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Lawmakers Create The Black, Indigenous, And People Of Color Historic Preservation Fund

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A new state fund could give the Patawomeck Tribe a chance to reacquire tribal land and help protect battlefield sites throughout the state where Black soldiers fought and died.

“If there were any way that we could ever get anything back, we would want to see about getting a piece of that tract of land… where our main village was,” said Minnie Lightner, administrative assistant of the Patawomeck Tribe.

The tribe wants to acquire land in Crow’s Nest, in Stafford County, Lightner said.

Del. Delores L. McQuinn, D-Richmond, introduced House Bill 141, which lawmakers passed unanimously at every step in each chamber. The measure establishes the Virginia Black, Indigenous, and People of Color Historic Preservation Fund. Money from the fund will go to eligible state and federally recognized tribes, nonprofits and localities. The fund will be made up of state money, gifts and donations.

Former Gov. Ralph Northam proposed $10 million over two years in his outgoing budget to bolster the conservation fund. The final state budget has not been finalized.

The historic preservation fund will protect cultural and historic lands. Such lands range from hunting grounds to sacred sites and villages around the Chesapeake Bay. The bill also helps groups preserve schools, churches and archeological sites. The grants from this fund will be managed by the Board of Historic Resources, according to the bill.

Chief Ann Richardson giving a public testimony in support of HB 141. Image via VCU-CNS.

“It will impact the tribe in allowing the tribe to protect sites that need to be protected, and that is huge for the tribal people and future generations of those tribes,” said Chief G. Anne Richardson of the Rappahannock Tribe, located on the tribal land Indian Neck in King and Queen County.

A proposed water pump station in Rassawek, the capital of the Monacan Tribe, was one catalyst for the creation of the bill, according to Richardson. The Monacan Tribe uses the land, located about an hour’s drive west from Richmond, for gatherings and ceremonies.

The James River Water Authority proposed in 2014 the water pump station in Rassawek. The organization announced plans this month to locate the station elsewhere after opposition from tribes, citizens and preservation organizations, according to the nonprofit National Trust for Historic Preservation.

The fund could be used to preserve sites where Blacks fought and died during wars which include the Civil War, Revolutionary War and War of 1812, according to Alexander Macaulay, a lobbyist for the American Battlefield Trust, an organization that preserves battlefields and educates the public. The sites are not properly protected and more needs to be done, he said, and the fund will help.

The state legislature doesn’t have a grant dedicated to preserving culturally historic sites for communities of color, McQuinn said. The General Assembly has previously created similar funds regarding preservation of farmlands and outdoor areas, including the Virginia Land Conservation Fund, Virginia Battlefield Preservation Fund and the Virginia Outdoors Foundation Preservation Trust Fund, according to McQuinn. 

Sen. Ghazala F. Hashmi, D-Richmond, introduced an identical bill in the Senate, which also was approved by both chambers and unanimously in the House. Thirty senators voted for the measure, while 10 opposed it. 

Blessing of the Capitol Grounds by Representatives of Virginia’s Indian Tribes. Photo via VCU-CNS.

McQuinn’s bill would help sites that cannot compete or do not meet the qualifications for many existing grant programs, according to Elizabeth Kostelny, CEO of Preservation Virginia, a group that seeks to protect historic communities.

The Patawomeck Tribe in Stafford County is currently building a tribal center and museum on Little Falls, which is farmland from a 20-acre lease slated to open mid to late July, according to Lightner. The space will house artifacts that the community can see and allow for an experiential interpretation of history akin to Jamestown, Lightner said. The Patawomeck Tribe is thankful for the legislation but are prioritizing the need to be federally recognized, which has taken about four years, according to Lightner. 

As chief, Richardson oversees administrative, programmatic, political and social issues for the tribe. Richardson testified in favor of the bill before a House subcommittee. The archaeological and historical sites in her tribe’s villages and towns along the Rappahannock River have been plowed over and there is a need to preserve those lands, as they are part of Virginia’s history, she said.

The Virginia Department of Historic Resources created the Virginia’s Comprehensive Historic Preservation Plan for 2022-2027, which outlines the department’s goals for the upcoming years on preserving lands with historic and cultural significance.

Richardson was grateful to the legislators who helped pass the bill in both chambers.

“It shows one that they respect us as people, that they honor the legacy and what we’ve contributed to this country, and that our ancestors lie in those lands — their bones,” Richardson said. “It’s a respect to them that we have for a long time been overlooked. They’re acknowledging that, and they’re willing to help us protect those places.”

Written by Monica Alarcon-Najarro, Capital News Service. Top Photo by Chesapeake Bay Program.

Virginia Lawmakers Establish More LGBTQ Protections

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This year’s General Assembly session, the second in which Virginia’s legislative body has been under Democratic control, saw further improvements over last year’s already outstanding push for LGBTQ equality.

The Democratic-controlled Virginia General Assembly worked in its second year to establish more protections for LGBTQ people. 

Lawmakers tackled LGBTQ inequity in criminal justice and health care, reforming laws that advocates said were rooted in discrimination and could block access to needed services. An advisory board will be established to continue Virginia’s work with the LGBTQ community. 

Though some key legislation failed, advocates said the state is moving forward.

“Virginia continues to be a safer and more welcoming place for LGBTQ people and their families,” said Vee Lamneck, executive director of Equality Virginia, a nonprofit that advocates for LGBTQ people. “This is the second year in a row that we have seen significant life-changing legislation passed.”

Aging LGBTQ community

House Bill 1805 was introduced by Del. Dawn Adams, D-Richmond, to help ensure “that LGBT older people and people who are older living with HIV don’t fall through the cracks.”

 The bill expands on the federal Older Americans Act and calls on the state’s Department of Aging and Rehabilitative Services to prioritize older persons with significant social and economic needs. 

The bill defines economic needs as being at or below the poverty line. Social needs are caused by noneconomic factors such as physical disability, including HIV, or mental disability, the bill states. Social needs can arise from isolation, including isolation related to a history of discrimination. Such factors include language barriers, race, gender identity, gender expression or sexual orientation which affect an individual’s ability to perform daily tasks or threaten their capacity to live independently.

 “Sometimes having faced lifelong stigma and discrimination, sometimes at the hands of government and other providers, means that these populations have trouble accessing the assistance they need as they grow older,” Adams said. 

Adams said she has experienced discrimination as an LGBTQ individual, and she has witnessed it as a health care provider.

“What I can tell you as a 56-year-old lesbian, is that I am still shrouded in shame,” Adams said during a January committee meeting. “When I would go to the doctor 10 years ago, I would leave in tears.”

Del. Dawn Adams, D-Richmond (Photo via CNS)

Lamneck, who spoke in support of the bill, said there is a trend across the country and in Virginia of LGBTQ older persons “going back into the closet as they age because they are afraid of being mistreated.” Some LGBTQ individuals hide their sexual orientation when entering an assisted living facility, Lamneck said.

“We see LGBT older adults not accessing programs and services like Meals on Wheels,” Lamneck said. “Then Black and Latinx LGBT adults experience even higher marginalization resulting in even lower access to these services than white LGBT older adults.” 

The General Assembly also passed the companion bill, Senate Bill 1316, introduced by Sen. George Barker, D-Alexandria.

Criminal Justice Reform 

Virginia lawmakers passed several criminal justice reform bills that bring state law in more alignment with public policy.

HB 2132 introduced by Del. Danica Roem, D-Manassas, bans the use of a “gay panic defense” in cases where a defendant attacks a person for being a member of the LGBTQ community. The defense has been used in several Virginia cases, most recently in 2011. The defense was also used, albeit unsuccessfully, in the 1998 Matthew Shepard case.

“LGBTQ+ people are being violently harmed and viciously murdered simply because of who we are, and the noxious LGBTQ ‘panic’ defense allows attackers to escape the criminal sentences that would otherwise be imposed on them,” Wes Bizzell, president of the National LGBT Bar Association, stated in a press release.

Virginia is the 12th state to pass legislation that bans this defense, according to the policy organization Movement Advancement Project. The defense is also banned in the District of Columbia.

Del. Danica Roem, D-Prince William (Photo via CNS)

SB 1138, sponsored by Sens. Mamie Locke, D-Hampton and Jennifer McClellan, D-Richmond, repealed the crime of donating blood, organs and tissue by those who have HIV. Donors must be in compliance with the HIV Organ Policy Equity Act. The measure also removes HIV, AIDS, syphilis and hepatitis B from the list of infectious biological substances under the current infected sexual battery law, opting to use the language “sexually transmitted infection.”

The bill sought to reduce the felony charge of infected sexual battery for people who engage in risky sexual activity after testing positive for a sexually transmitted infection. The crime is punishable by a Class 6 felony, which carries a punishment of no more than five years in prison or a $2,500 fine. The Senate voted to lower the Class 6 felony to a Class 1 misdemeanor. The House rejected this and the final bill was passed with the felony penalty intact. 

Organizations such as Equality Virginia and Ending Criminalization of HIV and Overincarceration in Virginia, known as ECHO VA, petitioned Northam to amend the bill and remove the felony penalty.

HIV discriminatory laws have historically been used to single out members of the LGBTQ community since the beginning of the epidemic when the virus was known as the “gay plague,” according to Avert, the national HIV and AIDS research organization. These laws have also resulted in a stigma against those living with HIV, regardless of sexual orientation.

Advisory board

HB 2130, introduced by Del. Alfonso Lopez, D-Arlington, creates a Virginia LGBTQ + Advisory Board in the executive branch of state government. The executive board will advise the governor on the economic, professional, cultural, educational and governmental links between the commonwealth and the LGBTQ community.

The 26-member board is modeled after the existing Latino Advisory and Asian Advisory boards, Lopez said. The governor will appoint 21 non-legislative citizens to the board; at least 15 of the members shall identify as LGBTQ.

“In just the last decade, Virginians ended marriage inequality, passed legislation that banned anti-LGBTQ discrimination in housing and employment, and won the right to get licenses and IDs with a nonbinary gender marker, but there’s still work to do,” Lopez said to members of the House in January. 

Marriage equality 

House Joint Resolution 582, introduced by Lopez and Del. Mark Sickles, D-Fairfax, repealed outdated language in the state code that was invalid as a result of the 2015 U.S. Supreme Court decision in Obergefell v. Hodges. Virginia’s current law defines marriage as a union between only one man and one woman. 

Senate Joint Resolution 270 is complementary to HJ 582. The resolution redefines marriage as a fundamental right, rather than a union between only one man and one woman. 

Lawmakers in both chambers crossed party lines to vote for the bills. Lawmakers passed legislation last year that removed the same-sex marriage ban from Virginia’s Constitution. The repeal came six years after same-sex marriage became legally recognized in Virginia and five years after it was legalized across the country.

Failed bills

Several LGBTQ-centric bills were introduced this session that did not make it to the governor’s desk. 

LGBTQ adoption

Del. Mark Levine, D-Alexandria, introduced HB 1932, to keep foster and adoption agencies from refusing to place children in LGBTQ homes because of religious or moral convictions or policies. Agencies who refuse LGBTQ couples are protected from legal consequences under the state’s “conscience clause.” This law applies to private and state-licensed agencies. 

Del. Mark Levine, D-Alexandria (Photo via CNS)

Virginia funds foster and adoption agencies despite the conscience clause. A similar law exists in other states where federally-funded agencies can deny same-sex couples and non-Christian couples. Levine said the state should not be required to fund these organizations and that if an agency discriminates, they should “do it on their own dime.”

Levine said the current law harms LGBTQ kids and sometimes leaves them placed in homophobic environments.

“It basically tells kids ‘you’re unwanted, you’re unloved, you’re not good enough,’” Levine said. “It just consigns people to this hierarchy of ‘straight is better than gay’ whether it’s the kids or the parents.” 

Adoption agencies are not required to note on their website or any other forum whether they do not place children with certain families. 

“If you’re actively practicing religious discrimination, list it,” Levine said. “At least tell the public what you do.” 

The House narrowly passed the bill, but it was left in a Senate subcommittee. 

Bias-based profiling

Levine’s bill to expand the definition of bias-based profiling to include sexual orientation and gender identity also narrowly passed the House but faltered in the Senate. Bias-based profiling is when a police officer takes action solely based on an individual’s real or perceived race, age, ethnicity or gender.

 HB 1948 required officers to report certain behavior among officers. Any officer who discriminated against or witnessed another officer discriminate against any individual without reporting it would be subjected to disciplinary action. The original bill also required on-duty law enforcement officers who witnessed a person suffering from a bodily injury or life-threatening condition to provide immediate aid.

Law enforcement testified against the bill during a Senate committee meeting. Sen. Chap Petersen, D-Fairfax, argued that the original statute, introduced and passed during the 2020 special session, addressed the issue of “driving while Black.” Petersen said he was unaware of an issue of “driving while gay.”

Almost 30 percent of transgender people reported being harassed by police, according to the National Transgender Discrimination Survey. Transgender people of color are six times more likely to experience physical violence from the police compared to white cisgender survivors and victims, according to a 2013 study by the National Coalition of Anti-Violence Programs. 

Hate crime expansion

Sen. Ghazala Hashmi, D-Chesterfield, introduced SB 1203, to expand the definition of hate crimes to include crimes against people based on perception. 

Lamneck said expanding the categories within the hate crimes law will ensure diverse members of the community are protected and that those who commit violent crimes are held appropriately responsible. 

Opponents of the bill said it was too broad and could be misused. The bill died in committee when four Democratic legislators crossed party lines to vote against it. 

Hashmi and Levine will consider reintroducing their failed bills next session.

Lamneck said Equality Virginia will host an event this spring or summer to hear from the community about legislative priorities for the next session. 

Written by Cierra Parks, Capital News Service. Top Photo: Man holding pride flag; photo by Brianna Swank from Pexels.

Virginia Asian Communities, Lawmakers React To Rise In Targeted Violence

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In the wake of the Atlanta shooting and other hate-fueled attacks against Asian Americans, Central Virginia’s Asian American community are coming together to stand up against violence and racist stereotypes.

White signs reading “End Violence Against Asians” and “Stop Asian Hate” illuminated against candle flames outside the Richmond Korean Presbyterian Church. 

More than 60 people gathered recently in Southside Richmond for the candlelight vigil to commemorate the Atlanta shooting victims and to call attention to recent anti-Asian violence.

“We did not want to be here, but we are here because of the hate,” said Mahmud Chowdhury, chairman of the Asian American Society of Central Virginia. “Because of madness in some people’s hearts and because of racism.”

The vigil was one of numerous events across Virginia this past March as communities, advocates and lawmakers came together in response to the murder of eight people in Atlanta. Six of the eight victims were Asian women. Police charged 21-year-old Robert Aaron Long, who is white, with eight counts of murder. 

A “Stop the Hate” rally was held in Richmond’s West End three days after the vigil. Community leaders and dignitaries, such as Attorney General Mark Herring and State Sen. Jennifer McClellan, D-Richmond, spoke at the rally.

May Nivar, who is Asian American and chair of Gov. Ralph Northam’s Asian Advisory Board, said she attended the vigil to show support for her community. 

“It’s important that we all stand together and stand not only together amongst our own community but also with other marginalized communities,” Nivar said. 

Nivar also is a founding member and chair of the Asian & Latino Solidarity Alliance of Central Virginia and member of the Richmond chapter of Virginia Center for Inclusive Communities. She said fundamental local and federal legislative changes are needed to address anti-Asian discrimination. 

“These vigils, they help bring the community together when we’re hurting,” Nivar said. “However, the real change has to come at the root cause. And that’s racism.” 

These changes, Nivar said, include anti-racist policies in government and education, such as teaching the history of minorities. She said white supremacy plays a part in the absence of teaching the history of marginalized communities in schools, such as African American and Asian American history. 

Nivar said the Asian American and Pacific Islander community also needs to internally reflect on its part in addressing systemic racism and striving for substantial changes.

“We need to work with ourselves,” Nivar said. “There’s a lot of anti-Blackness in our community. There’s a lot of colorism in our community. There’s a lot of layers to unpack.”

State legislators recently formed a caucus to advocate legislation for Asian American and Pacific Islanders in Virginia, which the founding members said was partly a response to recent anti-Asian hate crimes.

Del. Kathy K.L. Tran, D-Springfield, said the movement to combat Asian hate is part of a larger racial and economic justice movement. 

The caucus plans to work alongside the Virginia Legislative Black and Virginia Latino caucuses to push out legislation to “achieve our common goals of a more equitable future for Virginians.”

Tran was overcome with emotions as she reflected on the surge of violence against Asian Americans in the past months.

“It’s as if we have been so othered, that we’re at the point that we’re dehumanized,” Tran said, “and that you could be cruel against us. You can be a bully against us, because nobody’s going to stand up to help us.”

Days after Tran’s remarks, a Filipina American woman was brutally attacked in New York City during the day. No one intervened.

Tran’s family came to the United States as refugees from Vietnam. Her family dealt with discrimination and microaggressions when they moved to the U.S, she said.

“I’m thinking about my own experience and unpacking that,” Tran said. “That’s hard. It’s just a lot of trauma.”

Candlelight vigil at the Richmond Korean Presbyterian Church on March 20. Photo by David Tran.

Del. Kelly K. Convirs-Fowler, D-Virginia Beach, said the Asian American community has a long history of enduring xenophobia and racism. Convirs-Fowler, who is of Filipino descent, added the Asian American and Pacific Islander community will not be a scapegoat. She rejected the notion that the group is a model minority, a stereotype that paints Asian Americans as hardworking and economically successful compared to other ethnic minorities. She said the caucus formation “symbolizes a shift” in Virginia’s Asian American community.

The caucus members do not have a firm list of policy agendas, but they will have a virtual listening tour in April to gauge issues and concerns in the Asian American and Pacific Islander community. They will virtually meet with the public in Northern and Central Virginia and Hampton Roads.

Del. Suhas Subramanyam, D-Ashburn, said the caucus will incorporate the feedback into its policy agenda, which it plans to release in May, coinciding with Asian American Pacific Islander Heritage Month. The caucus will pursue specific legislation during the 2022 General Assembly session.

Del. Mark L. Keam, D-Fairfax, said he wants to improve language access at government services for Asian Americans and others who do not speak English. He said non-English speakers are not getting vital information about COVID-19 vaccine distribution or unemployment insurance claims due to the lack of language assistance.

While Atlanta law enforcement have not declared the killings a hate crime, many Asian Americans believe the shootings are another example of the spike in anti-Asian violence since the start of the COVID-19 pandemic. 

Advocates and lawmakers have linked the hate crimes to rhetoric blaming the Asian community for COVID-19. Many attribute the origin to former President Donald Trump’s usage of the terms “Chinese virus” or “Kung flu” to describe COVID-19.

“The past administration in the White House frequently sought to demean and dehumanize,” the Asian American and Pacific Islander community and didn’t respond to growing attacks, said Sen. Ghazala Hashmi, D-Chesterfield.

Hashmi introduced a bill this legislative session to expand the definition of hate crimes to include attacks based on the perception of a person’s identity. The bill failed to advance.

Tran said anti-Asian hate crimes may go unreported because most people are afraid to come forward. 

“They might not have the language abilities, the trust of law enforcement, and they just don’t know how to report,” Tran said. 

Subramanyam said he received calls and emails from Asian Americans, especially South Asian Americans, reporting hate incidents to his office because they feel uncomfortable reporting to law enforcement. 

There were 215 reported victims of anti-Asian hate crimes in 2019, according to an FBI hate crime statistics report. Anti-Asian hate crimes increased nearly 150 percent from 2019 to 2020 in 16 major U.S. cities, according to a Center for the Study of Hate and Extremism report.

Almost 50 hate incidents against Asian Americans occurred in Virginia since March 2020, according to a report by STOP AAPI Hate, a group that tracks hate incidents against Asian Americans. The organization uses the term hate incident to account for incidents motivated by bias that might not be legally defined as a crime, such as racist slurs. 

Nearly 3,800 hate incidents nationwide were reported to the organization since the pandemic. Virginia was one of the top 18 states with the most reported incidents, joining Maryland and the District of Columbia. 

Reported hate incidents in Virginia were much lower than incidents reported in California, New York and Washington, which accounted for a majority of incidents. The group received almost 1,700 hate incident reports in California. 

The majority of individuals reported verbal harassment, followed by shunning and physical assault. Chinese is the largest ethnicity group to report hate, followed by Koreans, Vietnamese and Filipinos. Women reported more than twice as much anti-Asian discrimination than men, according to the report.

There is a long legacy of anti-Asian racism in the U.S. that is often intertwined with misogyny, experts said. One of the earliest acts of anti-Asian sentiment was the 1871 Chinese massacre in Los Angeles that killed 19 Chinese immigrants, said Sylvia Chong, associate professor of American studies at the University of Virginia.

The Page Act of 1875 denied Chinese women entry into the U.S. due to “lewd and immoral purposes” because “they were seen as a sort of a threat to immigration, but also, they were characterized as not being virtuous,” said Shilpa Davé, associate dean and assistant professor of media studies at UVA. 

Anti-Asian discrimination seeped into laws, such as the Chinese Exclusion Act of 1882 that prohibited all immigration of Chinese laborers. It was the first federal law to bar a specific ethnic group from coming into the country.

Chong and Davé said the U.S. military presence and imperialism in Asia during the 20th century escalated the sexualization of Asian women. Chong said there was “persistent encouragement and use” of the local population to satisfy the military’s sexual needs.

“This introduces to American troops… the notion that Asian women in particular are in the position of sexual servitude,” Chong said. “So this follows people home.” 

This narrative carried over and persisted in American popular culture, in numerous films and musicals, such as Miss Saigon, portraying Asian women as sex objects, Davé said. It created the stereotype of Asian women being “sexually promiscuous or self-sacrificing” which became ingrained in American society.

The Atlanta shootings and recent violence underscore the intersectionality of gender, class and immigration status in anti-Asian racism, Chong said. While there is no indication the Atlanta shooting victims engaged in sex work, she said, Asian massage parlor workers are vulnerable to sexual exploitation. Low-wage laborers, such as massage spa workers, are often exploited and demonized, she said. There is also a narrative that they need to be “saved from their lives,” which is harmful, according to Chong.

“They need to be given the protection to live their lives as others do,” Chong said. “Free from coercion, law enforcement coercion, as well as the random violence, societal violence. This is what any person in society wants.”

Written by David Tran, Capital News Service. Top Photo: A crowd of people at Richmond Korean Presbyterian Church during a candlelight vigil on March 20 to honor the Atlanta shootings victims. Virginian politicians, such as U.S Rep. Abigail Spanberger, Del. Schuyler VanValkenburg and State Sen. Ghazala Hashmi attended and spoke at the event. Photo by David Tran.

Virginia Senate Committee Rejects Hate Crime Expansion Bill

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Sen. Ghazala Hashmi’s bill to expand hate crimes to include crimes based on perception — which would have had the effect of protecting gender expression, not covered under current hate crime statutes — failed in the Virginia state Senate after backlash from both parties.

Legislators attempted to pass a bill that would expand the definition of a hate crime to include crimes against people based on perception, but opponents said the bill was too broad and could be misused. 

The Senate Judiciary Committee passed the bill by for the year late last month. Four Democrats strayed from party lines to vote against the bill after much debate.

The current statute defines hate crime victims as those who are maliciously targeted based on race, religion, gender, disability, gender identity, sexual orientation, or ethnicity. Legislators passed the legislation last year during the General Assembly session.

Senate Bill 1203, proposed by Sen. Ghazala Hashmi, D-Richmond, aimed to ensure that someone who maliciously attacks a person based on their perception of that person’s membership or association within one of the aforementioned groups is held to the same standard as someone who attacks a person they know is a member of one of the groups. Hashmi’s bill also added color, national origin, and gender expression to the list of protected classes.

Hashmi cited an incident during Black Lives Matter protests last summer in which Harry H. Rogers, an avowed high-ranking member of the Ku Klux Klan, drove his truck into a crowd of protesters. Henrico’s Commonwealth Attorney Shannon Taylor said her client, who was hit, was not protected under current hate crime legislation because he is white. She said Rogers drove his truck with the intention to disrupt the protests.

“Our current law looks more at the victim and the victim’s characteristics than it does looking at the offender and his intent,” Taylor said.

Sen. Ghazala Hashmi. Taken from her campaign’s website.

Vee Lamneck, the executive director of Equality Virginia, said hate crimes are more than acts of violence. Such crimes are committed with the intention of inciting fear and dehumanizing groups, Lamneck said.

“Individuals with intersecting identities, especially Black, Latinx and Indigenous LGBTQ people are exposed to higher rates of violence,” Lamneck said. “Redefinition of the categories in this bill will help to further ensure that all diverse members of our communities are sufficiently protected by the law from hate crime violence and that perpetrators of such violence are held appropriately responsible.”

Sen. Chap Petersen, D-Fairfax, said during the committee hearing that the bill was a massive expansion of the current statute. Petersen said the proposed changes would be “pretty far off-field from the original purpose.”

Opponents, including the Virginia Association of Criminal Defense Lawyers, said the bill was too broad and could allow for the exploitation of who was a hate crime victim. Legislators pondered over if this meant a person of color could be charged with a hate crime for assaulting a white person and postulated several scenarios of how the bill could be misused.

Emanuel Harris, a representative for the Black Coalition for Change, called the questioning of the protection of white supremacists puzzling, offensive, and laughable.

“The history has shown that the Black community is the one being intimidated, not the other way around,” Harris said during the public comment portion of the meeting. Harris said the original statute needs to be expanded.

“I am offended that folks brought this and then clouded, or wrapped it up in BLM, and suggested that if we vote against it, somehow we’re not supporting the prosecution of hate crimes, because that is not what we are doing,” said Sen. Joseph Morrissey, D-Richmond. “This bill is offensive in so many different ways.” 

Morrissey was a co-patron for the hate crime legislation that passed in 2020.

Hashmi said Morrissey was approaching the bill from a position of privilege, at which point Senate Minority Leader Thomas Norment, R-Williamsburg, interrupted with an “Oh my God.” Hashmi continued and said the bill addressed race as well as oppressed and terrorized religious and LGBTQ communities. 

Sen. Joe Morrissey questioned several aspects of the bill and said that he found the bill “offensive in so many different ways.” Photo via VCU-CNS

The Anti-Defamation League helped with the bill’s language. Meredith R. Weisel, representing the ADL, said the bill is important because it would help ensure that offenders who are mistaken about the victim’s protected characteristics can still be held accountable for a hate crime under the law.

Brittany Whitley, chief of external affairs and policy with the Office of the Attorney General, spoke in support of the bill along with other citizens and attorneys.

Hashmi said in an email that she hopes to refine the language in the bill and will consider reintroducing it next year. 

“Addressing hate crimes is important for the well-being of our communities: hate crimes are designed to harm and inflict pain on not just the targeted individual(s) but also to intimidate and terrorize entire groups of people,” she said.

Written by Cierra Parks, Capital News Service. Top Photo: June march for Black Lives Matter on Monument Avenue. Photo by Ada Romano.

Projecting A Clear Message

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In Chesterfield County, one couple with strong feelings about the current political climate have begun to express themselves through signs and projections on the front of their house.

A Chesterfield man named Tim Barry — no, not that one — has turned his home into a giant political projector screen.

From a tribute to Ruth Bader Ginsburg after her death to a declaration that “Breonna Taylor Deserved Better” to a projection of Biden’s infamous retort to Trump — “Will you shut up, man?” — Barry’s unashamed political messaging has drawn both support and disdain from his neighbors. 

Tim and Lauren Barry have been involved in politics for a long time, having both worked for political campaigns in the past. Tim now works in public relations for a professional organization. They live in their Chesterfield home with their two young daughters.

Barry says that the first night they projected an image, Ruth Bader Ginsburg had just passed away. 

“That was sort of the impetus to start the projections. We were talking about how upset we were about the justice passing, and the plans the Republicans were making to replace her, and we were upset,” Barry said. “We were angry about the way things were going. We knew we had to do something, and this was something we could do using our combined skills.”

Barry says that his wife, Lauren, is the person who creates the graphics that they project on the house. 

“My wife is a really talented graphics artist,” Barry said. “I do the messages, and she makes them look amazing.”

The projections are not the Barrys’ first political display, however. Earlier in the year, the couple became caught in a battle with the county over a sign in their yard. 

Tim and Lauren erected three large yellow letters in their yard after the killing of George Floyd in May. The letters — which spelled out “BLM” — have been a source of conflict between the Barrys and Chesterfield county officials. A zoning ordinance in the county prohibits residential signs from occupying over 14 square feet of space.

Most of their neighbors, however, have been supportive. The Barrys received a note from one local resident that read, “Goodness… Can I tell you how much this BLM sign means to me?” The note described the lettering as a “huge sign of hope.”

“Our feedback has been 95 percent positive,” said Barry. 

Another neighbor, speaking to Channel 8 News in Chesterfield, said she was surprised that the sign was so “in-your-face,” and said she wished that it said ALM — all lives matter. 

The letters are still securely fastened to Barry’s trees, and he has no intention of taking them down. The process to appeal the county’s decision may take several months, Barry said. 

Unlike the BLM letters in the yard, there are no county ordinances against the projector images. The Barrys start the projector at sundown, and take the image down before they go to bed around 10:30 P.M. Unless it’s raining, they project images every night. 

Tim Barry said that he is afraid of drawing too much attention to the house, in fear that someone who doesn’t like their message will retaliate. 

“I don’t want to go in and make it contentious,” Barry said. “We are genuinely afraid that someone might do something to us.”

However, the house is already gaining popularity. According to Barry, at one point the house had its own instagram page with around 2,500 followers.

Local and state politicians have supported Barry’s messaging behind the scenes as well. When the county first sent a letter to the Barrys, warning them to take down their BLM sign, Tim Barry reached out to state Senator Ghazala Hashimi to ask for support.

“She put us in touch with a senior person from the county,” said Barry. “I’ve kept her office updated on what we’re doing.”

When Barry wanted to put up a projection image in support of congresswoman Abigail Spanberger, he informed her office beforehand so they could give permission. Barry says that other politicians have commented on photos of the house on Facebook.

“People are definitely noticing it,” Barry said. “But no one has asked us to put them up there.”

There was one more thing we had to ask Barry about. Readers of RVA Mag may notice that he shares a name with local musician Tim Barry. Barry says that he’s familiar with the musician, and that he’s encountered people who were disappointed that he wasn’t the other one.

“One time I went and got my hair cut at the barbershop, and people thought it was going to be him,” Barry said. “When I walked in, they were disappointed.”

Photos courtesy Ed Holten and Tim Barry

Democratic Lawmakers Reflect on Historic General Assembly Session

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In the first session in over two decades with the governor’s office and both houses under Democratic control, the General Assembly passed extensive legislation affecting everything from LGBTQ rights to gun control and marijuana decriminalization.

Virginia lawmakers passed over 1,200 new laws in two months, a variety of them in the final days of the 2020 session, which expanded into Sunday evening to accommodate the backlog of legislation.

This session has been the first time since 1994 that the Democrats have controlled both chambers of the General Assembly along with the governor’s office. The House passed 746 of 1,732 bills introduced, while the Senate passed 543 of 1,096 bills introduced, excluding resolutions, according to the Legislative Information System. The number of bills sponsored in the House led to long sessions in both chambers and left the Senate grappling with an approaching deadline. 

In eight weeks, starting with a vote to ratify the Equal Rights Amendment, Democrats worked to overturn close to 30 years of Republican dominance over issues such as gun control, reproductive rights, and voter rights.

They also passed new measures such as empowering localities with the authority to remove or contextualize war memorials and adding LGBTQ protections from discrimination in housing and employment, as well as a ban on conversion therapy for minors, becoming the first Southern state to pass such legisation. 

Seven out of eight major gun control measures supported by Gov. Ralph Northam are on the way to the governor’s desk for his signature. The legislation includes bills that limit handgun purchases to one per month, a background check on all firearms sales, and extreme risk protection orders, also known as the red flag law. 

House of Delegates begins on Sunday March 8, 2020 after lawmakers agreed to an extension of the session the night before. (Photo by Chip Lauterbach/Capital News Service)

Other legislation that passed in the homestretch included decriminalization of marijuana, but efforts to legalize marijuana were squashed, to the dismay of advocates. The decriminalization bill does away with the criminal penalty for simple marijuana possession, instead instating a $25 civil penalty for a person caught with not more than 1 ounce of marijuana. The Senate amended the bill from the original amount of not more than a half ounce.

“For far too long our approach to cannabis has needlessly saddled Virginians, especially African Americans and people of color, with criminal records,” Attorney General Mark Herring said in a statement. “Those days are over.” 

Herring, who pushed for the legislation, said there were 29,000 marijuana possession arrests in 2018. He also said decriminalization is an important first step toward legal, regulated adult use. 

Lawmakers reached a compromise to increase the minimum wage, with a bill that gradually increases the wage to $9.50 in 2021, $11 in 2022 and up to $12 in 2023. Following these raises, the measure is to be brought before the General Assembly for a future vote that must pass by 2024 in order to guarantee that the wage can reach $15 by 2026.

Democrats also pushed through an amended bill that allows access to collective bargaining for public employees — such as teachers and firefighters — in localities where local governments choose to participate. Sens. Bill DeSteph, R-Virginia Beach, and Amanda Chase, R-Chesterfield, criticized these policies, which they said create hurdles for enterprises. 

“We’ve just crushed the small business atmosphere,” DeSteph said in a video posted on Facebook. “CNBC had us as the No. 1 place to do business. We’re going to be in the 20s after this. It’s a very sad day for the commonwealth.” 

Freshman Sen. Ghazala Hashmi, D-Richmond, who defeated one-term incumbent Glen Sturtevant in November, reflected back on her first session.

“It’s been incredible, I have immersed myself in all the issues and critical pieces of legislation that we have had,” Hashmi said. “We have been able to pass some very important bills this year, for immigrant rights and for education, focusing on teachers and higher education, I’ve really enjoyed the work and am looking forward to coming back next year.”

In the House, Democrats held 55 seats to the Republican’s 45 seats. Democrats ushered changes that Del. Lee Carter, D-Manassas, felt will be instrumental in improving the lives of Virginians.

“With the partisan change in both chambers, the question coming down here was: ‘What kind of majority are we going to be?’” Carter said. “Whether we were going to be the type of majority that stood unequivocally for working people, against corporate interests, and decided to make lives better for the people that desperately needed it, or if we were going to be a majority that was content to merely not be as bad as the Republicans.”

Carter said that he was happiest with the outcome of his bill that capped the price of insulin at $50 for a month’s worth.

“I introduced the bill with the cap at $30, the Senate put it at $50,” Carter said. “I’m hoping that the governor will put it back down to $30 or even lower, so we can get some relief to those people who have health insurance but their deductibles and copays are too high for them to be able to afford their insulin products.”

Senators entering chambers waiting for Saturday’s session to begin. (Photo by Chip Lauterbach/Capital News Service)

Del. Danica Roem, D-Prince William, looked back on her third session in the General Assembly with pride, joking that she was able to pass 13 bills for the 13th District. Roem was pleased that her bill, HB 1024, which would establish a statewide cold case database, passed the Senate on the final day of this year’s session.

“This will allow reporters, as well the public in general, to look up every missing persons case, unidentified persons case, and every unsolved homicide in the state that is at least five years old,” Roem said. “This is a huge win for government accountability and transparency.”

Some legislation that moved through the House met resistance in the Democrat-majority Senate, where moderate Democrats sided with Republicans. Three moderate Democrats tipped a Senate panel vote to continue HB 961, the assault weapons ban sponsored by Del. Mark Levine (D-Alexandria), until the next session. 

On Saturday, citing concerns of minority profiling, Senate Democrats helped vote down HB 1439, which would have made not wearing a seatbelt in any seat of a vehicle a primary offense. 

Some Republicans also advanced legislative reform. Sen. Bill Stanley, R-Franklin, passed a measure that will remove suspension of a driver’s license for nonpayment of fines. Stanley also supported a bill granting tenants the power to make repairs on their property and deduct the costs from their rent, with conditions.

Speaker of the House Eileen Filler-Corn issued a statement saying that Democrats were celebrating a “historic, legislative session.”

“This General Assembly session has been historic in the extraordinary progress the House of Delegates has made for Virginians in every corner of the Commonwealth,” Filler-Corn said. “In November, voters called for swift, impactful action to make their communities safer and more prosperous. We have delivered on that mandate.” 

Multiple House and Senate Republicans did not respond to a request for comment. 

Written by Chip Lauterbach, Capital News Service. Top Photo by Chip Lauterbach, Capital News Service.