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Op-Ed: Virginia Must Be For The People, Not Corporations

Richard Walker | April 15, 2021

Topics: campaign finance reform, Criminal Justice Reform, environmental justice, General Assembly, Green New Deal Virginia, Jeff Bourne, Richard Walker, right to work

Richard Walker, candidate for the 71st District of Virginia’s House of Delegates, writes that Virginia “needs more than incremental change influenced by monopoly utilities and corporate interests.”

Virginia must be a Commonwealth built on the rights of all people to clean air and water, economic stability, transparency in government — and one in which their voices are heard. That is precisely why I am running for the 71st District of the House of Delegates — to elevate community voices and bring genuine change to Virginia. The need for change is urgent, as many opportunities to yield impactful legislation for environmental justice, criminal justice reform, and ratepayer protections were denied during the 2021 General Assembly Session. Many of the boldest measures that would most directly move Virginia in the right direction, and recognize the important relationships between environmental, social, and racial justice, were thwarted. 

Our economy and environment are at a critical point. We need more than incremental change influenced by monopoly utilities and corporate interests. We need to take bold action for workers’ rights and to establish a clean energy economy that includes a just transition for workers and protections for environmental justice communities. My opponent, Delegate Jeff Bourne, voted against hearing a bill that would get rid of one of Virginia’s unjust anti-worker laws: the Commonwealth’s “right to work” law, which actually has nothing to do with workers’ rights and everything to do with hindering workers’ ability to organize. Bourne notably cast his vote against the bill despite having claimed to support repealing “right to work” on a questionnaire in 2019.

The Green New Deal Act and Fossil Fuel Moratorium were two more bills that would’ve provided the substantive changes desperately needed to build a clean energy economy with worker and environmental justice protections, but we saw leadership in the General Assembly delay and ultimately deny opportunities for those bills to be heard.  My opponent, Delegate Bourne, declined to co-sponsor both of these bills. 

Environmental justice legislation, created to improve upon 2020 legislation, was made more critical each day as new fossil fuel infrastructure continues to be proposed for Virginia — but was stymied at the last possible moment, when in the negotiating stage between the House and Senate. Environmental justice is not a box to be checked — it must be incorporated into any and all decisions that potentially impact our communities. Bills that could positively impact the entire Commonwealth’s future deserve a chance to be heard.

Another crucial batch of legislation this session dealt with criminal justice reform. Criminal justice reform is incredibly important to me; as a formerly incarcerated individual, I have seen firsthand the barriers awaiting returning citizens, the discriminatory housing practices which prevent access to affordable living spaces, and the complex process for rights restoration. I testified at many committee hearings this session, sharing my knowledge and experience as a long time criminal justice reform advocate. This session moved in the right direction, but unfortunately did not go far enough. The can was kicked down the road for marijuana legalization, potentially pushing the change of legality to 2024 and leaving vulnerability in the law that could disproportionately impact communities of color.

Another major missed opportunity this session was true campaign finance reform. Two bills, one that would prohibit campaign donations from public service corporations, and one that would prohibit campaign donations from any non-tax-exempt corporations, were left in committee and never given a fair hearing. It’s worth noting that my opponent, Delegate Jeff Bourne, declined to co-patron both of the bills. Though Bourne finally ended up pledging against utility donations, his preceding years of taking donations from Dominion, affiliated staff and an affiliated law firm, and Appalachian Power Company, have brought him a total of over $33,000. It’s worth noting that he has not pledged to refuse donations from all corporate interests, fossil fuel interests, and other harmful special interests as I have.

The presence of corporate donors continues to influence state policy for their benefit and not for those in the community. The loud conversation between corporate lobbyists and legislators drowns out the voices of the people. To bring real change, the delegate representing my friends and neighbors in the 71st District cannot be a corporately-backed placeholder.

If bold economic and environmental policies are prevented from even being heard, justice reform moves too slowly to help those unjustly impacted, and corporate donors have influence over legislators, change is urgently needed.

I am excited to help bring that change, and I know that environmental justice is social justice is racial justice — the issues are related, overlap and are all critical. I look forward to the future of this Commonwealth, and welcome the opportunity to bring true change on behalf of the community and for the people of the 71st District. I would be honored if you joined me in support of my run for the House of Delegates in the June 8th primary election, and in bringing truly just legislation to our Commonwealth.

Note: Op-Eds are contributions from guest writers and do not reflect editorial policy.

Photos courtesy Richard Walker

Advocates Frustrated by Democratic Leadership on Police Reform

VCU CNS | February 11, 2021

Topics: General Assembly 2021, Jeff Bourne, police violence, Princess Blanding, qualified immunity, Race Capitol, Scott Surovell, Virginia Student Power Network

The General Assembly has made progress on police reform in Virginia, but for advocates and progressive legislators, passing reform of qualified immunity is an essential piece of the puzzle.

Virginia has made headlines in recent months for criminal justice reform measures but advocates say more needs to be done. They are disappointed that lawmakers in both chambers of the General Assembly recently killed proposals to reduce qualified immunity protections for police officers. 

State lawmakers so far this session have advanced bills to legalize marijuana, remove mandatory minimum sentences, and abolish the death penalty. During the special session called last year, the General Assembly banned police from using no-knock search warrants and chokeholds.

Qualified immunity shields government officials from civil liability while performing duties in their line of work, as long as their actions don’t violate “clearly established statutory or constitutional rights of which a reasonable person would have known,” according to a Congressional Research Service report. 

House Bill 2045, introduced by Del. Jeff Bourne, D-Richmond, would have given citizens the power to pursue damages in state civil lawsuits where their rights were violated by a law enforcement officer. The bill also placed a cap on an individual officer’s liability. Bourne’s proposal was tabled 6-2 in the House Courts of Justice subcommittee. 

Senate Bill 1440, sponsored by Sen. Scott Surovell, D-Fairfax, was a narrower proposal that provided a path for lawsuits when an officer used excessive or deadly force and neck restraints. The bill died in the Senate Judiciary Committee in a 9-5 vote.

Qualified immunity is a federal doctrine established by the Supreme Court in 1982. A state legislature can’t repeal qualified immunity, but proponents of ending the practice have asked local and state governments to create legislation allowing citizens more freedom in pursuing lawsuits against police misconduct. 

During a subcommittee hearing, Bourne questioned opponents of his bill who he said consider themselves to be proponents of constitutional rights and law and order.

“It seems when we’re talking about this, and when we’re talking about people getting hurt and their constitutional rights deprived by law enforcement officers,” Bourne said, “the story becomes different.”

A portrait of Marcus-David Peters sits at the base of the Robert E. Lee monument on June 20. Photo by Andrew Ringle

Princess Blanding is a gubernatorial candidate who has advocated for criminal justice reform since the death of her brother, Marcus-David Peters. Peters was naked and unarmed when he was shot by a police officer on the side of a highway. Peters charged at the police officer who deployed his Taser and then shot Peters at least twice. Peters was experiencing a mental health crisis, according to his family. 

Blanding said eliminating qualified immunity is a necessary step to end discrimination and achieve racial justice in the commonwealth. 

“It’s like no matter what we do to prep our kids, our loved ones, it is still going to be our fate because of the pigmentation of our skin, coupled with the fact that there is no accountability,” Blanding said. “To me, that’s the harsh reality.” 

Kalia Harris, co-host of the show Race Capitol and co-executive director of the Virginia Student Power Network, or VSPN, said she was “extremely disappointed” when a judge dismissed her organization’s lawsuit against local government and local and state police. VSPN said city leaders and law enforcement violated the group’s right to free speech, assembly, and protest. Last June, VSPN students hosted an overnight teach-in outside Richmond City Hall. After several hours, the Richmond Police Department declared the event an unlawful assembly and discharged teargas and rubber bullets at the protesters.

“That night is still on replay in my head,” Harris said during the House subcommittee meeting. “Words can’t explain the trauma that we experienced.”

Blanding said it’s difficult for victims of police brutality to get lawyers to take on a qualified immunity case due to the power of police unions and the relationship of prosecutors to officers.

Blanding also said if the number of positive interactions the public has with officers outweighs the instances of police misconduct, the few suits alleging misconduct should not have an issue proceeding to court. It is important to recognize that police misconduct causes irrefutable damage and changes families lives’ forever, Blanding said.

“What we have to understand is that, when you take somebody’s life, you can’t take out the magic eraser, and erase it and try it again,” Blanding said. “You cannot press restart.” 

Princess Blanding, sister of Marcus-David Peters, speaks to protesters outside the Stuart C. Siegel Center on the first day of the 2020 General Assembly special session. Photo by Andrew Ringle

Harris said the ability to sue law enforcement agents for misconduct was the “bare minimum” of a judicial system that works for everyone.

“It doesn’t mean that they’re going to all be convicted,” she said. “It does mean that folks are able to see their day in court.” 

Police officers do not qualify for qualified immunity if they cannot demonstrate the actions that they took were reasonable, said Wayne Huggins, the executive director of the Virginia State Police Association. He said officers must prove they upheld the U.S. Constitution, the laws of the commonwealth and the policies of their individual department. 

“The word that needs to be focused upon and understood is qualified,” Huggins said. “We have to qualify for that immunity.”

Officers can be denied qualified immunity if the Supreme Court or local federal appeals court finds another officer’s conduct under the same circumstances is illegal or unconstitutional, according to the Institute for Justice. The officer automatically qualifies for immunity if a case with the same circumstances does not exist. 

Harris and Blanding said they hope to see legislation reducing qualified immunity protections introduced again. This is the second time that Bourne’s qualified immunity measure failed. 

Harris said the “Democratic trifecta” means very little to her if Democrats don’t use their majority to pass progressive legislation that voters support. All 100 of Virginia’s House of Delegate seats are up for reelection in 2021. Harris said legislators unwilling to pass comprehensive police reform will face progressive challengers this June. 

“If they’re not passing meaningful legislation, then we have to really push what it means to be blue, and start to think further outside of the box,” Harris said. 

Written by Josephine Walker, Capital News Service. Top Image: “Prison Bars Jail Cell” by JobsForFelonsHub, CC BY 2.0.

Sexual Abuse Reporting Bills Gain Momentum in General Assembly

VCU CNS | February 10, 2020

Topics: Elliott Buckner, General Assembly 2020, Jason Miyares, Jeff Bourne, sexual abuse, statute of limitations, Virginia Trial Lawyers Association

Both bills would seek to give victims of sexual abuse their day in court by allowing more time to file claims after the current statute of limitations has passed.

Two bills recently passed the House unanimously that aim to change the state’s statute of limitations for reporting sexual abuse.

One bill gives victims a two-year window to file sexual abuse claims, if the statute of limitations have passed. The other extends the statute of limitations in adult civil sexual assault cases from two to 20 years.

House Bill 610 was introduced by Del. Jason S. Miyares, R-Virginia Beach. This bill creates a two-year time period, from after July 1 but before July 1, 2022, in which persons can file a claim for injury from sexual abuse occurring before the age of 18, regardless whether the statute of limitations expired. 

“My hope is that this will enable you to have your day in court, and that’s my sincere hope,” Miyares said to victims who have suffered “unspeakable crimes.”

Miyares, a former prosecutor, said that “being in the court system, you can’t help but see” sexual abuse cases. Miyares said that he sponsored the legislation after reading a report from the Pennsylvania attorney general’s office. The report compiled the results of a two-year grand jury investigation into the claims of sexual abuse of children within six Pennsylvania dioceses. Some of the cases included dated back to 30 to 40 years ago and victims were not able to file a lawsuit because the statute of limitations had expired.

“That’s really what first piqued my interest,” Miyares said. “I just thought that was a travesty.” 

Del. Jason Miyares

Miyares introduced a similar bill in 2019. HB 1888 proposed to eliminate the civil statute of limitations for injury resulting from sexual abuse occurring during childhood or incapacity. The bill died in committee. Originally, there was some concern about the 2019 bill being broadly written, Miyares said. 

“I looked at how other states have tackled it and saw that a lot of states were doing a temporary, two-year sub gap where they allowed time-barred claims to be filed,” Miyares said. “And I thought two years was probably an appropriate amount of time to get the word out.”

HB 870, introduced by Del. Jeffrey M. Bourne, D-Richmond, establishes a procedure for victims to come forward in the future and extends the time frame they have to report sexual abuse.

Bourne’s bill allows the accuser 20 years to report sexual abuse that occurs on or after July 1. This expands the statute of limitations to 20 years from when the sexual abuse was discovered, for example in counseling. Currently, this 20-year window applies only if the act occurs while the person is under the age of 18, according to lawyer Elliott Buckner, who helped create the bill.

The Virginia Trial Lawyers Association is a voluntary bar association with approximately 2,000 members. The group works to improve the state’s justice system.

The VTLA wrote HB 870 and searched for a patron, according to Buckner. Buckner, a lawyer for the Breit Cantor law firm in Richmond, said he was interested to help prepare a bill like this after an experience with a prospective client. He said his client had “the courthouse doors shut on her” because of the current law. 

Del. Jeffrey M. Bourne

Buckner said that his client was groomed as a minor and that there were “repeated and specific acts” that mentally and emotionally conditioned her for the sexual abuse that occurred later.

“Because there was no sexual abuse when she was a minor, there was no extension of statute of limitations to bring a claim and there should have been,” Buckner said. 

Buckner said his client was never able to have her day in court.

Both bills are now in a Senate judiciary committee.

Written by Rodney Robinson, Capital News Service. Top Photo via VCU-CNS

As Virginia Grapples With Gun Violence, School District Looks for Solutions

VCU CNS | October 7, 2019

Topics: General Assembly, gun violence, jason kamras, Jeff Bourne, Levar Stoney, Markiya Dickson, Ram Bhagat, richmond public schools

At a town hall held by Richmond Public Schools, city officials came together with parents to discuss solutions to gun violence, which disproportionately affects black males in Virginia.

In Virginia, where the annual number of firearm-related deaths paces the national average, black males are disproportionately the victims of gun-related violence. The state’s capital, Richmond, had the highest rate of gun-related homicides in the commonwealth each year between 2013 and 2017. 

These stats aren’t lost on Richmond Public Schools, which recently hosted a gun violence prevention town hall.

RPS Superintendent Jason Kamras recalled when a student told him it had become normal to know someone who had been shot. 

“That’s an incredible statement, but that’s from the words of our students,” Kamras said. “It’s the reality.”

Earlier this year, at least seven people were wounded in shootings on a single Saturday in Richmond, within a week of back-to-back mass shootings in Dayton, Ohio and El Paso, Texas.

Statewide last year, there were 1,036 firearm-related deaths; of that total, 674 were suicides and 347 homicides, according to the Virginia Department of Health. Gun-related injuries accounted for 1,667 emergency room visits in 2018, the same data show.

In both categories, black males are the victims at much higher rates than females and white males.

The number of firearms used in homicides in Virginia increased overall in the 10-year period from 2008 to 2018.

Last year, 49 of Richmond’s 52 homicides involved a firearm. There were 202 aggravated assaults using firearms in 2018, a decrease from the 231 aggravated assaults using firearms in 2017.

Richmond leaders hope those numbers continue to decrease. The town hall Wednesday at Martin Luther King Jr. Middle School focused on finding solutions and encouraged healing in a community beset by gun violence.

The crowd of about 100 included parents, students, city and state officials, educators, and activists. Nearly every person in the room raised a hand when asked who had been affected by gun violence.

Mayor Levar Stoney. Photo via Facebook

Richmond Mayor Levar Stoney told a personal story of his first encounter with a gun. He recalls as a child finding his uncle’s pistol on his father’s dresser and wondering why a weapon was necessary. He said the response to gun violence cannot be politically convenient. 

“I think we, collectively, we can design a future a whole lot better than the past we’ve been through,” Stoney said. “I want you to know I’m committed to that.”

Stoney introduced an ordinance to ban guns in city-owned buildings and public parks following the Virginia Beach mass shooting in May and the death of 9-year-old Markiya Dickson, who was shot in a Richmond park over Memorial Day weekend. City Council passed the ordinance in July, but the symbolic measure cannot be enforced under state law. 

Kamras also spoke on the impact of Dickson’s death and the emotional response he had seeing her casket at the funeral.

“I have no words,” Kamras said. “I can’t even imagine what that would be like if that was my son Ezra. It’s inconceivable, yet that is the reality for so many families.”

Gov. Ralph Northam called a special session of the General Assembly July 9 hoping to pass gun safety measures, but the session ended after just 90 minutes without voting on any proposed gun safety legislation.

Del. Jeff Bourne, D-Richmond, spoke of being frustrated by the political gridlock and a lack of legislative action. Bourne is running for reelection in the 71st District, against Libertarian Pete Wells.

Earlier this year, Bourne and Del. Lamont Bagby, D-Richmond, introduced HB 1644, requiring owners to report lost or stolen firearms, but it died in committee.

Other bills failed as well. 

HB 2492, introduced by Del. Kathy Tran, D-Fairfax, also died in committee. The bill would have prohibited any person from “importing, selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition.” A similar bill, SB 1748, was introduced by Sen. Adam Ebbin, D-Alexandria, and it also died in committee.

“I will tell you what you all know — that common sense ain’t common when it comes to gun violence reduction measures,” Bourne said. 

Manager of School Climate and Culture Strategy Dr. Ram Bhagat led 10 student volunteers in a call-and-response with government and school officials advocating for reducing gun violence. Photo via VCU CNS

Ram Bhagat, manager of school climate and culture strategy for RPS, helped lead the forum. He introduced speakers, gave a brief testimonial, and led an exercise in which the audience clapped rhythmically and chanted “love,” “faith,” “justice,” and “hope.” 

Attendees wrote down ideas for strategies to reduce gun violence, and some were shared with the audience.

Spartan Academy Executive Director Ray Strickland said something he sees working is group counseling, which gives students an opportunity to exist in a non-judgmental space. 

“I think the first thing that we need to understand is having empathy,” said Strickland. “Before we can put different plans into place, we need to be empathetic to what our students are going through.”

Kristin DuMont, with Moms Demand Action Richmond, said her organization is excited that leaders such as Stoney, Bourne, and Kamras attended the event. The group MDA works to pass stronger gun laws through its nationwide chapters.

“There are a lot of parents who’ve lost children and young people, who have lost friends,” DuMont said. “We want to support them, and we want to make sure that this doesn’t happen to anyone else.” 

Written by Susan Shibut, Capital News Service. Top Photo: Attendees held hands in an exercise in remembrance of loved ones lost to gun violence. via VCU CNS

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