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Miller’s time: Candidate arrested in mall shout-down

Commonwealth’s attorney candidate Jeff Fogel was arrested in the wee hours today when five police cars came to his house following an alleged assault earlier in the evening outside Miller’s on the Downtown Mall.

That was where the latest confrontation between whites-righter Jason Kessler and Showing Up for Racial Justice took place after Kessler dined at the popular venue’s outdoor patio and was spotted by SURJers, who put out an APB for its members.

“White supremacists should not be allowed to move quietly in public spaces,” SURJ member Pam Starsia recently told C-VILLE. And the group has admonished Miller’s for serving white nationalists after Richard Spencer’s tiki-torch procession in Lee Park May 13.

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SURJ members serenade diners at Miller’s with chants like “Nazi go home.” Photo Eze Amos

Fogel says he had been to a candidate event last night and had just gotten home when a friend called and asked him to come observe things at Miller’s, where he dined with City Council candidate Nancy Carpenter. “I had a delicious hamburger and a beer,” he says.

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Jason Kessler, center, airs his grievances to police officers about SURJ members such as Joe Starsia, right. Photo Eze Amos

Kessler was surrounded by SURJ members shouting, “Nazi go home,” and “No fascists, no KKK, no Nazis in the USA,” as he filmed the event. Kessler spotted Fogel dining in front of Miller’s, and chastised him for calling Kessler a “crybaby” in April.

On video, a man with Kessler called Fogel a “communist piece of shit.”

Fogel replied, “What did you say?” and is seen reaching in with his hand toward the man on the video.

“Oh my God, this guy just assaulted my friend,” an elated Kessler says, and he urged his friend to press charges.

Fogel declined to comment on the alleged assault, but he did say he went home and had gone to bed when five police cars and officers showed up at his house at 12:30am. He says he was arrested, rather than given a summons for the misdemeanor charge, because the magistrate told him, “I didn’t like the way you talked to the sergeant.”

Fogel’s client, Veronica Fitzhugh, was arrested in a similar manner the night before with five officers coming to her home for misdemeanor charges of disorderly conduct and assault and battery, stemming from a May 20 encounter with Kessler on the mall, according to Fogel. His arrest “was just like what happened to Veronica,” says Fogel.

Charlottesville police spokesman Steve Upman did not immediately respond to inquiries from C-VILLE about the show of force in making the night-time arrests, and whether any other arrests would be coming from the scene at Miller’s.

The complaint was filed by Caleb Norris, says Fogel.

It’s unclear how the arrest will impact the Democratic primary for commonwealth’s attorney, where Fogel faces Assistant Commonwealth’s Attorney Joe Platania. Platania declined to comment on the arrest of his opponent. In an interview yesterday, Fogel noted that he’d never been arrested.

The first-hand experience of being hauled to the jailhouse was eye-opening for Fogel, who has sued city police for stop-and-frisk records and has made criminal justice reform his platform.

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Attorney Jeff Fogel experiences the other side of the legal system with his early morning arrest. Charlottesville Police

“I never realized how uncomfortable it is to sit in the back of a police car with handcuffs,” he says. “You have to sit forward and there’s no leg room in the back of a cruiser.”

He says, “I’m sure there are people treated much worse than me. I’m a 72-year-old who’s running for commonwealth’s attorney with no record.”

Miller’s did not respond to a request for comment at press time, but the Newplex’s Taylor Cairns reports Kessler was banned for life from Miller’s, and Fogel says Carpenter also was told not to come back.

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Miller’s had more going than John D’Earth’s regular Thursday gig last night. Photo Eze Amos

 

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Kumbaya moments at Lee Park—sort of

Charlottesville religious leaders staged a counterprotest this morning at Lee Park in anticipation of a gathering of Confederate supporters that didn’t happen. And when two foes met amid the hymns and prayers, all was not forgiven.

According to a press release, the Confederates were supposed to be at the park at 10am. Members of the religious community, including Methodists, Unitarians and Sojourners, met at First Methodist Church before 9am and proceeded singing into the park.

More than 70 people gathered in front of the statue of General Robert E. Lee and sang,”We Shall Overcome,” “Give Peace a Chance” and “This Little Light of Mine” for more than two hours, while calling for racial justice, love and unity.

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People of faith gathered in Lee Park to support racial justice. Staff photo

At the same time off to the side, a handful of those who favor keeping the statue of Lee, an issue that has turned the park into a flashpoint that drew white nationalists two weeks ago, were not part of the unity the organizers advocated.

Western-heritage defender Jason Kessler said he was there to support City Council candidate Kenny Jackson.

Jackson, a native Charlottesvillian and an African-American, wants to keep the Lee statue, a position for which he said he’s been called an Uncle Tom. He pointed out that most of the people wanting to remove it—and assembled for the counterprotest—were affluent whites.

“When Dr. King came here,” said Jackson, “he talked about peace and unity. He didn’t try to make white people feel guilty about the past.”

And about the group of white activists with Showing Up for Racial Justice, he said, “They make us feel like we’re stupid and need special help,” he said.

The statue, he said, “is not an issue for the black community.”

And he denounced those who have been putting up posters around town with photos of Kessler and others, calling them Nazis.

Activist Veronica Fitzhugh’s peacemaking moment was rebuffed when she asked Kessler to hug her.

Instead, Kessler accused her of posting the “Know Your Nazi” posters around town. “It’s one thing to talk about love and peace, but this woman has been putting up fliers with my name and address, saying we’re Nazis, listing our places of business and telling people to harass us,” he said.

Ten days ago, Fitzhugh, wearing a pink wig, screamed in Kessler’s face for him to “fucking go home” when he sat at a table on the Downtown Mall May 20. Today, wearing a black mantilla-like scarf, she got on her knees before him and asked, “Are you going to forgive me?”

“I want you to leave me alone,” replied Kessler.

Jackson continued to object to the posters he claimed urged people to kill Nazis.

“What I said was, ‘Nazi go home,'” said Fitzhugh.

“Let him talk,” interjected Mason Pickett, a City Council regular who has his own adversarial relationship with SURJ, two of whose members quickly were in his face as police officers approached and intervened.

“It is not against the law to yell at people,” said Fitzhugh. Among the cops standing nearby was Chief Al Thomas, but when she asked, no one answered her question about the legality of screaming at people.

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Chief Al Thomas and Major Gary Pleasants are on hand, along with about 20 other cops at Lee Park. Photo Eze Amos

Jackson mentioned a May 20 video of Fitzhugh and others shouting at Kessler. “On the video you were cursing and abusing,” said Jackson, who pointed out that was illegal and indicated he knew that from personal experience.

There were some less confrontational discussions between those holding opposing viewpoints.

Artist Aaron Fein said he came to listen to other people. “Certainly there were people with whom I found common ground I didn’t expect, and other opinions weren’t changed.”

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Jason Kessler passed on an opportunity to hold hands in public. Photo Eze Amos

When a speaker from the larger religious group asked everyone to grab the hand of a neighbor, Fein stood in a small circle with Jackson’s group, which was also holding hands. Fein held one hand extended to Kessler, who kept his own firmly in his pocket.

Kessler told some of those talking to him that he supported Jackson because he wasn’t into “white guilt.” He pointed to the spiritual adherents and said, “These people are trying to wipe white people from the face of the earth by 2050. They want to displace white people.”

Brittany Caine-Conley was one of the organizers of the event. “I’m here because I think it’s imperative people of faith organize against racism,” she said. “It’s one of the imperatives of Christianity.”

“We need to stop hate,” echoed Jackson. “We need to stop posting signs that talk about killing people.”

As many of those in the park dispersed, Chief Thomas, when asked how it went, said, “We only have one goal—that everyone stays safe and respectful.”

Correction: Aaron Fein was misidentified in the original version.

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Out loud: Protesters and counterprotesters keep volume up at Garrett town hall

This is what democracy looked like March 31 outside UVA’s Garrett Hall, the scene of Congressman Tom Garrett’s first town hall: rowdy.

Demonstrators armed with bullhorns both for and against Garrett pushed up against one another and made their positions known with shouts of “USA! USA! USA!” and “Hey, hey, ho ho, white supremacy’s got to go.”

While the pro-Garrett faction, many of which were carrying Garrett or Trump campaign signs, was outnumbered, they did manage to keep the volume up, and even inside Garrett Hall, chants could be heard for the first hour of the forum.

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photo Eze Amos

Groups like Indivisible Charlottesville have called on Garrett to hold a town hall since he took office in January, and many were not pleased that his first meeting in the blue-hued center of the mostly red 5th District was limited to 230 people—50 Batten students and 180 chosen by lottery out of the 850 who signed up, according to Batten Dean Allan Stam, who led the discussion.

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Virginia State Police joined UVA police officers at the town hall. Around 60 officers were on hand. Photo Eze Amos

Dozens of police officers were stationed outside Garrett Hall to keep the peace, and despite heated exchanges between the factions, primarily Showing Up for Racial Justice and western heritage defender Jason Kessler’s Unity and Security for America, no arrests were made, according to university police.

Kessler, who recently was thwarted in court on his petition drive to remove Vice-Mayor Wes Bellamy from office, filmed a video in front of Garrett Hall detailing his equipment for the event, which included a sign with Pepe the Frog, a symbol appropriated by white nationalists, bearing the message, “Kekistani American Day,” and a shield to fend off the “antifas”—anti-fascists in alt-right lingo.

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photo Eze Amos

And the shields were used to push back on banner-carrying SURJ members in front of Garrett Hall. Among the dozen or so activist groups that have sprung up since the 2016 election, SURJ has emerged as the most militant. Its members surrounded and shouted down GOP gubernatorial candidate Corey Stewart February 11 when he was in town to denounce City Council’s vote to remove the statue of General Robert E. Lee.

At the town hall, this time Stewart was equipped with his own bullhorn to broadcast his promise to protect his supporters’ culture, heritage and history.

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GOP gubernatorial candidate Corey Stewart was back in Charlottesville again. Photo Eze Amos

“The strange part was outside the building, having to go through that gauntlet,” says town hall attendee Diana Mead. “It made me a little nervous.”

Also on Kessler’s video, Albemarle County Republican Committee’s new chair, George Urban, shares a tip that a “group of anarchists partially funded by George Soros were boarding a bus in Richmond headed for this event to cause trouble.” Urban declined to comment on “protesters’ organizing efforts” when contacted by C-VILLE.

University Democrats, whose offer of a larger space to hold the town hall did not receive a response from Garrett, held a non-partisan democracy festival in the amphitheater across from the town hall. That event was relatively calm in comparison, says communications coordinator Virginia Chambers. She said between 18 and 20 groups set up tables, and she estimates 600 attended.

Despite the rain, says Chambers, “People were walking around and engaging with people at the tables.”

A March 1 release from Garrett’s office said Batten’s rules for the town hall prohibited signs, cheering, clapping, booing and chanting; several of these were broken immediately.

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Breakin’ the rules. Photo Eze Amos

A handful of SURJers made it into the front row of the town hall, where they unfurled a banner that read, “No dialogue with white supremacy.” They chanted “white supremacy has got to go” as they headed out of the room on their own volition.

“It didn’t bother me,” says Mead, “because they were so efficient. They got their message out and didn’t have to be dragged out. It was pretty classic civil disobedience—except they didn’t want to go to jail.”

In a statement, SURJ said, “Engaging in polite conversation with Garrett normalizes his extreme views and allows them to spread. Instead, we need to disrupt this language…”

Garrett acknowledged the chants outside and in. “There’s no place for white supremacy in the forum of Thomas Jefferson’s university or in the nation of the United States of America,” he said.

During the two-hour forum, Garrett responded to questions submitted by attendees and randomly chosen by the Batten School on health care, President Trump, Russian influence, immigration and guns in the District of Columbia.

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Congressman Tom Garrett said his concern for safety was the reason for holding the town hall in a smaller venue. Eze Amos

At times his responses seemed to draw bipartisan applause, such as when he said he would support the removal from office of any officials determined to collude with Russia, or when he said he did not believe all refugees should be banned from entering the U.S.

His detailed and rapid-fire responses to some questions caused Stam to remark, “I think you’re turning out to be a little more wonkish than people expected.”

Garrett promised to hold more town halls in the future, and has one scheduled May 9 in Moneta.

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Frank Batten School of Leadership and Public Policy Dean Allan Stam led the discussion with Congressman Tom Garrett. Photo Eze Amos

He concluded with thanks to the Batten School and to the attendees. “Whether you think I’m the best congressman or the worst ever, thanks for caring enough to come out,” he said. “This is what drives the greatest nation on earth.”