Category Archives: Property rights

One Small Victory in the Never Ending Battle to Protect Free Speech

bob_wilsonby James A. Bacon

A few days ago I bemoaned state-imposed restrictions on the right of two Oregon bakers, Aaron and Melissa Klein, to publicly explain the reasons for their religion-based opposition to serving couples in gay weddings. Could such a transgression against free speech happen in Virginia, I asked. If it did, I would vigorously oppose it.

Well, such a thing has happened in Virginia, although it has nothing to do with gay marriage. Rather, the City of Norfolk ordered a business owner to take down a sign on the side of his building protesting the seizure of his property by eminent domain. The offending words:

50 years on this street
78 years in Norfolk
100 workers threatened by eminent domain

The horror! The horror!

Bob Wilson, the owner of Central Radio, a radio repair company, resisted the condemnation of his property by Old Dominion University by erecting a 375-square-foot sign on the side of his building as seen in the photo above. A city ordinance prohibits signs larger than 60 square feet. To avoid fines of up to $1,000 per day, Wilson covered the sign… and sued. The local court sided with the city. So did the Circuit Court of Appeals. And so, in June, did the U.S. Supreme Court, which, in a unanimous decision, declared that a municipal code that treats some signs differently than others based on their subject matter is “presumptively unconstitutional.”

Bacon’s bottom line: If the Kleins had been prescient, they would have expressed their views (which, for the record, I do not agree with) in a sign on the side of their bakery. The right of Americans to express views objectionable to those in power is perhaps the most fundamental safeguard against tyranny they possess. All Virginians should rejoice in Bob Wilson’s victory — and thank the Institute for Justice for taking up his case.

The Boston Globe Visits Richmond

Slavery? What slavery>

Slavery? What slavery?

 By Peter Galuszka

An outside view is always welcome, especially in these incredible days when a lot of Southern mythology is being turned on its head.

Richmond is a great locus for the examination given its tortured history. The former Capital of the Confederacy (more by accident than anything else) is a true crucible.

The Boston Globe is running a series of articles from cities across the country examining how Americans citizens view their identities and how they are reacting to the fast-moving examination of slavery, the Civil War and the debates over its twisted symbols, especially the Confederate flag.

Globe reporter Michael Karnish starts with Ana Edwards, an African-American Richmonder, as she stands near the Jefferson Davis Monument on the city’s famed Monument Avenue packed with Confederate generals, Arthur Ashe and an aviator.

Confederate President Jefferson Davis, who led the insurrection against the United States, is praised as backing “Constitutional Principles” and “Defender of States Rights” (strangely similar to the conservative reaction to the recent U.S. Supreme Court decision on gay marriage).

Nowhere is it inscribed about what the war was all about – slavery.

You might go down to Shockoe Bottom for that. It was once the second busiest slave trading market in the country. There’s a site for an old gallows, a “Burial Ground for Negroes.” Lumpkin’s Jail. Ghosts of about 350,000 slaves “sent downriver from Richmond over a 35-year period before the Civil War.

One of them was Anthony Burns, 19, who escaped to Boston in 1853 but was arrested under a fugitive law and after lots of public demonstrations, was returned to Richmond with federal troops at the ready. He ended up in Lumpkin’s Jail.

There’s not a lot in Richmond to remind about slavery. In fact, when one drives north across the James River on Interstate 95, the Virginia Holocaust Museum makes a bigger impression even though Virginia had nothing to do with the Nazi Final Solution.

The Globe reporter does a fair job of contrasting Carytown, the chic and artsy shopping district (that goes hand to mouth with the city’s annoying fetish for fancy food and craft beer) with other parts of the city that are chock full of impoverished people. One out of every four Richmonders is officially poor.

Mayor Dwight Jones, an African-American, discusses his plans to eliminate public housing and fill it with mixed-use and mixed-income developments.

The next page to turn will be the UCL World Cycling Championship where 1,000 international cyclists will converge on Richmond for nine days in September. It is expected to draw 450,000 spectators (as the promoters insist they be called). Jones is a big promoter.

But plans are to have the cyclists zip past the 1907-era Confederate generals and Jefferson Davis on the city’s most famous avenue about 16 times before video cameras that will be broadcast globally. What kind of impression will that make? Given Richmond’s enormous and unresolved image problems and insecurity, can it simply and politely avoid facing the past as it has for 150 years and expect everyone else to go along with it?

I wouldn’t expect Mayor Jones to come up with an answer since he has failed to do much to put a slavery museum in Shockoe Bottom, the most appropriate spot for it. Instead, he was pushing some kind of museum along with an expensive project including a minor league baseball stadium and bars and restaurants.

To be sure, I am not completely sure people or newspapers from Boston have a lock on any moral compass. I went to college there for four years in the early 1970s and heard so much self-righteous nonsense that I began to think of myself as a Southerner.

After all, in the fall of 1974, just after I graduated and went back to North Carolina, Boston erupted into racial violence over court-ordered busing to integrate its de facto segregated schools.

In this case, however, the Globe has a good perspective on Richmond. It is a valuable addition to the debate.

Business-Labor Coalition Enters Pipeline Debate

Proposed route of Atlantic Coast Pipeline.

Proposed route of Atlantic Coast Pipeline.

by James A. Bacon

More than 100 business, labor and economic development organizations have announced the formation of an advocacy group, EnergySure, to promote the Atlantic Coast Pipeline. The founding members “represent millions of employees and associates across Virginia, West Virginia and North Carolina,” says the organization’s press release.

EnergySure is being funded by the four Atlantic Coast Pipeline partners: Dominion, Duke Energy, Piedmont Natural Gas and AGL Resources. “The ACP partners serve millions of homes and businesses that depend on the companies to meet their energy needs,” states the group’s website. “The EnergySure Coalition was created as a platform for these consumer voices to be heard.”

The proposed 550-mile pipeline would transport natural gas originating from fracked natural gas fields in West Virginia to markets in Virginia and North Carolina.

The advocacy group comes together in response to spirited opposition by landowners along the proposed route, especially in bucolic Augusta County and Nelson County in Virginia. Led by the All Pain No Gain group, foes say the pipeline would harm property values, contaminate water, pose a safety risk and negatively impact local craft agriculture while doing little to create jobs or lower energy prices.

EnergySure hits three main themes in support of the pipeline:

Reliable energy. Virginia and North Carolina need a reliable supply of natural gas to support economic growth. Utility demand for natural gas is expected to triple as power companies in Virginia and North Carolina retire coal-fired power plants and burn cleaner natural gas in its place. Pipeline advocates also assert that existing pipelines are approaching maximum capacity and the inability to bring more gas into the region will make it difficult to recruit manufacturers that require natural gas in their processes.

Economic development. Pipeline construction will support 17,240 jobs across Virginia, West Virginia and North Carolina, asserts EnergySure. Longer term, the pipeline also will save Virginia and North Carolina consumers $377 million yearly over the next 2o years, which in turn will stimulate local economies.

The money consumers save on energy each year could help support 2,200 jobs when reinvested back into Virginia and North Carolina’s economies. Over the next 20 years, the Atlantic Coast Pipeline is projected to generate $7.5 billion in energy savings, $2.6 billion in labor income and $4.4 billion in gross state product to Virginia and North Carolina.

Another bonus: Projected cumulative property taxes are estimated at $25 million annually.

(The website does not say where the economic impact numbers come from. The data comes from a report, “The Economic Impacts of the Atlantic Coast Pipeline,” written by ICF  International, a Northern Virginia professional services firm, for Dominion Transmission Inc. ICF utilized its Gas Market Model and Integrated Planning Model to model the North American gas and electric markets with and without the pipeline. )

Green energy. Two waves of federal regulation — one enforcing stricter standards for emissions of toxic chemicals and the other curtailing carbon dioxide — leave Virginia and North Carolina power companies with little choice but to substitute natural gas for coal in their fuel mix. In addition, gas-fired power plants serve as back-up for solar and wind power, whose power output varies with time of day and weather conditions.

As for local environmental impact, EnergySure concedes that there will be “temporary disruption” during the construction phase, but that “most of the land” the pipeline crosses will return to its original land use. Also, inspectors will be conducting tests through the construction process to ensure water quality remains the same as it was before.

Bacon’s bottom line. With the publication of the EnergySure and All Pain No Gain websites, the battle lines are drawn and the issues clear for all to see.  At the moment, the conflict is shaping up as a David and Goliath contest: rural landowners in Nelson and Augusta counties pitted against the business, labor and economic development establishments of three states.

It remains to be seen how two important constituencies align themselves. Outside property rights groups have not yet played a vocal role in the debate so far, although one would think that they would sympathize with local landowners. Another potential ally, the environmentalist movement, appears to be conflicted. Environmentalists typically side with landowners seeking to protect the local environment against disruptive construction projects, and some environmental groups oppose anything that would promote the production and consumption of fossil fuels (including natural gas) for any reason. On the other hand, pragmatists in the environmental community recognize that the energy economy cannot transition away from coal without more natural gas. To date, major environmental groups have kept a low profile in the pipeline debate.

Politically speaking, the entry of dozens of business, labor and economic development organizations on the side of the pipeline partners would seem tip the odds strongly in favor of the pipeline.

Why There’s No Swimming Pool at Gilpin Court

gilpin courtBy Peter Galuszka

Heat and humidity seem to have been especially intense this summer. But it can be much worse at an inner city public housing project where there are few trees and other vegetation and lots of bricks and concrete that and retain heat.

So, wouldn’t a swimming pool seem nice, especially when your housing project already has one?

That’s what I thought when I visited Gilpin Court, one of Richmond’s 11 public housing projects. Housing 2,200 residents, many of them children, Gilpin is one of the worst ones run by the Richmond Redevelopment and Housing Authority. It was built in the 1940s. Here’s my story in Style Weekly.

There is a swimming pool. But, the indoor basin has been shut down for three years and the RRHA says it can’t be fixed. “The pool is closed for maintenance and repairs and diminishing funds we have available,” a spokeswoman says.

In the meantime, the RRHA has been spending money on other things, according to the Senate Judiciary Committee.

A list:

  • The RRHA spent $1,515 in 2012 to take 55 residents of Creighton Court, another project, for a bus charter to a West Virginia gambling casino.
  • The former RRHA police chief spent $900 on a television and more for cable services for an emergency operations center” that didn’t exist.He and his wife also got to go to a conference in San Diego with a side trip to Las Vegas.
  • Former authority chief executive Adrienne Goolsby, who resigned under a cloud in January, was being paid $183, 800 a year plus a $10,000 bonus. This is well above U.S. Department and Urban Development guidelines of $155,500 a year. The state governor makes less: $175,000.

U.S. Sen. Charles Grassley (R-Iowa) wrote to Goolsby last year asking for answers for these matters. His staff says he never got an answer.

Meanwhile, RRHA is being run by a temporary chief. No one seems to know when a permanent one will be appointed.

Gilpin children say they can swim at other city-owned pools or at Pocahontas State Park, which is 27 miles away.

One other takeaway: one hears a lot on this blog from writers about how the problems of poverty are a lack of personal responsibility. I guess if you grow up in a furnace like Gilpin, you just have to work harder.

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.

Richmond’s Pathetic Leadership

At the Diamond

At the Diamond

By Peter Galuszka

Richmond is going through an existential crisis. Its “leadership” can’t get anything done after wasting the public’s time and attention on the supposed possibilities of this so-called “Capital of Creativity.”

Two examples come to mind. One is the city’s and region’s utter failure to do anything about its crumbling ballpark. The other is wasting everyone’s time on pushing an independent children’s hospital and then having VCU Health and Bon Secours pull the rug out from everyone.

Mind you, you hear ramblings out the wazoo about how Richmond is all about “regionalism” and how the “River City” is just a dandy place to live. One of the worst offenders is Bacon’s Rebellion, which shamelessly crams Richmond boosterism down readers’ throats.

But what really sets me off is a full page and unabashedly revisionist editorial in this morning’s Richmond Times-Dispatch titled “Ballpark in the Bottom? Definitely not.” The writers claim they “having listened carefully, and at great length, to all sides, we have become convinced a proposal that seemed promising at first is fatally flawed.”

Yipes! This comes after a couple years of the newspaper’s flacking Mayor Dwight C. Jones’ dubious plan to put a new $67 million stadium in historic Shockoe Bottom for the city’s Minor League AA team, the Flying Squirrels, rather than refurbishing or replacing the crumbling Diamond on the Boulevard near the strategic intersections of Interstates 64 and 95.

TD Publisher Thomas A. (TAS) Silvestri, the one-time and obviously conflicted chair of the local chamber of commerce, pushed the Shockoe idea because that was the flavor of the month with parts of the Richmond elite, including some developers, the Timmons engineering group, the Jones regime and others.

It was a bad idea from the start and had been shot down before. The Bottom has no parking and is too cramped. Even worse, it would disturb graves of slaves and other reminders of the city’s darker past such as being the nation’s No. 2 slave trading capital (this is before the “creativity” part).

The AAA Richmond Braves hated the Diamond so much that they bolted to a new stadium in Gwinnett County outside of Atlanta in 2009. A new team associated with the San Francisco Giants decided to move in. The Flying Squirrels have been an outstanding success and in the five years they have been here, their team has drawn more fans than any other in the Eastern League. In fact, their stats place them among the best draws in all of minor league baseball.

But the Squirrels had been led to believe they would get new or greatly improved digs. Instead of focusing on the Diamond (which has ONE elevator for the sick and elderly and it often doesn’t work). A couple of weeks ago, Lou DiBella wrote an open letter to the community noting that nothing has happened. Their deal with the city end next year, raising the issue of whether they will bolt as the Braves did.

Squirrels owner DiBella

Squirrels owner DiBella

I did a Q&A with DiBella for Style. Here’s how he put it:

“We have been a great asset for the whole Richmond region. Where am I looking? I’m not trying to look. You want me to look, tell me. I want to create a dialogue. I want people to be honest and open and candid right now. If you’re going to screw around with us the same way you did with the Braves, the way Richmond did under false pretenses, and there’s no chance of any regional participation or the city being creative in building a stadium — let me know now because I do have to start thinking about the future.”

He has a point. Richmond did screw around with him. Chesterfield and Henrico Counties did, too. The Squirrels get most of their spectators from the suburbs but their political leaders don’t want to spend anything to help. They neatly got off the hook when they conveyed the Diamond from the Richmond Metropolitan Authority, of which they are members, to the city exclusively.

The Jones administration, meanwhile, wasted everyone’s time (except that of the Richmond Times-Dispatch) by pushing the Bottom idea. The business elite sponsored trips for so-called local leaders to fly around the country and look at other stadiums.

Then, nothing. A development firm called the Rebkee Co. came up with a plan to build a new stadium near the Diamond with private funds. But the city refused to even review the plan. They did not accept formal written copies of the idea.

The Jones team did manage to come up with a summer practice area for the Washington Redskins that is used about two or three weeks a year. It hardly draws anything close to what the Squirrels do, but they had little problem pushing with their idea.

Bill Goodwin

Bill Goodwin

Next up is a stand-alone children’s hospital, an idea backed by a group of pediatricians and Bill Goodwin, a wealthy philanthropist and one of the most powerful men in Richmond. He and his wife pledged $150 million for the project and many, including the RTD, talked about it to death. Goodwin’s idea would be to create a world class hospital on the level of the famous Childrens Hospital of Philadelphia.

Then, without warning, non-profits VCU and Bon Secours health system pulled the rug out from under Goodwin and everyone else. They said an independent children’s hospital wasn’t needed, there was no market for it and pediatric care is moving more towards out-patient service, anyway.

The real reason, says Goodwin, is that a stand-alone children’s hospital would mean that other local hospitals would have to scale back their money-making pediatric units.

Also for Style, I asked Goodwin for his thoughts. He was flabbergasted at shutting down the idea without warning. He said:

“We were planning for an independent children’s hospital that was regional and would provide more comprehensive coverage than what VCU and Bon Secours are currently providing. This effort would have been a heck of an economic driver for our community and would provide significantly better medical care for children. Better medical education and research were also planned. We would be creating something that was creating good jobs, and it would be something that the community would be proud of, which we haven’t had recently.”

So there you have it, sports fans – a moment of truth. With its current leadership, Richmond couldn’t strike water if it fell out of a boat. You know it when the editorial writers on Franklin Street start revising history.

“Spankdown” at Woodlake

S&MBy Peter Galuszka

Homeowners Associations are double-edged swords. They can preserve home values by enforcing covenants but sometimes  morph into Neo-Nazi privatized governments that make life miserable by meddling.

One HOA in suburban Richmond is in something of a unique situation.

Woodlake, a 2,800 home, 1980s-styled PUD in Chesterfield County, has been having problems. The realty firm that owned its extensive swim and recreational facilities sold them to the HOA in 2010 which ended up $700,000 in debt.

It has caused lots of gnashing of teeth because no one wants a special assessment. I don’t live there but I play tennis there and hear a lot about it from my friends.

The board is new, the old community manager left and they hired a new manager who has an extensive professional background in the field.

The manager, Bethany Halle, also has another life. She’s the author of about 70 erotic fantasies specializing sado-masochism, bondage and other delights, including ones involving the paranormal. She enjoys exploring “murder and mayhem” at HOAs in her literary life.

Here’s my story about it in the Chesterfield Observer.

Halle’s books have been published by such houses as “Naughty Nights.” She blogs and has radio shows about erotic literature. The HOA board supports their decision to hire her , saying they knew about her other life but she was the best qualified to run the HOA.

Halle writes under her own name or “Cassandre Dayne” and “Dakotah Black”

One of her titles is “Spankdown.” Maybe that’s just what Woodlake needs.

Hottest Primary May Be 10th Senate District

 By Peter Galuszka

Emily Francis

Emily Francis

Primaries in Virginia used to be a bore, but no longer.

Last year, Dave Brat’s Tea Party-backed insurgency against the seemingly impregnable Eric Cantor garnered national headlines in the 7th Congressional District.

This year, you have several General Assembly races come June 9 that will seek to replace several prominent politicians who are retiring, including Republicans John Watkins of the 10th Senate District; Walter Stosch of the 12th Senate District; and Democrat Charles Colgan of the 29th.

I picked the 10th District race for a piece in Style Weekly. There, historic tax credit developer Dan Gecker, a long time Chesterfield County planning commissioner and supervisor, is up against progressive non-profit consultant Emily Francis and former delegate and lawyer Alex McMurtrie for the Democrat candidacy. Whoever wins faces Republican nominee Glen Sturtevant and Libertarian Carl Loser.

Dan Gecker

Dan Gecker

The race could well determine whether the state senate remains in Republican hands. Should the Democrat win, the mix in the senate could bounce back to 20-20; it is 21-19 now in favor of the GOP. Stephen Farnsworth, a political analyst at the University of Mary Washington,  told me this is the race to watch.

What’s also curious is that the 10th District is a true anomaly. One might assume that such as district would be comfortably GOP. It isn’t since it stretches from the blue areas of Richmond like the Museum District and the Northside. It covers parts of the more conservative mega-neighborhoods of Brandermill and Woodlake in Chesterfield and then all of Powhatan County.

Instead of having the likes of Brat saying that his opponent isn’t conservative enough, Francis says she’s the only true progressive in the race.

Another quirk is that Gecker, a moderate who says he’s a progressive, figured in the Bill Clinton impeachment.

Back in the 1990s, he was lawyer to Kathleen Willey, a Powhatan resident who claimed that Clinton groped her in the White House. Gecker represented her in a book deal. Some Democrats have said that Gecker is a Clinton-basher – an interesting claim now that part of the Democratic establishment is gearing Hillary Clinton for another presidential run.

Gov. Terry McAuliffe, a Clinton confidante, has tried to smooth things over by endorsing Gecker.

New Film Documents Horrors of Coal Mining

blood on the moutain posterBy Peter Galuszka

Several years in the making, “Blood on the Mountain” has finally premiered in New York City. The documentary examines the cycle of exploitation of people and environment by West Virginia’s coal industry highlighting Massey Energy, a coal firm that was based in Richmond.

The final cut of the film was released publicly May 26 at Anthology Film Archives as part of the “Workers Unite! Film Festival” funded in part by the Fund for Creative Communities, the Manhattan Community Arts Fund and the New York State Council of the Arts.

Directed by Mari-Lynn Evans and Jordan Freeman, the film shows that how for more than a century, coal companies and politicians kept coal workers laboring in unsafe conditions that killed thousands while ravaging the state’s mountain environment.

As Bruce Stanley, a lawyer from Mingo County, W.Va. who is interviewed in the film and has fought Donald L. Blankenship, the notorious former head of Massey Energy, says, there isn’t a “War on Coal,” it is a “war waged by coal on West Virginia.”

When hundreds of striking workers protested onerous and deadly working conditions in the early 1920s, they were met with machine guns and combat aircraft in a war that West Virginia officials kept out of history books. They didn’t teach it when I was in grade school there in the 1960s. I learned about the war in the 1990s.

The cycle of coal mine deaths,environmental disaster and regional poverty continues to this day. In 2010, safety cutbacks at a Massey Energy mine led to the deaths of 29 miners in the worst such disaster in 40 years. Mountains in Central Appalachia, including southwest Virginia, continue to be ravaged by extreme strip mining.

As Jeff Biggers said in a review of the movie in the Huffington Post:

“Thanks to its historical perspective, Blood on the Mountains keeps hope alive in the coalfields — and in the more defining mountains, the mountain state vs. the “extraction state” — and reminds viewers of the inspiring continuum of the extraordinary Blair Mountain miners’ uprising in 1921, the victory of Miners for Democracy leader Arnold Miller as the UMWA president in the 1970s, and today’s fearless campaigns against mountaintop-removal mining.”

The movie (here is the trailer) is a personal mission for me. In 2013, after my book “Thunder on the Mountain, Death at Massey and the Dirty Secrets Behind Big Coal,” was published by St. Martin’s Press, Mari-Lynn Evans called me and said she liked the book and wanted me to work with her on the movie project. She is from a small town in West Virginia a little south of where I spent several years as a child and thought some of my observations in the book rang true.

I drove out to Beckley, W.Va. for several hours of on-camera interviews. Over the next two years, I watched early versions, gave my criticisms and ideas and acted as a kind of consultant. Mari-Lynn’s production company is in Akron and I visited other production facilities in New York near the Brooklyn Navy Yard.

Interesting work if you can get it. My only forays into film making before had been with my high school film club where he videographed a coffin being lowered into a grave (in West Virginia no less). I was greatly impressed when I saw the movie at its New York premiere.

Mari-Lynn and Jordan have been filming in the region for years. They collaborated on “The Appalachians,” an award-winning three-part documentary that was aired on PBS a few years ago and on “Coal Country” which dealt with mountaintop removal strip mining.

They and writer Phyllis Geller spent months detailing how coal companies bought up land on the cheap from unwitting residents, hired miners and other workers while intimidating them and abusing them, divided communities and plundered some very beautiful mountains.

Upper Big Branch is just a continuation of the mine disasters that have killed thousands. The worst was Monongah in 1907 with a death toll of at least 362; Eccles in 1914 with 183 dead; and Farmington in 1968 with 78 dead (just a county over from where I used to live).

By 2008 while Blankenship was CEO of Massey, some 52 miners were killed. Then came Upper Big Branch with 29 dead in 2010.

At least 700 were killed by silicosis in the 1930s after Union Carbine dug a tunnel at Hawks Nest. Many were buried in unmarked graves.

While state regulation has been lame, scores West Virginia politicians have been found guilty of taking bribes, including ex-Gov. Arch Moore.

The movie is strong stuff. I’ll let you know where it will be available. A new and expanded paperback version of my book is available from West Virginia University Press.

Blankenship is scheduled to go on trial on federal charges related to Upper Big Branch on July 13.

Private Immigrant Jail May Face Woes

Farmville jail protest

Farmville jail protest

By Peter Galuszka

Privatization in Virginia has been a buzzword for years among both parties. In this tax-averse state, contracting off public functions is seen as a wise and worthy approach.

But then you get debacles such as the U.S. 460 highway project. And now, you might have one brewing down in Farmville.

The small college town is in Prince Edward County, which gained international notoriety from 1959 to 1964 when it decided to shut down its entire school system rather than integrate. Many white kids ended up in all-white private schools and many African-American children were cheated out of an education entirely.

About six years ago, another creepy project started there – a private, for-profit prison designed exclusively to imprison undocumented aliens. It’s a cozy little deal, as I outline in a piece in Sunday’s Washington Post.

Farmville gets a $1 per head, per day (sounds like slavery) from the U.S. Immigration and Customs Enforcement agency. Immigration Centers of America, the private firm run by Richmond executives Ken Newsome and Russell Harper, gets profits. Then, in turn, also pay taxes to Farmville and the county.

The ICA facility, whose logo includes an American flag, pays taxes as well and provides about 250 jobs locally. The project even got a $400,000 grant from the scandal-ridden Virginia Tobacco Indemnification and Community Revitalization Commission for water and sewer works.

What might sound like a no-lose operation, except for the mostly Hispanic inmates who might have entered the country illegally, overstayed their visas, or had other bureaucratic problems, may face problems.

The census now at the jail is about 75 percent of what it could be. President Obama has issued an executive order that could free some five million undocumented aliens. It is being challenged by 26 states but Virginia Atty. Gen Mark Herring has filed an amicus brief in favor of Obama.

So what happens to Farmville if Obama wins? It could affect 96,000 aliens in Virginia. Could there someday be no prisoners? Wouldn’t that be too bad for Farmville?

Recent history is instructive. Back in the 1990s, Gov. George Allen, a conservative darling, was pushing private prisons in Virginia as he successfully got rid of parole in part of his crime crackdown. Slave labor was part of the deal.

Executive Intelligence Weekly wrote in 1994:

“Slave labor in American prisons is increasingly being carried out in what are called “private prisons.” In his campaign to “reform” Virginia’s penal laws, Gov. George Allen pointed to prison privatization as the wave of the future, a moneymaking enterprise for the investor, and a source of good, cheap labor for Virginia’s municipalities. Indeed, after taxes, pay-back to the prison, and victim restitution are removed, the inmate earns an average of $1 per hour in these facilities.”

Well guess what happened. Allen pushed for more public and private prisons. They were overbuilt. Demographics changed. Crime rates dropped. Prisons had to be shut down.

So, if immigration reform ever comes about what happens in Farmville? Don’t forget, the private jail came at a time when a construction boom, especially in Northern Virginia had drawn in many immigrants especially from Latin America. Their papers may not have been in order.

Neo-racists like Corey Stewart, chairman of the board of supervisors of Prince William County, ordered a crackdown on brown-skinned people who spoke Spanish. But when the real estate market crashed, fewer Latinos arrived. And, if they did, they avoided Stewart’s home county.

Wither Farmville?