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News

Judge denies Cantwell jail release

Christopher Cantwell, who has been dubbed the “Crying Nazi” by critics of his teary Youtube video made after the August 12 alt-right rally and before he turned himself into police August 24, was denied bond today by a judge who cited a widely seen Vice interview that she said showed Cantwell’s approval of the violence that left local woman Heather Heyer dead.

Wearing a black-and-white jail jumpsuit, with his formerly shaved head sprouting patches of brown hair, Cantwell this morning secured a $25,000 bond for two felony counts of illegal use of tear gas and one felony count of malicious bodily injury by means of a caustic substance stemming from the August 11 tiki-torch rally of hundreds of white nationalists through UVA Grounds.

“A guilty man does not come back and turn himself in,” said his attorney, Elmer Woodard, of Pittsylvania County. “If he was a flight risk, he would have already flighted.”

But Commonwealth’s Attorney Robert Tracci, who appealed the decision today in Albemarle Circuit Court before Cantwell’s scheduled release at 4pm, said the alt-right radio show host is a threat to public safety.

He also cited Cantwell’s August 13 interview with Vice News, in which he said Heyer’s murder during the Unite the Right rally was more than justified.

Cantwell also interviewed with Vice News in McIntire Park August 11, the day of the tiki-torch rally. Staff photo

“We’ll fucking kill these people if we have to,” he told reporter Elle Reeve in that interview. When she asked about the next alt-right rally, he said, “It’s going to be really tough to top, but we’re up to the challenge. …I think a lot more people are going to die before we’re done, frankly.”

In circuit court, Cantwell’s mutton-chopped attorney Woodard described his client as a “shock jock,” who made statements about murdering people to the 1,000 or so people who listened to his Radical Agenda podcast without actually intending to kill anyone.

Cantwell said the shock on his show was “race related,” but that he “never advocated that people kill Jews or blacks.”

“Did you shoot, kill or maim anyone before you got out of Charlottesville?” asked Woodard of his client, who listed the four guns he brought with him to Virginia.

Ultimately it wasn’t Cantwell’s weaponry that made Judge Cheryl Higgins decide to deny bond. She said she considered the “characteristics of the person,” and the words he used that “show a certain level of approval of the violence” of the August 11-12 weekend.

She also noted his lack of community ties, despite an offer to live with a local person that Cantwell said he only knew through the Unite the Right rally.

Cantwell’s preliminary hearing is scheduled for November 9.

Also in court this morning was Richard Preston, the Baltimore man charged with firing his gun during the Unite the Right rally. He appeared via video call in Charlottesville General District Court, where he said his family is working to find an attorney to represent him, and he has no other ties to the city.

Also this morning, about 20 people charged with obstructing justice or obstructing free passage during the July 8 Ku Klux Klan rally in Justice Park were scheduled to appear in the same courtroom. All but one case was continued.

Thomas Freeman, a 52 year old Twin Oaks resident, pleaded guilty for locking arms with other protesters in front of the entrance to Justice Park.

“We wanted to make it known that we, citizens of the city, did not want the KKK in the park,” he tearfully told the judge, who imposed a $100 fine, or offered a punishment of 10 days of community service instead.

“We applaud and admire a citizen who stands by his or her principles in a manner such as exhibited today,” Commonwealth’s Attorney Dave Chapman said in a statement. His office will continue to offer defendants of the free passage cases, “in which the citizen willingly submitted to his or her arrest and cooperated with the arrest process,” the opportunity to complete 10 days of community service and have their cases dismissed.

Outside the courthouse, Freeman said he grew up in the ‘70s and remembered his parents driving him over the James River Bridge from Hampton to Smithfield, so he wouldn’t have to swim with kids with different skin tones.

“I feel guilty,” he said. “I am ashamed. …As a white man, I think it’s my job to stand up and say no, you’re not going to do that anymore.”

Freeman had a message to those who look different than him. “We’re with you. We have your back. We’re not going to allow people who look like me to beat on you.”

—With additional reporting by Lisa Provence

Updated at 8:06pm with the results of Cantwell’s bond hearing.

Updated September 1 at 10am with comments from Commonwealth’s Attorney Dave Chapman.

Categories
News

‘Repairing and rebuilding:’ UVA takes back its grounds

The Lawn was illuminated in soft white candlelight last night as thousands of community members retraced the steps of the August 11 white nationalist tiki torch march from the University of Virginia’s Nameless Field to the Rotunda. Their message was of love and peace, and taking back what belongs to them.

“I think it’s important after what happened,” says UVA fourth-year nursing student Talia Sion. “It’s a message of positivity, light and hope. We love Charlottesville, we love our community and we’re reclaiming our Grounds.”

Sion wasn’t in town for the alt-right’s August 12 Unite the Right rally, but she says she was “horrified” as she watched the violent scenes playing out in her college town in the national spotlight. “It’ll definitely affect our community, but as students, we take it and it makes us stronger. We grow from it.”

Sion, a Jewish student, marched with third-year Truman Brody-Boyd, who also practices Judaism.

Brody-Boyd, who usually wears a kippah, says he helped facilitate first-year orientation this summer, and no more than three weeks ago, he recalls telling a group of incoming students how welcoming the Charlottesville community is.

“I’ve never felt uncomfortable,” he says. “I’ve never felt unsafe. To see all of that come crashing down last weekend was an incredible wakeup call.”

Watching from Williamsburg as the “terrifying” events unfolded last weekend, Brody-Boyd says he felt “powerless” and marching the same steps hate took less than a week ago was the first step of “repairing and rebuilding.”

He’s been in town since Monday, but says he planned to move into his Jewish fraternity house last Sunday until the national chapter of Alpha Epsilon Pi decided to close it for the weekend. Yesterday morning, he says his fraternity brothers met with a security advisor who showed them which windows and doors to reinforce.

“It made me feel more confident, but it’s sad that it needs to occur,” he says. “I feel safe and secure again.”

On the backside of the Rotunda, people sang, “lean on me when you’re not strong, and I’ll be your friend,” while some continued to march around to the front, where hundreds of white nationalists surrounded and beat down approximately two dozen protesters who linked arms around the Thomas Jefferson statue last Friday.

Last night’s marchers placed their dripping candles at the foot of the statue, where a poster featuring Tyler Magill—the Alderman Library employee who feared for the students’ safety and joined them and suffered a stroke August 15—sat among the flames.

Only one word was written on the sign. “Resist.”

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News

United we stand: Charlottesville says no to hate

It was the day that kept getting worse. The weekend from hell. Like many of you, C-VILLE Weekly is still processing Saturday’s violation from ill-intentioned visitors with antiquated notions who now believe it’s okay to say in broad daylight what they’ve only uttered in the nether regions of the internet.

The Unite the Right rally left three people dead and countless injured, both physically and psychologically. We, too, share the sorrow, despair and disgust from being slimed by hate.

But here’s one thing we know: Despite the murder, the assaults and the terror inflicted upon this community, Charlottesville said no to hate. And the world, it turns out, has our back.

We sent six reporters and two photographers out to document the August 12 rally at Emancipation Park, the community events taking place around it and the weekend of infamy. Here’s a timeline of what we saw and what we felt. Because this? This is our town.

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News

Stand up: Heather Heyer’s legacy lives on

Droves of community members clothed in shades of purple poured into the Paramount Theater August 16 to remember Heather Heyer, a local activist and paralegal who lost her life to what some have called an act of domestic terror the weekend before.

“They tried to kill my child to shut her up. Well, guess what. You just magnified her,” said her mother, Susan Bro. The crowd of hundreds erupted in applause and sharp whistles as nearly every person stood in support.

Heather was killed August 12 when a participant of the alt-right’s infamous Unite the Right rally plowed into a crowd of peacefully protesting pedestrians on the Downtown Mall with his Dodge Challenger.

“I’d rather have my child, but by golly, if I have to give her up, we’re going to make it count,” Bro said and encouraged those in attendance to notice the injustices going on around them and stand up for those who need it, just like Heyer always did.

Heather Heyer’s grandfather, Elwood Shrader, addresses hundreds of people at her memorial. Staff photo

Also among the list of speakers were her grandfather, Elwood Shrader, her father, Mark Heyer, her pastor, cousins, friends and co-workers.

All spoke about how the fiery 32-year-old was filled with love and passion, but never backed down from an argument.

“She wanted to put down hate. …She could tell if somebody wasn’t being straight and she’d call you on it,” her father said.

“It didn’t matter who you were or where you were from, if she loved you, that was it,” he added. “You were stuck.”

Diana Ratcliffe remembered Heyer’s infections smile and eyes that glittered. She read a letter she wrote to her “baby cousin” in the aftermath. “Did I tell you that you come from a long line of stubborn and passionate women?” she said. “Your patience was heroic,” and she, too,  said Heyer never gave up on people.

Her coworkers echoed the same sentiments, and said Heyer treated her clients at the Miller Law Group—many of whom have shared their condolences—with the utmost care.

“She cared about everyone she spoke to,” said Alfred Wilson, her supervisor, and she always stood her ground. He remembered a time the two were leaving the office one evening and her boyfriend was outside waiting for her. “You didn’t tell me you worked for a black man,” her boyfriend said. Heyer, unsurprisingly, broke things off after that.

“Everyone who knows her knows that she cursed like a sailor sometimes,” said co-worker and close friend Freda Khateeb-Wilson, and the audience laughed while she recounted Heyer’s everyday battles with the office printer.

Governor Terry McAuliffe and Senator Tim Kaine sat in the front row next to Heyer’s family. Both were quick to give their condolences and denounce the white nationalist rally that thrust Charlottesville into the national spotlight and brought the community face to face with hate.

Marcus Martin, left, pushed finace Marissa Blair out of the way of the car that killed Heyer. Andrew Shurtleff/Daily Progress

“Maybe if you didn’t stand up, or if you didn’t talk so loudly, or if you weren’t so bold, they wouldn’t have heard you and you’d still be here,” Khateeb-Wilson said. “Thank you for making the word hate real, but thank you for making the word love stronger.”

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News

Unite the Right rally turns violent, three die

A 32-year-old woman died following today’s long-anticipated white nationalist assembly in Emancipation Park, and two Virginia State Police pilots perished in a crash late in the afternoon near the Bellair neighborhood.

The Unite the Right rally erupted in violence and was shut down before it ever began when city and county leaders declared a local state of emergency around 11:30am. Police deemed it an unlawful assembly shortly thereafter.

A silver car plowed through a large group of counterprotesters on Fourth Street around 1:30pm, leaving one person dead and 19 injured. According to eyewitness and Charlottesville resident Nic McCarthy, the car hit about a dozen people and backed over at least one before speeding off. It was later found at Monticello Road and Blenheim Avenue.

Police arrested Ohio resident James Alex Field, 20, from Ohio, who was charged with one count of second degree murder,  three counts of malicious wounding and one count of hit and run attended failure to stop with injury.

City officials said nearly 1,000 police officers would be on the scene, yet when fights erupted between alt-righters and antifas outside Emancipation Park—rally organizer Jason Kessler had a judge issue an injunction to keep the city from moving the event the day before—police were not immediately spotted.

Pepper spray, tear gas and bottles of urine were tossed between the two sides an hour before the noon rally was to begin. Around 11:39am, police called the event an unlawful assembly and ordered the park, filled with hundreds of alt-righters, cleared into the surrounding streets filled with counterprotesters.

UVA alum and Unite the Right headliner Richard Spencer pushed up against a line of riot police who were trying to clear the park and was maced twice.

Richard Spencer describes his ordeal of being maced twice by police to supporters at McIntire Park. Staff photo

“I cannot express my absolute outrage at the governor of Virginia and Mayor Mike Signer,” said Spencer around 1:40pm when his followers regrouped at McIntire Park. He said it was the first time he felt like his government was cracking down on him.

“As I was coming in, these antifa assaulted us,” said Spencer. He complained that Charlottesville police would not let him go past barriers, behind which was the stage platform. “We have a permit,” he said.

Virginia State Police in riot gear lined up against the remaining alt-whites still in the park. “They looked like stormtroopers,” said Spencer. “They were in effect pushing us out of Lee Park toward the Communists.”

After crowds dispersed from Emancipation, counterprotesters followed a group of alt-righters up the street to the Market Street Parking Garage where the latter group had vans waiting to take them to McIntire Park to continue their celebration of Western heritage.

Here, police did not intervene as the groups of enemies brawled and an elderly white-rights supporter was knocked to the ground and beaten with what appeared to be a wooden stick. Barricades were dismantled and used as weapons during the melee.

After a fight in the parking garage, a Black Lives Matter supporter emerged with a face full of blood and lay on the porch in front of NBC29 until medics arrived.

Many of those who came from out of town left McIntire Park after hearing Spencer, former KKK head David Duke and Mike Enoch, founder of alt-right media hub the Right Stuff, speak.

Shortly before 5pm, a Virginia State Police helicopter crashed in the woods near Old Farm Road. Lieutenant H. Jay Cullen, 48, of Midlothian, and Trooper-Pilot Berke M.M. Bates, who would have turned 41 August 13, of Quinton, died at the scene.

At 6pm, Governor Terry McAuliffe and city officials held a press conference. McAuliffe sent a message to the “white supremacists and Nazis who came into Charlottesville today: Go home. You are not wanted in this great commonwealth.”

The night before, the white nationalists held a tiki-torch march through the grounds of UVA, where Kessler is also an alum. Fights broke out with a small group of counterprotesters surrounding, but no one was seriously injured.

This is a developing story and reports of disruptions continue.

Updated August 13.

 

Categories
News

Police expect thousands, closed streets downtown August 12

At a press conference today, Charlottesville police Captain Victor Mitchell estimated there would be between 2,000 and 6,000 people here on Saturday and said many downtown streets and sidewalks will be closed for the upcoming Unite the Right rally

Mitchell is incident commander for both McIntire Park, where the city wishes Jason Kessler would take his white nationalist assembly, and Emancipation Park, where Kessler has vowed he will hold his protest, with the ACLU of Virginia and the Rutherford Institute supporting his right to be there,

“We are prepared for multiple possibilities and the Charlottesville Police Department, with assistance from the Virginia State Police, has plans in place to protect citizens in both parks,” says Mitchell.

Police will be present at McIntire, should someone decide to protest or counter-protest there. The entrance to the park from the U.S. 250 Bypass will be closed, and Kessler’s people can park at McIntire, while counter-protesters must park at Charlottesville High, says Mitchell.

But the real action will be downtown, Mitchell acknowledged. “There will be a number of road and sidewalk closures,” he says. “We anticipate large crowds downtown that will necessitate road closures around Emancipation Park.”

Albemarle and University police will handle the city’s 911 calls, and he advised citizens not to be surprised when an officer shows up not wearing the city uniform.

City police have been in touch with many law enforcement agencies, says Mitchell, but the details he released were few.

When asked how police would keep the alt-whites and antifas apart, replies Mitchell, “The best we can.”

He answered a question about whether the city had put police in a difficult position when it said would grant Kessler’s permit if he moved to McIntire Park: “It would be beneficial to us if Mr. Kessler would move. We are in a difficult spot.”

There are no restrictions on weapons at Emancipation, the park formerly known as Lee, but he cautioned those who might be coming to Charlottesville with violent intentions that there would be consequences.

Green indicates road open, blue and red mean no go.

 

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News

Unite the Right counter events, businesses closing/staying open

“If equality and diversity aren’t for you, then neither are we,” say signs popping up on the Downtown Mall ahead of Saturday’s Unite the Right rally, which several groups have predicted could be the largest gathering of white supremacists in recent history.

The rainbow-colored signs conclude with, “We are open in protest of the recent demonstrations of hate,” and have been spotted in the windows of The Whiskey Jar, Mudhouse Coffee Roasters and Commonwealth Restaurant & Skybar.

Cinema Taco, a Downtown Mall restaurant from which Unite the Right rally organizer Jason Kessler is banned, is sporting a homemade sign on its door that declares it a safe space, and says, “If you are victimized, please come inside! We will call the authorities for you!”

Most downtown businesses are open August 12, and the following have added notice about where they stand on the influx of the alt-white. Below is a list of places that have stated they will be closed, counter events and event date changes for Saturday, August 12.

Open with protest signage

Commonwealth Restaurant & Skybar

Mudhouse

Whiskey Jar

Cinema Taco

Keevil & Keevil Grocery and Kitchen (and they’ve announced the launch of a new breakfast menu Saturday, called Two Fingers to Hate. Details here.)

The Ante Room

Bluegrass Grill & Bakery: (From Facebook: “We will be open at our regular times but we want to take a moment to remind people about a few things. The Bluegrass family is comprised of people of color, immigrants, women, queer folk, and individuals with disabilities. And that’s just our staff. Our extended family and patrons come from all sorts of experiences. We love each and every one of them very much. We will stand behind them when their safety is compromised and this weekend is no exception. The Bluegrass Grill is all about the brunch experience and that experience does not include hate. All are welcome to come and eat, but if you bring hateful language or bigoted paraphernalia into the restaurant, you will be asked to leave as is our right to refuse service to anyone for any reason. It is also your right to carry a firearm with proper permits. However, if you are armed this weekend, we will turn you away unless you are law enforcement personnel. We hope you all have a just and safe weekend. Stay tuned for Facebook updates in case of early closings.”)

Junction and The Local will be open and a portion of all checks will be donated to the Charlottesville NAACP.

Charlottesville City Market

Change in hours

ACAC Downtown is closing at noon on Saturday.

Paradox Pastry: Open 7am-1pm

Mas (a post on Facebook states: “Out of an abundance of caution, we have adjusted our schedule on Th-Fri-Sat to close earlier at midnight. We have also added security for staff and guests, to assure no shenanigans. May we endure these trials and come out stronger. Let the intemperate flames of hatred temper our souls and make us kinder.”)

Closed

Bodo’s: Their Preston Avenue location will be closed Saturday. A sign in the window reads: “We are concerned about the safety of our staff and our customers. We are very sorry that such a precaution has become necessary.”)

Live Arts

Jack Brown’s Beer and Burger Joint

Brazos Tacos

Central Library

McGuffey Art Center

Market Street Market (closed after noon)

Hill and Wood

Court Square Tavern

Baggby’s Gourmet Sandwiches

Blue Ridge Country Store

Derriere de Soie

Grit Coffee Bar & Cafe

Hallmark

Marco & Luca

Miso Sweet

Petit Pois

Rock Paper Scissors

The Juice Place

The Nook

The Paramount

The Spot

Virginia National Bank

Yves Delorme

Zocalo

Discovery Museum

Orzo Kitchen & Wine Bar

Guadalajara

The Salad Maker

South Street Brewery

Mono Loco

The Soap Box

Bend Yoga is moving its Friday kids’ class to the Northside Library at 3:30pm. The studio will be closed Saturday.

 

Date changes

Broadway at the Paramount, scheduled for Saturday, has moved to 8pm Friday

Unite the Pride Flashmob for Equality, scheduled for Saturday on the Downtown Mall, has moved to 6pm Sunday

Counter events: Thursday, August 10

Prayer service

  • 7pm
  • Westminster Presbyterian Church
  • 400 Rugby Rd.

History of Race and Ethnicity in Charlottesville

  • 7pm
  • Congregation Beth Israel
  • 301 E. Jefferson St.

Friday, August 11

Congregate C’ville mass prayer meeting

  • with Dr. Cornel West and the Reverend Traci Blackmon
  • 8pm
  • St. Paul’s Memorial Church
  • 1700 University Ave.

Saturday, August 12

Sunrise service with Dr. Cornel West

  • 6am
  • First Baptist Church
  • 632 W. Main St.

Peoples Action for Racial Justice (PARJ)

  • Hosted by Together Cville and Center for Peace and Justice
  • 9am-7pm
  • McGuffey Park and Justice Park
  • Teach-ins, and speakers, prayer and meditations, music and art, and an opportunity for respite from direct actions taking place around Emancipation Park

Advocacy training with the Albemarle-Charlottesville NAACP

  • 11am-2pm
  • Burley Middle School
  • 901 Rose Hill Dr.

Art In Action

  • 11am-7pm, Champion Brewery
  • Artists and musicians are encouraged to sing, dance, sculpt, rap, etc. Co-hosted by Black Lives Matter Charlottesville.

Safe space

  • 11am-6pm
  • First United Methodist Church at 101 E. Jefferson St.
  • Church will serve as a safe space for those who need it.

Festival of Idiots

  • Noon-3pm
  • Emancipation Park
  • Dress like a clown or bring a tuba

Sacred Songs and Rough Music: A Charivari Against Facism

  • Noon-6pm
  • Emancipation Park
  • A charivari is a noisy, discordance mock-serenade. People will bring pots and pans, kazoos, whistles, bells, drums, etc., and sing bawdy lyrics. They’ll be on the perimeter of the Unite the Right rally.

Amplify Unity

  • Noon-6pm
  • Jefferson School City Center
  • Various programming, co-sponsored by Charlottesville Clergy Collective includes:
  • Noon-1: meditation
  • 1-2: yoga
  • 2-3: envisioning peace
  • 3-4: peace dancing
  • 4-5: 5 Rhythms Dance

Day-long reflective conversation

  • University of Virginia
  • Faculty and staff will facilitate discussions on constitutional rights and citizenship; community dynamics and polarization; local history; and more, focused on the theme of peaceable democracy.

We will continue to update this story as we receive more information.

Clarification August 11 that most businesses are open in the downtown area.

Categories
Opinion

Dispatches from the University of Virginia….

By Bonnie Gordon

It’s getting really noisy here.  In a few days local and national news cameras will capture pictures of a large Unite the Right rally in Charlottesville. Right-wing spokesmen say they demonstrate against a City Council vote to move two statues of confederate generals. But really, the demonstration will transform generalized white resentment into a live operatic display of misogyny, racism, white supremacy and fantasies of world domination.  Local and national groups will resist, bear witness and protest. Officials predict crowds in the thousands on both sides, and they warn of a credible threat of violence.

We don’t need to wait for people to get hurt and arrested to think, reflect and act. The demonstrators coming here want to deny the rights that diversity policies of every public institution in this town are designed to protect and that so many mandatory trainings supposedly ensure. Virginia takes great pride in our place as one of the cradles of democracy.  We also take pride in our public universities, and especially this one.  We at UVA are a natural flashpoint for responding to such expressed malice and we have often found ourselves as the center of a media firestorm. It sometimes feels like the big news outlets have reserved hotel rooms here as they wait for the next eruption. The only option for an institution of higher learning is to fight back, not just on August 12, but every day.

The University of Virginia president distributed a mass email on Friday, August 4, that urged students, faculty and staff avoid the August 12 rally for their own safety. She wrote that “to approach the rally and confront the activists would only satisfy their craving for spectacle. They believe that your counter-protest helps their cause.”  The email goes on to say, “The organizers of this rally want confrontation; do not gratify their desire.”  This will help to cover the university should violence erupt, but it does not speak to our function in society.

Her job may mandate this message.  But the rest of us, especially tenured faculty, do not have that mandate. We can no more tell students, faculty and colleagues what to do on August 12 then we can tell them whom to vote for. But we do have a pedagogical imperative to help them make ethical choices. Some people may feel compelled to direct action against these threats. Some feel morally—or religiously—obliged to bear witness to the hate. Some will feel that to go about their usual business and ignore the hate will constitute resistance. For many at the university that business is, in fact, working on long standing issues of racial injustice in the community. Moreover, for many in this community, as on other college campuses, the simple act of walking down the street the weekend of August 12 will not be safe.

If university community members have convictions driving them to appear and stand against hate, we should applaud, support and stand with them. And university faculty should do everything in our power to help them make educated choices. We could, for example, follow the lead of local clergy leaders who told their readership, “We do NOT recommend that you be in Emancipation Park on August 12 unless you have received training in non-violent, direct action.”

Herein lies a teachable moment about the complexities and challenges of the Constitution’s First Amendment. With freedom of speech comes the responsibility of speech, and those of us who are educators, especially tenured educators, have an obligation to speak out against hate and falsehoods. The University of Virginia will, as it should, go to great lengths to defend reprehensible content. But those who protest the alt-right also deserve to have their speech protected.  

Much of this coming weekend will be about history, and we should not, while working to educate and inform, forget the university’s own history.  The University of Virginia granted degrees to Richard Spencer and Jason Kessler (music and English, and psychology, respectively), the men behind this particular gathering of haters. We also should remember that UVA was built by enslaved labor and that it had deep links to the KKK and eugenics.

UVA is not alone here; most universities have ties to very ugly pasts. It’s much harder, but just as vital, to think about hidden complicity, collusion and promotion of ideas that go against purported ideals of the institution. It’s even harder to acknowledge and think about the racial injustice that existed before, and will exist after, the famous activists from all sides of the war have come and gone.

On Sunday, August 13, we will still live in a town where African-American students are six times more likely to be suspended. We will still teach at a university where many minority students do not feel safe on our campus. We will still have a lot of noise to make.

Bonnie Gordon is an associate professor in the McIntire Department of Music at UVA.

Categories
News

Decision at high noon

The Rutherford Institute and the ACLU of Virginia have given the city of Charlottesville until 12pm today to respond to their letter demanding city leaders allow Jason Kessler to hold his August 12 Unite the Right rally in Emancipation Park.

When city manager Maurice Jones announced August 7 that he approved Kessler’s event permit, but only if he holds it in McIntire Park, the white rights advocate and organizer of the rally threatened a lawsuit, said his freedom of speech was infringed and announced that the show would go on at Emancipation instead of McIntire park.

The Rutherford Institute and the ACLU had his back.

In a joint letter addressed to Jones and all five city councilors, the free speech defenders gave five reasons why Kessler should be able to hold his rally in its original location.

“Opposition can be no basis for government action that would suppress the First Amendment rights of demonstrators, no matter how distasteful those views may be,” the letter says, and adds that a last-minute relocation doesn’t give the demonstrators enough time to effectively plan for the move.

And because the city’s main reason for moving the rally to McIntire Park was to accommodate large crowds, the Rutherford Institute and ACLU say the city must provide evidence to support its attendance estimate. City leaders have forecast that “many thousands” will descend on Charlottesville this Saturday, while Kessler’s permit is for only 400 demonstrators.

“If the city is justifying its relocation of the rally elsewhere based on the presence of counter demonstrators, that constitutes an unconstitutional ‘heckler’s’ veto,’” the letter says, and makes its final point that those governing Charlottesville must act in accordance with the law, no matter how reprehensible that may be to members of the community.

Both organizations have a long history of supporting groups with unpopular speech.

Rutherford Institute founder John Whitehead coached Margie Phelps of the Westboro Baptist Church, best known for showing up at the funerals of American soldiers with signs saying, “God hates fags,” ahead of the 2011 Supreme Court decision that public hate speech can’t be the basis of liability for a tort of emotional distress, even if it’s offensive.

And the ACLU represented Ku Klux Klan member Barry Black, who was arrested after burning a cross on a private citizen’s Carroll County farm in 1999. The case also made its way to the Supreme Court, which ruled in April 2003 that cross-burning, when not used as a direct threat, is protected by the Constitution.

Correction 2:49pm: There are five members of City Council.

Categories
News

In brief: Beary confused visitor, the kost of the KKK, gross algae and more

Was the four-legged visitor weeks early for its move-in date? Community members took to social media to share photos of a black bear flouncing around UVA Grounds August 1. A state wildlife biologist tranquilized it outside the Children’s Hospital, loaded it into a truck, and, after the drug wore off overnight, dropped it off on national forest property west of Harrisonburg

It gets worse

Rick Wellbeloved-Stone. Courtesy CPD
Rick Wellbeloved-Stone. Courtesy Charlottesville Police Department

CHS teacher Rick Wellbeloved-Stone, who was charged with one count of child porn possession July 27, was charged with 19 counts of child porn production and one count of aggravated sexual battery August 4. He was placed on leave and remains in Albemarle-Charlottesville Regional Jail.

Daycare distress

Classroom ratios and failure to supervise children are noted issues at Kiddie Academy, an Albemarle daycare that has racked up more than 40 violations since January 2016. It was placed on a provisional license last month and the state Department of Social Services says it has until January to prove it can comply with regulations, or it could lose its license, according to the Newsplex.

Motorcycle fatality

Twenty-two-year old Jordan Marcale Cassell died traveling west on Garth Road August 5 when his Honda bike struck a 2013 Honda Fit driven by an 87-year-old turning left onto Garth from Free Union Road, closing down both roads for three and a half hours. Cassell, a grad of Staunton’s Robert E. Lee High, is the 10th fatality in Albemarle this year. Police say no charges are pending.

Algae yucks up lake

The Virginia Department of Health continues to advise people and their pets to steer clear of Chris Greene Lake because of a harmful blue-green algae bloom that may cause rashes and other illnesses.


Teresa Sullivan. Photo: Ashley Twiggs
Teresa Sullivan. Photo: Ashley Twiggs

Quote of the week: “There is a credible risk of violence at this event, and your safety is my foremost concern. Moreover, to approach the rally and confront the activists would only satisfy their craving for spectacle. “—UVA President Teresa Sullivan on the August 12 Unite the Right rally.


The cost of a KKK visit

The July 8 Loyal White Knights of the KKK demonstration racked up a hefty bill for the city, with neighboring
Albemarle police chipping in 52 officers at a cost of $14,045. Here’s a breakdown of some of the city’s $32,835 in expenses, which don’t include the Albemarle County Sheriff’s Office bill for $2,467.

The Virginia State Police won’t provide its manpower costs unless we cough up $300, and it won’t release the number
of officers it sent due to tactical and safety reasons. Its
spokeswoman does say that many state police were scheduled in advance of the Klan fest as part of their 40-hour week to minimize overtime. She says the helicopter that buzzed over Justice Park costs $615 an hour to operate and ran for 3.6 hours for a total of $2,214.

So far, it all adds up to more than $51,565.

At a price

City salaries $23,352

Includes city police, fire, deputies and ECC, with CPD racking up $16,299 in overtime.

Incidentals

Flex cuffs $660

Cutters for flex cuffs $40

Trailer hitch to pull riot gear $731

Gatorade $90

Lunches $2,423

More Gatorade, water, protein bars, sunscreen $466

Gas masks $277

Taser battery packs $45

Non-lethal equipment $2,237

 

Rally together

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