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In brief: Turkey time, planner peace out, and more

Turkey time

Community is hard to come by these days, especially as we’re all hunkering down for a long winter indoors. But at the Jefferson School on Saturday, the community put on an impressive show. During the annual We Code, Too turkey drive, 200 birds were handed out to those in need ahead of the holiday. Some of the turkeys were contributed by retailers, and many more were purchased using money from individual donations. Cars snaked through the parking lot, as recipients remained socially distant during distribution. It’s the seventh year in a row that the drive has taken place, proving that even in difficult times, some things remain constant.

Planner says peace out 

Charlottesville city government’s staffing woes continue. On November 4, the city announced that Parag Agrawal had been hired as the Director of Neighborhood Development Services. Agrawal even made an introductory appearance at a press conference the next day. But less than two weeks later, Agrawal is gone, after announcing last week that he’s taken a job as the planning director in Prince William County instead. There’s been a lot of turnover at City Hall recently, but this is a new record.

Looking on the bright side, at least the city won’t have to pay Agrawal a severance package. Mike Murphy got nine months of additional pay after spending a year as interim city manager, and former city manager Tarron Richardson got a $205,000 lump sum after less than a year and a half at the helm. Maybe it would’ve been in Agrawal’s best interest to stick around for another week or two—who knows what he might have walked away with.

After 16 months on the job, former city manager Tarron Richardson walked away with $205,000 in severance pay. PC: Eze Amos

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Quote of the week

Quite honestly, I just don’t have the time to address every crazy thing she says. It would be a full-time job.

Virginia Senate Republican Mark Obenshain, when asked to respond to Republican gubernatorial candidate Amanda Chase’s latest remarks

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In brief

White House bound?

After just two years as UVA president, Jim Ryan may be moving on to the White House—at least, if Nicholas Kristof has his way. The New York Times columnist floated Ryan as a secretary of education pick for Joe Biden’s cabinet last week, praising his “strong moral compass” and more than a decade of experience in higher education. Ryan was “flattered” by the mention, but said, “My focus has been and will continue to be leading the University of Virginia.”

Durty deal

You can get anything on Craigslist—even a much-loved Charlottesville bar. Durty Nelly’s Pub is for sale, and last week the whole shebang was briefly posted on the online classified board with a price tag of $75,000. Durty Nelly’s is still open and doesn’t plan on closing, but the post suggested that the owner is looking to move on.

Pass it around

After Governor Ralph Northam’s recent announcement that he would support marijuana legalization in next year’s General Assembly session, State Delegate Lee Carter proposed that money generated from pot sales be spent on reparations for Black and Indigenous Virginians. It’s “a moral commitment our history demands of us and a necessary first step in Virginia,” Carter wrote in a press release.

Bottom lines up

It’ll come as no surprise that one business in particular is thriving during the pandemic: Virginia ABC stores have reported record sales through the last few months, turning in $22 million more in revenue in October 2020 than during October 2019. Usually, restaurants make up roughly 20 percent of the ABC stores’ businesses, but the liquor shops are having no trouble making ends meet even with that flow interrupted.

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Coronavirus News

In brief: Win for workers, dorm drama, and more

Shielding up

While many businesses have been forced to close due to the coronavirus, grocery stores are busier than ever—and their employees have had to continue showing up for work, potentially putting themselves at risk. On March 31, some Whole Foods workers stayed home in a nationwide “sick out” to protest a lack of protections, and call for benefits like paid leave and hazard pay.

In response, the company has made some changes, but conditions for both employees and shoppers still vary widely among grocery chains. We checked in over the weekend to see how Charlottesville’s stores stack up.

Plexiglass shields have been installed in front of the registers at most stores (Wegmans and Reid Super-Save Market say they are coming soon).

Cashiers wear masks and gloves at Whole Foods, while those at Trader Joe’s, the Barracks Road Kroger, and Reid’s currently wear only gloves. Employees at Wegmans and the Food Lion on Pantops have neither.

Social distancing markers have been installed to keep customers six feet apart in check-out lines in all stores, and most cashiers wipe down registers between transactions.

Of the places we visited, Trader Joe’s seemed to be taking the most stringent precautions, limiting customers to 20 at a time in the store. Employees wearing face masks and gloves sanitize each cart before handing it off to a customer, and cashiers have no physical contact with customers.

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For the record

As the virus has shuttered the economy, a record-breaking number of Americans and Virginians have filed unemployment claims. For one on-the-nose example of how bad things have gotten, head to the Virginia Employment Commission’s website—or don’t, because it has shut down, overwhelmed by the amount of new traffic. 

Number of unemployment claims last week nationwide: 6.6 million

Number of unemployment claims last week in Virginia: 112,497 

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Quote of the Week

“Voters should not be forced to choose between exercising their Constitutional rights and preserving their own health and that of their community.”

­—Allison Robbins, president of the Voter Registrars Association of Virginia, in a letter urging the state to cancel in-person voting in favor of mail-in ballots for upcoming elections

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In Brief

Better late than never?

UVA announced on Monday that it will create a $2 million emergency fund for contract employees laid off during the university’s closure. The decision comes after student activists circulated a petition demanding action and C-VILLE Weekly published a cover story about workers laid off by Aramark, UVA’s dining services contractor. The article prompted two GoFundMe campaigns, which raised a combined $71,000 for the employees in a matter of days. UVA is also donating $1 million to the Charlottesville Area Community Foundation.

Booze news

The Virginia Alcoholic Beverage Control Authority has begun allowing Virginia-based distilleries to deliver their products directly to customers. The state claims the new rule is aimed at helping distilleries maintain some income during the current economic freeze. While the policy will surely help the distilleries, it’ll likely be even more beneficial for the thousands of Virginians currently trapped inside with their families.

Spring (break) into action

This week would have been spring break for Charlottesville City Schools, so the district didn’t plan to offer grab-and-go breakfast and lunch for its neediest students. But City Schoolyard Garden and The Chris Long Foundation have picked up the slack by partnering with local restaurants Pearl Island and Mochiko Cville to provide 4,000 meals throughout the week.

Moving out
UVA will clear out three student residential buildings to make space for temporary housing for health care workers, the university announced this week. Students who left belongings when they were told not to return to school will have their things shipped and stored off-site by UVA. Students objected to the plan because anyone who wants to retrieve items before the end of the Virginia-wide state of emergency will be charged up to $100.

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News

In brief: Red Hen ruckus, ‘white civil rights’ rally, Republican dropout and more

Red Hen refusal ignites firestorm

When two former C-VILLE Weekly writers opened the Red Hen in Lexington in 2009, they loved everything about the Rockbridge County college town—except its lack of a farm-to-table eatery. Since then, the restaurant has become a renowned fine dining option, and that could be why White House press secretary Sarah Huckabee Sanders and her party of eight came to dine June 22.

Stephanie Wilkinson Facebook

Owner and UVA alum Stephanie Wilkinson, who used to write about literary happenings for C-VILLE and later was publisher of Brain, Child magazine, asked Sanders to leave because of her work for “an inhumane and unethical” administration, Wilkinson told the Washington Post. [Co-founder John Blackburn is no longer an owner of the restaurant.]

Sanders confirmed on Twitter she’d been 86ed, the second Trump administration official to not be welcomed into a dining establishment in a week, although Homeland Security Secretary Kirstjen Nielsen, another UVA alum, left a D.C. Mexican restaurant because of protesters chanting, “Shame.”

Outrage—and appreciation—over Wilkinson’s action ensued, and other unaffiliated Red Hens around the country received death threats.

By Saturday night, the Red Hen did not open because of safety concerns, according to [former C-VILLE Weekly editor] Hawes Spencer’s report on NPR. Its Yelp page is going through active cleanup because of non-food-related comments, says the site.

And by June 25, POTUS himself tweeted, “The Red Hen Restaurant should focus more on cleaning its filthy canopies, doors and windows (badly needs a paint job) rather than refusing to serve a fine person like Sarah Huckabee Sanders.”

Trump administration employees are not alone in being unwelcome at a dining establishment. Local “white civil rights” agitator Jason Kessler reportedly was banned for life from Miller’s last year when protesters shouting “Nazi go home” became bad for business.


“An all-too-familiar story in my timeline. A beautiful woman’s life cut short by a violent relationship. The only twist today is it’s my child on the other side of the gun. My son is the perpetrator. The very thing I advocate against has been committed by someone I once carried inside me.”—Trina Murphy, advocate for Help Save the Next Girl


In brief

Xavier Grant Murphy Charlottesville police

Another Murphy tragedy

Xavier Grant Murphy, 23, son of domestic violence advocate Trina Murphy and cousin of murdered Nelson teen Alexis Murphy, is charged with second-degree murder in the June 22 slaying of Tatiana Wells, 21, at the Days Inn.

GOP resignation

Richard Allan Fox, co-owner of Roslyn Farm and Vineyard, resigned from his seat on the Albemarle County Republican Committee, because he says he can’t support U.S. Senate candidate Corey Stewart, who has not denounced Unite the Right rally participants, and who has said the Civil War was not about slavery.

ABC settles with Johnson

Martese Johnson, the 20-year-old UVA student whose encounter with Virginia ABC agents during St. Patrick’s Day revelries on the Corner in 2015 left him bloodied and under arrest, reached a $249,950 settlement with the agency June 20. Johnson, now 24, heads to University of Michigan Law School in the fall.

Cantwell calls CPD

On the same night that seven activists were arrested on Market Street for protesting the conviction of August 12 flamethrower Corey Long, “Crying Nazi” Chris Cantwell called the police department to commend it, chat about the rioting “communists” and suggest they be put through a woodchipper. He was recording as a female CPD employee said, “That’s awesome. Thanks for your support.” According to a city press release, the incident is being investigated.

Access denied

Community activists, some reportedly wearing Black Lives Matter shirts, were shut out of a meet-and-greet at the Paramount Theater with new Charlottesville Police Chief RaShall Brackney, who was welcomed on the theater’s marquee. Paramount spokesperson Maran Garland says it was a private, invitation-only event hosted by the Charlottesville Police Foundation.

I-64 stabber gets life

Rodney Demon Burnett was convicted of aggravated malicious wounding for the July 11, 2017, attack of a woman driver on I-64. When she stopped the car, he continued knifing her in the neck, pushed her out of the car and sped away, leaving her with life-threatening and permanent injuries. A jury imposed a maximum life sentence, $100,000 fine and seven years for other related charges.

Drafted by whom?

photo Matt Riley

Former UVA basketball guard Devon Hall is chosen by the Oklahoma City Thunder in the second round as the No. 53 pick.


Whites-righter seeks permit

Speaking of Kessler, the Unite the Right organizer is looking for a place to hold an anniversary rally August 11 and 12. City Manager Maurice Jones denied his application for a permit December 11, and Kessler filed a civil lawsuit against the city and Jones, alleging the denial unconstitutionally was based on the content of his speech.

On June 22, his attorneys filed a motion for a preliminary injunction to force the city to allow his two-day event and to provide security for demonstrators and the public.

According to a memo filed with the motion, Kessler contends counterprotesters were responsible for the violence. “Counterprotester misconduct constitutes a heckler’s veto and cannot be used as a justification to shut down Mr. Kessler’s speech by the city,” says the memo.

Kessler sued last year when the city tried to move his white nationalist rally from Emancipation Park to McIntire, and a judge sided with him in an August 11 decision that was made about the same time neo-Nazis were marching through UVA Grounds shouting, “Jews will not replace us.”

At press time, a hearing for the injunction had not been scheduled.

Many of those who attended the rally last year have said they will not return for a redo, but Kessler is asking those who want to come to be prepared to go to either Charlottesville or Washington.

His application for a “white civil rights rally” in Lafayette Square has received preliminary approval from the National Park Service, but a permit has not been issued.

kessler prelim injunction memo 6-22-18

kessler motion prelim injunction 6-22-18

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News

In brief: Dog lives matter, steakhouse speculation and more

Totally cleared

Robert Davis is ready to "thrive and flourish" as a free man with his felony record expunged. Photo Ryan JonesRobert Davis, 32, spent 13 years in prison for a Crozet double slaying after making what experts call a textbook false confession. He was released a year ago on a conditional pardon and on December 16, the governor granted an absolute pardon, a rarity in Virginia. Read more.

Rumor of the week

Is Lampo opening a steakhouse in the downtown Bank of America building, where owner Hunter Craig has already confirmed a grilled meatery will be going? Lampo co-owner Loren Mendosa says, “That’s a popular rumor,” and declined to comment.

Last week’s rumor confirmed

Odds are pretty good that ice skating is not in the Main Street Arena’s future. Staff photo Quantitative Investment Management owner Jaffray Woodriff issued an official Payne Ross release acknowledging that an entity called Taliaferro Junction LLC is evaluating the Main Street Arena as a purchase for a 21st-century office building that will not house QIM.

Accounting for every penny

Charlottesville plans to award Belmont Bridge preliminary design and engineering to Kimley-Horn of Richmond, and negotiated the cost to $1,980,038.77, according to a release.

ABC not liable

A photo of Martese Johnson on the night of his bloody arrest went viral. Photo by Bryan Beaubrun
Photo by Bryan Beaubrun

A judge dropped the Virginia Alcoholic Beverage Control and Agent John Cielakie from Martese Johnson’s $3 million lawsuit stemming from his bloody 2015 arrest after he showed his real ID at Trinity Irish Pub and was turned away.

No more No. 15

UVA basketball star Malcolm Brogdon’s jersey is headed for the display cases and his number has been retired, making him the eighth Hoo to receive this honor. Brogdon is now a rookie for the Milwaukee Bucks.

Sad tidings

Christopher Spears, 22, of Waynesboro died in a single-car crash around 4am December 16 on U.S. 250 in Crozet in Albemarle’s sixth fatal crash this year.

Candy land

UVA-gingerbread_0020
Photo Tom McGovern

From the initial blueprint to the cardboard model to the actual cookie construction, UVA Dining’s executive pastry chef Janice Benjamin takes building gingerbread houses to a new level. This year, she based her annual holiday work of art, which currently sits in the main lobby of the UVA Children’s Hospital, on everyone’s favorite movie of the season: Elf.

On the house: 304.5 hours of labor | 98 pieces of gingerbread |
60 pounds of royal icing | 6 pounds of cherry Twizzlers used on
the Empire State Building | 6 different kinds of licorice | 2 12-volt rechargeable wheelchair batteries to power the skating rink

Accused cat killer granted stay

Niko gets a stay of execution. Courtesy Prayers for Niko
Courtesy Pray for Niko

An Albemarle County pit bull named Niko, on doggie death row for allegedly attacking and killing a neighbor’s cat in 2014, has been granted a stay until January 18, when his owner will appeal Judge Cheryl Higgins’ order to execute him.

What was scheduled as Toni Stacy’s last visit with her pup at the Charlottesville Albemarle SPCA on December 18 turned into a protest attended by many sign-waving dog-lovers and an eventual celebration when Stacy received the news later that day.

The case has also attracted the attention of Against All Oddz Animal Alliance Inc., a Buffalo, New York, rescue organization that has offered to take Niko into its care. It is undecided whether the group will be allowed to gain custody of him.

Prayers for Niko/Niko Strong, a Facebook page for the pit’s supporters, has nearly 4,000 members. Kristy Hoover, a friend of Niko’s owners, created the group last October. “He’s just a typical dog,” she says. “He’s not vicious in any form.”

Stacy maintains that Niko did not attack the cat he’s charged with killing, but she posted on Facebook that “it’s all in God’s hands now.”

Quote of the week

It was such an amazing relief to have gotten the news and it was so favorable. It’s been a long, long journey. Attorney Steve Rosenfield upon hearing Governor Terry McAuliffe had granted Robert Davis an absolute pardon.

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News

ABC eyes Escafé—again

Earlier this year, the Virginia Department of Alcoholic Beverage Control suspended popular watering hole Escafé’s license to sell mixed drinks for the seemingly oxymoronic problem of selling too much booze. In Virginia, where bars are prohibited by Prohibition-era regulations, licensees have to have 45 percent of their sales in food, and if customers prefer drinking over dining, well, that’s just too bad and restaurants face prohibitive fines.

Ask Escafé owner Todd Howard, who couldn’t sell mixed drinks for 15 days in February and had to pony up a $1,000 fine as well, reduced from what was originally a 30-day suspension and $2,500 fine. That was for 2014-2015, and when he filed his receipts for 2015-2016 in March, he found himself in the same boat.

“It’s difficult to be in this business in this town with the ratio the way it is,” he says.

A bill that would lower the food ratio to 25 percent of sales was introduced in the General Assembly this year by Virginia Beach Republican Delegate Scott Taylor, but it was carried over to 2017.

Restaurateurs have long complained about the state’s ABC regulations that seem written by Carrie Nation, with moral disapproval of drinking in general and bars in particular.

Howard had an administrative hearing with the ABC August 22, and he’s awaiting the ruling.

“The only thing that keeps me holding on is hope they change the ratio,” he says. “It would be a shame to have a law-abiding and code-abiding licensee to go by the wayside if the code changes.”

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Glass half-full: ABC suspends Escafé license for two weeks; beer and wine available

Escafé owner Todd Howard knew he was in trouble with the Virginia Department of Alcoholic Beverage Control, which requires at least 45 percent of his sales be in food. Unfortunately for Howard, Escafé is popular in Charlottesville as a bar, and last week he learned the penalty: For 15 days, he can’t sell cocktails, and he has to pay the ABC a $1,000 fine.

It could have been worse.

Originally he was looking at a 60-day suspension that was reduced to a still-devastating 30-day suspension if he paid a $2,500 fine. Howard appealed to the ABC Board in January and told it the impact such a penalty would have on his business.

The board considers statements from the licensee about why he disagrees with the initial decision, and when determining penalties, takes into account the licensee’s history, as well as penalty guidelines, says ABC spokesperson Kathleen Shaw in an e-mail.

Howard calls the board’s decision “quite generous, quite thoughtful.”

Escafé’s predicament is an example of how Virginia grapples in the 21st century with Prohibition-era regulations that don’t allow bars. “Obviously there are some flaws in the code,” says Howard. “Reform is necessary for two reasons.”

Since Virginia last amended its food/alcohol ratio in 1980, there are a lot more restaurants and choices, and Charlottesville is a very competitive market, says Howard. “It’s hard to make that ratio,” he says, with so many places selling food.

And for those who fear the presence of bars in the commonwealth, says Howard, “The news is that we already have them based on the choice of the public, and I think that’s appropriate.” He objects to the definition of a bar that’s from the temperance era. “We’re not a roadhouse. We’re a very clean operation. And you can’t justify calling a bar a nuisance just because it doesn’t sell enough food.”

A bill in the General Assembly attempts to reduce the food/alcohol ratio to 25 percent of sales. That bill, HB219, made it past its first hurdle, the subcommittee, before the General Laws committee continued it to 2017 on February 11.

When customers at Escafé have asked why they can’t get a cocktail during the ban, Howard explains Virginia’s food-alcohol ratio, and he says they respond, “In 2016? Really?”

Howard can still sell wine and beer, and he hopes customers will be in the mood for bubbly over the Valentine’s Day weekend. Escafé will be serving mixed drinks again February 23.

 

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The ratio: ABC regs threaten Escafé

Escafé is a popular place to get a drink, a place a group of people out on the town might choose for a nightcap later in the evening. “It’s an end-up place,” says owner Todd Howard. And that has the restaurant in trouble with the Virginia Department of Alcoholic Beverage Control.

That’s because to get a license to sell mixed drinks in Virginia, a restaurant must have no more than 55 percent of its sales from booze and at least 45 percent from food. Restaurants can sell all the beer and wine they want because those alcoholic beverages don’t figure into the ratio.

As for bars, forget about it. Virginia has been steadfastly anti-saloon since, well, Prohibition. It wasn’t legal to order a mixed drink in the state until 1968.

“By definition, you can’t have bars in the commonwealth,” says Howard. “You have to fight very hard to get those food dollars anyway you can.” At the same time, restaurant owners don’t want to overprice their food or underprice drinks. Some, says Howard, go so far as to manipulate their sales numbers to comply with the ratio.

Because Escafé did not meet the food minimum last year, it’s facing a 30-day suspension of its license and a $2,500 fine. “You can imagine what it would do,” says Howard. “I don’t know how patient my creditors would be. And coming up with $2,500 would be tough.”

A bill in the General Assembly could save establishments like Escafé or The Box, the popular watering hole on Second Street Southeast that closed in 2014 because its alcohol sales were too high. Delegate Scott Taylor’s HB219 would reduce the food ratio to 25 percent. The Virginia Beach Republican has called the ratio “antiquated” and “anti-competitive.”

Yet as common sense as the bill might sound to those not from the teetotaling Bible Belt, House Minority Leader David Toscano says, “I doubt this will pass.”

Nor does he think Virginia is moving toward allowing bars. “I think that decision was made a long time ago. I think people like the idea that if you go somewhere and have a drink, there should be some element of food available.”

He says the rationale behind not having bars is there’s less “disorder” than what’s found in other states.

However, Toscano says, “I’m sad Escafé is being threatened with that suspension. I will look into that.”

Restaurants can’t force their customers to order eats with their drinks, says Howard. When the Supreme Court ruled on gay marriage June 26, people flocked to Escafé. “Where else are you going to celebrate but at the gay bar?” asks Howard. “It’s not like I can say, ‘I hope you’ll buy food.’ That night was an incredible bar-heavy night that sort of blew my ratio that month.”

Rapture owner Mike Rodi sees HB219  as part of an overall attempt to put Virginia’s alcohol laws into something “resembling, not the 21st century, but the second half to the 20th century. The laws are rooted in Prohibition values. I do think it needs an overhaul.”

Rodi says he has no problem meeting the ratio, but he understands the problem it presents for some restaurant owners. “How do you force someone to eat or say, ‘I can’t sell you a drink because it will put me over my ratio?’”

Rapture had its own skirmish with the ABC in 2014 when an agent cited it with “ceases to qualify as a restaurant.” Rodi says he doesn’t know where that came from because even if the dining room is closed, food is still available. He had to pay $500, and sees such enforcement as “a way to harass businesses.”

He notes the investment he’s made in a quality kitchen staff, equipment and ingredients. “It’s insulting for the ABC to come in and say, ‘You’re not a restaurant,’” he says. “Why? Because my hood isn’t working one day?”

Rodi thinks the entire ABC regulation book needs an overhaul. He points to a law that regulates “how much of a nipple can be exposed.” Says Rodi, “Obviously the code is caught up in moral issues. There are safety issues, there are business issues. Let’s get down to what are actual issues instead of weird moral issues from the 1930s.”

Howard finds it ironic that the ABC boasted record profits in 2015—and yet wants to penalize a business that sells too much alcohol. The food/alcohol ratio was last changed in 1980. “The 35-year marker is important to note,” he says. “Many things have changed since then in public attitudes and social attitudes.”

Howard recounts what one person said when he described his current travails with the ABC: “You tell that board Governor McAuliffe is pro-business and Virginia is pro-business. Suspending your license is anti-business.”

On January 12, Howard appealed the suspension to the ABC Board, which has 30 days to decide what to do.

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‘Brutally assaulted’: Martese Johnson sues ABC for $3 million

Lawyers for fourth-year UVA student Martese Johnson, whose bloody arrest splashed across national media in March, filed suit for $3 million against the Virginia Department of Alcoholic Beverage Control, an agency that’s no stranger to being sued by UVA students in high-profile cases.

Named in the suit along with the agency are the three agents who arrested Johnson early March 18, Jared Miller, Thomas Custer and John Cielakie, and ABC Director Shawn Walker.

The issue, says C-VILLE legal expert David Heilberg, is how sovereign immunity, which typically protects law enforcement, will be applied in the case. Johnson will have to prove “intentional misconduct or malice or grossly negligent conduct,” says Heilberg.

The complaint, filed in federal court October 20 in Charlottesville, claims Johnson’s civil rights were violated when the agents “brutally assaulted, seized, arrested and jailed Martese without probable cause and in violation of the United States Constitution” when they believed he presented a fake ID to get into Trinity’s Irish Pub on the Corner.

The driver’s license of Johnson, then 20, was valid, but when Trinity owner Kevin Badke asked for the ZIP code, Johnson gave the wrong number and was not allowed entry. ABC agents, on the lookout for underage UVA students boozing it up on St. Patrick’s Day, were on the Corner that night and Miller spotted the exchange.

Johnson claims in the suit that without identifying himself as law enforcement, Special Agent Miller grabbed his arm.

Startled from being accosted from behind by someone he did not know, according to the suit, Johnson pulled his arm away and tried to continue walking. Miller grabbed his arm again and demanded to see the alleged fake ID while “aggressively twisting [Johnson’s] arm behind his back, still not identifying himself as an officer,” says the suit, which alleges Miller escalated the encounter and used unnecessary force.

Custer then grabbed Johnson’s left arm, preventing him from producing his ID, and “all of a sudden, and without provocation, Custer and Miller slammed Martese into the brick walkway, face first, causing Martese to suffer a severe laceration to his forehead and scalp,” says the lawsuit. Johnson had 10 stitches before he was arrested, and the bloody incident left him “permanently disfigured,” according to the suit, and unable to grow hair on his scalp where there is scar tissue.

The suit notes that Johnson did not receive Miranda instructions that anything he said could be used against him, and claims that his charge of public intoxication was based on illegally obtained statements. That charge, along with obstruction of justice, were dropped in June when Charlottesville Commonwealth’s Attorney Dave Chapman declined to pursue charges against Johnson or the agents following a Virginia State Police investigation.

Director Walker is accused of a “systemic” failure to train ABC agents after the April 2013 incident when plainclothes agents, including Cielakie, suspected that UVA student Elizabeth Daly’s sparkling water was beer and swarmed her car in the dark Harris Teeter parking lot. A terrified Daly fled, with an agent banging on her car windows with a flashlight and another pulling a gun.

She was arrested and her charges were later dropped. Daly sued the agency for $40 million, and settled the case for $212,500.

Walker, says the suit, had knowledge of the “widespread practice of ABC officers’ use of unreasonable, disproportionate and wrongful force and tactics in approaching suspects believed to have committed minor infractions or regulatory offenses.”

And that’s the point a judge will have to decide, says Heilberg: whether the agency was performing a “proprietary” function as a business that sells alcohol or were its agents performing as law enforcement with sovereign immunity.

“It’s an uphill battle when police officers have immunity,” says Heilberg. But he also points out that Williams Mullen, the law firm representing Johnson, “is a reputable firm that would have researched sovereign immunity.” Manatt, Phelps & Phillips out of D.C. is also representing Johnson.

Heilberg says in the Daly case, there was some indication the ABC agents were “grossly negligent.”

He also says that what a plaintiff sues for is irrelevant, that it’s the damages that count. Daly, while traumatized, was not physically injured. “Martese had physical injuries,” says Heilberg.

And if Johnson was drinking that night while underage, a crime in Virginia, “That’s a defense consideration,” says Heilberg.

The Virginia ABC declined to comment, and has three weeks to respond to the complaint.