With so much going on in the executive branch, it's easy to neglect what's happening in the General Assemblyl as the session hits its . midpoint. File photo.
With Richmond in turmoil over Governor Ralph Northam’s blackface past and assault allegations against Lieutenant Governor Justin Fairfax, it’s been hard to focus on the legislature. But the session is halfway through, and February 6 is crossover day, when each house sends the bills it’s passed to the other chamber. Here are some survivors—and some that didn’t fare so well.
Alive
New lines
After years of killing redistricting bills—and a federal court ruling that House of Delegates districts were racially gerrymandered and federal judges must draw new districts for this fall’s election—Republicans, including Speaker Kirk Cox, are suddenly on board with an independent redistricting commission. The Senate passed a constitutional amendment for a bipartisan commission, 40-0. The amendment must pass again in the next session, and will then go before voters.
Mental health in jail
The death of Jamycheal Mitchell, a mentally ill inmate who died of possible heart failure and major weight loss in the Hampton Roads Regional Jail four months after being arrested for shoplifting $5 worth of snacks, prompted Delegate Rob Bell to carry this bill, which sets standards for mental health care in jails. It made it out of one House committee January 29 and now goes to the House Appropriations Committee.
No excuses
A bill that would allow in-person absentee voting a week before an election—without an approved excuse—made it out of the House’s notorious Privileges and Elections Committee, where the Equal Rights Amendment died in subcommittee. Voters would still have to meet state-approved reasons to vote earlier. A more expansive bill, which would allow absentee voting 45 days before the election without an excuse, passed the Senate 40-0.
“Hearing-impaired” axed
After lobbying by advocates who don’t like the term “impaired,” “deaf or hard of hearing” and “hearing loss” could replace “hearing-impaired” in Virginia Code following the House’s unanimous approval of HB2131. The measure now goes to the Senate.
180 days of Airbnb rentals
A Senate bill that would allow Fairfax County homeowners to do short-term rentals for 180 days a year, up from the county’s current 60-day limit, passes the Senate February 4. Albemarle County is currently considering regulations that would limit homestay rentals to 45 days a year—and the owner must remain on the property.
Dead
Tax clarification
Virginians are poised to get hit with higher state taxes because their tax code doesn’t mesh with new federal tax law. If you take the $12,000 personal deduction on fed returns, you can’t itemize on state returns and are faced with Virginia’s much lower $3,000 standard deduction. An emergency bill failed in the House February 4, leaving the state unable to process returns.
Mandatory ultrasounds
Delegate Kathy Tran’s bill that removes some medically unnecessary procedures required for women seeking abortions, including first trimester ultrasounds, doesn’t make it out of a Courts of Justice subcommittee, with Delegate Rob Bell one of the 5-3 votes to table the bill on January 28. The bill’s hearing set off a firestorm that engulfed Tran and Governor Ralph Northam when he described what happens in rare third-trimester cases of serious fetal abnormalities or unviability on WTOP.
Blouse v. shirt
If it’s a man’s shirt, it must be cheaper.
Dry cleaners can continue to charge women more. A bill that would have established gender-parity in dry-cleaning pricing died in an all-male House Courts of Justice subcommittee 6-0, according to VCU’s Capital News Service.
Student reporters
Freedom of the press protections for student journalists didn’t make it out of a House subcommittee. The bill, carried by former WDBJ reporter Delegate Chris Hurst, would have prevented blatant censorship, which typically involves criticism of the school administrations.
Niko has been behind bars for about four years and it doesn’t look good for him to get out.
Courtesy Prayers for Niko
Dead or alive
The General Assembly has been in session two weeks, and it is whittling down the more than 2,000 bills legislators filed. Here are some bills that have survived so far—and others that were DOA.
Alive
An in-state tuition bill for undocumented students made it out of the Senate Education Committee January 8 on an 8-7 vote, with one Republican senator joining the ayes.
The General Assembly doesn’t often consider freedom of the press, and this year it will look at two bills. Delegate Chris Hurst, a former reporter and anchor for WDBJ in Roanoke, carries a bill that protects student journalists from censorship and their faculty advisers from punishment. Former print journalist Delegate Danica Roem’s bill shields reporters from revealing sources in most cases.
A bipartisan group in both houses of the General Assembly want to raise the minimum age to buy cigarettes and vapes from 18 to 21.
Dead
The Save Niko bill, which allows dogs found dangerous to be transferred to another owner or shipped to a state that doesn’t border Virginia, made it out of an agriculture subcommittee last week, only to have members change their minds this week. The bill could have freed cat-killer Niko, who has been on doggie death row at the SPCA for about four years.
The ’70s-era Equal Rights Amendment passed the Senate 26-14 January 15 and headed to the House of Delegates, where it traditionally dies in committee. This year was no exception—the amendment was tabled by a Republican-led Privileges and Elections subcommittee January 22.
More than a dozen gun safety bills, including universal background checks, temporary removal of firearms from the home of someone deemed a risk to himself or others, and Delegate David Toscano’s bill restricting open carry at permitted events like the Unite the Right rally, were swiftly dispatched January 17 in the rural Republican-controlled subcommittee of the House Committee on Militia, Police, and Public Safety, chaired by southern Albemarle’s Delegate Matt Fariss.
Several bills that would decriminalize or even legalize pot died January 16 in a Courts of Justice subcommittee, with Delegate Rob Bell voting to prevent Virginia from going soft on personal marijuana use.
A bill that would raise the state’s minimum wage from $7.25 an hour to $15 made a rare appearance on the Senate floor January 21, where it died on party lines 19 to 21.
Quote of the week
“I believe there are certain people in history we should honor that way in the Senate . . . and I don’t believe that [Robert E. Lee] is one of them.”—Lieutenant Governor Justin Fairfax, a descendant of slaves, tells the Washington Post after ceding the dais and gavel during a tribute to Lee January 18
In brief
Shutdown scams
Attorney General Mark Herring warned about scams that target furloughed employees. Don’t accept an employment offer for a job you didn’t apply for, he says, and be cautious of predatory lending, including payday, auto title, open-end, and online loans. And those seeking to help should be cautious too—Herring says to avoid cash donations and only give if you can confirm the charity or fundraiser is legit.
Sally Hudson announces run. Eze Amos
Biggest donations in local races
Local philanthropist Sonjia Smith wrote a $100,000 check to UVA prof Sally Hudson, who wants the seat now held by Delegate David Toscano, according to the Virginia Public Access Project. Smith also gave $10,000 to Sena Magill for City Council, $5,000 to Albemarle sheriff candidate Chan Bryant, and $20,000 to an Andrew Sneathern for Albemarle commonwealth’s attorney committee, which donated $9,635 to Jim Hingeley, who will announce his run January 23.
Government heavy
The Charlottesville Albemarle Convention & Visitors Bureau came closer to being stacked with elected and government officials when county supes voted 5-1 for a 15-member tourism board in which industry experts would be outnumbered 9 to 6 by government people. City Council had its first reading of the changes January 22.
$2.3 million roof
Carr’s Hill’s $7.9 million renovation went up another couple of mil when workers discovered the 14,000-square-foot manse’s roof needed to be replaced, not repaired. It’s the first major overhaul of the 1909 Stanford White-designed home of UVA presidents, and Jim Ryan is temporarily housed in Pavilion VIII on the Lawn while the work goes on.
On March 14, exactly one month after the mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, thousands of students at area schools walked out of their classrooms to honor the 17 students and faculty who lost their lives on Valentine’s Day in Florida, also demanding stronger gun control across the nation. Photo by Eze Amos
The lights were off and the door was locked in Shreya Mahadevan’s fourth-grade classroom at Johnson Elementary School. Small bodies huddled quietly behind a wall of backpacks—their teacher in tears.
“It was really scary. Petrifying,” says the 9-year-old girl about the lockdown her school was under last October, when a man in nearby Johnson Village was on the run after a reported burglary and sexual assault.
But as she huddled near the backpacks, and then ducked behind a bookshelf for cover, she didn’t know why—she just knew it felt different than the drills she’d been practicing.
“It’s not scary if we’re having a drill,” says Shreya. “It just makes you feel like you know what to do when something happens.”
Pausing for a moment, she corrects herself: “If something happens.”
Shreya Mahadevan says she was “petrified” and her teacher was in tears when Johnson Elementary School went on lockdown last year. Photo by Amy Jackson
Across a small table in a Charlottesville coffee shop sits her sister, 20-year-old Samyuktha, an Albemarle High School graduate, who says young people have come to expect violent activity in schools. And they aren’t shocked anymore when it makes headlines.
She refers to the May 18 shooting at Santa Fe High School in Texas, where a maniac with his father’s pump-action shotgun and .38-caliber revolver murdered eight students and two teachers, where he wounded 13 others, and where surviving students immediately told reporters outside the crime scene that they weren’t surprised it happened.
“I think the expectation of violence has increased,” says Samyuktha, a rising senior studying international relations at the College of William & Mary, who notes increased awareness of violence in schools over the past year. And while that certainly doesn’t only equate to on-campus firearm fatalities, a quick search turns up 34 school shootings during the most recent academic year that resulted in 50 deaths and double the injuries.
School security systems
“Safety is always top-of-mind for school administration,” says Kim Powell, an assistant superintendent for Charlottesville City Schools. “I think what’s changed is the context we have to think about safety in.”
Powell says schools are still one of the safest public places to be, and with mass media attention given to instances of school violence, “I think it changes people’s situational awareness.”
Local schools use a threat assessment approach, where teachers and faculty are trained to attend to students who show higher levels of concern.
“If a student is showing signs of not being comfortable or acting differently, staff are trained to reach out and find out what’s going on,” says Powell.
As the administration is gearing up to go back to school, Powell says the conversations around safety have weighed heavily in three areas: processes, plans, and procedures; climate and culture; and the physical safety of the facilities.
Albemarle County Public Schools spokesperson Phil Giaramita says a new committee of students, senior staff, and community advisers will meet quarterly to evaluate safety practices and advise the county superintendent and school board.
At Woodbrook Elementary School, which is under renovation, there’s an opportunity to test a new electronic entry card system for teachers and administrators. County schools will also spend $160,000 this year to expand mental health services, including a pilot program to staff a Region Ten counselor at the middle school level. That person will work through in-school and at-home issues with students.
Schools can’t disclose their safety plans for obvious reasons, but many other security measures exist in Charlottesville and Albemarle County classrooms, including the following at various schools*:
County schools:
-All classroom doors lock from the inside
-Protective coating on door windows
-Blinds or shades for all windows
-Controlled entrances prevent direct access to hallways and classrooms
-Security screening for visitors
-Security cameras at schools and on buses
-Safety drills
-Armed and unarmed school resource officers
City schools:
-Various schools have buzz-in systems at front doors
-Interior doors route visitors through main offices
-Security screenings for visitors
-Threat assessment teams at all schools
-Surveillance cameras
-Lighting upgrades
-All classroom doors lock from the inside
-Safety drills
-Armed and unarmed school resource officers
*Provided by school spokespersons Phil Giaramita and Krissy Vick
“At this point, it’s not shocking,” says Samyuktha. “It’s more frustrating. I mean, sadness is probably the first emotion that comes out because it’s terrible to know that even more families and individuals have been affected.”
And, says 14-year-old Aidan O’Brien-Olwell, “The real fear behind this is it’s random.”
He was at Buford Middle School during the lockdown that scared Shreya and her schoolmates at Johnson Elementary. The Cherry Avenue schools were the only two that battened down the hatches during that event.
While he says it was “worrying,” he mostly remembers the confusion, and says he was in gym class when teachers instructed students to leave the gymnasium and hide in the locker room.
The then-eighth grader says it seemed like a “weird choice. …Why take us out of the large gym with many different entrances and exits to the cramped, small room with one entrance and one exit?”
Unlike Shreya’s, his teachers shed no tears, but did appear concerned and perplexed. “They were confused, just as much as we were,” he says.
O’Brien-Olwell will enter Charlottesville High School this month, but when he walked the halls of his middle school, he says safety was often on his mind.
“I mean, now, you kind of have to think about it,” he adds. And while he did generally feel safe at Buford, and thinks the lockdown protocols are mostly well-designed, he adds, “There is one area that everyone worries about.”
Translucent glass walls line the school’s science hallway, which O’Brien-Olwell says would make it hard to hide from someone peering in, and would be easy to break into. “You can see everywhere in the room. Students were the first to point it out, and realized this is the worst possible place to be.”
In today’s climate, these are topics of casual conversation for middle schoolers.
“We have had many conversations like that,” O’Brien-Olwell says, adding that the discussions are heightened in the days surrounding lockdowns and major media attention for “stuff like this.”
He goes back to the first word he used to describe that kind of “stuff,” which was “random.”
“I know I can set up a boundary between myself and the other crimes—those crimes aren’t really random,” he says. “Like I know I’m not in a gang, I know I’m not involved with drug violence, so I can kind of set up a mental boundary against the fear of something like that. But this? There’s just no way to exempt yourself from the possibility.”
When he hears about more kids who died at their schools, he feels “very upset that that could have been anyone. I could have just been unlucky in the wrong school that day.”
And while children are aware of the grim possibility, parents are perhaps even more conscious of sending their kids off to places where they know that type of violence can happen. When Priya Mahadevan waves goodbye to her daughter, Shreya, every morning, she no longer tells her to have fun at school. Now, she says she tells her to be safe.
“That’s not the kind of message you want to send,” says Priya. “It was not an issue when my older daughter was going to school. We were never scared that someone was going to walk down the school corridors and shoot people up. That was never on my mind.”
Now? “It has become much more of a reality for us.”
Boots on the ground
Priya leads the local chapter of Moms Demand Action for Gun Sense in America, which started as an intimate group of about 10 parents who were ready to advocate for common sense gun laws last fall, and who “were actually caught literally off guard” in February, when about 150 people showed up to a call for new members.
This was in the wake of the Valentine’s Day massacre at Marjory Stoneman Douglas High School in Parkland, Florida, which left 17 students and faculty dead, and the same amount injured. It was the shooting that changed the conversation.
Priya Mahadevan, who leads the local chapter of Moms Demand Action For Gun Sense in America, says there’s no Band-Aid solution to ending gun violence, and it starts with electing representatives who will work toward it. Photo by Amy Jackson
“It’s a movement,” Priya says, describing an unprecedented reaction of anger and frustration within our community, where people found her group in an effort to advocate for immediate change. “We were not able to give them the Band-Aid solution that they really wanted,” she adds.
And that’s because there isn’t one. Affecting real change takes time, and that’s what Moms Demand Action aims to do—to continue the conversation on common-sense gun laws, to keep weapons out of the hands of known felons, domestic abusers, and people with dangerous mental illnesses, she says.
“We are not partisan, we’re not against the Second Amendment,” says Priya. “We’re just saying we want to keep our communities and children safe, and basic laws need to be in place.”
Several Moms Demand Action members met with Senator Creigh Deeds on August 16.
His platform aligns with the activist group’s in that he is against bump stocks, which make semi-automatic weapons shoot almost as fast as fully automatic machine guns, and he is for universal background checks for potential firearm purchasers.
Deeds, who was stabbed in the face and chest in November 2013 by his mentally ill son, who then shot and killed himself with a shotgun, “is opposed to seeing assault weapons in the hands of people [in which] they do not belong,” says Priya.
“He also said he would be willing to work with us on other legislative proposals for common sense gun laws,” she says.
Photo courtesy David Toscano
On July 10, a delegation of five members of the local activist group, including Priya and her oldest daughter, Samyuktha, met with Democratic Delegate David Toscano to discuss gun control and school safety.
Toscano, along with Republican delegates Rob Bell and Steve Landes, are members of the state’s House Select Committee on School Safety, a 22-person bipartisan group that formed after the Parkland shooting and exists to find ways to make schools safer.
Toscano criticized the committee in a May 10 newsletter, where he said, “The Parkland shootings vividly reignited the gun safety debate all over America, including our Virginia House of Delegates. Republican and Democratic delegates, however, responded quite differently.”
He calls the safety committee’s focus “narrow,” and says the committee has been specifically instructed by House Speaker Kirk Cox, a retired teacher, not to discuss arming teachers, which was advocated by the president, or the broader issue of gun safety.
Rob Bell. By Amy Jackson
Priya mentions that Bell, the committee chairman, has a lifetime ‘A’ rating by the National Rifle Association, “so you see how it plays into such important issues being skirted around,” she says.
The first meeting, Toscano says, suggested that the group’s recommendations will likely focus on physical changes that can be made to schools, such as entrance control, locks in classrooms, and safety glass, and mental health counseling and conflict resolution for students.
Says Priya, “That is like turning a blind eye to the glaring problem at hand, which is guns, especially in the hands of the wrong people.”
Toscano also noted in a July Facebook post that his Subcommittee on Student Behavior and Intervention heard from UVA professor and national expert Dewey Cornell that the threat of deadly violence is much higher in many spaces than schools, such as restaurants and homes, which are 10 and 200 times more dangerous, respectively.
Some prosecutors in other parts of the country are considering charging parents who have unsecured guns that are used in a shooting, as reported by the New York Times in May 2018.
Priya says it should be considered child endangerment.
“They should be held accountable with an indelible felony charge and complete revoking of rights to own guns,” she says. “The Virginia laws are sadly lacking in this regard and they get away with a slap on the wrist and a small fine.”
Survey says
It’s not as bad as it sounds. Researchers with the University of Virginia’s Youth Violence Project, which is directed by Dewey Cornell and exists to prevent violence among young people, surveyed nearly 70,000 students and 15,000 teachers and staff at high schools across the nation in 2016. Here’s what they found:
-82 percent of students felt safe in schools
-92 percent of teachers felt safe
-80 percent of teachers reported adequate safety and security measures
-3 percent of students reported carrying a weapon to school
Democrats are examining the issue through a “broader lens” than the Republican-led committee Toscano says, with their own task force called the Safe Virginia Initiative, which focuses largely on gun safety.
“Virginians realize that thoughts and prayers are no longer enough to address our problems,” he said in his newsletter.
For Priya, one of the largest takeaways from her discussion with Toscano was his making the connection between a school and its community—“If the community has got a lot of issues of violence, then it definitely plays out in schools as well,” she says.
They also discussed framing gun violence as a public health crisis that requires legal attention.
“We’ve managed to get a statewide Medicaid expansion with the support of people who may in the past have opposed gun sense laws,” says Samyuktha. “So if you can frame gun sense as something tied to health, and something that would be contributing to safety and physical wellbeing, then it could be a more effective legislative path.”
Priya also notes that when a child dies because of not wearing a seatbelt, or for not being properly buckled into his car seat, legislators immediately write new laws to prevent such tragedies.
“I think we should have laws in place that make sure children are safe wherever they are, and anything short of that is not acceptable,” she says. The most important step to ensure that is electing people who are willing to hear those concerns and address them, Priya adds, and “I think [voting] is the biggest weapon we have.”
Members of Moms Demand Action gathered at the Northside Library August 13 to write letters to senators and legislators, urging them to stand firmly against their colleagues who are working to legalize the 3-D printing of firearms.
Firearm fatalities
Everytown For Gun Safety Support Fund, a sister organization of Moms Demand Action For Gun Sense in America, reports 96 gun-related deaths in America every day. “If you think of every day as a mass shooting, that kind of shows you what’s going on,” says 20-year-old Samyuktha Mahadevan, an active organizer with Moms Demand Action and Students Demand Action.
Firearms are the second leading cause of death for American children, and the first leading cause for the country’s black children.
Nearly 1,600 minors die by gun homicide every year. (For kids under the age of 13, most of these happen in the home.)
The gun homicide rate in the U.S. is 25 times higher than that of other developed countries.
“The idea of 3-D gun print-outs is preposterous and highly irresponsible and defeats the purpose of any existing gun laws,” says Priya. “We need to fight this foolishness at all costs.”
Adds Samyuktha, “I know in high school we had a 3-D printer and in college we have several. That makes it much more real to know that if someone so chose to, they could download and print something out so easily.”
Another bad idea? Arming teachers, says Priya. Even though Bell’s committee on school safety won’t discuss it, the Mahadevans will.
While Priya simply calls it the “stupidest idea in the world,” her youngest daughter, Shreya, illustrates a grim outcome.
Says the 9-year-old: “Anyone could pick up a gun from a teacher’s desk and start shooting it, or a child could get something from a teacher’s desk and pick it up out of curiosity and start playing with it, and then they might just accidentally pull the trigger on someone.”
Becoming bulletproof
Student activists who survived the bloodbath in Parkland have made it clear that they won’t back down. And local pupils are following their lead.
Wearing an orange T-shirt with the words “Students Demand Action” written in white, Samyuktha sat on a panel at the August 3 March For Our Lives town hall meeting at a local church, with both Charlottesville kids and faces from Parkland, who have been on tour with their message all summer.
The official March For Our Lives drew hundreds of thousands of young people to the nation’s capital on March 24 for a day of protesting lax firearm laws, advocating for gun reform, and remembering those who have lost their lives at the hands of a school shooter.
Samyuktha helped organize a March For Our Lives sister march in Williamsburg, as dozens of Charlottesville students boarded buses and headed to the big event in D.C.
Among them was then-Charlottesville High School senior Fré Halvorson-Taylor, an 18-year-old who will start classes at Columbia University this fall. Like many of her peers, she was and still is frustrated with the persistent violence in schools.
“I was disappointed with the lack of concrete response from our legislators across the country,” she says. “Every instance of gun-related violence inside and outside of schools is preventable. And I’m baffled and hurt as to why nothing is being done about it.”
Fré Halvorson-Taylor, who graduated from Charlottesville High School last spring, has advocated for stricter gun laws by helping organize her school’s participation in the National School Walkout and attending the March for Our Lives in Washington, D.C. Photo by Eze Amos
Halvorson-Taylor says growing up in the “information age,” and with social media sites that allow her generation to voice their views and contribute to community discourse is partly responsible for their boldness.
“I’m not sure we have many more problems than other generations, but we’re certainly reckoning with and facing head-on a lot of issues that have existed in our society for a while,” she says. “Speaking out comes naturally to us.”
She also had a hand in the March 14 National School Walkout, where students in schools across the country walked out of class on the one-month anniversary of the shooting in Parkland. Halvorson-Taylor and Albemarle High School student Camille Pastore wrote a joint statement that was approved by representatives from Monticello and Western Albemarle high schools, and read aloud by students at all four schools during the walkout.
“For too long, we the young people, the future, have waited to speak up,” they shouted into bullhorns. “But more importantly, we’ve waited to be heard. And now our voices have been given platforms. What will we do with them?”
Though hundreds of students had walked out to their respective campuses, silence hung in the air between the young activists’ words: “Our generation reacts differently to tragedy. We went to school after Columbine and dove into textbooks during Sandy Hook. That doesn’t mean we’re not scared—we are. And our teachers are scared. And we have a right to be. We attend these institutions in fear because we are targeted, we are vulnerable, and we could be shot.”
The internal dialogue Halvorson-Taylor has been grappling with, she says, is how to make schools physically and emotionally safe, and where to draw the line between being prepared and making schools feel like prisons.
“We’ve all heard the criticism—adults are surprised to find that the Parkland teenagers are passionate, intelligent, and articulate. But this isn’t news for us. We know how strong we can be, and that’s why we’re here now, urging you all to use your voices.”
Parkland survivor Delaney Tarr has famously said the movement created and led by students is based on emotion, pain, and passion, and that some of teenagers’ biggest flaws—the tendency to lash out or be a bit too aggressive—are their greatest strengths.
“Channel your anger. Make change. For the first time in a long time, the nation is listening to us. What will we tell it?”
John and Sue Graham were in Charlottesville for Governor Ralph Northam’s signing of legislation that could have saved their daughter’s life.
Eze Amos
The parents of two young women who were murdered here were among those in the dignitary-filled room June 21 at Charlottesville’s Central Library, where Governor Ralph Northam signed legislation expanding the collection of DNA for misdemeanor crimes that, had it previously been in effect, could have saved UVA student Hannah Graham and Virginia Tech student Morgan Harrington.
Many there remembered the frantic search for Graham in 2014 as the school year began, and despite hundreds of searchers, it was five weeks before her body was found. Morgan Harrington disappeared in October 2009, while here for a Metallica concert. Her body was found three months later in the same part of Albemarle County as Graham’s, an area known to their killer, Jesse Matthew.
Northam’s daughter was at UVA at the same time as Graham. “These tragedies are very difficult,” he said. “We can only imagine.”
But, said the governor, “We can make changes.”
The legislation was spearheaded by Albemarle Sheriff Chip Harding, who’s long been a proponent of DNA databanks, and who originally prodded the state to fund its database in the ’90s. While everyone convicted of a felony goes into the database, Harding has pushed for collection of DNA for misdemeanor convictions, and says that 70 percent of first-time violent felons had a previous misdemeanor conviction.
“Three years ago, [Morgan’s mother] Gil Harrington worked with me and we got nine misdemeanors added, including exposing yourself, which is what Jesse Matthews Sr. did,” says Harding. Familial DNA would have linked to his son, who was convicted of a brutal 2005 attack in Fairfax, “and Morgan Harrington would never have been killed.”
In 2017, the Grahams joined Harding to urge the Virginia Crime Commission to study misdemeanors linked to violent felonies, and it identified seven more. “Of those, we only got funding for two—trespassing and domestic assault,” says Harding. Jesse Matthew was convicted of trespassing in 2010, and had his DNA been collected, “it would have prevented Hannah Graham’s death,” says the sheriff.
Brian Moran, Virginia secretary of public safety, noted, “DNA can convict the guilty, and maybe even more importantly, it can exonerate the innocent.”
The governor also signed a bill that requires fingerprints for those arrested for trespassing and disorderly conduct.
Delegate David Toscano, Governor Ralph Northam, Secretary of Public Safety Brian Moran and Delegate Rob Bell were here for the signing of legislation to collect DNA for trespassing and assault. Eze Amos
Northam called the bipartisan legislation an example of the Virginia way: “The Virginia way is working together.” House Democratic Leader David Toscano carried the bills, which got support from Republican Delegate Rob Bell, who was present and who chairs the Courts of Justice committee. Republican state Senator Mark Obenshain carried a similar version in the Senate.
John and Sue Graham came to Richmond “again and again,” said Toscano.
After the signing, Sue Graham said, “What happened to Hannah won’t happen to another young woman in the same way.”
“It’s been a long time coming,” said Harrington, who founded Help Save the Next Girl. “So many points along the way, this legislation would have stopped Jesse Matthew. It’s too late for Morgan.”
House Minority Leader David Toscano says not only will 400,000 Virginians get coverage with Medicaid expansion, but teachers will get raises and other budget items will be funded with the influx of federal dollars.
Ellie Williams
Mary Linn Bergstrom was in Boston over Memorial Day when she got a really bad, eyes-swollen-shut case of poison ivy. “I had to wait to go to the doctor until I had enough money in the bank,” says the 38-year-old Nia instructor.
Bergstrom is one of almost 5,000 people in Charlottesville and Albemarle who will qualify for Medicaid under the biennial budget Governor Ralph Northam signed June 7 that expanded health insurance coverage for nearly 400,000 Virginians who make too little to qualify under the Affordable Care Act or too much—or are too healthy—to qualify for Medicaid.
Her doctor’s visit and medication cost almost $400. “I think it’s pretty common to not have that amount of cash on hand,” she says.
And being in Massachusetts, which passed an individual health care mandate in 2006, people found it hard to believe she didn’t have insurance. “Everyone was arguing with me that of course you have health insurance, you must have forgotten your card,” she says.
Bergstrom makes around $7,000 or $8,000 a year, depending on how many classes she teaches. “My last wellness checkup was 11 or 12 years ago,” she says, and the last time she checked, health insurance would cost her around $500 a month. She lives in a household of three working adults who pay all their bills. “Health insurance is the only bill we cannot afford, or even imagine affording,” she says.
To House Minority Leader David Toscano, Medicaid expansion is a “really big deal” and one he’s worked on for the past five years.
Former Governor Terry McAuliffe made it a lynchpin of his administration, but he left office with no success in the face of a recalcitrant Republican-controlled General Assembly.
That all changed with the 2017 elections that swept 15 Democrats into the House of Delegates. “I began to see the possibilities after the election last fall,” says Toscano. Native son Northam won by nine points—“the widest margin of any statewide candidate. There’s always a number of reasons why, but of all of them I think the election was the biggest.”
Toscano represents all of Charlottesville and parts of Albemarle, and 3,400 people in his 57th District could be eligible for coverage, according to the Commonwealth Institute for Fiscal Analysis. And Toscano says as many as 10,000 could be eligible in the region, a “not inconsequential” number.
Virginia’s Medicaid program is one of the most restrictive in the country, with disabled individuals making more than $9,700 a year ineligible, as were poor, able-bodied, childless adults. The expansion allows people making 138 percent of the federal poverty level—$16,643—to be covered, with the federal government picking up 90 percent of the cost.
The expansion has a work requirement, which Tory Brown, spokesperson for Progress Virginia, says will lessen the gains in coverage and require an expensive bureaucracy to manage. “The work requirement was a bit of face saving for Republicans,” she says. “It’s not really that people are too lazy to work.” For people who have to work to get care but need care to be able to work, she calls it a “catch 22.”
Lena Seville, who ran for City Council in 2015 and has no health insurance, is worried that the work requirement could affect her eligibility for Medicaid coverage. “I’m in the middle of starting my own business,” she says, and whether she can get health insurance will depend on how the work requirements are written.
She says she’d hate to have to give up her volunteer work and new business to search for jobs, “which I already do and it’s hard to get a good fit.” Says Seville, “I was excited, but now I’m cautious. I may not have health insurance when it’s done.”
Virginia Organizing board member Emma Hale points out that a lot of people work full-time and don’t have health insurance. “We have a lot of places that don’t pay a living wage—the university is one of the worst offenders.”
People without insurance often delay treatment, she says, and Medicaid expansion could “prevent people from dying.”
Pam Sutton-Wallace, CEO of UVA Medical Center, doesn’t expect “measurably significant” changes from Medicaid expansion because nearly 30 percent of the hospital’s patients already are either on Medicaid, self pay or are indigent. “What we’re likely to see are more self-pay patients using Medicaid,” she says.
Her concern is whether the newly eligible will have access to primary care. “Some doctors aren’t accepting new patients,” she says. That, and whether emergency rooms will see a drop in the number of patients who wait until the last minute to seek care are “areas ripe for study.”
“I want to take preventive action so I don’t run into problems later on,” says Bergstrom. “We would gladly add in the cost of health care for me if it was a number remotely in reach, but we cannot spend nearly 80 percent of my income on one budget line item.”
Who benefits
The Commonwealth Institute for Fiscal Analysis estimated the number of people who would be eligible for health insurance coverage under Medicaid expansion by legislative district and locality. Here are the numbers for the districts of the four delegates who represent Charlottesville and Albemarle, and how they voted.
25th District
2,000 eligible in Western Albemarle, Augusta and Rockingham counties
Delegate Steve Landes voted no on expansion
57th District
3,400 eligible in Charlottesville and parts of Albemarle
Delegate David Toscano voted yes
58th District
3,100 eligible in parts of Albemarle, Fluvanna, Greene and Rockingham counties
Delegate Rob Bell voted no
59th District
3,300 eligible in southern Albemarle, parts of Appomattox, Buckingham, Campbell and Nelson counties
Delegate Matt Fariss voted no
Correction June 14: Emma Hale’s name was misspelled in the original version.
Catherine Keener plays Susette Kelo in Little Pink House, which depicts a real-life eminent domain case and has a screening June 28 in Charlottesville. Tickets are on sale at Tugg.com. Brightlight Pictures
One of the least popular Supreme Court decisions this century would have to be Kelo v. New London, a case that resulted in 45 states, including Virginia, passing laws or, in the Old Dominion’s case, constitutional amendments to prevent the seizing of private property to benefit other private owners under the guise of economic development.
The story of Susette Kelo’s struggle to keep her home in New London, Connecticut, is documented in the film Little Pink House, starring Catherine Keener and Jeanne Tripplehorn.
Doug Hornig. Courtesy subject
Afton writer Doug Hornig sees a parallel with the controversial Atlantic Coast Pipeline and its use of eminent domain to cut a swath through private property.
“I think there’s a lot of interest,” says Hornig, who will screen Little Pink House June 28 at Regal Stonefield and follow the movie with a brief panel discussion.
In Kelo’s case, New London decided to scoop up her modest waterfront home, pitting Kelo and her blue-collar neighbors against Big Pharma. The theory was that if Pfizer redeveloped the seized properties, it would promote economic development and generate increased tax revenues, thus contributing to the public good. The Supreme Court backed that thinking with a 5-4 decision on June 23, 2005.
In actuality, Pfizer merged and moved, closing its New London facility and axing 1,000 jobs. Today the waterfront property is vacant, generating no tax revenue.
In 2012, Virginia passed a constitutional amendment that declared eminent domain for economic development was not a public use, and Delegate Rob Bell led the effort to enshrine property protection into the state constitution.
Courtney Balaker wrote and directed Little Pink House, and she says she and her husband, producer Ted Balaker, are using a hybrid distribution model. The film had a limited release in five cities April 20, and through the website Tugg, people who are interested in screening it can bring it to their local theater.
That’s what Hornig did. He made a request for a screening and Regal okayed it if he sold 90 tickets.
Hornig met that minimum and was upgraded to a larger theater, which he hopes to sell out before the screening. And he’ll have 25 minutes for a panel discussion that includes Jeff Redfern from the Institute for Justice, which represented Kelo; Chuck Lollar, a Virginia Beach attorney representing several of the people fighting the Atlantic Coast Pipeline; Richard Averitt, a Nelson County entrepreneur whose business is threatened by the ACP; and Joyce Burton, a Friends of Nelson board member.
Robert McNamera is an attorney with the Institute for Justice, and he says Kelo and the Atlantic Coast Pipeline are “really different” eminent domain cases, but “there’s always a parallel” when people’s property is being taken away “unlawfully.”
If anything, the pipeline condemnations are “crazier,” says McNamera, because before property owners can adjudicate the condemnations, they must first ask the Federal Energy Regulatory Commission to reconsider its granting of certificates to Dominion Energy.
Virginia State Capitol building. Photo by Skip Plitt/Wikimedia
If you thought 2017 was a year like no other, well, 2018 will likely continue to ride the tide of the unprecedented, at least according to what we’ve seen in the new year’s first week.
The General Assembly begins its session January 10 with a tsunami shift from last year’s seemingly unbreachable 66-34 GOP majority. The makeover from the November 2017 election unseated 15 white male Republicans. Among the 15 Democrats taking office are 11 women, including the state’s first transgender legislator, first openly lesbian delegate, first Asian American and first Latinas.
For a few months, it looked like the legislature would be evenly split 50-50, until a random drawing January 4 kept the balance of power with the Republicans 51-49 when the 94th District’s David Yancey’s name was pulled out of a bowl to break the tie with Dem Shelly Simonds.
Even if Simonds asks for another recount, which means Yancey won’t be seated until the recount is certified, the GOP will hold a 50-49 majority, enough for it to elect Kirk Cox to succeed longtime speaker Bill Howell.
“We’ve never had a tied race for equitable distribution of the House of Delegates,” says State Board of Elections Vice Chair Clara Belle Wheeler. “We’ve never had a 50-50 split. There’s no protocol on how to pick a speaker.”
That crisis was averted, but questions remain about how the shift in power will affect legislation and committee assignments, where previously, Democratic bills went to die in subcommittee.
“The speaker has immense power,” says former Daily Progress political reporter Bob Gibson. “He has the ability to assign all members to all committees—at any time. The speaker assigns all bills to committees. It’s unlike anyone in the Senate.”
House Minority Leader David Toscano is optimistic that Cox won’t stack committees with Republicans because for the past two decades, the House leadership has agreed to proportional representation on committees.
Of course, those proportions look a lot different with a 66-34 majority than a slimmed down 51-49 majority.
“There is no doubt November 7 was an earthquake in Virginia,” says Toscano.
UVA Center for Politics’ Geoffrey Skelley says, “On the face of it, it’s a closer divided chamber. Previously, when Republicans were working with a very large majority, they could ignore anything Democrats had to say.”
Going in to the session even with a slim majority, “the GOP doesn’t have to worry about power sharing,” says Skelley.
The nearly even body has led Toscano to warn his members to not call in sick and not go to the bathroom during the floor session, in case a close vote is called while the member is away, the Washington Post reports.
And it’s not like shenanigans haven’t taken place in both chambers in the past.
The last time the House was this closely split was in 1998, when Dems held 50 seats and the GOP had 49, plus an independent who tended to vote with Republicans. “When the session opened, the Democrats had a slight majority and reelected Thomas Moss as speaker before other Republicans could be seated,” recounts Skelley. “There was a lot of outrage.”
And in 2013, with a 20-20 Senate split, Republicans took advantage of Democratic Senator Henry Marsh’s absence to attend President Barack Obama’s inauguration to vote to redraw the lines and take a chunk out of Marsh’s district.
Skelley doesn’t think the GOP can write off Dem political pressure after the 2017 election, especially with midterm congressional elections looming. “At the same time, in this partisan era, I’m going to vote on them battening down the hatches, especially if they’re stacking committees.”
Skelley points out that the House makeup could still shift if Simonds calls for a recount. And that’s not the only district where election results are being challenged. In the 28th District around Fredericksburg, where Republican Bob Thomas won by 73 votes after a recount, voters have filed suit in federal court asking for a special election because 147 voters were given the wrong ballots for their district. “That’s another potential sleeping dog,” he says.
And while all attention has been focused on the uncertainty in the House of Delegates, Republicans hold a slim 21-19 lead in the Senate, with a Democratic lieutenant governor as tiebreaker, offering an opportunity for bipartisanship in the usually more moderate body.
Albemarle Delegate Rob Bell, a Republican who’s heading to Richmond for his 17th session, is not perturbed by the influx of Dems. He says he’s served in close sessions before, as well as under both Republican and Democratic governors. “For a bill to become law, Governor Northam has to sign it, and we have to work together for that to happen,” he says.
Speaker Cox hasn’t made committee assignments yet, but with Bell the vice chair and senior member of the Courts of Justice committee, it’s possible he could end up chair. [Update January 11: Bell was named chair.]
State Senator Creigh Deeds was in the House of Delegates the last time it was this closely split in 1998, and he says most Republicans there now have no experience not being in the super majority. Photo by Jackson Smith
Twelve-term Republican Delegate Steve Landes, who represents western Albemarle, also has accrued seniority, and last year was chair of the education committee and vice chair of appropriations.
“One of my concerns is from listening to a lot of new members, who seem to be anti-business,” says Landes. “When the governor-elect is trying to improve the economy, saying business is the enemy” is not helpful, he says.
Landes offers a different perspective from pundits on how the House will operate with the influx of Dems. “The majority of what we do is not partisan.”
As for the still possibly up-in-the-air election results, says Landes, “We’ll play the cards we’re dealt.”
The General Assembly is a part-time gig, with the budget session lasting 60 days if all goes well. To Republican Delegate Matt Fariss, who represents southern Albemarle, some of the newly elected delegates seemed unaware that they need to be in Richmond for eight or nine weeks.
“My freshman year there were 13 of us,” he says. Adjusting to the House was like “drinking water from a firehose,” he says. “We knew to be quiet and learn.”
When it comes to his new colleagues, he says, “It’ll be interesting to see what they can get done.”
State Senator Creigh Deeds, who first came to the General Assembly in 1992, says the biggest difference will be “most Republicans in the House of Delegates have never been there when they didn’t have a supermajority.”
Says Deeds, “I think having to work with the other side is not a bad thing in a democracy.”
Big issues
Biennium budget
Every other year, the General Assembly makes a budget, and this is the year.
“The budget will be and always is the biggest issue,” says Landes. “The unknown is whether we’ll have additional dollars. That could help us or hurt us.”
“The hardy perennials are still there—education, Medicaid and Medicaid expansion,” says Bell.
“The good news is our economy is picking up,” says Toscano. The biennium budget outgoing Governor Terry McAuliffe submitted has $500 million earmarked for new Standards of Quality for education, including teacher salaries, he says.
“Teachers and rural sheriffs’ departments need to get paid more,” says Fariss. “They’re having a hard time keeping deputies.” And he wants to avoid the situation of a couple of years ago when state employees were promised 2 percent raises, only to have state revenues fall short.
Medicaid expansion
McAuliffe pressed to expand Medicaid for 400,000 uninsured Virginians and take federal Affordable Care Act dollars every year he was in office—to no avail in the GOP-dominated General Assembly.
Bell, who is not a supporter of expanded Medicaid, refuses to speculate on how it will fare this year. “I always hesitate to predict,” he says.
“We have a real shot at doing that,” offers Toscano.
“I honestly think Medicaid expansion has a real chance this year,” says Deeds, because the need for coverage continues to grow, especially in mental health.
Former reporter Gibson also says Medicaid expansion has a better chance, especially with a couple of moderate Republicans in the Senate open to the idea. And he points out that Democratic Governor-elect Ralph Northam, who campaigned on expanded health care, strikes a “cooperative, bipartisan tenor.”
Northam is also the first governor elected who’s a Sorensen Institute alum, notes Gibson, who used to head the political leadership institute. “He’s a true moderate.”
However, Skelley says the Republicans who lost their seats in the House were the moderates. “If the House is even more conservative, that would auger poorly for Medicaid expansion. That’s such a polarizing issue.”
Nonpartisan redistricting
As more citizens understand the impact of gerrymandering, which gave Republicans their 66-34 House of Delegates majority despite Democrats winning all statewide races since 2012, the call for reform continues.
Previously, “anti-gerrymandering bills, despite Republican support, get killed in subcommittee,” says Gibson, who also co-chairs with former lieutenant governor Bill Bolling, a Republican, an advisory panel with One Virginia 2021, a bipartisan group advocating—and litigating—for compact, contiguous line-drawing when redistricting occurs in 2021 after the 2020 census.
Toscano says redistricting reform “may have a shot and Republicans could say, ‘We’d be better off with nonpartisan redistricting, especially if the Democrats are drawing the lines.’” But such reform requires a constitutional amendment, not an easy process that must go before voters twice before it becomes law.
“I could imagine some consensus on that,” says Skelley. “However, it would have to get out of committee.” The reform requires General Assembly members giving up their right to draw the lines and a constitutional amendment.
“It could be an opportunity for progress,” says Skelley, adding, “I’m skeptical.”
Local legislator bills
Following the summer of hate in Charlottesville, Toscano and Deeds will be carrying bills designed to lessen the area’s attractiveness as a place for violent clashes.
One bill adds Charlottesville and Albemarle to the 10 or so localities in the state that can prohibit people from carrying guns in public places, Toscano says.
Another would allow localities to determine what to do with monuments in public spaces, an issue that’s currently being litigated in Charlottesville after City Council’s vote to remove two Confederate monuments. “Mine would clear that up,” says Toscano.
A third bill was proposed by McAuliffe, who wanted Toscano to carry it, says the delegate. “It gives more flexibility for localities to regulate weapons around demonstrations like August 12.”
Toscano predicts there will be a lot more gun-safety legislation, much of it coming from Northern Virginia delegates who ran on issues such as restricting bump stocks, like those used in the Las Vegas massacre, or reinstating Virginia’s purchasing-one-gun-a-month prohibition.
Going into this legislative session, House Minority Leader David Toscano has warned Democrats not to call in sick or even go to the bathroom during the floor session, in case a close vote is called while the member is away. Photo by Elli Williams
The long-term viability of solar energy depends on the ability to store energy when the sun is not shining, says Toscano, and he’s carrying two bills to encourage increased battery capacity, including tax credits.
And he’s got money in the budget to go to the Daughters of Zion to help figure out who is buried in the downtown cemetery.
Bell is carrying one of his perennials, the Tebow bill, which would allow homeschooled students to participate in public school sports. “McAuliffe vetoed it three times,” he counts.
Bell’s bills typically deal with criminal justice, and this session he’s trying again with restitution reform. Its numbers “shock the conscience,” he says—$230 million overdue to victims.
Service dogs in court became an issue here recently, says Bell, so he wants to define what exactly a service animal is and what sort of notice must be given to have them show up in courtrooms.
He’s also got a bill that re-examines the statute of limitations for animal cruelty.
Landes usually carries legislation dealing with education, and this year he has a bill that establishes academic standards for dual-enrolling high school students who take community college courses. He also wants to make it easier to move from other professions into teaching to alleviate the teacher shortage, and proposes shortening a collegiate teacher-certification program from five to three years.
Last year Landes caused a stir when he tried to modify the ironclad revenue-sharing with Charlottesville that’s widely loathed by Albemarle residents. “I’m looking at that and hoping to reopen talks between the city and county,” he says.
Redistricting reform is not typically an issue for Republicans, but it is for many of Landes’ gerrymandered constituents, so he’s taking another crack at it, this time focusing on the process around line drawing so that localities don’t make precincts that the legislature will split.
Rustburg resident Fariss says his bills are aimed at reducing regulations to make it easier for people to do business. For example, a single proprietor locksmith has to jump through the same hoops as a business with 10 people, he says.
And Fariss has had it with hunters who dump animal remains all over the place. “It makes me so mad when these deer hunters throw deer carcasses out along public roads,” he says. He wants stiffer penalties and to draw attention to the unsightly littering.
The bills
Legislators file thousands of bills—literally—during their 60-day session, most of which die quietly in subcommittee. Because the elected ones have until the morning of January 10 to get those bills filed, we’ve only seen a smattering of legislation.
Here’s some of what the General Assembly will be considering.
• Menstrual supplies exempt from sales tax, aka the Dignity Act. If you’re betting this bill didn’t come from a man, you’d be right. Another bill provides female inmates menstrual supplies at no extra cost.
• Swearing or cursing in public no longer a crime.
• Elimination of the Kings Dominion law. A couple of bills would allow localities to set their own school calendars, rather than have to request permission from the General Assembly to start school before Labor Day.
• Absentee voting for any reason, unlike current law that only allows specific excuses for not showing up at the polls on election day to vote.
• Female genital mutilation would become a Class 6 felony rather than the misdemeanor it currently is.
• Grand larceny threshold. Currently stealing something that costs $200 is a felony. Various bills up that limit to $500, $750, $1,000 and $1,500.
• Fornication between unmarried people would no longer be a crime.
• No talking while driving. Virginia could join the many other states that prohibit use of a handheld cellphone while driving.
Former registrar:Newport News panel botched recount
Former Albemarle County registrar Jim Heilman, who has traveled all over the world monitoring elections in developing democracies, has been through at least eight recounts. “I believe I’m fairly knowledgeable about recounts,” he says.
And that’s why he feels qualified to declare that the three-judge panel handling the recount in the 94th District, upon which control of the House of Delegates hinged, made “two major mistakes.”
Democratic challenger Shelly Simonds trailed Republican incumbent David Yancey by 10 votes in the November 7 election for the 94th District seat representing the Newport News area.
A December 19 recount put Simonds ahead by one vote. The Republican leadership sent its congratulations and the recount results went to a three-judge panel the next day for certification.
That’s where things went screwy, say Heilman, who also is a member of Albemarle’s electoral board, but stresses he’s speaking personally, not as a board member.
Overnight, an unnamed Republican contacted one of the judges and said an invalid ballot should be counted, says Heilman. And the three-judge panel reopened the recount.
“Mistake No. 1,” he says.
Former Albemarle County registrar Jim Heilman says a three-judge panel made two big mistakes in the Newport News district recount. Photo by Eze Amos
He explains that recount officials are appointed by each party, and with Democratic and Republican observers on hand, they feed all of the paper ballots through the optical scanners, which kick out undervotes or overvotes. Those are the ones recount officials scrutinize, he says.
And if there are questions about the ballot’s validity, it goes to the three-judge panel, says Heilman.
The ballot in question, which had bubbles filled out for both Simonds and Yancey and a line through Simonds’ name, was declared invalid by the recount officials, who signed off on the recount, as did the registrar, says Heilman.
“The three-judge panel has no reason to open the recount,” says Heilman. “The election is over. Under the Code of Virginia, they had no legal right to reopen the recount.”
The second mistake, he says, was to count the vote for Yancey.
“The universal principle is that the intent of the voter is clear,” says Heilman. State election guidelines have “pages and pages” on what constitutes clear intent and whether a ballot is valid or invalid, he says.
The judges looked at other races marked on the ballot and reasoned that because the voter went Republican, using an X to indicate Ed Gillespie for governor, the intent was to vote for Yancey.
“No, no, no,” says Heilman.”It could be a split ticket. They shouldn’t be looking at other races.”
State elections guidelines are clear, he says. “Two shaded bubbles is an invalid ballot.”
Albemarle resident and State Board of Elections Vice Chair Clara Belle Wheeler disagrees, and says a 2015 revision in the rules for recounts allows the ballot to be counted if the intention is understandable. “The three-judge panel deliberated for over two hours,” she says, and until the panel certifies the recount, “It’s not a done deal.”
Heilman and Wheeler agree about one thing: If a voter marks the wrong candidate, he should get a new ballot.
Heilman says the optical reader likely would have had a pop-up screen indicating a problem with the ballot when the vote was cast. “I guess the voter didn’t want a new ballot,” he surmises.
The three-judge panel declared the race a tie at 11,608 votes each. The panel refused to reconsider Simonds’ challenge to the recount, and less than a week before the General Assembly was gaveled into session, Yancey won a drawing out of a bowl January 4, giving Republicans a 51-49 majority in the House and the opportunity to elect a GOP speaker.
Independent's day at Jefferson School when victory is called for Nikuyah Walker, center. Photo Eze Amos
Election night 2017 in Charlottesville had quite a different feel from 2016. Democrats swept statewide offices, with Ralph Northam winning the governor’s race by an even wider margin—9 percent—than pundits had predicted. And no one saw it coming that Dems would dislodge the hefty 66-34 Republican majority in the House of Delegates, and, depending on recounts, Charlottesville’s own David Toscano could end up house majority leader.
The unprecedented evening continued in Charlottesville, where Nikuyah Walker bucked the Democratic groundswell and became the first independent to win a seat on City Council since 1948. Also unprecedented: It’s the first time two African Americans will serve on council when she joins Vice-Mayor Wes Bellamy on the dais in January.
Walker’s supporters—a younger, more diverse crowd than the older, whiter Dems awaiting returns at Escafe—gathered at the Jefferson School African American Heritage Center, where she led from the first precinct report.
“She’s the first Charlottesville native in decades to serve on council,” former mayor Dave Norris, a Walker supporter, points out. “She’s someone who’s actually experienced some of the issues facing council. She lived in Garrett Square,” which is now known as Friendship Court.
Former mayor Dave Norris and Vice-Mayor Wes Bellamy were on hand for Nikuyah Walker’s historic win. Photo Eze Amos
Her victory “is a rebuke to the dirty tactics of the anonymous source,” adds Norris, referring to the November 4 Daily Progress story prompted by an unnamed city official who suggested Walker’s “aggressive” communication style would make it difficult for her to work with other councilors and city staff.
Before the election, conventional wisdom predicted Laufer, who’s served on the school board, would get one of the open council seats now held by Bob Fenwick and Kristin Szakos, and the second would be a toss-up between Hill and Walker. Instead, Hill edged Laufer by 55 votes in what were extremely close margins between the three frontrunners.
“Heather worked her tail off,” says Norris. “Whenever someone criticized Heather, she would sit down and talk to them. She personally hit up every street in Charlottesville.”
Democrat Heather Hill had expected to sit on council with Amy Laufer, but the election, with everything else this year, was “unprecedented,” she says. Photo Eze Amos
The election “played out in a different way than I expected,” says Hill. “This year has been unprecedented, and there was no doubt in my mind this election was going to be unprecedented. I’m really excited to be part of this change.”
One big change for Walker: As a city employee with parks and rec, she will be her own boss as a councilor—sort of. State code on conflicts of interest says an elected official may keep her job with a government agency provided employment began before election to the governing body.
Surrounded by her son, two daughters and mother on stage at Jefferson School, Walker admitted, “I drove my family crazy.”
She said, “It’s hard growing up black in Charlottesville. I only ran because of [the late vice-mayor] Holly Edwards. She told me if I️ ran, I’d win.”
Walker said, “People told lies about me. They should have told the truth.”
And she acknowledged the broad grassroots support she had, with contributions ranging from $5 to $10,000. She urged her supporters to hold onto the “we” and stay engaged. “It’s not a temporary thing.”
Walker’s win “breaks up the total Democratic control on council,” says UVA Center for Politics’ Geoffrey Skelley. “It’s meaningful in the aftermath of all the terrible things that happened in Charlottesville” with the monument debate and neo-Nazi invasion, which some put at the feet of City Council.
“Walker was offering something different,” he says. “It’s a reaction locally when Democrats were crushing it everywhere else. It’s a reaction to local issues that have become national issues.”
In Albemarle County, the Samuel Miller District was the only contested Board of Supervisors race, and incumbent Liz Palmer handily beat Republican challenger John Lowry with 68 percent of the vote.
In county school board races, Katrina Callsen, who had opponent Mary McIntyre’s supporters grousing about outside money from a Teach for America affiliate, won 63 percent of the Rio District vote. In the Samuel Miller District, incumbent Graham Paige held on to his seat with 65 percent of the vote, fending off 18-year-old challenger Julian Waters.
Statewide, Skelley had anticipated a narrower race between Northam and Ed Gillespie. Northam’s win was the largest margin for a Democratic candidate since 1985, when Gerald Baliles won, says Skelley.
Voter turnout was up 15 percent over the last governor’s race in 2013, and in some places like Charlottesville, it was up 31 percent. In Fairfax, 23 percent more voters went to the polls than in 2013, and that increase “has got to be looked at as a response to President Trump,” says Skelley.
Democrat Justin Fairfax won the lieutenant governor’s race and became the second African American to hold that position, which Doug Wilder won in 1985. Incumbent Attorney General Mark Herring held on to his seat and gave Democrats a sweep in statewide offices.
Before the election, Skelley predicted Democrats might pick up seats in the high single digits in the House of Delegates. “I was very cautious,” he says. Several close races will face recounts, and if the Dems win, it’s possible they could have their first majority in the house since 2000.
Almost all the Democratic gains came from the 15 districts that Hillary Clinton carried in 2016, says Skelley. “It’s not like they’re winning a bunch of red seats.”
A couple of Latina delegates, an African-American veteran, Dawn Adams, the first openly lesbian delegate, and Danica Roem, the first transgender legislator in the country, will change the makeup of the mostly white male House, says Skelley.
Roem’s win over 13-term social conservative Bob Marshall, who carried the state constitutional amendment to ban gay marriage and who last year carried an unsuccessful bathroom bill, is particularly significant and an outcome Skelley wasn’t willing to bet on. “Prince William County has changed,” he says. “[Marshall] didn’t change with it.”
No one was predicting an unseating of Albemarle’s three GOP incumbents—Steve Landes, Matt Fariss and Rob Bell—who held on to their seats, although Bell and Fariss did face challengers, unlike in 2015 when they were unopposed. While Dem Angela Lynn lost for a second time to Landes, this year she narrowed the margin from 32 points to 16.
For House Minority Leader Toscano, who was unopposed, the evening was particularly enjoyable. “I must admit I never really thought we could do it all this cycle,” he says. “I thought we’d pick up some seats.”
Currently the Dems have 49 seats, he says, and both sides are calling for recounts in a handful of races. He’s not speculating on what will happen if his party takes the majority—and he could potentially be elected speaker. “First we have to count all the votes,” he says.
However, even if the Democrats don’t hold a majority, with a 49-51 split, “immediately we’ll get a lot more representation on committees. Immediately we’ll make strategic alliances with Republicans to pass legislation,” says Toscano.
“The election makes clear Virginia is a bellwether election following Trump,” he says. It shows that voters like candidates engaged with their communities, they like what Democrats like Governor Terry McAuliffe have been doing with economic development, and says Toscano, “They don’t like the divisiveness and hate of Trump.”
Correction 10:22am November 9: The story originally said Walker would have to resign her job as a city employee, but apparently that’s not true if she held the job before being elected.
Beth Collins and her daughter, Jennifer, moved to Colorado to be able to legally obtain the cannabis oil that helped control Jennifer’s seizures.
Contributed photo
Within the next few years, three Charlottesville families will be able to legally obtain the cannabis oil extract that eases the seizures of their children with debilitating intractable epilepsy, thanks to unanimous approval in the General Assembly in February, passing even the usually marijuana-averse House of Delegates 99-0.
Good news, right? Yet none of those families will speak on the record with C-VILLE Weekly. The reason? Marijuana is still illegal, and they fear that could bring repercussions for those who have a federal security clearance or ties to law enforcement or professional licensing, according to one of the parents.
“Nothing we do changes federal law,” says Delegate Rob Bell, who chairs the criminal law subcommittee.
Some, like Fairfax resident Beth Collins, moved to Colorado in 2013 to be able to legally obtain cannabidiol oil, aka CBD, when doctor-prescribed pharmaceuticals couldn’t control the seizures her daughter, Jennifer, was experiencing, and their side effects were making her suicidal, in a rage and violent, says Collins.
THC-A, another non-psychoactive cannabis extract, lessened Jennifer’s seizures and “stopped her grand mal seizures entirely,” says Collins. But they missed the family they left behind, and after a year returned to Virginia.
Jennifer wrote a letter to members of the General Assembly. “Within 10 minutes we heard from Senator [Dave] Marsden,” says Collins. “He said, ‘This is ridiculous.’”
In 2015, the General Assembly passed an affirmative defense law, which offered a small protection for those who had a certificate issued by a practitioner stating that the oil was to treat intractable epilepsy.
So while parents were less likely to be busted by the state, they still had no legal way to obtain the oil. “The parents said that doesn’t help us get it,” says Bell.
The latest bill allows the Board of Pharmacy to issue permits to processors to manufacture and provide the oil in approved facilities, but that doesn’t mean families will be able to get it from their nearest CVS anytime soon.
It’s still illegal for a doctor to write a prescription, and the narrow law only applies to intractable epilepsy, not Crohn’s disease or cancer or any of the other health conditions advocates claim medical marijuana aids.
A bill that included those conditions moved from Bell’s criminal law subcommittee to the Joint Commission on Health Care because members felt it required medical expertise, he says. “We felt this wasn’t our strong point.”
“That’s phenomenal,” says Jes Vegas, chapter leader of Jefferson Area NORML. “I am very overjoyed. It was a watershed this year.”
That the General Assembly made a baby step toward medical marijuana, Collins believes, was the result of parent-led lobbying to educate legislators one at a time. “They were so against it at first,” she says. “The fact we had a unanimous vote speaks to how far we’ve come.”
Bell agrees. “For complicated issues, it helps to have more than 15 minutes before the bill is heard. We wanted medical evidence and stories.”
Legislators like Bell learned how profoundly the kids with intractable epilepsy were affected—and how the cannabis oil helped. Jennifer Collins, now 17, testified before the committee. “She was visibly different,” says Bell. “She testified how debilitating it was when she was 15, 16.”
Some of intractable patients’ parents are also lobbying Congress, and met with Representative Tom Garrett last week. Garrett introduced a bill February 27 to federally decriminalize marijuana and remove it from the list of controlled substances, where it’s been categorized a Schedule I drug along with heroin and LSD—drugs deemed to have no medicinal value.
Nicole Miller says the effect cannabis oil has had on Sophia has been “life changing.” Contributed photo
Richmond resident Nicole Miller’s daughter’s rare epilepsy is called Dravet syndrome. “[Sophia] has been having uncontrollable seizures since she was 8 months old,” says Miller. Despite being on four medications, Sophia had life-threatening seizures every 10 to 14 days, says Miller.
When Sophia, now 6, began taking CBD oil in July 2015, she went three months without a seizure, says her mother. “It was life-changing,” says Miller.
Severe seizures can affect a child’s cognitive abilities. Sophia “can say the alphabet, she can add,” says Miller. “The quality of life she has is phenomenal.”
The parents C-VILLE spoke with were circumspect about how they obtain CBD oil, and are concerned about its quality. And there’s the cost. “It’s just so expensive,” says Miller—$275 a month for that one medication.
One of the Charlottesville parents spoke to C-VILLE only on the condition no identifying information was used. Collins finds that fear of publicity understandable. “I think it’s the fact we’re all committing crimes to give our children medicine,” she says.
Before using cannabidiol oil, the local mother described her child as “doped up on a lot of medications that weren’t controlling the seizures,” and that have side effects.
“It’s definitely been better,” she says. And while her child has not been seizure-free, she has seen a significant improvement in them. “Every seizure has different aspects and carries risk of injury and death,” she says.
Collins hopes she and other parents have educated legislators enough to be open to how marijuana can help other conditions. “This is not a legislative decision,” she says. “It should be one made by doctors.”
Cavaliers Kyle Guy and London Perrantes are Hoos with the 'dos.
Photos Matt Riley
What about London Perrantes?
The New York Post said first-year Hoo Kyle Guy has the best hairdo in college basketball for his man bun/top knot hybrid, but Perrantes’ high-top fade is pretty impressive, too.
ACC bummer
The Cavs exited the tournament in the quarterfinals March 9 after losing 58-71 to Notre Dame. But UVA got a nod and a No. 5 seed from the NCAA, and will play No. 12 seed UNC-Wilmington March 16.
“A five-seed is nothing to scoff at.”
—UVA basketball coach Tony Bennett
Kill bills
The General Assembly laid to rest 1,355 of the 2,335 bills introduced in the 2017 session. Of those killed, more than half—777—died with no recorded votes, according to Virginia Public Access Project. That’s better than last year, when 73 percent disappeared without a trace of how legislators voted.
Bell’s run
Rob Bell. Photo Amy Jackson
Republican Delegate Rob Bell said he’ll seek a ninth term in the General Assembly. First-timer Kellen Squire, an ER nurse who lives in Barboursville, quietly announced a run as a Dem and is the first since 2009 to challenge Bell in the 58th District.
Parking war casualties
Charlottesville Parking Center laid off seven employees following the announcement that Atlanta-based Lanier Parking will manage the Market Street Garage. CPC was disqualified from bidding on the contract, says GM Dave Norris. “The city was playing politics with Mark Brown trying to get one up on him.” The laid-off employees could be hired by Lanier, he adds.
Office space
The Downtown Mall is probably the first place you’d take an out-of-town friend, shop for a quirky gift and snag a bite to eat because it’s a good mix of stores, restaurants and entertainment venues. But, believe it or not, the majority of space on the mall is uncharted territory for the public—offices. C-VILLE’s office is there. Author John Grisham looks out from a second-floor space and, among others, Borrowed & Blue, Silverchair Information Systems, WillowTree and Merkle (formerly RKG) are all on the mall.
Here’s how the business mix breaks down:
31% office
22% retail
18% condo/apartment
7% restaurant
22% other
Happening places
Of the 190 storefronts on the Downtown Mall, only 1.05 percent are vacant, which is lower than the peak vacancy rate of 9 percent in both July 2009 and January 2010 during the recession, and the current national average of 9.6 percent. As you can see from the list on the right, other shopping centers in town are on par.
Preston Plaza: 0% vacant
Seminole Square: 0% vacant
Downtown Mall: 1.05% vacant
The Corner: 1.61% vacant
McIntire Plaza: 2.17% vacant
Barracks Road Shopping Center: 4.71% vacant
All together, Charlottesville’s January vacancy rate was 1.78 percent, the lowest since the city began its biannual vacancy study almost a decade ago.
—All figures provided by the City of Charlottesville’s Office of Economic Development