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WEDNESDAYS • Feb. 21, 2018
Richmond & Hampton Roads
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Medicaid expansion may move forward in Va. Virginia’s Republican-controlled House of Delegates has created a draft state budget that expands Medicaid, dropping years of partisan resistance in the face of pressure from newly empowered Democrats. The House plan, recently approved by the Appropriations Committee on a 20-to-2 vote, would impose requirements that Medicaid recipients seek work training and contribute to their coverage through private insurers as a condition of receiving health coverage through the program aimed at aiding lowincome individuals. In addition, Congress failed to kill the Affordable Care Act, which is what enables Medicaid expansion. Two people involved in budget negotiations said Republican leaders had polled their members in the House last week to see whether they should include Medicaid expansion. A majority said yes, partly because of support from delegates in the southwestern part of the state, where poverty and hospital closures have made health care an urgent issue. Senate Majority Leader Thomas
K. Norment (R-James City), cochairman of the finance committee, said he expects “very spirited discussions” when the House and Senate attempt to reconcile their competing plans. “This House of Delegates has had an epiphany or is going through a cultural revolution over there,” Norment said. noting how unusual it was for the Senate’s spending plan to be more fiscally conservative than the one proposed by the more traditionally conservative House. Gov. Ralph Northam (D) had called for straight Medicaid expansion, as his predecessor — Terry McAuliffe (D) — had advocated during all four years of his administration. McAuliffe’s final budget recommendation, which Northam is now carrying, was built on saving about $400 million by accepting federal dollars to expand Medicaid. Northam also signaled a willingness to compromise, as he praised the House plan. “I respect the priorities of the House majority and I am encouraged by and supportive of
our work together to bring about a new ‘Virginia Way’ on Medicaid,” Northam said in a statement. “We can and should expand coverage and provide significant training resources, counseling and incentives to connect Virginians with employment opportunities.” Northam said he looks forward to working with the House and Senate to finalize the plan, even though he may face a steep climb in the Senate. Democrats on the Senate panel voted for the budget plan but expressed disappointment it did not include Medicaid expansion. The shift in the House gave them hope that expansion will eventually be part of the budget, but some were frustrated that Senate leaders continue to resist. The House plan would set aside about $21.5 million over the next two years for setting up the job training program for Medicaid participants. The proposal would allow Virginia to extend Medicaid coverage to residents who earn up to 138 percent of the federal poverty level, with 300,000 people expected to be added
to the rolls. It would go into effect by Jan. 1, 2019. There would have to be a federal waiver to implement the job training requirement, but Republicans said they believed the Trump administration would look favorably on the waiver request. The plan would use health savings accounts to help new recipients participate in private insurance coverage, with cost-sharing provisions and incentives to keep up healthy behaviors. Nine categories of people would be exempt from the work or job training requirement, including pregnant women, children and people with major disabilities or who care for someone with a major disability. The House budget would use Medicaid savings to fund a host of other programs, including the pay raises for teachers and other state employees; setting aside $247 million for a state reserve fund; and financing $350 million to deepen channels in the port in the Norfolk area.
The LEGACY
2 • Feb. 21, 2018
News Trump’s move to end DACA program blocked
Judge Nicholas G. Garaufis in the Eastern District of New York blocked President Trump’s decision to end the Deferred Action for Childhood Arrivals (DACA) program after a suit challenging the termination of the program was filed by Virginia Attorney General Mark R. Herring and 16 fellow state attorneys general. The court found that Herring and his fellow plaintiffs were likely to prove that the Trump administration’s decision violated the law because it was “arbitrary and capricious”, and therefore issued a nationwide injunction that “enjoins defendants from rescinding the DACA program, pending a decision on the merits of these cases.” “President Trump's decision to end DACA was the very definition of arbitrary and capricious, as well as heartless and cruel,” said Herring. “There’s a reason that our laws prevent a president from making sweeping, disruptive changes on a whim, even if this president still doesn’t seem to understand that. DREAMers have lived here for years, go to school here, start businesses and families here, and contribute to the success of our commonwealth and our country. “Ending the DACA program would turn their lives upside down, hurting our economy, our communities, and our public safety efforts. While this injunction will hopefully provide some sense of relief and assurance to DREAMers who are living in fear of deportation, as well as their spouses, children, employers, and friends, it cannot be an excuse for continued inaction by Congress and the president.” Recipients of DACA, often called DREAMers, are young people who were brought to the United States at an early age without proper immigration documentation. In order to receive DACA status, a young person must come forward and apply for deferred action. To qualify, the
applicant must have been brought to the United States at a young age, continually resided in the United States for the last 10 years, be in school or the military, and have a clean criminal record. A recent poll showed that nearly 80 percent of Americans believe that DREAMers should be allowed to remain in their home communities in the United States, rather than deported back to countries they may not have been to in decades and where they may have no connections. More than 12,000 young people in Virginia have been approved for DACA according to the United States Citizenship and Immigration Services. These young people are now in school or working in Virginia and it is estimated that removing them from the workforce would cost Virginia more than $711 million in annual GDP losses. Nationwide, nearly 800,000 young people have been approved for DACA, and it is estimated that ending DACA would result in a loss of approximately $460 billion from the national GDP over the next decade. For this reason, business leaders and CEOs from some of America's largest companies, including Apple, Amazon, Microsoft, General Motors, Facebook, HP, Starbucks, and more have written an open letter to President Trump and Congressional leaders expressing their support for the program. A recent survey of more than 3,000 DACA recipients found that: - The average age of arrival was 6.5 years old; - 45 percent have a parent, sibling, spouse, or child who is a US citizen; - 91 percent were employed, as opposed to only 44 percent before receiving DACA; - 65 percent reported pursuing educational opportunities that were previously off limits for them; - Nearly three quarters were pursuing a bachelor’s degree or higher.
Newport News unveils W. Hale Thompson mural In recognition of Black History Month and in support of Newport News’s Choice Neighborhoods Initiative, Mayor McKinley L. Price and City Council unveiled a mural honoring local civil rights leader and attorney W. Hale Thompson (1914-1966) W. Hale Thompson. The mural is installed on the side of the Esquire Barber Shop – the former home of Thompson’s Law Office – at 611 25th St. Barber shop owner Vernard Lynch purchased the building from Mrs. Thompson following the death of Attorney Thompson, and Mr. Lynch has generously offered his building to host the mural. The event is free and open to the public. Hale pushed to integrate the Newport News Public Library System. He filed suit against the city and the Library Board, and before the trial was to begin in 1952, the library system announced that its facilities were open to “all adult inhabitants of the City of Newport News.”
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Feb. 21, 2018 • 3
At General Assembly session’s midpoint, 40% of bills still alive CNS - The Virginia General Assembly’s 2018 session has reached its midpoint, with more than 1,000 bills passing between the House and Senate, including potential changes to health care, criminal justice and transportation. Senate Majority Leader Thomas Norment Jr., R-James City, was pleased with what his party has accomplished this session. “From measures that will make healthcare more accessible and affordable, to meaningful legislation to grow our economy, Republican senators have been unified in their commitment to improving the lives of all Virginians,” Norment said. But more than 1,500 pieces of legislation on issues like marijuana decriminalization and gun violence have failed, having never made it out of committee. Del. Rip Sullivan, D-Fairfax, criticized the GOP majority in the House for killing legislation such as his proposal to create a legal process to temporarily remove the firearms of someone who, according to family members or friends, is a risk to himself or others. “These bills never received a subcommittee assignment, let alone a hearing,” Sullivan said. Last Tuesday was “crossover day,” the deadline for bills to clear their house of origin: - Of the 1,609 House bills, delegates passed 589, or 37 percent. They now will be considered by the Senate. - Of the 994 Senate bills, senators approved 469, or 47 percent. They have been sent to the House for consideration. Here is a rundown on the status of key legislation: Bills that have ‘crossed over’ and are still alive Immigration: HB 1257 would require Virginia to follow the immigration laws set by the federal government, potentially prohibiting so-called sanctuary cities. The measure was briefly defeated in the House on a tie vote. But then delegates reconsidered and voted 51-
49 to send the bill to the Senate. Education: HB 1419 would increase students’ recess time at school “to develop teamwork, social skills, and overall physical fitness.” HB 50 targets “lunch-shaming” by teachers — an unofficial practice in which students who can’t afford or owe money for school meals must do work or wear a special wristband or stamp. African-American cemeteries: Several bills would allow qualifying groups to collect state funds for maintaining historically black cemeteries in Loudoun County (SB 163), Charlottesville (HB 360) and Portsmouth (SB 198 and HB 527). Last year, the General Assembly approved such funding for select Richmond cemeteries. Another proposal (HB 284) would cover every black cemetery in Virginia. Medical Marijuana: HB 1251 would allow wider certification for medical marijuana usage, and increases the amount of medical marijuana dispensed by providers from a 30-day to 90-day supply. Energy conservation: SB 894 would establish the Virginia Energy Efficiency Revolving Fund. It would give no-interest loans to public institutions for energy conservation and efficiency projects. Its passage comes after several bills focused on expanding solar energy and capping carbon dioxide emissions in the commonwealth failed in the House and Senate. Transportation: HB 1539 and HB 1319 would create a reform commision for the Washington Metro and provide more money for mass transit in Northern Virginia. SB 583 would raise the motor vehicle fuels tax by 2.1 percent in the western part of Virginia to fund improvements on Interstate 81. Economic development: HB 222 would offer tax breaks to companies that create jobs paying at least twice the minimum wage in certain localities. The localities are mostly rural areas in southern and western Virginia and along the Chesapeake Bay but also include Petersburg. Criminal justice: HB 1550 and SB 105 aim to raise the threshold for
Virginia General Assembly grand larceny from $200 to $500. The new limit would keep people who steal amounts under it from being branded as felons. The current threshold, implemented in 1980, is one of the lowest in the country. Health care: HB 338 could open the door to Medicaid expansion in Virginia — an issue championed by Democrats but historically opposed by Republicans. The bill, which outlines work requirements for Medicaid recipients, made it through the House in the final days before crossover. Government transparency: SB 592 would prohibit the personal use of any campaign funds. Candidates guilty of converting campaign assets for personal use would be forced to repay the amount exploited to the State Board of Elections and could face additional fines. Prisons: Under HB 83, correctional facilities would have to ensure that female inmates have free access to feminine hygiene products. The bill comes less than a year after Congress passed similar legislation for federal prisons. Bills that have failed for this session Bump stocks: A bill banning the use of bump stocks — mechanical devices that increase the rate of fire of rifles — failed in a House subcommittee. HB 41 was introduced in response to the 2017 shooting in Las Vegas, where 58 people died and over 500 were injured. Civil Rights: Attempts to ratify the Equal Rights Amendment in SJ
4, HJ 2 and HJ 4 failed to advance beyond their original chambers. Childbearing: HB 67 would have prohibited any employer in Virginia from discharging an employee on the basis of pregnancy, childbirth or a related condition, including lactation. The bill was killed by a House subcommittee. Existing law applies only to employers with five to 15 employees. Tampon tax: Feminine hygiene products will continue to be taxed after HB 152 died in the House. Marijuana decriminalization: SB 111, which aimed to allow simple possession, was rejected in a 6-9 vote by a Senate subcommittee. HB 974, which would have legalized the possession and distribution of medical marijuana, also failed. Mental health: HB 252 would have required at least one mental health counselor for every 250 students in each high school in Virginia. HB 174 would have established protocols for police officers when communicating with individuals diagnosed with autism spectrum disorders, intellectual disabilities and developmental disabilities. In a press release, Gov. Ralph Northam commended the General Assembly’s efforts, calling the 2018 session “the most productive period I have seen since I came to the General Assembly in 2008.” “I look forward to working with Democrats and Republicans in the legislature to continue this progress and meet the challenges our fellow Virginians have asked us to solve.”
The LEGACY
4 • Feb. 21, 2018
House, Senate agree on training to counter sexual harassment cases JACOB TAYLOR CNS - Last October, the Twitter hashtag MeToo was created and shared by countless individuals refusing to be silent anymore. Men such as Harvey Weinstein, Kevin Spacey, Roy Prince, Lawrence Nassar, Louis Szekely and Matt Lauer learned that #MeToo was not just a regular social media trend that would be forgotten in weeks but instead a historical movement. Started by actress Alyssa Milano, #MeToo has shone a spotlight on powerful men who committed sexual harassment and sexual assault in many different professions and work environments, including politics Sexual harassment scandals forced the resignations of two Congressmen: Sen. Al Franken and Rep. John Conyers. Former Republican Senate candidate Roy Moore was also accused by multiple woman for sexual misconduct back in the 1970s. Over the course of five months, #MeToo has caused sweeping changes to sexual assault and sexual harassment awareness in the United States. The Virginia General Assembly is no different. Multiple Senators and Delegates have worked to raise awareness and introduce new legislation on the matter. Sen. Glen H. Sturtevant Jr., R-Powhatan Country, and Del. Roxann L. Robinson, R-Chesterfield, have both introduced legislation requiring mandatory sexual harassment training for all General Assembly members, member’s fulltime legislative staff and full-time staff of each legislative branch agency. “Eliminating sexual harassment must be a top priority,” Sturtevant wrote in an email. “As the #MeToo movement continues to expose unacceptable and hurtful behavior, it’s important that we also embrace victims who come out and create a supportive environment for them to address their concerns.” Both Sturtevant’s bill, SB 796, and Del. Robinson’s bill, HB 371, stipulate the sexual harassment training course be completed through the Commonwealth of Virginia Learning Center and administered by the Department of Human Resource Management. SB 796 requires the training once every two
Sen. Jennifer McClellan calendar years while HB 371 would require once every calendar year. In a speech during a recent House session, Robinson said: “This training has two purposes. The first to remind us all what is and is not appropriate behavior for a professional work environment and secondly to inform everyone who works on capital square that there is a reporting procedure in the event there is an inappropriate behavior.” The size and vast scope of the #MeToo movement has given Senators and Delegates, in many state legislatures, an opportunity to introduce legislation creating real, effectual change in political workplaces. Sturtevant and Robinson are also co-patrons on the other’s bill. Sen. Jennifer L. McClellan, D-Henrico County, is a co-patron on both pieces of legislation. When asked whether sexual harassment and sexual assault is a big issue in politics, McClellan answered yes. She also spoke about public employers’ role in administering the necessary harassment training. “Public employers haven’t necessarily done the best job,” McClellan said. “So I do think at the national level, state level and local level, public employers need to really take a hard look at what training
they are providing. If it’s not good enough, then pass laws to beef it up.” U.S. Secretary of State Rex Tillerson spoke recently to U.S. embassy staff in Cairo, Egypt, about sexual harassment and urged that all State Department employees complete mandatory training by June 1, according to Reuters. “It’s not OK if you’re seeing it happening and just look away,” Tillerson said in a Reuters article. “You must do something. You must notify someone. You must step in and intervene.” HB 371 and SB 796 also require the sexual harassment training course be online and made available 24 hours per day, seven days a week. Sturtevant emphasized that his legislation aims to prevent future occurrences of sexual harassment and to start a support system for victims wishing to speak out. “This is a great first step to ensure the legislature is educated and is held to the highest standard,” Sturtevant wrote. “In the future, it is my hope that we continue to build off this legislation to develop greater safeguards.” Del. Vivian E. Watts, D-Fairfax County, passionately issued her support for HB 371 on the House floor but pushed for the bill to include a number of amendments ranging
from small revisions to adding material to the training course. The House voted along party lines, 50yes to 49-no, to not includeWatts’s amendments in the bill. The American Civil Liberties Union of Virginia also showed its support for HB 371. In an confirmed online comment, the organization wrote: “The ACLU of Virginia strongly encourages the General Assembly to ensure that the reforms in HB371 apply to all forms of workplace discrimination and not just sexual harassment. Training and accountability are just as necessary for those who suffer discrimination based on race, ethnicity, religion, age, disability, genetic information as well as sex — including pregnancy, gender identity, and sexual orientation.” Both bills have an effective start date of Jan. 1, 2019. Additionally, the bills state that legislative staff who begin work as well as new assembly members elected after the start date have 90 days to complete the training. SB 796 passed the Senate Tuesday 40-0. The bill is still awaiting to be referred to a House committee. HB 371 passed the House on Feb. 1 8810 and has already been referred to committee on rules in the Senate.
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Feb. 21, 2018 • 5
Bill narrowly passes to add other distractions to phone use while driving in Virginia ABBY SEABERG CNS - Imagine getting pulled over by a police officer because you had your phone in your hand. When the officer pulls you over for probable cause of texting and driving, you simply say ‘I wasn’t texting, I was on Facebook.’ As ridiculous as an excuse like this sounds, it is not unheard of, according to Del. Christopher E. Collins, R-Warren. Why? Because there is no statute that explicitly states that you cannot use your phone for things other than texting while driving, which is why Collins proposed a bill to change that. The bill, HB 181, states that if a phone is substantially distracting a person from the operation of his or her motor vehicle, the driver can be found guilty of distracted driving. This traffic infraction is punishable by a fine of not more than $500. “This, ladies and gentlemen, is in
Del. Sam Rasoul response to 6,000 individuals killed annually in the United States, a half a million are injured," Collins said during a House session. “The CDC estimates that’s 9 deaths per day as well as 100,000 injuries per day from distracted driving.” Collins also emphasized that the
2018 Child Tax Credit changes One of the changes made to the child tax credit was the amount of tax credit that can be claimed per qualifying child. From $1,000, the newly reformed bill doubled the amount to $2,000. If you have one child, the tax credit you will get is $2,000, if you have two children, $4,000, and so on. The tax credit, which is different from tax deduction that reduces the income subject to tax, will be deducted from the tax bill dollar-for-dollar. More of this tax credit has also been made refundable. Unlike before that the Child Tax Credit was nonrefundable, which can only be used to deduct to the taxpayer's bill, now it has more refundable credits of up to $1,400 that can be claimed even if the taxpayer ends up with no liability at all. For instance, if you have $1,000 calculated tax for the year and you have $1,400 refundable credits, you can reduce your tax bill to zero and still get that extra $400. This would very much benefit especially low-income Americans. Another notable change is the adjustment of income qualification. In the past tax year, the credit
benefits mostly low- to middle-income households. But with the reformed bill, there was an increase in the phaseout thresholds that makes the credit available to more thresholds. For example, for those married filing jointly, the maximum AGI for full credit is $400,000 and the credit gets removed from an AGI over $440,000. Moreover, for those single, head of household, and married filing separately the maximum AGI for full credit is $200,000 and the credit gets removed from an AGI over $240,000. There will also be $500 nonrefundable family credit for every other dependent. These dependents might be the aging parents or children 17 years old or above that you still provide support. Although the aforementioned changes in the Child Tax Credit seem good, it does not change the fact that taxpayers are still losing the personal exemption. The increase in the deductions does not even equal the loss of taxpayer's personal exemption. But when it comes to the number of dependents, the new higher child tax credit would be an advantage.
update to current law was necessary given the limitations of the current texting and driving statute. “We’ve worked over the last couple years to try to tighten up the language and this is what we’ve come up with,” Collins said. Other members of the House, however, thought that the language presented in the bill had not been tight enough. Del. Sam Rasoul, D-Roanoke,
said the bill allowed for too much ambiguity, particularly with its usage of the word “substantial.” “I’m not saying this is a bad bill,” Rasoul said. “But it’s not very clear to us, to many of us, what ‘substantially diverts’ actually will mean.” After the rejecting the first substitution and agreeing to the second on Feb. 12, the House defeated the bill in a 47-53 vote on Feb. 13. But on that same day, the House agreed to reconsider the defeated bill. Del. Jeffery M. Bourne, D-Richmond, told the House he opposed the bill because its ambiguity might lead to unfortunate implications. “It would allow and add to the list of traffic offenses that some are pulled over for in a pretextual way, and those pretextual stops are disproportionately affecting men and women of color,” Bourne said. “Many issues that we deal with are not black and white, but equal, fair and consistent application of the law may be one of those that unfortunately still is.” The reconsideration of HB 181 led to its passage in a 50-47 vote. It was sent to the Senate Committee for Courts of Justice.
VB beach to answer lawsuit United States District Court Judge Arenda L. Wright Allen has ordered Virginia Beach, to answer political rights activist Latasha Holloway’s voting rights complaint against the City. Holloway previously filed the lawsuit challenging the at-large method of electing the city council of Virginia Beach. The complaint alleges that the “the City of Virginia Beach’s at-large election scheme in Virginia Beach violates Section 2 of the Voting Rights Act by unlawfully diluting or minimizing minority voting strength and equal opportunity to elect representatives of their choice. The lawsuit, filed in the U.S. District Court for the Eastern District of Virginia, follows an extensive review of the city’s electoral practices, history, and current conditions, guided by extensive precedent applying Section 2 of the Voting Rights Act. Among other important factors in the case law, Holloway said that Virginia Beach has racially
polarized voting patterns, with white voters consistently opposing and defeating the preferred candidates of Virginia Beach’s sizable black community. Although black residents comprise roughly one-third of the electorate and consistently support black candidates for local office, only three blacks and one Filipino has ever served on the Virginia Beach City Council. With Virginia Beach’s current apartheid system, voting patterns combined with other local factors dilute the black community’s voice and lead to a discriminatory result. The complaint also alleges that changing the method of voting for example, by electing each council member from a ward or singlemember district could create an equitable opportunity for black voters to elect a candidate of their choice to the Virginia Beach City Council. The lawsuit seeks a federal court order implementing a new method of electing the city council.
6 • Feb. 21, 2018
Op/Ed & Letters
The LEGACY
To my brilliant daughters, no one can take away your history SHARHONDA KNOTT-DAWSON I have so many hopes and dreams for you, that if I tried to say them all, they would run longer than the entire Harry Potter series! My hopes for you, my two beautiful black girls, are so simple and yet also entirely grandiose. My dreams for you, beautiful black girls, are that you are free to be whoever you want to be. If you only get one lesson from me, your mother, let it be this: Your history didn’t start with slavery, and White people's history didn’t start in the United States of America. As your black parents, your father and I are teaching you our viewpoint. Our black culture begins with the beginning of humans. In fact, the first humans lived in Africa. The first civilizations were in Africa. Our Christianity began in Africa. Africa is our homeland and everything about Africa should bring you pride. Wear your African-ness, your blackness with pride! Your history, the history of the continent of civilization in Africa, starts in modern day Sudan, around 6000 B.C. In fact, the first “empire” of two great nations happened between modern-day Egypt and modern-day Sudan. We will be sure you know those modern names are European names. We will teach you their deeprooted African names: KMT and Meroe.
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from a legacy of beautiful, brilliant black women. We are teaching you the history of Ancient Kemet, Meroe and Nubia. You will learn of the African civilizations, the use of iron and tools in Africa, the resource riches of the African continent and the complicated, fascinating history of over 10,000 years of human civilization. Africa had kings and queens and warriors, slaves, artists, scientists, mathematicians, farmers, sailors, inventors and musicians. You come from a beautifully talented black culture. As your mother, I have told you repeatedly that you are already free to be whoever you want to be. But as you approach adolescence and spend more time in schools than you do with your parents, you may begin to doubt that I told you the truth. See, the books that you will read and the lessons you learn, will not validate your potential exactly as you are, beautiful, brilliant black girls,
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YOU MUST LEARN THEIR HISTORY. BUT YOU CAN TAKE A BROADER PERSPECTIVE. In formal school education, you will be exposed to a different viewpoint. Most school curricula in the United States are completely uninterested in young, brilliant black girls like you learning about your culture, discovering multiple viewpoints or forming your own opinions. In school, you will likely be inundated with stories of Europe: Ancient Greece, Roman Empire, the Medieval Period, Dark Ages, Industrial Revolution and the British Empire. Then you will be told all about the greatness of the United States of America that comes from the rich history of Europe. You will be forced to memorize, learn and admire the brilliance and beauty of Europe and White people. This is something I cannot protect you from. You must learn their history. But remember, more than facts are at stake. In those classrooms, you are seeing only their viewpoint. You can take a broader perspective. OUR BLACKNESS IS BEAUTIFUL, BRILLIANT AND RESILIENT The United States of America was founded in 1776. On July 4, 2018, the U.S. will be 243 years old.
Europeans landed in the Americas in 1492 and have been interacting with indigenous land of the First Americans, for almost 550 years. Understand this, my beautiful, brilliant black daughters. Your history is over 10,000 years old. The enslavement of black people by white people, is at best, only 550 years of your history. That is a mere 5.5 percent of your totality. Sure, the enslavement of black people by white people, and our subsequent struggles to become totally free, are important to know and learn. But they are a very, very small part of who you really are and who you, and we, as black people, can be. What makes you, and other beautiful, brilliant, black children, different from many white children, is you know that their history isn't just fact-it is a viewpoint. And, that you, as a black American, as a black African, have completely different interpretations of history, of heroes, of scholars and who is “important”. As your parent, I wish you were free, my beautiful, brilliant black children to speak openly, honestly and without fear about who you are and your black history. But it is not always safe for you to do that. Talking about Ancient Egypt being African can get you in trouble. Having a name that “sounds black” can lose you a job. In fact, much of
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Feb. 21, 2018 • 7
P.T. Hoffsteader, Esq.
When a culture removes faith Another horrific act has shaken our nation and leaves us asking questions. Why? Why does this keep happening? Why does the body count keep rising? What can we do to stop such reckless evil? My friends, the Left is opting for the easy answer. They say gun control is the only way to prevent the senseless violence. But, here’s the reality: these guns don’t pull their own trigger. Guns don’t murder. Evil people do. Since our nation’s inception, we have protected the Second Amendment. For much of our history, guns have been more readily available than they are now. So, what’s changed to usher in this era of tragedy after tragedy? We now have a culture that insists on the absence of God and one that increasingly fosters division. Many of us remember the days where you could pray in school. We remember a culture where we weren’t taught we were a mass of cells to be devalued and terminated if no longer convenient. We remember a day when the majority of our citizens believed that they- and their neighbor- were not an accident. Instead, they were fearfully and wonderfully made by their Creator. I remember when the family unit the proven indicator for a prosperous and well-balanced life- was lifted
up instead of mocked. I remember when political correctness did not get in the way of civil dialogue with your neighbor who disagreed with you - where the Left did not put us in boxes and separate us based on our differences. But, you know what I don’t remember from those days? Mass school shootings! Look, there will always be crazy and wicked people who simply want to kill by any means necessary. But, when you remove God, devalue human life, attack a moral foundation, undermine the family, reinforce hate over healing, and silence speech- you create a moral and spiritual crisis. The theme of my campaign is to “Believe Again.” That’s not just a nice and fluffy thing to say. I’m running because I still believe that America is a noble nation, blessed by God and remarkable in righting the wrongs of our past and healing our divisions. If we want to usher in an New Era of American Greatness, we need to “believe again.” As your U.S. senator, I will work tirelessly to restore the Judeo-Christian principles upon which our nation was founded: respect for human life, belief in moral truth and the First Amendment right to disagree without be prosecuted by your government or persecuted by follow citizens. If you want to “Believe Again”, I need your help. Can you visit www.ewjackson.com and donate or volunteer today? Tim Kaine and his leftist gang have assaulted the foundation of this country, and led the nation into tragic moral relativism. They use terrible tragedies to attack our Second Amendment rights because
their ultimate aim is to disarm the American people. That is always the goal of would be tyrants. The real problem is not too many guns but too little of God. God’s word says, “You shall not murder.” If a public school teacher says that in the classroom, she would be severely reprimanded and maybe fired. There certainly are short term steps we can take to try to keep guns out of the hands of deranged people, but the real solution lies not in what we take from peoples hands, but what we put in their hearts. E.W. Jackson Chesapeake
Thank you!
I’d like to thank the members of [Richmond] City Council for their vote last night to provide the much needed funds to fix our facilities in Richmond Public Schools. I am so grateful for the hundreds who signed our petition, who called or emailed their member of City Council, and who showed up [last week] to make their voices heard. For far too long our children have been allowed to walk into schools that have been neglected for generations. Now it is on us, your elected representatives, to ensure that these new funds go entirely to bettering the lives of our children in RPS. I have committed to being a voice for accountability as we move forward as we have been entrusted with a great responsibility with these additional dollars. Today, however, I am simply grateful to you and to all who helped us achieve what I believe to be the most significant vote on public education in the city in decades. Levar Stoney Richmond
(from page 6) life will be devoted to protecting yourself from white people’s false views about who black people are and what they have and can do. But I promise you, with all that I am, I will tell you the truth. Just as my mother told me the truth. Your ancestors who came to the Americas 500 years ago not only survived attempted physical and cultural genocide, they kept our black African story, culture and beauty alive. Remember 550 years is nothing compared to over 10,000 years. Our last 550 years is not our whole story. In fact, it is just a tiny piece of the story. No matter what white people think, or try to tell you about who you are as a black person, we have a very different perspective. As your parent, I swear on the lives of all our ancestors over our 10,000year history, I will never let you forget how beautiful and brilliant you are, my black daughters. Nor will I let you forget our beautiful, brilliant black culture. You are part of a beautiful, brilliant, black people that has a history and presence throughout the world. 500 years? Ha! You are in but a minute of your 10,000-year story. Our black is brilliant, beautiful and most importantly, resilient. Knott-Dawson is the mother of two free-spirited, strong-willed girls and has a husband who should be appointed a saint for co-existing in the madness that is their life. She writes on politics, education, current events and social justice.
8 • Feb. 21, 2018
Faith & Religion
The LEGACY
Another court finds Trump guilty of religious animus MARK SILK OPINION Does anyone think that, if it had been a troubled Muslim youth who was arrested for killing 17 students at Marjory Stoneman Douglas High School, President Trump would be tweeting out concerns about mental health? Of course not. You and I and everyone know that he’d be denouncing radical Islamic terrorism. And that knowledge lies at the heart of the latest judicial decision on his travel ban, issued Thursday. Writing for a 9-4 majority of the 4th Circuit Court of Appeals in International Refugee Assistance Project v. Trump, Chief Judge Roger Gregory put it this way: “Plaintiffs here do not just plausibly allege with particularity that the Proclamation’s purpose is driven by anti-Muslim bias, they offer undisputed evidence of such bias: the words of the President.” As in, for example, an Aug. 17, 2017, tweet in which he endorsed an apocryphal story involving General Pershing and a purported massacre of Muslims with bullets dipped in a pig’s blood, advising people to “[s] tudy what General Pershing…did to terrorists when caught. There was no more Radical Islamic Terror for 35 years!” The majority, wrote Gregory, could therefore not agree with the government’s position that the ban reflects “the compelling secular goal of protecting national security from an amply-documented present threat,” as opposed to “religious animus.” Rather, an objective observer could conclude that the President’s repeated statements convey the primary purpose of the Proclamation—to exclude Muslims from the United States. In fact, it is hard to imagine how an objective
observer could come to any other conclusion when the President’s own deputy press secretary made this connection express: he explained that President Trump tweets extremist anti-Muslim videos as part of his broader concerns about “security,” which he has “addressed…with…the proclamation.” For that reason, the travel ban (now in its third iteration) violates the First Amendment’s Establishment Clause, which the Supreme Court has interpreted as preventing the government from sending a message to adherents of any particular religious tradition “that they are outsiders, not full members of the political community.” In dissent, Judge Paul Niemeyer did not dispute the evidence of Trump’s anti-Muslim bias. He simply contended that the only evidence of such bias the court was entitled to consider had to be in the text of the proclamation itself (and there was none). “This case involves an Article III court’s bold effort to second-guess U.S. foreign policy and, in particular, the President’s discretionary decisions on immigration, implicating matters of national security,” Niemeyer wrote. “Our constitutional structure forbids such intrusion by the judiciary.” In other words, an executive order relating to immigration and/or national security cannot be judged a violation of the Establishment Clause so long as it does not actually say that it is discriminating on the basis of religion. The Supreme Court has scheduled oral argument for the case in April. One can hope that the justices will insist that the judiciary does indeed have the power to prevent religious discrimination by a president, regardless of where he emits his discriminatory intent.
Dr. Grace E. Harris Family, friends, and colleagues, It is with great sadness that I inform you that Dr. Grace E. Harris transitioned [last] week to the realm of our ancestors. Dr. Harris was an inspirational leader in the Richmond community leaving behind a successful career in service and commitment to education. Her life and legacy is a great story of perseverance and redemption. In case you don’t know her story, Dr. Harris was initially rejected from Richmond Professional Institute (now known as Virginia Commonwealth University) in 1954 because of her race. Years later she would become one of the first African American faculty at VCU and was promoted through the ranks to Dean of the School of Social Work, Provost, and Acting President of the University. She retired from VCU as Provost in 1999. Currently on VCU’s campus there is a building named after her, as well as The Grace Harris Leadership Institute in the L. Douglas Wilder School of Government. Dr. Harris is survived by her husband, James “Dick” Harris; daughter Gayle E. Harris; son James “Jay” Harris Jr.; grandson Jullian Harrison; stepdaughter Gail Ford; brother William E. Edmondson; two sisters Marian Brazziel and Mayme BaCote; and a host of nieces, nephews, relatives, and friends. You may pay your respects as the viewing will be held at Scott’s Funeral Home located on 115 E Brookland Park Blvd on Friday February 23rd from 9 a.m. until 8 p.m. The funeral service will take place in The Richmond Convention Center located at 403 N Third Street on Saturday February 24th at 9 a.m. where a Delta Sigma Theta Omega Omega Service will be held at 10:30 a.m. followed by a Services of Celebration at 11 a.m. at Interment Mt. Calvary Cemetery. In lieu of flowers, it is requested that donations be made to the Grace E. Harris Merit Scholarship by going to https://www.support.vcu.edu/give and searching for “Harris”. Daryl V. Fraser, LCSW President, Richmond Association of Black Social Workers
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Feb. 21, 2018 • 9
American Civil War Museum remembers black Union soldiers DAVID STREEVER
At least four of the 180,000 African American soldiers who fought for the Union were buried in either East End or Evergreen cemetery on the outskirts of Richmond. Their stories were forgotten, in part because of the Jim Crow laws that disenfranchised Black Richmonders and their burial grounds. Two journalists, Brian and Erin Hollaway Palmer, brought some of those stories to life Monday night at The Camel, for 60 attendees of a History Happy Hour sponsored by the American Civil War Museum, titled “Freedom Fighters at Rest.” The theme and timing coincide with Black History Month. Right: Sean Kane, rograms specialist from ACWM The Palmers became interested in local graveyards after Brian discovered his great-grandfather, Matthew Palmer, was buried in Camp Peary, near Williamsburg. Matthew had served in the 115th Regiment during the Civil War, in one of the many regiments of the United States Colored Troops (USCT), named during a time when the offensive term colored was in wide use. Brian knew his father had grown up in Magruder, an unincorporated community where many African Americans lived following the Civil War before the Army displaced them to make Camp Peary during World War II. He was able to visit and see the grave of his ancestor, but that was the end of his story. Like many of the African American soldiers, Matthew had been enslaved before the war, and records for him and many other men were conflicting, contradictory, or non-existent. The Palmers relocated to Richmond, from their home in Brooklyn, and began work on two ambitious projects: The first to document the classified site known as Camp Peary, and the second, to uncover and reveal the stories of
local men and women buried in East End Cemetery. The stories of soldiers they found gave them a little insight into Brian’s great-grandfather, from the extraordinary life of William I. Johnson to the more ordinary account of Henry Williams. Johnson was a prominent and wealthy man when he died in 1938. The Palmers found his story in the Work Projects Administration, which he shared in 1937, a year before his death at 98. He recounted growing up, being traded from home to home, and witnessing acts of torture at neighbors homes that shocked him. Even families that didn’t use torture “thought nothing of breaking up a family and selling the children,” Johnson said to his interviewer. “Virginia WPA narratives were more accurate because African Americans interviewed the subjects, instead of the descendants of slave owners doing the interviews,” Brian said, as he described reasons Johnson’s narrative was credible. While Matthew Palmer never
became rich, Brian theorized that he probably joined the Union army the same way that Johnson had, at the urging of Union soldiers held prisoner near the men. “They explained to us about slavery and freedom,” Brian read from Johnson’s account. “They told us if we got a chance to steal away from camp and got over on the Yankee’s side we would be free. They said if we win, all your colored folks will be free, but if the “Rebels” win you will always be slaves.” Henry Williams of the 51st, Henry Wheaton of the 62nd, and Coleman Smith of the 27th Regiment were the other three soldiers buried in East End or Evergreen. Williams led a mostly ordinary life in comparison to Johnson, and conflicting records place him at both East End and Evergreen, but a letter suggests Evergreen. Wheaton served under Lieut. Col. David Branson, a notoriously tough commander who didn’t tolerate idle soldiers. When he entered the
war his signature was a crude X; under Branson, he learned to read and write, and the Palmers have found documents archived with his handwriting. The final man, Smith, is mostly documented only in his pension application, made long after the war when he was 82. Part of the pension process required documentation of age, which wasn’t easy for most of the men; they had no birth certificates or records, as they were legally considered property. Smith claimed his age was 82, with a family anecdote to support it. Seventy years prior, he had helped his father, an engineer, and other men with dangerous work on the James River; after one particularly risky moment, another man asked his age, and his father affirmed he was only 12. He kept count from that day forward. Brian and Erin continue to seek information on Camp Peary, and have made connections with other historians and archivists as they hunt for the story of Matthew Palmer. They know he was in Texas at the close of the war, but the official record ends there. “We spoke with a historian who thinks he followed the path of other men before him,” Erin said. “Taking a boat to New Orleans, then heading to Charlotte probably.” Matthew’s story may end there, but for Brian and Erin, their work has just begun. They’re part of Friends of East End Cemetery, a local group that meets at the burial site every Saturday to uncover the history of the men and women buried there. The two have found nearly 2,900 graves since they began this project, but it’s taken a long time for Brian to feel optimistic, he said. “Erin knew it from the beginning, but not me. I would pull vines and go home feeling angry. But now I see opportunity. Every headstone we uncover is a victory.” -GAY RVA
10 • Feb. 21, 2018
The LEGACY
Jordan Greenway makes Olympic history Jordan Greenway, a 20-year-old ice hockey player, is part of Team USA at the Winter Olympics 2018 in Pyeongchang, South Korea. He is making history as the first-ever African American to compete for the USA Men’s Olympic hockey team since the games began in 1920. Greenway, a 6-foot-5, 230-pound player, has been chosen to play by his coach late last year and he considers it the “greatest Christmas present” he ever got. “I dreamed of [it] as a kid, and I didn’t think it was going to happen before I graduated college, but I’m fortunate that it did, and I just couldn’t be more excited!” Greenway said. His love for ice hockey roots from when he first started learning to skate at the age of three. In his hometown at Canton, New York,
there are ice rinks all over the town and everyone plays hockey. Greenway and his younger brother JD both play hockey. Even though they’re both competitive in nature, they encourage each other to be great in the game. “JD was probably the better athlete in the family, but yeah, no matter whether we were playing hockey or football or rock, paper, scissors, whatever the case was, we always wanted to win, so I think that’s really allowed us to continue to work hard and have the success that we’ve had up to this point,” Greenway said. Most players in the National Hockey League are white but it did not stop Greenway in achieving his dreams. “There wasn’t a lot of AfricanAmericans playing and I think, honestly, outside of my brother and I, I can’t think of a ton… so I just kind of grew up around it and it was kinda the norm,” Greenway said. Greenway has been drafted by the Minnesota Wild in 2015 but he chose to stay at Boston University where he plays forward. Greenway is also one of the first amateur players to play for the US Men’s Olympic hockey team in the Winter Olympics since no players from the NHL were
sent to compete this year. Greenway’s goal isn’t only to compete in the Olympics but also, to become a role model to other African Americans. “I’m the first African American to play hockey for the United States at the Olympics but hopefully I’m the first of many,” Greenway said. “Hopefully these kids go out, try something different, play hockey, and hopefully I see a lot more
C.L. Belle’s
Maame’s Olympic first Maame Biney, 18, is the first black woman ever to join the U.S. speedskating team for the Winter. Biney stepped onto the ice for her Olympic debut last Saturday to compete in the 500-meter short-track event. Even though a first-timer surrounded by seasoned competitors, Biney’s faith did not rattle and her veteran-like performance secured her a spot in the quarterfinals. Biney finished second in the opening round in her heat (43.665 seconds) behind China’s Fan Kexin (43.350 seconds). Her incredible block and strong maneuver are what held off South Korea’s Kim Alang who finished third, ensuring her advancement. However, fellow American Lana Gehring failed to
qualify. Born in Ghana, Biney and her father moved to Virginia in hopes of better opportunities. Little did they know that those opportunities would include going to Pyeongchang to compete for the Winter Olympics. Yet, she doesn’t put too much expectation on winning, she also wanted to make the most out of this experience. “I don’t really feel pressure to be the first to get a medal or anything like that,” she said back when she was still preparing for the competition. “I just want to go out there, do my best and have fun, and experience the Olympics. That’s what I’m here for. I’m here to win, obviously, but also have fun.”
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Feb. 21, 2018 • 11
VCU Dance to present Ask Alma Helen Simoneau Danse In this new evening-length work, choreographer Helen Simoneau investigates heritage, assimilation and identity to reveal how the willing erasure of the self may serve as a means of renewal and redirection. Examined abstractly through the lens of caribou, the iconic and threatened species from Simoneau’s native Canada, this most powerful member of the deer family serves as a trail guide for the work. As a Québécoise living and working in the United States, the daughter of an Anglophone mother and Francophone father, Simoneau draws upon the duality of living between two languages to explore both immigrating and migrating forms. What is the impact of arriving and of departing? Land Bridge considers the patterns and tendencies implicit in both human and animal behavior. This work marks Helen Simoneau Danse’s first evening length piece and first collaboration with highly acclaimed composer and flutist Nathalie Joachim, who shares with Simoneau the experience of navigating acclimation. Drawing from a lifetime of embracing both her Haitian and American heritage, and the often delicate balance of such a duality, Joachim created an electroacoustic score that captures an intrinsic human quality paired with unapologetically synthetic sound. Her use of the human voice in song, breath and articulation throughout the score is representative of the importance of language and/or the lack thereof as it relates to cultural identity. The cyclical and recurrent nature of the electronics reflect engrained processes that carry through generations, both human and animal, despite their evolution. The score is a testament to standing softly yet with conviction in all that you are through the varying stages of life. Preview of Landbridge The creation of Land Bridge was made possible, in part, by New Music USA, made possible by annual program support and/or endowment gifts from the Andrew W. Mellon Foundation, the Mary Flagler Cary Charitable Trust, the Baisley Powell
A voice from the past Helen Simoneau Danse PHOTO: Peter Mueller Elebash Fund, and the Gladys Krieble Delmas Foundation. Land Bridge was also made possible by the John W. & Anna H. Hanes Foundation, the Lafayette College Choreographers on Campus (Andrew Mellon Foundation), the N.C. Arts Council, a division of the Department of Cultural Resources, the James G. Hanes Memorial Fund, the WinstonSalem Foundation, the Arts Council of Winston-Salem and Forsyth County, University of North Carolina School of the Arts, Salem College, the Bogliasco Foundation, and Diversified Trust. Helen Simoneau Danse’s Land Bridge is the fifth event of the VCU Dance 2017-2018 Season. The presenting program of VCU Dance is committed to building and engaging dance audiences in the University and Richmond community while providing opportunities for artists to present and create work. Funding for the 2017-2018 season is graciously provided in part by the E. Rhodes and Leona B. Carpenter Foundation. Recognized by professional dancers and choreographers as “a place where things are happening,” Virginia Commonwealth University’s Department of Dance and Choreography offers a vibrant and stimulating atmosphere where students prepare for careers in dance.
Dear Alma, My husband had a daughter before we were married. She’s never really been a part of our lives. When her mother married, she and her husband decided to raise his daughter and nothing was ever discussed. Fast forward eight years, and now they are no longer together. I heard that her husband started gambling and lost his job, but I don’t really know all their business. She recently called my husband and said he needs to start paying child support. I’m not mad, but I don’t want my husband to be taken advantage of. How can I best handle this situation? LaTicia, Baltimore, Md.
Put on your flip-flops, Bahama Mama and let’s take a walk down this beach together. As a mother, I’m sure you can understand her plight. Her position is different than yours, you being the wife and all, but a mother’s love is a mother’s love no matter the
circumstances. Your husband was able to turn a blind eye all these years, which wasn’t right – so don’t you go mishandling his underhanded oversight. She didn’t come to your husband for child support initially for whatever reasons because clearly both her needs and the needs of her daughter were being met. I commend her for that, because she had every right to be in your husband’s pocket all along. The fact that her husband is now unable to provide for the family as he was previously doesn’t remove your husband from his obligation and commitments to his daughter. You and your husband should come up with an amount that works based on your finances, one that you can commit to and deliver every month. Be fair, don’t be shady and continue those payments even if she and her husband reconcile. You should also commit to spending time with his daughter, all of you as a family. It goes without saying, she should be welcomed into your home with loving arms. Life has taught me and I’m a firm believer, you get what you give, give her more than what’s expected. By all means, refrain from wretchedness. Be the best wife and stepmother you can muster. This situation will follow your lead. Remember, it won’t be easy for baby girl, either. She’ll need a minute to warm up and adjust to you and your family. Provide and nurture her, as if she were your own biological daughter. Then stand back and watch her bloom into all that she can possibly be.
12 • Feb. 21, 2018
The LEGACY
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Feb. 21, 2018 • 13
Va. child care centers adapting to laws for background checks JOSH MANDELL Virginia preschools and child care centers are moving quickly to complete fingerprint-based national background checks for staff and volunteers that are now required under state law. The Virginia Department of Social Services is implementing the background checks to meet safety regulations included in the federal Child Care and Development Block Grant Act of 2014. Virginia received about $120 million in federal funds through the block grant in fiscal year 2017. The federal law and related legislation passed by states were motivated in part by the 2012 death of an infant at an in-home daycare center in Shenandoah. After Camden Lafkin died from Sudden Infant Death Syndrome at the daycare, a fingerprint-based background investigation found that the daycare owner had used multiple aliases to hide a felony charge and a history of drug abuse. The 2015 General Assembly passed “Cami’s Law,” which required fingerprint background checks for all licensed childcare providers in Virginia. The requirements were extended to religious-exempt childcare programs in 2017. However, the Virginia Department of Social Services did not implement a process to collect fingerprints until this January. The VDSS has contracted with Fieldprint, a national provider of fingerprinting services with more than 30 locations in Virginia, including one on State Farm Boulevard in Albemarle County. If the Virginia State Police or the FBI finds that someone has a criminal record, the VDSS Office of Background Investigation determines if they have committed a “barrier crime” that would prohibit them from working with children. The required background checks cost $57 for employees, applicants,
Crystal Bland, director of the Jefferson Area Board for Aging’s Shining Star Preschool, helps preschooler Tristan Brown with a sorting activity. PHOTO; Josh Mandell, Charlottesville Tomorrow
agents, caregivers, approved providers in a family daycare system, and household members living with home-based daycare providers. Volunteers pay $38 for the background checks. The VDSS has approved funds to cover the fees for child care background checks through Sept. 30, or until the funds are depleted. “At this point, we anticipate there will be adequate funds available to cover these fees,” Cletisha Lovelace, spokeswoman for the VDSS, said in an email. In a 2017 request for proposals to provide the statewide fingerprinting services, the VDSS estimated that it would process 80,000 to 100,000 background checks in the first year of implementation. The department is updating the clearance of current employees on a staggered schedule based on when they last completed a standard background check. Lovelace said the background check prices include the fees charged by the VDSS, the FBI and the Virginia State Police, plus an $8.72 surcharge from Fieldprint. The background checks must be completed before starting a new job or volunteer commitment at
a childcare center, and must be updated every five years. Jennifer Slack, owner of Our Neighborhood Child Development Center in Charlottesville, said the new background checks are causing delays in on-boarding new teachers, and that she is concerned about covering the fees after the VDSS stops funding the checks. “It’s a big burden on programs that already are short-staffed,” Slack said. “Knowing what people’s backgrounds are before they work with kids is absolutely essential, but there clearly is a more reasonable way to go about it.” Jill Clark, preschool and kindergarten director at Charlottesville Congregation Beth Israel, said in an email that she wishes employees’ background clearance could be transferable from one institution to another. “The employee should have access to their fingerprints and information,” she said. Directors of two nonprofit preschool programs said they are less worried about the new background checks than are their colleagues at private centers. Crystal Bland, director of the Jefferson Area Board for Aging’s
Shining Star Preschool, said her fingerprint background check was processed in just one week. Bland said it makes sense to have preschool job candidates complete their background checks before they visit her classrooms. “It’s another step for safety, and I think it’s a great thing,” Bland said. “That person [applying for a job] could be anyone.” Harriet Kaplan, director of the Monticello Area Community Action Agency’s Head Start preschool program, said federally funded programs are accustomed to dealing with government regulations. “With federal grants, you do what they tell you to do,” Kaplan said. “We are not too worried [about the background checks].” The Virginia law requiring the fingerprint background checks for licensed child care providers currently includes a sunset clause that brings it back to the General Assembly for reapproval each year. Last week, the House of Delegates unanimously passed HB873 to extend the requirement through 2020. The bill has been referred to the Senate Committee on Rehabilitation and Social Services.
14 • Feb. 21, 2018
The LEGACY
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Right-to-work nation?
Getting ready for Janus v AFSCME Don McIntosh
The U.S. Supreme Court will soon hear the most significant labor law case in decades on Feb. 26. In Janus v. AFSCME, a lawyer for an anti-union group will argue that requiring union-represented public employees to pay anything at all to the union would be an unconstitutional violation of their First Amendment free speech rights — because that would be like making them pay for political speech they might disagree with. The court addressed that same argument over 40 years ago in a 1977 case called Abood v. Detroit Board of Education and came up with a compromise: Union-represented workers who choose not to join the union don’t have to pay union dues, which pay for political expenses like lobbying, but they can, if state law allows it, be required to pay a lesser amount known as “fair share” fees — fees that cover just the union’s costs of negotiating contracts and representing members. Now, plaintiffs in the Janus case want the Court to overturn the Abood decision based on the argument that everything a union does — even grievance handling — is political when the employer is a government. MAN IN BLACK: It’s no accident the Supreme Court is considering Janus v AFSCME. Unlike other courts, it chooses which cases it wants to hear. In a way, Janus originated in 2012, when Supreme Court Justice Samuel Alito wrote the majority opinion in Knox v. SEIU, a case about refunds for workers who don’t want to pay for union political spending. Alito questioned the constitutionality of the Supreme Court’s 1977 Abood decision, which says it’s okay to require public employees to pay their fair share for union representation. His words tipped off anti-union lawyers that they could challenge Abood. In Harris vs. Quinn in 2014, they challenged fair share payments for home care workers in Illinois, but a 5-4 majority decided only that the workers weren’t true state employees. The next attempt was Friedrichs v California Teachers Association, which sped through
the court system but deadlocked 4-4 after Antonin Scalia died in 2016. With Trump appointee Neil Gorsuch confirmed in 2017, a 5-4 conservative majority was restored. Alito may get his wish. If a majority of the Court agrees, it would result in an immediate financial hit to public sector unions in 23 states, including Oregon, Washington, and California. In effect, the Court would be imposing the socalled “right to work” policy on state and local governments nationwide. The Janus case began with Bruce Rauner, a private equity fund manager with a net worth estimated at close to a billion dollars. Rauner, a Republican, won the November 2014 election for governor of Illinois. One of his first acts in office was an executive order halting the collection of the fair share fees. In hopes of making that order legal, Rauner also filed suit in federal court arguing that the fair share requirement was unconstitutional. The judge ruled that Rauner had no standing to sue since he personally was not a unionrepresented worker — but the judge allowed the case to move forward by agreeing to remove Rauner as plaintiff and replacing him with an Illinois child support enforcement specialist named Mark Janus.
As an employee of the Illinois Department of Healthcare and Family Services, Janus is represented by AFSCME Council 31. Janus, who makes $71,000 a year under the union contract, objects to paying $45 a month to the union — because it takes political positions he doesn’t support, including advocating more spending on state programs, and higher taxes to pay for it. But this isn’t the story of one man’s courageous fight against “compulsory
unionism.” Janus is merely a vehicle for a network of anti-union legal nonprofits that have been working to give a 5-4 conservative Court majority a chance to deal a body blow to their hated political adversary: the labor movement. Since the Supreme Court agreed last July to hear the Janus case, hundreds of organizations and prominent individuals have filed or
(continued on page 17)
16 • Feb. 21, 2018
Calendar 2.21, 5:30 p.m.
University of Richmond will host Carmen Agra Deedy, an awardwinning children’s author, to speak about common challenges of achieving childhood literacy. This event will be held Wednesday, Feb. 21 at 5:30 p.m. in Tyler Haynes Commons, Alice Haynes Room. “Words Hard Won,” will explore the variety of challenges that can limit a child’s ability to become literate as well as celebrate the ways that these challenges can be overcome. Deedy is the author of 11 children’s books, which have won numerous awards, and is the host of the Emmywinning children’s program, “Love That Book!” Deedy’s narratives, which first appeared on NPR’s program, “All Things Considered,” are drawn from her childhood experiences as a Cuban refugee living in an Atlanta suburb. Deedy has given lectures at TED and TEDx conferences, The Library of Congress and The National Book Festival. This event is part of the Graduate Education Speaker Series, which aims to address topics of interest to current and prospective teachers, school administrators, community leaders and others engaged in the field of education. More information and future events can be found on the SPCS website. This event is hosted by Boatwright Memorial Library, the Office of International Education, the School of Arts and Sciences and SPCS Graduation Education Program. A reception and book signing will follow the lecture. The event is free and open to the public.
Submit your calendar events by email to: editor@ legacynewspaper.com. Include who, what, where, when & contact information that can be printed. Submission deadline is Friday.
The LEGACY
COMMUNITY ACTIVITIES & EVENTS
2.23, 8 a.m.
Ready.Set.Hire. brings together businesses, students, parents, teachers and key workforce stakeholders to highlight the region’s career & technical centers. Students participate in mock interviews with local business people and learn how to prepare for a successful career in their prospective fields. The event takes place at the Chesterfield Technical Center at 13900 Hull Street Rd., Midlothian. This is a FREE event but registration is required for interviewers so you can be placed in the correct subject area. Parking is free and located behind the building. Interviewers are wanted for the following areas: Advanced Computer-Aided Design Cisco Oracle Computer Systems Technology Digital Arts & 3D Animation Commercial Photography Business Management & Logistics Operations Mechatronics Occupational Therapy Physical Therapy Medical Biotechnology Medical Systems Administration Experience in the subject area is preferred but not required.
2.24, 10 a.m.
The Chesterfield County Public Library will host Beyond Black History month, a program that will provide a historical perspective on race and how it impacts education locally and nationally. The program is at Meadowdale Library, 4301 Meadowdale Blvd, North Chesterfield. Joshua Cole, Ph.D., an awardwinning educator and expert on developing learning strategies to create equity in education will facilitate the program. Participants will engage in a discussion about current events and learn how to create meaningful dialogue. Beyond Black History Month is part of a series of events commemorating Black History Month. Registration is required. For more information and to register visit library.chesterfield.gov or call 804-751-CCPL.
Feb. 21, 2018 • 17
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(from page 15) signed onto 75 “amicus briefs” in the case. The briefs give a preview of the arguments the Court is likely to hear. As the Internet has repeatedly shown, individuals who get something for free cannot be counted on to voluntarily pay for it.”— American Civil Liberties Union The National Right to Work Legal Defense Foundation will argue that the case is about free speech. But if Janus were about free speech, you’d expect the nation’s foremost defender of free speech to support it. Not so: The American Civil Liberties Union (ACLU) argued in an amicus brief that employee free speech is already protected under Abood because nonmembers don’t have to pay any union expenses for political speech. To rule that they can’t be obliged to pay for representation either would trample on another First Amendment right — freedom of association — because it would force union members to pay for nonmember services, the ACLU said: “Even employees who favor the union’s positions or any benefits it conveys will have every incentive to shift the costs of their representation to members, as they will be able reap the same benefits without spending a dime. As the Internet has repeatedly shown, individuals who get something for free cannot be counted on to voluntarily pay for it.” In other words, Janus isn’t about free speech; it’s about free riders. Land of the free riders? Imagine. You pull up to the gas pump, and get a choice: pay the sticker price, or skip out on paying the gas taxes and receive a 49 cent per gallon discount. And if you choose not to pay the gas taxes, you can still drive on the roads paid for by the taxes that other drivers paid. Economists call this the “free rider” problem, and it’s at the core of the Janus case, because under the American system of labor law, democratically elected unions serve as workers’ “exclusive representatives,” and they have a legally binding duty to represent all workers in a bargaining unit, whether or not those workers choose to join the union. Anti-union lawyers in the Janus case have argued that one way around the free rider problem would be to eliminate exclusive representation, and let dissenters
fend for themselves. But exclusive representation has been a distinctive feature of American labor law since the 1926 Railway Labor Act, and it’s hard to see how it would be practical for state and local government employers to bargain separately with rival unions in a single workplace, or negotiate terms and conditions with tens of thousands of individual employees. Some other key arguments against overturning Abood: Stare decisis Stare decisis is Latin for “stand by things decided.” It’s a hugely important legal principle — the doctrine of precedent. If the court reverses its Abood decision, it invalidates 41 years of lower court decisions that relied on the Abood precedent, and it overturns laws in 23 states, affecting thousands of union contracts that cover millions of public employees. Federalism Federal law is silent on whether state and local public employees have any collectivebargaining rights at all; it leaves states to make that decision themselves. That’s consistent with the Tenth Amendment to the U.S. Constitution, which says that the powers not delegated to the federal government by the Constitution are reserved to the states. Today, 41 states give public employees at least some collective bargaining rights, and 23 plus Washington DC have a fair share requirement. Consistency with other free speech rulings The Supreme Court has long balanced the individual free speech rights of public employees against the prerogatives of public employers to run the workplace, and has given states wide latitude when they impose restrictions as an employer. The Court has held that government
employers can search employees’ desks without a warrant, question them about their backgrounds, require them to cut their hair, even bar them from participating in political campaigns after hours. Money isn’t speech “This is not compelled speech. It’s a compelled payment of money.” That’s what a pair of prominent conservative legal scholars argued in one amicus brief. Seems obvious enough. Follow the money DEJA VU? Union protesters from National Nurses United gathered outside the U.S. Supreme Court Jan. 11, 2016, the day oral arguments were heard in Friedrichs v. California Teachers Association, a case almost identical to Janus. Unions got a reprieve when the court deadlocked 4-4 after the death of Antonin Scalia. Now union foes get a second bite at the apple with the same issue going back to the Supreme Court. (Photo by Rick Reinhard, courtesy of the National Nurses Union) Janus needs to be understood in a much larger context. When public employee unions began to win the legal right to engage in collective bargaining, union members were 40 percent of the private sector workforce, and private sector workers had greater pay and benefits than public sector workers. That was 50 years ago. Since then, public sector unions grew until they represented about 40 percent of the public sector workforce, and public sector workers caught up in wages and benefits. But during that same period, deregulation, offshoring, outsourcing and aggressive unionbusting by employers reduced unions to 6 percent of the private sector
workforce. Today, the public sector is in some ways the last stronghold of real union power: Maybe not enough power to call the shots, but enough to hang on a bit longer to the wages, benefits and job security that used to be the the standard — set by private sector unions — for every American worker. With the labor movement in overall decline, unions have turned increasingly to the public to try to win gains for workers through politics. That’s why the list (below) of who’s filing all the anti-union amicus briefs is so telling: It’s a “who’s who” of think tanks and anti-union nonprofits funded by a network of politically-active right-wing billionaires led by the Koch brothers. The same groups contributed to the corporate-tax-cutting Republican takeover of Wisconsin, Michigan, and other states. They’ve engineered this moment — not because they care about the rights of union dissenters — but because they’re determined to remove unions as obstacle to imposing a radical corporate ideology. After hearing oral arguments from lawyers representing both sides on Feb. 26, the Supreme Court is expected to make a decision in the Janus case before its June recess. Taking sides As the labor movement gets ready for its “day in court,” it’s backed by 39 amicus briefs from church groups and a broad cross-section of civil society groups, all asking the Court to reject Janus. Meanwhile, all but two of the 36 anti-union amicus briefs come from the same mostlyobscure network of anti-union think tanks and legal foundations funded by the Koch brothers and their ilk.
409 E. Main St. #4 (mailing) • 105 1/2 E. Clay St. (office) 409 VA E. Main St. #4 (mailing) • 105 1/2 E. Clay St. (office) Richmond, 23219 Richmond, 804-644-1550 (office) - 1-800-782-8062 (fax) VA 23219 804-644-1550 (office) • 1-800-762-806 (fax) ads@legacynewspaper.com ads@legacynewspaper.com
Classifieds NOTICE IS HEREBY GIVEN THAT THE CITY OF RICHMOND BOARD OF ZONING APPEALS Will hold a Public Hearing in the 5th Floor Conference Room, City Hall, 900 East Broad Street, Richmond, VA on March 7, 2018, to consider the following under Chapter 30 of the Zoning Code: BEGINNING AT 1:00 P.M. 05-18: An application of Raul Cantu for a building permit to install a walk-in cooler and freezer to the rear of an existing restaurant at 3449 WEST CARY STREET. 06-18: An application of Curtis and Robyn Bailey for a building permit to legitimize a previously enclosed two-story covered open porch to a single-family detached dwelling at 1924 HANOVER AVENUE. 07-18: An application of Amin Satish and Mitesh S for a building permit to construct a new building (1,507 sq. ft.) for restaurant use at 812 WEST MARSHALL STREET. 08-18: An application of Kurt Engleman for a building permit to construct a new single-family detached dwelling and masonry wall at 2308 IDLEWOOD AVENUE. 09-18: An application of McLaughlin Homes, LLC for a building permit to construct a one-story detached garage (23’ x 27’) accessory to a single-family detached dwelling at 4200 KENSINGTON AVENUE. 10-18: An application of Matthews Realty Group LLC for a building permit to split an unimproved vacant lot and to construct a new singlefamily detached dwelling on an independent lot at 5214 WAVERLY AVENUE. 11-18: An application of Chan Investments, LLC for a building permit to replace underground fuel tanks, fuel dispensers and vent piping at an existing motor fuel dispensing use at 2808 WEST BROAD STREET. Copies of all cases are available for inspection between 8 AM and 5 PM in Room 110, City Hall, 900 East Broad Street, Richmond, VA 23219. Support or opposition may be offered at or before the hearing. Roy W. Benbow, Secretary Phone: (804) 240-2124 Fax: (804) 646-5789 E-mail: Roy.Benbow@richmondgov.com
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LEGAL, EMPLOYMENT, ANNOUNCEMENTS, FOR SALE, SERVICES Ad Size: 4.6 inches (2 column(s) X 2.30 inches)
Ad Size:FOR 13.4PROPOSALS inches (2 columns X 6.70 inches) REQUEST RFP #SCC-17-042-OCC 2Food Issues,Service Feb. 21 Operation & 28 - ($147.40 per run) $294.80 total
1 Issue (Feb. 21) - $50.60 Rate: $11 per column inch
Rate: $11 per column inch The State Corporation Commission (SCC) is seeking sealed Includes Internet placement proposals to provide food service operation. A mandatory preThank you for your interest in applying for Includes Internet placement proposal conference will be held on March 1, 2018 at 2:30 PM Eastern Please review the proof,with makeThe any needed and return by opportunities City ofchanges Richmond. at the SCC Headquarters. Proposals are due on March 22, 2018 at If or your response is not received by deadline, your ad may not Please review the proof, make any needed changes and return by fax e-mail. 2:00 PM Eastern. An electronic copy of RFP# SCC-17-042-OCC can be To see what opportunities are available, please your response is not received by deadline, your ad may not be inserted. obtained at:If http://eva.virginia.gov. X_______________________________________ refer toOkour website at www.richmondgov.com.
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The State CorporationOk Commission welcomes and encourages proposals from X_________________________________________ small, women and minority-owned businesses, including proposals from small, Ok with changes X ___________________________ women and minority-owned prime contractors as well as prime contractors Did you know... who propose to use small, women and minority-owned subcontractors.
Ok with changes X _____________________________ REMINDER: Deadline is Fridays @ 5 p.m.
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Resource Information Help for the Disadvantaged and Disenfranchised (RIHD) P.O. Box 55 Highland Springs, Virginia 23075 (804) 426-4426 NEW Email: rihd23075@gmail.com Website: http://www.rihd.org/ Twitter: @rihd
EQUAL HOUSING OPPORTUNITY NOTICE
DENTAL INSURANCE
We are pledged to the letter and spirit of Virginia's policy for achieving equal housing opportunity throughout the commonwealth.
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We encourage and support advertising and marketing programs in which there are no barriers to obtaining housing because of race, color, religion, national origin, sex, elderliness, familial status or handicap.
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For more information or to file a housing complaint, call the Virginia Housing Office (804) 367-8530 or (888) 5513247. For the hearing-impaired, call (804) 367-9753 or e-mail fairhousing@ dpor.virginia.gov.
REMINDER: Deadline is Fridays @ 5 p.m.
One of the strong benefits of newspaper advertising is that newspapers offer a variety of ways to target a particular audience. Whether it’s zoning inserts by zip code or using a niche publication to target a certain ethnic group or behaviorally targeting a certain group on a newspaper website, newspaper products offer a wide range of products to target any audience an advertiser is looking to reach. Talk to us for more information. PRINT & DIGITAL AD SALES EXECUTIVE
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The LEGACY is looking for a reliable, highly-motivated, goal-driven sales professional to join our team selling print and digital advertising in the Richmond and Hampton Roads areas. Duties include: Building and maintaining relationships with new/existing clients Meeting and exceeding monthly sales goals Cold calling new prospects over the phone to promote print and online advertising space
Qualifications: Proven experience with print (newspaper) and/or digital (website) advertising sales; Phone and one-on-one sales experience; Effective verbal and written communication skills, professional image and; Familiarity with Richmond and/or Hampton Roads areas. Compensation depends on experience and includes a base pay as well as commission. TheLEGACYisanAfrican-American-orientedweekly newspaper, circulation 25,000, with a website featuring local and national news and advertising. E-mail resume and letter of interest to ads@ legacynewspaper.com detailing your past sales experience. No phone calls please.
Feb. 21, 2018 • 19
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PROC 01-156-002-03600/0216 HAMPTON SOLICITATION The Director of Finance or his designated representative will accept written responses in the Procurement Office, 1 Franklin Street, Suite 345, Hampton, VA 23669 on behalf of the Entity listed below until the date and local time specified. HAMPTON CITY Tuesday, March 13, 2018 1:30 p.m. ET - RFP 18-43/CLP Provide on-call traffic engineering and related services for various City projects on an “as needed” basis for either City, State, and/or Federally funded projects. These services have a MBE goal of 2.86% and WBE goal of 4.76%. For additional information, see our web page at http://www.hampton.gov/bids-contracts. A withdrawal of bid due to error shall be in accordance with Section 2.24330 of the Code of Virginia. All forms relating to these solicitations may be obtained from the above listed address or for further information call (757) 727-2200. The City of Hampton reserves the right to reject any and all responses, to make awards in whole or in part, and to waive any informality in submittals.
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