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In brief: Neo-Nazi battle, minimum wage raise, Landes and Galvin decide, and more

Who’s head neo-Nazi?

James Hart Stern, a black activist, claims he had taken over the National Socialist Movement and filed a motion February 28 accepting liability in the August 12-related lawsuit Sines v. Kessler. But the longtime head of the neo-Nazi group, Jeff Schoep, sent C-VILLE an email March 8 saying Stern had no legal standing with the org. Meanwhile, a judge has given Schoep until March 18 to find a lawyer.

UVA raises minimum wage

The university will up its minimum wage to $15 an hour for 1,400 full-time employees January 1. That means 60 percent of the lowest-paid workers will see a boost. The rest are contract workers and the school says it’s still working on that.


Quote of the week

“As a university, we should live our values—and part of that means making sure that no one who works at UVA should live in poverty.”—UVA President Jim Ryan


Landes looks for new job

Steve Landes

Delegate Steve Landes will not seek a 13th term representing the 25th District. Instead, he’s running for Augusta County clerk of circuit court, which pays $138,000 compared to the $17,640 part-time legislators make in General Assembly. Albemarle farmer Richard Fox, Augusta Supervisor and former county Dem chair Marshall Pattie, and Bridgewater GOP member Chris Runion will face off at an April 27 firehouse primary for the Republican nomination.

 

 

Kathy Galvin

So does Galvin

As Delegate David Toscano prepares to step down from his seat in the House of Delegates, another familiar face is gearing up for a campaign to replace him in the 57th District. City councilor of eight years Kathy Galvin will challenge UVA professor Sally Hudson for the Democratic nomination.

Surprise resignation

Barry Neulen took the job as head of the Emergency Communications Center six months ago, when the team of 911 dispatchers was severely understaffed and desperate for help. He’s faced criticism for multiple decisions, including hiring former military buddies to help train new recruits—which employees applauded, and Police Chief RaShall Brackney questioned. Neulen abruptly resigned March 11, and UVA’s executive director of emergency management, Tom Berry, will serve in the interim.


Recycle this!

With a few new changes in the local recycling scene, it can be hard to keep up with where to toss your antifreeze, and where not to store your styrofoam.

In:

The Ivy Material Utilization Center—er, the dump—now has expanded recycling services, which are free to city and county residents. You may now recycle the following:

  • Compostable food waste
  • Newsprint and magazines
  • Motor oil
  • Antifreeze
  • Corrugated cardboard
  • Glass food and beverage containers
  • Mixed brown paper
  • Aluminum beverage cans and steel cans

Out:

But come July, the Rivanna Solid Waste Authority will no longer accept No. 3 through No. 7 plastics at the McIntire Recycling Center, at least until there’s a market for them again. According to a RSWA staff report, the Chinese market is closed and there’s no viable domestic one. So if you’ve recently “recycled” those plastics in town, they’ve likely been shipped to Raleigh, North Carolina—and tossed in the trash. Here’s a sampling of what won’t be accepted come summer:

  • PVC pipe
  • Sandwich and grocery bags
  • Styrofoam
  • Squeezable condiment bottles
  • Tupperware
  • Yogurt containers
  • Prescription bottles
  • Bottle caps
  • Plastic cutlery
  • Baby bottles

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

By Shrey Dua

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

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

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

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

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

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

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

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

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

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

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In brief: DMV’s court order, Brown’s abrupt closing, Murray’s lump of coal and more

Driver’s license suspensions under siege

A federal judge granted a preliminary injunction December 21 and ordered Department of Motor Vehicles Commissioner Richard Holcomb to reinstate the driver’s licenses of three plaintiffs who automatically lost their licenses when they were unable to pay court costs and fines. The judge said they are likely to prevail in their arguments that such automatic suspensions are unconstitutional.

That same week, Governor Ralph Northam called for an end to the practice. And Republican state Senator Bill Stanley has filed a bill that would end the automatic suspensions.

The class-action lawsuit—Stinnie v. Holcomb—challenges the automatic loss of driving privileges regardless of a person’s ability to pay and without notice or a hearing. Brought by the Legal Aid Justice Center in Charlottesville, the case alleges that approximately 650,000 Virginians have had their licenses suspended for reasons that have nothing to do with driving violations and solely for failure to pay fines.

In his ruling, Judge Norman Moon says, “While the Court recognizes the Commonwealth’s interest in ensuring the collection of court fines and costs, these interests are not furthered by a license suspension scheme that neither considers an individual’s ability to pay nor provides him with an opportunity to be heard on the matter.”

Two of the plaintiffs—Damian Stinnie and Adrianne Johnson—are from Charlottesville, and Moon’s injunction noted how the inability to drive affected their ability to find employment and “created a cycle of debt.”

His ruling only affects the plaintiffs in the case, and the DMV is ordered to reinstate their licenses without charging its $145 reinstatement fee.

“Today’s ruling is a victory for the Constitution and for common sense. The Court stated unequivocally that Virginia’s driver’s license suspension statute likely violates procedural due process rights, says Angela Ciolfi, executive director of Legal Aid Justice Center, in a release.

Since the case was filed in 2016, the issue, which advocates call a “modern-day debtors prison,” has gained national attention. Lawsuits have been filed in six other states and a federal judge in Tennessee recently issued a similar injunction there.


Quote of the week

“We cannot ignore the role of firearms in mass school shootings, nor should we avoid our responsibility as legislators to act.”Democratic minority report to a House of Delegates committee report on school safety that does not address gun violence


In brief

Eugenics landmark closes

The Central Virginia Training Center outside Lynchburg, where 4,000 Virginians were sterilized, often without their knowledge, will close in 2020. Charlottesvillian Carrie Buck was sent there in 1924, because she was pregnant and accused of promiscuity and “feeble-mindedness.” In Buck v. Bell, the U.S. Supreme Court famously ruled that “three generations of imbeciles are enough,” and okayed her later sterilization. The institution stopped performing sterilizations in 1952 but continued to care for the intellectually disabled.

Hung out to dry

Brown’s Cleaners abruptly shuttered its four stores Christmas Eve, leaving employees without paychecks—and customers wondering how to retrieve their dry cleaning. A sign said to check legal notices in the Daily Progress about how to pick up orders, but as of December 28, the Progress said it had received no info from the 71-year-old business, which took its website down and left phones unanswered. NBC29 reports the company declared bankruptcy.

Virginians favor pot decriminalization

A new ACLU poll shows 71 percent of registered voters favor dropping criminal penalties for small amounts of marijuana, and 63 percent say it should be legal and regulated like alcohol. The poll also shows a majority believe that race or economic status influence how one is treated in the criminal justice system, and 62 percent say fewer people should be sent to prison because it costs taxpayers too darn much.

Garrett’s swan song

Tom Garrett file photo

In his last days as 5th District representative, Tom Garrett saw President Donald Trump sign his bill renaming the Barracks Road Shopping Center post office in honor of Captain Humayun Khan, a UVA grad who died in Iraq in 2004. The Republican also delivered a bipartisan letter to Trump opposing the president’s decision to remove U.S. troops from Syria, calling it a threat to national security.

Lump o’ coal

Jim Murray contributed photo

The office of UVA Vice Rector Jim Murray got a visit from one of “Santa’s elves,” who delivered a piece of coal and said the venture capitalist had been naughty this year for opposing a living wage and calling its proponents “intellectually lazy,” according to a video circulated by Virginia Organizing.

Another Landes challenger

Ivy resident Lauren Thompson, 30, became the second Democrat to seek the nomination to run against 12-termer Republican Delegate Steve Landes, 59, whose 25th District, mainly in Augusta and Rockingham counties, includes a swipe of western Albemarle. Thompson, a Navy veteran, faces Augusta activist Jenni Kitchen, 37, for the Dem nod.


By the numbers

Housing affordability

The folks at the Virginia Public Access Project are always crunching the numbers, and last week they published how much of your take-home pay goes to housing, depending on where you live.

While Charlottesville may seem like one of the most expensive markets in the state, in Emporia City, 32.7 percent of median household income goes for housing, compared to nearly 25 percent in Charlottesville and 20.14 percent in Albemarle County. Highland County is the cheapest place to live, taking only an 11.6 percent bite out of paychecks, according to VPAP.

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YOU issue: Cities vs. counties

Here’s what readers wanted to know:

Why is Virginia the only state with multiple independent cities? The city/county split here seems to lead to more difficulties than not. —David Moltz

Why did Charlottesville become an independent city in the first place? What ridiculous conflicts and duplication of services have we had over the years? Why does it persist? What’s the future for the Charlottesville-Albemarle relationship?—Nathan Moore

The whys of independent cities appear to be a burning issue over at WTJU, from whence these two inquiries came—although GM Moore assures us he and Moltz were not in cahoots with the questions and that this is not an official WTJU inquiry.

Here’s what we know: Out of 41 independent cities nationwide, 38 are in Virginia. These cities got charters from the General Assembly and are not part of the surrounding counties—in our case, Albemarle.

In England around the time this country was founded, entities like the Dutch East India Company were created as corporations and given special powers. Former mayor Frank Buck says cities in the new Virginia colony, which was largely developed by the English, followed that model. Cities went to the legislature to ask for an act to incorporate as independent bodies, while counties were land grants and considered part of the state government, he says.

Cities had more power and could facilitate growth by annexing land, which did not make surrounding counties like Albemarle happy.

That became the genesis of the revenue-sharing agreement, the question we thought we would get from readers but didn’t. We’ll take this opportunity to explain anyway.

Charlottesville wanted to annex land on U.S. 29 north to the Rivanna River, east to Pantops, south to I-64, and west to Farmington, says former city manager Cole Hendrix. Not surprisingly, Albemarle was freaking out with the potential loss of land—and tax revenue—in its urban ring.

So City Council and the Board of Supervisors sat down to find an alternative, and revenue-sharing, in which Albemarle pays 10 cents of its property tax rate to Charlottesville every year, was the agreed-upon solution and was approved by the county voters in 1982.

Ironically, five years later in 1987, the General Assembly put a moratorium on annexation. But Albemarle was still stuck paying out millions to Charlottesville every year.

“Newcomers come into town and say, ‘This doesn’t make sense,’” says Hendrix. Nonetheless, Albemarle can’t get out of it unless the city and county merge, they mutually agree to cancel or alter the agreement, or the General Assembly decides to change the concept of independent cities and make them part of a county’s tax base.

Delegate Steve Landes added a budget amendment in 2017 that would have invalidated the agreement, but ended up withdrawing it because of unintended consequences to other localities. This year, he carried a bill that was signed into law and requires localities like Charlottesville to report how it spends the money, and for city and county to talk annually.

The revenue-sharing agreement led to a petition for Charlottesville to revert to town status in 1996 because of declining revenues. That would have allowed the city and county to combine duplicate government services like schools and police. “No one wanted to do that” as far as the schools, says Hendrix.

He points out the two jurisdictions do have joint agreements for services such as the airport, Rivanna Water and Sewer, and libraries.

Here’s another city/county divide factoid: “The original Grounds of the University of Virginia by fiat were in the county,” says Hendrix. When UVA began buying land in the city, it took that property off the tax rolls. “We had a gentleman’s agreement with the university,” he says: If the land was for educational purposes, it wasn’t taxed. If it was for non-educational purposes, for example, a football field, UVA paid taxes on it. 

Updated November 30 with Nathan Moore’s clarification that he and Moltz were not representing WTJU when they posed the questions about independent cities. 

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The fear, the fight, the future: The threat of gun violence is a new reality for today’s students

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?

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‘Big deal’: Nearly 5,000 locals eligible for coverage with Medicaid expansion

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.

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Shifting ground: What to expect in this year’s General Assembly session

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.

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Independent upset: Dems crush everywhere—except Charlottesville

 

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.

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Lynn challenges Landes—again

White Hall resident Angela Lynn is tossing her hat into the 25th District ring, most of which lies in Augusta County, so it’s no surprise that gerrymandering was the first issue she talked about during her announcement in front of the Albemarle County Office Building March 7.

Democrat Lynn, who challenged incumbent Steve Landes, R-Weyers Cave, in 2015, says she noticed before her first run that when she went to vote, “There was no one on the ballot except for the incumbent.” She immediately went to work for One Virginia 2021, the group that got shut down on redistricting reform last month in the General Assembly.

Calling gerrymandering a “corrosive issue,” Lynn points out that Landes serves on the privileges and elections committee, which killed this session’s redistricting reform bills.

Landes carried his own resolution that would have forbidden political consideration in drawing district lines. His bill also died in subcommittee along with a handful of others. Senate bills that crossed over to the House of Delegates got a vote from the committee—with Landes voting no—but still met their demise.

Lynn lost to Landes’ overwhelming 66 percent in 2015, and she acknowledges taking the 25th would be tough. While Lynn won in the western sliver of Albemarle that’s part of the district, Landes took 78 percent of the vote in Augusta, and 74 percent in Rockingham County, which is also part of the district.

“The only way for me to be an incumbent in a gerrymandered district is I need new voters,” she says. “I need them to come out. I need the energy we’re seeing now to come out. It’s a call to action.”

“In politics, you don’t ever take anything for granted,” says Landes, who chairs the education committee and is vice chair of appropriations. He says he’ll seek a 12th term to finish work on high school SOL requirements and Medicaid reform.

Military wife Lynn taught public school in Virginia and is the mother of five public school graduates. She says she wants to fully fund education, protect health care and halt the Atlantic Coast Pipeline.

“I need people in September and October who are really fed up,” she says, hoping for an army of volunteers to knock on doors. “This is a really different time.”

Updated March 10.

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Landes’ surprise: Move to thwart revenue sharing catches locals unaware

Albemarle hates it and Charlottesville loves it. But neither jurisdiction saw Delegate Steve Landes’ budget amendment coming that could scrub a 1982 agreement in which Albemarle pays millions every year to Charlottesville for the privilege of not being annexed—even though the General Assembly put a moratorium on annexation in 1987.

“The county was only recently made aware of this budget amendment proposed by Delegate Landes and is currently assessing exactly how it might impact the revenue-sharing agreement, including budgetary implications,” says county spokesperson Jody Saunders about the measure first reported by NBC29.

Albemarle has paid Charlottesville more than $280 million in the 35 years the agreement has been in effect, most recently writing a check for nearly $16 million for fiscal year 2016-17. The revenue-sharing agreement was signed after it was approved in a referendum, with the county agreeing to share 10 cents of its real estate tax rate each year with the city.

Weyers Cave resident Landes represents western Albemarle, and while he’s heard from irate constituents about the revenue-sharing agreement, particularly at budget time when the perpetually cash-strapped county debates real estate tax increases, the move came as a “total surprise” to the Board of Supervisors, says chair Diantha McKeel.

“Right now we’re gathering information,” she says. “We don’t know what the ramifications are.”

She suggested C-VILLE contact Landes for more information about the amendment, but so far, the delegate has not returned multiple requests for comment.

“We just sort of spotted it,” says House Minority Leader David Toscano. “[Landes] is on the appropriations committee. It would be easy for him to get it in a budget amendment.”

Toscano has several concerns. The revenue- sharing agreement is a policy issue that typically would be handled with a patron who would introduce a bill, he says. Using a budget amendment is “very unusual,” he says.

“There are terrible unintended consequences,” he says. Around 50 other jurisdictions, including Lexington and Rockbridge County and Lynchburg and Campbell County, have voluntary agreements on annexation issues. “There are tremendous implications for other jurisdictions,” says Toscano.

“And when you use the language of the amendment, it’s very difficult to understand,” he says.

Indeed, C-VILLE had to seek a translation from UVA law professor Rich Schragger.

“Hmmm, this is hard, but I think that it means that agreements between localities that involve a waiver of a right to annex are invalid if the Assembly has placed a moratorium on annexations,” Schragger writes in an e-mail. “In other words, an agreement to forgo exercising a right that is now unavailable to the city (because there is now an annexation moratorium) is invalid.”

What is unclear, says Schragger, is whether the legislature could void an existing contract between Charlottesville and Albemarle that’s supposed to be perpetual.

“It’s a very interesting legal question,” says Toscano. “Typically I don’t believe the legislature can impinge on the right of contracts, but it could be possible. I don’t know.”

Toscano, a former Charlottesville mayor, says he would not support the amendment. The revenue agreement has “benefited both localities,” he says, and suggests the city reserve a portion of the payment for capital improvements that have regional uses. “A classic example would be the courts, which would benefit both jurisdictions.”

Supervisor Rick Randolph made a similar suggestion last year as Albemarle considered moving its courthouses from downtown. “I proposed a reduction of 50 percent of what we’re actually paying,” he says, because of the economic benefit the city gains from having county courts within its limits. “All I was saying was, ‘Let’s talk about it,’” he says.

Not surprisingly, city officials are skeptical about the amendment. “It sounds to me like a political trick,” says City Councilor Bob Fenwick. “It’s a contract. I don’t see how [Landes] can break it. That would wreak havoc on contract law in Virginia.”

Former mayor Dave Norris points out that both jurisdictions agreed to the measure, and says it has served them well. “The city could have collected millions” in tax revenue if it had annexed more of the county’s urban ring, he says, and the revenue sharing has “kept the urban center healthy.”

Toscano suspects the amendment won’t make it into the budget. “I think when Steve realizes he’s opened a can of worms that will affect other jurisdictions, I think he’ll kill it,” he says. “I don’t think he wants to upset the commonwealth’s apple cart.”

Information Courtesy Albemarle County