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Guns down: City gun control ordinance draws fire

In June, the Virginia General Assembly passed a slew of gun control bills, including one that allows cities and counties to prohibit guns on public property. Localities across the state, like Newport News and Alexandria, have since enacted such a ban—and last week, Charlottesville followed suit.

Beginning October 1, guns will be prohibited in parks, buildings, and recreational or community centers owned by the city. They’ll also be banned on public streets or rights-of-way used for—or adjacent to—a permitted event, according to an ordinance unanimously passed by City Council on September 8.

What might have seemed like a straightforward progressive reform has, in fact, stirred controversy.

Anti-racist activist Brad Slocum fears the ordinance will be selectively enforced, pointing to the infamous Unite the Right rally, during which Charlottesville and state police officers stood by as white supremacists attacked counterprotesters.

“There’s ample recent and historical evidence that these kinds of ordinances…are not usually enforced against groups or individuals that are perceived as friendly to the police or the state, [like] militias, white supremacists, and similar types,” says Slocum, who supports defunding the police. “Whereas they do seem historically to be enforced against Black, left-wing, or otherwise non- or anti-establishment groups and individuals, sometimes severely.”

City resident Sean Reid also believes the law will disproportionately impact Black people, citing CPD’s long history of racism and overpolicing. According to Charlottesville Open Data, about 54 percent of people arrested by CPD since 2015 have been Black, even though the city is only about 18 percent Black.

Police officers are also not going to be posted at every city property, leaving many without a way to defend themselves or a sense of safety, says UVA grad student Ben (who asked that we not use his last name).

Though he views gun violence as a “non-issue” in the places where the city has now banned guns, Ben, who is a gun owner, also questions whether the law will be an effective way to prevent it, pointing to shootings that have occurred in places where guns were banned.

(Due to the varying definitions of “mass shooting” and “gun-free zone,” research remains unclear on whether shootings occur at increased rates in gun-free zones.)

Speaking only for herself, City Councilor Sena Magill says she too worries about the “unintended consequences” the ordinance could have, but feels that it is “the right way forward,” specifically because of the violence and trauma surrounding Unite the Right.

“If this ordinance had been in place on August 12, 2017, hundreds of people would not have been able to legally gather on park property and intimidate and threaten my friends and family,” she says. “I [also] don’t want someone to be able to walk into City Hall with a gun on their hip…and be able to intimidate the City Hall staff.”

“We’ve seen extremists exploit lax gun laws to terrorize the public,” adds Mike Fox, legislative lead for the Crozet chapter of gun control advocacy group Moms Demand Action. “We saw it with Unite the Right in Charlottesville, earlier this year when armed demonstrators descended upon Richmond, [and] we’ve seen it across the state, where you have armed citizens showing up at government meetings, intimidating lawmakers [and] voters.”

According to spokesman Tyler Hawn, CPD is creating an educational and awareness campaign on the ordinance “to ensure understanding and compliance.” It will alert the public of where they can and cannot legally carry a gun, and the consequences that can come with violating the ordinance, a Class 1 misdemeanor: up to a year in jail, and a fine of up to $2,500.

Updated 9/16 to clarify the racial disparity in arrests made by CPD

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Trauma, on top of trauma: Police violence takes increasing toll on black mental health

C-VILLE requested a statement on Katrina Turner’s allegations from the Charlottesville Police Department on Tuesday morning, and CPD responded with a statement from Chief RaShall Brackney shortly after C-VILLE went to press. The statement has been attached.

When Myra Anderson saw the video of Minneapolis police officer Derek Chauvin kneeling on George Floyd’s neck for nearly nine minutes, ultimately killing him, she could not help but play it in her head over and over again. Now, she almost wishes she had never watched it.

“It just hurt me to my heart,” says Anderson, who is a black mental health advocate and peer support specialist. “There’s no way you can’t be affected by seeing somebody that looks your same skin color on TV, that’s not armed, and doesn’t appear to be doing anything [be killed]. It’s traumatizing deep deep down…It carries the weight of all of the other historical injustices and trauma that happened before.”

The violent murders of black people by police—and the recent extensive media coverage—has taken a toll on Anderson’s mental health, as it has for many African Americans across the nation. She’s felt a whole range of emotions, from anger to frustration to depression. It’s been difficult for her to stop crying, she says, or get some rest.

“This is a hard time for black mental health in general…It’s almost like we’re dealing with the pandemic of COVID-19, and on top of that, we’re dealing with a pandemic of racism. And both of them feel like they have us in a chokehold, unable to breathe,” says Anderson, who founded Brave Souls on Fire, a spoken word group that works to combat the stigma surrounding mental illness.

Now, more than ever, Anderson wishes that Charlottesville had a black mental health center, which could provide a “safe and liberating space to process racial trauma” for all black residents. She is also disappointed in local politicians and organizations that have released statements in support of the Black Lives Matter movement, but have done little to reach out to the black community, and haven’t provided any type of free mental health care.

For Katrina Turner, a member of the initial Police Civilian Review Board, the trauma is personal. In 2016, her son, Timothy Porter, called 911, claiming his girlfriend attacked him. The officers “chose to arrest him,” Turner says. “While he was handcuffed, they threw him against the wall. One of the cops threw a set of keys, hitting him in the back of the head. When they took him to their car, they threw him up against the front [and side] of the car…I witnessed it all.”

Turner and her family filed a complaint against the officers, but she says nothing was done. (Police spokesman Tyler Hawn says the department completed an internal affairs investigation, but cannot release the results publicly.) Since then, Turner has continued to pursue the complaint while publicly taking a stand against police brutality in Charlottesville, and now says her “mental health” is “through the roof.”

“Something needs to be done,” she says. “It shouldn’t have taken us to witness that murder on TV for all of this to happen.”

While it’s not easy, Eboni Bugg, a licensed clinical social worker practicing in the Charlottesville area, encourages all black people to “rest and breathe,” and take the necessary steps to protect their mental health during this time.

Prayer or meditation are helpful rituals to have, as well as a healthy sleeping and eating schedule, says Bugg, who serves on the steering committee for the Central Virginia Clinicians of Color Network. It’s also important to take time off of social media, do activities you enjoy, and intentionally connect with family and friends.

Bugg encourages adults of color in need of professional help to call CVCCN’s free non-crisis emotional support line (218-0440), which is available every Wednesday evening. Clinicians provide callers with immediate, short-term assistance, including resources and referral services.

In addition, The Women’s Initiative’s Sister Circle program offers free mental health care and support groups for black women.

“[I] just let myself feel whatever that feeling is, and don’t have any guilt about it,” says Anderson, when asked how she’s taking care of herself. “If I’m upset, I’m going to be upset. If I’m sad, I’m going to be sad. And I’m going to allow myself the space to work through that, whatever that looks like.”


 Statement from CPD Chief RaShall Brackney:

It is unfortunate as the nation is on the cusp of bringing about transformational reforms in policing policies and practices, there is a local attempt to divert attention to a case that has been investigated, and reviewed by Internal Affairs, multiple City Mangers, and Chiefs of Police.

On June 17, 2016, Mr. Timothy Porter pled guilty to an assault and battery. Mr. Porter’s guilty plea stemmed from the events Ms. Turner references in her statement to the C’Ville Weekly.  It is also factually inaccurate, as Mr. Porters’ intake picture and subsequent arrests for violating protective orders depicts that he was “ bleeding and all scratched up.”

During my two-year tenure as the Chief of Police, the Charlottesville Police Department has fully embraced the pillars of 21st Century Policing, in an attempt to undue the legacy of institutional practices that were established by predecessors. We will continue to work collaboratively with this community to reimagine the role of policing as we strive towards “Service Beyond the Call.”

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(Don’t) take a seat: Downtown Mall still lacks public benches

Last year, the Seattle Department of Transportation installed 18 new bike racks on a stretch of pavement underneath Highway 99. However, the racks were not meant to provide more resources for cyclists—but to prevent the homeless people who had been camping there from coming back.

Seattle is just one of many cities known to use hostile, or “defensive,” architecture to deter “unwanted behavior,” such as loitering or sleeping in public spaces. Curved and slanted benches, street spikes and dividers, boulders and spikes under bridges, and benches with armrests—among other examples—have been spotted and posted on social media in cities across the country.

While city governments claim that such architecture is needed to maintain order and public safety, critics say it unfairly targets the homeless, preventing them from having places to rest.

In Charlottesville, this debate has lasted for years, specifically surrounding public seating on the Downtown Mall. In 2012, the North Downtown Residents Association released a report (endorsed by downtown businesses) claiming that the increasing amount of panhandlers and loiterers on the mall “yelling obscenities, verbally assaulting passersby, fighting, and engaging in other disturbing behavior” made mall employees and patrons feel unsafe and uncomfortable, The Daily Progress reported. The report recommended, among other things, that sitting and lying down be banned on the mall.

The same year, the city removed the fountain-side chairs in Central Place near Second Street, and replaced the seating in front of City Hall with backless benches, in an effort to prevent “disorderly conduct” on the mall. 

However, no bans on sitting or lying down were passed, and, as of today, “individuals who are residentially challenged or unsheltered” on the mall are not breaking the law, but “can be arrested for trespassing…if [they] are blocking entryways to businesses, or for aggressive soliciting, just to name a few examples,” says Charlottesville Police Department Public Information Officer Tyler Hawn.

Controversy arose again in 2016 when the Charlottesville Board of Architectural Review unanimously denied the Parks & Recreation Department’s request to replace all of the mall’s wooden chairs with backless metal benches to discourage loitering. BAR members believed the benches would be uncomfortable, and they’d prevent those who did not want—or have the means—to spend money at a business from fully enjoying the mall, dishonoring architect Lawrence Halprin’s intentions and design (which included 150 public chairs).

The city has since listened to mall patrons’ complaints that the backless benches in front of City Hall were not “human-friendly,” replacing them with the originally designed wooden chairs, says city Communications Director Brian Wheeler. But it has not added any more public seating to the mall, which, according to Wheeler, currently has 37 wooden chairs 

Stephen Hitchcock, executive director of The Haven, says the issue doesn’t feel as loaded as it did a few years ago.

“Obviously, you’re going to have people who have pretty strong opinions about folks who are holding signs on the mall, or asking for money, or sitting in front of the landmarks,” says Hitchcock. “But, I feel slightly encouraged, at least in contrast with what I hear happening around the country [with hostile architecture]…something that I feel is really important about the Downtown Mall is that it is one of the only places where the city sees itself, across race, class, gender, sexual orientation, you name it.” 

However, on January 4, Charlottesville resident and activist Matthew Gillikin revived the discussion surrounding mall seating on Twitter, pointing out the very few public chairs available, compared to the hundreds of private chairs owned by restaurants and cafés.

In response, someone else listed the fees the city charges each downtown business with outdoor seating: $125 annually, plus $5 per square foot—revenue generated from what is ostensibly public space.

The Center of Developing Entrepreneurs, currently under construction on the west end of the mall, could add more public space–plans call for an exterior courtyard and outdoor amphitheater for public and private events.

According to Wheeler, if the community wanted to add more wooden chairs to the mall, or even “a different type of bench that was much longer, [that] you could lay down on,” the proposal would have to approved by the BAR. 

The city would also have to allocate a significant amount of funding for the seating, says Wheeler. He estimates the wooden chairs on the mall cost $1,200 to $1,500 each, and says they are expensive to maintain.

And while the city wants to be “good stewards of the mall…the number one architectural change we can make for our homeless population is to give them an affordable home and economic opportunities,” says Wheeler. “We want to get people out of homelessness.”

 

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Renters beware: Local property owners caught in the middle of Craigslist scams

Prospective renters using Craigslist to find temporary housing in Charlottesville have recently been the victims of scammers, paying thousands of dollars in rent up front before showing up on the doorstep of bewildered homeowners who already rented out their space.

Janice Kavanagh is a Charlottesville real estate agent who rents out the front half of her house, as well as her mother’s cottage next door, through Airbnb. But over the past year, scammers have grabbed photos of her property from Airbnb and posted them on Craigslist, advertising her property as available for rent. Since the start of June, she’s had five different people pull up to check out the house, some expecting to move in that day.

“I feel like I [can only] bang my head against the wall because no one really cares,” Kavanagh says. “Craigslist is too big to care, and the police have probably bigger fish to fry. And quite honestly, I am not a victim of anything, but the people are who are…trying to rent out my properties.”

When these scammers are contacted about a listing, they send the interested renter a photo of a driver’s license in order to “prove” their identity. They tell the victim they can’t go inside the house because other renters are currently staying there, then negotiate a monthly rate and ask for a certain amount to be paid up front by depositing it directly into a bank account.

As a real estate agent, Kavanagh has seen homes she’s listed for sale pop up on Craigslist as available for rent for years. Those houses always had “For Sale” signs out front, so interested renters who stopped by would call her asking whether or not the property was actually available to renters. While she was able to help those people avoid being scammed, Kavanagh has no idea how many victims never called.

Kavanagh has posted a warning on Craigslist with pictures of her cottage to inform prospective renters. But it’s not just her home that’s been exploited. One of her friends who also rents out her home had an older couple show up at her door who needed to stay in Charlottesville until December for chemotherapy treatments at the UVA Medical Center. They’d already paid several thousand dollars for the three months’ rent.

In an email to a woman from Virginia Beach who tried to rent Kavanagh’s property, one scammer impersonating a property manager at Perfect Home Letting—which doesn’t exist—wrote, “You’re getting things wrong. You can walk through or drive by the apartment to see the neighborhood and surroundings. There was an agreement between me and the current tenants that there won’t be any form of disturbance while they are in the apartment. This is legitimate. Not one of those scams on craigslist. Attached is a copy of my drivers license.”

The scammer also grew frustrated at the woman’s request to speak on the phone about the cottage. Sensing something was off about the property manager, she decided to stop by the property anyway. It was there she met Kavanagh, who has since gone to the Charlottesville Police Department to report the series of incidents.

“CPD has been made aware of this incident and it is under investigation,” Public Information Officer Tyler Hawn wrote in a statement. “CPD recommends Craigslist customers review advertisements thoroughly and take steps to contact the advertiser and verify the name of the company to ensure the listing is real.”

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The gunfire next door: Police response uneven in Fifeville neighborhood

In the early morning hours of February 10, Julie Bargmann woke up to the sound of gunshots. She laid still.

“Unfortunately, I’ve gotten kind of used to it,” says the Fifeville resident who’s lived on Sixth Street Southwest for four years. Over the last two, there have been multiple shootings and other incidents that drew a massive police response.

Every time it happens, she says, “I hunker down low and I stay in my bed.”

Police presence in the immediate area of Sixth, 6 ½, and Dice streets, in the neighborhood across Cherry Avenue from Tonsler Park, seems to be all or nothing. While community members say they don’t usually see any cops patrolling, when law enforcement does respond to the area, it’s quite a show—multiple squad cars line the narrow, one-way roads and driveways, and at times that’s been accompanied by a heavily militarized SWAT team that has terrified residents.

Bargmann and other neighbors say they’re aware that the Charlottesville Police Department is currently understaffed, and they’re sympathetic to its officers, who are currently down 18 co-workers, according to police spokesperson Tyler Hawn. But residents say a regular patrol is necessary in a neighborhood that has seen drug dealing and gunfire—and that a steadier police presence would make those SWAT raids unnecessary.

On this particular February morning, Bargmann waited until she saw the red and blue lights reflected onto her bedroom walls, then watched as the apparently naked victim of the shooting was hauled off in an ambulance.

Back in 2017, she’d witnessed a SWAT raid at the same house. An officer in military-style gear popped out of the top of a BearCat, a tank-like armored vehicle. He scanned the area with his gun drawn as other cops climbed a ladder leading to a window above the front door, bashed it in, and hurled a flash grenade through it, she recalls. 

“And then I saw Sam, my neighbor, being taken away in handcuffs,” she says. Court records show that Sam Henderson, who owns the house, was arrested November 16, 2017, for possession of a controlled substance and found guilty seven months later.

But she and other neighbors still see him come and go, and they’re wondering why police don’t shut down this known “drug abode”—or the other known drug operation in the immediate area. “You’d think it would be a pretty high priority,” she says.

At Henderson’s house on a recent Thursday morning, the front door is cracked open and there appears to be a bullet hole in a window next to the door. No one answers when this reporter knocks multiple times, nor did Henderson respond to a note left by the ashtray on his porch.

Police spokesperson Hawn didn’t respond to an inquiry about Henderson or the house, but says the department “actively patrols and engages the members of the Fifeville neighborhood on a continual basis.”

Edward Thomas, a longtime Fifeville resident with properties on Sixth and 6 ½ streets, says many residents are wary of talking to police, but he and Bargmann met with an officer in December to air their concerns after their houses were paintballed. He was left “flabbergasted” when the cop suggested they start a community watch.

“Community watch programs can be a resource multiplier and a system of support for the community and the CPD,” says Hawn.

Says Thomas, “I remember saying, half joking, ‘This week it’s paintballs, next week it’s going to be real bullets.’ Well, sure enough.”

About a week later, on December 29, Thomas woke up to the sound of gunshots on 6 ½ Street. Six days after that, around 6am, neighbor Stephanie Bottoms says Charlottesville police deployed another SWAT team to arrest the culprit.

As she watched from a window, she counted 30 officers, approximately 20 of whom carried what appeared to be automatic weapons. They broke down the front door of the house in the 300 block of 6 ½ Street. With two BearCats surrounding the home, they also busted through second-floor windows on its front and back sides, she says.

That day, Ernest Anderson was arrested and charged with shooting in a public place, a misdemeanor, and felony possession of a firearm by a convicted felon.

“Thank God they got the guy that shot up the neighborhood,” says Thomas, because that isn’t always the case. After the February 10 shooting, police say a gunman in a black ski mask got away.

Matt Simon, who lives on Dice Street where it intersects Sixth, recalls hearing “a ton of gunshots” back in December 2016, when two people were injured by gunfire. Two weeks later, he pulled a record out of the bin he keeps in his living room and found it broken. He realized one of the bullets had barreled through six of his discs.

“I think we warrant a patrol car coming through every now and again,” says Simon, who says things haven’t improved.

“Nothing happens until it gets really bad, and then all of a sudden, it’s like a war zone here,” says Thomas. “It’s the scariest it’s ever been.”

He says he saw a kid shot to death several years ago, which was undoubtedly frightening, but now with the somewhat regular militarized SWAT response, “it’s like we’re scared of the police.”

This type of showing from the cops “makes the neighborhood even less desirable and scares people away from buying and potentially leasing the vacant property,” Thomas adds. Three people interviewed for this story mention neighbors who have moved or started renting their properties because they don’t feel safe.

“There is definitely an overuse of SWAT teams and military vehicles [in town],” says local attorney Jeff Fogel, who’s been known to criticize the cops. “They are incredibly intimidating, not only to the occupants of the house being attacked, but the neighborhood as well. I suspect they are used for that very purpose.”

Says Hawn, “The Charlottesville Police Department takes concerns about safety in the Fifeville neighborhood and throughout the city seriously. While we understand the presence of a SWAT or tactical team may feel overwhelming, we are committed to providing a safe response to incidents for our officers, the public, and any persons involved.”

The city’s general upkeep of the neighborhood also leaves much to be desired, Thomas notes. On any given day, neighboring lots are overgrown, and beer bottles and other trash can be found strewn across the lawn of the historic Benjamin Tonsler House, which was built in 1879 for Tonsler, a prominent African American teacher and principal in town. His friend Booker T. Washington once stayed there, according to the city’s website.

There have also been cables lying on the ground since a storm last spring, complemented by a nearly-collapsed telephone poll in front of Thomas’ house. He says some crime in his area could be attributed to the broken windows theory, which suggests visible signs of disorder and crime can lead to more of it.

“I used to worry about the gentrification destroying the character of the neighborhood,” Thomas says. “Now, I kind of want the gentrification to happen, because I’d rather have gentrification than bullets and trash everywhere.”

 

Updated February 28 at 3:54pm with an addition comment from CPD spokesperson Tyler Hawn.