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Superintendent says Confederate imagery disrupts learning, but board chair postpones vote

resolution to ban Confederate imagery on clothing in Albemarle schools was back on the agenda at the February 14 Albemarle County School Board meeting. The last time the issue came up, in August, six people were arrested.

School board members were split on the issue, and again postponed a decision, to the dismay of both attendees and Superintendent Matt Haas, who said he was ready to ban the imagery because it created a disruption to learning.

Haas says that rationale, supported by a recent report from the School Health Advisory Board that concluded Confederate imagery might be harmful to students, could protect the board should a lawsuit ensue. But several school board members, citing a 2003 First Amendment lawsuit from a Jack Jouett sixth grader not allowed to wear his NRA T-shirt, expressed concerns about infringing on students’ rights.

At first, the meeting was business as usual. After commending eight Albemarle students on qualifying for the Daily Progress Regional Spelling Bee, board members listened to local middle schoolers attest to the importance of extracurricular civics programs.

Then came public comment. Most speakers, many with Hate-Free Schools Coalition of Albemarle County, pressed the board to pass the resolution banning Confederate imagery. They delivered impassioned pleas stressing that minority children cannot feel safe around classmates wearing Confederate imagery, as audience members stood up in solidarity.

“To allow children to wear [Confederate imagery], carry it into a school, is no different from having them bring in swastikas,” said Matthew Christensen, a social worker. “I have seen the violence. I have seen the hatred. It has such an impact on our kids and it’s going to stay with them; it’s not going to go away when the image disappears.”

Star Peterson, one of the victims injured in the August 12 vehicular assault, spoke about the use of Confederate imagery during local hate rallies in 2017. “During the summer of hate…Richard Spencer and his people marched by a family festival with Confederate flags,” she said. “I can tell you I saw Confederate flags at a KKK rally. I can tell you I saw Confederate flags with my own eyes at the Unite the Right rally. There is no question of their significance.”

Before proceeding to debate, the board reviewed new items added to the Albemarle County schools budget, such as $30,000 earmarked for panic buttons. Then, it took a 30-minute break.

When the meeting reconvened, Assistant Superintendent Bernard Hairston submitted the resolution.

Board members Steve Koleszar, Kate Acuff, and Jason Buyaki, who wore a Confederate tie at one of the board’s previous discussions of the topic, said they felt the ban violated the First Amendment and failed to solve the underlying problem of racism.

Chair Jonno Alcaro implied he was reluctant to pass it for similar reasons, and decided to table the resolution until the next meeting, on February 28, to hear public concerns and allow the board more time to review the language.

Many in the audience were stewing. Amidst shouts of “coward” and “you’re supporting fascism,” Lara Harrison stood in front of the dais and flipped board members off with both hands.

After a minute of murmurs and muffled laughter, Alcaro noticed and asked her to sit down. “I’m not disrupting the meeting,” she replied, sitting on the steps. “I thought you were in favor of free speech.”

She returned to her seat after Alcaro threatened to have her removed.

Harrison had been arrested for trespassing during the special August 30 school board meeting concerning the same policy, though the charges were later dropped.

Audience interruptions continued throughout the meeting, but those heckling the board either stopped after being threatened with removal or stormed out of the auditorium.

Board member David Oberg supported the resolution, as did Graham Paige, who said he had evolved on the issue. Citing the School Health Advisory Board report, Katrina Callsen also supported the resolution.

“I think Confederate imagery should be banned from schools,” she said, comparing it to gang imagery. “Our city was the site of one of the largest hate rallies in recent history and the Confederate flag was a hate symbol.”

All board members in favor said they were willing to face a lawsuit but didn’t think it would happen because of the violent history of the flag in Charlottesville.

In response, Koleszar alluded to MLK. “You know, Martin Luther King warned about how the Northern liberal was more dangerous than the white racist,” he said.

“I am not a Northern liberal,” Paige retorted. The room erupted in laughter.

Haas said he would use his authority to prevent students from wearing Confederate imagery in the meantime. “I want a green light to work with the administrative team to have a plan to proactively tell families that the school board supports our current dress code,” he said. “I am now saying that you cannot wear these outfits to school.”

Nobody objected.

Before adjourning, Alcaro suggested the meeting prompted a change of heart. “I look forward to approving the anti-racism consent resolution in the next meeting,” he said. “I’ve heard a lot that I really need to think through.”

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County warning: School board activists go to trial

Five anti-racist activists were in court October 30, following their arrests at an August 30 special meeting of the Albemarle County School Board. But many community members feel like only one was handed down the verdict she deserved.

While Lara Harrison’s trespassing charge was dropped, four others were convicted of trespassing or obstruction of justice.

“There’s a little history to this,” said defense attorney Janice Redinger, who represented Harrison and Andrea Massey. Both moms were charged with trespassing after allegedly disrupting and refusing to leave the Albemarle County Office Building where the school board meeting was taking place.

At an August 23 meeting, the activists—many with the Hate-Free Schools Coalition of Albemarle County—showed up to speak during the public comment session to ask the school board to ban Confederate imagery and other hate symbols from the division’s dress code. Most didn’t get the chance.

Redinger said in court that Harrison was the only person allowed to speak before the school board shut the meeting down for alleged disruption. Activists were snapping their fingers in agreement with Harrison’s comments, “the least disruptive thing that one can do in order to share your support,” Redinger pointed out. But the school board alleges other disruptive activity such as cheering.

The aborted meeting was continued August 30, but the school board did not allow for any public comment. So some activists decided to hold their own “community meeting” in the lobby outside of Lane Auditorium, she said.

These activists, including Harrison, began chanting, singing, and clapping for their cause. Alleging that they were still disrupting the meeting happening inside of the auditorium behind closed doors, County Executive Jeff Richardson testified that he approached Harrison and another woman and asked multiple times, “Please quiet down or you will have to leave.” He said he never specifically directed any officer to begin making arrests. “My goal was for the group to just quiet down.”

Richardson said he turned to Lieutenant Terry Walls and expressed concern that the activists weren’t quieting down or leaving, and Walls testified that he then began making arrests, starting with Harrison.

Redinger argued that the arrest was unconstitutional because Richardson never explicitly directed Walls to break out the handcuffs, and only Richardson had the authority to make that call.

Judge William Barkley agreed, and dropped Harrison’s charge. Harrison then took a seat in the gallery of the courtroom—among dozens of supporters from the local activist community—to learn the fate of the other three defendants.

“It was vindicating for that moment to hear that the judge agreed that it was an unjust arrest,” says Harrison. “At the same time, I felt very anxious for my co-defendants.”

Massey, Redinger’s second client, wasn’t as lucky. She was inside Lane Auditorium peacefully protesting with tape over her mouth, holding a large banner that said, “RACISTS DON’T GET RE-ELECTED.”

Witnesses agreed that the board meeting remained uninterrupted until an unnamed woman burst into the room to call for help, yelling that activists outside were being “brutalized” by police. Board Chair Kate Acuff ordered her out, and Massey, speaking for the first time, said, “You’re being ridiculous.”

“Immediately, without resolution, without delay, Kate Acuff ordered her to leave and directed the police toward [Massey],” said Redinger. Though Acuff read a statement at the beginning of the meeting, which said any disruption would result ejection, Redinger argued that Massey couldn’t have disrupted the meeting, because it had already been disrupted when the woman barged in and called for help. For that reason, Redinger said there were no grounds to arrest Massey.

But the judge said Massey’s failure to leave after being asked to by Acuff and an officer was enough to find her guilty of trespassing.

Defense attorney Andrew Sneathern adopted Redinger’s argument for his client, Sabr Lyon, who was inside the meeting with Massey, and was also found guilty of trespassing.

With tape over her mouth, and holding her own sign, Lyon stepped away from her seat and moved closer to the podium at the front of the auditorium. But Sneathern said she never said word until she was being arrested.

According to prosecutor Juan Vega, Acuff gave Lyon a warning and asked her to leave. Her arresting officer testified he wasn’t specifically asked to arrest her and said he attempted to get her to leave without being arrested. Lyon allegedly said, “It’s up to you,” and left peacefully when he cuffed her and escorted her out. The judge found her guilty of trespassing.

Last up was Francis Richards, who got caught in the commotion outside of the auditorium. He said he saw a man grab a friend of his and he inserted himself between them to protect her.

The man turned out to be Deputy Police Chief Greg Jenkins, who was in plainclothes and who testified that he announced he was an officer. But several others testified that they didn’t hear him and had no idea who he was.

Defense attorney Bruce Williamson examined video of the chaos, and said if Jenkins ever truly announced his position, no one reacted. And while Jenkins testified that he had a badge, handcuffs, and a gun, Williamson said they weren’t visible.

Richards, who was charged with trespassing and obstruction of justice, was found guilty of the latter.

The prosecutor asked for a 60-day jail sentence for Richards because his encounter was physical, and 30-day sentences for Massey and Lyon. He wanted all of the activists to be banned from the county office building and school board meetings for two years.

The judge suspended the sentences on the condition of good behavior for two years, but chose to convict them to send a message.

Samantha Peacoe, who was also arrested for obstruction of justice, entered a plea deal before the trials and was sentenced to 30-days with all time suspended.

“We’re disappointed but not surprised by the judge’s upholding of white supremacy by targeting and finding guilty peaceful protesters that should have never been arrested in the first place,” says Harrison. “Every time we’re faced with the state trying to silence us and intimidate us into stopping what we’re doing, we just show up stronger.”

Walt Heinecke, an associate professor at UVA who observed the trials, says he found them “troubling and problematic.”

“[It] was just a spectacle orchestrated by the school division, the county government, and the commonwealth’s attorney to signal a message to citizens who want to actively participate in dissent in government processes that they will be prosecuted to the full extent of the law,” he says.

It’s as if public dissent has become illegal, he adds.

“I’d like to remind everybody that when I was a teenager during the ‘60s and early ‘70s, there were dissenters in American blowing up banks, blowing up government installations,” he says,  “and now we’ve gotten to a point where if someone snaps their fingers, it’s a national security threat.”

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Clean slate: Mason Pickett cleared of two assault charges

 

“Wes is a jackass” became a familiar slogan to those living in Charlottesville last summer, as it was scrawled on a giant cardboard sign carried by local retiree Mason Pickett, and its derivative, “Bellamy is a jackass,” was often chalked on the Downtown Mall’s Freedom of Speech Wall as well as several sidewalks.

It’s a phrase that took a shot at City Councilor Wes Bellamy, who was vice-mayor at the time and called for the removal of the monuments of Confederate war heroes General Robert E. Lee and Thomas “Stonewall” Jackson from their eponymous downtown parks. The verbiage with an unfavorable adjective left Pickett scorned by many and at the center of two misdemeanor assault charges.

Judge Joseph Serkes heard testimony from two alleged victims—Davyd Williams and Lara Harrison—who described what they deemed aggressive behavior from Pickett on two separate occasions.

On the first occasion, Williams said he was erasing “Wes is a jackass” off the free speech wall with a newspaper and a bottle of Windex on August 24. When Pickett approached Williams, the retiree allegedly “shoulder-checked” him as he was erasing, smacked his hand twice and snatched the bottle of liquid cleaner out of his hand “hard enough that the handle broke,” according to the testimony.

When officers with the Charlottesville Police Department spotted the interaction and intervened, Pickett allegedly walked a few hundred feet to a CVS, bought a bottle of Windex and gave it to an officer to give to Williams. He offered that he made a mistake and was sorry.

Williams told the judge he had erased multiple times Pickett’s “obscenities,” which were written on the wall directly outside the Virginia Discovery Museum, a hotspot for young kids.

“Did anyone designate you to be the obscenity police?” Sirks asked, and eventually said justice would not be furthered by finding Pickett guilty of assaulting him.

Pickett racked up his second assault charge on September 11, when he was holding a large cardboard sign, painted black and decorated with his aforementioned catch phrase in thick red letters, in front of the Albemarle County Office Building on the corner of McIntire Road and Preston Avenue.

Harrison testified she was driving past when she saw Pickett and his sign. She decided to park and display one of her own.

“I had seen him several times and I wanted to be able to counter his sign with a sign that I thought was accurate and protective of our community,” she gave as the reason she wrote “racist” on a legal pad she found in the backseat of her car and took her position on the sidewalk in front of him. The two had never met.

Pickett called police, and testified that he and Harrison were beside each other on the sidewalk. She allegedly stepped onto the street to get in front of him, and as he was moving his sign from side to side to face oncoming traffic, he says he may or may not have hit her in the face with it.

“He assaulted me,” said the woman who has attended meetings of the activist group Showing Up For Racial Justice. Its members are known for accosting people with beliefs that don’t match their own, according to Pickett’s defense attorney, Charles “Buddy” Weber, but Harrison said she has studied and taught nonviolent intervention.

You may recognize her from an August 15 image taken in Emancipation Park, where a lone young man dressed as a Confederate soldier and carrying a rifle and semi-automatic handgun was surrounded by numerous anti-racist activists, including members of SURJ. Harrison is photographed sticking her two middle fingers mere inches from the North Carolina man’s face.

In Pickett’s assault trial, prosecutor Nina Alice-Antony entered a photo of a red mark on Harrison’s left cheek as evidence, but the defendant insisted that he had “certainly no intention to hit the young lady.” The judge found him not guilty, citing that Harrison had witnessed Pickett turning his sign from side to side and still stepped in front of him on the street.

“Everyone has a right to protest, but you gotta use your common sense,” Serkes said. “Next time, use your common sense.”

 

Updated February 26 at 1:05pm with clarifications.

Correction: Judge Serkes’ name was misspelled in the original story.