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Statue of limitations

The statue of Confederate general Robert E. Lee that has roiled Charlottesville since 2016—and led to 2017’s deadly influx of white supremacists—has ceased to exist, at least as a Lost Cause icon. When parts of the bronze monument hit the crucible in a 2,200-degree furnace recently, it was a solemn and emotional experience for the two women who orchestrated the melting.

For Andrea Douglas, executive director of the Jefferson School African American Heritage Center, there was a sense of relief that what she set out to accomplish two years ago was finally happening. And there was a visceral feeling. When the light of the torch hit Lee’s face, “in some ways it was beautiful,” she says. “There was a quality to it that was moving.” 

For Jalane Schmidt, religious studies professor at UVA and director of the Memory Project, there was “satisfaction that we’re finally moving forward.”

Most meaningful for her was when Lee’s sword went into the crucible. “This was a war fought to keep Black people enslaved,” she says. “To see it going down, down, down…”

Douglas and Schmidt are the originators of Swords into Plowshares, a project to melt down the statue of Lee, which stood in what is now Market Street Park for nearly a century, and to create a new work of public art. “After what the city has gone through, what we have gone through,” says Douglas, “some would see it as a finality but it’s just another step toward a better future.”

The idea harkens to the Isaiah verse in the Bible: “They shall beat their swords into plowshares, and their spears into pruning hooks.” 

Schmidt credits two Methodist ministers, Isaac Collins of Wesley Memorial United Methodist Church and Phil Woodson of First United Methodist Church, who held 7am Sunday Bible study classes in 2019 at Confederate monuments. The classes were called “Swords into Plowshares: What the Bible says about Injustice, Idolatry, and Repentance.”

“They talked about white supremacy and the statues being worshiped as golden calves,” says Schmidt. “The theological framing—that resonated with me as a religious studies major and scholar, and also as a Christian.”

Photo by Eze Amos.

Also resonating with Schmidt and Douglas was when the Albemarle Board of Supervisors voted to remove the mass-produced Johnny Reb statue from in front of its circuit court in 2020, and turned it over to the Shenandoah Valley Battlefields Foundation, which works “to preserve the hallowed ground of the Valley’s Civil War battlefields,” according to its website.

“It felt morally wrong,” says Douglas. “New people will have to deal with Charlottesville’s toxic waste in another community. It sort of made us decide on a process we could engage around the Lee statue.” 

That included a conversation about “our contemporary moment and that reflects the consequences of white supremacy. Can we create something that is democratic and hopeful?” 

Since the 2020 murder of George Floyd, the Southern Poverty Law Center estimates that 168 Confederate symbols have been removed or renamed. Many of those Lost Cause statues are sitting in storage.

Schmidt wrote an op-ed in the Richmond Times-Dispatch in October 2020: “Seller beware: The moral risks of hazardous statue disposal.” People suggested the statues go to museums. “They don’t want them,” says Schmidt, who talked to the Smithsonian and Civil War museums. They don’t have the storage, or would have to reinforce floors to support the multi-ton memorials, she adds.

And both scoff at the idea of contextualizing the 21-foot tall statue in then-Lee Park that Paul Goodloe McIntire gave to Charlottesville in 1924, and that was dedicated with the Ku Klux Klan out in force. “Should we be lauding McIntire for creating segregated spaces?” asks Douglas. 

“What, with a mealy-mouthed, caveat-filled plaque with small font that doesn’t really interrupt the visual plane?” asks Schmidt.

“In a multiracial democracy, we should not maintain the artistic equivalent of a ‘whites only’ sign in our public parks in the name of teaching history,” she says.

“We are trying to write an alternative narrative,” says Douglas.

In April 2021, the Supreme Court of Virginia ruled that Charlottesville could remove its Confederate statues, and Swords into Plowshares was ready. The Jefferson School African American Heritage Center proposed melting Lee and creating a new work of public art, and City Council passed a resolution giving the center the statue on December 7, 2021. Another lawsuit followed.

Trevilian Station Battlefield Foundation in Louisa and Tazewell-based Ratcliffe Foundation, which also proposed taking Richmond’s ousted Confederate statues, alleged that the city violated state procurement laws, the Freedom of Information Act, and state laws prohibiting the removal of war memorials.

“This lawsuit was frivolous,” says attorney Christopher Tate, whose firm Flora Pettit represented the Jefferson School pro bono. “It relied on unsupported legal theories and outright fabrications of fact.”

The Ratcliffe Foundation dropped out of the suit when evidence showed it had not been a legal entity since 2015, and the Trevilian Station Foundation voluntarily dismissed it after a judge tossed two of its three complaints. A judge signed Trevilian’s motion on September 26. 

Schmidt contends the plaintiffs had a chance to take part in the city’s open process for bids, and that Trevilian Station never submitted a bid. “If they didn’t like the idea, they should have stepped up,” she says. “There was a time and place for that.”

Photo by Eze Amos.

The case shook Douglas’ belief in the legal system. She’s received personal threats, and the heritage center’s website was attacked twice.

Lee’s path to the furnace has been litigious. The first lawsuit filed against the city in 2017 kept the statues of Lee and Stonewall Jackson in place until 2021, albeit shrouded in black plastic for a few months after a neo-Nazi at the violent Unite the Right rally drove his car into a crowd of counterprotesters, killing Heather Heyer and injuring dozens more. 

Schmidt was sued by one of those plaintiffs for defamation in 2019, as was this reporter. That case was dismissed. But the lawsuits, the hate mail, the racial epithets, the questioning of the UVA professor’s intelligence—“It takes something out of you, and it’s meant to,” she says.

It also strengthened the women’s resolve to see the melting of Lee through—and to create a template for how other communities might deal with their Confederate castoffs.

Gerald Harlow, president of the Trevilian foundation, did not respond to a call from C-VILLE Weekly, nor did Jock Yellott, director of the Monument Fund, a plaintiff in the 2017 suit against the city and a legal adviser in the most recent suit.

The removal of Confederate statues is a controversial business from which many contractors shied away. So too with the melting of monuments. The foundry owner who took the Lee job spoke to C-VILLE only on the condition that his name and location were not reported, and that he was referred to as Charles—not his real name.

His small foundry has never taken a job of this magnitude, melting the 6,000-pound bronze monument down into 24- and 79-pound ingots. He had time to think about it, and knew other foundries had rejected the job. “I knew it was something that needed to be done,” he says. It came down to, “How much do I believe in disassembling hate and symbols of hate?”

He had private conversations with his employees, and they were aware that other companies had been shunned or forced to file bankruptcy. “We agreed this was an important task that needed to be done,” he says.

At an October 26 press conference, Douglas said, “I am proud to announce today that we have fulfilled our promise to the city and to our supporters to melt Charlottesville’s statue of Robert E. Lee—the same statue that was at the center of the deadly Unite the Right rally in 2017.” There were whoops and applause from Swords into Plowshares supporters in front of the Charlottesville Circuit Court.

The next step is to form a jury and solicit artist proposals, with the goal of announcing a finalist in 2024, the 100-year anniversary of the dedication of the statue, says Douglas. And to raise $4 million for the project. She hopes to have the work installed and donated back to the city by 2027, the 10th anniversary of Unite the Right.

“Our efforts have not been to remove history but bear witness to truths about our racist past and our aspirations for a more equitable future,” says Douglas.

Then-city councilor Kristin Szakos was the first to publicly suggest in 2012 the Confederate monuments should be removed, and she was “castigated,” says Schmidt. In 2016, 15-year-old Charlottesville High student Zyahna Bryant collected 700 signatures on a petition to remove the statues, and faced threats, says Schmidt.

She notes the success of “Jim Crow propaganda” artworks that “tricked generations of Americans into adopting a Lost Cause misinterpretation of the Civil War,” and that, like Lee and Jackson, stood in public parks for nearly a century.

“Swords into Plowshares is born of the conviction that we can transform white supremacist trauma into something beautiful,” she says. “Creativity and art can express democratic, inclusive values. We believe that art has the potential to heal.”

A photographer’s history of Lee

Photo by Eze Amos.

Normally reporters don’t want to become part of the story. But photographer Eze Amos has been shooting the statue of Robert E. Lee since 2016, when then-vice-mayor Wes Bellamy announced Zyahna Bryant’s petition to remove the city’s Confederate statues.

“It was the first time C-VILLE ran my photos,” recalls Amos. 

He was there at tumultuous City Council meetings. He was there when the Ku Klux Klan came to town in 2017. He was clocked by a neo-Nazi wearing a Hitler T-shirt at the Unite the Right rally. He photographed Lee and Jackson wrapped in black plastic tarps—and again when they were unwrapped. He traveled to Montgomery, Alabama, when 100 citizens made a civil rights pilgrimage in 2018.

And he was there to photograph Lee one last time, as the dismantled general met a fiery furnace.

“It was a mix of emotions in a lot of ways,” says Amos, “the way a chapter closes is also the beginning of something new.”

He says, “It was an honor and privilege to witness, to be documenting this object of hate and fear, to be able to tell the final story of that statue. Where have you heard of a statue being melted?”

Amos moved here from Nigeria 16 years ago. “I always wanted to play a major role in my community,” he muses. “I had no idea it would be of this magnitude.”

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Meltdown

After years of legal battles, the Swords into Plowshare project has melted down the statue of Robert E. Lee, which once stood in a park near Charlottesville’s Downtown Mall. Opposition to the monument’s initial removal fueled the deadly violence of the 2017 white supremacist Unite the Right rally. Now, the bronze which once formed the likeness of a Confederate general will be used to make a new piece of public art, set to be on display in Charlottesville by 2027.

The Jefferson School African American Heritage Center’s proposal to repurpose the statue’s bronze, under the project name Swords into Plowshares, was selected by City Council in 2021. But the project’s proponents have spent the last two years battling it out in the Charlottesville Circuit Court with two other groups that unsuccessfully bid to acquire the Lee statue. After the last remaining legal challenge to the Swords into Plowshares project was dropped this summer, the Jefferson School was finally able to crank up the heat on Lee on October 21 of this year.

Traveling with the disassembled statue in secret, Swords into Plowshares melted down the Lee Statue at an undisclosed foundry in the South.

The project team purportedly plans to transform what was previously considered by some to be a symbol of hatred into artwork that embodies Charlottesville’s values of “inclusivity and racial justice.”

For more on the melting down of the monument and the Swords into Plowshares project, check out the November 1 edition of C-VILLE Weekly.

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Checking in

It’s been more than a year since statues began coming down in Charlottesville—where are they now?

Johnny Reb

In August 2020, the Albemarle County Board of Supervisors unanimously voted to take down Charlottesville’s first Confederate monument: a bronze statue of a Confederate soldier known as “Johnny Reb,” who stood outside the county courthouse for 111 years. That fall, the board decided to send the mass-produced “At Ready” statue to the Shenandoah Valley Battlefields Foundation, which planned to erect Johnny Reb, along with his two cannons and pile of cannonballs, on the Third Winchester Battlefield. The New Market-based organization has publicly opposed the removal of Civil War monuments, and installed its own new Confederate memorial in 2019.

Nearly two years later, the cannons now mark a battlefield artillery position—but the statue and cannonballs have yet to be put on public display.

“[The statue] will be re-erected in the coming months at its new permanent location,” SVBF CEO Keven Walker told C-VILLE in an email. “The final location for a monument that will utilize the stacked cannonball casting is being considered.”

According to the group’s proposal, the statue—re-dedicated as The Virginia Monument—will “mark the location where Virginia Troops fought and died for Virginia on that particular field,” while the cannonballs will “be used as a bronze element for a new stone monument [marking] the location where artillery played a decisive role in the outcome of the fighting.” A marker will also be installed near the rebel soldier, “relating the history of the monument itself and recognizing its significance and detailing its journey to the battlefield.”

Robert E. Lee

Five months after moving crews hauled off the infamous Robert E. Lee monument to a city storage facility in July, Charlottesville City Council donated the bronze statue to the Jefferson School African American Center, which plans to melt it down and use the bronze to create a new public artwork—but the project, called Swords Into Plowshares, could be brought to a halt. At a hearing in Charlottesville Circuit Court last week, Judge Paul M. Peatross ruled that a lawsuit filed against the City of Charlottesville and the Jefferson School by two organizations that bid on the statue—the Trevilian Station Battlefield Foundation and the Ratcliffe Foundation—could proceed. 

Peatross sustained the plaintiffs’ claim that the city does not have the authority to melt down the Lee statue due to a state code section forbidding localities from destroying war memorials. Last year, the Virginia Supreme Court ruled that the law did not apply to statues erected before 1997, but the code has since been amended to apply to all war memorials—regardless of when they were erected. Peatross also sustained two of the plaintiffs’ other claims: that the city violated the Freedom of Information Act during a December meeting regarding the awarding of the statue, and that the bidding process fell under the Virginia Procurement Act, allowing the plaintiffs to seek legal relief.

If they win the case, the plaintiffs—represented by the same attorneys as the Monument Fund, which sued the city for trying to remove the Lee and Jackson statues in 2017—want the Jefferson School to return the statue to the city, and for the bidding process to be redone, with the school barred from participating. A trial date has yet to be announced.

“We’ll continue the process of community engagement,” said Jefferson School Executive Director Andrea Douglas of Swords Into Plowshares in an email to C-VILLE. “We hope that people will participate in this step as it is as important as the outcome of the case to our goals.”

Stonewall Jackson

Unlike Lee, Charlottesville’s statue of Stonewall Jackson has been kicked out of the city and shipped to the other side of the country. In December, City Council voted to sell the bronze monument to LAXART, a Los Angeles-based nonprofit arts organization that plans to use it for a new exhibit titled MONUMENTS, featuring decommissioned Confederate statues paired with contemporary art pieces inspired by the historic relics.

According to LAXART’s proposal, the Jackson statue will be “the centerpiece” of the innovative exhibit, which is expected to open at the Los Angeles Museum of Contemporary Art next year.

Renowned Black artists including Ja’Tovia Gary, Torkwase Dyson, and Abigail Deville are slated to create contemporary artwork. Additionally, MONUMENTS will include public programming and educational materials, providing broader context.

In December, LAXART director Hamza Walker told the Baltimore Fishbowl that he was currently in discussions with six or seven municipalities, two colleges, a museum, and one family about borrowing Confederate monuments, and that he hoped to obtain around 16 statues in total. However, Walker has since faced some roadblocks—in December, the city of Baltimore declined to lend four monuments to the exhibit, and in January, the City Council of Charleston, South Carolina, held off on voting on Walker’s request due to a lawsuit.

Sacajawea, Lewis, and Clark

After City Council made a last-minute decision to remove the city’s statue of Sacajawea, Meriwether Lewis, and William Clark along with the Lee and Jackson monuments, the statue was immediately sent to the Lewis & Clark Exploratory Center in Darden Towe Park, which committed to working with Indigenous peoples to create a new exhibit properly contextualizing the statue.

Since then, the statue that depicts the Lemhi Shoshone interpreter in what many perceive as an offensive, cowering position has remained in limbo, sitting in storage at the center. In December, council held a meeting to vote on the center’s bid on the statue, but Executive Director Alexandria Searls requested the councilors hold off. Sacajawea’s descendants had made an amendment requesting permanent control over the statue, which Searls was unsure the center could legally grant and needed to be approved by its board of directors. No one had told the descendants they could not make last-minute changes to the legal document, explains Searls.

Later, Searls learned that the process of transferring the statue to the center had been done incorrectly, due to “a complete breakdown in communication.” Searls says she was told last year that the Albemarle County Board of Supervisors had agreed that the center—which is on land owned by the city and county—could take ownership of the statue, but a few weeks after council’s December meeting, the county’s legal counsel told her the board never took a formal vote.

The county now wants the center to set aside money for the potential removal of the statue from the park, in case it shuts down one day. Because she does not feel comfortable raising more money until the exhibit is officially approved—the center already has $70,000 in commitments from donors—Searls is currently looking into bonds and is waiting for the county to tell her its stipulations.

“The situation is now in the Board of Supervisors’ hands,” says Searls. “[It needs] to be solved in 2022 or else the money is not going to be ours.”

“No decisions have been made by, nor any proposals from the Board of Supervisors in relation to the Lewis, Clark, and Sacajawea Statue,” Albemarle Supervisor Donna Price told C-VILLE in an email. “I am also not aware of any particular timeline for this matter.”

The Lewis and Clark and Sacajawea statue was moved to Darden Towe Park’s Lewis and Clark Exploratory Center, where it remains in storage. Photo: Alexandria Searls

George Rogers Clark

Just one day after Charlottesville took down its racist monuments, the University of Virginia removed its George Rogers Clark statue, depicting Clark on horseback attacking unarmed Native Americans, with three white frontiersmen holding guns behind him. Clark, who was born in Albemarle County in 1752, perpetuated genocide against Indigenous peoples and stole their land during and after the Revolutionary War.

Beginning in September, a university committee—co-chaired by a citizen of the Monacan Nation and a UVA faculty member—consulted with representatives from 13 Native American tribes about the future of the statue, which remains in an undisclosed storage facility. 

“The University and the tribes discussed options to remake the park space where it once sat,” UVA spokesman Brian Coy told C-VILLE in an email. “UVA plans to engage a landscape architect with Indigenous landscape expertise for a proposal for the park redesign.”

In a report of recommendations for UVA President Jim Ryan, Virginian tribal leaders also urged the university to establish a formal tribal consultation policy; appoint tribal liaisons; dedicate an admissions office position for Native American recruitment and outreach; increase its Native American student and faculty population; give tuition waivers to citizens of Virginia tribes; develop a Native American law program and legal aid clinic; and offer a class on Virginian tribal history to all students and faculty.

The other monuments

The Confederate monuments in downtown Charlottesville and next to the Albemarle County courthouse have been the subject of controversy, litigation, and, of course, removal. In some neighboring counties, Confederate monuments still stand in front of the courthouses.
Source: The Historical Marker Database and the Southern Poverty Law Center
The Confederate monument at the Orange County courthouse sparked protest in March after a judge called for its removal.
By PlannerGuy/Wikipedia

Orange County 

“They fought for the right. They died for their country. Cherish their memory. Imitate their example,” reads the Confederate monument in front of the Orange County courthouse. Controversy over the monument swelled in late March, according to the Culpeper Star-Exponent, when Orange County Circuit Court Judge David B. Franzén called the statue “an obstruction to the proper administration of justice in Orange County,” in an email to Orange County leaders. That message prompted a fundraising email from Virginia State Senator Bryce Reeves, who joined a protest in support of the monument and called for Franzen to step down.

Nelson County

Erected in 1965 by the United Daughters of the Confederacy, the memorial stands near the courthouse in downtown Lovingston. Its inscription reads “In memory of the heroic Confederate Soldiers of Nelson County who served in the War Between the States, 1861-1865. Love makes memory eternal.”

Fluvanna County

Dedicated in 1901 “To the memory of the Confederate soldiers of Fluvanna County 1861-1865,” the memorial is on courthouse grounds in Palmyra.

Louisa County

Four years after the Confederate monument was dedicated in Palmyra, Louisa County dedicated its own monument “in memory of the courage, patriotism and devotion of the Confederate soldiers of Louisa County, 1861-1865.”

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Square one

Charlottesville’s most famous monument made national headlines last week, when City Council voted to hand the statue of Robert E. Lee over to the Jefferson School African American History Center, which will melt it down and reshape the metal into a new piece of art. Across the street, meanwhile, a less conspicuous but no less important public history project is underway in Court Square.

This spring, Charlottesville’s Historic Resources Committee met virtually with more than a dozen descendants of enslaved laborers, gathering their input on how to properly memorialize the thousands of people who were bought and sold in Court Square. The committee paused the meetings over the summer, however, while it worked to secure funding from the city for the complex memorial project.

During the committee’s December 10 meeting, chair Phil Varner explained that the new Court Square memorial, as well as potential additional historical markers in Charlottesville and Albemarle County, could cost as much as $1 million. He suggested the city allocate funding from its long-term Capital Improvement Plan, and form a partnership with Albemarle County for the costly project. The committee currently has around $35,000 in its budget.

Councilor Heather Hill noted that the city has other costly projects coming up, including a major school reconfiguration. “There’s just a lot of things that we haven’t done that we have been pretty conservative about through the pandemic, so we don’t just have a bunch of money laying around,” she said.

“The only immediate thing that I have in mind is getting something in the CIP to start, so that over a number of years, we will continually put money towards something we will eventually converge on,” Varner said.

Hill—whose term on City Council concludes at the end of the year—encouraged the committee to present a report to council about the status and timeline of the engagement process, as well as a funding request for the entire project, at its January 18 work session.

During public comment, local resident Richard Allan—who stole the original slave auction block marker and threw it into a river last year, frustrated with the city for not erecting a better memorial—asked if the city would consider relocating the two parking spaces in Court Square Plaza that obstruct public view of the auction block site. Allan’s Court Square Slave Block Citizen Advocacy Group had an engineer inspect the area, and learned that the parking spaces could be moved across the street, he explained.

Varner emphasized that the committee has not yet started to design the memorial. “We’re gathering information, we’re building community,” said Varner, “to inform a future process.”

The committee also discussed resuming its community engagement by inviting historian Anne Bailey, an expert on slavery in the United States, to speak about slave auctions in February or March.

“One of the most poignant remarks we heard at some of the engagement meetings…was that descendants came and just didn’t know anything about the site or its history,” said city planner Robert Watkins. “Any educational or informational event is really getting people involved and making sure that they have a say in this project.”

Varner agreed to bring an interim report to council by February.

“For five years basically, we’ve just been fighting and struggling in just lots of different ways,” added member Jalane Schmidt. “It feels like now…we’re kind of in a new space where we feel like we can move forward.”

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In brief: Fate of Lee statue determined

Lee will melt

Charlottesville’s statue of Confederate General Robert E. Lee is about to take even more heat.

At the end of its Monday meeting, City Council unanimously voted to donate the Lee monument to the Jefferson School African American Heritage Center, which plans to melt down the statue and use the bronze to create a new work of public art.

Though council originally wanted to hold off on making its decision due to Vice-Mayor Sena Magill’s absence, the councilors decided to move forward with the vote at the end of the meeting after multiple frustrated community members urged them to do so during public comment.

The project, titled Swords Into Plowshares, will gather extensive input from the descendants of enslaved persons who were disenfranchised by Virginia’s Jim Crow laws. The Jefferson School will then commission an artist of national significance to create a new bronze sculpture in partnership with the community.

Once completed, the artwork will be gifted to the city to be installed on public land by 2026. The project will ultimately transform “what was once toxic in our public space into something beautiful that can be more reflective of our entire community’s social values” and “offer a road map for other communities to do the same,” writes Jefferson School Executive Director Andrea Douglas.

The project has received support from many local and national organizations, and raised nearly $600,000. The Jefferson School has launched an Indiegogo campaign to raise an additional $500,000 for the first phase of the years-long effort.

According to the campaign website, the funding will go toward transporting the statue to a foundry and melting it, conducting a six-month community engagement process, commissioning a nationally recognized artist, and hiring a salaried project manager.

Though the city received four other offers for the Lee statue, the councilors did not discuss them during the meeting. The Jefferson School was the only local entity that made a bid for the monument.

The city also has to decide what to do with the statues of Stonewall Jackson and Lewis, Clark, and Sacagawea. Council will vote on their fates on December 20.

Pipeline permit panned

The Mountain Valley Pipeline, a controversial natural gas pipeline under construction in western Virginia, was dealt a significant setback last week when the Virginia Air Pollution Control Board denied an important construction permit. The company planned to construct a compressor station in a predominantly Black community in Pittsylvania County, which garnered pushback from activists and the Virginia Department of Environmental Quality. The APCB cited the Virginia Environmental Justice Act, a 2020 law that requires state agencies to examine proposed policies “in relation to [their] impact on environmental justice prior to adoption,” in its denial of the permit. The Mountain Valley Pipeline team is now “evaluating its next steps,” says the Virginia Mercury.

In brief

Lee statue pedestal comes down in Richmond

Charlottesville isn’t the only city figuring out what to do with its reclaimed Confederate spaces. On Monday, Richmond’s leaders ordered the removal of the graffiti-covered pedestal that used to hold the statue of Robert E. Lee on Monument Avenue. The pedestal had become a symbol of the protests against police brutality that unfolded across the city and country in 2020, and the area around the dramatic, colorful pedestal had remained an informal gathering place. The land will now be controlled by city of Richmond, and its future remains unknown.

Karen Greenhalgh. Photo: Ballotpedia

It’s really over now

A recount confirmed a narrow Republican victory in House of Delegates District 85, in which Karen Greenhalgh beat one-term incumbent Alex Askew. Greenhalgh’s victory in Virginia Beach confirms that Republicans will hold at least 51 seats in the House for the next two years, though a second narrow Republican victory is pending a recount, too. Greenhalgh beat Askew by 115 votes out of more than 28,000 cast.

They literally stole Christmas

Nine-foot-tall inflatable snowman and Santa Claus decorations were pilfered from a yard in Belvedere this weekend, reports CBS19. The thief arrived at 4 in the morning and threw the decorations in a van, according to the doorbell camera of the affected house. It’s been a season of desperation, it seems—last week, CBS reported that Christmas trees had been stolen from a local farm, too. That’s no way to get in the holiday spirit, people.

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In brief: Statues in Richmond, Spencer in MT

Richmond Lee statue will fall

At press time, the statue of Robert E. Lee in downtown Richmond still stands—but that won’t be the case for long, as the statue is slated to come down on Wednesday, September 8. Last summer, Governor Ralph Northam ordered the statue’s removal, and a recent Virginia Supreme Court ruling confirmed that the state does in fact have a legal right to take the monument down. 

The city will have to chop the statue up on the spot in order to haul away the 60-foot-tall monstrosity. There are no plans to remove Lee’s stone pedestal, which is still covered in graffiti from last summers’ protests.
The area around the statue, informally known as Marcus-David Peters Circle, in honor of a Black biology teacher who was killed by Richmond police, will remain a community gathering space. 

Protesters gathered at the Robert E. Lee statue in Richmond last summer.

Richard Spencer flounders

Richard Spencer, the white nationalist UVA alum who played a key role in the 2017 Unite the Right rally, isn’t doing so well these days, according to a New York Times report published over the weekend. The Times story says that Spencer “is now an outcast” in his Whitefish, Montana, home, that his organization has fallen apart, and that he can’t pay for a lawyer for his upcoming appearance in the trial over Unite the Right.  

Richard Spencer. Photo: Eze Amos.

“Richard Spencer wanted [Whitefish] to be his happy vacation place where he could play and have fun, and people would just live and let live,” area Rabbi Francine Green Roston told the Times. “Then he started suffering social consequences for his hatred.” 

“The Court’s order is stunning. Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of Justices have opted to bury their heads in the sand.”

—Supreme Court Justice Sonia Sotomayor, writing in dissent of the Supreme Court’s decision to allow a Texas abortion ban to stand

In brief

Planning commission hears (lots of) zoning comments

Debate continues around the city’s new Comprehensive Plan and subsequent zoning overhaul. Last week’s Planning Commission meeting lasted for more than five hours, with dozens of speakers tuning in to offer their opinions on the map. Some, especially those who live in neighborhoods currently zoned for single-family housing only, have advocated for the continued existence of single-family-only neighborhoods. Others want increased housing density throughout the city, and especially in neighborhoods where dense development isn’t currently allowed. Watch this space for updates as the process continues. 

Good says hello to UVA 

Bob Good. Supplied photo.

Congressman Bob Good visited with UVA conservative student group Young Americans For Freedom last week, reports the Cavalier Daily. Good delivered his usual shtick: “We absolutely have a border invasion on the southern border right now,” the congressman said, before disparaging Democrats’ new voting rights act and downplaying the need to take preventative measures against COVID-19.

Bullet fired through Boylan bathroom injures one

A customer was shot at Boylan Heights in the early hours of Saturday morning when a bullet was accidentally discharged and went through the wall of one bathroom to another. The female victim, who was hit in the arm, is in stable condition, reports a UVA community alert, and an arrest has been made.   

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Tarps off: Statue lawsuit looks headed to trial

In the latest court hearing on the lawsuit stemming from City Council’s vote a year ago to remove the statue of General Robert E. Lee, the tarps covering Lee and his Confederate general buddy, Thomas “Stonewall” Jackson, weren’t the main reason for the court date.

But the judge’s ruling that the shrouds must come down have set off a new round of outrage from anti-statue protesters and bolstered the plaintiffs assertion that council violated state law.

Outside Charlottesville Circuit Court February 27, dozens of protesters chanted, “If we don’t get it, shut it down.” Inside, Acting City Attorney Lisa Robertson argued the city’s demurrer, which is a motion to dismiss, and in legal circles, informally is defined as the defendant saying, even if the claims alleged in the suit are true, so what?

The big issue is whether the individual city councilors who voted to remove the Lee statue February 6, 2017, and the Jackson statue August 21—Wes Bellamy, Bob Fenwick, Kathy Galvin, Mike Signer and Kristin Szakos—are liable under Virginia’s war memorial protection statute that prohibits localities from removing or interfering with such monuments.

Robertson argued individual councilors have legislative immunity on issues that are matters of public concern on which they engaged in public deliberations and voted, and the plaintiffs can only sue the City of Charlottesville. Their vote did not constitute “willful misconduct,” she said. “Legislative immunity applies to individual members and City Council itself.”

Judge Richard Moore said he agreed with most of what Robertson said, but pointed to the statute that says a locality can’t move or damage a monument. “Clearly the General Assembly is waiving immunity for the locality,” he said.

The statute also allows for punitive damages from those who remove, damage or deface war memorials. Robertson pointed out the the judge had previously ruled there were no damages. An injunction has prevented the city from removing the statues until the court decides the lawsuit.

Plaintiffs attorney Ralph Main noted several times the statute allowed for an award of litigation costs and attorney fees, and said councilors were not protected by legislative immunity because they used city money for unauthorized purposes and “intentionally voted to remove the monuments.”

“Whether you agree or not,” said Moore, “all of them thought this was the right thing to do. This is clearly the city’s business.”

Moore issued rulings that will allow the lawsuit to go forward, and the lawyers agreed it could be handled in a one-day trial in October.

Two-and-a-half hours into the hearing, Moore took up an issue not on the docket and read a letter about his decision on the tarps City Council ordered August 21 to cover the statues in mourning for the deaths of Heather Heyer and two Virginia State Police pilots on August 12.

Last October, he denied an injunction to remove the tarps because the coverings were temporary. The deciding factor for Moore was that six months later, City Council has set no date for when the black plastic would be removed.

“I can only surmise that they have not set an end time because they never meant for the coverings to be temporary, but always wanted and intended them to be permanent or at least indefinite,” he said. “I do not believe that the statute allows that.”

At a February 5 hearing, Robertson suggested that the one-year anniversary of the August 12 Unite the Right rally is the appropriate time to end the mourning period.

“This seems to be an after-the-fact attempt to portray this as something other than originally intended,” said Moore. “The question is whether it is in fact a temporary covering. I find it is not.”

He also found that the “irreparable harm” from covering the statues is not physical damage, but the “obstructed right of the public, under the statute, to be able to view the statues,” including tourists and historians who’ve been unable to see them. The continued indefinite cover is “tantamount to ‘removal’ or building a fence around it, and has the same effect,” Moore wrote.

Outside the courthouse, Main said, “I think he made the right decision. It’s in accordance with the law.”

Protest organizer Ben Doherty with Showing Up for Social Justice said Take Them All Down is a national movement. While the judge said the tarps cause irreparable harm for people who can’t see the statues, “we would say the exact opposite,” said Doherty. “These statues being here on a daily basis causes irreparable harm.”

In a statement, new city spokesperson Brian Wheeler said, “From the beginning, the City Council’s intention for the shrouds was to mourn the loss of life and the severe injuries that members of our community suffered on August 12. In part, the judge’s ruling is based upon his opinion that the shrouds were not temporary in nature.”

While “disappointed by the ruling,” the city said it would respect the court’s decision. The tarps were removed the next morning.

Statue rulings so far

Plaintiffs favor

  • They have standing.
  • An injunction that prevents the city from removing the statues until the case is decided.
  • An injunction to remove the tarps.
  • A ruling that Virginia Code applies to statues in existence when the law passed in 1997 and could prevent removal of Lee and Jackson if they’re proved to be war memorials.
  • Enough facts that the judge will consider whether the Lee statue is a war memorial.

Defendants favor

  • The city can rename Lee and Jackson parks.
  • The city is not subject to punitive damages.

TBD

  • Whether the city is liable for compensatory damages.
  • Whether councilors have immunity.

 

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News

In brief: Confederate statue for sale, special prosecutor and more

Auction block

Despite a looming lawsuit, City Council charged ahead and voted 3-2 to sell the statue of General Robert E. Lee and rename the park that bears his name. Councilor Kathy Galvin, one of the two votes against the removal, reminded the public that a move is not imminent until the litigation is resolved.

Worlds collide

saraTansey
Sara Tansey teaches bystander intervention in February, before she was accused of snatching Jason Kessler’s phone. Staff photo

After earlier assault charges were dismissed, Jason Kessler filed again, this time against Sara Tansey for allegedly snatching his phone at a February Lee Park demonstration, and he asked for a special prosecutor for the destruction of property charge. Tansey filed assault charges against Joe Draego, the man who grabbed the phone back and who sued City Council over public comment procedures. Draego’s attorney in the civil suit, Jeff Fogel, now represents Tansey.

“I don’t know anything about him except he is a crybaby.”
—Commonwealth’s attorney candidate Jeff Fogel to WINA April 17 about Lee statue supporter Jason Kessler’s latest filing of charges

Grim anniversary

It’s been 10 years since a deranged gunman killed 32 people April 16, 2007, at Virginia Tech, the nation’s worst mass murder until that record was broken last June at an Orlando nightclub.

Back to the merch

Music and real estate mogul Coran Capshaw reacquired Musictoday, the Crozet e-commerce company he founded in 2000 and sold to Live Nation in 2006, Billboard reports.


HousingGraphHousing bubbling up

In 2007, the burst housing bubble wasn’t as bad as it would get over the next few years, but local residential sales were starting to slide from the peak prices of 2005. Ten years later, some homeowners are still underwater, but others are seeing housing prices increase again. Back in ’07, it was a buyer’s market with a huge inventory of houses, and that’s the biggest difference now: “Lack of inventory,” says Anthony McGhee, president of Charlottesville Area Association of Realtors. “Price increases are based on low supply and high demand.” Now, once again, realtors are advising people not to wait to buy because prices—and mortgage rates—are only going up. Here’s what the first quarter of 2017 looks like compared to 2007.

HousingData


Power of the press

More than 500 members of the Virginia Press Association attended the awards banquet for the 2016 Annual News and Advertising Contest, held April 8, at the Hilton Richmond Hotel and Spa/Short Pump. Local media winners included the Daily Progress, which took the Grand Sweepstakes award in the Daily 1 category and the News Sweepstakes award, and Charlottesville Tomorrow, which won the Online Sweepstakes award. C-VILLE Weekly took home 11 awards in the specialty category:

First place:

  • Larry Garretson—Arts writing (“Creative sparks: The value of undeveloped spaces in Charlottesville”)
  • Lisa Provence—General news writing (Water Street parking garage coverage)
  • Jordy Yager—In depth or investigative reporting (“Searching for solutions: Why are black kids arrested more often than white kids?”)

Bronco Mendenhall loves a challenge. That means he’s in the right place as he attempts to rebuild UVA’s football program into a winning powerhouse. Hoos watching? Everyone.
Bronco Mendenhall. Photo Jackson Smith

Second place:

  • Best website
  • Tom Daly—Pictorial photo (LOOK3 Festival of the Photograph)
  • Jackson Smith—Personality or portrait photo (Bronco Mendenhall)

Third place:

  • Jessica Luck—Feature story (“Dr. Edward Wolanski has become part of the families”)
  • Max March—Specialty pages or sections (Arts picks)
  • Ron Paris—Feature photo (World Wrestling Entertainment)
  • Ron Paris—Sports news photo (Montpelier Hunt Races)
  • John Robinson—Pictorial photo (Albemarle County Fair)
Categories
News

Council split on Lee Park commission

City Council heard from around three dozen people at its marathon five-hour April 18 hearing on the statue of General Robert E. Lee and the forming of a blue ribbon commission on race, memorials and public spaces. Much like the citizens that spoke before them, the councilors found themselves split on how to move forward.

Kristin Szakos and Vice-Mayor Wes Bellamy, who held a press conference March 22 to call for removal of the statue and the renaming of the park, favored assembling the commission and getting an opinion within 60 days. Kathy Galvin and Mayor Mike Signer wanted a slower, broader examination of race in public spaces. And Bob Fenwick, who is often on the losing end of 4-1 votes, was ill and could be the decisive vote on the issue.

Signer called for the blue ribbon commission in March, and said his thinking had evolved after holding two town halls and hearing a majority of African-Americans say they don’t want the Lee statue removed. He proposed a new resolution for the commission to provide council with options for telling the full story of Charlottesville’s history of race relations and for changing the city’s narrative through its public spaces, including augmenting the slave auction block at Court Square, completing the Daughters of Zion cemetery and renaming options for existing structures. “I feel very strongly it needs to be holistic,” he said.

Both Szakos and Bellamy objected to dragging out the process and wanted to tackle the Lee statue quickly without getting bogged down in broader issues. “When do we stop talking and get to work?” asked Bellamy.

City Council will have a work session April 28 on the commission itself, and vote on whether to create it May 2. The first meeting in November was proposed for having the commission present its findings.