TLN-6-24-20 by The Legacy Newspaper

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EGACY

STANDING TOGETHER IN THE NAME OF JUSTICE

Yesterday. Today. Tomorrow.

WEDNESDAYS • June 24, 2020

Richmond & Hampton Roads

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BLM co-founder finds hope in global protests

“Every time a Black person is murdered by police there is something disturbing about it. Just the callousness of it. There’s just so much that’s horrifying. It’s just a brutal reminder of how Black lives don’t matter in this country.”--Alicia Garza Read story on page 2

The LEGACY

2 • June 24, 2020

L to R: Opal Tometi, Alicia Garza, and Patrisse Cullors co-founded #BlackLivesMatter. They hope that one day people will work together to create more caring, healthy and safe communities for people of color across the nation. (from page 1) By Gail Berkley For Black Lives Matter co-founder Alicia Garza the global outpouring of protests and activism following the alleged murder of George Floyd while in Minneapolis police custody has been heartening and makes her hopeful for the future. At the same time, she said, “It’s bittersweet that it takes someone being murdered on camera to get to the point of conversation that we’re in.” “I was horrified,” Garza said of viewing the video of Floyd’s life being taken by a white police officer with his knee on Floyd’s neck. “Every time a Black person is murdered by police there is something disturbing about it.” She added, said in this case, “just the callousness of it; and him calling for his mother. There’s just so much in there that’s horrifying. It’s just a brutal reminder of how Black lives don’t matter in this country.” Garza, of Oakland, is Strategy and Partnerships Director for the National Domestic Workers Alliance and Principal at the Black Futures Lab. Seeing Black Lives Matter (BLM) signs held by protestors in all 50 states, including in many small towns with few Black residents, Garza said, “It’s humbling to see it and to have been a small part of it.” She is heartened that people are awakening. Garza said she is also pleased

that many celebrities who have large platforms are using them now to push for change. She said the Black Futures Lab has a strategy for helping celebrities to use their platforms for the movement. “When they use their platforms to activate people, it’s an important way to save our democracy. It makes us active and engaged participants.” “I got to take over Selena Gomez’ Instagram last week. It was awesome.” She said people are really hungry for information. “We’ve been doing a lot of work and talk about what’s going on. When folk like Selena do that, it engages people in issues of our time. I plan to work with her through this election cycle.” Garza said she will also be taking over Lady Gaga’s social media in the coming week. “We’re really focused on transferring this energy into political power.” She said it’s important to change the people who are making the rules and those who aren’t enforcing the rules. She cited as an example the election in Georgia this week where voters in predominantly Black areas waited hours to vote. Movement for Black Lives is not just about police violence. It’s about how Black lives are devalued. Black Lives Matter is for an opportunity for us to recognize and uphold the right to humanity and dignity for Black people. She said Black people also have to work “to remove the negatives we’ve

internalized about ourselves.” “For people who are not Black, there’s also work to do.” She said it’s not only about changing the rules, but also about a culture shift. “That’s what I think we’re seeing now. It’s going to take all of us staying committed.” She said the millions joining protests following the alleged murders of George Floyd, Ahmaud Auberry and Breonna Taylor were sparked by, “a powder keg waiting to happen.” “People are mad about a lot of stuff. We’re all tender right now. It’s an election year. We find ourselves in a global pandemic. The lack of human touch… and being able to gather. Because of that we also have the expansion of an economic crisis. Not only are people trying to stay healthy, they’re trying to pay their bills.” “What we can all agree on is that policing is not serving the people that they’re supposed to serve. When we’re afraid of the police that’s not serving. Whenever I see tanks, rubber bullets, and tear gas being used — We pay for that. Are we keeping people safe? We’ve been defunding the Black community for a long time.” “Defund the Police” is a controversial slogan that has been held by some protestors. Garza said that slogan comes from the Movement for Black Lives,

a coalition that includes BLM. “This work is something many organizations have been doing for many years,” she said. “It’s really about getting a handle on how we’re spending our money.” She cited the fact that education funds have been cut, the postal service is near bankrupt, and thousands of homeless are living on the streets. “We’re using police to deal with homeless. You don’t send a nurse to deal with a drug cartel.” “We did the largest survey of Black America in 2018 — The Black Census Project. The overwhelming majority said in the past six months they’d had a negative experience with the police.” She said what she supports is “limiting the size, scope and role police play in our communities. Police also need consequences when harm is enacted. Police unions are a huge, huge issue. They block transparency for officers.” Speaking of another campaign that’s getting national attention Project Zero’s “8 that Can’t Wait,” Garza cautioned, “We have to be wary of things that are a quick fix.” She said, “8 Can’t Wait doesn’t deal with the real issue here, nobody should be above the law.” “Public safety is not about bloated police budgets. It’s about expanding the safety net for Black people,” she concluded.

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June 24, 2020 • 3

Legal Notice NOTICE TO THE PUBLIC OF AN APPLICATION BY VIRGINIA ELECTRIC AND POWER COMPANY D/B/A DOMINION ENERGY VIRGINIA FOR APPROVAL OF A RATE ADJUSTMENT CLAUSE RIDER S, VIRGINIA CITY HYBRID ENERGY CENTER CASE NO. PUR-2020-00102 •Virginia Electric and Power Company d/b/a Dominion Energy Virginia (“Dominion”) has applied for approval to revise its rate adjustment clause, Rider S. •Dominion’s request represents an increase of $194,215,000 million annually, which would decrease the bill of a typical residential customer using 1,000 kilowatt hours per month by $0.23. •A Hearing Examiner appointed by the State Corporation Commission will hold a hearing in this case on December 15, 2020. •Further information about this case is available on the SCC website at: https://scc.virginia.gov/pages/Case-Information. On June 1, 2020, Virginia Electric and Power Company d/b/a Dominion Energy Virginia (“Dominion” or “Company”), pursuant to § 56-585.1 A 6 of the Code of Virginia (“Code”), filed with the State Corporation Commission (“Commission”) an annual update of the Company’s rate adjustment clause, Rider S (“Application”). Through its Application, the Company seeks to recover costs associated with the Virginia City Hybrid Energy Center (“VCHEC” or “Project”), a 600 megawatt nominal coal fueled generating plant and associated transmission interconnection facilities located in Wise County, Virginia. In Case No. PUE-2007-00066, the Commission approved Dominion’s construction and operation of VCHEC and also approved a rate adjustment clause, designated Rider S, for Dominion to recover costs associated with the development of the Project. VCHEC became fully operational in 2012. In this proceeding, Dominion has asked the Commission to approve Rider S for the rate year beginning April 1, 2021, and ending March 31, 2022 (“2021 Rate Year”). The two components of the proposed total revenue requirement for the 2021 Rate Year are the Projected Cost Recovery Factor and the Actual Cost True Up Factor. The Company is requesting a Projected Cost Recovery Factor revenue requirement of $198,535,000 and an Actual Cost True Up Factor revenue requirement of ($4,320,000). Thus, the Company is requesting a total revenue requirement of $194,215,000 for service rendered during the 2021 Rate Year. For purposes of calculating the revenue requirement in this case, Dominion utilized an enhanced rate of return on common equity (“ROE”) of 10.2%. This ROE comprises a general ROE of 9.2% approved by the Commission in Case Nos. PUR-2017-00038 and PUR-2019-00050, plus a 100 basis point enhanced return applicable to a conventional coal generating station as described in § 56-585.1 A 6 of the Code. If the proposed Rider S for the 2021 Rate Year is approved, the impact on customer bills would depend on the customer’s rate schedule and usage. According to Dominion, implementation of its proposed Rider S on April 1, 2021, would decrease the bill of a residential customer using 1,000 kilowatt hours per month by approximately $0.23. The Company indicates it has calculated the proposed Rider S rates in accordance with the same methodology as used for rates approved by the Commission in the most recent Rider S proceeding, Case No. PUR-2019-00088, with the exception that in this case the Company did not remove federal customers’ and retail choice customers’ load and usage for the purpose of designing rates. This Application is one of six filings Dominion made on or about June 1, 2020, for recovery of funds related to capital projects. If the revenue requirements in these filings are approved as proposed, the cumulative impact would be a monthly increase of approximately $0.96 for a residential customer using 1,000 kilowatt hours per month. Interested persons are encouraged to review the Application and supporting documents for the details of these and other proposals. TAKE NOTICE that the Commission may apportion revenues among customer classes and/or design rates in a manner differing from that shown in the Application and supporting documents and thus may adopt rates that differ from those appearing in the Company’s Application and supporting documents. A public hearing on the Application shall be convened on December 15, 2020, at 10 a.m., to receive the testimony of public witnesses and the evidence of the Company, any respondents, and the Staff. Further details on the hearing will be provided by subsequent Commission Order or Hearing Examiner’s Ruling. The Commission has taken judicial notice of the ongoing public health emergency related to the spread of the coronavirus, or COVID-19, and the declarations of emergency issued at both the state and federal levels. In accordance therewith, all pleadings, briefs, or other documents required to be served in this matter should be submitted electronically to the extent authorized by 5 VAC 5-20-150, Copies and format, of the Commission’s Rules of Practice and Procedure (“Rules of Practice”). Confidential and Extraordinarily Sensitive information shall not be submitted electronically and should comply with 5 VAC 5-20-170, Confidential information, of the Rules of Practice. For the duration of the COVID-19 emergency, any person seeking to hand deliver and physically file or submit any pleading or other document shall contact the Clerk’s Office Document Control Center at (804) 371-9838 to arrange the delivery. Pursuant to 5 VAC 5-20-140, Filing and service, of the Commission’s Rules of Practice, the Commission has directed that service on parties and the Commission’s Staff in this matter shall be accomplished by electronic means. Please refer to the Commission’s Order for Notice and Hearing for further instructions concerning Confidential or Extraordinarily Sensitive Information. An electronic copy of the Company’s Application may be obtained by submitting a written request to counsel for the Company, Lisa R. Crabtree, Esquire, McGuireWoods LLP, Gateway Plaza, 800 East Canal Street, Richmond, Virginia 23219, or LCrabtree@mcguirewoods.com. Interested persons also may download unofficial copies from the Commission’s website: https://scc.virginia.gov/pages/Case-Information. On or before December 15, 2020, any interested person may file comments on the Application by following the instructions found on the Commission’s website: https://scc.virginia. gov/casecomments/Submit-Public-Comments. All comments shall refer to Case No. PUR-2020-00102. On or before September 15, 2020, any person or entity wishing to participate as a respondent in this proceeding may do so by filing a notice of participation. Such notice of participation shall include the email addresses of such parties or their counsel. The respondent simultaneously shall serve a copy of the notice of participation on counsel to the Company. Pursuant to Rule 5 VAC 5-20-80 B, Participation as a respondent, of the Commission’s Rules of Practice, any notice of participation shall set forth: (i) a precise statement of the interest of the respondent; (ii) a statement of the specific action sought to the extent then known; and (iii) the factual and legal basis for the action. Any organization, corporation, or government body participating as a respondent must be represented by counsel as required by Rule 5 VAC 5-20-30, Counsel, of the Rules of Practice. All filings shall refer to Case No. PUR-2020-00102. On or before October 27, 2020, each respondent may file with the Clerk of the Commission and serve on the Staff, the Company, and all other respondents, any testimony and exhibits by which the respondent expects to establish its case, and each witness’s testimony shall include a summary not to exceed one page. In all filings, respondents shall comply with the Commission’s Rules of Practice, including 5 VAC 5-20-140, Filing and service; and 5 VAC 5-20-240, Prepared testimony and exhibits. All filings shall refer to Case No. PUR- 2020-00102. Any documents filed in paper form with the Office of the Clerk of the Commission in this docket may use both sides of the paper. In all other respects, except as modified by the Commission’s Order for Notice and Hearing, all filings shall comply fully with the requirements of 5 VAC 5-20-150, Copies and format, of the Commission’s Rules of Practice. The Company’s Application, the Commission’s Rules of Practice and the Commission’s Order for Notice and Hearing may be viewed at: https://scc.virginia.gov/pages/Case-Information. VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA

4 • June 24, 2020

Op/Ed & Letters

The LEGACY

“I was just thinking...” Fannie Mae Miles Bradford, at 89, has experienced more in her lifetime than many of the government officials who are advising us about our lives today. So, Mrs. Bradford is approaching the coronavirus scare with similar stamina that has seen her through many nerve shattering eras. Born December 15, 1930, the Dallas native lived through World War II, the Korean War, Viet Nam War, Civil Rights conflicts, news of various assassinations including President John Kennedy and Martin Luther King Jr., polio epidemic, Ebola, HIV/ AIDS outbreak, 9/11 terrorist attacks, and the Columbia space shuttle disaster. Also, she remembers a series of fatal shootings at schools, a rash of fatal police shootings of African American men, the joy of witnessing the nation’s first African American president, tarnished by the return of racial conflicts after our current President’s campaign to build a wall to keep out undocumented immigrants. Mrs. Bradford, a retired Dallas schoolteacher and long-time minister’s wife, said it was faith and common sense that sustained her through it all and, if her Maker wills it, she expects that approach to carry

her on, even through coronavirus. “Prayer and meditation,” she said. “I also have a favorite scripture and hymn that speak to every aspect of my life …” “Concerning the virus, I take all suggested precautions — and then I use common sense.” On the door of her room at a senior adult residence in Mesquite, hangs the Psalms 23:1 scripture that is part of her regular conversation, “The Lord is my shepherd; I shall not want.” And she takes advantage of any opportunity to sing her favorite song, “Great Is Thy Faithfulness.” I was just thinking… “What molds a person to form a thick skin against calamity such as coronavirus?” In Mrs. Bradford’s case, her early path was cemented by Christian values. She grew up in the fabled Mill City Dallas neighborhood and the Greater Bethlehem Baptist Church in the area. She spent summers with relatives in the historically Black Lake Como area of Ft. Worth. She missed many days in elementary and high school because of an anemic disorder, but still graduated from Julia C Frazier Elementary, Lincoln H. S., and in 1947 as salutatorian of Bishop College in Marshall, TX.

The LEGACY NEWSPAPER Vol. 6 No. 25

The LEGACY welcomes all signed letters and all respectful opinions. Letter writers and columnists opinions are their own and endorsements of their views by The LEGACY should be inferred. The LEGACY assumes no responsibility for unsolicited material.

Mailing Address P.O. Box 12474 Richmond, VA 23241 Office Address 105 1/2 E. Clay St. Richmond, VA 23219 Call: 804-644-1550 Online www.legacynewspaper.com

She rubbed shoulders with some historic Dallas black legends: Dr. John Wesley Anderson was her physician as a child. A. S. Penn was a principal who supervised her early in her career. She taught in Dallas and Fort Worth public schools for more than 40 years and retired in the mid 1990s. She was “First Lady” and director of various ministries and her late husband, Rev. Bishop J. Bradford Jr., was Pastor for more than 40 years at Mt. Horeb Baptist Church at 3306 Carpenter Ave. in South Dallas/Fair Park. Until Pastor Bradford Jr. died at 78 in 2007, they were the longest serving couple at the helm in Mt. Horeb’s now 103-year history. Of their two sons and two daughters, two are pastors, one the wife of a pastor, and the other a devoted church worker. After living for many decades in

a spacious home near Ledbetter Dr. in Southern Dallas, the former president of Metropolitan Baptist Ministers Wives & Widows Union in Dallas moved to the senior home where she has become a popular resident. She admits it took time to adjust to the new and less independent lifestyle. Giving up driving and shopping on her own was difficult but doable, the octogenarian said. Again, her scripture, song, faith and common sense directed her, she said. She also is adjusting to the resident’s tightened operation and rules for visitors even through the coronavirus scare. “Through many dangers, toils and snares, I have already come,” said Mrs. Bradford, quoting a gospel song. “It was grace that brought me safe thus far, and I’m counting on grace to carry us on.”—Norma Adams-Wade

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June 24, 2020• 5

P.T. Hoffsteader, Esq.

If I could do one thing, I’d make sure we stay healthy. If you could do one thing for your community, what would it be? More walk-in clinics? More funding for health services closer to home? Completing the 2020 Census is a safe and easy way to inform billions in funding for hundreds of services and programs in your community. Respond online, by phone, or by mail.

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6 • June 24, 2020

Classifieds

804-644-1550 (office) • 800-783-8062 (fax) ads@legacynewspaper.com

The LEGACY

LEGAL, EMPLOYMENT, ANNOUNCEMENTS, FOR SALE, SERVICES NOTICE- 1IScolumn(s) HEREBY GIVEN THE Ad Size 3.4 inches X 1.7 THAT inches)

CITY OF RICHMOND BOARD OF ZONING APPEALS

PUBLIC AUCTION of Unclaimed Vehicles

200+/- IMPOUNDED AUTOS, LIGHT TRUCKS & MOTORCYCLES SOUTHSIDE PLAZA DRIVE-IN

Monday, July 13, 2020 Gates open at 9:00 AM Auction begins at 10:00 AM

Auction will include the vehicles listed below plus many others: 2010 BAODIAO SCOOTER L2BB03304AB526265 2010 HYUNDAISONATA 5NPET4AC9AH583850 2004 MERCURY MOUNTAINEER 4M2DU86W84ZJ37702 2016 YIBEN 150cc LYDY6TKH5G1500300 1998 BUICK CENTURY 2G4WY52M5W1433760 1993 FORD RANGER 1FTCR14U9PTA16163 1990 FORD F150 1FTEX15N3LKA27522 1992 DODGE RAM B250 2B7HB21Y7NK115116 2007 NISSAN SENTRA 3N1AB61E07L609178 2003 TOYOTA COROLLA 1NXBR32E33Z171391 2004 HONDA CIVIC 1HGEM22974L072417 2002 MERCEDES-BENZ C 230K WDBRN47J22A259941 2004 CHEVROLET COLORADO 1GCDS136048160825 2004 CHEVROLET IMPALA 2G1WH52K949227173 2005 MERCURY MONTEGO 1MEHM42185G600752 2004 MERCEDES-BENZ C240 WDBRF61J14E018675 1994 HONDA CIVIC 1HGEG8650RL051028 2001 BUICK LESABRE 1G4HP54K61U284019 2001 PONTIAC GRAND AM 1G2NV12E91M558286 2002 HONDA CIVIC 2HGES26712H577703 2006 FORD FREESTAR 2FMZA51696BA57224 2004 LAND ROVER\ DISCOVERY SALTW19434A841715 2002 MERCEDES-BENZ C320 WDBRF64J72F241094 1997 FORD F150 1FTDF1760VNA55266 2000 FORD EXCURSION 1FMNU42L2YED84446 2001 DODGE GRAND CARAVAN 2B4GP44R21R298761 2013 CHEVROLET EQUINOX 2GNALDEK8D6153730 2005 SUBARU OUTBACK 4S4BP62C257375834 2006 TOYOTA HIGHLANDER JTEEW21A160026862 2012 NISSAN VERSA 3N1CN7AP3CL845826 2003 HYUNDAISANTA FE KM8SC73E83U490647 1994 GMC SIERRA 1500 1GTEC14Z6RZ547259 1994 CHEVROLET S10 1GCCS14Z1RK163456 2001 CHEVROLET CAVALIER 1G1JC124917190674 2017 ZHEJIANG ATV L6ZSCJLAXH1003768 2000 DAEWOO LEGANZA KLAVA6920YB276874

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Will hold an electronic Public Hearing due to the state of emergency 1 Issue - $37.40 that exists as a result of the spread of COVID-19 pursuant to and in Rate: $11 per column inch compliance with Ordinance 2020-093 on July 1, 2020, to consider the following under Chapter 30 of the Zoning Code:

Includes Internet placement Serving Richmond & Hampton RoadsBEGINNING AT 1:00 P.M. review proof, make any needed changes and return by fax or e-mail. 409 E. Main St. #4 (mailing) • 105 1/2 Please E. Clay St.the(office) BZAis20-2020 (CONTINUED FROMyour JUNE 2020 If your response not received by deadline, ad 3, may notMEETING): be inserted.An Thank you for your interest in applying for Richmond, VA 23219 application of Myrtle H Brown for a building permit to split an existing 804-644-1550 (office) • 800-783-8062 (fax) lot improved with a single-family detached dwelling and to construct a opportunities with The City of Richmond. Ok X_________________________________________ new single-family detached dwelling on the proposed vacant lot at 10 ads@legacynewspaper.com

To see what opportunities are available, please refer to our website at www.richmondgov.com. EOE M/F/D/V Ad Size: 1 column(s) X 8.5 inches)

W 30th STREET.

BZAchanges 26-2020: An of Evolve Development LLC for a building permit Ok with X application _____________________________ to construct a new single-family detached dwelling at 2924 R STREET.

2 Issues (6/17 & 6/24) - $88.55 per ad ($177.10 total) BZA 27-2020: An application of 1112 N 35th Street LLC for a lot split REMINDER: Deadline is Fridays @ 5 p.m. detached dwelling Rate: $11 per column inch and building permit to construct a new single-family at 1112 NORTH 35th STREET. INSTALLS ON NEW Includes Internet placement & EXISTING GUTTERS The case plans and agenda will be made available on the City's Please review the proof, make any needed changes and return bylegislative fax or e-mail. website not later than June 17, 2020: https://richmondva. If your response is not received by deadline, your ad may notlegistar.com/Calendar.aspx be inserted. Ok X_________________________________________ The public may listen to the Microsoft Teams electronic meeting ter and offer comment by calling 804-316-9457 and when prompted AFTER LeafFil ter entering code 116 481 169#. For video access by computer, smart BEFORE LeafFil Ok with changes X _____________________________ phone or tablet visit https://richmondva.legistar.com/Calendar. aspx. Select the Board of Zoning Appeals drop-down and 2020 LIFETIME drop-down, click meeting details for July 1, 2020 meeting and then REMINDER: Deadline is Fridays @ 5 p.m. click video access. In the event you have difficulty accessing a public hearing you may contact Mr. William Davidson at 804+ % AND! % % 396-5350 or by email at William.Davidson@richmondgov.com for OFF OFF OFF assistance. In accordance with Ordinance No. 2020-093, please YOUR ENTIRE TO THE FIRST SENIOR & MILITARY PURCHASE 50 CALLERS! DISCOUNTS be advised that an inability to access one of the enumerated public hearing through video means shall not be considered a Promo Number: 285 prerequisite for participating in the subject public hearing. In CALL US TODAY FOR order to ensure your participation it will be necessary for you to A FREE ESTIMATE 1-877-614-6667 call in at 1 PM and stay on the line until such time as your case Mon-Thurs: 8am-11pm, Fri-Sat: 8am-5pm, Sun: 2pm-8pm EST is called. Please be advised that the Board of Zoning Appeals *For those who qualify. One coupon per household. No obligation estimate valid for 1 year. ** Oﬀer valid at esRules of Procedure provides that in the case of an application for timate only. CSLB# 1035795 DOPL #10783658-5501 License# 7656 License# 50145 License# 41354 License# 99338 License# 128344 License# 218294 License# 603 233 977 License# 2102212986 License# 2106212946 Lia variance or a special exception, the applicant, proponents or cense# 2705132153A License# LEAFFNW822JZ License# WV056912 License# WC-29998-H17 Nassau HIC License# H01067000 Registration# 176447 Registration# HIC.0649905 Registration# C127229 Registration# C127230 Regpersons aggrieved under §15.2-2314 of the Code of Virginia, in that istration# 366920918 Registration# PC6475 Registration# IR731804 Registration# 13VH09953900 Registration# PA069383 Suﬀolk HIC License# 52229-H order shall be permitted a total of six (6) minutes each to present their case. For this reason the Board respectfully requests that you be as brief as possible in your comments when your case is called by the Chairman to allow other individuals the opportunity FREE! Walk-In Tubs Savings Include an American to participate. For the purposes of the record it is also requested WALK-IN BATHTUB SALE! Standard Right Height Toilet that before addressing the Board you identify yourself and spell FREE! ($500 Value) SAVE $1,500 your name. WARRANTY

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The public may offer comments in advance of the scheduled electronic meeting by directing them to the email address listed below and the subject comments will be made available to the Board Members prior to the electronic meeting. Roy W. Benbow, Secretary Phone: (804) 240-2124 Fax: (804) 646-5789 E-mail: Roy.Benbow@richmondgov.com

June 24, 2020• 7

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For all forms or additional information, see our web page at https://www.hampton.gov/bids-contracts or call (757)727-2200.

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8 • June 24, 2020

Virginia: Open with care. COVID-19 isn’t over. We’re making progress, but we can’t leave behind all the safety measures we’ve been taking. They’re working! That’s why, when you visit your local stores, restaurants, and places of worship, they’ll only allow in half as many people as before. And they need all of us to do our part to keep them safe. Please continue to:

6 ft.

Wear a mask in public.

Stay 6 feet away. from others.

Wash your hands often.

Get tested if you’re sick!

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FDA faces lawsuit over menthol cigarettes The African American Tobacco Control Leadership Council (AATCLC) and Action on Smoking and Health (ASH) have joined forces to bring a formal complaint against the Food and Drug Administration (FDA). The organizations formally announced their joint complaint during a recent teleconference that included leaders of the organizations, attorneys and a personal testimony from LaTasha “SixFootah the Poet” Turner. Turner, who has been outspoken about the ill effects of smoking, has shared that she grew up with a chain smoking mother and believes her mother’s subsequent health issues came from smoking. Turner is asthmatic, a condition she

believes was caused by growing up around constant smoking. Her brother was born with congenital heart issues, which she also believes came from the fact that her mother smoked while pregnant. “People don’t understand that smoking is a disease... because you are hooked and addicted to it to the point where you need it,” said Turner. The recently filed lawsuit is asking the court to compel the FDA to carry out its statutory duties under the Family Smoking Prevention and Tobacco Control Act and to take steps to add menthol to the original list of prohibited characterizing flavors. Such action would result in the removal of menthol flavored

tobacco products from the marketplace. The lawsuit is intended to bring to the forefront the lack of action from the FDA to fulfill its mandate to promptly survey the medical and scientific evidence concerning the public health impacts of menthol in cigarettes, and take action on the FDA’s own conclusions that it would benefit the public health to take menthol tobacco products off the shelves. In particular, in 2009, Congress passed—and President Barack Obama signed into law—the Family Smoking Prevention and Tobacco Control Act. The act implemented a total flavor ban in cigarettes, but excluded menthol subject to further research on the public health impacts of menthol

in cigarettes. In 2011, the FDA’s Advisory Committee concluded that the “Removal of menthol cigarettes from the marketplace would benefit public health in the United States.” Though Canada, the European Union, Ethiopia and other countries have taken menthol off the market, the United States has yet to do so, despite overwhelming evidence collected by the FDA that a menthol ban would benefit public health. “We are at a moment in time when action to eradicate systemic inequities and racism is crucial to fight injustices, which include those in the public health policy arena,” according to a joint release from the organizations.