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In brief: Plastic bag tax, Montpelier questions, and more

Questions linger in Montpelier controversy

With less than a week before the May 16 meeting of the Montpelier Foundation board, initial interviews with 20 candidates put forth by the Montpelier Descendants Committee are underway. But MDC attorney Greg Werkheiser says there are still concerns that the dispute between the two organizations isn’t fully resolved.

“They have refused to answer other questions that would confirm they are done playing games,” Werkheiser says of the foundation.

The controversy over a power-sharing agreement between the foundation and the MDC has raged since late March, when the foundation board reversed a June 2021 decision to rewrite bylaws giving MDC the right to recommend at least half the members of the board as a way to achieve “structural parity” with descendants of enslaved workers. There appeared to be a breakthrough last week when the board announced it would vote on nine new MDC-recommended members at the May 16 meeting, and that all would assume full board membership that day. 

In an email, Werkheiser asked the foundation to confirm several points, including that the status of current foundation board members and MDC Chair James French, would not change on May 16.

Werkheiser says the foundation has not answered that question. 

In an email, foundation spokesperson Joe Slay says the foundation doesn’t plan to make any public statements in response to MDC questions.

Albemarle County approves plastic bag tax

Stock up on your reusable grocery bags, Albemarle County shoppers—last week, the Board of Supervisors unanimously approved a disposable plastic tax. Starting January 1, stores will charge 5 cents per plastic bag. 

The board also approved hikes to the transient occupancy tax for hotel guests, as well as the food and beverage tax. On July 1, the occupancy tax will increase from 5 to 8 percent, while the meals tax will increase from 4 to 6 percent.

The supervisors did, however, vote to decrease the county’s personal property tax rate by 86 cents. The new rate is now $3.42 per $100 of assessed value. And in light of the increase in property values, they opted not to raise the real estate tax rate—it remains 85.4 cents per $100 of assessed value.

These tax hikes come after Charlottesville City Council approved a 1 cent real estate tax and .5 percent meals tax increase last month to help fund the costly renovation of Buford Middle School. City homeowners now pay 96 cents per $100 of the assessed value of their property, while diners pay a 6.5 percent meals tax. 

In brief

Closing the book

Last week, Jane Kulow and Sarah Lawson both resigned from the Virginia Festival of the Book. Lawson had worked as the festival’s associate director for several years, while Kulow had served as its program director since 2014, following the retirement of longtime director Nancy Damon. The pair declined to publicly comment on the reason for their unexpected departures. 

In the running

Albemarle County Board of Supervisors Chair Donna Price and local emergency department nurse Kellen Squire are running for the Democratic nomination for the newly redrawn 55th District in the Virginia House of Delegates, which includes most of Albemarle County, along with parts of Nelson, Louisa, and Fluvanna counties. The majority of the new district—approved by the Virginia Supreme Court in December—is what was once the 58th District, and has been represented by Republican Delegate Rob Bell for two decades. Squire ran unsuccessfully against Bell in 2017 for the 58th District seat. Bell has not announced if he plans to run for the new seat—however, it may not even be up for grabs yet. If a pending federal lawsuit seeking to force the state to hold House elections this fall under the redrawn maps—filed by former state Democratic Party chair Paul Goldman—is dismissed, elections won’t be held until next year.

Will Rob Bell run in the newly redrawn 55th District? Photo: Amy Jackson

Moving forward

The Charlottesville School Board unanimously voted last week to allow Superintendent Royal Gurley Jr. to begin working with the Charlottesville Education Association on a collective bargaining resolution. Board members have expressed support for collective bargaining, but claimed they need more information on how it will work in the school district. Union supporters hope the board will approve a resolution by the end of the school year.

Correction 5/17: Albemarle County’s real estate tax rate remains 85.4 cents—not 78.8 cents—per $100 of assessed value.

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Out of office

Virginia’s General Assembly session ended its regularly scheduled 60-day run on Saturday. The work of the legislature is far from over, however—the divided assembly has not yet agreed on a state budget and has left a number of bills on the table. Once the budget is complete, a special session can be held later in the year to continue ironing out the remaining bills.

For the moment, let’s take a look at some notable bills the six state delegates and senators who represent Charlottesville and Albemarle have been able to pass so far.

Delegate Rob Bell (R) was the chief patron of a bill aimed at limiting the amount of information law enforcement has to turn over under the Freedom of Information Act. The bill passed with broad Republican support and a handful of Democrats, including both Deeds and Hudson, on board as well. The bill means criminal investigative files can’t be disclosed to requesters unless the requesters are family of the victim or an attorney petitioning for the accused party’s innocence. The bill had been opposed by the Virginia Press Association and the Virginia Coalition for Open Government, but supported by the families of Hannah Graham and Morgan Harrington.

Delegate Matt Fariss (R) put forward a bill to increase the penalty for stealing a catalytic converter from a Class 1 misdemeanor to a Class 6 felony, increasing the potential penalty to one to five years in prison. Fariss’ bill was tabled in the House, but the Rustburg delegate was a sponsor on a very similar bill from Bell that did make it through. The bill passed the Senate unanimously but was more controversial in the House, where it advanced 57-38.

Delegate Sally Hudson (D) was the chief patron of more than two dozen bills, but almost all were squashed in the Republican-controlled House, including bills to fund school renovation via local sales taxes and to allow localities to conduct local elections through ranked-choice voting. She was the chief co-patron of two unanimously passed bills that will make hospital pricing more transparent.

Like Hudson, Delegate Chris Runion (R) had some tough sledding in the divided legislature—his bills to tighten ballot access and weaken civilian police oversight bodies passed the Republican House but died in Democrat-controlled Senate committees. Runion was the chief patron of a unanimously approved bill requiring the state’s Department of General Services to prioritize purchasing recycled plastic when it acquires plastic for use by state agencies.

Senator Creigh Deeds (D) was the chief patron of a bill that bans health care providers from collecting debt from patients until after the Criminal Injuries Compensation Fund, a state program to help victims with medical expenses, has had a chance to decide if those patients are eligible for relief. The bill comes the year after UVA hospital received national negative attention for its aggressive bill collection practices. Deeds’ bill passed the Senate 24-15, with much of the Republican caucus opposing, but passed the House 91-7.

Senator Bryce Reeves (R) proposed multiple bills aimed at loosening gun laws. His initiative to allow concealed carry without a permit was killed in a Senate committee, but he did pass a bill declaring that retired law enforcement officers can purchase service weapons without undergoing a criminal background check. The bill passed the Senate unanimously and the House 61-37.

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FOIA showdown

Less than a year after a new Freedom of Information Act law expanded public access to police investigative files in Virginia, Delegate Rob Bell has sponsored a bill that would reverse the reform, citing concern for victims’ privacy.  

“There were immediate efforts to access what I would call very private information,” Bell says. He described a TV producer requesting access to a case file from the parents of murdered UVA student Hannah Graham, soon after the new law went into effect in July 2021. When the Grahams refused, Bell says the producer sought the complete investigative file in Graham’s murder through a FOIA request.

Bell’s bill passed through the House General Laws Committee last week on a party-line vote,  helped by support from the parents of Graham and Morgan Harrington. It has alarmed family members of another woman, Molly Meghan Miller, whose 2017 death was investigated in Charlottesville and ruled a suicide. 

“For over three years, this grim experience, from start to finish, has left our family with countless unanswered questions and unresolved concerns,” write Miller’s aunts, Tina Hicks and Lori Goodbody, in an affidavit attached to a FOIA lawsuit. The pair hopes to use the more expansive FOIA laws to learn more about the investigation into Miller’s death. The suit was sent to the city as formal notification of their intent to take legal action, and was received on February 3.

Miller was reported missing in December 2017. After a three-day search, Charlottesville police located her remains inside her own home. Miller’s death divided her family, with her mother publicly expressing support for police and requesting privacy, while other family members and friends expressed doubts about the investigation and what really happened to Miller.

“We lost our daughter, Molly Meghan Miller, to suicide on January 1, 2018,” reads a statement from Miller’s mother, Marian McConnell. “The case was closed in 2018. Tina Hicks and Lori Goodbody have no right and no need to any of Molly’s police investigative records…For 4 years we have asked them to accept the truth, honor Molly’s memory and respect our loss. We have been forced to disavow them due to their continued reprehensible behavior.  If they file suit, we will respond accordingly.”

Hicks and Goodbody’s suit claims that they filed a FOIA request with Charlottesville police for records in Miller’s case in July, soon after the new law took effect. Police initially provided a time and cost estimate for fulfillment, then, after multiple delays, reversed course. In October, the department denied the request for any records in the case. The suit alleges that complete denial violates the new FOIA law.

The Miller family’s situation offers another case study for Bell’s bill. If it becomes law, the bill would prevent access to closed police case files by anyone other than immediate family, defined as a spouse, parent, child, sibling, grandparent or grandchild. In Miller’s case, that would mean only her mother. 

“This bill [says] that victims should certainly still be allowed to have access to those records,” Bell says. His bill also calls for victims’ family members to be able to file an injunction against anyone seeking information in a case through FOIA.  

Hicks and Goodbody’s attorney, Matthew Hardin, the former Greene County commonwealth’s attorney, spoke against the bill at a subcommittee hearing on February 8.

“The problem is when records can be released on a discretionary basis, which is how it used to be, the police could decide unilaterally when they wanted to give up records and when they wanted to keep them secret,” Hardin tells C-VILLE. “Of course, they release the records that make them look good, and they don’t release the records that make them look bad.” 

Hardin, a Republican, says the current FOIA law already grants an exemption to police allowing them to withhold crime scene photos and other personal information about victims and witnesses. He points out that Bell’s bill’s reference to immediate family doesn’t fit with a lot of Virginia families, which may include same-sex parents or step-parents. 

“It’s not just a problem under FOIA,” Hardin says. “This is actually an attempt to take the definition of family back to the 1950s.”

While Bell claims his bill would protect victims’ and witnesses’ privacy, Hardin believes greater transparency helps build trust between police departments and the communities they serve. 

The Virginia Coalition for Open Government also opposes Bell’s bill, according to Executive Director Megan Rhyne.

“We believe that like any other governmental entity, there needs to be some sort of oversight over how police and prosecutors do their jobs,” Rhyne says. “We don’t want to interfere in the ability to conduct an investigation, but once it’s completed and there’s no harm to come from disclosure, they should be releasing records the way other public bodies do.”

She also points out that not all victims have the same reaction in these situations—victims of the 2019 mass shooting at Virginia Beach supported expanded access to police case files. 

As Bell’s bill wends through the General Assembly, Hardin says he is waiting for a response from the city before filing the FOIA lawsuit in Miller’s case. City Attorney Lisa Robertson did not return a call requesting comment.

Hardin says he’ll continue to speak out against Bell’s bill, and he hopes other victims of crimes who prefer greater police transparency will also speak up.

“I think that all we’re saying is, once [an] investigation’s over, let the public take a look at it and see what went right and what went wrong,” Hardin says.

Updated 2/16 to add a statement from Marian McConnell.

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In brief: Preview local bills, COVID surges

But today I am still just a bill

Virginia’s 2022 legislative session kicks off Wednesday, January 12, in Richmond. Each legislative session, lawmakers are allowed to prefile a number of proposed bills before the session starts. Legislative tracker LegiScan shows that 268 bills had been prefiled as of January 10. Republicans, who control the legislature after November’s elections, have been the more active of the two parties in prefiling thus far. Below, take a look at some of the bills that Charlottesville and Albemarle delegates and senators have submitted.

Delegate Rob Bell (R)
House Resolution 2 honors the service of longtime Republican Delegate and Speaker of the House Kirk Cox.

Delegate Matt Fariss (R)
House Bill 51 would make it a Class 6 felony, punishable by one to five years in prison, to steal a catalytic converter. Currently, it’s just a misdemeanor.

Delegate Sally Hudson (D)
House Bill 71 would prohibit public utilities from contributing to political candidates.

Delegate Chris Runion (R)
House Bill 149 would add a hurdle to absentee voting by requiring witnesses to provide their name, date of birth, residence, and the last four digits of their social security number. Currently, witnesses only need to provide a signature.

Senator Creigh Deeds (D)
Senate Joint Resolution 8 honors the life of former Waynesboro delegate Pete Giesen, who died last year.

Senator Bryce Reeves (R)
Senate Bill 127 would require presenting a photo ID to vote. Currently, voters with a non-photo ID can vote after signing a statement promising that they are who they say they are.

COVID surges

The Blue Ridge Health District has seen a record-breaking coronavirus surge in the last two weeks. On December 30, the district reported 482 new cases, topping the previous record of 453, which was set the day before. Before Christmas of 2022, the most new cases the department had reported in a single day was 245 in February of 2021. Vaccination and booster shot appointments are available all week long—visit vdh.virginia.gov to get started.

Photo: Blue Ridge Health District

In brief

Shine on

This week, the Albemarle Planning Commission considered a special use permit for a new hotel on Pantops. The plan was submitted as The Overlook Hotel—the same name as the haunted hotel in Stephen King’s The Shining. No word yet on whether the new lodge will be possessed by the ghosts of murdered twins.

Oh truck

Just 10 days into 2022, the bridge on the Corner sheared the top off its first truck of the year. The 10-foot-high 14th Street bridge has long menaced unsuspecting trucks, but had a slow 2021: Only one vehicle got lodged under the metal overpass, according to truck-tracking CBS19 weatherman Travis Koshko. The bridge is determined to make up for lost trucks, it seems.

City sued over land use map

Eleven anonymous plaintiffs have filed a lawsuit against the City of Charlottesville, alleging that the recently adopted Future Land Use map—which raises the maximum allowed housing density on certain parcels throughout the city—should be nullified for violating the Virginia code. One couple “purchased their property due to its location in a single-family neighborhood that was suitable for young children,” but the next owners of the property could build up to 12 units on the lot. Oh, the horror!

The Future Land Use Map was approved last year.
Photo: City of Charlottesville

UVA boosts booster mandate

UVA has moved its booster mandate up to January 14. Initially, all students, faculty, and staff were required to get a booster shot by February 1, but the school’s administration cited the dramatic recent surge in cases locally as the reason for the earlier deadline.

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On the agenda

By Kristin O’Donoghue

The Albemarle County Board of Supervisors met Monday morning with area House of Delegates Representatives Rob Bell, Chris Runion, Matt Fariss, and Sally Hudson, and state Senator Bryce Reeves, to discuss legislative priorities for the upcoming year.

The board asked the legislators to pursue legislation that would enable the county to levy civil rather than criminal penalties for violations of local ordinances, expand the county’s authority to use photo speed monitoring devices, and require agricultural buildings used by the public to be subject to minimum safety standards.

By amending Virginia law to institute a schedule of civil penalties, localities would be empowered to decriminalize numerous activities.

“As a former prosecutor, defense counselor, and criminal trial judge during my time in the Navy, I have long been troubled by overcriminalization of minor misconduct,” said Supervisor Donna Price.

Most representatives present expressed a desire to meet with the police department to discuss their perspective on the proposal.

The second proposal calls for an expansion of the use of speed cameras, specifically to target secondary roads with speed limits above 35 mph where speeding has been identified as a problem.

Hudson wanted to ensure that the cameras would be placed equitably, and not target certain neighborhoods. Supervisor Ned Gallaway said the camera locations would be determined by safety concerns and reports from the police. Like the proposal regarding civil penalties, proponents of the measure say it would free up law enforcement officers to do other critical police work.

The third proposal would beef up safety standards for agricultural buildings used by the public, which requires changing the legal definition of “farm building or structure” and adding a new designation for “public use agricultural buildings.”

“This is about people and safety,” said Supervisor Diantha McKeel.

The delegates also shared their priorities for the session.

Reeves wants to focus on combating illegal gambling, which he says is taking place across the commonwealth under the guise of “charitable gaming,” in addition to restoring funding to state police.

Bell hopes to address crowding in state hospitals, and wants to extend a policy instituted during COVID that assists those with special needs by allowing the parent to be the paid provider for the person in need of services.

Runion wants to pass the Virginia Tuition Aid Assistance Grant for private education, work on digitizing historical records, and respond to the over-capacity problem observed in local and regional jails.

With the virus still mutating, Hudson said she believes that the commonwealth should focus on providing support to people who have offered essential services during the pandemic.

She said the rising cost of living in Virginia was a recurring theme on the campaign trail, and that she’ll be working on the consumer protection front to lower the cost of energy and prescription drugs, and to protect patients from medical debt.

“These are things we can do to make it easier to make ends meet,” she said.

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A change is gonna come: New Democratic government has big plans, big challenges ahead

“No pipeline.” “Climate action now.” “That awkward moment when you burn your own planet.” On December 6, a crowd of about 70 sign-carrying protesters gathered at Charlottesville’s Free Speech wall to demand the city and state government take immediate action against climate change. Carrying their handmade posters, musical instruments, and reusable water bottles, the activists took turns delivering passionate calls to action.

Then Sally Hudson stepped on stage. “For the next three months, turn your eyes to Richmond,” said Charlottesville’s newly elected member of the Virginia House of Delegates. “We have such a special opportunity here, in the year 2020, to finally make progress on climate change.”

Hudson is a member of the Democratic Party’s brand-new “trifecta” government. After the November 2019 elections, the Democrats have a 21-19 majority in the State Senate, a 55-45 majority in the House of Delegates, and a blue—if embattled—governor still in place. The election saw record voter turnout across the state, and handed the Democrats their first trifecta in nearly 30 years. 

“All the energy’s on the Democratic side right now,” says David Toscano, the recently-retired House of Delegates minority leader and Hudson’s predecessor as the representative for Virginia’s 57th district. 

The Republicans are “discouraged and despondent,” says Toscano, while the Democrats are “really fired up.”

“They have a chance to do some really good things,” the veteran lawmaker says. “Hopefully they’ll avail themselves of that chance.”

Climate change is only one item on the Democrats’ long to-do list. The new lawmakers campaigned on a host of issues including gun reform, voting rights, and—in Charlottesville especially—Confederate statue removal. But even with total control of the government, Democrats and their supporters can take nothing for granted during this 2020 legislative session, which began on January 8.

In front of the enraptured crowd at the climate rally, Hudson echoed Toscano’s message. 

“The turnover in the majority makes some real progress possible,” Hudson said. “Possible, but by no means guaranteed.” 

Del. Sally Hudson

 

A brave new party

Democrats last held all three branches of Virginia government in 1993—and the party has changed greatly since then. Creigh Deeds, the veteran state senator who represents Charlottesville and a swath of rural area northwest of town, has been a member of the assembly since 1992. This year, he’ll become the only sitting member to have served in a majority and a minority in both the House and Senate. 

“When I first got there…there were a lot of rural Democrats, there were a lot more conservative Democrats,” he says.

Today, the party is more liberal than ever before. That last trifecta was “such a different membership,” says George Gilliam, a UVA history professor and a veteran of Virginia politics. Gilliam served on Charlottesville City Council and ran for Congress in the ’70s. Even up through the ’90s, Gilliam says, the party was organized through “that good ol’ boy network.”

“The progression was, you serve on the PTA or on the school board, then you serve in the local government, then you move up to state government,” Gilliam says. “That was pretty rigorously observed.”

“Most of the members of the General Assembly were elite white males,” Gilliam says. “Overwhelmingly lawyers. That pattern has been pretty well broken. We’re seeing a much larger number of women, much larger number of people who are not lawyers, and a generally more diverse membership.”

The Democrats elected Eileen Filler-Corn as speaker of the House of Delegates. She is the first woman and first Jewish person to hold the office in the history of the assembly. Charniele Herring is the first woman and the first black person to serve as House majority leader. The new legislature includes Virginia’s first two Indian American legislators and first Muslim senator.

Tim Kaine’s 2005 gubernatorial campaign marked a shift for the party, according to Deeds. Kaine focused less on rural areas than northern Virginia and the Richmond suburbs, where he performed well. That success reflected the changing demographics and priorities of the party.

In some cases, the shift is literally generational. Deeds fondly recalls serving with Jerrauld Jones, a Norfolk Democrat, in the 1990s. Jones left the House in 2002, but in 2017, his son Jay Jones won the race for his dad’s old seat.

Charlottesville’s delegation is a proxy for the wide range of voices in the majority. Deeds is a career politician who speaks with a Southern twang, and Hudson is a 31-year-old economist with no previous political experience. 

“Sally Hudson is going to be an articulate spokesperson for the more liberal side of the Democratic party,” says Gilliam. “Creigh Deeds, I think, presents excellent balance.”

“It would be unfair to say the people I served with weren’t progressive, they certainly were,” Deeds says, but times have changed. “We’ve got a new generation of leaders and a different sort of Democratic party.”

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Remapping  Virginia

The above maps show the Virginia Senate makeup in 2020 and in 1993, the last time Democrats had a trifecta. With the exception of a few long-standing rural members, Virginia Democrats won their 2020 majority by dominating in northern Virginia, Richmond, and Hampton Roads. By contrast, the Democratic majority of the ’90s was a much more rural party, with control in southwestern areas that have since become deep red. Dramatic population growth in northern Virginia over the last decade has helped facilitate this change.

The maps also show the shifting sands of redistricting–the borders of these senate districts have moved meaningfully in the last 30 years, and will continue to move as redistricting gets underway following the 2020 census.

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Balancing act

“The first question out of the box will be, ‘How do Democrats want to conduct themselves?’” Toscano says. In his mind, they have two options: pass everything they’ve been denied for the last decade, or focus on a narrower set of more moderate reforms. 

“Some people got elected because of Trump, and no other reason,” Toscano says. “Too far, too fast” remains a concern for the party, even though many Democratic voters are hungry for change. Voters who came to the polls to sound off on Washington might be alienated if the party moves left, says the longtime lawmaker. 

“People don’t always march in lockstep,” Toscano says. “There will be push and pull within the Democratic party.”

In addition to wrangling their own party, Democrats will also have to contend with a savvy group of opponents.

“The Republicans have the advantage at this point, even though they’re in the minority, because they’ve got legislative leadership experience,” Deeds says. “They can set traps, because they’ve been in charge for 20 years.”

That experience gap could prove especially significant in the House, says Deeds. “Mistakes can happen. They’re smart, they’ve got good leadership, it’s just going to take a little while.”

Democrats will have just 60 days to figure all of this out. The session convened on January 8 and ends March 7.

“The process itself is kind of a barrier,” says Deeds, “You have to move the legislation forward, balance the budget, get it all done in the span of eight and a half weeks.” 

Hudson, though she represents the party’s new guard, seems to understand the challenges of the process of lawmaking.

“The number one constraint is time,” she says. “We’re a little bit less empowered than other trifectas might be. The General Assembly is not like Congress, it’s not a slow deliberative body.”

“If the bill of your dreams doesn’t pass by mid-March, it doesn’t mean that we forgot about it,” Hudson says. 

 

Sen. Creigh Deeds, Del. Rob Bell, former Del. David Toscano

In the minority

Rob Bell has represented Fluvanna, Greene, and northern Albemarle as a Republican since 2002. This will be his first session in the minority. 

“You end up with the same tools you always have,” Bell says of his new role. “A surprising amount is: Can you craft policy that everybody agrees is a good idea?”

Often, upwards of 600 bills are passed in a session, and Bell emphasizes that the vast majority of those are bipartisan bills that have been vetted by commissions and panels year-round.

“There’s nothing glamorous about most of the work we do,” Bell says. For example, these days he’s working on a project to bring school bus drivers in his district out of retirement, to make up for some shortages. 

Every now and then, a high-profile bill comes along. But after the discussion, “everyone in the room empties out, except for the committee,” Bell says, “and then the committee goes, ‘Alright, so now we’ve got 15 more bills to look at today.’”

Even so, the new majority means uncertainty for Bell and his Republican colleagues. Bell says his group isn’t despondent so much as unsure what to expect. “I don’t even know what my committees are going to be,” he said before the session. (Bell wound up on Courts of Justice, where he’s served in the past, though he will no longer be the committee’s chair.) 

In the Virginia House of Delegates, committee assignments matter a lot. Bills must pass through a committee before making it to the House or Senate floor, where the whole chamber can then vote. Speaker Filler-Corn will determine the composition of committees and also determine which committees vote on which bills. 

“In many ways, Speaker Filler-Corn has more power than the Governor over what gets out of the next session,” Hudson says.

“Most bills that are supported by a committee then pass the floor,” Bell says. “Where [Filler-Corn] assigns the bills will impact the reception they receive.”

Matt Fariss and Chris Runion, the two other Republican delegates whose districts include pieces of Albemarle County, did not respond to request for comment. 

Toscano knows a thing or two about serving in the minority—he was House minority leader from 2011 to 2018. 

The Republicans “really don’t know what’s going to happen,” Toscano says, which might be a humbling change. “They’re actually going to have to go to Democrats to get anything passed. In the past they didn’t have to do that at all.”

“I can only imagine how frustrating it must have been,” Hudson says of her colleagues who spent so long in the minority. “Imagine you’re a hard-working, talented legislator going back to Richmond every year and seeing good ideas die. That’s gotta be heart wrenching.”

“It’s a little bittersweet not being there,” Toscano says. “At the same time, I’ll be able to watch my colleagues and know that I played a role in helping a lot of these folks get elected, to make the change that I think ought to be made.”

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Taking the lead

Del. Eileen Filler-Corn, Del. Charniele Herring, Del. Todd Gilbert

Eileen Filler-Corn – Speaker of the House of Delegates

Filler-Corn has represented Fairfax in the House since 2010, and now she’ll have a chance to guide the whole caucus. Filler-Corn, a D.C.-insider lobbyist and consultant, won the internal election for speaker against Lashrecse Aird, D-Petersburg, who represented the more progressive wing of the party. 

Charniele Herring – House Majority Leader

In 2009, Herring became the first African American woman from northern Virginia to be elected to the General Assembly, and she’ll now be the first African American and first woman majority leader. Herring has advocated for expanding voting rights and access to abortion while remaining more moderate on economic matters.

Todd Gilbert – House Minority Leader

Gilbert took over as House majority leader in 2018, but now he’ll be in the minority. The experienced Shenandoah Valley delegate has a reputation as a GOP hardliner, and has taken strong stances against reproductive rights and Medicaid expansion.

_______________

On the agenda

Climate

As the scene at the climate rally shows, voters are eager to see environmental reform and legislators are eager to work on it. This new crop of lawmakers campaigned on climate. Cassady Craighill, the communications director at energy nonprofit Clean Virginia, points out that every flipped seat went to a candidate endorsed by her group. 

Hudson identifies joining the Regional Greenhouse Gas Initiative, an interstate coalition to limit CO2 emissions, and preparing infrastructure to meet Northam’s emissions targets as short- and medium-term climate priorities.

In Virginia, making change in the energy sector means doing battle with our powerful energy overlord, Dominion Energy. Craighill says her group is excited about bills like the Fair Energy Act, which would help regulate the amount that Dominion can charge customers, and the Virginia Energy Reform Act, which would seek to regulate the monopoly system on a broader level. 

“Every year we have this major problem, where we have Dominion giving way too much money,” Craighill says. The energy company donated $1.8 million to a variety of candidates during the 2019 state election cycle and has long been among the highest-spending donors in the state, giving large sums to both parties. Hudson was among a spate of candidates who refused to accept contributions from Dominion during her campaign. Deeds has received more than $100,000 from Dominion since 2001, but stopped accepting the corporation’s donations in 2016. 

Governor Northam still has deep ties to the energy giant. He’s accepted more than a quarter million from the energy company over the course of his career, and recently hired a former Dominion public relations director as his communications chief. 

Dominion’s dominance is bad for the planet and for Virginians’ pocketbooks, Craighill says. “Not only is there a climate crisis nationally, but in Virginia there’s also an energy burden crisis,” she says. “Our electricity bills are too high, and we pay the seventh highest in the country…Even large retail customers are really limited, both for cost and for clean energy.”

Legislation like the Virginia Energy Reform Act, which has sponsors from both parties, seeks to curb Dominion’s influence. “The General Assembly has allowed Dominion to write their own regulatory process in the last few years,” Craighill says. “These bills are a response to that.” 

Legislators looking to bolster renewable resources will have limited resources to work with.

“One of the challenges to confronting climate change at a state and local level is the revenue required for serious infrastructure upgrades,” says Hudson. The Virginia General Assembly is constitutionally required to balance the budget each year, which hampers its ability to make moves that environmentalists might hope for, like an overhaul of the public transportation system.

Still, there’s reason for optimism in a state with a poor environmental record. “Among the 50 states, we’re 49th in per capita expenditure on natural resources,” Deeds says. “We have an opportunity to change our whole focus with respect to environmental policy.”

Guns

Since the November election, more than 110 localities across Virginia have declared themselves “Second Amendment sanctuaries.” Hundreds of people have attended town halls to express concern that the new Democratic legislature will mean harsh restrictions on gun ownership in the commonwealth.

Mike Fox is the legislative head for the Crozet chapter of Moms Demand Action, a nationwide organization advocating for common-sense gun reforms. “We certainly expect the reforms that have been stonewalled and blocked and rejected for so long to finally become the law of the land,” Fox says, especially given that many of the incoming legislators campaigned hard on tightening gun laws. 

Moms Demand says its top legislative priorities are bills that expand background checks and enact “red flag laws,” which temporarily disarm those who might pose a threat to themselves or others.

Northam plans to reintroduce a package of gun legislation that failed in the last session. The reforms include limiting the purchase of handguns to one per month and a ban on the sale and possession of assault weapons. The bill does have a grandfather clause for existing firearms, stopping just short of Beto O’Rourke’s famous debate-stage promise that “hell yes, we are going to take your AR-15.” 

“The background check legislation is, based on polling, the most popular legislation that the Democrats have on their agenda,” Fox says. 

The gun debate shows the effect of subcommittee assignments on the legislature. Gun reform has been a central issue in Virginia since the 2007 Virginia Tech shooting. But, for the last decade-plus, many of these popular, common-sense reforms have been nixed by subcommittees full of pro-NRA legislators. That dynamic has shifted, according to Fox.

“We have made it a winning issue,” Fox says. “I’m confident that, in this past session, if some of that legislation had made it to the house floor, it may have even passed. There was such a narrow majority for the Republicans.”

Moms Demand isn’t phased by the outpouring of feeling in the second amendment sanctuaries. “Our organization believes that every community in Virginia should be a sanctuary free from gun violence,” Fox says. “Even the folks who don’t agree with us.”

Elections

“From day one, my top priority has been election reform,” Hudson says. “I think that’s work that is actually destined to move in this session.”

How people vote, who gets to vote, and where people vote could all change in the next two years.

Deeds is the chief patron of three election law bills that were filed before the session even began—same-day voter registration, removal of the photo ID requirement at the polls, and restoring voting rights to felons. These measures were unthinkable under the previous majority. “We just didn’t have the numbers before. Even if we got things passed in the Senate, the House was a dead end,” Deeds says.

Everything is a process, though. Hudson says that Virginia’s election infrastructure isn’t strong enough to support these reforms right away. Allocating funds for things like improved ballot boxes and voting systems will make those reforms more feasible down the road. “Some of the more ambitious projects, like same-day registration, are going to have to wait for that IT upgrade,” Hudson says.

On the other hand, some election projects have a hard deadline. “I know we’re going to do redistricting reform in this session,” Hudson says. “The census is this year and the maps will be drawn in 2021, so that puts a clear clock on it.”

Every 10 years, following each census, Virginia’s voting districts at the state and federal level are redrawn. 

“When redistricting went on in 2011, the Republicans really were in the driver’s seat in the majority of states,” says J. Miles Coleman, who writes about elections at UVA’s Center for Politics. “So on the Democratic side, non-partisan, fair redistricting became one of their biggest issues.”

Last June, the United States Supreme Court supported a lower court’s decision that the 2011 Republican maps included illegal racial gerrymanders in the Richmond suburbs. In the 2016 congressional elections, Republicans won seven of Virginia’s 11 congressional seats, despite losing the total popular vote across the state. 

Now, Virginia Democrats will have a chance to draw their own maps. This leaves the caucus with an important question to answer. Dems could “stick with their principles and still talk about non-partisan redistricting,” Coleman says—but on the other hand, “There are some Democrats also who are like, ‘we have to fight fire with fire.’”

On the federal level, fighting fire with fire could mean a new congressional representative for Charlottesville. Coleman says the Democrats might move Charlottesville into the 7th district, where Abigail Spanberger won a narrow victory over a Republican incumbent in 2018. The switch would turn the 5th and 7th districts, which both historically lean red, into a solidly red and a solidly blue district, respectively. Election adjustments like that—as well as the reforms proposed by Hudson and Deeds—could shape the course of Virginia politics for the next decade.

 

Some Democrats hope to pass legislation allowing Charlottesville to finally remove our Confederate statues.

Statues

“If our General Assembly cannot act now to remove these beacons of hate, I don’t know when we will have the courage to do so,” said former city councilor Wes Bellamy at a December 26 rally for Monumental Justice Virginia, a new campaign advocating for the removal of Confederate monuments across the state.

With a blue General Assembly in place, there’s now a glimmer of hope that Charlottesville’s Robert E. Lee and Stonewall Jackson statues might finally come down. Hudson has promised to introduce a bill to give localities control over their own monuments, which would allow Charlottesville to move the statues, which are currently protected as “war memorials.”

Will the legislation actually pass? “That’s one of the more interesting questions of the whole session,” Toscano says.

“Even though the Democrats are in the majority,” Toscano says, “the polling data around the state indicate that a majority of Virginians don’t want to give the localities authority on statues.” 

That means that Democrats in swing districts might not be able to support the controversial measure. “It’s got to be done in a very sensitive way,” Toscano says. “There’s going to be a lot of behind-the-scenes maneuvering.”

Republicans like Bell plan to stand firm. “I have voted against that,” Bell says of local control of statues. “I don’t support that measure. It’s going to go to a committee with a different makeup, and we’ll just have to see how the new members vote. It did not pass the last couple of years.”

Hudson thinks the success of the bill will depend on elevating the issue beyond its local significance. “My hope is that we see this as a statewide project, and not the hashtag-Charlottesville bill,” Hudson says. “There are patrons from the Hampton Roads area, and the Richmond area, hopefully from NoVa as well.”

“Our community lived through a particularly painful and acute conflict over the statues and everything they symbolize,” Hudson says, “But the public reckoning with our history is a broader Virginia project.”

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Bills to watch

HB1: Absentee Voting

The first bill submitted in each session is understood to represent one of the top priorities for the new leadership. This session, the Democrats kicked things off with a bill that would “Permit any registered voter to vote by absentee ballot in any election in which he is qualified to vote,” with no exceptions. Currently, voting absentee requires submitting an application in advance with a justification of the need to vote absentee. Expanding ballot access has long been a priority of progressive groups around the country, and this bill represents a solid first step.

SJ1/HJ1: Equal Rights Amendment

The passage of this joint resolution would make Virginia the 38th state to ratify the Equal Rights Amendment, an addition to the U.S. Constitution that would formally outlaw discrimination on the basis of sex.  Thirty-eight states makes an amendment official, but the legal history of this particular amendment is complicated, and the ERA will face a long legal battle even after Virginia’s ratification. The bill was passed through the Privileges and Elections Committee, chaired by Sen. Deeds, on the second day of the session.

SB2: Marijuana Decriminalization

This bill would decriminalize simple possession of marijuana, limit the fines for a civil offense to $50, and increase the amount of marijuana required for an “intent to distribute” arrest. Northam and Attorney General Mark Herring have both spoken in favor of decriminalizing simple possession as well as expunging misdemeanors from existing criminal records. Virginia-based Altria, one of the world’s biggest tobacco companies, has been heavily investing in Canadian marijuana companies in anticipation of loosening rules in Virginia.

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In it for the long haul

The Virginia General Assembly is entering its 401st year. It’s the oldest continuously operating lawmaking body in the Western Hemisphere. Virginia is a historic state with a historic government—and historic problems. Legislators agree that change doesn’t happen overnight. For all the excitement over the blue wave, the greatest challenge now may be tempering liberal voters’ expectations.

“There’s an awful lot of good we can do that will make a real difference in real people’s lives,” Hudson says. “I hope the people will get excited about that work, celebrate it, and come out of the session reinvigorated to invest in that work for the long haul.”

Winning the 2019 election was important. But the real work is just beginning.

Since its creation, Gilliam says, “the story of the Virginia General Assembly has been, not steady, but persistent growth towards a more liberal approach to solving problems. With the election this past November, we’re seeing another stage of that generally more liberal approach.” 

This session will be a short chapter in a long story.

“Instant gratification is not going to cut it,” says Deeds. “You have to be invested in the long game.”

 

Correction: This article was corrected on 1/20 to reflect that Abigail Spanberger represents Virginia’s 7th district, not Elaine Luria.

 

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Pump the brakes: New cameras target motorists illegally passing stopped buses

Approximately 6,000 drivers whiz past stopped school buses in Albemarle County each year, putting students getting on and off the bus in jeopardy. New legislation that allows the installation of stop-arm cameras aims to put an end to this dangerous trend.

County school officials say they’ve been advocating for the technology for at least six years, and dozens of aggravated bus drivers signed a petition calling for cameras in March 2018. In the most recent General Assembly session, Delegate Rob Bell, an Albemarle resident, carried and helped pass a bill to allow the cameras.

The politician says putting kids on the bus under current conditions can be scary.

“It’s a leap of faith,” he says. “You put your little one on the bus and hope that it works.”

Bell’s daughter usually catches a ride to Baker-Butler Elementary with bus driver Chris Conti, whose route goes up U.S. 29 North and through the Briarwood neighborhood.

“On a regular, weekly basis, I have cars that run my lights,” says Conti.

From the time Conti turns on his amber lights—the ones that signal drivers to slow down before he applies the red lights, which mean stop—he adds, “You can almost see people hit the accelerator instead of the brake. They go shooting by me on the left, and the students are getting off on the right. It’s a scary situation.”

Recently, in Earlysville, a motorist plowed right through a bus’ stop arm, which Albemarle County Supervisor Diantha McKeel calls “shocking.”

“We’ve been lucky in this community that we haven’t had a tragedy,” she says.

The Board of Supervisors will need to pass an ordinance that matches the new state code to allow the cameras to be installed, and McKeel says it intends to do it before the next school year begins.

Though Albemarle County Public Schools have about 160 buses, somewhere between 20 and 40 vehicles in the most problematic and high-volume traffic areas will be the first to see the new technology, according to Jim Foley, the division’s director of transportation.

He suspects folks often speed past the buses “out of ignorance of knowing the law,” but a $250 fine will likely help educate them. The motion-sensing cameras will photograph the license plate of the offending driver, and then county police will mail a ticket to the car’s owner.

The cameras are proven to be an effective deterrent: Foley says only about 1 percent of offenders get caught more than once.

Says bus driver Conti, “Word will get out and hopefully behaviors will change.”

The news of stop-arm camera installations also pleases Forest Lakes parent Josh Cason, who has been drawing attention on social media to cars passing stopped buses at a bus stop in the southern part of his neighborhood since last school year.

After calling, emailing, and sending videos to the Albemarle County Police Department for months, he was disappointed when he only noticed cops stationed at the stop a handful of times, though the department assured him on Twitter that officers focus on school zones and bus routes.

Says Cason, “I think it’s about time it’s being taken seriously.”

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Punishing: Repeal of automatic driver’s license suspensions dies in subcommittee

Things were looking good for opponents of Virginia’s automatic suspension of driver’s licenses for nonpayment of court costs. A federal judge had opined the state law is likely unconstitutional, a Republican state senator carried a bill that repealed the law, and it passed the Senate 36-4.

Then it got to a House subcommittee, where four Republicans, including Delegate Rob Bell, torpedoed the measure 4-3.

Senator Bill Stanley, a criminal defense attorney who represents a chunk of Southside, was not pleased, particularly with Bell and House Majority Leader Todd Gilbert and their grip on the Courts of Justice subcommittee.

He told the Roanoke Times February 11, “They just want to continue to punish people, they just want to continue to punish the poor, they just want to continue to put their will forth as the will of the commonwealth, two people determining the fate of 600,000 Virginians. This is rule by fiat.”

Stanley, who carried the same bill last year, figured it had a better chance this year, particularly after Judge Norman Moon issued a preliminary injunction in Stinnie v. DMV ordering the reinstatement of the plaintiffs’ licenses, which had been automatically suspended when they couldn’t afford to pay the fines and court costs, which thrust them into spiraling debt and, in some cases, jail for driving on suspended licenses.

Legislators who didn’t support the measure last year told Stanley they would vote for it this year, he says. “When Judge Moon made his decision, I thought we’re either going to fix this problem of debtors prison or a federal judge will,” says Stanley. “It looks like the judge will.”

He calls the automatic suspensions “punitive,” and the $145 DMV reinstatement fee a tax. “This has nothing to do with bad driving,” he says.

Bell “respectfully disagrees” with Stanley. For serious offenses like passing a school bus or texting while driving, “when someone violates those, I do think it’s appropriate they be punished and they pay some penalty,” he says.

The General Assembly passed a law in 2017 that requires courts to offer payment plans or community service. “As long as you’re on the payment plan, you have your license and you can drive,” says Bell. “We do require you to have some punishment.”

“You miss one payment and your license is suspended,” retorts Stanley. And those plans are used “exclusively for those who are in front of the court. It does nothing for the 600,000 who have already had their licenses suspended.”

Stanley says the automatic license suspensions punish people for being poor, and makes it difficult for them to get to jobs and provide for their families. “It perpetuates poverty,” he says. “I don’t think you can have economic growth without removing the crushing cycle of poverty.”

He adds, “You’d think Republicans would want to get people off dependency.”

Angela Ciolfi, executive director of the Legal Aid Justice Center, represents the plaintiffs in the federal case. She says her team did an analysis of the results of the payment plan legislation and found that the new policy made almost no difference in the number of licenses suspended.

“And the suspension law hasn’t changed, either,” she says. “When someone doesn’t pay or falls off a payment plan, the law says that suspension is automatic, with no notice, no hearing, and no consideration of why the person didn’t pay.”

She’s working on making the case a class action suit, and anticipates the parties will be back in court soon.

Stanley believes that if Judge Moon orders the DMV to reinstate all the licenses suspended for nonpayment of fines, “it will create havoc in the DMV” that could be avoided if legislators fixed the problem.

And he’s still not happy that a subcommittee killed a bill he thought had broad bipartisan support in the General Assembly. “The rule of a few is determining the future of 600,000 people.”

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Raising the vaping age: Will General Assembly deter the latest teen addiction?

By Shrey Dua

Daniel Devlin is a 20-year-old UVA student who’s been vaping since he was 18. If Virginia lawmakers get their way, he could soon face civil penalties for pursuing his habit.

Last week, a bill that would raise the age to buy tobacco and vape products from 18 to 21 was passed by both houses of the General Assembly. It’s the latest attempt to curb the vaping trend that has become a mainstay amongst college, high school, and middle school students.

A number of states and more than 400 localities have already raised the vaping age to 21. Last year, the FDA declared the underage use of e-cigarettes an epidemic, and in November it banned sales from convenience stores, as well as fruity flavors. The administration says from 2017 to 2018, there was a 78 percent increase in e-cigarette use among high school students, and a 48 percent increase among middle school students.

People between the ages of 18 and 20 who are currently able to legally purchase vapor and tobacco products would once again be considered underage, and face a $100 fine or community service for the first offense. UVA students in particular would immediately feel the effects of the new law because college students often make up a large proportion of the vaping population.

Devlin believes the legislation is an impractical method for keeping vapes out of underage hands. “If middle schoolers are vaping and addicted to nicotine when the age is 18, then raising the minimum age would only expand the black market for nicotine products,” he says. “The only thing that would change is that people would stop going to 7-Elevens and go to the black market instead.”

But not all students agree. Karim Alkhoja, who is 20 and a third-year at UVA, says there hasn’t been enough research into the effects of vaping, and “if the argument is that at 21 people are more likely to make more evidence-based and common sense decisions, why would we continue to allow the purchasing age for these products to be 18 and not 21?”

Jim Carlson co-owner of the CVille Smoke Shop, which sells a variety of cigars but no vaping products, says he totally disagrees with the proposed legislation. “I don’t think the government should be a babysitter,” he says. “If you’re old enough to vote or go to war, you should be able to buy a cigar. What’s really the difference between being 18 and being 21?”

Dawn Morris, owner of local smoke shop Higher Education, is more open to the change: “Unfortunately I do understand why it’s necessary to raise the age to 21 with all these vape companies and vape juices that are specifically flavored for children,” she says. “No adult is vaping Fruit Loops. Someone needs to protect that situation, and until we can change that, it’s probably a good idea.”

Delegates Rob Bell and Matt Fariss voted against the measure in the House, where it passed 67-41, with the support of delegates Steve Landes and David Toscano. State Senator Bryce Reeves was a co-sponsor of the bill in the Senate, which passed its own bill 32-89 with the support of Senator Creigh Deeds.

If approved by Governor Ralph Northam, the law could go into effect July 1.

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In brief: Frat reprimand, Northam’s numbers, SNL target and more

Bad choices

  • Photos appeared February 3 of Kappa Sigma fraternity members wearing American Indian headdresses (pictured above), and a since-deleted social media post captured Zeta Tau Alpha sorority sisters in sombreros and carrying maracas. UVA’s Inter-Fraternity Council condemned Kappa Sig’s “cultural appropriation” as being “prejudiced and culturally insensitive.”
  • Governor Ralph Northam, in his first televised interview in over a week, told CBS’s Gayle King that it’s the 400th anniversary of “the first indentured servants from Africa” arriving in Virginia.
  • The Bomb, Virginia Military Institute’s yearbook, included blackface photos while state Senate Majority Leader Tommy Norment was managing editor in the 1960s. Norment says he was one of seven working on the yearbook and “cannot endorse or associate myself with every photo, entry, or word on each page.” He adds that he is not in any of the photos, nor did he take them.
  • The University of Richmond joins in the racist imagery with a photo from its 1980 yearbook of a man with a noose around his neck surrounded by people in KKK garb.
  • And VCU’s yearbook included blackface photos as recently as 1989, WTKR reports.
  • Attorney General Mark Herring admitted February 6 that he applied brown makeup and a wig to go to a party dressed as rapper Kurtis Blow in 1980 while he was a 19-year-old UVA student.

Quote of the week

“What if the blackface was just part of your costume of a black person?”“Saturday Night Live” skewers Virginia and white cluelessness

 


In brief

Drop the cellphone

Both houses of the General Assembly passed bans on the use of handheld communication devices while driving. The measure to thwart distracted driving is expected to be signed into law, and Virginia will join neighboring Maryland and the District of Columbia in prohibiting holding a cellphone while on the road.

License reform killed

A Senate bill to repeal Virginia’s automatic suspension of driver’s licenses for nonpayment of fines, which has been called a “modern-day debtors prison,” died in a House subcommittee February 11, with Delegate Rob Bell one of the 4-3 votes to not let the legislation move forward. A federal judge has said the current law is likely unconstitutional.

Speaking of Bell

Greene County Democrat Elizabeth Alcorn, a retired dentist and former county party chair who resigned after a dispute with Leslie Cockburn’s 5th District campaign last year, says she’ll challenge Bell for this 58th District seat. Bell will seek his 10th term in November.

Northam’s numbers

Virginians are pretty evenly split about whether Governor Ralph Northam should resign after a photo depicting people in blackface and in KKK garb appeared on his 1984 yearbook page, according to a Washington Post/Schar School poll. Overall, 47 percent say he should resign and 47 percent feel he should stay. Among African Americans, 58 percent think Northam should remain in office and 37 percent want him to go.

Blackface numbers

In the same poll, 11 percent of the Virginians surveyed have either worn blackface or know someone who has.

 

Candidate conundrum

Charlottesville police sent an officer to Commonwealth’s Attorney Joe Platania’s office February 7 for a reported disturbance in which City Council candidate John Hall was being “verbally aggressive.” Hall wasn’t there when the cop arrived, and no charges have been filed.

UConn/UVA pipeline

courtesy UVA

Executive VP and Provost Thomas C. Katsouleas has been named the next president of the University of Connecticut. Former UVA prez John Casteen served as UConn president from 1985 to 1990 before taking the top spot here.


School absences surge during flu season

Thirty-three fewer students and staff were present at Venable Elementary School on February 11, and they have the flu to blame.

Charlottesville schools spokesperson Krissy Vick, who’s been “washing her hands like crazy,” says a letter went home to parents to acknowledge the illness, which also kept 14 people home from Greenbrier and 13 from Walker Upper Elementary on February 8. 

It’s no surprise that county schools have been hit, too.

“It’s been a challenging time,” says spokesperson Phil Giaramita. More than half of the 25 schools in Albemarle have had “significantly higher absence rates due to illness,” and though he couldn’t give any specifics because they don’t log every absence, he says, “it’s a reasonable assumption that flu has been a major contributor.”