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Matt Tederick: Public Nuisance? 

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Tree-slayer Matt Tederick, during his attempted public commentary at the January 4 Board of Supervisor meeting, has expanded his campaign to disrupt the functioning of county business. His personal attacks on county board members are disgraceful and uncalled for.

Moreover, his threat to Supervisor Cullers that “You’ll be hearing from someone” after she disallowed his harangue is seriously out-of-bounds. Has Mr. Tederick become unhinged?

Jeanne Trabulsi
Front Royal, Virginia

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Closing the Fitness Center is a poor decision – we deserve better

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Valley Health is taking away another community outreach and wellness program in order to increase the Corporation’s profit. In a letter dated Jan.16th, 2023, Valley Health’s Director of Fitness Services, Jeffery Jehren, abruptly announced that Valley Health would permanently end Front Royal’s popular fitness program, incidentally firing several trained and skilled healthcare professionals in the process.

Where are our elderly, or those of us with Parkinson’s Disease, Muscular Dystrophy, Multiple Sclerosis, and other like diseases and/or injuries, going to go to work against our declining health issues without the valuable health care benefits provided by our Fitness Center? I am 69 years old. Other local fitness centers cannot provide the same services that we are losing because of this ill-timed callous decision.

We urge you to let Valley Health know that closing the Fitness Center is a poor decision and that we deserve better treatment from our healthcare providers as a community.

Doug & Lyn Bement
Warren County

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Commentary: Credit company’s laxness jacked up my info; I got a lousy 5 bucks

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Equifax’s financial mea culpa arrived in my mailbox the other day. I eagerly tore open the envelope the credit reporting firm sent me.

Would the check be a cool $125, as the feds originally touted in helping reach the class-action settlement? Or, given the humongous number of claimants, something much, much less?

The company’s inattention to detail led to a massive data hack in 2017. The intrusion compromised the personal data of 147 million people – nearly half the U.S. population.

I had to file a claim and keep abreast of developments. It took several years for the payouts to start.

In 2019, then-Virginia Attorney General Mark Herring said that, despite knowing about a key vulnerability in its software, Equifax didn’t fully patch its system or replace software that monitored its network for suspicious activity.

I was among 4 million Virginians affected. Our names, birthdates, and Social Security numbers were imperiled, though Equifax still says there’s no proof the data “has been sold or used.”

We’ll see.

Would the settlement check let me go on a mini-shopping spree? Or could I barely afford a combo meal?

Drum roll: It was a measly $5.21.

With millions of plaintiffs, class-action lawsuits like this one usually mean individuals receive negligible amounts. Besides, the lawyers representing the class get a major cut.

A $425 million consumer restitution fund was established as part of the Equifax settlement, but the “fine print” said just $31 million was being used for reimbursements. If more than 248,000 people submitted claims – a tiny percentage of 147 million – payments would be lower than $125 to each person. Folks could opt for free credit monitoring instead.

I tried reaching Kenneth Canfield in Atlanta and Norman Siegel in Kansas City, two of the attorneys representing consumers as part of “class counsel.” I wanted to know, in part, how much they received. Neither responded to my messages by Tuesday afternoon.

A legal website noted plaintiffs’ counsel often “receives 25 to 33 percent of the amount of damages as their attorney fees.”

A spokeswoman for Equifax directed me to a company statement on the disbursements and the settlement administrator’s website.

You bet I’m cashing the check.

And cursing Equifax for its cavalier and cheap response to data security.

 

by Roger Chesley, Virginia Mercury


Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.

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Warren County Democrats candidate interest open house Saturday. January 28th

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As Chair of the Warren County Democratic Committee, I am excited to announce our Candidate Interest Open House on Saturday, January 28, from 10-2 pm at the Warren County Community Center. This event is designed to be a service to members of the community and not a closed-door, partisan exercise. The open house is not a place for rehashing political debates but one where interested parties can come in good faith to learn if the public office is right for them. One might ask why the chair of a Democratic committee would share helpful information about how to seek office without requiring party pledges.

One part of the answer is that our community is no place for the kind of partisan divisions and theatrics that hound Washington. We need problem-solvers who care about their neighbors more than any political party. That means providing this publicly available information to as many citizens of Warren County as possible. Too many people in recent years have tried to bring divisive drama to our School Board and other local offices, but that is not how we move our community forward.

Warren County has a long history of voting for Republican candidates, but whether you are a multi-generational native like myself or a newer resident, most people would agree that there is room for improvement in how local government meets the needs of business owners and working families. We can change the nature of our local governing body to reflect a more diverse set of experiences. Whether you studied law at a prestigious college, got a job at the local grocery store right out of high school, or like many, are still trying to find your passion, you might the person to bring a perspective to our local or state political system that helps kickstart a new era of vitality for the residents of Warren County.

Our community will only thrive when our School Board and Board of Supervisors are made up of people who are passionate about making our schools top-notch and ensuring that our growth is environmentally sustainable. People whose kids attend our schools should know how they can be a part of shaping educational outcomes. Folks living with the limitations of affordable housing and job opportunities can and must be part of how decisions are made for managed growth.

Even attendees of the event who do not decide to run for office can now leave with more information about the duties of their elected officials. This knowledge is important for holding our officials accountable.

Paul Miller
Chair, WCDC

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2023 Reassessment Notice – sticker shock

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Last week I checked the mail and found my 2023 Reassessment Notice from Warren County. While not a bill, the assessment change was up nearly 33%.

I took a hard swallow, even though I had been forewarned, for I had been in the audience at the January 3rd Board of Supervisors meeting when it was discussed that these reassessments, expected to show 25-35% increases in many cases, would cause sticker shock.

The BOS more or less acknowledged the need to lower the tax rate toward a level that — offsetting the assessment increases — would be “revenue-neutral” for the county.

However, I would suggest a more drastic approach. Throw out the reassessments altogether. They are based on outdated information.

While it’s unclear exactly what data was used to calculate the increases, the fact is that the real estate market peaked in May or June 2022 and has been in a precipitous decline ever since.

The reported prices used in any assessment calculation come with a serious time lag. For example, the oft-referenced Case-Schiller index is only up-to-date through October closings, which reflects contracts that were signed in the July-to-September timeframe.

Whatever selling prices were used to develop the new assessments, they were based on a roaring market and constituted prices that almost no one selling a home could get today.

Today, 30-year fixed rates are 6.15%, up from 3.45% a year ago. This rapid increase has kneecapped the housing market.

And in December, existing home sales posted the 11th straight month of declining volume.

Pending home sales are down about 35% year over year.

Days on the market (selling time) is up nearly 25%. The percentage of asking price offered to sellers is shrinking, and affordability is getting worse except for all-cash buyers.

Consider a local couple that has saved up $84K to buy a house and can afford a $1500 monthly payment (not including property taxes and insurance).

With $84K in hand, at the 3.45% interest rate a year ago, they could have bought a $420K house with 20% down.

Today, at a 6.15% rate, they can only buy a $330K house with their nest egg.

That is $90K in purchasing power lost into thin air due to rising interest rates.

Since our market is roughly balanced in terms of buyers and sellers, it means that the seller of that $420K home just lost $90K in equity. Yet Warren County sees fit to increase her assessment by 30%.

In all likelihood, anybody who thinks they can sell their house today for what it may have sold for a year ago is in for an unpleasant surprise.

Most of us would be unable to sell our homes for the newly assessed value in any reasonable amount of time, even if we wanted to.

This is why the reassessments should be scrapped altogether, or at a minimum; the increases should be cut in half to reflect the recent downturn in the market. And on top of that, the BOS should indeed lower the tax rate to offset any increase in assessments, such that the real estate tax haul for the county is revenue-neutral.

Families in Warren are paying more for food. Car taxes are up based on increased assessments. Electricity prices will likely increase as well.

A real estate tax hike based on outdated data is too much for our families to stomach.

John Stanmeyer
Warren County

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Commentary: Reluctant, distrustful witnesses are key to solving homicides

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Kelvin Wright, the recently retired police chief of Chesapeake, remains bewildered by the slaying of Daevon Shaquille Miller outside a restaurant-nightclub several years ago. Scores of people witnessed a murder and stayed quiet – except for posting photos of the crime on the internet.

“Well over 100 people were there,” Wright told me this week, “and not one person came forward.” Several did, however, publish photos online of the mortally wounded Miller, he noted grimly.

Not human nature at its finest. Even though 30 officers were at the murder scene, people there were mum.

Chesapeake, the state’s second-biggest city, has a strong record of arresting homicide suspects and charging them. With 25 homicides in 2022, police arrested suspects in 68 percent of the cases, The Virginian-Pilot reported.

However, the 2011 shooting of Miller, just 18, still hasn’t been solved. Police said Miller was shot during an argument in the parking lot around 1:45 one morning. The high school graduate left behind a wife and an infant son, according to published reports and an online obituary.

The fatal shooting is an example of a disturbing, persistent trend across America:

Many police departments, often in large cities, aren’t “closing” – or clearing – a huge percentage of slayings. “Closing” means police have arrested someone or identified a suspect, now dead or possibly in prison.

Roughly half of the homicides in the country aren’t being closed, according to the most recent statistics. The percentage is way down from the 1960s, in the pre-Miranda era and at a time when departments weren’t scrutinized closely, so many likely fudged the stats.

The percentage of homicide cases cleared today, though, is still much lower than the 1990s.

News articles and criminology experts say the keys to arresting suspects are witnesses willing to talk and greater public trust in police. That willingness and trust were damaged, especially among Blacks and Latinos, following the videotaped killing of George Floyd and similar police-involved slayings.

Even before that, however, relations weren’t great because police were often seen as occupying forces in Black and Latino neighborhoods.

That has resulted in efforts to bring murderers to justice falling short.

Some witnesses fear retaliation from thugs if they help police and prosecutors. Having enough police personnel to investigate killings is a factor, too.

It’s become a circular, self-defeating prophecy: African-Americans are disproportionately represented among homicide victims and suspects in the United States. Yet, police are less likely to solve a murder when the victim is African-American or Latino, CBS News reported.

This brings to mind a quote by fictitious prosecutor Jack McCoy (embodied by actor Sam Waterston) on the hit TV series “Law and Order”: “A murder goes unpunished, it’s bad for business.”

Sadly, this is a very real truth carrying devastating consequences for relatives and friends of victims in Virginia and across the United States.

When police can’t lock up killers, criminals gain a sense of impunity. They believe they can continue to murder without threat of arrest. Victims’ families never gain closure or justice – and may opt for vigilantism.

The commonwealth, compared to other states that release statistics, is doing better than average in closing cases. A chart with a 2022 story by CBS News shows Virginia’s clearance rate at 66 percent between 2015 and 2020. Nearby Tennessee, West Virginia, Maryland and Delaware did worse. The national average was around 50 percent.

Different pockets in our state, however, face serious challenges. The Pilot noted there were 220 homicides in the seven main cities in Hampton Roads in 2022. About half were cleared through arrest or other means. Norfolk had 63 homicides, the most in Hampton Roads last year, but only 37 percent were cleared.

The situation is better in other Virginia localities.

Prince William County had 10 victims in 2021 and 19 homicide victims in 14 cases in 2022, First Sgt. Jonathan Perok told me by email. Only one case remained open from 2021 and two cases from 2022.

“The police department always seeks cooperation in cases, whether that’s directly from those involved in incidents, or from the public who may have information which could assist in solving cases,” he said. When residents are willing to share home surveillance footage and other technology, that helps too, Perok said.

Fairfax County, the state’s largest locality at 1.14 million people, had six active cases among 21 homicide victims in 2021, and just three active cases among 22 homicide victims last year, police there said.

It’s noteworthy that those localities have significantly fewer homicides than some in Hampton Roads. Their populations are wealthier, too. Studies note that communities with higher poverty are at higher risk of their residents becoming homicide victims.

Jeff Asher, a crime analyst, told The Atlantic last year that guns are a big factor in whether cases are closed. Today, almost 80% of murders are committed with guns, while it was 50% in the 1960s.

“Firearm murders are much harder to solve,” Asher told The Atlantic. “They take place from farther away. You often have fewer witnesses. There’s less physical evidence. … A higher share of gun violence can lead to a lower clearance rate.”

He also noted the “geography of murder” is important because certain communities – as I noted earlier – don’t trust the police. Those same communities tend to have fewer homicides solved.

A plea to police: Work harder re-establishing trust. Don’t give up.

A plea to Black and Latino people: Lack of cooperation prevents arrests. There’s no justice.

Letting killers off the hook helps the murderers – and nobody else.

 

by Roger Chesley, Virginia Mercury


Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.

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First Amendment and Twitter

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historically speaking

Twitter has been an ongoing story since the Trump presidency and ramped up even more when Twitter suspended Trump’s account after the events of Jan 6, 2021. Many felt Twitter was wrong in suspending Trump’s account, citing free speech. Of course, Twitter is not the only social media platform that has come under attack for limiting free speech, as Facebook has had similar issues and has been accused of limiting conservative speech. The argument seems to stem from the questions: What is free speech? Does social media constitute a public space? Historically speaking, the argument between public and private is not new and maybe a case from the Gilded Age about trains can shed some light.

Whenever plausible, I like to start with the Constitution and the law. The First Amendment states, “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” This is possibly the most misunderstood clause in the Constitution. It does not say individuals can say whatever they want with no consequences. It says Congress cannot pass laws against free speech. In other words, you can attack the President (with words) and not go to jail, but it does not mean you can attack your boss and not get fired.

Here is the thing about social media platforms like Twitter or Facebook. They are privately owned. As privately owned businesses, they can make their own rules about what can and can’t be posted on their pages. They can also choose who can and who can’t use their pages as long as it’s not an illegal reason. Quick example: a private club can deny a membership to an overweight person but not a Jewish person. One is morally wrong but the other is illegal. The courts have routinely dismissed cases that claim First Amendment rights have been violated on social media, even though there are currently cases in the 5th and 11th districts that will probably be sent to the Supreme Court to be determined once and for all, but for now people do not have the right to free speech on social media platforms.

What does this have to do with trains? Well, by 1871 there was a growing movement known as the Grange. During this era, government did very little. This was not a problem because no one expected it to. The day of expecting government involvement in all aspects of our lives had not yet begun. In fact, it was the Grange movement that first nudged government in that direction. Farming was a difficult occupation, then and now. Much of a farmer’s success depended on aspects out of the farmer’s control, like weather. Farming also depended on a cycle of taking out loans, which would be paid off after harvest, meaning constant debt. One bad year could crush a farmer. Farmers began looking to the cities where they saw labor organizing into unions. Unionization was impossible for farmers, but they did organize themselves into the Grange where they could work together for social and economic needs of farmers.

The Grange was not meant to be political, but as it grew, people realized that they did have power, especially in the Midwest and Plains states, where most of the population were farmers. They began to ask their state governments for help. This eventually grew into the Populist movement. The Grange and later the Populists asked for government assistance for things like loans and, most importantly, for silver to be added to the Gold Standard to allow more money into circulation. They also asked state governments to regulate the rates that agricultural storage facilities could charge for crops waiting for shipment. Every town had some type of storage facility owned by the railroad and everyone had to use them. In 1871 voters put enough pressure on their elected officials in Illinois to pass a law regulating rates. This type of regulation was unheard of at the time and the Munn Company took the government to court, claiming the government did not have the right to regulate a private company.

In the case of Munn v. Illinois, the Illinois court and Illinois Supreme Courts both sided with the state, so the case was brought before the U.S. Supreme Court. In what was a landmark decision for the Populist movement, the Supreme Court sided with the state, ruling was that the state may regulate private property “when such regulation becomes necessary for the public good.” Justice Morrison Waite based his decision on the legal doctrine that “when property is affected with a public interest, it ceases to be juris privati only.” What this meant was that when most of the population requires the use of the storage facilities, then those facilities essentially become public property. Hence, the state can regulate the facilities’ rates. The Populists went on to use this precedent to get government more involved with everyday life.

While I am not a lawyer, nor do I pretend to be, and I understand we are comparing apples and oranges, there seem to be some principles that are the same. Social media is part of our lives and, in fact, has become necessary for many to do business and promote their brands. In the case of platforms like Twitter, it may be possible to make the case that Twitter is as much a public necessity today as storage facilities were back in the Gilded Age.


Dr. James Finck is a Professor of History at the University of Science and Arts of Oklahoma and Chair of the Oklahoma Civil War Symposium. To receive daily historical posts, follow Historically Speaking at Historicallyspeaking.blog or on Facebook.

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