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In brief: VSP whites out, Queen of Virginia sues, Hoos win World Cup, and more…

State police redact—heavily

Natalie Jacobsen, a reporter who has written for C-VILLE, has been trying to get the Virginia State Police to release its August 12, 2017, operations plan for almost two years under the Freedom of Information Act. She seemed close May 22, when a Charlottesville judge ordered the state police to produce the plan. However, what Jacobsen received is a document with 132 blank pages, and she’s going back to court.

According to the motion her attorneys with Reporters Committee for Freedom of the Press filed July 9, the entire report was redacted except for portions previously published in the Governor’s Task Force and the Heaphy reports.

State police “were required to release all portions” of the operations plan, including non-public parts that are not subject to the tactical plans exclusion in FOIA, says the court filing. Jacobsen also objects to the state agency citing other FOIA exemptions for first time, and says with the
blank pages, she’d have to guess at which exemptions police are applying to particular information.

She wants the court to order state police to immediately release portions of the 177-page plan that were improperly redacted. A hearing date has not been set.


Quote of the week

“We want Charlottesville to be known as a community that has learned important lessons from our long and complex racial history, from the Summer of Hate, that we are resilient, and that we have set a course for a better future for all of our residents.” —City Manager Tarron Richardson on ditching TJ’s birthday


In brief

Commonwealth’s Attorney Joe Platania got sued by a game maker who took issue with Platania’s assessment of Queen of Virginia’s legality. staff photo

Prosecutor sued

The company that makes the Queen of Virginia game filed a lawsuit against Charlottesville Commonwealth’s Attorney Joe Platania, who banned the machines in the city in June and said enforcement would begin August 5 for those who had not removed the games, according to the Daily Progress. According to a post on SafeBettingSites.com, the manufacturer contends the machines are “skill games,” while Platania says they violate Virginia’s law against illegal gambling. 

World Cup Hoos

Three former UVA soccer players—Becky Sauerbrunn, Morgan Brian, and Emily Sonnett—were on the winning U.S. national women’s soccer team in Lyon July 7, and UVA women’s soccer head coach Steve Swanson served as an assistant coach.

Sanctuary fine

ICE is threatening to impose a $214,000 fine on Guatemalan refugee Maria Chavalan Sut, who has lived in Wesley Memorial United Methodist Church since October while she fights deportation, the DP reports. The Reverend Isaac Collins says “The purpose of it is to intimidate Maria and to put pressure on her.”

Can’t shut up

Crying Nazi Chris Cantwell allegedly threatened one of the lawyers suing him for damages stemming from August 2017. Attorney Roberta Kaplan asked a federal judge to order Cantwell to stop making “unlawful threats” on social media, such as this on Telegram: “When this stupid [anti-Semitic slur] whore loses this fraudulent lawsuit, we’re going to have a lot of fucking fun with her.”

State Senator Bryce Reeves points out that one of his Senate colleagues is “openly gay” at an NRA gathering. file photo

Sexual orientation noted

At an NRA conference in Fredericksburg in June, state Senator Bryce Reeves, who represents eastern Albemarle, said the agenda of the only “openly gay senator,” Adam Ebbin, is “infanticide” and gun bills, and that Dems want a “$20, $25” minimum wage, the Washington Post reports. Ebbin disputes Reeves’ characterization of his legislative goals, and says he’s “offended,” “hurt,” and “shocked” Reeves would invoke his sexual orientation.

Warmbiers want ship

The parents of UVA student Otto Warmbier have filed a claim for a North Korean cargo ship as payment on the $500 million judgment they received in the death of their son following his imprisonment in North Korea. 

Mall shooting

A shot was fired into the Commonwealth Restaurant & Skybar around 11:30pm July 5. Police found a bullet hole in the window, but no one was injured. Tayveyon Laric Brown, 18, was arrected and charged with attempted malicious wounding, shooting into an occupied dwelling, discharging a firearm in the city, discharging a firearm in a street or place of public business and reckless handling of a firearm.  

Caretaker crime

Danielle Messineo, of Madison, was sentenced July 3 to 10-and-a-half years active incarceration for forging checks and stealing money from a quadraplegic relative. She was convicted of three counts of grand larceny and three counts of forgery. Her sentence exceeded the two-and-a-half years sentencing guidelines because of the victim’s vulnerability and her position of trust as a caretaker, said the judge.


Scoot on!

Electric scooters will remain another six months, but hint to riders: Stop riding them on the sidewalk and blocking pedestrian traffic.

Lime and Bird electric scooters have made over 115,000 rides and sent 32 people to the emergency room in the six months since they came to town in December. Those were a few of the details City Council learned at its June 17 meeting, where council members voted to extend the pilot scooter program—before Bird took a summer hiatus.

Charlottesville residents will now have until at least December 2019 to rent ’em and ride ’em. For a starting fare of $1 and 15 cents a minute, riders can zip around in bike lanes and streets anywhere in the city—except the Downtown Mall, a designated no-go zone. City Council also voted to expand the scooter fleet from 200 to 300.

City staff identified several concerns with the program: users riding on sidewalks, leaving scooters willy-nilly around town, and not wearing helmets. Both Lime and Bird require participants to sign a virtual agreement to wear one but, with no concrete way to enforce this rule, residents are opting to go helmet-less.

But at 700 rides a day and growing, safety concerns don’t seem to deter potential riders.

In the meantime, the committee will continue to collect data on the pilot program, and City Council will reconvene in December to decide the permanent fate of the scooter sensation.

Correction July 16: The original scooter story should have indicated the nearly 700,000 gallons Lime says it’s saved are since the company was founded, not here in Charlottesville.

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A12 plan: Judge rules state police must release it

More than a year and a half after a freelance reporter requested the Virginia State Police and the Office of Public Safety turn over its Unite the Right public safety plans, a judge ruled today that it’s time for the state to cough them up—although with some confusion about redaction and release.

Natalie Jacobsen worked with Jackson Landers, both of whom have written for C-VILLE, on the documentary Charlottesville: Our Streets about the August 12, 2017, Unite the Right rally during which dozens were injured and Heather Heyer was killed. Police were widely criticized for standing by while white supremacists and counterprotesters clashed in the streets.

Jacobsen filed a request for the safety plans under the Freedom of Information Act in 2017, and when the state refused to produce any documents, she sued, aided by the nonprofit Reporters Committee for Freedom of the Press, which represents journalists around the world.

In Charlottesville Circuit Court last April, Judge Richard Moore ordered that the state turn over a redacted version of the safety plans. That same day, he issued a stay to the order so the commonwealth could appeal it.

In November, the Supreme Court of Virginia ruled against the state because its appeal was filed several days before Moore had issued a final order.

During the May 22 hearing, Deputy Attorney General Victoria Pearson maintained the state should not have to release the safety plans because FOIA exempts tactical plans and because some information was already released in the reports from the governor’s task force and Charlottesville’s Heaphy report.

Virginia State Police did not turn over its plans to either investigative group, said Pearson, although Heaphy did receive some information about state plans that she suggested wasn’t accurate.

“I don’t know what harm comes from not releasing the report,” said Pearson. “It would be our position the entire report is exempt. You can’t put the genie back in the bottle once it’s out.”

Moore said the crux of the case was to balance public safety—and public access. He agreed to lift the stay and ordered the release of redacted reports.

Then he brought up an issue of how the plan would be redacted, either by blacking out the material the state police consider exempt, or by deleting the information and providing Jacobsen only what was not redacted.

Typically when reporters receive material that’s been partially redacted, information is blacked out. That was the case when Attorney General William Barr released the Mueller report.

Moore said he agreed Jacobsen should have a redacted copy, but asked that she not release it.

“I strongly object.” said her attorney, Caitlin Vogus.

“Okay then, I won’t give it to her,” said Moore. “I don’t want it released prematurely. I don’t want her saying they blacked out 20 pages.”

“Ms. Jacobsen is not interested in anything she cannot release publicly,” replied Vogus.

Moore ordered the plans released—without restriction—within 30 days.

Jacobsen said she wants to see a document with blacked-out information so she can tell how much has been removed.

“It’s a right for the public to see this information, because this was a public event,” she said after the hearing. “The Unite the Right rally actually resulted in the death of a civilian and two officers and that is pertinent and the public has a right to view it.“

She called it a “dangerous precedent” for police to think they don’t have to release information because it’s already been released by a leak or another firm, especially when the state says there may be discrepancies in the Heaphy report.

“We need to see what those discrepancies are,” said Jacobsen.

The decision, she said, “is a big win for freedom of information. It’s a right for the public to see it and I hope they will comply with the 30-day ruling and that we see it.”

 

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In brief: FA5 tightens up, free the nipple, another renaming and more

Fridays new format

Treasured Charlottesville tradition Fridays After Five kicks off April 13, with a not-so-special nod to the realities of crowds gathering in the 21st century. After-Fivers will find enhanced security at the Sprint Pavilion with bag checks and fewer entrances to the area.

“Anyone in the event industry holding mass gatherings understands the shift,” says general manager Kirby Hutto. “We want to provide a safe environment.”

That means professional security will be examining bags and entrance will be limited to the Downtown Mall, Seventh Street at Market and the Belmont Bridge ramp.

And for ticketed events, attendees will walk through metal detectors.

The season will kick off with more rather than less security, says Hutto. “We don’t want to create long lines. We know people come from work with their laptop bags or with strollers.”

Says Hutto, “It’s just a recognition of the changing world we live in.”


In brief

Mayor’s speeding ticket

Staff photo

Nikuyah Walker was in Charlottesville Circuit Court April 9 to appeal a November 14 conviction for driving 43mph in a 25mph zone, but her attorney, Jeff Fogel, didn’t show. The case was continued to June 1.

 

 

More Soering defenders

Another cop has cast doubt on the 1990 conviction of Jens Soering for the double slaying of then-girlfriend Elizabeth Haysom’s parents. Former FBI special agent Stan Lapekas says he’s found documents proving the FBI did a profile in 1985 that said the killer was likely a female with close ties to the Haysoms. Bedford investigator Ricky Gardner has steadfastly denied such a profile existed.

Slowpoke schadenfreude

Thousands of the annoying drivers who hog the left lane while going below the normal speed of traffic have been fined $100 since Virginia enacted fines July 1, 2017, WTOP reports.

Topless buskers

Morgan Hopkins. Staff photo

Jeff Fogel filed a lawsuit against Charlottesville police for the August 12 arrest of Morgan Hopkins, who, amid the violence and mayhem of that day, took off her shirt. Fogel, who represented activist Veronica Fitzhugh when she disrobed at Occupy in 2011, says under state law, “the mere fact of nudity does not constitute indecent exposure,” and that shirtless men with Hopkins were not arrested.

 

 

 


“During Aug 12 Nazi rally in #Charlottesville, police ignored assaults by Nazis, didn’t arrest them. Instead, they arrested harmless hippies on the downtown mall. Thanks, CPD, for protecting the public from women’s exposed nipples! Smh”@Jalane_Schmidt in an April 6 tweet


Hand ‘em over

Judge Rick Moore has ruled that Virginia State Police must turn over a redacted copy of its August 12 operational plan to local freelance journalists Natalie Jacobsen and Jackson Landers, who were represented by the Reporters Committee for Freedom of the Press. They’ve also obtained Charlottesville police plans as a result of the same Freedom of Information Act lawsuit.

Unsuccessful lobby

The city hired Troutman Sanders Strategies to lobby the General Assembly against Delegate Steve Landers’ revenue-sharing bill, which requires Charlottesville to account for the millions Albemarle pays it each year and for the two localities to meet annually to discuss economic development. The bill passed unanimously in both houses and Governor Ralph Northam signed it into law.

Teen runaway

Margie Araceli Garcia Urbina, 17, was reported missing March 3. Albemarle police say her cellphone is off,  she has not responded to attempts to contact her on social media, and she appears to have used an ATM March 3 in Opelika, Alabama.

 

 

 

 

Elder embezzlement

Renee Magruder Madel was convicted of felony embezzlement for using a power of attorney to bilk an elderly victim of thousands. She was sentenced April 3 to 10 years suspended, 30 days in jail and restitution of over $50,000.

Closure wanted

Robert Hourihan. Submitted photo

Robert Hourihan disappeared seven years ago on April 8. Last seen in Palmyra, his car was later found in a parking lot in Maryland. Police suspect foul play and are still seeking information to provide closure to his family.

 

 

 

 

 

 

 


Popular parks monikers

The city conducted a survey March 6-28 to rename the parks formerly known as Lee and Jackson and currently dubbed Emancipation and Justice. Led by longtime resident Mary Carey’s dislike of the name Emancipation, the survey received 7,535 submissions. Lee and Jackson were disqualified, but that did not keep Lee from receiving the most write-in votes, according to “The Schilling Show.”

Most votes

For Emancipation Park: Market Street Park

For Justice Park: Court Square Park

Weighted votes

Emancipation Park

  • Vinegar Hill Park
  • Market Street Park
  • Central Park

Justice Park

  • Court Square Park
  • Justice Park
  • Courthouse Park

Top write-in (aside from Lee and Jackson)

Swanson Legacy Park, in honor of Gregory Swanson, the first African American to attend UVA law school—after he sued the university, a case that was heard in federal court, which was located in what is now the Central Library bordering Emancipation Park.

 

Updated April 12 with the Swanson Legacy Park write-ins.

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In brief: A city of lawyers, the point of no return and a quote that still stings

Case study

Cities are always involved in one sort of minor litigation or another, typically for unpaid taxes, but over the past two years, Charlottesville has been embroiled in a lot of high-profile cases, mostly as a defendant. Having a hard time keeping up? We are, too. Let’s review.

Militias

  • The city, downtown businesses and neighborhood associations sue armed militias and Unite the Right participants for militaristic violence August 12.

Charlottesville Parking Center

  • Mark Brown’s suit over Water Street Parking Garage rates filed in 2016.
  • Charlottesville filed a counterclaim.
  • Current status: In mediation

Fred Payne, Monument Fund et. al.

  • Suit to prevent removal of Confederate statues, motion to remove tarps.
  • Current status: Next hearing is December 6

Albemarle County

  • Objects to city overriding county law at Ragged Mountain Natural Area to allow biking.
  • Charlottesville has filed a counterclaim.
  • Current status: Motions hearing is December 6

Joy Johnson et. al. [filed by Jeff Fogel]

  • Demands that the city fire Hunton & Williams, claims City Manager Maurice Jones had no authority to hire Tim Heaphy’s law firm to do a review of city actions August 12.

Natalie Jacobsen and Jackson Landers

  • FOIA suit to force city to produce August 12 safety plans.
  • Current status: The reporter plaintiffs had to amend the complaint naming the city rather than the police department, and no new hearing date has been set.

Granted bond

Chris Cantwell. Staff photo

“Crying Nazi” Chris Cantwell—whose name comes from a tearful video he posted to the web before turning himself in to police for allegedly using pepper spray at the August 11 tiki-torch march at UVA—literally cried when he was granted a $25,000 bond December 4. He won’t be released from jail until he can find a place to stay, according to the judge.

More sick animals

On the heels of Peaceable Farm owner Anne Shumate Williams being convicted of 25 counts of animal cruelty in Orange County, the Louisa County Sheriff’s Office is hoping to save about 500 animals in what appears to be a similar case. This time, goats, emus, sheep and a peacock are among the neglected critters. Charges are pending for the 77-year-old and her two adult sons who run the farm.

Quote of the Week

Nikuyah Walker. Photo by Eze Amos

“Systemic racism does not fall on the backs of two black men.” —Councilor-elect Nikuyah Walker at the December 4 City Council meeting

Point of no return

John Casey. Courtesy Cramer Photo

Former University of Virginia professor and award-winning author John Casey will not return to teaching creative writing at the school this spring. UVA is currently investigating at least three Title IX complaints from former students who claim he sexually harassed them.

Better than a 9-5

Airbnb announced last week that homestay hosts in Charlottesville and Blacksburg have earned $2.3 million during the University of Virginia and Virginia Tech football seasons since 2016.

Rights waived

Daniel Borden, charged with malicious wounding for his part in the August 12 Market Street Parking Garage beatdown of Deandre Harris, waived his right to a preliminary hearing in Charlottesville General District Court December 4. He’ll go before the grand jury in December.

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In brief: Emmet Street revival, guerrilla knitters and suing reporters

Emmet Street revival

The vacant lot on the corner of Barracks Road and Emmet Street that once housed an Exxon station is finally seeing signs of life. Coran Capshaw’s Riverbend Development purchased the corner at 1200 Emmet St. for $2.1 million in April, a slightly better price than the $2.25 million Chevy Chase Bank paid for the corner in January 2008, just as the real estate market was beginning to crumble.

The site had a “bunch of challenges,” says Riverbend’s Alan Taylor, including a number of easements and a complicated site plan.

Originally dubbed Barracks Row, a one-story, 11,000-square-foot retail center will go by Emmet Street Station. The owners of Barracks Road Shopping Center, Federal Realty, across the street “were getting all trademarky on me, so we changed the name,” says Taylor.

The under-an-acre lot will house two restaurants and two retail stores, all around 2,500 square feet. One of the restaurants could be announced any day now, says Taylor, but he refuses to give any hints. “Everyone’s really going to like the tenant lineup,” he says.

And with three electric car-charging stations powered by solar panels, the corner could be a magnet for Tesla owners by next summer.

Other drivers should notice better flow through the Barracks-Emmet intersection. The developers gave the city a strip of land that will afford an extra lane, allowing two dedicated left-turn Barracks lanes on each side of intersection, which means left-turners can go at the same time.

Emmet Street Station is part of a redevelopment revival taking place on the entrance corridor. Across the street at the increasingly derelict Meadowbrook Shopping Center, the former Carriage House, Tavern and ALC Copies are slated for demolition to make way for a CVS.

Farther north, at 1248 Emmet St., Zaxby’s restaurant with a drive-through window is going up at the site that was once Lord Hardwicke’s. And a car wash at 1300 Emmet St. on the other side of Cook Out is well underway.

Widow-bilker sentenced

Former Farmington Country Club president Victor Dandridge was sentenced to seven years in prison November 9 for defrauding his best friend’s widow over 10 years—and lying to her about it—as well as his fraternity, Sigma Alpha Epsilon, and Blue Ridge Bank. Dandridge’s lawyer asked that he be allowed to self report, but the federal judge said he didn’t trust Dandridge and immediately remanded him to custody, according to the Richmond Times-Dispatch.

Knitters with a kudzu attitude

The Kudzu Project. Photo by Tom Cogill

As part of what they call the Kudzu Project, anonymous guerrilla knitters covered the lesser-known Confederate soldier statue in front of Albemarle County general district and circuit courts with a knitted swath of kudzu on the morning of “Crying Nazi” Chris Cantwell’s November 9 appearance, noting in a press release that the plant “grows on things that are abandoned and no longer relevant.”

FOIA suit

C-VILLE Weekly contributors Jackson Landers and Natalie Jacobsen, who made the documentary, Charlottesville: Our Streets, sued Charlottesville Police, Virginia State Police and the state Office of Public Safety after those orgs refused to turn over August 12 safety plans. More than a dozen attorneys representing the government showed up in court November 7, and the judge ruled the reporters must refile and sue the city, not the police department.

Requested rename

The General Robert E. Lee monument in Emancipation Park. Staff photo
The General Robert E. Lee monument in Emancipation Park. Staff photo

Activist group the Unity Coalition is circulating a petition to have Emancipation Park renamed—again. “How can we reunite this community when the name of a park is related to slavery,” says petition author Mary Carey. She calls the former Lee Park’s new name “insulting, disrespectful, hurtful, heartless, thoughtless, inhumane” and “mean-spirited,” adding that it “shows a lack of care for the people of color.”

Big spill

The Rivanna Water & Sewer Authority released an extra 109 million gallons from the South Fork Rivanna in August before issuing a drought watch October 3, followed by mandatory water restrictions about a week later, according to Allison Wrabel in the Daily Progress. The reservoir is full but the restrictions are still in place.

Spike Lee. Image: © Buckner/Rex Shutterstock via ZUMA Press

Quote of the Week: The truth is the United States was built upon the genocide of Native Americans and slavery. This university was built upon slavery. —Director Spike Lee at the Virginia Film Festival on how Americans must accept the country’s ugly history to move forward