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Designed to deceive: Nefarious bail bond company tied to demonstration outside justice center

Around 7pm on November 10, a city resident was surprised to see a cluster of 20 to 30 sign-carrying protesters and a film crew gathered near the Legal Aid Justice Center.

While stopped at the traffic light near the LAJC, the resident says an unmasked, college-aged woman approached his car window and asked if he supported immigrants’ rights. When he said yes, she delivered a “spiel,” claiming that the renowned justice center was “hurting immigrants.” She handed him a flier with the heading “LAJC BEWARE” and a call to “report abuse” at the url bewarelajc.com. The site shows a reproduction of the flier and offers a host of broken links.

The protesters have connections with Nexus Services, a Harrisonburg, Virginia-based immigration bail bond company with a well-documented history of illegal practices. Though Nexus is not mentioned on the flier or the website, Nexus Services owns the domain bewarelajc.com, and when pressed, admitted to helping the protesters get organized.

In August 2019, LAJC filed suit against Nexus on behalf of a group of clients who allege they were the victims of a “fraudulent immigration bond scheme” that “preys on immigrants in federal detention centers.” The attorneys general in three states, including Virginia, have investigated the company in recent years.

Legal Aid said it was aware of the event but declined to comment, citing the ongoing litigation.

“The signs were clearly made in one place, by one person,” says the area resident who was approached by the protesters.  “That’s not how protests work. In grassroots protests, people like to make [homemade] signs. These were printed, but they were clearly trying to make them look like they were grassroots.”

Another witness who is familiar with the work of LAJC had similar reservations: “The signs said something along the lines of ‘LAJC is anti-immigrant.’ I certainly would not characterize the people there as anti-immigrant, so [the protest] was pretty shocking and strange.”

Nexus initially denied involvement in the protest. “The organizers were actually a group of young people (independent of Nexus) who are active in social justice,” wrote Heather Wilson, a Nexus public relations representative.

After C-VILLE asked why Nexus owned the associated website domain, which was created on November 10, Wilson changed her tune, saying that “Nexus helps set up advocacy websites all the time and the website was provided to the kids as part of their social justice work.”

Searches show that Nexus Services owns dozens of domain names, the majority of which are inactive variations on the word Nexus.

Anna Lohmiller, one of the demonstrators who participated in the event outside LAJC, claims that the group, called The System, is creating a reality TV show. “We go around and we gather information on certain cases that we believe there’s been injustices,” she says. She echoes the allegations on the flier, accusing LAJC of filing false affidavits on behalf of an immigrant who did not understand English.

The System, which currently has eight members, is not a part of Nexus, explains Lohmiller. However, Nexus president Mike Donavon is the lead producer for the show and an advisor to the group.

“He mentors us on a ton of different cases, and he just provides us with some basic knowledge about stuff that’s going on,” Lohmiller says.

Because the group is “just starting out with this,” Nexus also provided them with a domain for their website for free, she adds.

Lohmiller claims that LAJC’s lawsuit against Nexus has nothing to with her Nexus-affiliated group’s decision to protest LAJC. “We don’t independently base our decisions on what Nexus does,” she says.

One of the people who saw the protest in action has a different theory.  “I can only guess that they hired fake protesters, and they’re trying to smear the [LAJC],” the witness says.

Last year, LAJC sued Nexus for more than $1 million on behalf of six Central American immigrants, who accused the company of coercing detained immigrants into signing long-term contracts—written mostly in English—that cover their bail through third-party bondsmen. The contracts also force the immigrants, once released, to pay $420 per month for GPS ankle monitoring, plus other fees. The location tracking practice is not required by immigration authorities.

In other states over a period of years, numerous immigrants have accused Nexus of swindling them into predatory terms and conditions they didn’t understand, giving them ankle monitors that burst into flames, and forcing them into insufferable living conditions. Those unable to keep up with payments have reported being threatened with detention or deportation. (As an unlicensed middleman, Nexus has no authority to deliver immigrants to ICE, or force them to attend court hearings.)

“[Nexus] attempts to camouflage its practices by casting itself as a champion of immigrants…when in reality its scheme traps desperate immigrants into paying thousands of dollars, often in amounts far exceeding their bond,” says the LAJC lawsuit. “[This] scheme has siphoned more than $100 million from some of the most vulnerable immigrants and their communities.”

Because ICE requires its excessive bail prices, set as high as $60,000, to be paid by someone with legal status, many detained immigrants—if they are even allowed to post bail—have no choice but to turn to companies like Nexus for freedom, or remain imprisoned until their hearing, which can take months or years.

The lawsuit ultimately contends that Nexus should not be allowed to exist at all. Because Nexus acts as a middleman, rather than dispensing the bonds itself, it cannot be regulated by the federal and state laws that apply to licensed insurance and bail bond agencies. Therefore, it can charge clients heavily inflated prices.

Donovan has publicly condemned the lawsuit, claiming that it is full of “outright lies,” and misconstrues the company’s business model. He’s also accused LAJC of using the plaintiffs for “exposure.”

In 2009, while volunteering for Mike Signer’s unsuccessful lieutenant governor campaign, Donovan and his now-husband Richard Moore landed themselves five months in jail. The pair had rented out rooms and office space under fake names at hotels, and failed to pay the tens of thousands of dollars in bills.

In interviews, Donovan has claimed his months in jail led him to get involved in the bond business. Because of their felonies, he and Moore are prohibited from getting licensed as bondsmen, so they decided to become middlemen.

According to LAJC’s lawsuit, the couple formally established Nexus Services, Inc. in 2013. It has since grown to have more than 30 offices in eight states, with over 6,000 clients.

Since The Washington Post published a story in 2017 exposing the struggles faced by company’s clients, Nexus has been investigated by a string of state and federal government agencies. Last year, the state of Virginia threatened to shut down the company.

In recent months, Nexus has been active in other industries as well. This March it provided funding, described as “pandemic relief,” to the Shenandoah Valley Militia and Citizens Response Unit, a gun rights, anti-government group.

“Americans are being told to stay in their homes, being placed on mandatory lockdowns, and in some places threatened with jail if they violate those orders. This is not America and it’s surely not freedom,” said Donovan, whose company has reportedly violated the rights of undocumented immigrants.

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Lessons learned? Former mayor publishes his take on Charlottesville’s darkest days

As mayor of Charlottesville during the violent white supremacist invasion in 2017 that killed Heather Heyer and injured dozens, Mike Signer earned a place in the city’s history, and in the national spotlight.

Now, Signer has turned his leadership during the Summer of Hate into a book—one that, like the Charlottesville book written by former governor Terry McAuliffe, will not be launched in Charlottesville. (According to his publisher’s website, a book launch was planned for Richmond on March 10. The ensuing book tour does not include Charlottesville, though Signer says an event is tentatively planned at UVA law school.)

Signer’s arc in the mayorship—from a triumphant declaration of the city as the “capital of the resistance” in January 2017, to decamping from the infamous “Blood on your hands” council meeting post-Unite the Right and being called to task by his fellow city councilors that August—provided a trajectory previously unseen on City Council, one worthy of a flawed hero in a Greek tragedy.

Indeed, the title of his first-person account, Cry Havoc, comes from Marc Antony’s battle cry of “havoc” in Shakespeare’s Julius Caesar. The reference to classical tragedy continues in the book’s preface, which lists a cast of major characters from the Summer of Hate.

Signer, who faced a barrage of invective at almost every council meeting during his term from 2016 to 2019 and a parody Twitter account that describes him as “Founder, Capital of the Resistance & really important guy,” has his share of local detractors, some of whom will see his account as self-serving.

His response: “I think they should read the book. I try to be extremely honest and self-reflecting about my mistakes. I talk about the dangers of scapegoating. I talk about how I was tempted to scapegoat others. That certainly wasn’t the aim of the book.”

His intention, he says, was to provide “a useful first-person account from my perspective of this event, which it seems clear is going to be among modern American history’s touchstone events,” like Selma or Hurricane Katrina or Kent State.

He says, “I had a really unique perspective on this.”

And Signer was in the unique position of feeling the hate from both sides. He received enough anti-Semitic trolling from white nationalists that the Anti-Defamation League contacted him and reported it had compiled a file with 800 attacks. From critics on the left, he was dubbed “neo-fascist” and “Hitler’s best friend.”

What happened in Charlottesville, he says, is a microcosm of “democracy under siege” during the Trump era. “I have really deep feelings about Trumpism across the country,” adds Signer, who also authored 2009’s Demagogue: The Fight to Save Democracy from Its Worst Enemies.

In Cry Havoc, he explains some of the “more risky” actions he took as mayor, such as declaring the city the capital of the resistance during a giant press conference that drew hundreds, but also put the city in an awkward position because he didn’t obtain a permit, which made it difficult to cite Richard Spencer for his unpermitted tiki-torch rally later in Lee Park, according to the Heaphy Report.

Among the things he’d do differently now is explain more frequently the limitations of the mayor in Charlottesville’s city-manager-as-CEO form of government, he says.

He doesn’t deny pushing the bounds of the weak-mayor system, and when he blamed then-city manager Maurice Jones and former police chief Al Thomas in a Facebook post for the failures of August 12, he faced censure by his colleagues on council.

In the book, Signer calls most of their complaints “petty or plain false.” He chose to apologize rather than put the city through further turmoil by fighting the disciplinary action, he writes, and he agreed to conditions, such as not meeting with staff alone or making pronouncements as mayor without another councilor with him. However, in the footnotes, he points out that he ended up ignoring most of the restrictions placed on him.

He reconsiders the city’s attempts to discourage counterprotesters from showing up when the KKK came to town July 8, 2017, and the suggestion that locals should “not take the bait.” That could have been cast differently to acknowledge the people who wanted to bear witness to hate, says Signer.

His leap in front of the LOVE sign on the Downtown Mall August 17 is another wince-inducing incident. “It was totally tone deaf,” he concedes.

The book reveals previously unknown details—although not without contradiction. Signer alleges that Bellamy called him after the August 12 debacle to say both Jones and Thomas should be fired. Bellamy denies that he ever said that.

According to Signer, the Virginia Municipal League threatened to cancel the city’s liability insurance after he took aim at Jones and Thomas on Facebook. It also demanded the independent review that became known as the Heaphy Report not be released to the public.

“Thus I was put in a virtual straitjacket,” writes Signer. “I was told in no uncertain terms not to say anything further about the failures that had occurred, lest I expose myself personally to the cost of defending claims.”

One of the biggest struggles from the three white supremacist events of 2017—Spencer’s tiki-torch march around the Lee statue in May, the KKK in July, and Unite the Right in August—was “wrestling with the First Amendment,” says Signer.

He was repeatedly confronted with “First Amendment absolutism,” an interpretation by federal courts that he says made it almost impossible for state and local governments to limit potentially violent events. In his book, he introduces little-known 20th-century Supreme Court Justice Robert Jackson, who argued for more practical restrictions in the face of “planned imminent incitement.”

Signer, who’s currently vice president and general counsel at local digital product developer WillowTree, defends council’s attempts to move the rally to McIntire Park because of public safety concerns. “I worked with City Council to override the city manager, police chief, and city attorney,” he says, hiring an outside law firm to inform Jason Kessler his permit would be granted for McIntire Park.

Not surprisingly, Kessler sued, and on the night of August 11, just before Kessler’s neo-Nazi cohorts marched through UVA grounds with torches chanting, “Jews will not replace us,” a federal judge ruled the rally would stay in then-called Emancipation Park.

After the attack on UVA students standing in counterprotest around the Thomas Jefferson statue in front of the Rotunda, Signer says he got a text from then-UVA president Teresa Sullivan, asking the city to file a “motion for reconsideration based on new evidence”—the violence that had just occurred. But it was too late.

In his penultimate chapter, “Overcoming Extremism,” Signer details some of the lessons learned from Charlottesville’s experience. One of those is to separate antagonistic groups, which didn’t happen here and which “we wanted to do at McIntire Park,” says Signer.

When Governor Ralph Northam banned weapons from the Capitol grounds at the January 20 Second Amendment rally, Signer believes it was because of lessons learned from Charlottesville.

History and conflict are complicated and rarely play out in black and white. The best learning comes from the gray areas, he says, not from Hallmark or Hollywood treatments that neatly tie up events. “There’s a tradition that you see the truth and the learning in the honest account of the messy parts,” he says.

And one of the most valuable lessons of 2017 was it “showed the country how violent the alt-right is.”


At the first City Council meeting after the violence of Unite the Right, on August 21, 2017, furious protesters took over the dais and called for Signer’s resignation. Photo: Eze Amos

‘What is Mike Signer saying?’

“The Hon. Michael Signer” (as he’s identified on his book jacket) says he has tried to be “extremely honest and self-reflecting” in his new book. But it may take more than that to rehab our former mayor’s reputation here in Charlottesville.

In the fallout from the white nationalist rallies in the summer of 2017, complaints weren’t limited to the fellow city councilors who officially censured him or to the residents calling for him to resign. As newly unearthed public records indicate, local Democratic mega-donor Sonjia Smith, whose daughter was assaulted at the rally, also criticized his performance after Unite the Right.

“I’ll add my voice to the voices of many saying, ‘Why did the police stand by and do nothing?’ and, ‘What is Mike Signer saying?’” Smith wrote in an email to public relations specialist Susan Payne.

“Mike is not doing himself any favors in his discussion of the police response,” she added. “I listen to him, and I realize that I will do everything in my power to stop him from being in a position of authority over me and the people I love.”

Payne forwarded the response to Signer, who replied, “This is a problem.”

Laura Longhine

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In brief: Monumental movement, Bloomberg boomtown, Buttigieg’s buddy

Monumental movement in Richmond

Bills allowing localities to move or remove Confederate monuments passed through the Virginia Senate and House of Delegates on February 11. The Senate bill passed 21-19, a party-line vote, and the House bill passed 53-46. The bills aren’t law just yet, but their passage represents a significant victory for those who hope to see Charlottesville’s statues discarded. The two bills have slightly different language, and it remains to be seen exactly what provisions the final version of the legislation will include. Governor Northam has supported the idea of local control of monuments. 

Additionally, the House passed a bill to decriminalize simple possession of marijuana, replacing criminal charges with small fines. The decriminalization bill passed with bipartisan support, but full legalization won’t move in this session.

February 11 was the General Assembly’s “crossover,” when the Senate and House of Delegates finish drafting legislation and begin considering the other body’s bills. With no more new bills coming in, the second half of the session will see legislators focus on ironing out the budget.

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Quote of the Week

“UPDATE: I have not yet been escorted out of the UVA Center for Politics.”

­—UVA Politics professor and election forecaster Larry Sabato, after President Trump tweeted that “Sabato got it all wrong last time.” 

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Bloomberg boomtown

Former New York City Mayor Mike Bloomberg opened an office in Charlottesville this week, becoming the first 2020 presidential candidate to set up shop in town. Bloomberg has eschewed early states and instead campaigned hard in Super Tuesday states like Virginia. The presidential hopeful has a net worth of $62 billion, and has spent more than $200 million of his own money on his campaign so far. His office is on Second Street SE, across from Friendship Court, where median income is around $14,000.

Mayor mates

Mike Signer has found a new hustle as a Pete Buttigieg booster, according to his Twitter feed. The former Charlottesville mayor visited New Hampshire this week to campaign on behalf of Buttigieg, another small-city mayor with big-time aspirations. Signer tweeted that he was “thrilled” by Pete’s “character, determination, and vision.” Meanwhile Signer’s wife, Emily Blout, has been knocking on doors for Elizabeth Warren.

Putting in (too much) work

For several years, Charlottesville has had a shortage of EMTs and firefighters due to lack of funding—and the Charlottesville Fire Department is paying the price. According to The Daily Progress, CFD has relied on staff working multiple overtime shifts every week, costing the city millions in overtime pay. Fire Chief Andrew Baxter says he’s asked the city for funding to hire more staff multiple times over the years, but it has yet to be approved.

Not boxed in

Don’t throw away that pizza box! The McIntire Recycling Center now allows residents to drop off pizza boxes for composting. All plastic, including sauce containers and pizza savers, must be removed from the boxes before they’re put in the compostable food waste container (near the cardboard compactor).  

 

 

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Fond (and not so) farewells, statue drama, and more

Priorities

Weeks after self-appointed Confederate monument defenders began monitoring downtown parks, city police arrested two Charlottesville residents for allegedly vandalizing the Stonewall Jackson statue in Court Square in the wee hours of the morning of December 19. Nic McCarthy-Rivera and former C-VILLE writer Jesse Tobias Beard have been charged with misdemeanor trespassing and felony vandalism.

Murky waters

Don’t let go of that balloon! After four years of research and analysis, the Virginia Aquarium & Marine Science Center has found that balloons—along with plastic bottle caps—are the most frequently found litter items on four of Virginia’s remote beaches. Cigarettes, food wrappers, bottles, bags, and plastic rope also made the list. All pose an extreme danger to marine life.

Out with the old

The current City Council held its final meeting December 16, with Wes Bellamy, Kathy Galvin, and Mike Signer bowing out. “I just want to tell you, in front of everybody else, that you’re amazing. I am stronger in these rooms because of you. And I’m going to miss you,” Mayor Nikuyah Walker told Bellamy. Not everyone earned such a warm send-off: “Mr. Signer, I’m sorry, you failed us horribly as mayor,” said one local citizen during public comment.

Key market economy

Fans of tacos, donuts, and handmade jewelry rejoice—Charlottesville’s popular City Market will be open for a winter session this year. Organizers say that around 40 vendors will be setting up in the Key Recreation Center downtown each Saturday morning from January 11 to March 21.


“We may not be able to recognize it because we’re living in it, but five, ten, fifteen, twenty years from now, the nation—and the world for that matter—will remember this council, these people, and all of us for the change that we brought forth.”

Wes Bellamy, speaking before his final meeting as a member of City Council

 


Farewell, Dell

“The Dell” public basketball courts will be demolished and replaced with the Contemplative Commons by fall 2023. Photo: Skyclad Aerial

The popular public basketball courts on Emmet Street—known as “the Dell,” for their proximity to the pond—are set for demolition.

Earlier this month, UVA announced plans to build a sleek new academic building called the Contemplative Commons, a multi-use space that will house the Contemplative Sciences Center. The new building will occupy the space where the university-owned courts currently sit.

Jack Morris, a computer science master’s student who attended UVA as an undergraduate, says he’s played at all the basketball courts available to students and that the most skilled people play at the Dell.

The courts also serve as a rare intersection between Charlottesville and UVA. “That’s really the only time in my whole four or five years of living in Charlottesville that I’ve gotten to meet a whole bunch of people that are outside the sphere of UVA,” Morris says.

Charlottesville native Jack Ronayne has been playing at the dell his whole life. Ronayne, who did not attend UVA, says the public courts serve an important function for a school that hasn’t always had a smooth relationship with the city. “It’s a nice common space that people of all different walks of life can use,” Ronayne says. “Sports are a great unifier.”

“I just remember going out on hot, humid summer nights and playing some good basketball games with friends,” Ronayne says. “It’s just a cool facility.”

According to the UVA Office of the Architect, the university will build a new bank of three public, outdoor courts adjacent to Memorial Gymnasium, just across Emmet from the current site.

The Contemplative Commons is supposed to be completed by the beginning of the 2023 fall semester. Construction on the new courts is set to begin in late summer 2020.

“The Dell” public basketball courts will be demolished and replaced with the Contemplative Commons by fall 2023.

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In brief: a new plan for Starr Hill, CRB moves forward, Saga boots again, and more

A new plan for Starr Hill

Since last spring, the New Hill Development Corporation has been working on a Small Area Plan to guide development in the Starr Hill area, which runs from Preston Avenue to the CSX Railroad along West Main Street.

On November 4, the African American-led nonprofit, which was awarded $500,000 to study the issue, presented its research to City Council, concluding that the area continues to suffer from racial disparities in income, education, entrepreneurship, and housing. It believes the best ways to strengthen Starr Hill’s “economic and social fabric” are to increase support for small businesses and entrepreneurship, especially in high-growth industries, and to better prepare black residents for “next-generation jobs,” such as bio-tech and construction. It also wants to develop more affordable living and work spaces, promoting equity and connectivity in the community.

New Hill proposed developing the City Yard, currently used as a maintenance facility, into a mixed-use area with 85 to 255 majority affordable housing units and flexible business/commercial spaces focused on workforce development. The group did not mention how it would address potential contamination on the site from the old gas plant.

New Hill also proposes adding 10 to 46 majority affordable housing units to the Starr Hill residential area and making its streets more pedestrian friendly, as well as transforming the Jefferson School into a “public square” with an amphitheater, art installations, murals, parking spaces, pocket parks, and an enhanced Starr Hill Park. Creating better connections between the Jefferson School and downtown was proposed as well.

New Hill encouraged City Council to endorse its plan and  “low hanging fruit” projects, such as the proposed improvements to Starr Hill Park. The group’s next steps are to secure partnership commitments, establish an advisory committee of local residents, and continue ongoing conversations with key supporters, like UVA and the Jefferson School Foundation.

 


Quote of the week

It makes no sense to put the city tree where no one will see it.” — Charlottesville resident Tony Walsh, protesting council’s moving of the downtown Christmas tree from near the Paramount to in front of City Hall


In brief

Cooperating behind closed doors

At its November 4 meeting, City Council voted 4-1 to disband the Planning & Coordination Council, an advisory group that’s been around since 1986 and was designed to help UVA, the city, and the county cooperate on development issues. It will be replaced by a group comprised of “technical professionals” with an expanded scope to include environmental issues (like stormwater, solid waste, and sustainability) and infrastructure. But the meetings will no longer be open to the public.   

CRB moves forward

The Charlottesville City Council also voted Monday to approve the bylaws and an ordinance for the Police Civilian Review Board, despite some CRB members’ dissatisfaction with council’s revisions to the initial proposal. The board, which was established following the 2017 Unite the Right Rally, is intended to build trust between Charlottesville police and the community. New members will be named to the CRB by mid-December.

The People’s Coalition held a rally outside City Hall October 21.

Saga boots again

Longtime Charlottesville Radio Group operations manager and WINA morning host Rick Daniels was fired last month, allegedly for playing a clip with an f-bomb. Daniels, who had been with the station for the past 30-odd years, used to host “Morning News” with Jane Foy, who was also unceremoniously dumped a year ago. Les Sinclair, who hosts an afternoon talk show on WINA and is its program director, and does those jobs at Z95, has been named operations manager for the stations. Charlottesville Radio Group is owned by Saga Communications, which has recently petitioned the FCC to not renew licenses for five local nonprofit stations.

More from Mike

City Council member and former mayor Mike Signer launched his latest venture October 28: a 60-page report and podcast series titled “Communities Overcoming Extremism: The After Charlottesville Project.” The report, which Signer unveiled in Washington, D.C., brings together ideas from different leaders across the country and discusses policies to prevent the escalation of violent hate groups. Backed by big-name donors like the Charles Koch Institute and the Anti-Defamation League, the project hopes to provide communities with the know-how to combat intolerance and political violence.

Progress staffers win union election

In a 12-1 vote, the staff at The Daily Progress voted to unionize on October 30. The election, monitored by the National Labor Relations Board, came two weeks after the Progress staff announced their intention to form a union, and after BH Media, which owns the paper, did not voluntarily recognize the union. Reporters, copy editors, photographers and a few other newsroom employees comprise the Blue Ridge NewsGuild, which plans to fight for fair wages, increased severance, and more community input. The Progress is the third BH Media-owned publication to unionize.

A job well done

UVA first-year and Charlottesville High School alum Zyahna Bryant was listed in Teen Vogue’s “21 Under 21: The Young People Changing the World.” Bryant, who sits on the Virginia African American Board, led the charge in the campaign to remove the Robert E. Lee statue in Charlottesville at only 15 years old, and was the founder of her high school’s Black Student Union. Bryant published a book of essays and poems earlier this year, entitled “Reclaim.”

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Party favors: Dems question Mike Signer’s support of independent Bellamy Brown

When Mayor Nikuyah Walker was elected to City Council in November 2017, she became the first independent candidate to claim a seat since 1948. A few weeks ahead of the 2019 election, another independent is making headway among prospective voters—and current councilors.

Bellamy Brown raised more than double the amount of money between July and August as any other candidate who will be on the ballot next to him in November, according to election data reported by The Daily Progress. That includes $250 from outgoing Democratic Councilor Mike Signer, donated through his New Dominion Project political action committee.

Signer has been under fire for the donation from the Charlottesville Democratic Committee, which abides by state party bylaws that prohibit members from publicly supporting opponents of Democratic candidates in local elections. In a September 21 meeting, Signer was threatened with expulsion. He says he didn’t know he was acting in violation of the bylaws and that he hadn’t heard from the committee “in two years.”

“These party rules are kind of baked in the cake and they’re so antiquated…They come from this different era, which is before what we’re looking at now when an independent candidate can win 8,000 votes,” Signer says.

Brown is running against Democrats Sena Magill, Michael Payne, and Lloyd Snook, as well as fellow independents John Hall and Paul Long. Councilor Heather Hill’s husband, Jonathan, also donated $500 to Brown’s campaign, but that’s not a violation of the party bylaws. Hill donated $225 to Magill and says she’s most concerned with identifying candidates whom she could work well with.

“The Democratic slate of candidates is strong, but there are strong candidates beyond the Democratic slate and I welcome the opportunity to work with whoever is successful in the election,” Hill says. “Each candidate brings something unique to the table that’s beneficial.”

Both Hill and Signer have expressed frustration with public outbursts at City Council meetings, and Signer has criticized Walker for not enforcing rules. Brown has called City Council conduct “shameful,” and said governance cannot succeed among disorder.

Typically, members who wish to support an independent candidate must resign from the Democratic committee in order to do so. They have the option of reapplying to the committee after the election, but can no longer retain ex-officio status granted to former officials. Former mayor Dave Norris was among the members who stepped down when Walker ran.

“I was never involved in committee matters,” Norris says. “I can’t remember the last time I attended a Democratic Party event or a committee meeting, it’s been years. So it was really kind of a moot point for me, and even when I was in office I publicly endorsed, for instance, [Chip Harding], a Republican for sheriff of Albemarle County. I’ve always voted for the person over the party.”

None of the Democratic nominees running against Brown say they were offended by Signer’s decision to support someone from outside the party, but Magill believes elected Dems have a “responsibility” to the party that helped them get elected. And Snook said he expected Signer to have the party’s back “because that’s what the rule says.” Payne declined to comment on the councilor’s decision.

When asked about their views on Brown’s platform, both Magill and Snook said they didn’t really know what it was because he’s been “vague” about specific policy ideas.

“I know that the other candidates will say that I’m vague, but to me that’s because they don’t have anything else to say,” Brown says. “They try to define me in different ways and they haven’t been successful at doing so.”

Brown, like the other candidates, considers affordable housing to be one of the most defining issues of the upcoming election, but has yet to lay out a specific plan for fixing the local crisis. He promotes “fiscal responsibility,” and has said he wants to reduce taxes and create more jobs in the area rather than rely on public funding.

“When you have to work across the board and get at least two other votes [to pass a City Council decision], you can’t go in and say, ‘Oh, I’m going to go and get a $50 million bond for public housing,’ because you need two other people to do that,” Brown says. “You can be specific all you want, but if you can’t implement it, it doesn’t matter.

If another independent joins Walker on City Council, the local Democratic party will have its weakest majority hold on the local governing body in decades. Regardless, Signer hopes the committee will reconsider its role in the community, taking a more active approach by advocating for its elected members’ policies and reexamining its bylaws.

“The party isn’t proactively serving in a resource capacity to current Democratic office holders,” Signer says. “We have had real political and policy fights where it would be helpful to have back up and resources…It would be nice to know the party had our back and was there doing what parties traditionally do, which is support their office holders. And that hasn’t happened at all.”

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Judge explains: Motions still to be ruled upon in Confederate statue lawsuit

Judge Rick Moore got one big issue out of the way in the two-years-long lawsuit against the city and City Council for its 2017 vote to remove statues of Confederate generals: The monuments of generals Robert E. Lee and Stonewall Jackson are indeed war memorials under state code, which prohibits their removal.

In court May 1, he started off the status hearing by explaining his April 25 ruling, because of misunderstandings that he said had occurred.

“It was a critical decision, but it is not the end of the court case,” said Moore, who took the opportunity to note the two boxes of case files and how busy he is to explain why it has taken so long to get rulings on the motions that have been filed. “This is just one case. I’m just one judge. This is an important case, but not the only one I have.”

The lawsuit was filed by 13 plaintiffs, including the Monument Fund and the Sons of Confederate Veterans, who allege councilors Wes Bellamy, Bob Fenwick and Kristin Szakos unlawfully voted to remove a statue of Lee donated to the city by Paul Goodloe McIntire. The vote to remove Jackson was added to the suit after August 12, 2017, when councilors Mike Signer and Kathy Galvin joined the unanimous vote to oust the Confederates.

All of the councilors were in court except for Fenwick, as were a number of the plaintiffs, including Frank Earnest with the Sons of Confederate Veterans, who has traveled from Virginia Beach for hearings over the past two years, Monument Fund organizer Jock Yellott, and Dickie Tayloe, whose First Family of Virginia was once one of the largest slave owners in the state.

Moore did issue a ruling, and denied a plaintiffs’ motion to keep the defense from using equal protection under the 14th Amendment as part of its case. That argument says because the Civil War was fought primarily over slavery, the statues are part of an effort to intimidate African Americans.

“Equal protection being constitutional, it would be hard for me to say you’re not going to argue that,” he said. “I’m not in a position to say the defendants cannot prevail on that.”

Yet to be ruled upon is a motion to determine whether councilors had statutory immunity when they voted to remove the statues, and Moore said that’s next on his list.

Plaintiffs attorney Braxton Puryear complained that councilors had not provided depositions or discovery that would help him determine whether they acted with gross negligence when they voted to remove the statues, a key in determining immunity.

Legal powerhouse Jones Day is representing pro bono all of the councilors except Fenwick, and attorney Esha Mankoti said that’s why the issue needs to be decided immediately, because if councilors have immunity, their emails would be protected as well.

“That argument has the flavor of a circular argument.” said Moore, who said he sympathized with the plaintiffs, who have been asking for discovery for two years. “You don’t postpone the depositions,” he said.

He said the emails they sent each other the night before the vote could be the “smoking gun” if councilors said, “We can do what we want.”

Still, the judge wasn’t ready to say council’s actions amounted to gross negligence.

Moore also needs to decide on the city’s argument that a 1997 law that prohibited the removal of war memorials is not retroactive, as well as what issues can go before the jury in the September trial.

Outside the courthouse, plaintiff Buddy Weber felt “very good” about the recent ruling that the statues are war memorials.

However, activist Ben Doherty described Moore’s ruling as buying into the Lost Cause narrative because it neutralizes what is “overt white supremacy.”

Attorney Janice Redinger, who is not involved in the case, says, “I think there’s a chilling effect that these legislators may be personally liable for passing an ordinance. Look at all the unconstitutional laws passed by the General Assembly.”

 

 

 

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Surprise, surprise: Councilors Bellamy and Signer will not run for re-election

For some, it came as a shock when City Councilor Wes Bellamy announced yesterday that he would not run for re-election, especially considering his public remarks the week before that made it sound otherwise.

At his March 20 Virginia Festival of the Book event with former New Orleans mayor Mitch Landrieu, where the two politicians discussed how Confederate statues are symbols of institutional racism, Bellamy indicated he was likely to run for a second term because the best way to change policy “is through elected office.”

But a Rob Schilling report—from just a few hours before the 125 signatures needed to participate in the Democratic primary were due yesterday—cited “recent reports from deep inside the nascent Bellamy campaign” that he was more than 75 signatures short.

Then the former vice-mayor penned an open letter to the community, which said, “I love the people of this city, but I love my wife, my daughters, and our unborn child more. And because of my love for them, I am stepping aside for new energy. …Honestly, I need a break for my mental health, my physical health, and my family’s well being.”

Though city council voted unanimously to remove Charlottesville’s Confederate monuments after the Unite the Right rally, Bellamy, who has been calling for their removal since 2016, bore the brunt of the vitriol from local and faraway statue supporters and racists. Those included Jason Kessler, who dug up some problematic, years-old tweets from the only black councilor at the time, and called for his resignation.

Bellamy has publicly discussed the multitude of threats he and his family members receive daily.

“Some people will say that I’m quitting, or that I’m giving up, and that’s okay,” Bellamy wrote. “Some will say that the haters won. That’s okay, too. What matters most is not what people say, but what we do.”

Local activist and UVA professor Jalane Schmidt says Bellamy’s legacy includes bringing up the city’s difficult white supremacist history and present, a push for equity, a community presence, and an effort to connect people who’ve “been left out by the system” to city resources.

Deacon Don Gathers says he was “troubled and somewhat hurt” to find out Bellamy wasn’t running again, but he understands putting family first.

“I applaud him and I appreciate everything that he’s done and tried to do for the city as a whole and the black community, specifically,” says Gathers. “I really think that he has always had the community’s best interest at heart, and not everybody was going to agree with the direction that he took to try to move us forward.”

Gathers initially planned to run for council this term, but cited health concerns as a reason he did not officially launch a campaign. He and Schmidt have publicly supported Democratic candidate Michael Payne, who will now officially run against Lloyd Snook, Bob Fenwick, Sena Magill, and Brian Pinkston in the primary, where no incumbents will be on the bill.

Former mayor Mike Signer’s name also didn’t make the list of those in the running, and in the public statement he posted to Twitter yesterday, he also mentioned his family.

“My wife and I never intended that I would serve more than one term on city council,” he said. “Another four years would however be hard to balance with the competing demands of raising two young kids, my day job, and my work on initiatives like Communities Overcoming Extremism.”

Schmidt says it was no secret that Signer had higher political ambitions—including an unsuccessful campaign for the Democratic nomination for lieutenant governor in 2009—before moving to Charlottesville and being elected to city council in 2015.

“There were many of us who suspected that this was a kind of stepping stone,” she says. “It seems that his aspirations were dashed by his failure to address the [August 11 and 12, 2017,] attacks.”

Signer’s leadership came under fire in former federal prosecutor Tim Heaphy’s independent review of that summer’s white supremacist events. In what was already a maelstrom of poor planning, Heaphy found that city council further complicated matters by making a last-minute decision to move the Unite the Right rally to McIntire Park, despite nearly unanimous advice that such a move would not withstand a legal challenge and spread police resources even further.

In an August 24 Facebook post, Signer publicly pointed the finger at then-city manager Maurice Jones and police chief Al Thomas for the devastating events.

And then on August 30, his fellow councilors held a three-hour closed door meeting to discuss his performance and potential discipline, where they seemingly accepted his apology—which he also read to reporters and community members who gathered in council chambers.

“In the deeply troubling and traumatizing recent weeks, I have taken several actions as mayor, and made several communications, that have been inconsistent with the collaboration required by our system of governance and that overstepped the bounds of my role as mayor, for which I apologize to my colleagues and the people of Charlottesville,” he said.

Schmidt says he’ll also be remembered for his reluctance to move the statues, support of luxury developments such as Keith Woodard’s now-defunct West2nd condos at a time when affordable housing was a pressing need, and his “foray into public consciousness,” when he became president of the Fifeville Neighborhood Association just as it was starting to gentrify, she says.

Though Gathers was one of Signer’s more vocal critics, especially in the fallout of August 12, he says he wishes him success in all his future endeavors.

“As he exits, I’m certainly not going to take shots at him,” he says. “I’m sure that he did the best that he thought he could, and what he felt was best at the time.”

Though Fenwick is once again in the running, the departure of Signer and Bellamy—along with Kathy Galvin, who’s running for the House of Delegates, instead—means there could be no remaining councilors on the dais who called the shots during the Summer of Hate. Is Charlottesville turning over a new leaf?

 

Updated March 29 at 2:37pm.

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In brief: Perriello saves the day, lots of $$$, and council retreat chaos

Perriello’s Sierra Leone rescue

A desperate mother needed to get her 5-year-old daughter out of Sierra Leone in 2003, and asked a stranger at the airport to take her child to her grandmother in the U.S. Fifteen years later, Zee Sesay learned that the man who brought her daughter to safety was former congressman Tom Perriello, according to BuzzFeed. Perriello calls it “one of the crazier experiences” of his life.

Another renaming?

City Councilor Wes Bellamy pounced on the last few moments of the December 17 City Council meeting to suggest renaming Preston Avenue, which gets its moniker from Thomas Preston, a Confederate leader, slaveholder, and former UVA rector. Is Jefferson Street next?

Big bucks

Local philanthropist Dorothy Batten—yes, the daughter of Weather Channel co-founder and UVA grad Frank Batten—will donate $1.35 million to a Piedmont Virginia Community College program called Network2Network, which trains volunteers to match community members with open job listings. 


Quote of the week: “I have never been disrespected the way I have been here in Charlottesville.”—Police Chief RaShall Brackney


Bigger bucks

Following the Dave Matthews Band’s recent announcement that it, together with Red Light Management and Matthews himself, will give $5 million to local affordable housing, came the news that another $527,995 in grants will be doled out to 75 local nonprofits through the band’s Bama Works Fund, which awards similar grants twice a year.

Remains IDed

Police arrested and charged Robert Christopher Henderson with second-degree murder December 20 in connection with the death of Angela Lax, who was reported missing in August. County detectives, who found skeletal remains in the woods along the John Warner Parkway’s trails in November, suspect that Henderson killed Lax in June and dumped her body.

Clerk’s Office closing

Hope you don’t have any important deeds to file or a marriage license to pick up during the first week of the new year, because the Charlottesville Circuit Court Clerk’s Office is moving to new temporary digs during a massive courthouse renovation and will be closed December 31 through January 4 for the holiday and for the move.


Maybe a little bit of “vitriol”

What happens when City Council has a daylong retreat, and two people live tweet the gathering? Here are some excerpts from the December 18 event with Mayor Nikuyah Walker, councilors Wes Bellamy, Kathy Galvin, Heather Hill, and Mike Signer, as narrated by Molly Conger, aka @socialistdogmom, and Daily Progress reporter Nolan Stout. Click to view their threads.

 

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In brief: Councilors’ credit cards, ACA sign-up perils, abusive language verdict and more…

Using ACA insurance? Read this first

Yes, the Affordable Care Marketplace is still here, and sign-up ends December 15. Counselors at the Jefferson Area Board for Aging have seen a few surprises in the process, and want residents to be aware they could face some unpleasant results if they simply auto-enroll this year.

One big difference: Optima was the only insurance carrier in the marketplace in 2018. This year Anthem is back, which provides more options, but also can affect the amount of the subsidy for those who qualify.

Joe Bernheim at JABA explains: With two carriers, the benchmark plan—that’s the second-lowest-cost silver plan—will be less than what consumers saw last year. That means that government subsidy will be lower, and those whose income allows them to qualify for the subsidy will see higher premiums.

What you need to know

  • Don’t auto-enroll. You may be able to get a better plan or lower premium.
  • Some people have received letters with estimates from the current carrier that are inaccurate and much lower than what the premium will actually be.
  • Consumers are being offered “direct” and “select” plans. The select plans exclude most of the doctors at UVA, while direct plans offer a broad network of local providers. If you auto-enroll, you could be put in a select plan.
  • People who aren’t eligible for the subsidy will see lower premiums and a broader network of providers.
  • If you’re signing up for newly available Medicaid, there’s no deadline, but JABA advises going to the Marketplace website (healthcare.gov) to cancel ACA insurance or you may be charged.
  • Can we say it again? Don’t auto-enroll, and do sign up before the December 15 deadline.

Quote of the week

“I feel like court’s going to be watching my daughter die again, over and over and over.”—Susan Bro, Heather Heyer’s mother, on NPR.


In brief

Tinsley sexual misconduct suit

Trumpeter James Frost-Winn’s $9-million sexual harassment lawsuit against former Dave Matthews Band violinist Boyd Tinsley is scheduled for trial September 9, 2019, in Seattle. Tinsley announced he would not be touring with the band in February, the same day he got a demand letter from Frost-Winn’s attorney.

Another pipeline delay?

The U.S. Army Corps of Engineers has suspended a permit necessary for the 600-mile, $6 billion Atlantic Coast Pipeline to cross the 1,500 streams along its path from West Virginia to North Carolina, for concerns of harm to aquatic life. This is one of several setbacks Dominion has faced since it began building the pipeline this year, but a spokesperson says it’s still scheduled for completion by the end of 2019.

Censorship suit

Local attorney Jeff Fogel has filed yet another lawsuit regarding prison censorship. He’s now representing Uhuru Baraka Rowe, an inmate at Greensville Correctional Center, who claims his First and Fourteenth Amendment rights were violated when prison officials at the Sussex II State Prison censored essays he wrote about conditions in the facility.

Win for Miska

 

Anna Malinowski at a 2017 protest. Staff photo

Local anti-racists like to scream at John Miska, a veterans’ rights and Confederate statue supporter. Recently, in Albemarle General District Court, a judge found Anna Malinowski guilty of abusive language for accosting him outside a school board meeting. At an earlier hearing in the city, a judge let Donna Gasapo off the hook for similar behavior.


Councilors’ credit line

In a much-discussed story that appeared in the November 25 issue of the Daily Progress, reporter Nolan Stout examined the $26,784 in charges (and taxpayer money) that city councilors have racked up on their city credit cards over the past year and a half. All five councilors have one, and four of them have a limit of $20,000—except for Mike Signer, who as mayor inherited the council’s original card, with a credit limit of $2,500.

Vice-Mayor Heather Hill hasn’t used her card, and Councilor Wes Bellamy, who has traveled extensively for various conferences, has spent the most, charging more than $15,000 from September 6, 2017, to October 29 of this year. Local activist group Solidarity Cville has called the article a racist “hit piece” on Bellamy, and said it wouldn’t have been written if white Councilor Kathy Galvin were the highest spender. All councilors were within budget and mostly used their cards for out-of-town meals, hotels, and travel, but here’s what some of the specific charges looked like:

Charged up

  • $1,418 spent by Bellamy at a Le Meridien hotel for a National League of Cities conference in Charlotte
  • $15.52 spent by Bellamy at Kiki’s Chicken and Waffles
  • $41.17 spent by Bellamy at Hooters
  • $1,000 spent by Signer on a hotel to speak on a panel called “Local Leadership in the Wake of Terror” at the SXSW Cities Conference in Austin, Texas
  • $307.19 spent by Signer, mostly for meals and Lyfts in Austin, “many of which were at midnight or later,” notes the reporter
  • $101.09 spent by Mayor Nikuyah Walker at Ragged Mountain Running Shop ahead of her event called “Get Healthy with the Mayor”
  • $132.22 spent by Walker at Beer Run
  • $706 spent by Galvin on a Hyatt hotel for a two-day forum in Washington, D.C.
  • $4.99 spent by former City Council chief of staff Paige Rice on an iTunes bill