State News
Advocates frustrated by Democratic leadership on police reform
RICHMOND, Va. — Virginia has made headlines in recent months for criminal justice reform measures, but advocates say more needs to be done. They are disappointed lawmakers in both chambers of the General Assembly recently killed proposals to reduce qualified immunity protections for police officers.
State lawmakers so far this session have advanced bills to legalize marijuana, remove mandatory minimum sentences and abolish the death penalty. During the special session called last year, the General Assembly banned police from using no-knock search warrants and chokeholds.
Qualified immunity shields government officials from civil liability while performing duties in their line of work as long as their actions don’t violate “clearly established statutory or constitutional rights of which a reasonable person would have known,” according to a Congressional Research Service report.
House Bill 2045, introduced by Del. Jeff Bourne, D-Richmond, would have given citizens the power to pursue damages in state civil lawsuits where their rights were violated by a law enforcement officer. The bill also placed a cap on an individual officer’s liability. Bourne’s proposal was tabled 6-2 in the House Courts of Justice subcommittee.
Senate Bill 1440, sponsored by Sen. Scott Surovell, D-Fairfax, was a narrower proposal that provided a path for lawsuits when an officer used excessive or deadly force and neck restraints. The bill died in the Senate Judiciary Committee in a 9-5 vote.
Qualified immunity is a federal doctrine established by the Supreme Court in 1982. A state legislature can’t repeal qualified immunity, but proponents of ending the practice have asked local and state governments to create legislation allowing citizens more freedom in pursuing lawsuits against police misconduct.
During a subcommittee hearing, Bourne questioned opponents of his bill who he said to consider themselves to be proponents of constitutional rights and law and order.
“It seems when we’re talking about this, and when we’re talking about people getting hurt and their constitutional rights deprived by law enforcement officers,” Bourne said. “The story becomes different.”
Princess Blanding is a gubernatorial candidate who has advocated for criminal justice reform since the death of her brother, Marcus-David Peters. Peters was naked and unarmed when he was shot by a police officer on the side of a highway. Peters charged at the police officer who deployed his Taser and then shot Peters at least twice. Peters was experiencing a mental health crisis, according to his family.
Princess Blanding, sister of Marcus-David Peters, speaks to protesters outside the Stuart C. Siegel Center on the first day of the 2020 General Assembly special session. (Source: Andrew Ringle |Capital News Service)
Blanding said eliminating qualified immunity is a necessary step to end discrimination and achieve racial justice in the commonwealth.
“It’s like no matter what we do to prep our kids, our loved ones, it is still going to be our fate because of the pigmentation of our skin, coupled with the fact that there is no accountability,” Blanding said. “To me, that’s the harsh reality.”
Kalia Harris, co-host of the show Race Capitol and co-executive director of the Virginia Student Power Network, or VSPN, said she was “extremely disappointed” when a judge dismissed her organization’s lawsuit against local government and local and state police. VSPN said city leaders and law enforcement violated the group’s right to free speech, assembly, and protest. Last June, VSPN students hosted an overnight teach-in outside Richmond City Hall. After several hours, the Richmond Police Department declared the event an unlawful assembly and discharged teargas and rubber bullets at the protesters.
“That night is still on replay in my head,” Harris said during the House subcommittee meeting. “Words can’t explain the trauma that we experienced.”
Blanding said it’s difficult for victims of police brutality to get lawyers to take on a qualified immunity case due to the power of police unions and the relationship of prosecutors to officers.
Blanding also said if the number of positive interactions the public has with officers outweighs the instances of police misconduct, the few suits alleging misconduct should not have an issue proceeding to court. It is important to recognize that police misconduct causes irrefutable damage and changes families lives’ forever, Blanding said.
“What we have to understand is that, when you take somebody’s life, you can’t take out the magic eraser, and erase it and try it again,” Blanding said. “You cannot press restart.”
Harris said the ability to sue law enforcement agents for misconduct was the “bare minimum” of a judicial system that works for everyone.
“It doesn’t mean that they’re going to all be convicted,” she said. “It does mean that folks are able to see their day in court.”
Police officers do not qualify for qualified immunity if they can not demonstrate the actions that they took were reasonable, said Wayne Huggins, the executive director of the Virginia State Police Association. He said officers must prove they upheld the U.S. Constitution, the laws of the commonwealth, and the policies of their individual departments.
“The word that needs to be focused upon and understood is qualified,” Huggins said. “We have to qualify for that immunity.”
Officers can be denied qualified immunity if the Supreme Court or local federal appeals court finds another officer’s conduct under the same circumstances is illegal or unconstitutional, according to the Institute for Justice. The officer automatically qualifies for immunity if a case with the same circumstances does not exist.
Harris and Blanding said they hope to see legislation reducing qualified immunity protections introduced again. This is the second time that Bourne’s qualified immunity measure failed.
Harris said the “Democratic trifecta” means very little to her if Democrats don’t use their majority to pass progressive legislation that voters support. All 100 of Virginia’s House of Delegate seats are up for reelection in 2021. Harris said legislators unwilling to pass comprehensive police reform will face progressive challengers this June.
“If they’re not passing meaningful legislation, then we have to really push what it means to be blue, and start to think further outside the box,” Harris said.
By Josephine Walker
Capital News Service
Capital News Service is a program of Virginia Commonwealth University’s Robertson School of Media and Culture. Students in the program provide state government coverage for a variety of media outlets in Virginia.
Local News
VSP 4:30 pm update on traffic crashes and disabled vehicles
During the current winter storm impacting the Commonwealth, Virginia State Police troopers have responded to 369 traffic crashes and 282 disabled vehicles since 12:01 a.m. Sunday (Jan. 16) through 4:30 p.m. Sunday (Jan. 16). The majority of those crashes have involved only damage to vehicles. There have been no reported traffic fatalities during this time period.
Photo courtesy of Virginia State Police.
Since midnight on Sunday (Jan. 16), Virginia State Police have responded to:
Richmond Division: 28 Disabled Vehicles & 118 Traffic Crashes
At 1:40 p.m. Sunday, VSP narrowly escaped injury in Goochland County. The trooper was traveling east on I-64 when a vehicle tried to pass it. The vehicle lost control and struck the trooper’s patrol car at the 150-mile marker. No injuries were reported.
Culpeper Division: 37 Disabled Vehicles & 29 Traffic Crashes (Photo from Shenandoah County attached… crash with minor injuries.)
Appomattox Division: 41 Disabled Vehicles & 43 Traffic Crashes
Wytheville Division: 55 Disabled Vehicles & 59 Traffic Crashes
Chesapeake Division: 25 Disabled Vehicles & 26 Traffic Crashes
Salem Division: 60 Disabled Vehicles & 53 Traffic Crashes
At 3:25 p.m. Sunday, VSP responded to a multi-vehicle crash in Montgomery County. Four tractor-trailers and a pickup truck collided in the northbound lanes of Interstate 81 at the 127-mile marker. Two minor injuries were reported. The crash remains under investigation.
Fairfax Division: 36 Disabled Vehicles & 41 Traffic Crashes
As the storm continues to cross the state, Virginians are still advised to avoid travel Sunday and overnight into Monday, especially along the Interstate 81 corridor. Open highways allow VDOT crews to safely and effectively treat the roads.
If you MUST travel during the storm, please take these safety tips into consideration:
• Know Before You Go! Before heading out, check Virginia road conditions at www.511virginia.org or download the VDOT 511 app. Do not call 911 or #77 for road conditions. Please leave these emergency lines open for emergencies only.
• Clear ALL snow and ice from the roof, trunk, hood, and windows of your vehicle – car, SUV, minivan, pickup truck, commercial vehicle – before you travel.
• Use your headlights – in rain and snow. Virginia law requires headlights on when your wipers are active.
• Drive for conditions – slow your speed and increase your traveling distance between the vehicle ahead of you.
• Always buckle up.
• Avoid distractions – put down the phone.
• As the storm moves through the state, there will be an increased chance of encountering emergency vehicles assisting motorists. If it is safe to do so, carefully move over and give these responders plenty of room to safely work.
State News
Youngkin: Executive Order 2 – Reaffirming the rights of parents in the upbringing, education, and care of their children
On January 15, 2022, Governor Glenn Youngkin signed several Executive Orders. Here is the complete text of Executive Order Two.
By virtue of the authority vested in me as Governor, I hereby issue this Executive Order reaffirming the rights of parents in the upbringing, education, and care of their children.
Importance of the Issue
There is no greater priority than the health and welfare of Virginia’s children. Under Virginia law, parents, not the government, have the fundamental right to make decisions concerning the care of their children.
Recent government orders requiring virtually every child in Virginia to wear masks virtually every moment they are in school have proven ineffective and impractical. They have also failed to keep up with rapidly changing scientific information. For example, the August 12, 2021 Order of the State Health Commissioner explicitly relates to the Delta variant and not the Omicron variant, which results in less severe illness. The order states children under the age of 12 cannot obtain vaccines. Now children five and older are eligible.
The order also states vaccination rates for children that are now out of date. The order notes that “universal and correct mask use” helps reduce transmission. As parents and educators have observed, many children wear masks incorrectly, providing little or no health benefit. The masks worn by children are often ineffective because they are made from cloth material, and they are often not clean, resulting in the collection of impurities, including bacteria and parasites. Additionally, wearing masks for prolonged periods of time, such as for an entire school day, decreases their effectiveness. Masking may be more or less effective dependent on the age of the child.
At the same time that a universal masking requirement in schools has provided inconsistent health benefits, the universal requirement has also inflicted notable harm and proven to be Impracticable. Masks inhibit the ability of children to communicate, delay language development, and impede the growth of emotional and social skills. Some children report difficulty breathing and discomfort as a result of masks. Masks have also increased feelings of isolation, exacerbating mental health issues, which in many cases pose a greater health risk to children than COVID-19. Two years into the COVID-19 pandemic, mask mandates in schools have proved demoralizing to children facing these and other difficulties.
While the Center for Disease Control (CDC) recommends masks, its research has found no statistically significant link between mandatory masking for students and reduced transmission of COVID-19. And the CDC has acknowledged that certain masks may be ineffective due to the material from which they are made or how they are worn. A review of CDC, WHO, and other local and international health authorities’ recommendations reveal a lack of consensus on the costs and benefits of mask-wearing for children in school for many of the reasons noted above. In light of the variety of circumstances confronted by students in the Commonwealth, parents should have the ability to decide whether their child should wear masks for the duration of the school day. This approach is consistent with the broad rights of parents.
The Commonwealth recognizes in § 1-240.1 of the Code of Virginia, that “a parent has a fundamental right to make decisions concerning the upbringing, education, and care of the parent’s child.” Permitting parents to make decisions on where and when to wear masks permits the Commonwealth’s parents to make the best decision for the circumstances confronting each child. Parents can assess the risks and benefits facing their children, consult their medical providers, and make the best decision for their children based on the most up-to-date health information available.
While parents of some students with conditions that increase the risks of COVID-19 infection might require their children to remain masked during the duration of the school day, other parents may require masks for a more limited duration, if at all. Masks are not the only method to reduce transmission of COVID-19. Local schools must ensure they are improving inspection, testing, maintenance, repair, replacement, and upgrades of equipment to improve the indoor air quality in school facilities, including mechanical and nonmechanical heating, ventilation, and air conditioning systems, filtering, purification, fans, control systems and window, and door repair. Other mitigation efforts can be made in consultation with health authorities. The benefit of mitigation efforts must always be weighed against the cost to children’s overall wellbeing.
Directive
Therefore, by virtue of the authority vested in me as Governor by Article V of the Constitution of Virginia, by § 44-146.17 of the Code of Virginia, by any other applicable law, and by virtue of the
authority vested in the State Health Commissioner pursuant to §§ 32.1-13, 32.1-20, and 35.1-10 of the Code of Virginia, Executive Order Number Seventy-Nine (2021) is rescinded and the
following is ordered:
1. The State Health Commissioner shall terminate the Order of Public Health Emergency Order Ten (2021).
2. The parents of any child enrolled in an elementary or secondary school or school-based early childcare and educational program may elect for their children not to be subject to any mask mandate in effect at the child’s school or educational program.
3. No parent electing that a mask mandate should not apply to his or her child shall be required to provide a reason or make any certification concerning their child’s health or education.
4. A child whose parent has elected that he or she is not subject to a mask mandate should not be required to wear a mask under any policy implemented by a teacher, school, school district, the Department of Education, or any other state authority.
5. The Superintendent of Public Instruction shall rescind the Interim Guidance for COVID-19 Prevention in Virginia PreK-12 Schools, issued January 14, 2021, and updated October 14, 2021, and issue new guidance for COVID-19 Prevention consistent with this Order.
6. School districts should marshal any resources available to improve inspection, testing, maintenance, repair, replacement, and upgrades of equipment to improve the indoor air quality in school facilities, including mechanical and non-mechanical heating, ventilation, and air conditioning systems, filtering, purification, fans, control systems and window, and door repair.
Effective Date of this Executive Order
This Executive Order shall be effective 12:00 a.m., Monday, January 24, 2022, and shall remain in full force and effect until amended or rescinded by further executive order.
Given under my hand and under the Seal of the Commonwealth of Virginia this 15th day
of January 2022.
Glenn Youngkin, Governor
State News
Youngkin promotes unity, agenda at inauguration
RICHMOND, Va. — Republican Glenn Youngkin was sworn in Saturday as Virginia’s 74th governor on the steps of the state Capitol.
The political newcomer and former private equity executive is the commonwealth’s first Republican governor since Bob McDonnell’s 2009 victory.
The commonwealth also made history in electing Republicans Winsome Sears as lieutenant governor and Jason Miyares as attorney general. They are the first Black woman and Latino man to hold statewide office, respectively.
“The people of Virginia just elected the most diverse leadership in commonwealth history,” Youngkin said in his inauguration speech. “Sending a message that Virginia is big enough for the hopes and dreams of a diverse people.”
Sears emigrated from Kingston, Jamaica at 6 years old. She made history in 2001 as the first Black Republican woman to win a House seat, and she did so beating out a Democratic incumbent in a majority Black district.
“It actually encouraged me to do what I wanted to do,” said Jeanette Harris-Robinson, who is originally from Jamaica. She traveled from Florida to support Sears, who is her cousin.
“I was a little bit afraid of actually moving forward because I want to run for [office in] the city of Florida, for my city,” Harris-Robinson said. “Coming out here and seeing my cousin and looking at her — it just opened up a whole new world.”
The 30-degree weather didn’t impact turnout. Roughly 6,000 people were expected to attend, many of who dressed in their Sunday best to watch the inaugural ceremonies.
Dan and Debbie Robinson are small business owners who traveled to Richmond from Prince George’s County to show their support.
“It’s been an interesting couple of years for running a small business,” Dan Robinson said.
“It’s nice to be a part of history as well,” Debbie Robinson added.
The Robinsons own ByreBarn, an animal auction website. The couple said they look forward to seeing how the new administration changes agricultural regulations.
“The governor seems very positive in all he says,” Dan Robinson said. “Hopefully he can work with a lot of people.”
Youngkin will lead a divided government, with a slim majority of Republicans in the House of Delegates and Democrats narrowly in control of the Senate.
“My fellow Virginians, the spirit of Virginia is alive and well,” Youngkin said. “And together we will strengthen it.”
A parade with organizations ranging from law enforcement to STEM education was held after the inauguration ceremony. The Virginia Union University choir performed a song they wrote for Youngkin, which touched on the theme of Virginia united to “rebuild and reimagine” the state’s future.
“Together we’ll renew the promise of Virginia, so it will be the best place to live, work and raise a family,” he said.
Youngkin signed nine Executive Orders and two Executive Directives shortly after taking the oath, ranging from public health to withdrawing from the Regional Greenhouse Gas Initiative.
The first order prevents the use of “divisive concepts” in education, including critical race theory. Youngkin’s campaign centered on ending critical race theory in public education. The theory is not currently taught in K-12 public schools but became a contentious talking point during the gubernatorial race. There will be a review of all policies to identify and end “inherently divisive concepts.”
The second-order eliminates a mask mandate in schools. Youngkin also signed a directive eliminating the vaccine mandate for state employees. The moves were made a day after Virginia reported over 17,000 new cases of COVID-19. Richmond Public Schools Superintendent Jason Kamras stated shortly afterward on social media that the district would maintain its mask mandate.
The new governor has more plans in alignment with his campaign promises.
“It’s a new day in Virginia, but the work is only beginning,” Youngkin stated.
By Tarazha Jenkins and Josephine Walker
Capital News Service
Capital News Service is a program of Virginia Commonwealth University’s Robertson School of Media and Culture. Students in the program provide state government coverage for a variety of media outlets in Virginia.
Local News
Izzy’s arrival in Virginia nets 142 traffic accidents State Police have responded to before 1 PM
During the current winter storm impacting the Commonwealth, Virginia State Police troopers have responded to 142 traffic crashes and 162 disabled vehicles since 12:01 a.m. Sunday (Jan. 16) through 12:45 p.m. Sunday (Jan. 16). The majority of those crashes have involved only damage to vehicles. There have been no reported traffic fatalities during this time period.
Photos courtesy of Virginia State Police
Since midnight on Sunday (Jan. 16), Virginia State Police have responded to:
Richmond Division: 12 Disabled Vehicles & 30 Traffic Crashes
Culpeper Division: 21 Disabled Vehicles & 6 Traffic Crashes (Photo from Culpeper County attached… crash with no injuries.)
Appomattox Division: 17 Disabled Vehicles & 20 Traffic Crashes
Wytheville Division: 45 Disabled Vehicles & 36 Traffic Crashes
Chesapeake Division: 18 Disabled Vehicles & 11 Traffic Crashes
Salem Division: 29 Disabled Vehicles & 32 Traffic Crashes
Virginia State Police remain on the scene of a multi-vehicle backup on Interstate 81 in Roanoke County. At approximately 12:05 p.m. Sunday, a tractor-trailer jackknifed and the cab disconnected from the trailer in the northbound lanes of I-81 at the 134-mile marker. A wrecker is on the scene working to get the tractor-trailer re-connected, so the northbound lanes can be cleared and traffic can begin moving again. However, in the backup of traffic, there are two additional reported traffic crashes – one with minor injuries reported and the other with no reported injuries. Fire and EMS have responded to the scene. Please follow 511 Salem for information on the detour.
Fairfax Division: 20 Disabled Vehicles & 7 Traffic Crashes
As the storm continues to cross the state, Virginians are still advised to avoid travel Sunday and overnight into Monday. especially along the Interstate 81 corridor. Open highways allow VDOT crews to safely and effectively treat the roads.
If you MUST travel during the storm, please take these safety tips into consideration:
• Know Before You Go! Before heading out, check Virginia road conditions at www.511virginia.org or download the VDOT 511 app. Do not call 911 or #77 for road conditions. Please leave these emergency lines open for emergencies only.
• Clear ALL snow and ice from the roof, trunk, hood, and windows of your vehicle – car, SUV, minivan, pickup truck, commercial vehicle – before you travel.
• Use your headlights – in rain and snow. Virginia law requires headlights on when your wipers are active.
• Drive for conditions – slow your speed and increase your traveling distance between the vehicle ahead of you.
• Always buckle up.
• Avoid distractions – put down the phone.
• As the storm moves through the state, there will be an increased chance of encountering emergency vehicles assisting motorists. If it is safe to do so, carefully move over and give these responders plenty of room to safely work.
Local News
VDOT: Avoid all travel on Sunday afternoon into Monday morning in the Shenandoah Valley
Snow, ice, sleet, and rain are forecasted to enter the Commonwealth overnight and continue throughout the day Sunday. Precipitation combined with freezing temperatures will create treacherous driving conditions. The Virginia Department of Transportation is urging motorists to adjust travel plans and avoid being on the roads at all on Sunday, Jan. 16.
The current forecast indicates this event will drop significant snow, followed by freezing rain and ice in many areas, targeting the central region of Virginia and areas along the Interstate 81 corridor with the most extreme conditions.
The region, including Interstate 81, has terrain with steep grades that can increase the hazardous nature of travel during a heavy snow and ice event. This is very true for truck traffic and it is important that trucks avoid the region, particularly I-81, on Sunday and into early Monday.
Crews are conducting final stages of pre-treatment on interstates, primary and major secondary roadways statewide in advance of the storm and stand ready with the necessary equipment and adequate materials to clear and treat affected areas during and after precipitation falls.
VDOT crews and contractors will be prepositioned on Sunday to begin plowing and treating roads as the weather begins. Wreckers have been staged and tree crews have been notified for deployment as needed.
VDOT reminds motorists, bridges and overpasses freeze before roadways. If there is snow or ice on roadways, travel is hazardous.
With the risk of high winds, contractors are on standby to assist with downed trees, branches, and debris. Downed trees and power lines are expected and pedestrians and motorists should remain aware and cautious of these risks.
Remember:
- Avoid travel
- If you must travel during adverse weather conditions:
- Review forecasts along your entire route
- Allow plenty of time to reach your destination
- Review and be familiar with alternative routes to your destination
- Do not pass snowplows
- Give crews time and room to treat roads
- Visit 511Virginia.org for the latest road conditions before traveling. If possible, avoid travel until precipitation stops and road conditions improve.
For more information on winter weather travel, visit virginiadot.org/travel/snow.asp.
VDOT has a variety of traveler resources including Welcome Centers and Safety Rest Areas located throughout the Commonwealth of Virginia. Rest area locations can be found on the VDOT website at https://www.virginiadot.org/travel/map-rest-area.asp.
Road conditions and traffic cameras can be found on the VDOT 511 website at http://www.511Virginia.org, Roads with snow conditions will be marked minor, moderate, severe, or closed.
Road condition definitions:
Closed – Road is closed to all traffic.
Severe – drifting or partially blocking the road.
Moderate – snow or ice on major portions of the roadway.
Minor – bare pavement except for isolated spots of snow, ice, or slush. Driving with caution is recommended.
Local News
Governor Glenn Youngkin signs 11 Day One Executive Actions
Executive Orders:
• Executive Order Number One delivers on his Day One promise to restore excellence in education by ending the use of divisive concepts, including Critical Race Theory, in public education.
• Executive Order Number Two delivers on his Day One promise to empower Virginia parents in their children’s education and upbringing by allowing parents to make decisions on whether their child wears a mask in school.
• Executive Order Number Three delivers on his Day One promise to restore integrity and confidence in the Parole Board of the Commonwealth of Virginia.
• Executive Order Number Four delivers on his Day One promise to investigate wrongdoing in Loudoun County.
• Executive Order Number Five delivers on his Day One promise to make government work for Virginians by creating the Commonwealth Chief Transformation Officer.
• Executive Order Number Six delivers on his Day One promise to declare Virginia open for business.
• Executive Order Number Seven delivers on his Day One promise to combat and prevent human trafficking and provide support to survivors.
• Executive Order Number Eight delivers on his Day One promise to establish a commission to combat antisemitism.
• Executive Order Number Nine delivers on his Day One promise to withdraw from the Regional Greenhouse Gas Initiative (RGGI).
Executive Directives:
• Executive Directive Number One delivers on his fulfilling his Day One promise to jumpstart our economy by cutting job-killing regulations by 25 percent.
• Executive Directive Number Two delivers on his fulfilling his Day One promise to restore individual freedoms and personal privacy by rescinding the vaccine mandate for all state employees.
Thank You to our Local Business Participants:
