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‘Martial law’: Officials say 1,000 cops necessary, searches ‘consensual’

The August 12 weekend passed with no loss of life or serious injury, but many Charlottesville residents were not reassured by the show of police force and the restrictions on pedestrian access to the Downtown Mall that were announced a couple of days before they went into effect.

The Virginia State Police provided 700 officers, and the total number of cops on hand was around 1,000, according to officials.

“Last year, I was afraid of the Nazis,” says Black Lives Matter organizer and UVA professor Lisa Woolfork. “This year, I’m afraid of the police.”

Civil rights attorneys blasted the decision to limit pedestrian access to the mall to two entry points on Water Street—and that was before everyone entering had to submit to a search of bags and wallets.

“You wonder why some people in our community distrust you,” writes Jeff Fogel in an email to city officials. The decision to withhold notice of the mall lockdown “smacks of deception, manipulation, and lies,” he says.

Rutherford Institute founder John Whitehead criticizes the lack of transparency and disclosure of a specific threat before restricting citizens’ ability to move freely. “To me it looks like martial law,” says Whitehead. “It creates a police state.”

At an August 13 press conference, public safety officials continued to refuse to answer whether there had been credible threats that warranted having 1,000 cops on hand.

“We had very large crowds here,” says Charlottesville Police Chief RaShall Brackney. “We had to plan for the variable of the unknown”—even if it was pretty clear the alt-right wasn’t coming.

Virginia State Police Superintendent Gary Settle says, “Some intelligence that I can’t reveal in a public forum caused us to make certain decisions and err on the side of caution.”

Brackney says the last-minute announcement of restricted mall access was to keep those points “close to the chest” and not reveal vulnerabilities to people who were surveilling social media for entry points into the controlled area.

On August 8, she said that citizens would not be subjected to searches unless there was reason to believe they had something that was on the lengthy list of prohibited items, including sticks, aerosol sprays, and knives. But on August 11, everyone who wanted to go to the mall had to submit to a search of bags and wallets.

Says Brackney, “Everyone actually was given the option. There was no one that was searched that was not consensual. Everyone was allowed in. It was their items that were not allowed in.”

City councilors C-VILLE talked to were vague about what they knew about the mall lockdown. “I don’t think we’re allowed to talk about that,” says Wes Bellamy. Vice-Mayor Heather Hill says she knew there would be restrictions, but didn’t know exactly what they were.

Even after mourners had paid their respects on Heather Heyer Way, state police continued to block Water Street and tensions remained high. Staff photo

Some saw the measures as an insult and over-compensation for last year’s deadly rally.

“I feel violated,” says activist Rosia Parker. “I feel completely violated. The presence we have here now should have been here last year.

She adds, “They’re protecting property, not people.”

Parker also objects to being searched to walk on the Downtown Mall, and seeing police officers in riot gear protecting the Lee statue.

“I think it made things more tense,” says UVA prof and activist Jalane Schmidt. “The solution to last summer is not over policing.”

She notes that initially officials said they were not going to check bags, and then ended up searching even wallets. “We’re under martial law in all but name,” she says.

Some made a point of braving the downtown hassles and came to support businesses there, like Kat Imhoff, Montpelier president and CEO. “I thought the police did a pretty good job,” she says. “A couple of times we left the barricaded area and had to go all the way around to get back in.”

Her friend, Dorothy Carney, compares the security measures to the Transportation Security Administration after 9-11. “It felt like an overreaction because nothing was shared about threats.”

The appearance of riot police did not did not put protesters at ease at the UVA student rally Saturday night. Eze Amos

Carney attended the student rally Saturday night and said it was really peaceful around Brooks Hall until about 100 cops in riot gear came marching in. That’s about the point Imhoff arrived, and she says, “You can see how quickly things can fall apart.”

Both Carney and Imhoff say cops were a lot friendlier this year than last, when they would not make eye contact.

“I had a lot of police smiling at me with my Black Lives Matter T-shirt on,” says Carney.

One other thing struck her: “You have a security checkpoint but you’re still allowing guns in. We need to change those laws.”

City Council is holding a community listening session from 6 to 8pm Tuesday at the Jefferson School African American Heritage Center.

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Anniversary weekend ends peacefully, with sad remembrances

A year after white supremacists and neo-Nazis marched with torches through UVA and violent clashes in the streets left one woman dead and dozens injured, it was with some trepidation that locals commemorated August 11 and 12. The weekend ended without serious injury and with a handful of arrests on misdemeanor charges.

By late Sunday afternoon, the barricades surrounding downtown Charlottesville, which some said had put the city under “martial law,” were coming down, and the 700 Virginia State Police began heading home.

While sightings of hate group members were rare, more than 1,000 police in town created another sort of tension. A student demonstration planned in front of the Rotunda Saturday night abruptly changed course because of layers of restrictions, barricades and cops, and became a loop around university neighborhoods.

And a march from a morning Washington Park remembrance of last year’s tragedy to Fourth Street, where a driver plowed into a crowd of counterprotesters, killing Heather Heyer and injuring many more, became heated when police blocked access to the Downtown Mall from Water Street, where entrance already was restricted to First Street and Second Street SE.

Those entry spots had cops lined up forming a humans-on-bikes barricade there, and marchers continued down to Fourth, where police refused to let them enter. After some heated moments and negotiations by activist Don Gathers, the band of more than 100 marchers split and some went back to Second Street SE to enter the mall through the checkpoint and commemorate the tragedy that occurred on Fourth Street.

Heyer’s mother Susan Bro came with flowers both for her daughter and for the two Virginia State Police officers—Jay Cullen and Berke Bates—who died in a helicopter crash August 12.

“This is not all about Heather,” said Bro. “Oh my dear heavens. There were so many people who were wounded that day. They’re still suffering, still injured. There’s so much healing to do. We have a huge racial problem in our city and our country and we’ve got to fix that, or we’ll be back here.”

Bro brought two red roses for the downed officers, and purple stock for her daughter, which she laid on a memorial of flowers on the sidewalk.

And Bro hugged many of the people who were there August 12 a year ago, including Heyer’s friends Courtney Commander, Marissa Blair and Marcus Martin, the latter captured in Ryan Kelly’s Pulitzer Prize-winning photograph, hurtling up in the air behind James Fields’ car.

Marcus Martin, a year after being thrown over the top of James Fields’ car, says his wife, the former Marissa Blair, has to walk by the spot every day. staff photo

And as people were dispersing, another standoff occurred with helmeted state police in the intersection of Water and Fourth streets.

Observing from the mall was Brian Moran, Virginia secretary of public safety, who was here a year ago and watched from the sixth floor of the Wells Fargo building the violent clashes on Market Street below, and famously compared the sporadic skirmishes to a hockey match.

Moran said he counted the weekend a success with a minimum number of arrests. “I couldn’t be prouder of these officers,” he said. “We said it wouldn’t happen again. The city welcomed our resources.”

As he said that, shouts could be heard down Fourth Street, and when asked what was going on, he said, “They’re yelling at police. Last year a woman got killed when protesters took to the streets. We made sure there was no traffic this time. Police are trying to protect the protesters and they got yelled at.”

Virginia Secretary of Public Safety Brian Moran says one of police goals was to block streets to protect protesters from getting mowed down. Staff photo

Moran noted that Jason Kessler, organizer of last year’s deadly Unite the Right rally, had just boarded a Metro in Vienna to go the sequel event he was having in Washington, and Moran seemed relieved to have him out of the state. UTR2 reportedly drew around two dozen supporters and thousands of counterprotesters.

Four arrests had been made by 4pm Sunday. Tobias Beard, 42, a former C-Ville Weekly contributor, was charged with obstruction of free passage when police say at around 11:04am, he deliberately positioned himself in front of police motorcycle units that were attempting to provide safe passage for a group of demonstrators in the area of Preston Avenue and Eighth Street. He was released on a summons.

Activist Veronica Fitzhugh, 40, and Martin Clevenger, 29, of Spotsylvania were each charged with one count of disorderly conduct when Clevenger saluted the Lee statue in Market Street Park at 11:25am. A small group gathered around him and a verbal altercation between Fitzhugh and Clevenger became physical, according to police. Both were released on a summons.

And Chloe J. Lubin, 29, of Portland, Maine, was arrested by Virginia State Police on four misdemeanor charges: assault and battery, disorderly conduct, obstruction of justice and possession of a concealed weapon. At approximately 2:10pm, a state trooper observed Lubin spit in the face of a demonstrator in the area of Fourth and Water streets. As the trooper attempted to take her into custody, she clung to another demonstrator. Upon her arrest, she was found to be in possession of a metal baton, say police. She was released on an unsecured bond.

 

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Gun-carrying vet arrested for scraper blades

John Miska frequently shops on the Downtown Mall, especially when CVS has two-for-one sales on cases of Arizona iced tea. Today, he ran afoul of the city’s list of prohibited items after he made his purchases, and was arrested for possessing the single edge blades he bought for his ice scraper.

Miska, 64, says he was both open- and concealed-carrying handguns, which are not prohibited during the Downtown Mall lockdown that limits pedestrian access and requires a search of purses, bags and backpacks belonging to those who wish to enter the mall.

“I clear the checkpoint, I’m Second Amendment friendly, I go into the store and make legal purchases,” says Miska. A police officer picked up his bag and asked to search it, he says. “I didn’t give him permission to search. He did it anyway.”

The list of prohibited items in the city during the August 10-12 weekend includes metal beverage cans, aerosol cans and razors, but Miska says he was not charged for possessing the two cases of canned green tea and mango iced tea, nor was he charged for possessing the bug spray he purchased.

He questions why businesses were allowed to sell the banned items and says while he was getting arrested, he saw a woman at a cafe drinking a beer out of a glass bottle, which is also a prohibited item. “They didn’t arrest her,” he says.

Miska, who is a disabled veteran, says he cut his knees and arms while police “were trying to stuff me into a paddy wagon too small for a disabled person.”

More injurious, he says, are the “hypocrisy and sheer stupidity of what they’re doing downtown.”

Says Miska, “I was challenging the authority of the director of public safety, the governor and the new city manager that they could abrogate my civil rights when there was no known threat. There was no Nazi demonstration, yet they turned downtown into a no-go zone. The Supreme Court says in public, a citizen has a right of free passage.”

City spokesman Brian Wheeler says, “People entering a store within the security area would have already been through an access point and been informed about the prohibited item restrictions.”

After three hours, Miska was released with a notice that he would be considered a trespasser if he appeared in the restricted downtown area before 6am Monday and with a class 4 misdemeanor arrest for failure to comply.

Miska, who on August 23 of last year attempted to remove a shroud that was placed over the Robert E. Lee statue in Market Street Park, knows it could have been worse. “They could have charged me with 48 counts of having soda cans,” he says.

Also arrested was Algenon Franklin Cain, 28, of Red Springs, North Carolina, for trespassing on two separate occasions. He’s being held without bond. And William Erbie Hawkins Jr., 53, of Amelia, was arrested for being drunk in public after a Virginia State Police officer noticed him walking unsteadily and gave him a field sobriety test, according to a press release issued by the City of Charlottesville.