Category Archives: Crime and corrections

Breaking the Cycle of Debt and Suspended Licenses

Joe Herbin, driving worry-free and working as a forklift operator at Frito-Lay.

Joe Herbin, driving legally and working as a forklift operator at Frito-Lay.

by James A. Bacon

Joe Herbin has always been a hard worker. When he was 15 years old, he’d accumulated the $1,200 it took to buy an old Cadillac. The fact that he didn’t have a driver’s license — or was too young even to get one — wasn’t a deterrent. He installed a bad-ass sound system and drove around town like the king of the world for about a week, then had an accident in a gas station. The policeman gave him tickets for about four different violations — the first of many to come.

Herbin kept driving, though, and he kept racking up tickets in and around the City of Richmond, often while driving to or from work at Wal-Mart, Target or his cousin’s music CD shop. He prayed every day that he wouldn’t get stopped and slapped with another fine, penalty or gig in jail. He was around 22 years old when he was driving his pregnant girl friend to the hospital, when he got stopped again. This time someone finally told him about the Drive to Work program, a not-for-profit group dedicated to helping people with suspended licenses restore their driving privileges so they can function as productive members of society.

When Drive to Work staff tallied up all the fines, penalties and back interest, they found that Herbin owed a total of $7,500 to courts in five jurisdictions, each with its own set of procedures for collecting the money. By his own admission, Herbin is a “careless person,” lacking the temperament to make payments to so many court clerks on a regular basis. Drive to Work created a plan whereby he made a single monthly payment of $357 to the non-profit, and staff made sure each court clerk received the money on time. Drive to Work also negotiated a deal allowing Herbin to receive a restricted driver’s license allowing him to drive between home and work, home and church, and home and daycare.

Today, Herbin has worked his fines down to under $1,000 and his monthly payments to less than $50. He now drives a forklift for Frito-Lay making $17 an hour, as well as a part-time job for extra cash, and he lives in a committed relationship with the mother of his three children.

Herbin’s story is surprisingly common in Virginia. A recent study conducted of 606 of Drive to Work’s clients found that fines, penalties and interest ranged as high as $33,000, with average debt about $4,800. Clients owned money to an average of 3.6 different courts.

At an awards and recognition banquet Monday, Drive to Work President O. Randolph Rollins described the predicament of another client. Of the $8,000 in obligations he’d amassed, 35% consisted of unpaid fines, 45% of court penalties relating to hearing his case, and 20% interest.

The system creates a vicious cycle for poor and working class people who build up fines they cannot hope to repay, Rollins said. Many continue driving because they can’t get to work any other way, lose their license and lose their jobs. The situation is a Catch 22: Without work, they have no hope of generating earnings to repay the fines. Indeed, the inability to repay fines accounts for 37% of all suspended licenses in Virginia, Rollins said  — affecting nearly 200,000 people across the state.

Recognition of the need to restore drivers licenses became a political issue during the McDonnell administration and with bipartisan support has continued during the McAuliffe administration. The Department of Corrections has implemented a program to help felons prepare while still in prison to get their licenses when they re-enter society. And Del. Manoli Loupassi, R-Richmond, submitted a bill in the 2015 session to study the use of drivers license suspensions as a collection method for unpaid court costs. Although that bill failed because of a technicality, said Rollins, there strong support for passing it next year.

The initiative to restore driving privileges is part of a larger movement to reintegrate felons into society upon their release. The days of giving an offender $20 and bus ticket home are long over. Virginia has one of the best track records in the country for recidivism, said Harold W. Clark, director of the Department of Corrections. Second only to the state of Oklahoma, the recidivism rate is just under 23%. The rate ranges as high as 60% in other states.

While the biggest risk factors for recidivism include antisocial personality, antisocial associations and dysfunctional family, the ability to find employment is one of the “top eight,” Clark said. “Not having a driver’s license is a serious problem. People without driving privileges are effectively excluded from many jobs.”

Many offenders don’t know why their license was suspended or how to get it back, said Clark. A program like Drive to Work helps them navigate the bureaucratic maze, create plans for repaying fines and get offenders a license, even if just a restricted one, that allows them to seek employment.

Mass Incarceration (Part II)

Richmond City Justice Center -- model for the post-mass incarceration era?

Richmond City Justice Center — model for the post-mass incarceration era?

by Sarah Scarbrough

My last blog post established that crime has gone down since mass incarceration began but that mass incarceration was not responsible for that decline. Studies have shown no significant correlation between the increase in the prison population and the decrease in crime. 

Attitudes toward mass incarceration are changing. In an initiative endorsed by the U.S. Department of Justice, the U.S. Sentencing Commission recently voted to retroactively extend lighter sentencing guidelines to almost 46,000 prisoners serving time for federal drug crimes. At the state level, budget shortfalls have forced governors and lawmakers to take a look at their own policies. Some states have eased drug laws, decreased mandatory minimum sentences, or developed alternatives to incarceration. Even in the world’s prison capital, Louisiana, Governor Bobby Jindal passed modest measures to develop early release programs for non-violent drug offenders. The effort will contribute to lowering the number of those involved with “mass incarceration sentencing.”

So, what about Virginia? Virginia has the 14th highest incarceration rate of the 50 states. As a conservative state, Virginia has always been “tough on crime”; judges are tough on non-violent and drug offenders. Virginia has seen no efforts to curb mass incarceration comparable to those in Louisiana. The state still follows the abolition-of-parole law, in which all offenders must serve 85% of their sentence. Efforts are underway to lower the recidivism rate, but nothing is being done about mass incarceration.

That said, the McDonnell administration and now the McAuliffe administration have put forth efforts for offender rehabilitation and re-entry programming at a state level to prepare offenders for release from incarceration in hopes they will not recidivate – or come back to jail time and time again. A holistic statewide effort for alternatives, however, has yet to been seen.

By contrast, the City of Richmond has embraced alternatives to incarceration. The Sheriff’s office, City Council, the Mayor’s office, the Department of Justice Services and the Commonwealth Attorney’s Office have collaborated to advance the drug court, the day reporting center, and the mental health docket. The drug court has been around for some time but it gaining traction. Some alternatives require a combination of jail time and treatment in the community; others are community based.

However, none of these alternatives affect people who were harshly sentenced before and still languish behind bars. Typically, these alternatives are applied to younger and first-time offenders. Folks we would refer to as “career criminals” are not benefiting. While their current crime might make them candidates for an alternative, prosecutors use their criminal history to try to convince judges to impose long, harsh sentences.

Looking specifically at the Richmond Sheriff’s office, where I also work full time, Sheriff C.T. Woody has always said we are locking up the wrong people. Addicts are getting stiff sentences even though addiction is a disease and incarcerating them for long periods of time does not work.  Drugs are rampant in prison, so use and addiction continues during lock-up. Even if offenders don’t use drugs while incarcerated, they are very likely to start using again when they get out, especially if they aren’t involved in a treatment program in jail. Side note: Many addicts overdose when they get out of jail because they use the same amount of drugs they did before they got locked up without realizing that their tolerance is no longer as high as it had been.

Prison is a breeding ground to create better criminals – to discuss how to get away crimes next time, to meet more drug contacts and street criminals, to fight and join gangs, without learning how to properly function in society. A letter I recently received from an offender in prison said ISIS is recruiting in prison. Continue reading

Mass Incarceration (Part I)

mass_incarcerationby Sarah Scarbrough

Are we using prison and jail too much? Do we put people behind bars with long sentences as a means to attempt to curb the crime rate? Many refer to this as mass incarceration.

First, though, let me first start by framing this and giving you a bit of context and background…

The United States has the highest incarceration rate in the world – with over 2.2 million individuals behind bars today. This is about a 500 percent increase in the past 40 years. Further, even though the U.S. has only five percent of the world’s population, it houses 25 percent of the world’s prison population. If those numbers were not alarming enough, there are another 4.75 million on some type of state supervision, such as probation or parole.

A disproportionate number of of people incarcerated are African-American males. Of the over two million incarcerated today, almost 40% are black men; one in nine black men between the ages of 20 and 34 are behind bars today. And, one-third of all black men will be incarcerated at some point of their life. Twenty percent of those incarcerated are Hispanic males.

While crime rates in the U.S. have consistently decreased for 24 years, the number of incarcerated people has continued to rise over the majority of that period. This is attributed to both more people being sent to prison for offenses that once were punished with other measures and longer sentences. For example, even though the number of violent crimes has gradually decreased over the past two decades, the number of offenders serving life sentences has progressively risen. Today, one in nine prisoners are serving a life sentence.

So, the question is, why the unprecedented rise over the decades? The situation: mass incarceration. There are a few different factors associated with this – and it is not just non-violent drug offenders who are associated with mass incarceration, as many often say. There is much more to it.

Starting in the 1970’s, we began sending people convicted of rather minor crimes to prison for longer periods of time – this is where it all started.

Next, the war on drugs began, sending more and more to prison for longer periods of time.

Then, in the early to mid-90’s, we saw sentence increases for a wide variety of crimes, including life sentences and life without parole.

Establishing these efforts was packaged and sold as “getting tough on crime.” The fact that mass incarceration contributed to a social restructuring was not discussed at the time. Folks who suffered from mental health issues and survivors of trauma and abuse were just rounded up and sent into the system where they now eat up a tremendous amount of taxpayer dollars. Continue reading

Amherst Ordinance Violates Basic Human Right

ex-conby James A. Bacon

I have little sympathy for criminals. I don’t buy into the Officer Krupke school of thought that people “are depraved on account of they’re deprived.” And I’m all in favor in getting tough on crime. But I also believe that once a criminal has served his sentence , government policy should be geared to making it easier, not harder, for him to find a job and reintegrate into society.

Employers are understandably reluctant to hire ex-cons for certain types of jobs, with the consequence that many employment opportunities in government, health care, education and finance are off limits. For some felons, the only employment opportunity is creating one’s own job.

But now comes Amherst  County, enacting an ordinance in May, that allows the Commissioner of Revenue to “withdraw the privilege of doing business or exercising a trade, profession, occupation, vocation, calling or activity by revoking a business license” for anyone convicted of a felony or crime of moral turpitude.

As Eugene Volokh, a California law school professor observes, “This isn’t limited to particular job categories and particular criminal histories (e.g., barring people with child sex abuse records from working in day care centers, barring people with recent DUIs from driving trucks, and so on). If the Commissioner wishes, anyone with the specified kind of conviction could essentially be disqualified from pretty much any job in the County.”

“This sort of discretionary control over people’s lives is not how a free country should work,” writes Volokh.

I agree whole-heartedly. Indeed, I would go further. The idea expressed in the Amherst County ordinance that the right to self-employment is a “privilege” revocable by government is reprehensible in a free society. The ability to freely sell one’s labor and/or skills in the marketplace is, or should be, a foundational human right. I can’t imagine what the Amherst board supervisors were thinking when they enacted this ordinance, but they need to repeal it immediately. And if they don’t, some one needs to file a legal challenge. This is an embarrassment.

(Hat tip: Tim Wise)

Tough on Bad Drivers

wrecked_carThe latest from WalletHub… Virginia is the third strictest state in the country when dealing with high-risk drivers. The Old Dominion is consistently among the tougher states for Driving Under the Influence penalties and prevention, speeding enforcement and reckless driving enforcement.

For what it’s worth: Red states are slightly tougher on at-risk drivers than blue states.

Alpha Natural Resources: Running Wrong

Alpha miners in Southwest Virginia (Photo by Scott Elmquist)

Alpha miners in Southwest Virginia
(Photo by Scott Elmquist)

 By Peter Galuszka

Four years ago, coal titan Alpha Natural Resources, one of Virginia’s biggest political donors, was riding high.

It was spending $7.1 billion to buy Massey Energy, a renegade coal firm based in Richmond that had compiled an extraordinary record for safety and environmental violations and fines. Its management practices culminated in a huge mine blast on April 5, 2010 that killed 29 miners in West Virginia, according to three investigations.

Bristol-based Alpha, founded in 2002, had coveted Massey’s rich troves of metallurgical and steam coal as the industry was undergoing a boom phase. It would get about 1,400 Massey workers to add to its workforce of 6,600 but would have to retrain them in safety procedures through Alpha’s “Running Right” program.

Now, four years later, Alpha is in a fight for its life. Its stock – trading at a paltry 55 cents per share — has been delisted by the New York Stock Exchange. After months of layoffs, the firm is preparing for a bankruptcy filing. It is negotiating with its loan holders and senior bondholders to help restructure its debt.

Alpha is the victim of a severe downturn in the coal industry as cheap natural gas from hydraulic fracturing drilling has flooded the market and become a favorite of electric utilities. Alpha had banked on Masset’s huge reserves of met coal to sustain it, but global economic strife, especially in China, has dramatically cut demand for steel. Some claim there is a “War on Coal” in the form of tough new regulations, although others claim the real reason is that coal can’t face competition from other fuel sources.

Alpha’s big fall has big implications for Virginia in several arenas:

(1) Alpha is one of the largest political donors in the state, favoring Republicans. In recent years, it has spent $2,256,617 on GOP politicians and PACS, notably on such influential politicians and Jerry Kilgore and Tommy Norment, according to the Virginia Public Access Project. It also has spent $626,558 on Democrats.

In 2014-2015, it was the ninth largest donor in the state. Dominion was ahead among corporations, but Alpha beat out such top drawer bankrollers as Altria, Comcast and Verizon. The question now is whether a bankruptcy trustee will allow Alpha to continue its funding efforts.

(2) How will Alpha handle its pension and other benefits for its workers? If it goes bankrupt, it will be in the same company as Patriot Coal which is in bankruptcy for the second time in the past several years. Patriot was spun off by Peabody, the nation’s largest coal producer, which wanted to get out of the troubled Central Appalachian market to concentrate on more profitable coalfields in Wyoming’s Powder River Basin and the Midwest.

Critics say that Patriot was a shell firm set up by Peabody so it could skip out of paying health, pension and other benefits to the retired workers it used to employ. The United Mine Workers of America has criticized a Patriot plan to pay its top five executives $6.4 million as it reorganizes its finances.

(3) Coal firms that have large surface mines, as Alpha does, may not be able to meet the financial requirements to clean up the pits as required by law. Alpha has used mountaintop removal practices in the Appalachians in which hundreds of feet of mountains are ripped apart by explosives and huge drag lines to get at coal. They also have mines in Wyoming that also involve removing millions of tons of overburden.

Like many coal firms, Alpha has used “self-bonding” practices to guarantee mine reclamation. In this, the companies use their finances as insurance that they will clean up. If not, they must post cash. Wyoming has given Alpha until Aug. 24 to prove it has $411 million for reclamation.

(4) The health problems of coalfield residents continue unabated. According to a Newsweek report, Kentucky has more cancer rates than any other state. Tobacco smoking as a lot to do with it, but so does exposure to carcinogenic compounds that are released into the environment by mountaintop removal. This also affects people living in Virginia and West Virginia. In 2014, Alpha was fined $27.5 million by federal regulators for illegal discharges of toxic materials into hundreds of streams. It also must pay $200 million to clean up the streams.

The trials of coal companies mean bad news for Virginia and its sister states whose residents living near shut-down mines will still be at risk from them. As more go bust or bankrupt, the bill for their destructive practices will have to borne by someone else.

After digging out the Appalachians for about 150 years, the coal firms have never left coalfield residents well off. Despite its coal riches, Kentucky ranks 45th in the country for wealth. King Coal could have helped alleviate that earlier, but is in a much more difficult position to do much now. Everyday folks with be the ones paying for their legacy.

The Ironies of Virginia’s Growing Diversity

Midlothian’s New Grand Mart taps state’s growing diversity

 By Peter Galuszka

Suddenly immigration is popping up as a major issue in Virginia and the nation.

Virginia Beach has been dubbed a “sanctuary city” for undocumented aliens by Fox News and conservative Websites. GOP presidential hopeful Donald Trump is scarfing up poll number hikes by calling Mexicans trying to enter the U.S. illegally “rapists” and proposing an expensive new wall project to block off the southern border. Pro-Confederate flag advocates are pushing back against anti-flag moves, but they can’t escape the reality they are conjuring up  old visions of white supremacy, not their version of respectable Southern “heritage.”

So, if you’d like to look at it, here’s a piece I wrote for The Washington Post in today’s newspaper. When I visited a new, international food store called New Grand Mart in Midlothian near Richmond, I was impressed by how large it was and how many people from diverse backgrounds were there.

Looking further, I found one study noting that Virginia is drawing new groups of higher-income residents of Asian and Hispanic descent. In the suburbs, African-Americans are doing well, too.

The Center for Opportunity Urbanism ranked 52 cities as offering the best opportunities for diverse groups. One might assume D.C. and Northern Virginia would rank well, and they do. More surprising was that Richmond and Virginia Beach rank in the top 10 in such areas as income and home ownership. True, mostly black inner city Richmond has a 26 percent poverty rate but it seems to be a different story elsewhere.

Stephen Farnsworth of the University of Mary Washington says that economic prosperity and jobs that had been concentrated in the D.C. area, much of it federal, has been spread elsewhere throughout the state. It may not be a coincidence that New Grand Mart was started in Northern Virginia by Korean-Americans who undertook research. It revealed that the Richmond area was a rich diversity market waiting to be tapped. They were impressed and expanded there.

Other areas that do well in the study are Atlanta, Raleigh, N.C. and ones in Texas, which show a trend of job creation in the South and Southwest outpacing economic centers in the Northeast, Midwest and in parts of the West. Another story in today’s Post shows that there are more mostly-black classrooms in Northern cities than in the South. The piece balances out the intense reevaluation of Southern history now underway. A lot of the bad stuff seems to have ended long ago, but somehow similar attitudes remain in cities like Detroit and New York.

This progress is indeed interesting since old-fashioned American xenophobia is rearing itself again.

In Virginia, the long-term political impact will be profound as newer groups prosper. They may not be as inclined as whites to embrace Virginia’s peculiar brand of exceptionalism, such as their emotional mythology of Robert E. Lee and Thomas Jefferson. Their interest in them might be more dispassionately historical.

And, as the numbers of wealthier people from diverse backgrounds grow, they may be less willing to keep their heads down when faced with immigrant bashing. That’s what people of Hispanic descent did in 2007 and 2008 when Prince Williams County went through an ugly phase of crackdowns on supposed illegals. They could strike back with their own political campaigns.

Whether they will be blue or red remains to be seen. It’s not a given that they’d be Democratic-leaning. Farnsworth notes, however, that as more diverse people move to metropolitan suburbs, whites in more rural, lower-income places may become more reactionary out of fear. Hard-working and better-educated newcomers might be out-classing them in job hunts, so they might vote for politicians warning of a yellow or brown peril.

In any case, New Grand Mart presages a very crucial and positive trend in Virginia. It shows the irony of the hard right echo chamber peddling stories designed to inflame hatred and racism, such as the one about Virginia Beach being a “sanctuary” for illegals. In fact, the city is attracting exactly the  well-educated and hard-working newcomers of diverse backgrounds upon whom it can rest its future.

But we’re in an age of bloated billionaires with helmet hairdos and no military experience claiming that former Republican presidential candidate John McCain, a shot-down Navy pilot who spent five years in a brutal North Vietnamese prison, is not a hero. If Virginia can ignore such time-wasters and embrace diversity, it will be a better place.

Memories of a Klan Rally

KlanersBy Peter Galuszka

I was looking through a some old clips today and spotted this Golden Oldie that ran in the Jan. 30, 2000 edition of BusinessWeek magazine where I worked for about 15 years. Bloomberg now owns rights to it and I hope they don’t mind me re-running it.

Mindful of the lofty rhetoric one reads on this blog about being Southern and symbols, I thought this might be an interesting read about how nothing is sacred. Not the Confederate Flag. Not even Stonewall Jackson.

It also shows how little things change. The flag and statues of Confederate generals are still flashpoint issues and people like GOP presidential candidate hopeful Donald Trump are running around making offensive statements about Mexican immigrants. (For the record, the late U.S. Sen. Robert Byrd of West Virginia had been a Klan member early in his life and he later renounced his membership).

The Ku Klux Klan rally I covered was on Nov. 6, 1999.

Here goes:

Letter From West Virginia

The High Price of a Klan Rally

Studying me solemnly from across his desk, Thomas A. Keeley sighs and says in his West Virginia twang: “I have to take care of my people.” I kid Tom that he sounds like the sheriff who was battling coal-company thugs in the 1988 movie Matewan. Tom grins. He puts up with me, since we go back 35 years–to grade school here in Clarksburg, a town of 18,000 nestled in the hills of central West Virginia. Today, Tom, as president of the Harrison County Commission, is the county’s top elected official, and I’ve come to find out how he intends to take care of “his people” in what could be one of the biggest crises Clarksburg has ever faced.

In two days, the Knights of the White Kamellia, one of 55 units of the Ku Klux Klan, will hold a rally on the front steps of the Harrison County Courthouse in downtown Clarksburg. The Klan picked the spot because of its dramatic statue of Confederate General Thomas J. “Stonewall” Jackson, born in Clarksburg in 1824. The Klan figures that Stonewall, riding north against the Yankees, will make a dandy prop for its November rally. So will the 70 state troopers, city police, and county deputies who will be providing the security. The Klan believes that the police presence not only will make it appear to be an oppressed group but will also increase the media coverage.

The city-county expense for the Clarksburg rally will be about $50,000–pin money compared with what 40 cities spent in 1999 hosting the Klan. Security at Cleveland’s August rally ran $600,000, although only 21 Klansmen showed up. But Harrison County is in the heart of the Appalachian poverty belt, and it desperately needs the money for other things. The hamlet of Marshville, for example, badly needs help, since its groundwater has been polluted by coal mines. “It’s costing us a lot of money to accommodate a bunch of white-trash bigots, and you can quote me on that,” says Tom, leaning back in his rumpled suit.

But he doesn’t have much choice. Not only is the Klan making noise, but a far more dangerous ultra-right-wing group is also active locally: the Mountaineer Militia, a cabal of heavily armed survivalists ready to fight what they consider excessive federal power. Militia members from the Clarksburg area hatched an Oklahoma City-style plot in 1996 to bomb the new $200 million FBI fingerprinting center in Clarksburg. The installation employs 3,000. After the FBI infiltrated the group, five men were convicted or pleaded guilty to explosives charges; one was convicted of selling blueprints of the center.

IDENTITY CRISIS. Taking a cue from New York Mayor Rudolph Giuliani, who has also had to deal with a Klan demonstration, Tom is forbidding the wearing of masks at the rally, figuring that fewer Klansmen will show up if they are not able to keep their identity secret. At this point, nobody is sure who they are. The only known Klansman is Cletus Norris, who wrote Tom the letter announcing the rally, using a post office box in Grafton, 20 miles to the east. Norris is a former road worker, once employed by the city. The next day, as I drive to Grafton in search of Norris, I try to recall if the Klan had been active when I lived here back in the 1960s.

In the Deep South at that time, the Klan was bombing black churches and killing civil-rights workers. But from what I remember, not much happened here. Besides, Klansmen in these parts traditionally weren’t so much antiblack (there were few blacks here) as anti-Catholic. That was in reaction to the Italian immigrants who streamed into the area in the 1800s to build the Baltimore & Ohio’s main line to St. Louis, taking jobs away from Protestant backwoods types. The animosity was resolved naturally over the years as boy met girl and both defied ethnic hostility. Today, largely due to intermarriage, 40% of local folk are of Italian descent.

As luck would have it, driving down a Grafton street, I spot a parked gray Dodge pickup with bumper stickers bearing Confederate flags and the slogan, “Racial Purity Equals American Security.” Bingo! I walk up the crumbling concrete stairs to a yellow clapboard house and knock on the door. A slim man with a reddish-blond beard answers. “I am the Grand Dragon,” confirms Cletus Norris. He invites me to sit in the warm autumn sun on the front porch of his parents’ house. The experience is unnerving because for an hour, this 33-year-old is talking softly, pleasantly, almost seductively, but is expounding truly hateful ideas. At one point, Norris asks gently, “You aren’t Jewish, are you?” I reply: “No, but I am Catholic.” Norris says: “That’s O.K.”

A Klansman for five years, Norris claims his group is peaceful and interested only in protecting white rights. “Our rally,” Norris reassures me, “will set a lot of minds at ease. They’ll listen to us and see that we’re just normal Christian men.” Their agenda? “By the year 2040, we will be outnumbered by the combined nonwhite races of this country, and whites won’t get a fair shake.” The message is spreading through cyberspace. “We have some people in Europe and Australia, thanks to the Internet,” he says, as he hushes a dog barking inside the house. Norris insists he doesn’t hate blacks, only “race-mixing.” As for Mexicans, the border to the south should be closed. And Jews? “Christ didn’t have one good thing to say about the Jews.”

Later, I contact Mark Potok, editor of The Intelligence Report of the Southern Poverty Law Center, a Montgomery (Ala.) nonprofit that tracks hate groups. He says Klan membership is static at about 5,000, but that 200,000 belong to other hate groups: Membership in those groups is increasing 25% a year.

PEPPER GAS. The following day–rally day–the police are nervous. Clarksburg looks as if it’s occupied by an invading army. Police vehicles include a bomb disposal truck. There are SWAT teams wearing black Wehrmacht-style helmets and face masks. “If things really get out of hand,” says policeman J.P. Walker says at a press briefing, “you’ll hear a siren, and then you’ve got 10 seconds until the pepper gas goes off.” The rally site has three fenced-in pens–one for Klan supporters, one for the press, and one for protesters. Participants must go through detectors, and attendees can’t bring in anything more than a car key.

Right on time, Norris, head up and confident-looking, dressed in white robe, leads the Klan parade out of the courthouse onto the front plaza, right past Stonewall. He is followed by eight Klansmen and two Klanswomen in brightly colored robes and hoods–no masks. About 150 protesters and 20 supporters shout insults at each other. “This country will go down the tubes,” shouts Norris, but he is barely heard above the noise because Tom won’t allow loudspeakers. When a rumor sweeps the crowd that one Klanswoman is a local English teacher (which turns out to be false), she yells good-naturedly: “There’ll be a test Monday morning.”

After two hours without incident and only one arrest–for disorderly conduct–the Klanspeople are escorted to a city parking lot, where they get into three cars, with Missouri, Ohio, and Virginia plates. Norris announces that a rally the next day in Fairmont, 20 miles north, has been canceled. Is that because the mayor refuses to provide security, I ask? “No, we just don’t want to make a nuisance of ourselves,” Norris says. The irony of that is not lost on one police officer. As he waves to the departing caravan, he mutters: “Goodbye, you sons of bitches–and to think I had seats on the 50-yard line at the West Virginia-Virginia Tech game today.”

By Peter Galuszka; Edited by Sandra Dallas

Don’t Stop a Welcome Purge

confederate flag dayBy Peter Galuszka

The Confederate Battle flag is quickly unraveling throughout the Old Dominion. With it are going many icons of an era racked with controversy and hatred, along with mythology, which regretfully will still continue in some form.

Following the example of South Carolina Gov. Nikki Haley who asked that state’s legislature to take the Confederate flag off State Capitol grounds, Virginia Gov. Terry McAuliffe ordered the Department of Motor Vehicles to stop issuing specialty license plates showing the flag along with the Sons of Confederate Veterans logo.

National retailers such as Walmart and Amazon likewise nixed the flag and removed items displaying it from their shelves and warehouses.

Two events helped push this national movement with remarkable speed.

One was a U.S. Supreme Court decision – split evenly between liberal and conservative judges – that Texas had the right not to allow the Confederate flag on its license plates. The other was the shooting death of nine African-Americans by a self-styled white supremacist as they prayed at a Charleston church.

It’s about time some movement was made on this matter. But in Virginia, as in other parts of the South, there’s a lot more to do. Richmond’s famous Monument Avenue has the statues of Confederate generals Robert E. Lee, Thomas “Stonewall” Jackson and J.E.B. Stuart. Why aren’t they dismantled?

Richmond area schools have “Rebels “or “Confederates” as their mascots, namely Lee-Davis High School in Mechanicsville and Douglas S. Freeman in Henrico County.

Throughout the state are street names celebrating the Southern war machine. There are Jefferson Davis Highways in Alexandria and South Richmond. Only recently were flags removed from the Confederate Memorial Chapel on the grounds of the Virginia Museum of Fine Arts and at private Washington & Lee University.

Of course, the flag is an insult to those oppressed by it, notably African-Americans. But mythology – about an honorable South tragically plundered and lost – has provided cover and let it fly 150 years after the Civil War.

Having grown up mostly in the South or Border States in the 1950s and 1960s and then having worked there for years, I have dealt with the Confederate flag for years. I don’t find it absolutely shocking as some do, but I have always wondered why it keeps flying on public property.

It wasn’t until I was in college in the Boston area when I started really asking myself questions. For one course, I read “The Strange Career of Jim Crow,” historian C. Vann Woodward’s 1955 masterpiece. He demolished the idea that legal segregation was a long-time Southern tradition. Instead, it started up in the 1890s, he pointed out.

That’s not a very long time, especially for white Southerners who purport to be so sensitive to history. Instead, they have invented a mythology. Virginia is becoming more diverse and includes people who have no family tie to state during the mid-19th century. One reason Gov. Haley had the fortitude to do what she did was that she is an Indian-American, born in South Carolina. In other words, she is neither white nor black according to the old rules and didn’t need to be guided by them.

My immediate concern is that this long-needed purge won’t go far enough. And as long as the generals preside over Richmond’s Monument Avenue, the fairy tales will endure.

New Lease on Life for the Death Penalty

Dylann Roof -- the face of evil

Dylann Roof — the face of evil

I’ve been wavering in my support for the death penalty in recent years — repeated stories of people wrongfully convicted ending up on death row wore me down. Once the state has executed someone, there’s no going, whoops, we made a mistake, so sorry about that. But, then, along comes an incident like the murder of nine African-American church goers in Charleston, S.C., and I think, there are crimes so heinous and unforgivable that death is the only appropriate redress.

We’re finding out now that the suspected killer, Dylann Roof, was a loner. He had emotional problems. He was taking a drug, suboxone, which has been connected with sudden outbursts of aggression. I’m sure he’ll find some lawyer who will plead that it wasn’t his fault, the drug made him do it.

Now, Roof deserves his day in court to present a defense, but based on what we know now there are no facts that can possibly mitigate the horror of the crime he committed. Roof had been delving into racist ideologies and ranting about injustices to the white race. He then took it upon himself to go to a black church and sit in a bible study class for an hour before shooting and killing nine people. “I have to do it,” he allegedly said. “You rape our women and you’re taking over our country. And you have to go.”

If the act transpired as portrayed in the media, it could not possibly have been more calculated and premeditated. While Roof may have been emotionally disturbed, he displayed total clarity of mind. The appropriate response to such a crime is to expunge him from the face of the earth.

Update: Heart wrenching beyond words: “The man suspected of killing nine people at a historically black Charleston church told police that he ‘almost didn’t go through with it because everyone was so nice to him,'” reports MSNBC. The statement demonstrates that he clearly knew right from wrong. No excuses. Definitely time for South Carolina to warm up the electric chair.