Government
Governor Northam Extends Virginia State of Emergency as ACLU Requests Temporary Restraining Order Against RPD, VSP, and Richmond
Protests continue nearly nightly as people continue to speak out against police brutality and systematic racism.
Governor Northam has quietly decided that the city of Richmond is still in a State of Emergency due to protests. This despite nights of peaceful protest.
More from the amendment to Executive Order 64.
Therefore, by virtue of the authority vested in me by Article V of the Constitution of Virginia, by §§ 44-146.17 and 44-75.1 of the Code, and as Governor and Director of Emergency Management and Commander-in-Chief of the Commonwealth’s armed forces, I proclaim that a state of emergency continues to exist in the City of Richmond. Accordingly, I direct state and local governments to render appropriate assistance to prepare for and respond to this situation, to alleviate any conditions resulting from the situation, and to implement recovery and mitigation operations and activities so as to return impacted areas to pre-event conditions as much as possible. Emergency services shall be conducted in accordance with § 44-146.13 et seq. of the Code. In order to marshal all public resources and appropriate preparedness, response, and recovery measures, I continue to order the following actions:
A. Implementation by state agencies of the Commonwealth of Virginia Emergency Operations Plan, as amended, along with other appropriate state plans.
B. Activation of the Virginia Emergency Operations Center and the Virginia Emergency Support Team, as directed by the State Coordinator of Emergency Management, to coordinate the provision of assistance to state, local, and tribal governments and to facilitate emergency services assignments to other agencies.
C. Authorization for the heads of executive branch agencies, on behalf of their regulatory boards as appropriate, and with the concurrence of their Cabinet Secretary, to waive any state requirement or regulation, and enter into contracts without regard to normal procedures or formalities, and without regard to application or permit fees or royalties. All waivers issued by agencies shall be posted on their websites.
D. Activation of the Virginia National Guard to State Active Duty.
E. Authorization of a maximum of $350,000 in state sum sufficient funds for state and local government mission assignments and state response and recovery operations authorized and coordinated through the Virginia Department of Emergency Management allowable by The Stafford Act, 42 U.S.C. § 5121 et seq. Included in this authorization is $250,000 for the Department of Military Affairs.
The ACLU of Virginia was in court Monday, asking the judge to grant a Temporary Restraining Order to “stop the police from violating protesters’ rights.” No ruling has been made as of the writing of this post.
From the ACLU Statement yesterday.
The complaint alleges violation of right to assemble, violation of right to freedom of speech, and violation of state code in declaring an unlawful assembly. Plaintiffs are seeking a declaration from the court that police have been operating unlawfully and an order prohibiting them from engaging in activities that violate protesters’ constitutional rights. Along with the complaint, plaintiffs filed a request for an immediate order to stop these violations.
On the night of June 22, a group of local university students hosted a “teach-in” in front of City Hall, attended by about 150 people with the intent to gather overnight, learn more about police brutality and racial inequality, hear from community advocates and participate in workshops. Without cause, police declared the event an unlawful assembly after midnight and attacked the group using tear gas, pepper spray, flash grenades and rubber bullets. Many people were injured during the unprovoked use of force.
“Since the tragic murder of George Floyd and the protests against police violence that have followed, state and local police operating in Richmond have shown a pattern of violence toward protesters who speak out against systemic and anti-Black racism,” said Eden Heilman, legal director for the ACLU of Virginia. “When these young people tried to educate their community about racism in Richmond and how to dismantle it, police stormed in and turned their positive space into a war zone. City leaders have a responsibility to protect our constitutional rights, instead they have encouraged the escalation of violence by police against protesters.”
Update from Courthouse News Service. The court has denied the injunction.
“Plaintiffs have not established that harm is certain or of such imminence that there is a clear and present need for such equitable relief,” Richmond City Circuit Judge Beverly W. Snukals wrote in an order released Tuesday morning.
“Placing these restrictions on defendants in the form of a preliminary injunction unnecessarily burdens the police and puts them and the public at risk,” she added. “On the other hand, plaintiffs have the option in the future to protest without unlawful force, without blocking roadways and without disrupting or jeopardizing public peace and order.”
