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Students March to Statehouse, Commemorating Victims Of Columbine On National School Walkout Day

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Roughly 200-300 people turned out for a student-organized rally on Brown’s Island today following a national school walk-out commemorating the Columbine shooting 19 years ago.

Richmond police provided a heavy presence at the rally and temporarily closed streets for a march to the state house steps, where speeches and musical performances continued before Governor Ralph Northam and Lt. Governor Justin Fairfax came out to give speeches of support.

On Brown’s Island, popular Instagram user Jessica Universe played acoustic guitar and sang an untitled song written for the event before Hermitage High School junior Sam Alburger addressed the crowd with some goals from the student movement.

Student Activists at Browns Island

“Like all of you, I’m ready for some damn common sense,” Alburger said, asking for consistent national background checks while criticizing politicians who he described as looking to score political points at the expense of addressing gun violence.

One of the many speakers that followed Alburger, Ta’Quan Grant, took up a popular theme with his fiery speech, addressing everyday gun violence from the perspective of “a public school student who grew up in Section 8 housing.” The candidate for Richmond School Board in the 7th district talked about facing regular gun violence, including a handgun he said someone pointed at him, before ending on a hopeful note. “Don’t fight for victory,” he told the crowd, because “We’ve already won. Fight like you already got it.”

Richmond Police Captain John O’Kleasky spoke with RVA Magazine to praise the students who he’s worked closely with as they planned their rally, saying, “They get an A+. We’ve been really impressed by their passion and maturity, and it’s been an honor to work with them.”

At the capital, the student speakers were joined by political leaders, including Osita Arebu, senior policy advisor to Mayor Levar Stoney. Arebu apologized for Stoney’s absence and shared his support. Like many of the speakers, she brought up common gun violence, including suicide and city shootings, and quoted Martin Luther King, Jr., on economic inequality in the cities, adding, “This is not just a gun control issue, this is a justice issue.”

The last student speaker was Carlos Brown, who gave an impressive speech with an off-the-cuff delivery-style, suggesting a bright future as a public speaker. Employing repetition to great effect, Brown talked about all the reasons he’d rather be in school today, before advocating political actions to address government inaction. “If your congressman won’t meet with you, vote them out,” he said, before listing victims of violence including Trayvon Martin, Michael Brown, and the students of Parkland and Columbine.

Carlos Brown

He finished his speech with a callback to his opening, saying, “I wish I was in bio class right now, because that would mean we’d be living in our dream America,” a place free of random gun violence and school shootings, where people have equality and safety.

Before Northam took the stage, Lori Haas, the Virginia state director of the Coalition to Stop Gun Violence shared her own story as the parent of a student who was wounded at Virginia Tech. She recounted a call from her daughter 11 years ago, remembering that she said, “Hi mommy, I’ve been shot”.”

She proposed a series of solutions involving political engagement before saying, “I know people wish this wasn’t a partisan issue, but it is.” Haas pointed to the opposition in the government to gun regulations as almost universally a Republican problem and described Virginia as having “the poorest gun laws in the country,” before asking for better tracking of weapons that have been sold.

Northam Addressing the Student Activists

Haas invited members of Virginia’s House of Delegates and State Senate to join her before introducing Northam, who she praised for taking a strong stand on background checks even as a first-time State Senator from the rural Eastern Coast of Virginia.

The governor used his address to praise the students gathered and ask when will the marches and rallies lead to real, substantial change. “How many lives will we lose to preventable gun violence until we take measures to keep guns out of the hands of people who shouldn’t have them?” the governor asked.

Although he said he’s been disappointed, the governor struck an optimistic note, which he credited to the students assembled, saying, “After years of politicians failing to protect our students, you are taking measures into your own hands.”

Before wrapping up his speech, Northam drew laughs with cheeky praise for the assembly. “As governor I have a responsibility to tell you to stay in school,” he said, pausing for the laughs. “But I can’t think of anything you’d be learning that’s better [than this].”

Some of the best photos of the day can be found below:

Jessica Universe
Student Activism
#NeverAgain
Making a Difference
Northam Addressing Students
National School Walkout Day
Next Generation

Photos by Landon Shroder

Virginia Republicans Kill Anti-Paramilitary Bill in Committee

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Senate Republicans have just killed a bill in the Courts of Justice Committee that would have criminalized the presence of paramilitary groups, like those seen during the tragic Unite the Right rally in Charlottesville last August. For those who were on the ground, the presence of heavily armed men and women wearing tactical gear, body armor, and in some instances uniforms, while carrying kitted-out AR-15s became one of the defining features of the rally. And over the course of the chaotic rally, the ability to distinguish between militia, law enforcement, and National Guard became increasingly muddled only adding to the confusion of what was happening.

The bill, SB 987, sponsored by Louise Lucas (D-Portsmouth) and Attorney General Mark Herring, states that a person is “guilty of unlawful paramilitary activity” if more than two people assemble to intimidate by “drilling, parading, or marching with any firearm or explosive or incendiary device or any components or combination thereof.” According to the stipulations set forward in the bill, this kind of paramilitary activity would be punishable as a Class 5 felony – punishable by up to 10 years in prison.

Attorney General Mark Herring has been pursuing an aggressive agenda against bad-actors that were present in Charlottesville during the past summer, including white nationalists, supremacists, and paramilitary groups. On Jan. 19, he filed legislation with Del. Marcia Price (D-Newport News) which would provide Virginia law enforcement the legal tools to label violent white supremacists terrorists. Speaking before the Courts of Justice Committee, Lucas echoed that sentiment saying, “And part of that means giving our law enforcement community the tools they need to identify and pre-empt acts of violence and threat.”

In a Facebook post from yesterday, Herring said, “We should never see this scene on Virginia’s streets again,” signaling his disappointment with the bill being killed in committee.

When asked about what led to the bill being killed in committee, Lucas’s staff declined to comment.

According to the Southern Poverty Law Center, as of 2017, there are 276 active militias throughout the US. According to a lawsuit filed after Unite the Right by The Georgetown Law Institute for Constitutional Advocacy and Protection last October, paramilitary groups and militias pre-Unite the Right not only coordinated with the organizers but were seen to be carrying, “between 60 and 80 pounds of camouflaged, military-style equipment. Among their paraphernalia were semiautomatic AR-15 assault rifles, with spare 30- round magazines; sidearms; tactical shooting glasses; kevlar helmets; combat shirts and pants; AK-47-resistant Level III body armor…”

The lawsuit went on to claim, “…it is critically important that the Commonwealth’s duly constituted armed forces and peace officers be immediately recognizable. Private individuals need to know whose orders they must follow and to whom to report emergency information; state actors need to know that military personnel answer to them and will follow their commands to protect public safety. Private militia activity in Charlottesville obliterated this critical clarity for both private citizens and state officials alike.”

This was another point made by Lucas when speaking at the committee, claiming the militias, “were operating as unregulated, uncontrolled, unaccountable, self-controlled so-called security forces.” She went on to say that these groups increased the chances of armed conflict between “legitimate law enforcement authorities.”

Reports have Republican Senator and committee chair Mark Obhenshain, who also declined to comment, (R-Harrisonburg) claiming that SB 987 made him, “wonder about the constitutionality… and whether this implicates the right to free assembly”.

Photos by Landon Shroder

 

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Attorney General Mark Herring and Delegate Marcia Price Sponsor Domestic Terrorism Law for VA

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“This is a real threat. We’re continuing to see a rise in white supremacists, neo-nazi violence, we’re also seeing a rise in hate crimes,” said Attorney General Mark Herring when asked about Virginia’s new domestic terrorism bill, filed by Delegate Marcia Price (D-Newport News). “A lot of communities are deeply concerned and what happened in Charlottesville needs to be a wake-up call that these threats are real.”

House Bill 1601, filed on Jan. 19, would give Virginia law enforcement broad authority to label “organizations, groups, or associations” a domestic terrorist organization. The bill originated from events surrounding Unite the Right last August, which ended in a terrorist attack by James Fields Jr – a white supremacist. Yet the threat from violent hate groups is something that has pre-occupied Herring during his time in office.

“This has been something I have been working on for a couple of years now,” he said. He cited a roster of hate crimes from bomb threats against Jewish schools to a re-emergence of the KKK in Leesburg as the reason why such legislation is needed.

White Supremacists Marching Through UVA. August 11, 2017

The definitions of what terrorism is, especially domestic terrorism, has never been easy to define and has evolved over the years based on certain policy positions unique to certain circumstances. The FBI currently defines domestic terrorism as, “Perpetrated by individuals and/or groups inspired by or associated with primarily U.S.-based movements that espouse extremist ideologies of a political, religious, social, racial, or environmental nature.” This broad definition of domestic terrorism has been problematic over the years for a variety of legal reasons, the least of which is who gets to determine what extremism really means.

HB 1601, however, provides a different definition for how domestic terrorism will be applied in the Commonwealth.

The bill states that a domestic terrorist organization, “means any organization, association, or group of three or more persons, whether formal or informal, which has an identifiable name or identifying sign or symbol.” The bill goes on to list two sets of criteria for these groups including “one of its primary objectives or activities an act of domestic terrorism” and “collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or solicitation of two or more acts of domestic terrorism.”

When asked about the difference between the two definitions, Herring remarked that this was to give law enforcement a particular set of tools that they need to fight violent white supremacist violence. “This framework was one that was drawn from our laws to combat gang and gang violence. It is more familiar to Virginia law enforcement and legislators,” he said.

Nonetheless, the issue remains complicated and the ACLU in Virginia released a statement yesterday condemning the bill. In their official statement, Executive Director, Claire Guthrie Gastanaga said the bill, “raises significant constitutional concerns” and that this kind of legislation has been used to unjustly target minority communities at a federal level. She zeroed in on the ambiguity of the definition, a concern raised by civil rights watchdogs nationally who have monitored terrorism cases over the years. Gastanaga goes on to say that this kind of legislation is “subject to abuse by government authorities”, which includes the criminalization of activist groups seeking to engage in direct action protests.

Indeed the history of labeling political movements “domestic terrorism” has its roots in the FBI’s counter-intelligence program (COINTELPRO), which was used to undermine and discredit organizations through the US between 1956-1971. Marc Mori, a retired supervisory agent for counter-terrorism at the FBI spoke to RVA Mag about the challenges associated with determining what is domestic terrorism. “Domestic terrorism investigations are always difficult,” said Mori. “Civil and prosecutorial rights traverse across these cases in ways that are very problematic.”

The law, as conceived by Herring and Price, would give the Superintendent of the State Police the authority to determine which groups can be labeled domestic terror organizations. Regulations will be updated annually, but it’s not as easy as just having guidelines in writing.

“There has to be a lot of capacity training and controls,” said Mori. “They have to work closely with the Department of Justice to make sure that certain organizations can be investigated outside of the federal government.” He went on to say that the issue is also about public relations, making sure that citizens feel comfortable with the expanded role of the state to make these kinds of classifications. “They need to avoid the perception that civil rights are being violated.”

Ultimately, this is the challenge; how to apply the law fairly and to put the right mechanisms in place so the legislation does not get politicized and target politically active groups like Black Lives Matter, anti-fascists / anti-racists, or environmental groups – organizations that law enforcement are drastically misinformed about. This is a concern shared by the ACLU in Virginia. In Gastanaga’s statement she was very clear about the dangers of letting law enforcement focus on “ideologies” and “political movements”, as opposed to specific criminal conduct. “Giving law enforcement the power to decide whose views are ‘dangerous’ or ‘suspect’ is a very dangerous thing to do.”

When asked about how this law would have been applied to groups counter-protesting in Charlottesville, Herring responded by saying, “We think the way the bill is drafted is done within a framework that the superintendent will be able to designate the kinds of groups that pose a threat from white supremacist and extremists.”

Herring has a track record of progressive legislation as the Attorney General and there is little doubt that his concerns over violent white supremacy are real. According to the FBI, there are currently 1,000 open cases on violent white supremacy, something Herring was keen on pointing out, going so far as to say, “white supremacist violence will not be tolerated in Virginia and that law enforcement have the means and tools to identify and pre-emptive these groups and acts of violence that threaten our communities.”

Nonetheless, the fear remains that once Northam’s administration leaves office, broad powers have been given to the state police to make decisions on who can be labeled a domestic terrorist or terrorist organization. And in these charged times where all politics is a zero-sum game, the threat of being named a domestic terrorist based on one’s political activities remains a very frightening prospect.

Remember Republican Ed Gillespie’s, “rape, kill, control” immigration ad during the gubernatorial election? Now imagine he won and this legislation was applied to organizations’ opposing it on a grassroots level. This is the slippery slope.

Photos by Jason Lappa, taken at Unite the Right in Charlottesville on Aug. 11-12. 

 

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First Lady Pam Northam Introduces Progressive Platform Over Post-Inaugural Brunch

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First Lady Pam Northam hosted a post-inauguration brunch headlined by Angela Patton, the CEO of Girls With A Change, a Richmond area non-profit that supports young women of color, in a ticketed event at the Jefferson Hotel this morning.

The brunch opened with a recital by the American Youth Harp Ensemble, a nationally-recognized ensemble that accepts youths regardless of financial means.

GFAC youth with Northam, Patton. Photo by AM

Patton’s opening remarks introduced her organization. “Girls For A Change starts with one of the most powerful and wasted resources on the planets: Girls. Specifically, girls of color.”

She introduced Karen Forget, an executive director of river conservation group Lynnhaven River NOW, and Northam’s former boss. Forget spoke about Northam’s background in education and ecology before introducing the new First Lady. “We will need to bring everyone to the table,” to fight challenges like climate change and rising sea levels, she said, “and I don’t know anyone better at that than Pam Northam.”

The Jefferson Ballroom. Photo by BW

Northam spoke to the importance of protecting water, noting that the tables were named after rivers all over Virginia, from the Shenandoah to smaller rivers like the Dan. “The next brunch will be a little different,” she said, referencing the splendor of the Jefferson ballroom. “I’ll invite you all to put on your waders and join me for a river clean-up.”

Following heavy applause, she extended an invitation to join her at a volunteer effort to clean up Richmond’s historic Evergreen Cemetery for the annual Martin Luther King Jr. day of service tomorrow, 9 – 12 PM.

After thanking the inaugural committee for choosing a vegetarian brunch, she teased the new governor, saying, “Ralph you can have a sandwich when we get home.”

American Youth Harp Ensemble. Photo BW

The importance of women carried through the event, from the all-woman harp ensemble, to her thank-you speech. She said she was singling out two more, Cerina Fairfax and Laura Herring, married to Lt. Gov. Justin Fairfax and Attorney General Mark Herring, for their help with the Democratic sweep of the top offices.

Northam proposed to focus on early-education over the next four years. “I’m surrounded by neuroscientists,” she said as she spoke about the importance of pre-k and developing minds. “Let’s start at the beginning with our greatest treasures….our children.”

First Lady and Governor Northam. Photo by BW

Outgoing First Lady Dorothy McAuliffe drew praise for her work to provide “12 million additional meals for Virginia children,” and Northam said she would build on that work as well as a range of issues including healthcare, clean air, clean water, and spaces to play and learn.

She finished her remarks with two quotes. The first was a much-quoted line from The Summer Day, a poem by her favorite poet, Mary Oliver. “What is it you plan to do with your one wild and precious life?”

Northam recruits volunteers after. Photo by BW

The second, from Michelle Obama, underscored the role of women and the importance of equality. “As women, we must stand up for ourselves. As women, we must stand up for each other. As women, we must stand up for justice for all.”

Lt. Gov. Justin Fairfax. Photo by AM

In attendance were many of the newly-elected delegates, including Danica Roem, Debra Rodman, and Schuyler VanVelkenburg. Justin Fairfax was also spotted mingling with guests before the brunch program began.

Larkin Garbee and Angela Patton. Photo BW

Patton was sitting with local entrepreneur and philanthropist Larkin Garbee, a supporter of her organization. After the brunch, Patton spoke about the incoming administration. “Things are shifting fast. This opportunity wouldn’t even have been available to my mother, and she’s a young 70-years old.”

“Most everyone appreciates what we’re doing,” she said about the work, but she brought up that she’s had a few critics. “One gentleman today, just one, told me that we’re going backward. Working with girls of color isn’t about excluding anyone, though. We’re just tapping into the most vulnerable population with a goal of getting us caught up.”

Danielle Freeman-Jefferson. Photo BW

She’d brought several of the girls she works with, including Danielle Freeman-Jackson, a senior at Henrico High School, who told us what the day meant for her. “It’s big. She’s not just Ralph Northam’s wife, she’s a successful woman in STEM. I’m going into STEM, and it’s so empowering to see her with Angela Patton, supporting girls of color like myself.”

Cover photo by Branden Wilson. Other photos by Branden Wilson (BW) or Allison MacEwen (AM). 

Virginia Politics Sponsored by F.W. Sullivans

Former Attorney General Eric Holder & Senator Kamala Harris Stump for Democrats in Richmond

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Just over a week remains before the November 7th gubernatorial election and nervous state Democrats have brought in big national names to stump for candidates Lieutenant Governor Ralph Northam, Justin Fairfax, and incumbent Attorney General Mark Herring. Voter turnout, especially among young voters and people of color, seem to be the chief concern that brought Senator Kamala Harris and former Attorney General Eric Holder to canvass in Hampton Roads before their appearance at an intimate but crowded rally at Blue Bee Cider in Richmond’s Scott’s Addition this afternoon.

Packed House at Blue Bee Cider. Photo by Landon Shroder

Fairfax spoke first, apologizing for Northam’s absence and plugging Jackson Ward’s popular Mama J’s Kitchen where the group ate lunch. “If you go in there, ask them for the Senator Kamala Harris Booth,” he said to a round of applause. He gave an uncharacteristically brief speech before introducing Herring, who is seeking reelection.

Both candidates talked turnout, noting that Northam won almost as many votes in the Democratic primary as all of the GOP candidates combined. Herring used his personal experience as a former candidate to caution against complacency, reminding the crowd that he won by a tiny 907 vote margin following a recount in the 2013 election.

Attorney General Mark Herring. Photo by David Streever

Similar to the Northam rally with President Obama, the big draws were Harris and Holder, but many came out primarily to support the state candidates. Ariana Toussaint, 35, was there for both. “I feel like the trajectory of her career [Harris] is one to watch, and I’m here to support our democrats right now in the general election.”

She was positive about the ticket, but disappointed in the focus on President Trump and national issues. “I hope they’re going to talk more about unity within the group and us moving forward and not getting distracted by certain things coming out of the administration. I think we tend to get distracted and lose sight of the bigger picture, so I hope that’s something that will be brought up today.”

Photo by Allison MacEwen

Sean Gordon, from the Randolph-Macon College Young Democrats, has been watching the race and was excited to meet the national Democrats. “We’re coming here mostly to meet Harris and Holder, but we’re also here to see the energy of the Northam campaign because you kind of have to come to Richmond to see a lot of that.”

He was looking for a little more conflict than Toussaint was, saying he hoped Northam would combat what he called “racial taunting” by Republican candidate Ed Gillespie. “I think he will. That’s what we’re looking for here.”

Harris might have satisfied Gordon, taking the microphone after Herring to talk about the role of Virginia on the national stage. She cast the election as a referendum on the presidency of Trump, describing it as a chance to reject his actions. She and the final speaker, Holder, noted the importance of governors as a counter-weight to the legislative agenda of the Federal government, bringing up universal healthcare, the war on drugs, and the Dreamers in the Deferred Action for Childhood Arrivals (DACA) program.

Kamala Harris. Photo by Landon Shroder

Holder made other connections between local and national issues, talking about the Unite the Right march and President Trump’s refusal to condemn the marchers. “You can’t say there were very good people with the neo-Nazis in Charlottesville. If you marched with neo-Nazis, you turned in that card.”

Former Attorney General Eric Holder. Photo by Landon Shroder

He echoed the theme of voter turnout, one-upping Harris and the others. “Don’t bring five friends to the polls, bring ten. Bring as many as you can. I want to see big margins, I don’t want to see 907 votes again.” It was a big applause line before the candidates exited, pausing for selfies as they pressed through a mob in the rain to the waiting cars.

Regardless of who wins, all eyes are now on Virginia, which has shifted from red to blue and emerged as a crucial battleground state in a deeply divided nation.

*Madelyne Ashworth and Allison MacEwen contributed to this report. 

 

Virginia Politics Sponsored by F.W. Sullivans

 

RVA Mag Exclusive: Q&A with Attorney General, Mark Herring

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Most voters don’t realize just how important the post of Attorney General really is to the Commonwealth. In addition to providing the legal basis for the governor’s policy agenda, the office of Attorney General defends and upholds the constitutionality of state law and acts as the de-facto law firm of the Commonwealth.  This is a daunting task in an age when federal policy proscriptions are colliding with state agendas in very real and very contentious ways. Look no further than challenges to refugee re-settlement, Title IX protections against campus sexual assault, immigration, challenges to Obamacare, LGBTQ and environmental protections, along with a host of other legalese that govern our daily lives.

At the center of this turbulent vortex is Mark Herring, the incumbent Democratic candidate for Attorney General. Herring, a former State Senator from the 33rd District in Fairfax and Loudoun counties, made a name for himself early in his tenure by refusing to defend the Virginia Marriage Amendment – an amendment which defined marriage as ‘solely between one man and one woman’, which was a dark blemish on Virginia’s fight for equality. Herring’s refusal effectively paved the way for marriage equality in the Commonwealth.

RVA Mag’s Political Director, Landon Shroder and Staff Writer, Madelyne Ashworth, caught up with Herring at Lamplighter near Virginia Commonwealth University for a coffee and to chat about the upcoming election, gender-based violence, the LGBTQ community, Virginia’s opioid crisis, the events in Charlottesville, and just about everything else that is on the mind of young voter’s this campaign season.

Shroder: Nice to see you again, how is the campaign going?

Herring: So far, so good. People are beginning to realize there is an election coming up and it is really exciting and I feel good about how things are, but you have to sprint towards the finish.

Shroder: You’ve been in electoral politics for some time now, but clearly we are in a new political age and we’re all experiencing something new in politics. Because of this, has this campaign differed from other campaigns you’ve ran before?

Herring: This is definitely one of the most challenging political landscapes I have encountered in my public life. It is drawing upon all the skills I have to navigate through it, but it is also a really important time for folks to become more deeply engaged. There are a lot of questions that our country is asking right now about who we are as a nation, who we are as a Commonwealth, and it’s a time that people should not be on the sidelines.

Shroder: Do you feel that is reflective in your day to day interactions while on the trail? Or is this just something everyone already knows, like a tangible feeling?

Herring: I definitely sense an awareness that we are in a different political time. [Previously] elected officials at least seemed like they were operating within a certain lane of reasonableness. Now a lot of boundaries have been crossed and a lot of people are scratching their head about what direction is our country really going in right now; how are people reacting to the chaos coming out of the White House? It’s unclear how it is all going to shake-out.

I have a lot of confidence in Virginians being people who are caring about others, about the importance of community and being committed to equality and inclusiveness. I truly believe that’s who we are as a state and is something I am deeply committed too.

Herring Speaking at the Obama Rally Last Thursday. Photo by Landon Shroder

Title IX Protections:

Ashworth: This is something that’s important to me as a recently graduated college student, and here we are sitting next to VCU’s campus. Now that the Title IX protections have been withdrawn, how can we protect students from sexual assault, especially since 23 percent of young women are experiencing that every day?

Herring: I am deeply concerned about the direction Secretary DeVos is taking us with campus sexual violence. I chaired the Governor’s task force to combat sexual violence three years ago. We made enormous progress in getting much more comprehensive prevention programs in place at Virginia’s colleges and universities, working to change the culture, letting students know that as a state, we are committed to campus safety. I want to make sure every student knows as long as I’m Attorney General, they should feel comfortable stepping forward to report an incident of sexual assault when it happens, and they will not be treated with suspicion or judgment. They will be treated with the dignity and respect and compassion they deserve.

I was really disappointed in the Secretary’s remarks in the early part of the school year. That’s a time when it’s back to campus, a time that students should hear from their education secretary that she and all of us are committed to safe environments in all of our colleges and universities. Particularly at the beginning of the year, to hear something else was a concern. As Attorney General, I would like Virginia students to know in particular that maybe the Secretary wants to go in a different direction, but we in Virginia are on the right path. We’re going to continue to make sure that there is a survivor center and trauma-informed response at our state colleges and universities.

Ashworth: Another issue I think is important to women my age, particularly women of color, who don’t necessarily feel represented by the people who are creating policy around Title IX, namely older, white, male politicians. How do you reconcile that difference?

Herring: It’s important that young people, including women, make their voices heard, make the concerns know. I, myself, am a parent. I’ve got two children, one still in college, our son is a senior, and our daughter is 25. By making sure that their voices are heard in policy-making forums, in elections, in other types of conversations that can impact laws and regulations so they can have an impact. They should also begin thinking about taking a leadership role. It’s not just about making your voice heard, but stepping up and becoming a leader in your community, in your school, in your state. We need new generations of young people to step forward and become the leaders of today and tomorrow.

Opioid Crisis: 

Shroder: What is the responsibility in Virginia to treat the opioid crisis as a public health issue vs. a law enforcement issue? Where do those two things meet?

Herring: There is a law enforcement component and I have worked hard to step up prosecutions against dealers and traffickers who bring heroin and fentanyl into Virginia – those who profit off of addiction. But, I have known from the very beginning that this is not a problem we were going to solve with arrests. Many of our drug policies of the past have not worked well and we need to take a fresh look at this. One of the things that taught me a lot early on when I started working on this back in 2014, was meeting with family members who had lost loved ones to heroin or opioid overdoses. Initially, the conversation goes towards the person they loved and the wonderful qualities they had. I could see that these drugs were not going after one particular demographic, it was crossing every racial and demographic divide. It wasn’t an urban, suburban, or rural problem, it was happening everywhere, and it was something that could happen to anyone.

We are also part of a 41 state Attorneys General investigation into pharmaceutical manufacturers. To see if they have engaged in any unlawful practices, regarding their marketing and distribution. These drugs are incredibly powerful, and devastating the lives of so many families. It is estimated over 60,000 Americans died last year alone, over 1,100 of them in Virginia. It’s a national tragedy and a problem that is decades in the making, and has it has it’s roots in the medicine cabinet much more so than in the streets.

Herring Stumping for Ralph Northam. Photo by Branden Wilson

Marijuana:

Shroder: Do you support the decriminalization of marijuana?

Herring: It is time we look at the experience of other states. There are several other states, that have either decriminalized or legalized and we should look at what their experience has been. There have been some unintended consequences as a result, but it is time to take a look at it and see what might work for Virginia. That’s something that might not have been on the table a long time ago, but it is time to have the conversation about what the impact has been in other states and to see if that {is} something we want to do in Virginia.

This is an area where Republicans and Democrats can sit down at the table and talk about it, and try to come up with practical solutions that make sense.

Gender-Based Violence: 

Ashworth: Shifting gears again, there are 1,300 untested rape kits in the Commonwealth. Why?

Herring: When I came into office, there were over 2,000 untested rape kits. When I found out, that was unacceptable to me. I’m now working to completely eliminate the backlog and I’m not going to stop until every kit is tested, survivors know the results, and every case gets a fresh look. It has made such a {difference} for survivors. First of all, that means perpetrators could still be out there. It means survivors are not getting justice. It also means a lot to survivors of sexual assault to know that their Commonwealth understands the severity of the crime, as well as the trauma that goes with it.

I’ve had survivors talk to me and share with me what it has meant to them. I talked with a woman, I won’t use her name for her privacy, but she heard I was visiting near where she lived and she reached out to our office to arrange a meeting for five minutes. We didn’t know what it was about, but we said ‘okay.’ It turned out she had been raped. Her perpetrator was apprehended, and she followed the case through trial and he’s in prison. But when she heard we were eliminating the backlog, it made her feel better to know that her Commonwealth understands survivors. We will stand with them to get justice and help them on a path of healing and recovering.

Ashworth: So I’m guessing the backlog is a result of a lack of funding or money?

Herring: It could be for a number of reasons. They weren’t part of an active investigation. The good news is, many of the departments kept the kits in their evidence rooms long after state law would have allowed them to be destroyed.

Ashworth: Could you explain your lethality assessment protocol? Does it apply to citizens, or is it just for law enforcement?

Herring: Lethality assessment protocol is a way to help reduce domestic violence and homicides. Local police working with community advocates can come together and develop a set of questions that can be asked of a victim of domestic violence when law enforcement first arrives on the scene to assess whether that person might be at risk for further victimization and danger. If so, connect them right there, on the scene, with services in the community to get them to a place of safety where they can begin to rebuild their lives rather than leave them in that environment in which, once the police leave, they could be in danger again.

Reproductive Health:  

Ashworth: As of now, we have a Republican-dominated General Assembly. Where does that leave Planned Parenthood?

Herring: I will continue to do everything I can to block efforts by the Republicans and the General Assembly to take the rights away from women to access the full range of reproductive health services that they need and deserve. It’s one reason why it’s really important to elect me and Ralph Northam as governor, so when those laws get passed, there’s somebody there with a veto pen who can veto them, and there’s somebody like me who will go into court to protect the rights of women to access their health care.

Shroder: It’s amazing we even still have to have this conversation in 2017.

Herring: Oh, I know.

Shroder: We could be talking about so many other things, couldn’t we?

Herring: We could. But we still have to fight these fights. I don’t know how much you want to get into my opponent’s record, but he opposes abortion in all cases including rape and incest. He fought twice in the Supreme Court to limit access to birth control and would allow employers to make that decision for employees. It’s a stark contrast between him and me, and I will stand up for women’s rights.

Ashworth: Going off that point, providing birth control for employees and birth control for students using their public university’s health care systems, how worried do those women need to be about seeking birth control after the reversal of the contraception mandate from the President?

Herring: I think it is a real concern. The numbers of women who could be impacted negatively by this are enormous. We are looking at what legal options might be out there to stop the President from being able to implement that. Right now, rolling that back would put the decision in the hands of the employer. I don’t think someone should have to go to their employer to ask permission to have birth control. Having the contraception mandate has been very beneficial for public health. It has helped to lower unintended pregnancies. Rolling it back will have a significant impact on public health and the ability of women to access birth control. It could increase co-pays and out-of-pocket costs, and make it much more difficult to access important health services.

Again, it’s hard to believe we’re having this conversation in 2017.

Mark Herring with LT Gov Candidate, Justin Fairfax. Photo by Landon Shroder

Fight Against White Nationalism: 

Shroder: Well I’m about to hit you with another ‘I can’t believe I am asking this in 2017 question’. Obviously, we can’t legislate out people’s perceptions and bigotries and the fears which drive these things. But are there any practical protections that the Commonwealth can offer against the creep of white nationalism and white supremacy. I can assure you, young people are deeply scared of these groups marauding through their towns.

Herring: Virginia is a state that is committed to equality and inclusiveness. It is essential for all of us, especially those in leadership positions, community, state, and nationally to speak out against this kind of hatred and bigotry. Whether it is the neo-Nazis, white nationalists, white supremacists, by whatever name they go by – to make sure that kind of hatred and bigotry never finds a home anywhere in our Commonwealth.

The first thing we have to do is make sure we all speak out against that to make it clear that is not who we are as a state. As well as, speak out when other public officials look the other way and give it a wink and a nod, aid, and comfort because right now, it seems like these groups feel they have a fellow traveler and supporter in the White House – the highest office in the land. That is helping to embolden them, and it is harmful and detrimental.

Shroder: One of the things which was shocking in Charlottesville, was the sheer amount of military kit these guys could purchase. These guys were wearing paramilitary kit, so what responsibility does the Commonwealth have to say ‘you can’t show up in public gatherings in body armor with long guns’?

Herring: The governor has established a commission to review the after-action to see whether there are conditions we can attach to permits to help improve public safety. I think in addition to that we need to take a look at our private militia laws to make sure that they are as strong and as broad as they need to be. To make certain that when there are paramilitary groups out there, they are under the control of the civil authority and not operating autonomously on their own. That may require some legislative change and I am looking at that very carefully right now. I may be bringing something forward next year.

Shroder: Do you think the vehicular attack was an act of terrorism?

Herring: Yes. It was an act of terrorism. The individual was motivated by this kind of political hatred and he weaponized his car. Whether he used a gun or a bomb or a car, it was nonetheless lethal and fatal to a woman who had the courage to stand up and express her opposition to this kind of hatred and bigotry.

Shroder: Can Fields [the white supremacist who conducted the act] be charged with terrorism in the Commonwealth or does that have to be a federal charge?

Herring: The local Charlottesville police investigated the case and the local prosecutor is the one responsible for bringing the charges. But there is no question in my mind and I think to most people’s understanding that this was an act of terrorism.

LGBTQ Equality:

Shroder: Our editor at GayRVA couldn’t be here, but she wanted us to ask you this: “The Department of Justice (DOJ) has recently argued in favor of businesses being allowed to discriminate against customers and employees on the basis of sexual orientation and gender identity, which brings us to the fact that neither sexual or gender identity are protected in Virginia at a state level.”

Herring: Where do I begin?! First, we have joined a group of states’ attorney generals to take a different view of the case where the DOJ is arguing that position. I have been very proud to fight for and advocate for the rights of the LGBTQ community in Virginia. Whether it was 11 days after taking office, and announcing that we were going to bring Virginia into the fight for marriage equality. Or issuing a legal opinion to school boards that they had the legal authority to include sexual orientation in their non-discrimination policies. Or issuing legal opinions to members of the legislature that discrimination in employment and housing on the basis of sexual orientation might be discrimination depending on how federal law evolves. There are many decisions in federal courts that would make it discrimination.

These are issues that are being fought out in courts across the country, which is one reason why Virginian’s have an Attorney General who will stand up and fight for their rights. My opponent has a very different view. He said marriage equality was quote, ‘totally made up’, and he would use the powers of the office to roll it back.

Shroder: It seems like we’ve made so much progress towards marriage equality, so is that just pandering to the base because the base has continued voice to be vocal on this issue; or is this just a move towards the usual conservatism?

Herring: I take him at his word that this is what he believes. It is a reminder that progress is not always linear, nor is it inevitable. It is something that all of us need to work hard to move forward. We have made a lot of progress in Virginia and as long as I am Attorney General we are not going to give up the hard-fought gains and we are going to continue to move forward.

Shroder: This has been a great interview, lots of ground covered. Any parting words to our readers?

Herring: What I care about is engaging them [young people] on issues important to them. A lot of people might not know exactly what the Attorney General does, but when I talk about some of the work we’ve been doing over the last four years: breaking Virginia into the fight for marriage equality, successfully defending our Chesapeake Bay clean up plan, helping dreamers find an affordable college education, successfully defending the Affordable Care Act from another cynical legal challenge and taking it all the way to the Supreme Court and winning, standing up to President Trump’s Muslim Ban and winning, fighting the heroin and opioid epidemic and bringing in a lot of new ideas, addressing campus sexual violence across the state, and taking a survivor-centered and trauma-informed approach.

When young people hear the work we’ve been doing over the past four years, they do get excited and say ‘an Attorney General can do these things?’. That is what I’ve been wanting to do, to find ways to break through and talk to young people where they are – like with your publication – and help get the word out about what an Attorney General can do for them – not to flatter you!

 

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