‘Star chamber’ Human Rights Commission passes

Star Chamber – an English law court, abolished in 1641, that included members of the monarch’s privy council and considered cases without a jury or other procedures of common-law court. Any tribunal or committee that acts in an arbitrary or unfair manner.

Charlottesville, Va. – The 5-member City Council passed in a 3-to-1 vote the so-called Human Rights Commission at 10:40 p.m. Monday. Something doesn’t add up. Mayor Satyendra Huja abstained while he said on WINA this morning (replayed this afternoon) that he opposes the commission.

Without enforcement powers, what would have been an illegal court answerable only to Council is now a secret grand jury that settles cases and refers cases to the City Attorney for prosecution in a legitimate court.

The ordinance was not ready for prime time. Many changes were made at the last minute and approved “as amended.” So they have to pass it so we can see what’s in it. The ordinance was not in the Agenda materials, where the Comprehensive Plan ordinance was duplicated. The April 15 version is available at the city website in the list of Agendas and reproduced below.

What does the ordinance really mean? Anything you want it to. The language is vague and contradictory. The 6 protected groups are expanded to at least 13 classes for preferential treatment.

(1) Race
(2) Color
(3) Religion
(4) Sex
(5) Pregnancy
(6) Childbirth or related medical conditions
(7) National origin
(8) Age
(9) Marital status
(10)  Disability
(11)  Gender identity
(12)  Transgender status
(13)  Sexual orientation

Each classification is vague. The ordinance does not spell out which race is to be favored and which is to be discriminated against. So there’s plenty of room for interpretation and unintended consequences.

At least one speaker brought up illegalities and how Councilors were violating their oath to uphold the law. City Attorney Craig Brown mistakenly said a case would have to come through for the ordinance to be tested in court. We know this is not true because the panhandling ordinance went to court while no citation has ever been issued. But if it were to be true, that would be arbitrary enforcement of the rules, the definition of a Star Chamber.

Brandon Collins brought up the star-chamber analogy. Later Councilor Dave Norris, opponent of due process civil rights by supporting public housing urban renewal, reassured the public that this star-chamber commission is not a star chamber. City Council is a star chamber!

The cost per secret, confidential investigation is $3,000. City Manger Maurice Jones estimates 17 cases per year. So that’s $51,000. Plus one or two “objective, neutral third party qualified to assess allegations of discriminatory conduct” as defined in the ordinance. That’s another $200,000 a year.

But the ordinance does not actually define “discrimination.” There would be 9 members including a director. Norris asked if the commission could split up into sub-commissions. The answer was yes. That’s not in the April 15 version.

City of Promise – City of Betrayal

Change is coming to 8th St. NW and Hardy Drive next to the 1964 Westhaven public housing complex, named for John West, a black real estate speculator who owned and built Vinegar Hill after the Civil War when blacks outnumbered whites locally. Westhaven is the replacement housing for those displaced by urban renewal of Vinegar Hill.

The biggest news is not about the detailed plans, or Habitat for Humanity and the City swapping land back and forth like they don’t know what they’re doing, or that Piedmont Housing Alliance is no longer the middle man. The news is not the City owns 202 and 206 8th NW, Habitat 204 and 210, and Silk Purse Properties, LLC owns 208.

The big news is that Charlottesville’s Online Real Estate Records no longer contain the legal name of the property. The legal name is actually a number – the number of a Deed Book and Page that describes the legal owner and parcel of property. So the website “upgrade” is a major step backwards for transparency and open government.

Charlottesville Online Real Estate  http://gisweb.charlottesville.org/GISViewer/

And the map doesn’t work. That’s no big surprise. I started watching Council at 7:35 and stopped at 10:40. So this scheme to spend money, erect an exercise building at 210 with green space at 206 separated by Silk Purse just so they can be located close to the target neighborhood? Why can’t they have an office in the Westhaven community center across the street?

They’ve already spent $30,000 for final architectural plans. So they’re pretty certain the other $270,000 will be forthcoming. That’s because we’re swimming in money. There’s no recession in City Hall. The item was scheduled for the late-night meeting.

Council Agenda May 20, 2013 with background materials.

Video of May 20, 2013 City Council meeting.

[PENDING VERSION – With Amendments proposed by Kristin Szakos, and as modified by City Council on April 15, 2013]
( http://www.charlottesville.org/Modules/ShowDocument.aspx?documentid=25639 )

AN ORDINANCE AMENDING AND REORDAINING CHAPTER 2 (ADMINISTRATION) OF THE CODE OF THE CITY OF CHARLOTTESVILLE (1990), AS AMENDED, BY ADDING A NEW ARTICLE XV ENTITLED HUMAN RIGHTS. 

BE IT ORDAINED by the Council for the City of Charlottesville, Virginia that Chapter 2 of the Code of the City of Charlottesville (1990), as amended, is hereby amended and reordained by adding a new Article XV entitled Human Rights, which Article shall read as follows:

Article XV. Human Rights

Sec. 2-430. Short title.
This Article shall be known and referred to as the Charlottesville Human Rights Ordinance.

Sec. 2-431. Unlawful discrimination prohibited.
(a) It shall be unlawful and a violation of this article for any person, partnership, corporation or other entity to engage in discrimination in housing, employment, public accommodations, credit, and education on the basis of race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status or disability.
(b) As used herein, the term “discrimination on the basis of sex” is defined to include, but not be limited to, discrimination on the basis of gender identity, transgender status or sexual orientation.
(c) As used herein, the term “unlawful discriminatory practice” includes conduct in violation of any comparable Virginia or federal statute or regulation governing unlawful discrimination.

Sec. 2-432. Human Rights Commission.
(a) There is hereby created in the City of Charlottesville a Human Rights Commission, consisting of no less than nine members appointed by the City Council. The Commission membership shall be broadly representative of the City’s population, with consideration of racial, gender (including gender identity, transgender status, and sexual orientation), religious, ethnic, disabled, socio-economic, geographic neighborhood and age groups within the City. Of the members first appointed, at least three shall be appointed for terms of three years, at least three shall be appointed for terms of two years, and at least three shall be appointed for terms of one year. Thereafter members shall be appointed for terms of three years each. Any vacancy shall be filled by the City Council for the unexpired portion of a term. Following notice to the member, any member of the Commission may be removed for good cause by a majority vote of City Council.
(b) The Commission shall elect from its members a chair, a vice-chair, and such other 2 officers as the Commission may deem appropriate. The Commission may also adopt rules and procedures to govern the conduct of its affairs.
(c) Members of the Commission shall serve without compensation, but funds may be appropriated in the City’s annual budget for reasonable and necessary expenses to be incurred by Commission in the conduct of its prescribed functions.
(d) All meetings of the Commission shall be advertised in advance and in the manner required by law, and shall be open to the public except for meetings lawfully closed pursuant to the Virginia Freedom of Information Act. At the beginning and at the end of each of its public meetings the Commission will receive public comment in accordance with City Council’s “Rules for Public Participation”.
(e) The Commission may, in its discretion, delegate any of its duties or responsibilities hereunder to a panel of not less than three Commissioners.
(f) There shall be a full-time Director of the Commission, who shall be appointed by the City Manager with the advice and consent of the Commission and who shall serve full time in that capacity. The Director will be responsible for and report to the Commission in the day-today operational conduct of the Commission’s activities. The Director shall report directly to the City Manager for administrative and fiscal matters. The City Manager shall delegate to the Director the authority to employ such additional staff as authorized and funded by the City Council, in order for the Commission to fulfill effectively its obligations under this Ordinance.
(g) All City departments, boards and commissions shall cooperate with and provide assistance to the Commission, including the provision of information in response to reasonable requests from the Commission.
(h) Legal counsel shall be provided to the Commission and its staff through the Office of the City Attorney. The City Council may authorize retention of outside counsel where deemed appropriate upon recommendation of the City Attorney.

Sec. 2-433. Role of the Human Rights Commission.
The role of the Human Rights Commission is to act as a strong advocate for justice and
equal opportunity by providing citywide leadership and guidance in the area of civil rights. The Commission will:
(a) Identify and review policies and practices of the City of Charlottesville and its boards and commissions and other public agencies within the City and advise those bodies on issues related to human rights issues;
(b) Collaborate with the public and private sectors for the purpose of providing awareness, education and guidance on methods to prevent and eliminate discrimination citywide;
(c) Assist individuals who believe they are the victim of an act of unlawful discrimination within the City;
(d) Make recommendations regarding the City’s annual legislative program, with an emphasis on enabling legislation that may be needed to implement programs and policies that will address discrimination;
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Sec. 2-434. Duties and responsibilities – Investigation of individual complaints and issuance of findings.
(a) The Director will develop and implement a central intake mechanism for receiving and processing individual complaints that allege an unlawful discriminatory practice in the City. The Director or other designated professional staff will conduct, as authorized by this ordinance, fact-finding, mediation, conciliation, and, if necessary, full investigation of the complaint
(b) In cases where investigation and remediation are already available in the City, such as employment discrimination complaints within the jurisdiction of the Equal Employment Opportunity Commission (“EEOC”) or fair housing complaints addressed by the Piedmont Housing Alliance, the complaint will be referred to that agency so that investigation and enforcement may be initiated by those bodies, which will offer services in the City and, to the extent allowed by law, report their findings to the Commission.
(c) For all other complaints alleging an unlawful discriminatory practice as defined herein, the Director shall thereafter conduct such investigation as he or she deems appropriate to ascertain the facts underlying the charge of discrimination, provided that the complaint may be dismissed by the Director without investigation if it fails to adequately allege a violation of this ordinance or is otherwise deficient on its face. If the complaint is not dismissed the Director will serve a copy on each respondent named therein. Upon completion of the initial investigation, the Director shall render a written determination of whether there is probable cause to believe a violation of this ordinance has occurred, and the facts supporting such determination. The written determination shall promptly be served on the parties.
(d) If the Director determines that there is probable cause to believe a violation has occurred, the Director will propose an initial meeting between the parties for the purpose of exploring a resolution of the complaint through voluntary mediation or other informal means. Nothing herein shall be interpreted as requiring any party to participate in mediation or any other conciliatory efforts.
(e) If the mediation or conciliation is concluded to the satisfaction of both parties, the complaint will be considered resolved upon the parties’ execution of a written conciliation or settlement agreement. No further action on the initial complaint will be taken by the Commission or its staff once the agreement is executed. If mediation or conciliation is not successful, the Director or designee may conduct further investigation or, if further investigation is not warranted, either dismiss the complaint as not constituting a violation or proceed with the preparation of materials for consideration by the Commission, as provided in section 2-439.1 (b).
(f) In order to fulfill the requirements of this section, the City Manager is authorized to contract on behalf of the City with any objective, neutral third party qualified to assess allegations of discriminatory conduct as prohibited in section 2-431, for the purpose of receiving complaints, conducting investigations, rendering written determinations of whether there is probable cause to believe a violation of this ordinance has occurred, conducting mediations or conciliations of complaints and advising the Director of the Commission of the results of any investigation, mediation or conciliation of complaints.
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Sec. 2-435. Duties and responsibilities – Systemic issues.
(a) The Commission will be responsible for identifying and reviewing policies, practices  and systems of an institutional nature that:
(1) May be unlawful discriminatory practices; or,
(2) May not constitute unlawful discriminatory be practices but nevertheless which produce disparities that adversely impact affect individuals on the basis of a status such as their race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status, criminal record, income or disability.
(b) Any review undertaken pursuant to this section may be initiated at the request of any other public or private entity, or by the Commission on its own initiative.
(c) The Commission may conduct its own research and review of existing studies and literature, collaborate with other research organizations, organize public focus groups and hold such hearings as may be necessary to identify policies, practices and systems as referenced in (a), above. For each such identified policy, practice or system, the goal of the Commission will be to formulate recommendations and to propose concrete, actionable reforms that will eliminate discriminatory practices or the adverse effects of lawful other practices.

Sec. 2-436. Reserved.

Sec. 2-437. Duties and responsibilities – Community dialogue and engagement.
(a) The Commission will serve as a forum for the discussion of human rights issues, and be responsible for conducting ongoing efforts to engage community members in an open, honest and creative dialogue regarding issues of equity and opportunity, including but not limited to issues considered by the City’s Dialogue on Race initiative.
(b) The Commission may conduct or engage in educational and informational programs for the promotion of mutual understanding, reconciliation and respect between all classes of individuals protected by this ordinance and the larger Charlottesville community.

Sec. 2-438. Reserved.

Sec. 2-439.1. Enforcement authority – The role of the Commission.
(a) If the Director determines that there is insufficient probable cause to believe a violation of this ordinance has occurred, the Director shall dismiss the complaint and advise the complainant in writing that such dismissal shall become final unless, within ten (10) business days of receipt of notice of the dismissal, the complainant files with the Commission a request for a review of the determination of the Director. On written petition of the complainant the Commission may review the Director’s conclusion, and may either overrule or affirm the finding of no probable cause. The parties may submit such additional information as they desire for the Commission’s consideration. If the Commission determines that probable cause exists, it shall direct the Director to continue the investigation or proceed with conciliation efforts.
(b) If the Director determines that probable cause to believe a violation did occur and the responding party declines to participate in mediation or other informal means of resolving the complaint, or if such efforts are attempted but unsuccessful, the Director shall prepare a written 5 summary of the evidence on which the determination of probable cause is based, and shall recommend appropriate remedies for the discriminatory actions in a report to the Commission. The Commission shall determine by majority vote whether to hold a public hearing on the complaint. The Commission shall base its determination on its judgment as to how enforcement of this ordinance would be best served. If the Commission determines not to hold a public hearing, it shall either dismiss the complaint or take such action as it deems appropriate and consistent with the purposes of this ordinance and the powers of the Commission hereunder.
(c) If a hearing is to be held, the Commission shall promptly notify the parties of the time, date and location of the hearing and serve upon them a statement of the charges against the respondent, the Director’s summary of the evidence and recommended remedies, and the issues to be considered at the hearing. The Commission will have the option to consider all of the allegations and issues set forth in the complaint or, in its discretion, may limit the scope of the hearing to one or more of the allegations or issues. The notice and statement shall be served no later than 14 days prior to the date of the hearing. Hearings of the Commission may be held before the entire Commission or before designated hearing panels, consisting of three or more members of the Commission, as the Commission in its discretion may determine. The Chair or a Commissioner designated by the Chair shall preside over the public hearing, which shall be open to the public.
(d) Whenever the Commission has reasonable cause to believe that any person has engaged in or is engaging in any unlawful discriminatory practice, and the Commission, after a good faith effort to obtain the data and information necessary to determine whether a violation has occurred, has been unable to obtain such information, it may request the City Attorney to apply to the judge of the circuit court of the jurisdiction in which the respondent resides or is doing business for a subpoena duces tecum against any person refusing to produce such data and information. The judge of the court, upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such subpoena shall be subject to punishment for contempt by the court issuing the subpoena. For purposes of this section, “person” includes any individual, partnership, corporation, association, legal representative, mutual company, joint stock company, trust, unincorporated organization, employee, employer, employment agency, labor organization, joint labor-management committee, or an agent thereof.
(e) In cases to be heard by the Commission the complainant and the responding parties shall be entitled:
(1) To file written statements or arguments with the Commission prior to the hearing;
(2) To be represented by privately retained counsel of his or her choice;
(3) To present his or her case or defense by oral or documentary evidence, to be given under oath or by affirmation;
(4) To submit rebuttal evidence; and
(5) To conduct such cross-examination as may be required for a full and true disclosure of the facts. Any oral or documentary evidence may be received, but the Commission as a matter of policy shall provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence. The Commission shall not be bound by the strict rules of evidence prevailing in the courts of law or equity.
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(f) The Director shall be responsible for assuring the development of the evidentiary record before the Commission and may introduce evidence, examine or cross-examine witnesses, or make argument if he or she deems it advisable in order to fully apprise the Commission of the facts or the applicable law. The Commission shall keep a full record of the hearing, which record shall be public and open to inspection by any person unless otherwise provided by any applicable law or regulations. Any party may request that the Commission furnish such party a copy of the hearing record and shall reimburse the Commission for the cost of producing the copy. In matters where any party is represented by counsel, the office of the City Attorney shall provide an attorney as counsel to the Commission who will also assist the Director in preparing the case.
(g) If, after the hearing, the Commission determines by a preponderance of the evidence that the respondent has committed or is committing the alleged violation(s) of this ordinance, the Commission shall state its findings and may issue recommendations, to be served promptly on the parties, which recommendations may include notice to the respondent to cease and desist from such violation(s) and to take such action as may be authorized by law to effectuate the purpose of this ordinance, including but not limited to the payment by respondent of compensatory damages to any person or persons found by the Commission to be so entitled by reason of the violation(s) of this ordinance, or the placement or restoration of any person in or to such status in which the Commission finds he or she would be but for respondent's violation(s) of this ordinance.
(h) If, after receiving the evidence presented at the hearing, the Commission finds that the respondent has not engaged in the alleged violation(s) of this ordinance, the Commission shall state its findings and shall dismiss the complaint. Prompt notice of such action shall be given to the parties.
(i) Nothing herein shall be construed as authorizing the Commission to issue subpoenas, award damages or grant injunctive relief.

Sec. 2-439.2. Enforcement authority – Court enforcement.
(a) If the Commission finds that a respondent has committed a violation of this ordinance and determines that appropriate remedial measures have not been taken, the Commission, through the City Attorney, and subject to approval by the City Council, may file an appropriate action in any court of competent jurisdiction to prove, de novo, that the respondent violated this chapter; secure compliance with this chapter; and/or obtain appropriate relief available under any applicable federal or state statute or regulation including, but not limited to an award of injunctive relief, compensatory and / or punitive damages and a recovery of costs and attorney's fees for any person, including the City, injured as a result of a violation of this chapter.
(b) If the City Council approves the institution of any proceeding in court, the proceeding shall be brought in the name of the City Council and the Human Rights Commission of the City of Charlottesville.

Sec. 2-440. Confidentiality.
It shall be unlawful for any Commissioner, officer, employee, contractor or staff member of the Commission to disclose or make public any complaints, investigative notes, or other correspondence and information furnished to the Commission or its staff in confidence with respect to a complaint, an investigation or conciliation process involving an alleged unlawful discriminatory practice.

Sec. 2-441. Annual Report.
The Commission shall make an annual comprehensive report to City Council that outlines its efforts during the preceding year in the areas of identifying and addressing systemic or institutional discrimination; processing individual complaints of unlawful discrimination; and facilitating a community dialogue regarding issues of human rights. The report shall also outline the Commission’s work plan for the ensuing year, which shall be subject to approval or modification by City Council.

Sec. 2-442. Severability.
The provisions of the Article are severable; and if any provision, sentence, clause, section or part thereof is held illegal, invalid, unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Article, or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Article would have been adopted if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included therein, and if the person or circumstances to which the chapter or any part thereof is inapplicable had been specifically exempted therefrom.

Sec. 2-443. Reserved.

Update on Public Housing

Sometimes we long for the simple life. But this issue is anything but simple. With all the action lately, where has Super Blair been the last couple of months? Busy working lots of overtime. I've been neglecting my blog. My focus is shifting to bringing it all together finally in an electronic book about 150 pages. I got bring it all to one place for preservation.

But I have been watching the media. On the radio today, urban renewal expert planner 1973 to 2004 Mayor Satyendra Huja was saying he doesn't like the tactics of PHAR Public Housing Association of Residents. And they are protesting his tactics with decades of building resentment.

Former City Councilor Holly Edwards "debated" WCHV radio host Joe Thomas on the Newsplex last night on the topic of public housing. Neither offered a solution other than to add to, rather than change the status quo. Joe was being polite so he just talked about Holly being a nurse.

The Daily Progress, consistently pro-urban renewal while claiming to support property rights, was able to print the date the urban renewal, housing authority (one and the same) was formed 1954. But only because Republican Chairman Buddy Weber is running for City Council. While the city Republicans finally, officially came out against eminent domain abuse in 2009, Buddy wants better management of the Housing Authority. At the recent Ronald Reagan dinner at the Omni Hotel, Weber pointed out that this dinner was on the site of Vinegar Hill bulldozed 1964 and still much talked about today. But Weber did not explain how it makes sense to say you're against urban renewal and support urban renewal at the same time with a dinner. But that's what happened.

So I guess I'm laying low for a while to give others the opportunity to discuss and report on urban renewal. Finally the Republicans see a connection between the 2012 Va. Property Amendment and Vinegar Hill, but they don't see how Democrat they look but not talking about the whole story of urban renewal. Like a parent talking only about one kid gives the impression he has only one child, talking exclusively about Vinegar Hill has given rise to the impression that this is the whole story, instead of only one of many stories.

Vinegar Hill is only 10 to 20% of urban renewal in Charlottesville according to my research and all the eyewitnesses I know. That's why I have to shift focus to a book form to spread the truth to a larger audience. Would the Republicans lose or gain votes by talking about those other people?

http://www.facebook.com/blair.hawkins.31 for brief updates from time to time.

Human Rights scheme to extort mediation settlements

"The racism is subtle and in your face,” according to a speaker.

Charlottesville, Va. – City Councilor Kathy Galvin expressed Monday night just before 10 p.m. what so many have been hinting at. The task force and Walt Heinecke on WINA this afternoon have stressed that mediation is where the vast majority of allegations of discrimination end. The ultimate enforcement power is for the 9-member commission to hold a public hearing and render a finding that you discriminated against one of the 6 protected groups.

The mediation means the commission calls the accused employer, landlord, or city agency to investigate. To avoid the bad publicity you can settle out of court. So instead of talking about equality and equal rights, the proponents talk equity – a share of the money someone else has. They want to get paid. In the second public hearing on this topic, some speakers wanted the commission to have the judicial power to levy fines.

There were 28 speakers 2 weeks ago on this issue. I didn’t count them tonight because the internet feed of the Council meeting was boring Winston Churchill Gooding on Public Access TV repeating himself every few minutes. So I went to a neighbor’s to watch it on cable. There were fireworks in the public hearing. But once Council started talking, we couldn’t take it anymore.

Only a few speakers talked about civil rights. That makes sense because the commission is a violation of civil rights. The struggle for civil rights has brought only equality. But since the 6 groups – based on race, gender, religion, age, disability, pregnancy – can’t make it as equals, the 9-commissioners will become felons when they violate the Due Process civil rights of those accused of discriminating. When the commissioners act on social justice, not equal justice, they can be prosecuted anytime in the future when new legislators, judges, sheriffs are elected, who seek to restore civil rights.

Sexual orientation was not included in the ordinance because discrimination against gays is legal in Virginia. But some speakers urged the commission include protection for nontraditional sexual identities. Some speakers wanted human rights for all humans. It’s okay to discriminate against anyone not in one of the groups.

While the Daily Progress has had trouble reporting the public and Council’s desire that the commission apply to the urban renewal agency, Charlottesville Redevelopment and Housing Authority since 1954, that issue came up again tonight. Councilors talked about “systemic and institutional discrimination.” The agenda materials specifically mention the urban renewal agency. The ordinance applies to entities “public and private.”

But the ordinance is a weird animal where parts of it would be approved by a future Council. You can read all about it on pages 23 to 32 in the agenda below. The vote to move the ordinance to an actual second reading occurred after I stopped watching.

And finally, race came up again. At the last meeting Brandon Smith claimed the downtown violence is mostly black on white. The mayor, Occupy Charlottesville Bailee Hampton who doesn’t report crimes, and Councilor Dave Norris rebuked him. John Hayden explicitly stated it tonight but beat around the bush the last couple of meetings where he spoke about the commission.

Tonight Hayden received a salvo of boos and heckles. Norris had statistics ready and waiting to show that whites are far more dangerous than blacks. According to Mark Twain, “There are lies, damn lies and statistics.” Norris is in denial of the race relations currently existing in this and other communities.

It took black man Robert Gates III to stand up for Hayden, his right to say what he believes, and our need to hear what people really think. Gates has spoken at many public meetings over the years. Gates supports the commission although he has talked in the past about non-racial problems holding people back, like not coming to work on time or not even coming to work.

Blair’s Blog is no stranger to racism. I gave a speech in 12th grade to the Black Elks Club on the topic of unprovoked violence. I knew the attackers were black. But I also knew I’d receive similar heckles and condemnation if I told the whole truth. Boyd Tinsley of the Dave Matthews Band won first place. I came in fourth out of four contestants.

Martin Luther King Jr. talked about his dream of judging people on character, not color. He claimed he wanted equal civil rights, not extra-constitutional or superior or supremacist rights. He also said you had a responsibility to act with good character so that others who look like you can be presumed of good character. Let me try to explain the human nature once again.

Let’s say 5 redheaded guys randomly punch me in the face over the course of a few years. Now when I see a redhead, my body goes on alert, my emotional mind equates red hair with danger. But when I see redheaded girls, I don’t get nervous because it’s just redheaded guys who punched me. Now I see and interact with many other redheads but I’m hesitant and remind myself this redhead is a different person than the ones who attacked me.

You can list all the questionable crime statistics you want, but that logic cannot persuade or outweigh what you have witnessed. It doesn’t change how you feel. It does nothing to bring reconciliation between redheads and blonds. Then a few blonds come to Council meetings and expose the redheads targeting the blonds. Nobody there believes you. Meanwhile books are being written and radio shows broadcast, which talk about the red war on blonds.

Some people will call this stereotyping – deriving a rule of expectation based on past experience. Change hair to fire. Can you imagine someone saying you shouldn’t be afraid of fire? Just because all the fires you met in the past burned you, that’s no reason to think this fire will burn you. Change it to anything else, maybe gravity. Just because everything has fallen to the ground in the past, that’s no reason to think things won’t float away if you let go. Change hair color to skin color and ask yourself why one should be protected and not the other.

By not identifying all people as humans with God-given rights, the Human Rights Commission is the definition of discrimination.

12-item, 78-page Council Agenda Feb. 4 2013 with background materials.

Video of Charlottesville City Council Feb. 4 2013.

Councilor Szakos dismisses race violence as conspiracy theory, Jun. 3, 2012. Includes lengthy discussion of race issues.

10-month Study for Human Rights Commission, Feb. 6, 2012.

Update on Water Plan, Human Rights Commission, Aug. 20, 2012.

Race commission postponed, Dialog on Race forever, Dec. 18, 2012.

Mayor shuts down dialog on race, Jan. 7, 2012.

Drone alert, Storm water existence tax

Environmental Pretender Krystel Riddervold and co-conspirator Jean Haggerty.

“On the issue of drones: I’m not feeling it.” – Councilor Kristin Szakos.

Charlottesville, Va. – Three of the five City Councilors agreed to get out in front and pursue a resolution to condemn the use of futuristic sci-fi drones to observe and kill American citizens.

At least 4 of the 12 speakers in public comment, including David Swanson, warned of the 30,000 automated aircraft about to be unleashed by the fascist federal government to violate our civil rights. Ironically City Council is a fascist local government routinely violating our civil rights.

The Storm Water Existence Tax targets only rainfall runoff from human activity. Impervious surfaces are to be taxed. But runoff from fields and forest is exempt. Basically Environmental Bureaucrat Krystel Riddervold argued that, after a heavy rain when the Rivanna rises, all that water comes only from roofs, driveways, parking lots. The pseudo science is deeply flawed.

The so-called utility fee would discriminate against the rich and the poor, treating each differently according to his needs and ability to pay. All of the Council and civil rights opponent Brandon Collins wanted to model this tax loophole on the real estate tax abatement, leftover from Council’s 2006 attempt to dramatically expand its urban renewal powers, which was stopped in the state Senate.

All of the 28 speakers in the selective rain tax public hearing support the goal of maintaining our infrastructure. Most represented special interests and claimed expertise so their statements wouldn’t have to make sense. But some speakers zeroed in on the flawed logic. City Republican chairman Charles “Buddy” Weber pointed out that EPA Phase II requires pollutants be reduced in the runoff. Water is not a pollutant.

The sole purpose of the existence tax is to raise revenue. For those who doubt the City is fascist, there is a massive database of satellite and drone imagery at http://charlottesville.org/gis which shows how impervious you are. One “Billing Unit” = 1,000 square feet of impervious surface. There are 64,000 BU in the city. The average tax would be $55 to $78 per year, according to the state. But one speaker said he’s already been to the site and his tax would be 4 times that.

Water Resources Commander Riddervold described the tax as (1) fee for service, (2) program of services, and (3) dedicated source of funding. “Everybody’s doing it,” she said. To offset the $1.6 million minus the $250,000 annual administration, you would have to drop the real estate tax rate by 3 cents. The Council discussed a combination of funding sources including bonds and the general fund. Last year about $800,000 was spent on storm water upgrades and maintenance.

All the supporters used scare tactics. They all basically declared – I’ll give away my freedom if you take it from everybody else. One lady even said, if the Chesapeake Bay dies, we all die. Besides the Governor has $35 million to spread around to localities that have matching funds.

Rddtervold kept saying the commission working on this issue was diverse because she knows it’s not true. There are less than a hundred people who serve on all the boards and commissions. At the beginning of the meeting, Councilor appointment on boards was re-shuffled as they went down a very long list of boards.

Urban renewal expert appointed to Housing Authority board

Mayor Satyendra Huja replaced Dave Norris as Council’s representative on the public housing, urban renewal board. Believe it or not, Huja has a Master’s Degree in Urban Renewal from Michigan State University. As Huja describes it, his thesis dealt with the effects of the settlement of land AND resettlement of displaced persons. Because of this expertise, Huja was hired in 1973 as the city’s chief urban planner, as the city was embroiled in its largest urban renewal project.

But Huja lied about his credentials during his re-election campaign on the WCHV Joe Thomas radio show, and on other occasions. When asked about urban renewal, Huja claimed Vinegar Hill happened before he came to Charlottesville. This phenomenon has been documented in other local politicians such as Rich Collins, Francis Fife, Nancy O’Brien, Mitch Van Yahres, and others.

Ask a WWII vet about the war and he talks about the Great War of 1914. What psychology would make Huja think he could deny so much tangible, legal, official, and anecdotal evidence? And get away with it? How can you have so much experience and not know anything?

Final Note: I don’t really think Brandon Collins wants to oppose civil rights. But that is in fact what he is doing by supporting the urban renewal agency. Collins should be working to stop Huja and Dave Norris from renting and selling land stolen with eminent domain from so many old ladies, families, minorities, small businesses. Collins should be against discrimination, not a part of it.

Video of Jan. 22, 2013 Charlottesville City Council.

12-item, 78-page Agenda Jan. 22, 2013 with background materials. Includes RWSA quarterly report delivered after 10:55 p.m. when Council took a break at the 4 hour point after the storm water tax.

Mayor shuts down dialog on race

“I think your time is up, sir.” – Mayor Satyendra Huja after Robert Brandon Smith said most of the downtown violence is gang-related and blacks targeting whites.

Charlottesville, Va. – The real dialog on race finally came to City Council Monday night. In public comment some stereotypes were shattered while others were reinforced.

The first speaker, caucasian John Hayden said he was “insulted” by the proposed Human Rights Commission. There’s no Ku Klux Klan here. There are no white gangs cruising around looking for random blacks to attack. We need a “2-way conversation.” “I’m afraid Occupy Charlottesville has taken over the City Council.”

Hayden looked like a combination of ZZ Top and a banjo-playing, blue-grass loving redneck – the stereotypical racist and last group it’s okay to be racist against. But his remarks were organized and well spoken. City Council wants to use the Human Rights Commission to shift blame for racism away from City Council and city government, and target private employers and private landlords for imagined racism.

The fourth speaker, black Kenneth Jackson called out Hayden and got loud saying “There is still discrimination.” “The Human Rights Commission fell on its sword,” fell short. “We have not heard from you,” City Council. Are you hoping this will go away and the city will get another award?

Jackson said he had come to speak about missing person Dashad Smith. Police have not done enough because Dashad is black and gay. “Don’t let this die.” We’ll be here every week until something is done.

Jackson lives up to many stereotypes of black men. Jackson has a violent past, which includes stabbing someone. But he redeemed himself by straightening out his behavior and running as a Republican in the 2004 City Council campaign. The Democrats and Waldo Jaquith had a field day stereotyping Jackson as violent black man. Waldo tried to claim the harsh, discriminatory rhetoric was based on Jackson’s actions, not on his race. Although Jackson said in 2004 and again tonight that his neighborhoods have been torn apart, he didn’t connect human rights to City Council.

The tenth speaker, caucasian Robert Brandon Smith said every week he talks to people who have been attacked by gangs in and around downtown. Bike patrols have been discontinued, officers transferred. Many of the panhandlers are not homeless, but have a home and government subsidy check. This gang activity is happening “on your watch,” City Council, and most of the violence is black on white.

This is when Mayor Satyendra Huja shut him down. “I think your time is up, sir.” The mayor was sending a message to the community that talking about blacks being racist against whites will not be tolerated. But you can say whatever you want about whites being racist against blacks as long as you don’t pinpoint racist actions and policies of City Council members.

The eleventh speaker, caucasian Bailee Hampton was angered by the tenth speaker’s remarks. “I’m sick of hearing blatant racist things,” said Hampton. She said she was robbed at gunpoint last month at 4th and Water Streets but didn’t report the crime to police. Hampton didn’t reveal the race of the robber, indicating it was a black person she’s protecting by not reporting. The streets are less safe today because Hampton shirked her civic responsibility.

Several other speakers talked about the rising crime in north downtown as homeless people have flocked here for the social benefits. The ninth speaker said, “I don’t see how you [Council] can turn a blind eye” to the public safety problems playing out right here. The sixth speaker said he and his wife moved here thinking it was a safe place based on the city’s glossy image promoted outside of the city.

A couple people who claimed to be homeless spoke in public comment also. But apparently, so many people are faking homelessness that the legitimate homeless are now suspect.

Council comment was interesting. Satyendra Huja didn’t have anything to say other than keeping Council focused and not talking about worksessions. Dede Smith said the different perspectives were “fascinating,” pretending to be unaware of the race war.

Kathy Galvin said we need to take seriously public safety issues. In response to Jackson’s complaint, she wanted an official list of missing persons but not the names, just demographics and numbers to see the patterns. How do you find a missing person without knowing the person’s name?

Kristin Szakos, who exposed herself as anti-black and anti-white in a June 1, 2012 letter to the Daily Progress, stayed away from race tonight. She addressed the law and order question as she has addressed race in the past – nothing special about north downtown, burglaries and home invasions happen in all neighborhoods. Szakos referred people to the city website for fake crime statistics even after Hampton said she doesn’t report crimes.

Dave Norris thanked the eleventh speaker for criticizing the tenth speaker’s testimony of the public safety issue. We shouldn’t cast aspersions on race. “You called that out,” Bailee. Norris also said he wants to “expand the stock” of urban renewal properties without using the term “urban renewal.”

In other matters

At the beginning of the meeting, urban renewal chairman and city councilor Dave Norris created a new seat on the steering committee for Strategic Investment tax money laundering. He nominated Charles Lewis but gave no explanation of who this person is. Council approved the change unanimously and without any discussion.

Council agreed 4 to 1 to give Habitat for Humanity another $300,000 this time for Belmont cottages. Dede Smith voted no because there’s no guarantee that the money will go to city projects exclusively. According to Neighborhood Services Director Jim Tolbert, Council once gave Habitat $600,000 as well as numerous parcels of “surplus land” using Piedmont Housing Alliance as a middleman.

Council agreed unanimously to raid the urban renewal fund to redevelop some of the public housing and promised to pay it back next year. Just as Congress promised to pay back the Social Security trust fund but never did. The money was set aside a couple years ago but never used because the community does not want to expand urban renewal but Council and the Housing Authority won’t accept that reality.

Video of Jan. 7, 2013 City Council meeting.

Council Agenda Jan. 7, 2013 with background materials.

Resolution 1313: Housing Authority is city agency, Dec. 30, 2012.

Race commission postponed, Dialog on Race forever, Dec. 18, 2012.

Councilor Szakos dismisses race violence as conspiracy theory, Jun. 3, 2012. Szakos exposed for anti-black and anti-white racism in same letter. Also explains how Martin Luther King Jr.’s non-violent message was perverted after his assassination, how Trayvon Martin released all the outrage of (A) black-on-white, (B) black-on-black, and (C) white-on black-violence at once while only C can be expressed as a concern as we saw tonight.

[ CORRECTION: Misspelled names corrected from "Tempers flare amid proposal" online as "Race-related comments disrupt council meeting" by Aaron Richardson, Jan. 8, 2013, The Daily Progress. When I report from live internet, I can't look at the sign-up sheet or ask a speaker to spell his name. So I look at news reports and the council minutes available a couple weeks later so everyone can be visible to a web search.]

Resolution 1313: Housing Authority is city agency

“It is not now a question of whether or not you can come to an agreement that everybody would like. The question is whether you will comply with it.” – Speaker identified only as Mr. Fogel.

Charlottesville, Va. – The urban renewal agency meeting December 20 put to rest any question that the Charlottesville Redevelopment and Housing Authority is a city department under the control of City Council, who appoints the 7 commissioners. All 40 acres of CRHA land is city-owned and acquired by condemnation or threat of eminent domain. Until recently the local agency had federal funding exclusively from Housing and Urban Development, but Council now contributes some money as well as all the land.

However today’s newspaper commentary paints a different picture. Current commissioner and chairman 2005 to 2011 Jason Halbert asserts the city and its urban renewal agency are separate. But at the Dec. 20 meeting Halbert agreed to seek guidance from the entity that controls the board – City Council. It’s as if the commentary was written before Dec. 20, or Halbert is clinging to old, discredited propaganda. (“Housing, growth fight poverty, aid economy” by Jason Halbert, Dec. 30, 2012, The Daily Progress)

Current chairman of the board and chairman in 2002, current city councilor, Dave Norris called the non-binding study proposed for Council a “3-month due diligence review period.” He said CRHA is a political subdivision of the City and the separation is an “artificial wall.” The purpose of the study is to improve effective and efficient management of the housing authority. Apparently the authority has not been studied since its creation in 1954.

Commissioner Joy Johnson claimed former Councilor Holly Edwards had planted the seed of separating the redevelopment arm from the public housing authority. Actually the Daily Progress documents in 3 articles a movement in 1977 to split CRHA in just that fashion. Blair’s Blog has documented for several years Edwards’ opposition to publishing the full housing archives, which allows her to present old ideas as new ideas.

As further proof CRHA is the City, Resolution 1313 was brought forth by Allyson Manson-Davies, Deputy City Attorney. The city attorney’s office represents the city, including its public housing department. In 2007, on request for proof of ownership of Levy Avenue, CRHA employee Randy Bickers gave some deeds but held back on the condemned properties. Upon further request, Barbra Ronan of the city’s legal department gave the full information. Bickers later became executive director and resigned only 2 years later.

Two other items were considered in the 40-minute meeting before the board went into closed session to review Executive Director Connie Dunn’s performance since hired in April.

Resolution 1312 is the Barment Policy to ban and un-ban individuals from public housing sites. CRHA/City attorney Davies said the new policy is “essentially the same” as the old policy. For the lowest level of offenses the banishment is changed to 6 months and the middle tier is changed to 2 years and the most serious offenses become 7 years. There is better tracking of changes in the document and a clean edited version.

Identified only as Mr. Fogel, the lone speaker (except for a Brandon Collins cameo) argued that approving the new policy is one thing, but what about the 400 people on the list now? The problem has two parts: offenders are not being notified under Virginia Code 55-248.31.01 and there is much redundant language.

According to Fogel, the most egregious case was a tenant with kids who wouldn’t cooperate with police because he had been abducted. Not cooperating with police should not be a reason to bar someone, said Fogel. Therefore there’s a problem with the current barment list. The commission should not approve the current barment list unless notice is given. To pass it “would violate your oath of office to follow the law” and make the board susceptible to a lawsuit.

The board passed it unanimously and talked about hiring temporary staff to clean up the list. Private housing operates much differently where everyone is barred from trespassing unless given specific permission. Public housing is public property so there’s an expectation of use by the public even though the property is being used as a private residence where city government is the landlord.

Finally the board wanted to appoint 3 members of public housing in the Garrett urban renewal zone to a steering committee for Strategic Investment. But nobody applied. However Commissioner Johnson said she knew of 10 residents who said they might be interested if they knew more about it. With a sense of urgency, the board was willing to approve whoever Public Housing Association of Residents or the neighborhood association nominated to represent Crescent Halls, South First and Sixth Street public housing sites.

Brandon Collins said PHAR;s next meeting is the second Monday in January. Collins asked if Council is waiting for the names. Chairman Norris said “No, no,” the board just wants to get it done. Apparently rushing things through without notice is tradition and policy for the housing authority.

Related Links

Video of Dec. 20, 2012 CRHA Board Meeting.

“Housing, growth fight poverty, aid economy” by Jason Halbert, Dec. 30, 2012, The Daily Progress. Halbert doesn’t list any sources for confirmation of anything he says. The Daily Progress has a higher standard for letter writers than for public officials whose propaganda undergoes no vetting or fact checking.

“Race commission on agenda” by Graham Moomaw, Dec. 17, 2012, The Daily Progress.

“Race commission postponed, Dialogue on Race forever” by Blair Hawkins, Dec. 18, 2012. Reports CRHA chairman wants Human Rights Commission to apply to the urban renewal agency.

“Human Rights Commission taking shape” by Graham Moomaw, Dec. 19, 2012, The Daily Progress. Does not report CRHA / HRC connection talked about at length during the meeting.

“Housing board mulls overhaul” by Graham Moomaw, Dec. 21, 2012, The Daily Progress. Still no mention of Human Rights Commission to have jurisdiction over the housing authority. Moomaw parrots the story line echoed in today’s commentary by Halbert.

Blair Hawkins calls Schilling Show Dec. 21 to warn listeners not to trust Daily Progress reporting particularly this week regarding Housing Authority and its relationship with the Human Rights Commission. "This was a big week for urban renewal."Podcast 12-21-2012 Hour 1 first call.

“Race relations fight continues” by Graham Moomaw, Dec. 26, 2012, The Daily Progress. Still no mention of human rights and housing authority in same sentence.

The Daily Progress has a well-documented, decades-long, de facto policy to not report housing authority history even if it's in the Daily Progress archives. So each new article is as if it’s the first article on the subject.

Editorial Page Editor Anita Shelburne practically spelled out the policy in two recent editorials: “CRHA must balance goal, public image” Oct. 4, and “Any CRHA study should be flexible” Dec. 23. Balance the goal of truth-telling with the public image of CRHA. Maybe it’s time to scrutinize the agency but any study should be meaningless.

Editor Anita Shelburne is still opposing the Nov. 6 Property Amendment, which passed with 61% in Charlottesville and 75% statewide. “Loophole may hamper property law” Dec. 19. Shelburne is still talking about public use, which didn’t change much. Just Compensation was the major reform, which Shelburne can’t talk about because this is where the law has its teeth.

“Newspaper confuses Va. Eminent Domain amendment” by Blair Hawkins, Nov. 3, 2012. Exposes as false Editor Shelburne’s daring claim that the Daily Progress has a “decades-long history” of supporting private property rights.

Charlottesville Redevelopment and Housing Authority official website contains no history, not even the year the agency was formed (1954).

Housing Authority Blog from May 2009 to October 2011. Comments are closed for all posts. Apparently the blog was the sole effort of Redevelopment Director Amy Kilroy, whose name no longer appears on the official website.

Blog has a history page linking to Historical Society article “A Community in Turmoil: Charlottesville’s Opposition to Public Housing.” The article talks about Vinegar Hill and public school integration. But the article spends most of its words talking about Garrett urban renewal since it was larger and more controversial.

Everything Must Go! June 14, 2011. “[S]ince purchasing the former Walker Garage site [next to Levy Avenue site] last fall, we also inherited a pile of auto repair merchandise that was left behind by the previous owners. This includes things like hydraulic lifts (x5), miscellaneous tools, diagnostic machines, a variety of storage bins and other items of value.”

PublicSurplus.com

City of Charlottesville shows 2 items on auction: HVAC filters at $1 and Aluminum Hydraulic Shoring $500 current bid. Why does the City sell surplus property at auction, but not surplus land?

Public Housing Association of Residents blog. Latest post “Barment and Un-Barment Policy Adopted!!!” Dec. 21, 2012.

Official List of Urban Renewal Commissioners/ Abusers of eminent domain.

1. Ms. Sherri Clarke - Resident Commissioner, Term Expires: 6/30/14
2. Ms. Claudette Green- Commissioner, Term Expires: 6/30/14
3. Ms. Joy Johnson -Resident Commissioner/Treasurer, Term Expires: 6/30/13
4. Mr. Hosea Mitchell – Chair, Term Expires: 6/30/14
5. Mr. Dave Norris - City Council, Term Expires: 12/31/12
6. Mr. Robert Stevens - Vice Chair, Term Expires: 6/30/13
7. Mr. Keith Woodard- Commissioner, Term Expires: 6/30/13

Race commission postponed, Dialogue on Race forever

Charlene Green and Elizabeth Breeden of Dialogue on Race and Brandon Collins in front row.

Charlottesville, Va. – Despite a full chamber enthusiastic for action now, City Council agreed without voting to form a Human Rights Commission with full enforcement powers allowed by state and federal law in late January or February. The 3-year-old Dialogue on Race will likely be institutionalized and re-organized as part of the commission.

One commissioner engaged in grandstanding to assert racism because the school placed her son in an all black class. But it was a class of all black boys. Black girls are not segregated to keep fellow students safe because girls are not acting up as routinely as black boys. Other speakers brought up the idea that non-racial, substantive issues are being ignored.

The enforcement powers mean a commissioner hears the complaint and decides if it’s illegal discrimination, talks to the accused employer (for example), brings the two together for mediation, referrals to other agencies, and whatever’s spelled out in the enabling ordinance. As a last resort the case would be referred higher up the governmental hierarchy. Councilor Dede Smith kept asking what’s the next step. The answer never came.

That’s because we have a dual justice system at every level of government. The courts judge people as individuals without regard to their group status and rule based on fact and evidence, the American system. The legislative branch, such as City Council, judges you according to how people in your group should be treated, the socialist. The courts have equal justice. But tonight the talk was all about racial justice, economic justice, social justice and social equity, redistribution by public hearing. Council tries cases involving eminent domain and housing code violations while parking tickets go to real court.

Councilor Dave Norris was the most ardent supporter of the most hardcore commission. Norris claimed he had voted for the commission in February by voting no for the task force to study it. He repeated the charade of wanting the commission to do all things. But Norris was more organized this time and tried to rattle the commissioners with a tattoo of a dozen yes or no questions mostly about gay rights.

To his credit Norris pointed out at a forum at First Baptist Church that, out of dozens of complaints of discrimination, all but one was legal discrimination. Norris also wanted the commission to apply to the Charlottesville Redevelopment and Housing Authority, which is in “chaos” according to one speaker. Norris is long-time chairman of the board for this agency. So he’s basically asking someone to stop him from the discrimination and illegal violation of eminent domain his job requires.

Councilor Dede Smith also warned the public, “We can’t be relied on” to follow the reports and commissions we authorize. We can’t be trusted to do the right thing. To her credit Smith’s logic brought her full circle. The commission would basically apply to the largest employer in town, which is the city.

But the task force pointed out the commission would only apply to the urban renewal agency or police or city government if the enabling ordinance specifically addresses it.

More than anything we saw how communism works. You have one-party rule. People are divided into groups and labels and not treated as individuals. In public comment there were calls for both. People wanted the homeless to be treated like individual human beings. And others set up false conflict between groups, gays and straights, black and white, native and immigrant, abled and disabled, and on and on.

The Council meeting format is designed to “cool out” the public, release a little steam, make it look like the decision-makers are listening. Most people were there for the race commission. Why didn’t a councilor make a motion to move the commission item to first place when the interested public is actually there? Because the five councilors agree unanimously to deliver poor public service. And now the vote is postponed again?

Early in public comment it seemed the public wanted the commission to target private businesses for the insults, humiliation, lack of respect and dignity. But as the meeting wore on, it became obvious that the biggest transgressor is the city government and its agencies. But newspapers will dutifully report the rosy picture as the infrastructure and vacant buildings crumble.

And community leaders like former Councilor Holly Edwards will work to erase local history and black history by playing games with the urban renewal / Housing Authority archives as documented here and on the Schilling Show talk radio. Communism requires you erase history because, if you knew the past, you would [stop] doing the crazy things that lead to humiliation and poverty. You would stop stereotyping and treat everyone in a way that has equal value.

Elizabeth Breeden of the Dialogue on Race said one of their priorities is to make “invisible history visible.”

Last Tuesday Daily Progress reporter Graham Moomaw deliberately and carefully misled the public on the heritage of Jefferson School. Even the mayor thought the school was the most deserving of a landmark but didn’t know why. The Progress has a policy to make invisible the full heritage. The policy was discovered when the newspaper refused letters giving the original date for the school. What’s the most important date in your life? Your birth date. But for Jefferson School there’s a double standard. More recent dates give the impression there are no earlier dates. But all dates are factually correct when alone and out of context (“Former school transformed, renewed,” Dec. 11, 2012).

The heritage of Jefferson School is it opened 5 years before public schools in Virginia. How hard is that to say? When the human rights commission talks institutionalized racism, will they call up the Daily Progress? Oh wait, that’s legal discrimination.

Update on Property Amendment Results

Thanks to Rob Schilling, who sent me the results he requested from Voter Registrar Seri Iachetta. The amendment passed with 61% of the 66% turnout, making it harder for the government to take your property. The amendment passed statewide by 75%.

Locally about 2 thousand voters skipped the ballot question while 8 thousand voted no to show their support for redistribution of real estate.

I don’t expect to blog again until next year. So Merry Christmas and happy holy days!

Video of Dec. 17, 2012 Charlottesville City Council.

Agenda Dec. 17, 2012 with background materials.

Property amendment weakest where Obama support strongest

Republican “No More Vinegar Hills” poster while Democratic sample ballot urges a No vote on property rights, city results still not available.

Charlottesville, Va. – Tuesday’s election showed Obama supporters less likely to support property rights in Virginia than Romney supporters. While a majority in almost all localities voted Yes on the eminent domain amendment, support was lowest in urban, Democratic areas where the largest abuses have occurred.

While every locality has reported presidential and congressional results, a few are still not reporting results on the ballot questions. Charlottesville is one of those “cooling out the voters” on the property question. A future Blair’s Blog article will count up the No votes to see which precincts have the greatest support for urban renewal in 2012.

For me, the most interesting part of volunteering a couple hours on Tuesday was talking to 79-year-old Mr. Jesse Williams, who has worked politics on Election Day for 30 years.

We were talking about the New Jersey flooding from Hurricane Sandy. Williams said it reminded him of when he lived on Garrett Street. I happen to know that 5th Street is the lowest elevation of the street. So I asked about Madam Marguiretta’s brothel from the 1920s to 1940s. Williams knew the madam and added a few details to what’s been published.

After customer and Sheriff Mac Whitten busted the house of prostitution, the madam was barred from her own house for a year. [When the madam passed away] Clarence Andrews inherited the estate, ran off with a girl and met a tragic end. Williams remembered Andrews being a gambler, not a barber as others have reported.

Andrews bought the girl a brand new Oldsmobile. She ran off with the car but came back some time later, only to leave again but this time without the car. Andrews said, “if I ever find that girl, I’m gonna kill her.” And that’s what happened, murder-suicide.

The fondly remembered madam died in 1951. Her bordello became a home for the elderly. In 1972 urban renewal bulldozers and wrecking balls tore down the house. But the madam had one more surprise. Cash money came flying out of the walls, reportedly in the tens, and possibly, hundreds of thousands.

More recently in 2002 the madam gained new importance as a piece of history to disprove the modern belief that Vinegar Hill is the only urban renewal project in Charlottesville.

Presidential Results by County

Question 1 Results by County

Newspaper confuses Va. Eminent Domain amendment

“[The amendment] may well place government in too tight a straight jacket.” – Writes Editorial Page Editor Anita Shelburne.

Charlottesville, Va. – On Friday The Daily Progress editorial argued that the proposed state constitutional amendment on the ballot Tuesday is too broad and too narrow at the same time. The title says “too broad” and the article says “too restrictive.” Which is it? The newspaper is playing word games. (“Proposed Va. Amendment is too broad,” Nov. 2, 2012.) 

Four days before the presidential election and referendum on property rights, the editorial made the incredible claim: “This newspaper has a decades-long history of supporting private property rights.” Which decades were they?

Yet local blogger Blair Hawkins has spent more than a decade documenting and publishing the opposite view, that The Daily Progress steadfastly supports abuses of eminent domain. How can we both be right? The newspaper supports property rights in the abstract for distant places.

But at the local level they can’t make simple connections such as housing authority = urban renewal = eminent domain abuse…despite an Aug. 20, 2002 letter in the paper making that historical connection. The modern reporting contradicts the paper’s own archives.

It’s like Thomas Jefferson claiming to support property rights while holding slaves. At some level that is hypocrisy.

In the sixth paragraph the newspaper wanted six definitions for eminent domain: (1) public use (2) utilities (3) nuisance (4) gain (5) benefit (6) enterprise. If the primary gain/benefit/enterprise benefits the public, then eminent domain for private gain, private benefit, private enterprise is okay. The article also refers to eminent domain as “public good” and “public goals.”

“But our main concern lies in its prohibition against using eminent domain for ‘economic development.’ The wording is a clear reaction against Kelo. But in practice it may well place government in too tight a straight jacket.” – Writes Editorial Page Editor Anita Shelburne.

Here’s where the newspaper argues that Vinegar Hill had no “economic development” component. If that were true and the project was for the elimination of blight (nuisance), then Westhaven public housing would be on Vinegar Hill. The editorial makes no mention of Vinegar Hill because the paper does in fact support the project, historically and today, but it’s not politically correct to say so. On the same day as the editorial, CBS-19 Newsplex, in the Garrett urban renewal zone, did make the local connection from Vinegar Hill to the property rights amendment.

The newspaper gave the appearance of making local connections. Will the publicly owned Port of Virginia not be able to expand if they can’t use eminent domain for economic development? Will an apple distribution facility in Nelson County not be able to open without eminent domain? In Charlottesville and Albemarle County, the home base of the newspaper, there are no concerns or examples involving property rights issues.

The newspaper agrees eminent domain should not be for economic development. But what about “public economic development?” The problem is not that eminent domain for economic development hurts the economy. The problem is you don’t have “public” in front of the name of the reason you want to use eminent domain.

After saying the amendment is too broad and too restrictive, the final paragraph returns to “too broad, leaving too much room for uncertain interpretations, unintended consequences, and unexpected damages.”

Blair’s Blog agrees the amendment is broad. But it’s more restrictive than the status quo. Therefore I support the 2012 constitutional amendment to reform eminent domain in Virginia. We will have to amend the constitution again in the future on this issue. Failure to achieve perfection should not be a reason to reject something better. Vote Yes on November 6.

Future Reforms for Eminent Domain

The amendment is inherently confusing. The biggest flaw is it refers to “public use” as if everybody knows what that is. It defines what it is (use, nuisance, utility) and what it’s not (economic development, tax revenue, jobs, private benefit).

If it’s not in the list, then what? You change the name of the reason you want to take property. Remember “blight” changed its meaning over time and acquired the new definition: property we want to take without due process for private use. Economic development changed to mean eminent domain project and Supervisor Ken Boyd had to rename his agenda “economic vitality” after arguing vehemently that economic development does not have the connotation of eminent domain.

Everything not prohibited is permitted. That’s what happens when you define terms in the negative. Eventually we must define eminent domain in the positive, what it is instead of what it’s not. We have to define public and use. Everything not permitted should be prohibited.

Possible Future Positive Definition of Eminent Domain:

Public Use is land available to any and all members of the public to use for the purpose it was taken from the private owner for Just Compensation, an amount that would justify bypassing your God-given right of Due Process.

I think this is how the founding fathers intended our system to work or understood the system. Have a strict definition and let the courts create exceptions and exemptions. Here are some examples and problems.

(A) A street or road is a classic example of eminent domain. The road is available to all members of the public to use for the purpose of travel. Any restriction applies to all travelers equally.

(B) Public schools. Technically schools are available only to students, teachers, personnel – not open to the general public. Aware of the abuse (eminent domain for use by a group), schools make themselves available to the true public after hours for classes, sports games, concerts, plays, and even church services. “Public” turns out to be a vague word. The “public use” applies to all members of the public, not individuals or groups.

(C) Utilities. The key here is that water, sewer, electric, railroad is available to all members of the public at equal rates. You’re not physically using the land, but everyone in any group can use the service. Utilities are often easements where private ownership and public use co-exist. When the public no longer has use for the property, such as decommissioning a water line or rail line, the property continues its rightful ownership without the nasty business of selling “surplus public land.”

(D) Why “land” in the definition instead of “property?” Property is so vague as to mean anything from land to people to money to real estate to intellectual property to – get ready – an NFL football team. Yes, the Colts fled to Indianapolis in the middle of the night after Baltimore threatened to use eminent domain to take over the team a few decades ago.

The Single Most Effective Reform to Reduce Eminent Domain Abuse Now:

All surplus public land and property must be sold at public auction.

This reform removes the motivation of seizing agencies to sell to the right person or right type of person. The entire public has an opportunity to participate. That is for a future General Assembly to consider.

Finally, I don’t want to be too harsh on the Daily Progress. I just don’t understand their motivations. It can’t be profit and paychecks and selling newspapers because they’re excluding so many people. They’re on a downward spiral while my blog has arisen drawing most of its energy from the Progress. I thought about listing out the examples and criticisms. But that would be piling on. They’re online and can be easily found.

For the last twelve years the newspaper has been my nemesis, inspiring nine issues of pamphlets, two years writing for Charlottesville Independent Media, and since 2006 Blair’s Blog. Many of those articles criticize the newspaper and seek to set the record straight.

My blog articles are like newspaper articles– but without the newspaper. What is newspaper style writing? “The news that's fit to print.” If you only had space for one sentence to tell a story, put that sentence first. I didn't really understand how effective that is until I heard Joe Thomas on WCHV AM-1260/FM 107.5 read the first sentence of the story on evictions from public housing.

It’s as if I am the Editor of the Daily Progress, who delivered the paper as a teen, writing on difficult, abstract issues to show my young writers the process of good journalism. At the same time I’m trying to write articles that people will cut out of the paper and keep. I’m trying to promote the paper and disprove the charges Blair’s Blog has made against the newspaper. I’m trying to grow the readership beyond tourists.

That’s the weird psychology playing out with me and my hometown newspaper. Without the paper as my nemesis and Anita Shelburne as my mentor, I would not have grown and become the powerful writer I am today.

Va. Eminent Domain Amendment and the War on Due Process. Sep. 9, 2012.

Vote Yes November 6 to make it harder for the government to take your property.

Urban renewal director Dunn takes heat for evictions

Director Connie Dunn and Chairman Dave Norris of the city land redistribution department.

Charlottesville, Va. – On Monday Sep. 24 the Redevelopment and Housing Authority (urban renewal agency) 7-member oversight commission declared a 30-day moratorium on evictions from public housing in response to two dozen angry speakers, recent news coverage of controversial evictions, and a memo from former city council candidate Brandon Collins outlining the new eviction policy.

The latest executive director since April, Connie Dunn stood her ground. Dunn said the agency has had fewer evictions under her tenure than there were last year. Currently there are 17 or 18 units that could be evicted because they have 3 strikes but are not since they are paid up.

The board also approved a Declaration of Trust on Real Estate Assets as required by Housing and Urban Development, which financed urban renewal of Vinegar Hill 1960s and Downtown Extended 1970s. The vote occurred at the end of the 2 ½ hour meeting. Presumably the Authority is using the land seized decades ago as leverage for more money to fund the now-stalled redevelopment planned for the 376 official public housing units, not counting Garrett Square and Blue Ridge Commons.

Analysis – Slaves want dignity on the plantation

Believe it or not, this was the first CRHA meeting I’ve watched from start to finish. The analogy with the plantation is the only way I can make sense of the rest of the meeting.

Imagine the plantation has public comment once a month. So some slaves complain they are treated without dignity when evicted from slave housing. Some threaten race riots and play the race card. And some say how well Master has always treated them. But none demand freedom and independence.

Master is a corporation with a 7-member board who hire an executive director to run the whole plantation. But there are also property managers, eviction prevention officers, maintenance personnel, rules and regulations. The slaves complain constantly that Master’s documentation does not match reality. The slaves say one thing. Master says another.

They complain about living conditions. The elevators at Crescent Halls don’t work. Playgrounds are locked out because they’ve been vandalized and set on fire with gasoline. Mold and mildew are everywhere. Slaves pay a fee when they file a work order to repair the slave quarters.

One lady never calls for service so her unit is falling down around her. They talked of grievances, unlawful entries, “bar-ment” policy to ban individuals from the plantation, lights and cameras because cars and mopeds are being stolen from the parking lot.

Theresa Stinnie warned that frustration and anger have already triggered race riots on West Main at the former Safeway grocery store next to Westhaven public housing “ all because the cry was not heard.” It’s a “generational curse” because Stinnie’s ancestors lived on Vinegar Hill.

To address the problems of slavery, director Dunn said staff will undergo “sensitivity and conflict resolution training.” We need to better clarify the rules and regulations, which forms are for what, who should refer who to who and for what. The bureaucratic mindset and blind obedience to rules were on display while major rules were ignored. The slaves don’t want freedom but rather to better understand the rules so they can live peaceably.

No one mentioned the institution of slavery might be the problem. The plantation staff will always say one thing and do another. The expectation that you should be able to trust the plantation staff, who are benefiting from your enslavement, is bizarre.

Change slavery to urban renewal, and you have the same processes playing out, tenants expecting trust from the staff renting out land stolen for private use under the power of public use. It’s insane to build trust on a foundation of fraud and expect the fraudsters to follow rules but not the law. Unrealistic expectations will always cause frustration and anger.

Video of the Sep. 24, 2012 meeting of Charlottesville Redevelopment and Housing Authority. You have to see for yourself the “vitriol” at these meetings, as described by former Councilor Kendra Hamilton who called for more urban renewal in Jan. 2005.

“Head of housing under fire” by Graham Moomaw, Sep. 30, 2012, The Daily Progress. Latest propaganda piece for Housing Authority.

“The remake: Housing Authority hires new executive director, partners with city on redevelopment” by Graelyn Brashear, Apr. 24 – 30, 2012, Cville Weekly.

Blair’s Blog – More details and discussion of Charlottesville’s urban renewal than any other location.