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House bill would reverse law limiting minor traffic stops

A Senate committee could debate a bill that would reverse a policing law intended to reduce racial profiling.

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By Josephine Walker

A Senate committee could debate a bill that would reverse a policing law intended to reduce racial profiling.

The General Assembly in 2020 passed a law along party lines to end pretextual policing, or the practice of stopping someone for a minor traffic violation. Such traffic stops are made for broken tail lights, tinted windows, or objects hanging from the rearview mirror. The law also bans police from searching a vehicle based on the smell of marijuana.

These stops often lead to officers conducting investigations unrelated to the reason for the stop, according to the criminal justice reform group Justice Forward Virginia.

Del. Ronnie Campbell, R-Rockbridge, introduced House Bill 79. He said in a House committee meeting that the bill would make Virginians safer. For example, the bill would prevent people from driving with broken tail lights, which can cause accidents. He also said the legislation could lead police to catch fugitives, including serial killers. He listed a few high-profile killers who were apprehended over the years — outside of Virginia — during stops for minor traffic offenses.

“You never really know who you’re stopping or what you’re gonna get,” Campbell said.

Breanne Armbrust is the executive director of the Neighborhood Resource Center of Greater Fulton, a nonprofit that seeks to provide educational, cultural and nutrition benefits in Richmond’s East End.

Armbrust said data doesn’t show serial killers are pulled over. However, pretextual policing has disproportionately impacted Richmond’s Fulton neighborhood residents, she said.

“These types of stops lead to more engagement with law enforcement, which makes it challenging for everybody that’s involved,” Armbrust said.

Black people accounted for 31% of the drivers pulled over for minor traffic offenses from July 2020 to December 2021, according to data collected through the Community Policing Act. Black people over the age of 18 account for 18% of Virginia’s population over the age of 18, based on census data, though not all of the population drive.

Brad Haywood, executive director of criminal justice reform group Justice Forward, questioned how the assumption is that Black people are worse drivers than white people.

“Like is that really the argument? It’s just absurd,” Haywood said.

Sipiwe West, a North Carolina resident, was pulled over in the late ’90s. She was driving with family through Virginia on Interstate 85 to attend a funeral.

The reason for the traffic stop was an air freshener hanging in her rearview mirror, she said. The family was asked to exit the vehicle and was questioned about their intention and destination, according to West.

“If you ride more than one Black person in a car, you’re probably going to get pulled over, especially if you are young,” West said, who was in her early 20s at the time. She said it was terrible to be profiled for being Black.

“It’s not like everyone else you know … you get pulled over and it’s like ‘OK, I was freaking speeding, let me get a ticket or something like that,’” West said. “This is: ‘Oh, my God. I’m gonna get pulled over. What the hell is possibly going to jump off from this situation?’”

West said the interstate she was traveling on was frequently used to transfer drugs. She was alarmed but not surprised that officers made her family go through that situation — and on top of an already tough period of their lives.

Chelsea Higgs Wise, executive director for the social equity group Marijuana Justice, said pretextual policing around the presumed presence of drugs is racist.

 “The police are legally allowed to target us based on the color of our skin,” Higgs Wise said. “We have to continue to circle back to the data and to what we know about history, and why these laws were set in the first place.”

Farnad Darnell is a technician at an HIV clinic who used to work in Northern Virginia and live in Maryland. Darnell said he’s been pulled over multiple times for traffic offenses.

“Since then, I don’t go into Virginia, except to see my sister who’s down in the Newport News area,” Darnell said. “I’d maybe go down there a couple of times a year at most, for those very reasons now, because I didn’t want to get pulled over.”

Darnell said he doesn’t feel less safe on the road due to his past experiences with the police but rather more aware of his driving. He goes out of his way to plan trips that allow him to avoid areas with excessive policing.

Minor traffic stops should be brought back as primary offenses because law enforcement have said their “hands are tied,” Campbell said.

The bill was assigned to the Senate Judiciary Committee. Sen. Louise Lucas, D-Portsmouth, president pro tempore of the Senate, stated on Twitter that “we will be taking a close look at what came from the House and making sure it doesn’t roll back our recent progress.”

Lucas, along with Del. Patrick Hope, D-Arlington, sponsored identical bills in 2020 which ended minor traffic offenses. Democratic lawmakers were met with Republican opposition at the time but had the majority votes to get the bills through each chamber.

The bills passed as part of a legislative agenda focused on criminal justice and police reform after the murder of George Floyd in Minneapolis. Republicans campaigned heavily last year on the message that they would support law enforcement and that Democrats had been soft on crime.

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The Capital News Service is a flagship program of VCU’s Richard T. Robertson School of Media and Culture. In the program, journalism students cover news in Richmond and across Virginia and distribute their stories, photos, and other content to more than 100 newspapers, television and radio stations, and news websites.

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Local Asian American Society of Central Virginia to host author and artist of new book

Author Joe Kutchera and artist Alfonso Pérez Acosta teamed up on the new coffee table art book, which features the portraits and stories of 22 immigrants who have come to Richmond from around the world to become our neighbors.

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The Asian American Society of Central Virginia (AASoCV) will host a local author and artist this weekend to present their new book, Portraits of Immigrant Voices, at its 24th annual Asian America Celebration tomorrow.

Author Joe Kutchera and artist Alfonso Pérez Acosta teamed up on the new coffee table art book, which features the portraits and stories of 22 immigrants who have come to Richmond from around the world to become our neighbors.

Alfonso Pérez Acosta painted the original portraits while Joe Kutchera wrote the personal histories. The author’s proceeds will benefit Afghan and Asian refugees who have settled in Virginia in a fund set up and managed by The Asian American Society of Central Virginia, a non-profit charitable 501(c)(3) organization.

The event is free and open to the general public. The pair will present the book on stage at 2pm and immediately following, AASoCV will host a book signing at 2:30pm. The book will be on sale for $40 at the event.

The 24th Annual Asian American Celebration features cultural performances, food, hands-on activities, exhibition booths, and merchandise from the Asian American communities in Central Virginia. This year’s theme is “weddings and our heritage.” The Celebration will take place at the Greater Richmond Convention Center at 403 North Third Street, Richmond VA 23219 from 11am to 7pm.

Learn more here.

The introduction to the book follows below:

Stories of Gratitude, Progress, and Manifesting Dreams

By Joe Kutchera

During the fall of 2020, following the George Floyd protests along Richmond’s Monument Avenue, I saw an African American woman wearing a t-shirt with this message in bold letters.

I am my ancestors’ wildest dreams.

As a (white) writer, I was stunned at how one sentence could leave me speechless and make me feel such a wide range of emotions. At first, I felt infinitesimally small, humbled by the brutal African American history behind that sentence, reflecting the violence and intimidation that Black Americans experienced during slavery and Jim Crow, which kept them from America’s prosperity. And seconds later, the sentence made me feel incredibly hopeful as it communicated that great progress and change is indeed possible, measured through a multi-generational lens, taking into account the sacrifice and suffering of previous generations. The formerly wild dream of freedom and opportunity is now, we hope, finally possible for African Americans today, though we still have a long way to go to ensure equitable outcomes for all Americans.

Many Americans may know Richmond, Virginia (RVA) for its history as the capital of the Confederacy with its Civil War Museum and the now-removed statues of Robert E. Lee and Confederate generals along Monument Avenue. The ugly history of slavery and the myth of the ‘Lost Cause’ permeate so much of the city, but a more complex and hopeful picture of its citizens is emerging.

In decades past, a majority of RVA’s population has been Black, with Whites representing most of the remainder of its population. Yet, a more multicultural, and even international population, is growing out of RVA’s Black and White history. The 2020 Census shows that RVA’s African American population fell below 50%, while its White population increased as a result of gentrification. Blacks appear to have left Richmond City for the suburbs (Henrico and Chesterfield Counties), where the Black population increased. Yet, the Asian and Hispanic/Latino population grew by double digits in Richmond City, Henrico and Chesterfield Counties, and the people who selected “some other race” and “two or more races” grew by triple digits. This reflects an increase in children of interracial couples, immigrants from Africa (distinct from African Americans), as well as ‘mestizos,’ or people of mixed races, from Latin America. However small those populations might be now, the growth rates indicate that RVA, like the rest of the country, is becoming much more diverse.

With this in mind, I am grateful to be working with the Asian American Society of Central Virginia in sponsoring the publication of this book. AASoCV represents 18 diverse Asian communities that have stood up against racism and xenophobia, as described by AASoCV’s chair, Julie Laghi, in the foreword. AASoCV provides a perfect example of how people from vastly different language groups can come together to build community and cultural bridges, thereby promoting tolerance and diversity.

AASoCV has enabled me and the team involved behind this book to take this project to the next level, furthering our mission to share immigrant stories and reflect on how they embody the American dream. Tida Tep, the daughter of Pim Bhut, featured on page 70, joins us to visually bring these stories into the printed medium.

Our project initially began in an organic way. In August 2020, around the time that I saw the “I am my ancestors’ wildest dream” t-shirt, I received a call from Karla Almendarez-Ramos, who manages the City of Richmond’s Office of Immigrant and Refugee Engagement (OIRE). She asked me if I would be interested in and available to write profiles of immigrants as a celebration for National Immigrants’ Day on October 28, 2020. Richmond-based Colombian artist, teacher and muralist, Alfonso Pérez Acosta, had pitched the idea to Karla after crafting his initial computer-drawn portraits.

I immediately told her yes, that I would love to work on the project. I have written about and reflected on the subject of immigrants’ journeys previously, both interviewing recent immigrants and researching my own ancestors immigrating from Eastern Europe to the United States. My wife, Lulu, migrated from Mexico, to join me in Richmond in 2013. And previously, I had migrated to Mexico and the Czech Republic for work, during different chapters of my life. As a result, I also understand the immense challenges that immigrants face when moving to a new country.

National Immigrants’ Day has been celebrated since 1986, but mostly in places like New York City. We wanted to bring this celebration to Richmond, Virginia to highlight the diversity of its community and the variety of languages spoken (in addition to English). With the support of a grant from Virginia Humanities, we unveiled the portraits on October 28th, National Immigrants Day, on RVAStrong.org/portraits and published updates regularly through Thanksgiving, to honor our subject’s themes of gratitude. The exhibit’s social media campaign ran through December 18th, which the United Nations has named International Migrants Day as a testament to humanity’s “will to overcome adversity and live a better life.”

Many of the people we featured came as migrants initially, moving to the U.S. temporarily for work or educational opportunities. While others came as refugees, fleeing war and violence. And still others came here simply because they fell in love with an American! Yet, they all became immigrants when they decided to settle down permanently in the United States.

Each portrait features the subject’s name, country of origin, and language, written in both English and their respective language. To create the color behind each portrait, Alfonso blended all the colors from each subject’s flag of their home country to formulate that single, albeit blended color. For example, the red and white in the Swiss flag become pink behind Dominik Meier’s portrait (on page 62). I wrote personal histories to accompany each portrait to shed light on the challenges of migration and displacement, as well as explore the commonalities of learning to speak English and integrating into American culture. Their stories showcase the incredible creativity and ingenuity of these immigrants in overcoming numerous obstacles in their journey, some of whom have gone on to start companies and obtain graduate degrees.

In speaking with everyone we featured in this book, they have taught me how Richmond is a far more diverse and dynamic city than I ever realized. They truly appreciate America’s freedom, democracy, and the way that their neighbors have accepted them. As a result, I see Richmond and the United States through their eyes. In listening to their stories, I get the sense that they, too, have accomplished their dreams, and in some cases, even their ancestors’ wildest dreams.

“Virginia is for lovers. … But we need to keep that slogan alive,” says Mahmud Chowdhury, originally from Bangladesh (#19 in the series), referring to the state motto of Virginia. “Let’s continue to love each other, be our brother’s keeper and have each other’s back,” says Hannah Adesina, from Nigeria (#17 in the series). Immigrants are here “to demonstrate the best of ourselves, manifest our hopes and dreams,” says Brenda Aroche, from Guatemala (#13 in the series). And Ping Chu from China (#12 in the series) encourages us all in saying, “We need to build up a united country. This is the United States, right?”

The United States has an individualistic culture with an “I” oriented English language. Even though that is the case, the immigrants featured in this book have taught me that when we work together and support one another, WE can become our ancestors’ wildest dreams.

When Chinese New Year celebrations took place on February 1, 2022, the same day that Black History Month began, I learned that 2022 was the year of the tiger. I realized that 2022 couldn’t be a more perfect year for us to launch this book with a symbol of bravery, courage, and strength on our side.

Joe Kutchera is the author of four books and the founder of Latino Link Advisors where he develops digital marketing and content strategies, with an emphasis in reaching the U.S. Hispanic market.

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Suspension Bridge to Belle Isle Closed Today

The bridge should be completed by the weekend.

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The suspension pedestrian bridge to Belle Isle is temporarily closed due to concrete falling from Lee Bridge.

The closure took place Wednesday after city officials received reports of concrete pieces being found on the pedestrian bridge.

“It was concluded that the concrete pieces fell from an open joint of the Lee Bridge. Consequently, the pedestrian bridge located directly under the open joint had to be closed in an effort to protect the public,” a release said.

While the engineers say there is no serious danger they’re putting in a scaffolding protection system along some stretches of the bridge. The installation is taking place today (Thursday) and is expected to be done Friday.

Dominion RiverRock is this weekend and temperatures are in expected in the upper 90’s so usage of the bridge and Belle Isle will be at a season-high.

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Virginia lawmakers dodge questions on whether budget might include new policy on skill games

“Let’s keep ’em guessing,” House Appropriations Chairman Barry Knight, R-Virginia Beach, said Tuesday when asked for a response to the claim the budget could include a revised policy on skill games, either to tighten the existing ban or to lift it.

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By Graham Moomaw

Budget leaders in the Virginia General Assembly won’t say if they’re considering changing the state’s contested ban on slots-like skill machines through the budget, despite that possibility already convincing a judge to order a lengthy delay in a lawsuit seeking to overturn the ban.

Last month, lawyers challenging the ban as unconstitutional pointed to the legislature’s ongoing special session and unfinished budget to argue the case should be delayed until all sides know what the state’s official policy on skill games will be. But the General Assembly’s budget negotiators won’t even say whether skill-games are part of their discussions.

“Let’s keep ’em guessing,” House Appropriations Chairman Barry Knight, R-Virginia Beach, said Tuesday when asked for a response to the claim the budget could include a revised policy on skill games, either to tighten the existing ban or to lift it.

Knight insisted the budget will get done and said “fine-tuning” is underway.

“In negotiations, I don’t comment on anything,” Knight said. “That’s how I work a negotiation.”

Asked about potential skill games changes Tuesday after a meeting in Richmond, Senate Majority Leader Dick Saslaw, D-Fairfax, one of the 14 legislators working on the state budget, deferred to Senate Finance Chairwoman Janet Howell, D-Fairfax. Howell did not attend Tuesday morning’s Senate Finance Committee meeting, and she did not respond to an emailed request for comment Monday. In an email, a Senate budget staffer said “budget negotiations are ongoing.”

As Virginia recently relaxed laws to allow more types of state-sanctioned gambling, skill games have become a perennial point of contention. Usually found in convenience stores, sports bars and truck stops, they function similarly to chance-based slot machines but involve a small element of skill that allows backers to argue they’re more akin to traditional arcade games. Most machines involve slots-like reels and spins, but players have to slightly adjust the squares up or down in order to create a winning row of symbols.

Proponents insist the games are legal and give small Virginia business owners a piece of an industry dominated by big casino interests. In 2019, the chief prosecutor in Charlottesville concluded that they amount to illegal gambling devices, and critics have accused the industry of exploiting loopholes to set up a lucrative gaming enterprise that rapidly grew with minimal regulatory oversight.

After a one-year period of regulation and taxation to raise money for a COVID-19 pandemic relief fund, the critics won out in the General Assembly, with a ban on the machines taking effect in July 2021. But a Southside business owner who filed a lawsuit with the assistance of Sen. Bill Stanley, R-Franklin County, successfully won a court injunction late last year barring enforcement of that law until his legal challenge is resolved. After Stanley wrote a letter pointing to the special session and unfinished budget talks as a reason to delay a hearing scheduled for May 18, the judge overseeing the case postponed the hearing until Nov. 2. The order also prohibited the state from enforcing the ban against thousands of previously regulated skill machines until November. The order doesn’t apply to machines that weren’t fully legal before the ban took effect, a distinction sowing confusion for local officials trying to sort out what’s allowed and what’s not.

In recent social media posts, the plaintiff challenging the ban, truck stop owner and former NASCAR driver Hermie Sadler, said the delay was requested because “legislators are threatening to now try to ban or legislate skill games through the budget.”

“So we need to know what we are fighting against,” Sadler said in a message posted to Twitter last week in response to a Virginia Mercury article about the delay.

Skill-game supporters have claimed the ban was driven by other gambling interests who want to clear out smaller competitors to make more money for themselves. As the gambling turf wars continue in Richmond, some local governments are frustrated by the lack of clarity on whether the state is or isn’t banning the machines.

“It’s created chaos,” said Franklin City Manager Amanda Jarratt.

Jarratt said her city has been dealing with crime and other disturbances associated with the machines, but has gotten little help because there’s no regulatory agency in charge of them. Virginia ABC had temporary oversight of the machines starting in 2020, but that ended when the ban took effect last year and ABC no longer had legal responsibility over gaming machines in ABC-licensed businesses.

“It continuing to drag on over months is only making the situation worse and leaving localities in a difficult position,” she said, adding her city simply doesn’t have the staffing power to try to figure out which machines are operating legally and which are illegal. “You want to be fair to the business owners, but you also need to look out for the best interest of the locality as a whole.”

Jarratt said she’d like clearer direction on whether the state is going to allow the machines or not.

If a new skill-game provision is put into the state budget, it would still need to win approval from the full General Assembly. But with the clock ticking to pass a budget before the fiscal year ends June 30, it’s unclear how open party leaders would be to changes to whatever deal budget negotiators present as the final product of months of work.

Knight offered little clarity on whether skill games are even a live issue. He also seemed to caution against putting too much stock into what people say they’re hearing about the budget.

“I heard that we were going to do the budget today. I heard we were going to do it on the 24th. I heard we were going to do it on the 27th. I’ve heard June the first. I’ve heard a lot of things,” Knight said. “But as far as I know, the only people that know are maybe a few budget conferees. And we’re not talking. Because we’re working to get things right.”

Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Robert Zullo for questions: [email protected] Follow Virginia Mercury on Facebook and Twitter.

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