’Andre Hunter was named Sixth Man of the Year.

NBC29 anchor dies

Sunrise and noon anchor Ken Jefferson, 65, died unexpectedly March 4 after a brief illness. According to NBC29, he began his broadcast career with a pirate radio station as a boy. He worked at WHIO in Dayton, Ohio, and WWSB in Sarasota, Florida, before coming to Charlottesville in 2011.

Free tampons in jail

The General Assembly passed a bill February 27 that provides free feminine hygiene products to women incarcerated in Virginia’s prisons and jails. Bills to eliminate the sales tax on menstrual supplies for the non-incarcerated died in House committees.

Cop-car escapee pleads guilty

Matthew W. Carver, 26, whose six-week crime spree last summer included breaking into a Crozet woman’s house and stealing her car, multiple B&Es and kicking out the window to escape from a patrol car while handcuffed and shackled, pleaded guilty to 21 felony counts February 28 in Albemarle Circuit Court. He’ll be sentenced June 6.

Not just talking turkey

When a tractor trailer overturned on Rockfish Gap Turnpike February 25, Albemarle police said on their Facebook page that several turkeys got loose and “enjoyed a night under the Crozet stars” until an animal control officer picked them up the next day and “safely wrangle[d] the rafter into a pretty sweet new ride courtesy of the ACPD.” A rafter is a group of turkeys.

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DOA: Gun safety bills die in subcommittee

Andy Goddard has been going to the General Assembly since 2008, the year after his son was shot four times in the 2007 Virginia Tech massacre. In his 11th year monitoring the legislature and how it deals with mass murders and guns, not much has changed.

“It’s the same old thing,” says Goddard, who’s the legislative director for the Virginia Center for Public Safety. “The one subcommittee in the House that kills all the gun bills used to be 4-1 Republican majority.” Now, with last fall’s Democratic insurgency in the House that brought it to a 49-51 minority, the Militia, Police and Public Safety subcommittee that handily dispatches anything that could restrict gun ownership added another Dem and is now 5-2. “Ludicrous,” says Goddard.

House Democratic Leader David Toscano agrees and says the subcommittee makeup is “unproportional” to the nearly even split of the House.

Subcommittee No. 1 includes southern Albemarle’s delegate, Matt Fariss, a Republican from Rustburg. Fariss did not return phone calls from C-VILLE Weekly to explain why measures such as requiring family day care centers to lock up guns after a 4-year-old boy killed himself in Orange last spring or banning bump stocks—the device used in Las Vegas to slaughter 58 people and wound hundreds—failed.

“Every year we see this,” says Gay Einstein, who heads the Charlottesville Coalition for Gun Violence Prevention. “Bump stocks—really?”

Her group started after the December 14, 2012, Sandy Hook Elementary School massacre of 20 first-graders in Newtown, Connecticut. The inability to nudge Virginia legislators to support gun safety measures is depressing, says Einstein, despite increased interest in preventing mass murders. The group took a bus of 32 people down to Richmond in January to lobby.

Goddard says 113 firearms-related bills were introduced in the General Assembly this session, and his organization supported 83 of them. Of those, “81 have gone down,” says Goddard.

One of the two survivors is a bill state Senator Creigh Deeds carried that would put restrictions on gun possession on minors who were involuntarily ordered to undergo mental health treatment.

The other? A “stop gun violence” license plate. “The gun boys got really upset and threw everything at that one,” says Goddard, who wonders how gun violence can be stopped when legislators “can’t even abide the words on a license plate.”

Despite the steadfast defeat of firearms restrictions in Richmond, in the wake of the Parkland, Florida, high school slayings and the national student-led outrage, Toscano is calling upon fellow legislators to reopen the conversation. “There are three items worthy of discussion,” he says.

First, banning bump stocks. Second, banning the sale of assault weapons to people under 21. “If we could have prevented the sale of an AR-15, the Florida shootings would not have occurred,” he says. And third, a “gun prevention protective order,” which would allow a court to remove guns from someone deemed mentally ill and dangerous “like the guy in Florida,” a measure that has support in conservative and liberal camps, says Toscano.

He knows he needs help from across the aisle to get anything done as this year’s session winds down, and on February 27, he says, “I’m going to challenge Republicans to join us.”

Despite the steadfast defeat of firearms restrictions in Richmond, in the wake of the Parkland, Florida, high school slayings and the national student-led outrage, House Democratic Leader David Toscano is calling upon fellow legislators to reopen the conversation.

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Shifting ground: What to expect in this year’s General Assembly session

If you thought 2017 was a year like no other, well, 2018 will likely continue to ride the tide of the unprecedented, at least according to what we’ve seen in the new year’s first week.

The General Assembly begins its session January 10 with a tsunami shift from last year’s seemingly unbreachable 66-34 GOP majority. The makeover from the November 2017 election unseated 15 white male Republicans. Among the 15 Democrats taking office are 11 women, including the state’s first transgender legislator, first openly lesbian delegate, first Asian American and first Latinas.

For a few months, it looked like the legislature would be evenly split 50-50, until a random drawing January 4 kept the balance of power with the Republicans 51-49 when the 94th District’s David Yancey’s name was pulled out of a bowl to break the tie with Dem Shelly Simonds.

Even if Simonds asks for another recount, which means Yancey won’t be seated until the recount is certified, the GOP will hold a 50-49 majority, enough for it to elect Kirk Cox to succeed longtime speaker Bill Howell.

“We’ve never had a tied race for equitable distribution of the House of Delegates,” says State Board of Elections Vice Chair Clara Belle Wheeler. “We’ve never had a 50-50 split. There’s no protocol on how to pick a speaker.”

That crisis was averted, but questions remain about how the shift in power will affect legislation and committee assignments, where previously, Democratic bills went to die in subcommittee.

“The speaker has immense power,” says former Daily Progress political reporter Bob Gibson. “He has the ability to assign all members to all committees—at any time. The speaker assigns all bills to committees. It’s unlike anyone in the Senate.”

House Minority Leader David Toscano is optimistic that Cox won’t stack committees with Republicans because for the past two decades, the House leadership has agreed to proportional representation on committees.

Of course, those proportions look a lot different with a 66-34 majority than a slimmed down 51-49 majority.

“There is no doubt November 7 was an earthquake in Virginia,” says Toscano.

UVA Center for Politics’ Geoffrey Skelley says, “On the face of it, it’s a closer divided chamber. Previously, when Republicans were working with a very large majority, they could ignore anything Democrats had to say.”

Going in to the session even with a slim majority, “the GOP doesn’t have to worry about power sharing,” says Skelley.

The nearly even body has led Toscano to warn his members to not call in sick and not go to the bathroom during the floor session, in case a close vote is called while the member is away, the Washington Post reports.

And it’s not like shenanigans haven’t taken place in both chambers in the past.

The last time the House was this closely split was in 1998, when Dems held 50 seats and the GOP had 49, plus an independent who tended to vote with Republicans. “When the session opened, the Democrats had a slight majority and reelected Thomas Moss as speaker before other Republicans could be seated,” recounts Skelley. “There was a lot of outrage.”

And in 2013, with a 20-20 Senate split, Republicans took advantage of Democratic Senator Henry Marsh’s absence to attend President Barack Obama’s inauguration to vote to redraw the lines and take a chunk out of Marsh’s district.

Skelley doesn’t think the GOP can write off Dem political pressure after the 2017 election, especially with midterm congressional elections looming. “At the same time, in this partisan era, I’m going to vote on them battening down the hatches, especially if they’re stacking committees.”

Skelley points out that the House makeup could still shift if Simonds calls for a recount. And that’s not the only district where election results are being challenged. In the 28th District around Fredericksburg, where Republican Bob Thomas won by 73 votes after a recount, voters have filed suit in federal court asking for a special election because 147 voters were given the wrong ballots for their district. “That’s another potential sleeping dog,” he says.

And while all attention has been focused on the uncertainty in the House of Delegates, Republicans hold a slim 21-19 lead in the Senate, with a Democratic lieutenant governor as tiebreaker, offering an opportunity for bipartisanship in the usually more moderate body.

Albemarle Delegate Rob Bell, a Republican who’s heading to Richmond for his 17th session, is not perturbed by the influx of Dems. He says he’s served in close sessions before, as well as under both Republican and Democratic governors. “For a bill to become law, Governor Northam has to sign it, and we have to work together for that to happen,” he says.

Speaker Cox hasn’t made committee assignments yet, but with Bell the vice chair and senior member of the Courts of Justice committee, it’s possible he could end up chair. [Update January 11: Bell was named chair.]

State Senator Creigh Deeds was in the House of Delegates the last time it was this closely split in 1998, and he says most Republicans there now have no experience not being in the super majority. Photo by Jackson Smith

Twelve-term Republican Delegate Steve Landes, who represents western Albemarle, also has accrued seniority, and last year was chair of the education committee and vice chair of appropriations.

“One of my concerns is from listening to a lot of new members, who seem to be anti-business,” says Landes. “When the governor-elect is trying to improve the economy, saying business is the enemy” is not helpful, he says.

Landes offers a different perspective from pundits on how the House will operate with the influx of Dems. “The majority of what we do is not partisan.”

As for the still possibly up-in-the-air election results, says Landes, “We’ll play the cards we’re dealt.”

The General Assembly is a part-time gig, with the budget session lasting 60 days if all goes well. To Republican Delegate Matt Fariss, who represents southern Albemarle, some of the newly elected delegates seemed unaware that they need to be in Richmond for eight or nine weeks.

“My freshman year there were 13 of us,” he says. Adjusting to the House was like “drinking water from a firehose,” he says. “We knew to be quiet and learn.”

When it comes to his new colleagues, he says, “It’ll be interesting to see what they can get done.”

State Senator Creigh Deeds, who first came to the General Assembly in 1992, says the biggest difference will be “most Republicans in the House of Delegates have never been there when they didn’t have a supermajority.”

Says Deeds, “I think having to work with the other side is not a bad thing in a democracy.”


Big issues

Biennium budget

Every other year, the General Assembly makes a budget, and this is the year. 

“The budget will be and always is the biggest issue,” says Landes. “The unknown is whether we’ll have additional dollars. That could help us or hurt us.”

“The hardy perennials are still there—education, Medicaid and Medicaid expansion,” says Bell.

“The good news is our economy is picking up,” says Toscano. The biennium budget outgoing Governor Terry McAuliffe submitted has $500 million earmarked for new Standards of Quality for education, including teacher salaries, he says.

“Teachers and rural sheriffs’ departments need to get paid more,” says Fariss. “They’re having a hard time keeping deputies.” And he wants to avoid the situation of a couple of years ago when state employees were promised 2 percent raises, only to have state revenues fall short.

Medicaid expansion

McAuliffe pressed to expand Medicaid for 400,000 uninsured Virginians and take federal Affordable Care Act dollars every year he was in office—to no avail in the GOP-dominated General Assembly.

Bell, who is not a supporter of expanded Medicaid, refuses to speculate on how it will fare this year. “I always hesitate to predict,” he says.

“We have a real shot at doing that,” offers Toscano. 

“I honestly think Medicaid expansion has a real chance this year,” says Deeds, because the need for coverage continues to grow, especially in mental health.

Former reporter Gibson also says Medicaid expansion has a better chance, especially with a couple of moderate Republicans in the Senate open to the idea. And he points out that Democratic Governor-elect Ralph Northam, who campaigned on expanded health care, strikes a “cooperative, bipartisan tenor.”

Northam is also the first governor elected who’s a Sorensen Institute alum, notes Gibson, who used to head the political leadership institute. “He’s a true moderate.”

However, Skelley says the Republicans who lost their seats in the House were the moderates. “If the House is even more conservative, that would auger poorly for Medicaid expansion. That’s such a polarizing issue.”

Nonpartisan redistricting

As more citizens understand the impact of gerrymandering, which gave Republicans their 66-34 House of Delegates majority despite Democrats winning all statewide races since 2012, the call for reform continues. 

Previously, “anti-gerrymandering bills, despite Republican support, get killed in subcommittee,” says Gibson, who also co-chairs with former lieutenant governor Bill Bolling, a Republican, an advisory panel with One Virginia 2021, a bipartisan group advocating—and litigating—for compact, contiguous line-drawing when redistricting occurs in 2021 after the 2020 census.

Toscano says redistricting reform “may have a shot and Republicans could say, ‘We’d be better off with nonpartisan redistricting, especially if the Democrats are drawing the lines.’” But such reform requires a constitutional amendment, not an easy process that must go before voters twice before it becomes law. 

“I could imagine some consensus on that,” says Skelley. “However, it would have to get out of committee.” The reform requires General Assembly members giving up their right to draw the lines and a constitutional amendment. 

“It could be an opportunity for progress,” says Skelley, adding, “I’m skeptical.”


Local legislator bills

Following the summer of hate in Charlottesville, Toscano and Deeds will be carrying bills designed to lessen the area’s attractiveness as a place for violent clashes.

One bill adds Charlottesville and Albemarle to the 10 or so localities in the state that can prohibit people from carrying guns in public places, Toscano says.

Another would allow localities to determine what to do with monuments in public spaces, an issue that’s currently being litigated in Charlottesville after City Council’s vote to remove two Confederate monuments. “Mine would clear that up,” says Toscano.

A third bill was proposed by McAuliffe, who wanted Toscano to carry it, says the delegate. “It gives more flexibility for localities to regulate weapons around demonstrations like August 12.”

Toscano predicts there will be a lot more gun-safety legislation, much of it coming from Northern Virginia delegates who ran on issues such as restricting bump stocks, like those used in the Las Vegas massacre, or reinstating Virginia’s purchasing-one-gun-a-month prohibition.

Going into this legislative session, House Minority Leader David Toscano has warned Democrats not to call in sick or even go to the bathroom during the floor session, in case a close vote is called while the member is away. Photo by Elli Williams

The long-term viability of solar energy depends on the ability to store energy when the sun is not shining, says Toscano, and he’s carrying two bills to encourage increased battery capacity, including tax credits.

And he’s got money in the budget to go to the Daughters of Zion to help figure out who is buried in the downtown cemetery.

Bell is carrying one of his perennials, the Tebow bill, which would allow homeschooled students to participate in public school sports. “McAuliffe vetoed it three times,” he counts.

Bell’s bills typically deal with criminal justice, and this session he’s trying again with restitution reform. Its numbers “shock the conscience,” he says—$230 million overdue to victims.

Service dogs in court became an issue here recently, says Bell, so he wants to define what exactly a service animal is and what sort of notice must be given to have them show up in courtrooms.

He’s also got a bill that re-examines the statute of limitations for animal cruelty.

Landes usually carries legislation dealing with education, and this year he has a bill that establishes academic standards for dual-enrolling high school students who take community college courses. He also wants to make it easier to move from other professions into teaching to alleviate the teacher shortage, and proposes shortening a collegiate teacher-certification program from five to three years.

Last year Landes caused a stir when he tried to modify the ironclad revenue-sharing with Charlottesville that’s widely loathed by Albemarle residents. “I’m looking at that and hoping to reopen talks between the city and county,” he says.

Redistricting reform is not typically an issue for Republicans, but it is for many of Landes’ gerrymandered constituents, so he’s taking another crack at it, this time focusing on the process around line drawing so that localities don’t make precincts that the legislature will split.

Rustburg resident Fariss says his bills are aimed at reducing regulations to make it easier for people to do business. For example, a single proprietor locksmith has to jump through the same hoops as a business with 10 people, he says.

And Fariss has had it with hunters who dump animal remains all over the place. “It makes me so mad when these deer hunters throw deer carcasses out along public roads,” he says. He wants stiffer penalties and to draw attention to the unsightly littering.


The bills

Legislators file thousands of bills—literally—during their 60-day session, most of which die quietly in subcommittee. Because the elected ones have until the morning of January 10 to get those bills filed, we’ve only seen a smattering of legislation. 

Here’s some of what the General Assembly will be considering.

• Menstrual supplies exempt from sales tax, aka the Dignity Act. If you’re betting this bill didn’t come from a man, you’d be right. Another bill provides female inmates menstrual supplies at no extra cost.

• Swearing or cursing in public no longer a crime.

• Elimination of the Kings Dominion law. A couple of bills would allow localities to set their own school calendars, rather than have to request permission from the General Assembly to start school before Labor Day.

• Absentee voting for any reason, unlike current law that only allows specific excuses for not showing up at the polls on election day to vote.

• Female genital mutilation would become a Class 6 felony rather than the misdemeanor it currently is.

• Grand larceny threshold. Currently stealing something that costs $200 is a felony. Various bills up that limit to $500, $750, $1,000 and $1,500.

• Fornication between unmarried people would no longer be a crime.

• No talking while driving. Virginia could join the many other states that prohibit use of a handheld cellphone while driving. 


Former registrar: Newport News panel botched recount

Former Albemarle County registrar Jim Heilman, who has traveled all over the world monitoring elections in developing democracies, has been through at least eight recounts. “I believe I’m fairly knowledgeable about recounts,” he says.

And that’s why he feels qualified to declare that the three-judge panel handling the recount in the 94th District, upon which control of the House of Delegates hinged, made “two major mistakes.”

Democratic challenger Shelly Simonds trailed Republican incumbent David Yancey by 10 votes in the November 7 election for the 94th District seat representing the Newport News area. 

A December 19 recount put Simonds ahead by one vote. The Republican leadership sent its congratulations and the recount results went to a three-judge panel the next day for certification.

That’s where things went screwy, say Heilman, who also is a member of Albemarle’s electoral board, but stresses he’s speaking personally, not as a board member.

Overnight, an unnamed Republican contacted one of the judges and said an invalid ballot should be counted, says Heilman. And the three-judge panel reopened the recount.

“Mistake No. 1,” he says.

Former Albemarle County registrar Jim Heilman says a three-judge panel made two big mistakes in the Newport News district recount. Photo by Eze Amos

He explains that recount officials are appointed by each party, and with Democratic and Republican observers on hand, they feed all of the paper ballots through the optical scanners, which kick out undervotes or overvotes. Those are the ones recount officials scrutinize, he says.

And if there are questions about the ballot’s validity, it goes to the three-judge panel, says Heilman.

The ballot in question, which had bubbles filled out for both Simonds and Yancey and a line through Simonds’ name, was declared invalid by the recount officials, who signed off on the recount, as did the registrar, says Heilman.

“The three-judge panel has no reason to open the recount,” says Heilman. “The election is over. Under the Code of Virginia, they had no legal right to reopen the recount.”

The second mistake, he says, was to count the vote for Yancey. 

“The universal principle is that the intent of the voter is clear,” says Heilman. State election guidelines have “pages and pages” on what constitutes clear intent and whether a ballot is valid or invalid, he says.

The judges looked at other races marked on the ballot and reasoned that because the voter went Republican, using an X to indicate Ed Gillespie for governor, the intent was to vote for Yancey.

“No, no, no,” says Heilman.”It could be a split ticket. They shouldn’t be looking at other races.”

State elections guidelines are clear, he says. “Two shaded bubbles is an invalid ballot.”

Albemarle resident and State Board of Elections Vice Chair Clara Belle Wheeler disagrees, and says a 2015 revision in the rules for recounts allows the ballot to be counted if the intention is understandable. “The three-judge panel deliberated for over two hours,” she says, and until the panel certifies the recount, “It’s not a done deal.”

Heilman and Wheeler agree about one thing: If a voter marks the wrong candidate, he should get a new ballot.

Heilman says the optical reader likely would have had a pop-up screen indicating a problem with the ballot when the vote was cast. “I guess the voter didn’t want a new ballot,” he surmises.

The three-judge panel declared the race a tie at 11,608 votes each. The panel refused to reconsider Simonds’ challenge to the recount, and less than a week before the General Assembly was gaveled into session, Yancey won a drawing out of a bowl January 4, giving Republicans a 51-49 majority in the House and the opportunity to elect a GOP speaker.

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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.