In June, environmental activists celebrated as Dominion Energy canceled the Atlantic Coast Pipeline, which would have carried natural gas from West Virginia to North Carolina, passing through central Virginia. A little further west, however, the fight continues, as construction on the Mountain Valley Pipeline inches along. Last week, the Federal Energy Regulatory Commission lifted a stop-work order that had been slowing the 300-mile pipeline project.
FERC also gave the MVP two more years to finish construction of the project, which has been grinding forward for six years, slowed by resistance from landowners and litigation from environmental groups.
The watch team for the Protect Our Water, Heritage, Rights coalition, an umbrella organization made up of smaller groups pushing back against the pipeline, has carefully monitored the pipeline’s construction, looking out for violations that can be reported to the Department of Environmental Quality. It continues to find new violations (the photos above were taken at various points over the last two years).
“These ground photos of the construction are significant to me,” says Roberta Bondurant, POWHR’s co-chair. “We’ve got pipe that floated 1,000 feet across a floodplain when they built the week before storm Michael. Pipe that’s dated 2016 that’s out now, on the ground, [with] coating that’s over 4 years old.”
Bondurant points out that last week’s permit is not definitive. A key permit from the Forest Service is still missing, and other important permits are currently under consideration by the federal court in Richmond.
The MVP group continues to cut corners in order to continue construction, the activists say. “It’s a real word game they play with FERC to allow themselves to go forward,” Bondurant says.
PC: Mountain Valley Watch
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Quote of the week
“This is the third fatal crash on Fifth Street investigated by CPD in less than three months…In memory of those who have died, CPD is asking motorists to be mindful of their speed. Please drive carefully.”
—Charlottesville Police Department, after two people passed away in an accident this week
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In brief
Tiger trouble
Doc Antle, the sinister zoo owner famous for his role in Netflix’s viral “Tiger King” documentary, could wind up wearing orange himself—he’s been indicted on wildlife trafficking charges by Virginia Attorney General Mark Herring. Antle lived in Buckingham County in the early part of his career; the indictment alleges that he has recently worked with a private zoo in Winchester to move tiger cubs and other exotic species back and forth between Virginia and Myrtle Beach.
Back to school
After a period of contentious discussion, the Albemarle County School Board voted 4-3last week to allow up to 5,000 preschoolers through third-graders to participate in non-virtual, face-to-face classes twice a week, starting November 9. Parents must decide by October 16 if they’ll send their kids into school or continue with virtual learning, while teachers have only until the 15th to request to stay home.
Museum motion
As Charlottesville continues to grapple with its legacy of slavery and oppression, a group of nearly 100 local activists, community leaders, and residents have called for the creation of an enslavement museum in Court Square, “depicting in a more visual manner the injustices, horrors, and truths about enslavement.” They hope the city will acquire the 0 Park Street building, the site of the auction block where enslaved people were sold, to house the museum. In February, Richard Allen, a 74-year-old white man, removed and disposed of the slave auction block marker (pictured below). He is now a member of the coalition calling for the museum.
Pastor Harold Bare was met with an unusual scene when he stood in front of his congregation on Easter Sunday—a barrage of car horns during a Facebook-streamed drive-in service, which welcomed congregants to decorate their vehicles and watch Bare’s sermon from a parking lot.
Like every other institution in town, religious organizations have had to get creative as the novel coronavirus has radically reshaped our world. On Good Friday, Bare’s Covenant Church convened its choir over Zoom, with singers crooning into laptop microphones in rough, tinny unison.
“Fear not, God is in control,” read a sticker on the side of one car at Covenant’s Easter service. Additional stickers thanked more earthly leaders, like nurses and doctors.
Other religious groups have had to adjust in similar ways. Zoe Ziff, a UVA student, organized a Zoom Passover Seder for her friends who have been scattered across the world by the university’s closure.
“We spoke over each other and lagged, but it was beautiful to see my friends, hear their voices, and share the story of Passover together,” Ziff says. “It’s a reminder that everywhere in the world, Jewish people are retelling this story—though this year, over a webcam.”
“We’re being as careful as we know how to be,” Bare said at the beginning of his holiday sermon. Religious traditions might stretch back thousands of years, but these days, they’re Zooming along just like the rest of us.
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Signing day
The Virginia legislature turned in a historic session earlier this year, and as the deadline approached this week, Governor Northam put his signature on dozens of new bills. The new laws will tighten gun safety regulations, decriminalize marijuana, allow easier access to abortion, make election day a national holiday, repeal voter ID laws, allow racist monuments to be removed, and more. Northam didn’t sign everything, though—he used his power to delay the legislature’s proposed minimum wage increase by one year, citing the effects of the COVID-19 pandemic.
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Local COVID-19 case update
53 confirmed cases in Albemarle
34 confirmed cases in Charlottesville
4 deaths
Data as of 4/13/20, courtesy of Thomas Jefferson Health District
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Quote of the Week
“In Virginia, the capital of the Confederacy… in Charlottesville, the home of Thomas Jefferson… We led the charge to change the state. It’s all been worth it.”
—Former vice mayor Wes Bellamy, on the new law allowing localities to remove Confederate monuments
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In Brief
Statue status
Governor Ralph Northam has finally made it official: Charlottesville will soon be able to legally take down its Confederate monuments. The bill, which Northam signed on April 11, will go into effect July 1. The end is in sight, but the city will have to wait 60 days and hold one public hearing before the statues can be removed.
Foy joy?
Last week, state Delegate Jennifer Carroll Foy (D-Prince William) filed paperwork to run for Virginia governor in 2021. Foy is a 38-year-old former public defender who sponsored the legislation that led to Virginia’s ratification of the Equal Rights Amendment. If elected, she would become the first black female governor in United States history. Her likely Democratic primary opponents include Lieutenant Governor Justin Fairfax, an accused sex offender, and Attorney General Mark Herring, who has admitted to appearing in blackface.
(No) walk in the park
To the disappointment of Old Rag enthusiasts, the National Park Service completely shut down Shenandoah National Park April 8, per recommendation from the Virginia Department of Health. All trails—including our stretch of the famed Appalachian Trail—are now closed. Still want to explore the park? Visit its website for photo galleries, videos, webcams, and interactive features, or follow it on social media.
Win-win
Under the name Frontline Foods Charlottesville, local organizations are working with chef José Andrés’ World Central Kitchen to deliver food to health care workers, with meals supplied by area restaurants like Pearl Island Catering, Champion Hospitality Group, and Mochiko Cville. In the coming weeks, FFC plans to add more restaurants, which will be reimbursed for 100 percent of the cost of food and labor, and expand to serve other area community members.
Demanding justice
As reports of intimate partner violence increase due to coronavirus lockdowns, UVA Survivors, a student advocacy and support group, has created a petition calling for the “immediate, structural, and transformative change” of the university’s sexual violence prevention and support services. The petition demands UVA fund an external review of the Title IX office; provide survivor-created and informed education on sexual violence and consent; create a stand-alone medical unit for sexual, domestic, and interpersonal violence survivors; and move the Title IX office from O’Neill Hall (located in the middle of UVA’s ‘Frat Row’), among other demands. It has been signed by more than 100 students and student organizations.
The felony embezzlement charge against former City Council clerk Paige Rice, 37, for an iPhone and Apple Watch valued at more than $500 has many scratching their heads.
“It seems very unusual it got to this point without a resolution,” says attorney Scott Goodman. “It seems like something that could have easily been resolved without a felony indictment.”
A former city employee who spoke only on the condition of anonymity says, “It seems kind of odd to me someone didn’t call her and say, you need to return the phone, rather than sneak around and charge her with a felony. Particularly with her husband working there. It’s very odd.”
Rice is married to Joe Rice, deputy director of communications for the city. Neither responded to C-VILLE’s phone calls.
Rice was a fixture at council meetings for eight years. Last July she was named chief of staff to manage two new employees at the disposal of councilors. The job came with a salary bump from almost $73,000 to $98,000. The larger council staff had been touted by then-mayor Mike Signer, but was criticized by Mayor Nikuyah Walker, who call for a guest audit of the position and its pay.
Attorney Dave Heilberg says embezzlement is a crime of taking property with which one has been entrusted, but Rice’s case “is not as clear cut” as that of an accountant who writes herself a check. What Rice was told about the equipment could be a factor in her defense, and he points out that “technology goes out of date really fast” when assessing its value.
A grand jury from both Albemarle County and Charlottesville—which is also unusual, says Heilberg—indicted Rice June 7. And court records show the date of the offense as October 5, Rice’s official last day.
Goodman says the indictment could have consequences that “could be ugly,” particularly if Rice has information about other people in the city in similar circumstances who didn’t get indicted.
A city release announcing Rice’s resignation said, “The City Council appreciates the service of Ms. Rice over the last eight years and wishes her the best as she moves on to the next exciting phase in her professional life.”
Her next court appearance is August 19.
Quote of the week
“The House [of Delegates] has no prerogative to select its own members.”—Justice Ruth Bader Ginsburg in a U.S. Supreme Court decision that upholds a lower court ruling that Virginia’s legislative districts were racially gerrymandered
In brief
B’day non grata
At its June 17 meeting, City Council took steps to remove the birthday of local icon Thomas Jefferson, April 13, as a paid city holiday and to replace it with Liberation and Freedom Day, March 3, which commemorates the arrival of Union forces and the emancipation of the area’s 14,0000 enslaved people. Albemarle will discuss ditching Jefferson’s birthday at its June 19 meeting.
Dewberry condos?
Not much activity has been seen on the ground at the site of the alleged Dewberry Hotel, now celebrating its 10th anniversary as a wraith towering over the Downtown Mall. But the Progress reports some movement on the Dewberry Group website, and renderings of the hotel have migrated from its hospitality to its living section, with a new name: the Laramore.
Deadbeat guv pays up
West Virginia Governor Jim Justice finally paid the$311,000 in back taxes his company owed to Albemarle County, plus the current tax bill, reports the DP’s Allison Wrabel. The county had started the process to sell 52 of Justice’s 55 parcels because of the large arrearage.
AG okays THC
Virginia Attorney General Mark Herring spoke out in favor of legalizing recreational marijuana in an op-ed published in both the Daily Press and The Virginian-Pilot on Sunday. The General Assembly has yet to pass any measures on the issue, but decriminalization has been an issue generally shot down by Republicans in past sessions.
Rural broadband access
Central Virginia Electric Cooperative’s subsidiary, doing business as Firefly Fiber Broadband, will receive $28.6 million of FCC funds to provide 1 gigabit internet speeds for over 11,000 homes and businesses in central Virginia over the next 10 years.
Election turnout: Not great
Off-year elections traditionally have lower turnout, and this year’s June 11 primary was no exception. With no presidential or gubernatorial candidates at the top of the ballot, many voters chose to sit out the primary, despite several local General Assembly races.
The 57th District, which includes Charlottesville and the Albemarle urban ring, had the highest turnout—15.7 percent—in state General Assembly elections, according to Virginia Public Access Project.
The 17th Senate District, which had both a Democratic and Republican primary, brought in a much lower 5 percent of the electorate in each race.
Total Charlottesville turnout (including City Council primaries) was 19 percent, compared to 27 percent in 2017.
Total Albemarle County turnout (including races for sheriff and Rivanna supervisor) was 10 percent.
In 2017, county turnout was 19 percent for the Democratic primary for governor and .05 percent for the Republican primary.
It was the most eventful—and scandal-plagued— session of the General Assembly in recent memory. Over in the executive branch, Governor Ralph Northam and Attorney General Mark Herring’s past blackface antics were revealed and drew calls for Northam to resign. Lieutenant Governor Justin Fairfax faced accusations of sexual assault, which he denied and called a “political lynching.” Both the Northam and Fairfax scandals were initially publicized by a right-wing website owned by Reilly O’Neal, a North Carolina political operative whose clients have included Roy Moore and Corey Stewart.
Local Delegate Rob Bell plans to hold a hearing on the Fairfax allegations in the Courts of Justice Committee, which he chairs, although it’s unclear if Vivian Tyson, who says Fairfax forced her to perform oral sex in 2004, will attend, amid her concerns of being “embroiled in a highly charged political environment,” according to her lawyers.
And Delegate David Toscano, 68, who served as House minority leader for seven years, announced on the last day of the session he will not seek reelection to an eighth term representing the 57th District.
Amid the scandals, legislators, all of whose seats are up for grabs in November, also passed some new laws.
Laying down the laws
Gerrymandering: Long an issue for legislators like state Senator Creigh Deeds, a redistricting bill finally got the nod from both houses. The constitutional amendment, which would establish an independent commission to draw state and congressional lines, still has to pass the General Assembly next year and then go to voters before it’s official.
Felony DUI: Drunk driving that results in serious injury, as was the case with an 8-year-old Palmyra girl who was almost killed in a 2017 crash, will now be a felony with passage of a Rob Bell bill.
Jamycheal Mitchell’s law: Another Bell bill requires the Board of Corrections to establish standards for mental health care after Mitchell, 24, stole $5 worth of snacks and languished in a Hampton Roads jail for months before dying of heart failure and severe weight loss.
Tommie’s law: Penalty for animal torture is upped from misdemeanor to a Class 6 felony. The bill passed both houses unanimously after Tommie, the Richmond dog tied to a pole, doused with accelerant and set on fire, died.
No-excuses voting: Citizens can cast absentee ballots in person one week before an election, starting in 2020.
Wage discrimination: A Jim Crow-era law that allowed employers to pay less for jobs once frequently held by African Americans—such as newsboys, shoe-shine boys, and doormen—passed both houses, with Delegate Matt Fariss one of the 14 “no” votes.
Keep talking: The General Assembly was poised to ban driving while using a hand-held cellphone, but at the last minute voted to allow talking, but no texting or web surfing.
No spoofing: Displaying Virginia area codes if not in the commonwealth is prohibited, but whether the toothless Class 3 misdemeanor will deter robo-callers remains to be seen.
Public notice: Before state universities hike tuition, they must hold public hearings—if Northam signs the bill into law.
Quote of the week
“This was their chance to actually take a vote on ratifying the ERA, and they blew it.”—Delegate David Toscano on House Republican leadership redirecting a vote on the Equal Rights Amendment back to committee
In brief
More to C
A revised tourism campaign, which features a “more to C” theme, wins points with the Charlottesville Albemarle Convention & Visitors Bureau after an earlier campaign touting “C’villeization” bombed.
Rumor mill
Several people have contacted us to ask if Fashion Square Mall is for sale—and one said UVA had purchased it. Not true, says UVA spokesman Anthony de Bruyn, who adds the university has no interest in doing so. And Washington Prime Group, the parentcompany of Fashion Square, “has no plans to close or sell the mall at this time,” says spokeswoman Kimberly Green.
Can’t get a date
Charlottesville for Reasonable Health Insurance, which called out Sentara-owned Optima’s 2018 tripling of health insurance premiums here, says it wasn’t invited to Congressman Denver Riggleman’s February 19 meeting with Sentara Martha Jefferson to find ways to make health care affordable, nor, says the group, can it get on Riggleman’s calendar.
Back where he came from
Former Trump staffer Marc Short, who drew controversy—and two resignations—when he joined UVA’s Miller Center of Public Affairs as a senior fellow in August, is stepping down and headed back to the White House, where he’ll serve as chief of staff to Mike Pence. Tweeted UVA professor of religious studies Jalane Schmidt, “Don’t let the door hit you on the way out!”
Bare-breasted Virtus
ERA activist Michelle Renay Sutherland was arrested February 18 for enacting the Virginia state seal, which features Virtus with an exposed left breast. A judge initially ordered her held without bond for the misdemeanor charge, but she was finally released three days later.
Attorney General Mark Herring has spent the past few years studying the issue of hate crimes and white supremacist violence across the commonwealth and advocating for new legislation to combat it. On December 5—coincidentally during the state’s murder trial against the neo-Nazi who drove his car into a crowd on August 12, 2017—Herring hosted a roundtable discussion on both topics in Charlottesville.
Approximately 20 local leaders representing a bevy of faith communities, cultural groups, government, and law enforcement gathered in the basement of the First Baptist Church to participate.
Herring, who sat at the head of the table in front of a Christmas tree with big red bows, kicked off his discussion with a few statistics.
“It is past time to acknowledge that hate crimes are on the rise,” he said, noting that Virginia State Police have recorded a 64 percent increase in hate crimes since 2013. There were more than 200 committed in the state last year.
Leaders at every level should condemn the hate and bigotry that “we all sense in our own communities,” he said.
And “the state needs to pair those words with actions,” he added, as he introduced multiple bills already on the agenda for next year’s General Assembly session. Last year, he pushed two similar bills, including one that would punish white supremacists as domestic terrorists, but the Republican-led Committee for Courts of Justice declined to hear it.
One of the new bills would give localities the ability to ban firearms at permitted events, such as the 2017 Unite the Right rally in which paramilitary groups lined the streets of Charlottesville with semi-automatic rifles swung over their shoulders.
But that legislation, if passed, still won’t satisfy some local leaders.
“It’s not the permitted event. It’s the every day,” said Charlottesville Police Chief RaShallBrackney, who wants to be able to prohibit gunsat any time or place within the city, regardless of whether a permitted event is taking place.
She noted that at the Key Recreation Center, for instance, the city doesn’t allow its employees to carry guns, but any guest is more than welcome to come in packing heat. Brackney then called Virginia a “very strong Second Amendment state.”
“I believe people’s minds are changing,” countered Herring. He promised the chief, “We’ll keep working on it.”
At this roundtable, and at three he previously held across the state, he asked participants to give examples of hate crimes that they or other folks in their communities have experienced.
“This year, we have just been flooded,” said Janette Martin, president of the Albemarle-Charlottesville NAACP. She gave an example of a woman who keeps calling the police on her black neighbor for seemingly no reason. “It’s obvious what her motive is,” she added.
Rachel Schmelkin, the rabbi educator at Congregation Beth Israel, said their congregation has faced several anti-Semitic incidents over the past few years. She described an alert the synagogue received on August 12, 2017, in which white supremacists had sent out a message that said, “Let’s go toward those Jewish monsters at 3pm.”
Just a few weeks ago, on the anniversary of the Night of Broken Glass—when Nazis in Germany orchestrated a massive attack against Jews on November 9, 1938—Schmelkin said someone drew swastikas on a shop near the synagogue. At 8:30pm, she and her husband went to CBI to “check every inch of the building” to make sure they hadn’t gotten the same treatment.
“We have to bear the burden of that,” she said, and added that Deacon Don Gathers also walks around the synagogue late some Saturday nights just to check on it.
After the October mass shooting of 11 worshipers at the Tree of Life synagogue in Pittsburgh, Schmelkin said she wanted to debrief with the high school students who attend CBI.
“They were all really quiet,” she told Herring. “A number of them said they were relieved because they expected it would have happened here. I think that’s indicative of how unsettled our children have felt since August 12.”
Schmelkin said they now have security outside the synagogue, “almost 24/7.”
At the local mosque, Islamic Center of Central Virginia outreach secretary Noor Khalidi said law enforcement is also present for major events, such as Friday night prayer sessions.
They haven’t received any threats. “We’re sort of holding our breath, though,” she said.
After meditating on that comment for a moment, Herring said, “No one in our commonwealth or our country should feel that way.”
What’s on the table
When Attorney General Mark Herring stopped by Charlottesville last week to talk about local hate crimes and white supremacist violence, he also wanted to offer details on five upcoming bills that address those topics. This is what they hope to accomplish.
Update Virginia’s definition of “hate crime” to include crimes committed on the basis of gender, sexual orientation, gender identity, or disability
Allow the attorney general to prosecute hate crimes through a network of multi-jurisdictional grand juries, instead of at the local level
Prohibit paramilitary activity
Give law enforcement better tools to identify and intervene in the actions of violent white supremacist and hate groups, making it harder for the groups to operate
Close the loophole that allows people convicted of hate crimes the right to possess a gun
Just ahead of Jason Kessler’s March 6 lawsuit against the city complaining that City Manager Maurice Jones unconstitutionally denied his permit for a two-day August 12 anniversary rally—Jones also denied five other applicants’ permit requests for the weekend—City Council updated its event permit regulations February 20.
45-day notice if street closure requested, 30 days if not
Prohibited: Open flames, except for hand-held candles for ceremonial events
Prohibited (partial list): Pellet guns, air rifles, nunchucks, tasers, heavy gauge metal chains, poles, bricks, rocks, metal beverage or food cans or containers, glass bottles, axes, skateboards, swords, knives, metal pipes, pepper or bear spray, mace, bats, sticks, clubs, drones and explosives
Prohibited: Dressing like cops, military or emergency personnel
Small group exception: Up to 50 citizens may spontaneously demonstrate without a permit
Highlights from Kessler’s complaint:
The city couldn’t guarantee a clear path to enter Emancipation Park for his fellow Lee statue-loving protesters.
The permit denial is based on crowd size, but there’s plenty of room in the one-acre park, which could hold as many as 20,000 people “cheek to jowl.”
Because of the city’s “misconduct,” fewer people will attend and a “reduced crowd will dilute” Kessler’s message.
The city’s denial was based on Kessler’s viewpoint and violates his First and 14th Amendment rights.
Quote of the Week: “You’re more likely to be killed by @timkaine running mate @HillaryClinton than you are by an AR-15.” —A March 8 tweet by failed gubernatorial candidate Corey Stewart, who stopped by Charlottesville March 10 during his campaign for Senate.
How much is that puppy in the browsing window?
Attorney General Mark Herring says his consumer protection team continues to receive complaints from people “who thought they were buying an incredibly cute puppy from an online breeder, only to find out it was a scam and the dog didn’t exist.” Red flags for this scam include stock photos, exotic or designer breeds for cheap, and poorly made websites that include misspellings and grammatical errors, he says.
Life and then some
A jury recommended a 184-year sentence for Cathy S. Rothgeb, the former Orange County youth softball coach found guilty on March 12 on 30 of 34 charges, which include forcible sodomy, aggravated sexual battery and object sexual penetration of two former athletes. The alleged molestations began in the ’90s, when one victim testified that she was 9 years old.
Assault and battery
A Western Albemarle High School teacher has been placed on administrative leave after he was arrested for a physical altercation with a student on February 16. Oluwole Adesina, a 53-year-old Crozet resident, faces up to a year in jail or a $2,500 fine for the misdemeanor assault and battery charge.
Green acres
Hogwaller Farm, a nine-acre development with 30 apartments and an urban farm, has been proposed near Moores Creek along Nassau Street, according to the Daily Progress, which reported March 11 that developer Justin Shimp submitted a zoning amendment pre-application last summer to ask Albemarle officials to change the light-industrial designation to rural so he could plant seven acres of “really dank bud.”
New hire
Albemarle County announced its hiring of economic development director Roger Johnson from Greenville, North Carolina on March 7, for a job that’s been open for over a year. The last person to hold it lasted for 19 months.
Guilty plea
Joshua Lamar Carter, 27, was sentenced to 20 years in prison on March 12 for firing a gun at city police officers in 2016. In a plea agreement, he entered an Alford plea to one charge of attempted second-degree murder and pleaded guilty to shooting a gun in a public place and illegally possessing a firearm as a felon.
A headline we’re starting to get used to: Another August 12 lawsuit
Georgetown Law’s Civil Rights Clinic filed a federal defamation lawsuit March 13 on behalf of a Unite the Right rally counterprotester who claims to be a victim of fake news conspiracies.
Brennan Gilmore’s cell phone footage of the deadly car attack on Fourth Street went viral on August 12, and “Gilmore was contacted by media outlets to discuss his experience and soon became the target of elaborate online conspiracies that placed him at the center of a ‘deep-state’ plot to stage the attack and destabilize the Trump administration,” says a press release from the law group.
Now he’s suing defendants Alex Jones, Infowars, former Congressman Allen West and others for “intentional infliction of emotional distress” and “mobilizing an army of followers to pursue a campaign of harassment and threats against him.” The lawsuit seeks punitive damages and compensation for Gilmore’s alleged reputational injuries and emotional distress.
“From Sandy Hook to Pizzagate to Charlottesville, Las Vegas and now Parkland, the defendants thrive by inciting devastating real-world consequences with the propaganda and lies they publish as news,” says Gilmore. “Today, I’m asking a court to hold them responsible for the personal and professional damage their lies have caused me, and, more importantly, to deter them from repeating this dangerous pattern of defamation and intimidation.”
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.
Election night 2017 in Charlottesville had quite a different feel from 2016. Democrats swept statewide offices, with Ralph Northam winning the governor’s race by an even wider margin—9 percent—than pundits had predicted. And no one saw it coming that Dems would dislodge the hefty 66-34 Republican majority in the House of Delegates, and, depending on recounts, Charlottesville’s own David Toscano could end up house majority leader.
The unprecedented evening continued in Charlottesville, where Nikuyah Walker bucked the Democratic groundswell and became the first independent to win a seat on City Council since 1948. Also unprecedented: It’s the first time two African Americans will serve on council when she joins Vice-Mayor Wes Bellamy on the dais in January.
Walker’s supporters—a younger, more diverse crowd than the older, whiter Dems awaiting returns at Escafe—gathered at the Jefferson School African American Heritage Center, where she led from the first precinct report.
“She’s the first Charlottesville native in decades to serve on council,” former mayor Dave Norris, a Walker supporter, points out. “She’s someone who’s actually experienced some of the issues facing council. She lived in Garrett Square,” which is now known as Friendship Court.
Her victory “is a rebuke to the dirty tactics of the anonymous source,” adds Norris, referring to the November 4 Daily Progress story prompted by an unnamed city official who suggested Walker’s “aggressive” communication style would make it difficult for her to work with other councilors and city staff.
Before the election, conventional wisdom predicted Laufer, who’s served on the school board, would get one of the open council seats now held by Bob Fenwick and Kristin Szakos, and the second would be a toss-up between Hill and Walker. Instead, Hill edged Laufer by 55 votes in what were extremely close margins between the three frontrunners.
“Heather worked her tail off,” says Norris. “Whenever someone criticized Heather, she would sit down and talk to them. She personally hit up every street in Charlottesville.”
The election “played out in a different way than I expected,” says Hill. “This year has been unprecedented, and there was no doubt in my mind this election was going to be unprecedented. I’m really excited to be part of this change.”
One big change for Walker: As a city employee with parks and rec, she will be her own boss as a councilor—sort of. State code on conflicts of interest says an elected official may keep her job with a government agency provided employment began before election to the governing body.
Surrounded by her son, two daughters and mother on stage at Jefferson School, Walker admitted, “I drove my family crazy.”
She said, “It’s hard growing up black in Charlottesville. I only ran because of [the late vice-mayor] Holly Edwards. She told me if I️ ran, I’d win.”
Walker said, “People told lies about me. They should have told the truth.”
And she acknowledged the broad grassroots support she had, with contributions ranging from $5 to $10,000. She urged her supporters to hold onto the “we” and stay engaged. “It’s not a temporary thing.”
Walker’s win “breaks up the total Democratic control on council,” says UVA Center for Politics’ Geoffrey Skelley. “It’s meaningful in the aftermath of all the terrible things that happened in Charlottesville” with the monument debate and neo-Nazi invasion, which some put at the feet of City Council.
“Walker was offering something different,” he says. “It’s a reaction locally when Democrats were crushing it everywhere else. It’s a reaction to local issues that have become national issues.”
In Albemarle County, the Samuel Miller District was the only contested Board of Supervisors race, and incumbent Liz Palmer handily beat Republican challenger John Lowry with 68 percent of the vote.
In county school board races, Katrina Callsen, who had opponent Mary McIntyre’s supporters grousing about outside money from a Teach for America affiliate, won 63 percent of the Rio District vote. In the Samuel Miller District, incumbent Graham Paige held on to his seat with 65 percent of the vote, fending off 18-year-old challenger Julian Waters.
Statewide, Skelley had anticipated a narrower race between Northam and Ed Gillespie. Northam’s win was the largest margin for a Democratic candidate since 1985, when Gerald Baliles won, says Skelley.
Voter turnout was up 15 percent over the last governor’s race in 2013, and in some places like Charlottesville, it was up 31 percent. In Fairfax, 23 percent more voters went to the polls than in 2013, and that increase “has got to be looked at as a response to President Trump,” says Skelley.
Democrat Justin Fairfax won the lieutenant governor’s race and became the second African American to hold that position, which Doug Wilder won in 1985. Incumbent Attorney General Mark Herring held on to his seat and gave Democrats a sweep in statewide offices.
Before the election, Skelley predicted Democrats might pick up seats in the high single digits in the House of Delegates. “I was very cautious,” he says. Several close races will face recounts, and if the Dems win, it’s possible they could have their first majority in the house since 2000.
Almost all the Democratic gains came from the 15 districts that Hillary Clinton carried in 2016, says Skelley. “It’s not like they’re winning a bunch of red seats.”
A couple of Latina delegates, an African-American veteran, Dawn Adams, the first openly lesbian delegate, and Danica Roem, the first transgender legislator in the country, will change the makeup of the mostly white male House, says Skelley.
Roem’s win over 13-term social conservative Bob Marshall, who carried the state constitutional amendment to ban gay marriage and who last year carried an unsuccessful bathroom bill, is particularly significant and an outcome Skelley wasn’t willing to bet on. “Prince William County has changed,” he says. “[Marshall] didn’t change with it.”
No one was predicting an unseating of Albemarle’s three GOP incumbents—Steve Landes, Matt Fariss and Rob Bell—who held on to their seats, although Bell and Fariss did face challengers, unlike in 2015 when they were unopposed. While Dem Angela Lynn lost for a second time to Landes, this year she narrowed the margin from 32 points to 16.
For House Minority Leader Toscano, who was unopposed, the evening was particularly enjoyable. “I must admit I never really thought we could do it all this cycle,” he says. “I thought we’d pick up some seats.”
Currently the Dems have 49 seats, he says, and both sides are calling for recounts in a handful of races. He’s not speculating on what will happen if his party takes the majority—and he could potentially be elected speaker. “First we have to count all the votes,” he says.
However, even if the Democrats don’t hold a majority, with a 49-51 split, “immediately we’ll get a lot more representation on committees. Immediately we’ll make strategic alliances with Republicans to pass legislation,” says Toscano.
“The election makes clear Virginia is a bellwether election following Trump,” he says. It shows that voters like candidates engaged with their communities, they like what Democrats like Governor Terry McAuliffe have been doing with economic development, and says Toscano, “They don’t like the divisiveness and hate of Trump.”
Correction 10:22am November 9: The story originally said Walker would have to resign her job as a city employee, but apparently that’s not true if she held the job before being elected.
False equivalence makes me sick. Likely it does the same to you, too, even if you don’t recognize the symptoms. It’s rhetorical MRSA, an indestructible super-bug that infects the mind and body politic. And as has been widely reported, a new strain of contagion took hold on August 15 when the 2016 Electoral College Winner declared that yes, Virginia, Nazi-resisters are as bad as Nazis. With his toxic words about the “very fine people” standing up for white supremacy, Trump attacked civic decency, democratic values and American history.
Sadly, it was a familiar pain. Last time I felt it this bad was when members down at the Church of Privileged Self-Righteousness declared there was “no difference” between Hillary Clinton and Donald Trump. Way back then, such folks had the media to lean on for some of their claims.
Plenty of so-called liberal-leaning pundits equated the computing issues and defensive personality of one candidate with the vulgarities and incompetence of the other, a known sexual predator, racist, liar and cheat who was entirely unqualified to run a local street cleaning crew, let alone the United States. Chanting “they’re all the same,” a critical number of true believers sat out the election, leaving the rest of us, but especially the nation’s most vulnerable, with a raging staph infection.
If, after all that has happened since, you still think skipping out on Election Day is inconsequential, you’re not paying attention. And yet, a recent study from the Washington, D.C.-based research firm Lake Research Partners, released by the Voter Participation Center, predicts that about 40 million fewer people will vote in 2018 compared to 2016. The biggest drop-off is projected to be among millennials and unmarried women, crucial members of what’s called the “rising American electorate,” which also includes blacks and Latinos.
In Virginia, the center projects, roughly 1.1 million of those voters will stay away from the polls next year. The study, based on census data, does not sample why non-voters and non-registered voters would choose to stay home. We can only guess.
But you had to travel only as far as the MLK Performing Arts Center for the August 27 “recovery” town hall and the August 21 Charlottesville City Council meeting before that to understand how little trust Virginians have in government these days—and why.
And yet, local voting is the best way to throw the bums out, if that’s your goal.
Leading up the federal elections in 2018, here’s another reason to get in practice and vote on November 7: the race for state attorney general. Democratic incumbent Mark Herring is running against Republican John Adams, a former clerk for Supreme Court Justice Clarence Thomas who opposes reproductive choice and marriage equality and vows to roll back Obama-era environmental regulations. Herring, among other things, supports Obama’s Clean Power Plan and has the endorsement of gay rights groups. Perhaps even more crucially at this moment, Herring is inclined to let localities manage their own statuary and Adams is not.
No doubt, false equivalence is toxic. The same can be true for malaise. Maybe you can’t do anything about the sputum coming out of Trump’s mouth. But you can beat back the spread of malaise. The center that commissioned the voting study noted it’s likely more effective to register new voters than to try to persuade disaffected registered voters to give a damn. When left unchecked, no difference-ism can be as harmful as false equivalence.
So get your rest, Virginia, and then take your medicine: Register two voters and call me in the morning.