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EGACY Yesterday. Today. Tomorrow.

WEDNESDAYS • Feb. 17, 2021

Richmond & Hampton Roads

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PD reform advocates frustrated by bill’s defeat JOSEPHINE WALKER

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

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

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

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

Bourne’s proposal was tabled 6-2 in the House Courts of Justice

Kalia Harris PHOTO: Scott Elmquist/ SW subcommittee.

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

Qualified immunity is a federal doctrine established by the Supreme Court in 1982. A state legislature

can’t repeal qualified immunity, but proponents of ending the practice have asked local and state governments to create legislation allowing citizens more freedom in pursuing lawsuits against police misconduct.

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

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

Princess Blanding is a gubernatorial candidate who has advocated for criminal justice reform since the death of her

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The LEGACY

2 • Feb. 17, 2021

ACA Marketplace reopens for new enrollments The federal Affordable Care Act Marketplace (HealthCare. gov) reopened this week for a new three-month Open Enrollment period under executive order from President Joseph R. Biden.

The new Open Enrollment gives Virginians without health coverage a new opportunity to enroll in a plan through the ACA and protect their health amidst a global pandemic. More than 90,000 Virginians have lost health insurance due to job losses since the

pandemic began last March. Before the onset of the pandemic, already more than 650,000 Virginians were without any form of health coverage. The new Open Enrollment period will run through May 15.

“Starting today, uninsured Virginians have a second chance to find affordable health coverage through the Affordable Care Act,” said Deepak Madala, program manager of Enroll Virginia. “If the last year has taught us anything, it’s that knowing your health is

(from page 1) brother, Marcus-David Peters.

Peters was naked and unarmed when he was shot by a police officer on the side of a highway. Peters charged at the police officer who deployed his Taser and then shot Peters at least twice. Peters was experiencing a mental health crisis, according to his family.

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

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

“To me, that’s the harsh reality.”

Kalia Harris, co-host of the show Race Capitol and co-executive director of the Virginia Student Power Network, or VSPN, said she was “extremely disappointed” when a judge dismissed her organization’s lawsuit against local government and local and state police.

VSPN said city leaders and law enforcement violated the group’s right to free speech, assembly and protest. Last June, VSPN students hosted an overnight teach-in

Wayne Huggins outside Richmond City Hall. After several hours, the Richmond Police Department declared the event an unlawful assembly and discharged teargas and rubber bullets at the protesters.

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

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

covered is more important now than it ever has been.”

Help is available to all Virginians seeking to enroll during the current Open Enrollment. Enroll Virginia’s team of federally-certified navigators, and other navigators and assisters are available in communities across the state to help individuals and families understand their options, answer questions, determine if financial assistance is available and enroll in coverage.

If an individual does not qualify

for Marketplace coverage, they might qualify for Medicaid. Since the beginning of the pandemic more than 160,000 Virginians have enrolled in Medicaid (41,000 of those being children). Medicaid enrollment is year around.

Navigators can help determine if individuals are Medicaid eligible and help individuals apply for coverage.

For help, visit www.enrollva.org/ get-help/ to find local assisters and schedule an appointment with a local navigator.

prosecutors to officers.

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

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

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

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

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

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

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

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

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

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

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This shouldn’t be how we say hello...or goodbye.

It’s our reality right now. But it won’t be if we do what it takes to beat COVID-19.

Vaccines are coming, but until enough of us are vaccinated, we all still need to wear our masks, stay at least six feet from others, and avoid indoor social gatherings. The more we slow the spread, the faster we’ll return to normal hellos … and fewer goodbyes.

Learn more about vaccines and slowing the spread at cdc.gov/coronavirus

Brought to you by the U.S. Department of Health and Human Services

Feb. 17, 2021 • 3

4 • Feb. 17, 2021

Op/Ed & Letters

The LEGACY

Race discrimination in America DR. BENJAMIN F. CHAVIS Today there is a welcomed breath of fresh political air in Washington, D.C. even amidst the unprecedented spread of the global COVID-19 pandemic throughout the United States. According to the BidenHarris administration the issues of racial justice and equity are now top priorities in a “whole of government” commitment to all Americans, and in particular to African Americans and other people of color communities.

Most recently the National Newspaper Publishers Association (NNPA) had a special on-therecord briefing from the White House Office of Public Engagement directed by The Honorable Cedric Richmond who is also senior advisor to President Joe Biden.

As we heard Richmond strongly reaffirm the administration’s urgent push to have the U.S. Congress to enact the $1.9 trillion American Rescue Plan that promises to respond to the nation’s pandemic and economic crisis respecting the principles of equity, I thought reflectively about all the various racial disparities, discriminations, and inequities that daily have a negative impact on Black America.

The LEGACY NEWSPAPER Vol. 7 No. 7 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

Yet, in 2021 we live in the age of data where the aggregation, control, and ownership of data continues to have enormous social and economic consequences for those who are poor and marginalized. One preexisting condition that has not gotten enough public attention and debate is the issue of the intersection of race, data discrimination, and inequity in America.

Data discrimination is a covert form of racism that is having a devastating overt impact on the quality for life of African Americans and others who continue to face systemic inequity.

It is relevant to note that the largest credit reporting agency in 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.

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the U.S. is Equifax. During the COVID-19 pandemic, Equifax actually has become more profitable at the expense of millions of Americans who are struggling to survive to make ends meet. As a consequence, we must begin to raise questions about the apparent linkage of the expanding credit reporting industry to the growing financial inequities especially in African American communities.

As credit reporting booms while most Americans are experiencing financial hardship, Equifax’s “Work Number” workforce division is turning in record profits by raising costs on consumers. The Work Number is a user-paid verification of employment database that was acquired and now owned by Equifax.

This database allows credentialed verifiers to receive instantaneous electronic confirmation of an individual's employment data and income for verification purposes.

Today Equifax’s Work Number is charging $49.95 for the cost of an Income and Employment Report that is nearly three times what the cost of the report was six years ago at ($18).

The U.S. credit reporting industry

generated over $12 billion in revenue last year, according to research from IBISWorld, and the market size is expected to grow another 3.7% next year. The three largest agencies—Equifax ($EFX), Experian ($EXPGY) and TransUnion ($TRU) —accounted for more than 50 percent of the total revenue.

The industry’s growth is driven by a unique business model, which provides a dual revenue stream from consumer data. Businesses pay credit bureaus to collect employee information and manage verification requests, like those generated when an individual seeks to obtain a loan from a bank.

Agencies then charge requesting parties for the personal information, generally on a per-request basis, which is frequently passed onto the consumer.

Equifax, despite its 2017 data breach that impacted 147 million people, continues to be the largest player in the space. The company claims to have records on over 222 million U.S. consumers and receives weekly payroll data on a third of the

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P.T. Hoffsteader, Esq.

Feb. 17, 2021 • 5

Still not worried

In the past I have dismissed worries that the Biden/Harris administration would -- or, rather, could -- successfully implement a more aggressive victim disarmament (English for the euphemism “gun control”) agenda than previous administrations.

On Valentine's Day, Biden cynically exploited the third anniversary of a school shooting in Parkland, Florida, asking Congress to pass laws making it even more difficult for people like the 14 unarmed students and three unarmed educators who were murdered at Marjory Stoneman Douglas High School (while an armed cop on campus hid and failed to defend them) to defend themselves.

I’m still not worried. It’s unlikely that the laws will pass and impossible for them to be enforced if they do.

The proposed laws won’t make people like the Parkland victims any less vulnerable to criminals, but it won’t make them any more vulnerable, either. Government schools are already clearly marked by “Gun Free School Zone” signs as

open playgrounds for mass shooters, and have been for decades.

What kind of legislation is Biden asking for? “Commonsense gun law reforms, including requiring background checks on all gun sales, banning assault weapons and highcapacity magazines, and eliminating immunity for gun manufacturers who knowingly put weapons of war on our streets.” Let’s take those one at a time.

With more than 400 million guns in the hands of more than 100 million Americans, background checks are silly dramatic flourishes.

People who don't want to submit will simply buy and sell one-onone, ignoring the requirement.

People who really want new guns from shops but who would be forbidden to buy one under existing (unconstitutional) law will have friends, spouses, etc. buy for them.

Actual “assault weapons” -- fully automatic weapons -- have been (unconstitutionally) banned for general ownership for decades.

The current use of the term means “ugly, military-looking versions of standard hunting and sporting weapons which have been in public circulation for more than a century.” As for "high-capacity magazines," the National Shooting Sports Foundation estimates about 80 million of them in circulation.

They can be built or converted with generally available machine tools.

The absolute maximum effect of such legislation would be people getting guns in wood-grain finish instead of black. Big whoop.

Thomas L. Knapp

U.S. population.

Equifax’s Work Number has benefited from the spike in unemployment caused by the Coronavirus pandemic. With millions of Americans out of work, demand for verification services has surged as creditors seek to determine employment status of loan holders and potential loan candidates.

We all know that African Americans have the largest increase in un unemployment before and even more since the beginning of the pandemic. African American owned businesses have had the greatest financial losses amidst COVID-19.

The more unemployment in Black America, the more Equifax’s Work Number data is purchased by a wide range of financial status verifiers. But who is monitoring or challenging the accuracy of the Equifax Work Number data especially when it about African Americans?

According to Equifax’s quarterly financial reports, The Work Number generated nearly $377 million in revenue during the third quarter of last year, a 57 percent increase year-over-year and the second consecutive quarter of more than 50 percent growth. Between 2012 and 2020, The Work Numbers’ verification services revenue jumped nearly 400 percent.

Largely driving The Work Number’s growth is its dominance

in the mortgage lending market, which accounted for 31 percent of the division’s revenue mix throughout last year.

The Work Number controls over 380 million current and historic consumer data records, including 100 million added between 2019 and 2020. That scale provides immense leverage over the mortgage lending industry.

“We have real scale in the business, which provides a competitive advantage,” Equifax CEO Mark Begor said on the company’s earnings call last October. “We’re now having a billion companies deliver data to us on a period basis. That makes this data set very, very valuable and tough to replicate. And if you're one company, then you're likely not going to give the data to two companies. You're going to give it to the company that's been in it for long time.”

I ask Mark Begor a simple but serious question: “What verifiable safeguards are in place at Equifax Inc. that prevent racial and data discrimination with respect to African Americans and other people of color?”

Chavis Jr. is president and CEO of the National Newspaper Publishers Association (NNPA) and executive producer/host of The Chavis Chronicles, PBS TV Network

6 • Feb. 17, 2021

The LEGACY

Delegates bill recognize racism as health crisis EILEEN POMEROY CNS - A resolution to recognize racism as a public health crisis was adopted by the House of Delegates in 54-37 vote nearly all along party lines..

Del. Carrier Coyner, R-Chesterfield, was the only Republican who voted in support of the resolution. Seven Republicans and one Democrat, Del. Marcus Simon, did not vote.

The resolution, HJ 537, includes steps to address structural racism such as the Commission to Examine Racial Inequity in Virginia Law becoming a permanent commission and training for elected officials, their staff and state employees to recognize and combat implicit bias.

Del. Lashrecse Aird, D-Petersburg. reintroduced the resolution after initially introducing it during last August’s special session. Del. Lamont Bagby, D-Richmond, cosponsored the resolution.

HJ 537 went to the Assembly floor after a vote by the Committee on Rules on Jan. 22 vote. The measure passed 13-5, with every Republican voting against the resolution.

“Today we have a powerful opportunity to formally acknowledge the systems and structures of inequity that are ravaging through our communities of color and finally began to begin the important process of reconciliation,” Aird said in the Committee’s’ Jan. 22 session.

Janice Underwood, Gov. Ralph Northam’s Chief Diversity, Equity and Inclusion Officer, spoke in support of the resolution at the session.

“The Governor's Office of Diversity, Equity and Inclusion, and the Office of Health Equity at Virginia Department of Health strongly support this resolution and commit to doing the work to interrupt the systems that have historically allowed and perpetuated inequities and disparities across multiple social determinants of health, as evidenced in the resolution,” Underwood said.

Chloe Edwards, advocacy and engagement manager at Voices for Virginia’s Children, also spoke in support of the resolution at session.

The resolution mentions how Virginia as the epicenter of the slave trade and former capital

of the Confederacy still has a “long and embedded history of racism, especially against African Americans,” and that over 100 studies have linked racism to negative health outcomes.

Communities of color also face increased exposure to environmental risks, less access to spaces for outdoor recreation and lack of professional opportunity, according to the resolution.

Decades of school segregation followed by active and passive resistance to school integration resulted in Richmond schools never becoming truly integrated, according to a report by The Commonwealth Institute. Black and Latinx students are likely to attend schools that are composed of nearly all non-white students and have fewer resources and courses than schools with majority-white populations.

Education disparities are intertwined with housing disparities. Racist practices such as redlining, which outlined majority-minority neighborhoods so lenders would deny credit to

minority communities, block access to certain neighborhoods, according to the report. Neighborhoods are important as they typically determine which schools students attend and the amount of resources schools have.

People living in redlined neighborhoods have been found to have lower life expectancies and higher rates of chronic disease that are risk factors for COVID-19 such as severe heart disease, obesity and diabetes, according to the National Community Reinvestment Coalition’s report on Redlining and Neighborhood Health.

Black communities in Richmond have suffered disproportionately from COVID-19, and have been hospitalized at a rate four times higher than white patients.

The American Public Health Association (AHPA) and American Medical Association both recognized racism as a public health threat.

Five states have already declared racism as a public health emergency along with 104 cities across the country, according to the AHPA.

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Actions

Speak

Louder Words have value, especially when they are used to make a promise. But the most important thing about a promise is the action you take afterward. At Dominion Energy, we believe in taking action – to deliver on our commitment to help people, communities, and the environment.

COVID-19 Response and Support In response to the pandemic’s economic impact, Dominion Energy has stepped up to meet the needs of our customers. We suspended all service disconnections for non-payment to provide uninterrupted, reliable service 24/7. We have given more than $1 million to support coronavirus relief efforts by the American Red Cross and other nonprofits, to help our communities in need.

Social Justice and Higher Education At Dominion Energy, we believe higher education is critical to addressing centuries of institutional racism. That is why we have committed $35 million to our initiative supporting historically Black colleges and universities, and to minority student scholarships. In addition, we have allocated another $5 million to promote social justice and community building.

Solar and Wind Energy To build a cleaner energy future, we have added more than 3.5 million solar panels throughout Virginia, helping to make us America’s third largest in solar. In addition, we are developing the largest offshore wind project in the U.S., which will produce enough energy to power 660,000 homes by 2026.

EnergyShare® For years, our EnergyShare® program has helped our neighbors across Virginia, assisting individuals and their families with bill payment and energy saving upgrades. As of today, the program has helped more than 858,000 people. In 2020, we expanded the EnergyShare® program to assist those impacted by the coronavirus with an additional $500,000 to help provide energy bill relief for small businesses, nonprofits, and houses of worship throughout Virginia.

Lower Rates And to help residential customers, we have kept our rates more than 10%* below the national average.

Turning promises into reality is what defines us. That is why we are proud to invest in what we believe in, and what we know is important to you.

*Source: U.S. Energy Information Administration, as of 1/26/2021