News

Arlington No Longer Arresting, Charging “Drunkards” After Federal Court Ruling

By Airey

(Updated at 5:15 p.m.) Courts in Arlington County will no longer legally declare people drunks and arrest them for drinking alcohol after a federal court ruled the old law unconstitutional.

A full panel of judges on the 4th Circuit Court of Appeals struck down a state law called “interdiction” which allows counties to label people “habitual drunkards” and prosecute them for having or drinking alcohol. The judges ruled 8-7 last week that the law left the meaning of habitual drunkards “unconstitutionally vague” and constituted cruel and unusual punishment — a violation of the Eighth Amendment.

“We hope that this means that our clients can have the debilitating label ‘habitual drunkard’ lifted from them and they can move through their lives without constant fear of prosecution,” said Elaine Poon, the managing attorney at the Legal Aid Justice Center which has helped lead a class-action fight in court to overturn the law for the last three years.

Prosecutors in Arlington this week dismissed seven active cases brought under the nullified law, and police have suspended enforcement — though laws against public drunkenness and other alcohol-related crimes remain on the books.

“In accordance with the United States Court of Appeals for the Fourth Circuit ruling, the Arlington County Police Department has suspended enforcement of the Virginia Code sections related to alcohol interdiction,” said ACPD spokeswoman Ashley Savage. “No arrests or charges will be sought in relation to those code sections.”

Brad Haywood, Arlington’s Chief Public Defender, said attorneys in his office were notified about the change Thursday morning when they showed up to court, and his office was “ecstatic” to hear the news last week.

“This has been an issue that defense attorneys and social workers have been fighting for decades,” he said. “Since the first day I’ve worked a public defender 15 years ago there were concerted efforts to overturn this law.”

Case Dismissed 

The case, Manning v. Caldwell, is named after Roanoke man Bryan Manning. A judge declared Manning a “drunkard” nine years ago under the interdiction statute without Manning present because the man, who is homeless and had struggled with alcohol addiction for several years, can be difficult to find. Over the next eight years, Manning racked up over 30 charges related to possessing alcohol or being suspected of drinking it, and the frequent arrests often cost him jobs and led to him losing his possessions.

Manning isn’t the only one: in Arlington, one interdicted man has been charged 37 times, per data the prosecutor’s office shared with ARLnow.

The same data shows 12 people have been interdicted in Arlington since 2015, and in total there are 50 interdicted in the county — with each person averaging 19 prosecutions. Between 1996 and 2015, there were 1,220 people legally declared drunks across Virginia, reported the Richmond Times-Dispatch.

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Officials: Arlington County Not Liable for Sewage Storm Damage

By Airey
1/3

(Updated on 07/29/19) Arlington County will not be paying for the cost of clean-up from sewage back-ups into people’s homes during the July 8 flash flood emergency.

A spokesperson for the County Manager’s office said today (Friday) that the county “sympathizes with proper owners” recovering from the unusually strong storm and “regrets” any damage caused, but “unfortunately, the County is not in a position to accept responsibility for damage to private properties resulting from this storm.”

As the rainstorm dumped water on Arlington two weeks ago, stormwater runoff filled basements in homes and businesses — as did some sewage. The Department of Environmental Services previously told ARLnow that water flooded some sewer pipes, backing up sewage into people’s homes.

The result was raw sewage flowing into basements, and in some cases, potentially washing up to the first floor of homes, as evidenced by the smells still lingering days after the storm in some houses hit hard in Westover.

“Under Virginia law, the County is legally immune from these sorts of claims and using County tax dollars to pay for damages for which the County is immune would constitute an illegal gift to a private individual,” said County Manager’s office spokesman Ben Hampton. “While the County will investigate all reported claims on a case-by-case basis, there is no legal basis for it to accept liability in the vast majority of cases resulting from the July 8 storm.”

One tipster who lives near the Cherrydale and Waverly Hills neighborhoods said his house was flooded after the main sewer line near his house flooded, “leaving us pretty much helpless as the county sewage flooded into our basement.”

When asked how many homes were affected by damaged sewer lines during the sewer line, county spokeswoman Bryna Helfer did not yet know and added that, “our primary focus right now is on pursuing the federal and state assistance.”

Over 1,000 residents and business owners filed post-storm damage claims with the county as part of Arlington’s preparation to request aid from the state or the Federal Emergency Management Agency. Hampton said the county is currently reviewing the the damage assessment from the claims which determines the county’s aid eligibility.

“At this time, we have no reason to believe that homeowners with major damage would not be eligible for aid if it’s approved,”  added Helfer.

“The most likely form of aid is from the U.S. Small Business Administration (SBA), which provides low-interest loans to disaster victims, including homeowners, renters, and businesses, for repairs or replacement of disaster-damaged buildings and property,” she said. “SBA can also provide capital to businesses. The County is also pursuing aid under the Federal Emergency Management Agency (FEMA) Individual Assistance program, which provides financial assistance to individuals and families who have sustained losses due to disasters.”

Prior to the July 8 flooding, damage from clogged county sewers has occasionally damaged homes, including several incidents in the Madison Manor neighborhood, leaving residents on the hook for tens of thousands of dollars in clean-up costs.

The full response from the County Manager’s office is below.

The County sympathizes with property owners recovering from the July 8, 2019 storm, which dumped an unprecedented amount of rain in the region and caused significant damage to public infrastructure as well as private property. The County regrets any damage that may have been caused to private property from the County’s public sewer lines being damaged or overwhelmed by this storm. Unfortunately, the County is not in a position to accept responsibility for damage to private properties resulting from this storm. Under Virginia law, the County is legally immune from these sorts of claims and using County tax dollars to pay for damages for which the County is immune would constitute an illegal gift to a private individual. While the County will investigate all reported claims on a case-by-case basis, there is no legal basis for it to accept liability in the vast majority of cases resulting from the July 8 storm. Property owners are encouraged to check with their insurance carriers and to explore the possibility of obtaining flood insurance for their properties. Additional information regarding the July 8 storm is available on the Flood Recovery Center at arlingtonva.us/flood-recovery.

Pentagon Police Holding Emergency Exercise Saturday

By ARLnow.com

The Pentagon’s police force will be holding a training exercise Saturday, prompting the closure of the Pentagon Metro and bus stations.

The Pentagon Force Protection Agency said Pentagon transit stations will be closed between 3 a.m.-2 p.m. The emergency-response exercise itself is slated to start at 8 a.m.

“If you see activities near the Pentagon, do not be alarmed,” the agency said via social media, “it is part of the exercise.

Flickr pool photo by ksrjghkegkdhgkk

Wild Animals, Pets Rescued During the Flood

By Airey
1/6

During the floods that devastated Arlington two weeks ago, it wasn’t just people’s pets that needed rescuing.

Wild animals — especially young ones — were at an especially high risk of being orphaned by the storm because of the time of the year, according to the Animal Welfare League of Arlington, and staff say they rescued dozens of critters.

“After the flood water receded the wildlife calls started to come in,” said Animal Control Chief Jennifer Toussaint.

“From deer who were in odd areas appearing disoriented to dozens of orphaned baby bird and squirrel calls,” she said. “It look about 3 days for our calls for wildlife to go back to the standard volumes we see this time of year. Unfortunately given the time of year many small unweaned animals were thrown from their nests and orphaned.”

Among the orphans were baby squirrel siblings, and a juvenile Cooper’s hawk. AWLA was able to care for them overnight, staff told ARLnow, and transfer them to a wildlife rescue organization that will hopefully be able to rehabilitate them for the wild.

“When we get in wildlife it is either re-released back into other wild, or we do triage care until we get a wildlife rehabilitator,” said AWLA spokeswoman Chelsea Jones. Due to the call volume that Monday it was “all hands on deck” at AWLA, she said..

Toussaint was dispatched to help the Westover community, which was especially hit hard by the flooding, checking homes with pets whose owners were away at work during the morning storm.

“I was present when the fire department aided a woman and her cat out of the flood waters in her basement and up to safety,” she said. “We brought that cat in here to AWLA for safekeeping, a free program we have for boarding animals in an emergency situation.”

She said residents were taking in each other’s pets to keep them safe, and directing first responders to check their elderly neighbors. Jones confirmed that the cat was able to return to its owner after five days of care at AWLA, and all wild animals rescued have been either re-released or transferred to a wildlife rehabilitation organization.

Toussaint said the kindness people showed each other “highlighted the true strength of community we have here in Arlington.”

“I stood in the home of a member of the public who had just lost everything — an inch of water on the floor of the first level, darkness filling the house as the power was cut for safety,” she said. “I listened to one of the captains from our fire department say, ‘I will not leave until I know you have a safe place to go and a plan.'”

Photos (1 and 2) courtesy Jennifer Toussaint, (3 and 4) courtesy Nicole Bender, (5 and 6) courtesy Brandon Jones

Morning Notes

By ARLnow.com

ACPD School Donation Drive Returns — “Help Arlington County students start the school year prepared to succeed by donating new school supplies and other classroom materials during the Fill the Cruiser Back-to-School Supply Drive… on Thursday, August 15 from 6 p.m. to 8 p.m.” [Arlington County]

Discussing Marymount’s Ballston Campus — “Colleges and universities have cracked the code to propel cities forward toward the future of education: focus on the campus experience, expand pathways to new careers, and partner with surrounding communities and cities to drive growth. In Arlington, Va., Marymount University has done just that.” [Medium]

National Night Out in Crystal City — The Crystal City Civic Association and Crystal City BID will be holding their first National Night Out event on Tuesday, Aug. 6. [Crystal City BID]

Post-Flood Trash Collection Update — “The County took special measures to assist residential curbside customers in trash collection efforts following the July 8 damaging storm. This service was in addition to the weekly trash collection by our contractors. Over 110 tons of trash was collected through this service, which is the equivalent of the total weight of 16 school buses. Most of this had to be hand collected and lifted by our crews.” [Arlington County]

Arlington County Board Incumbents Challenged by Two Independent Candidates

By Airey
1/2

This election season, incumbent Arlington County Board candidates will be facing not one, but two independent challengers.

Perennial candidate Audrey Clement is joined in the race for County Board by first-timer Arron O’Dell, a payroll associate with the American Correctional Association who threw his hat into the ring on a platform of affordable housing, more efficient transportation, and representing marginalized communities. The two candidates will face off against incumbent Board Chair Christian Dorsey and Board member Katie Cristol.

Clement is returning to the ring running a campaign centered on greater support for county services like schools, libraries, and affordable housing, as well as promoting green energy and preserving open space.

O’Dell is a D.C. native who’s also lived in Alexandria and Falls Church before moving abroad to Costa Rica and Thailand to teach English. In Thailand, he had a daughter who is now eight years old and lives with him, he said.

“She was born in Thailand and is the single biggest motivator for moving back to Arlington,” he said. “I wanted her to receive a high quality education and live in a place where women are treated more equally.”

Affordable Housing and Transportation

Both candidates are zeroing in on the county’s persistent affordable housing shortage.

“I know many in Arlington consider density a dirty word but we need a solid smart growth plan to add density at all price levels to meet the needs of the future,” said O’Dell, who noted he does not own his home. “I would love to see a plan where longer term residents that could not afford to buy in the current market were given an opportunity to build equity in the places they call home.”

Clement, meanwhile, is proposing the county reorganize all housing programs under a central housing agency in order to help, “negotiate construction costs down, providing taxpayers with more bang for their buck.”

She referred to county data indicating that the cost of building the new Queens Court affordable housing apartments was $430,000 per unit, a price she said was too high.

O’Dell is also campaigning on increased public transit options for the county, citing how much easier it is for him to commute by car to his job in Alexandria currently because of infrequent buses and Metro’s current summer shutdown.

“An effective transportation system needs to be high frequency, high volume and a good value,” he said. “As Arlington evolves we should be looking at walkability and transportation and designing around that.”

Representation 

O’Dell believes his time living abroad, and his experience as a single parent, make him uniquely qualified to represent some underserved communities in Arlington. He told ARLnow he has “deep empathy for the migrant communities in Arlington County, because of my experiences abroad I empathize with people living in a foreign land and trying to get by.”

“I understand just how daunting a new language and culture can be,” he added. “My desire is to be a voice for these lower-income, politicly quieter residents of the county.”

One of Clement’s campaign promises is to “provide a voice on County Board for all taxpayers” but she’s also positioned herself as a watchdog of the County Board through a decade of campaigning and speaking at Board meetings.

In an email to ARLnow she criticized the Board’s recent raise as “excessive,” echoing comments from her website where she accused members of paying themselves more regardless of “whether their actual workload justifies the salary increase.”

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Crime Report: Indecent Exposure Arrests Along Columbia Pike

By ARLnow.com

Two Arlington men were arrested for separate indecent exposure incidents along Columbia Pike over the past week.

The first happened early Friday morning at the intersection of the Pike and S. Glebe Road, when a man allegedly approached a woman in her vehicle and exposed himself, according to this week’s Arlington County Police Department crime report.

The second happened Monday morning, when a drunk man was refused service at a business and subsequently exposed himself to an employee, police said.

Both men were charged with Indecent Exposure and Drunk in Public.

More from this week’s crime report:

INDECENT EXPOSURE, 2019-07190026, S. Glebe Road at Columbia Pike. At approximately 2:22 a.m. on July 19, police were dispatched to the report of an indecent exposure. Upon arrival, it was determined that the victim was in her vehicle at a traffic light when the unknown male suspect allegedly approached her vehicle and exposed himself. Arriving officers located the suspect nearby and he was taken into custody. David Nichols, 39, of Arlington, Va., was arrested and charged with Indecent Exposure, Drunk in Public and Failure to ID. He was held on no bond.

INDECENT EXPOSURE, 2019-07220261, 4800 block of Columbia Pike. At approximately 9:00 p.m. on July 22, police were dispatched to the report of an exposure. Upon arrival, it was determined that after the male suspect was refused service at a business due to his level of intoxication, he allegedly exposed his genitals and inappropriately touched himself, before attempting to approach an employee. The employee was able to push the suspect away and leave the business to call police. Arriving officers located the suspect and took him into custody. Josue Sierra Lopez, 31, of Arlington, Va., was arrested and charged with Indecent Exposure and Drunk in Public.

The rest of the crime report is below, after the jump.

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Morning Notes

By ARLnow.com

Local Brews for Crystal City Oktoberfest — “Oktoberfest is returning [to Crystal City] in 2019 with a new partner, local Arlington brewery New District Brewing. The second annual celebration, which will feature a selection of local beers, live entertainment, and a variety of food trucks and vendors serving traditional German fare, will take place on Saturday, September 28, 2019 from 1-4 p.m. at The Grounds, located at 12th and South Eads Street in Crystal City.” [Press Release]

D.C. Developments Now Touting Proximity to Arlington — The announcement of a large, new mixed-use development in the District touts its 750 market-rate residential rental units, 42,000 square feet of co-working space, and “great access to… emerging areas, including National Landing.” [Twitter]

Catholic Newspaper Reducing Publishing Frequency — The Arlington Catholic Herald will be moving from weekly to biweekly publication, as part of a series of changes that also includes expanding the number of households to which the paper is sent. [Arlington Catholic Herald]

Sewage Leak Along Spout Run — “Residents are advised to avoid a generally inaccessible portion of Spout Run due to a sanitary sewer main break east of the Spout Run Parkway-Lorcom Lane fork. County staff are on site establishing a bypass.” [Twitter]

Flickr pool photo by Erinn Shirley

Arlington Studying Zoning Changes to Encourage More Affordable Housing

By Airey

Arlington County’s zoning office is undertaking a study to find new ways to encourage affordable housing growth in the county.

The study aims to update the Housing Conservation District (HCD) report — a document which lays out measures to preserve units of affordable housing in several, specially-designated areas across the county.

Zoning staff are currently considering several new “zoning and financial incentives,” like:

  • Allowing developers to add more units to a building, or construct a second building on a property, if the developer reserves some units for affordable housing
  • Changing some zoning rules about setbacks or maximum building heights to make it easier to replace older affordable housing buildings
  • Adopting tax benefits for properties with affordable housing

The 12 areas in Arlington that form the HCD include Leeway Overlee, Glebewood, Waverly Hills, Spout Run/Lyon Village, North Highlands, Westover, Lyon Park, Penrose, Shirlington, and Long Branch Creek.

The original draft of the HCD in 2017 aimed to prevent developers from tearing down older homes in favor of new townhouses.

Earlier this year, the county announced a new “Housing Arlington” initiative to help the county meets its goal of creating 15,800 affordable units by 2040. At the time, staff noted lower-income residents face a housing squeeze given that the average rent for a two-bedroom apartment is $3,000, and Arlington lost 17,000 market-rate housing units since 2005.

The new study is expected to be completed by early 2020.

County staff are also currently undertaking a study about ways to make it easier to build new elder care facilities, such as allowing developers to build the facilities in more places around Arlington than currently permitted via zoning.

Image (top) via Arlington TV

Arlington Brothers Save Child from Drowning in Ireland

By Airey
1/2

A band of brothers from Arlington saved a five-year-old girl from drowning this week during a trip to Ireland.

On Monday, three brothers — Walter Butler (21), Eoghan Butler (18), Declan Butler (18) — were enjoying a rare sunny Dublin day at a beach with their brother-in-law Alex Thomson (24) when they heard someone crying for help. The group leaped into action after spotting a young girl on an pink inflatable floaty, who was being pulled away by the ocean current.

The group was able to rescue the girl and carry her back to safety, as first reported by Ireland’s Evening Herald.

The boys’ mother, Meagan Cummings, told ARLnow that her children were visiting Ireland to bury their grandfather, who was born there and emigrated to the United States years ago. But there was also something very special about the fateful day of the rescue.

“Their grandfather, when he lived in Ireland many years ago, got on a ship to join the United States Navy. When he was coming over there was a telegram waiting for him that said his younger brother had drowned,” said Cummings. “The anniversary of his brother drowning was Monday.”

Cummings said the drowning death had made her and her parents fearful of water. That was one the reasons she encouraged her six children to learn to be good swimmers. The three Butler boys swam with the Overlee swim team for several years, and Walter and his sister were also on the Washington-Lee High School swim team.

“Only for them my daughter wouldn’t be here today,” said the father of the six-year-old girl, in an interview with the Irish Times. The man said he was unable to reach her from the shore, and could only watch as the current dragged the girl away and led her to lose her grip on the floaty she was clinging to.

“You could see the brave little girl fighting for her life, her head bobbing under and breaking the surface, she clearly could not swim,” Walter told the newspaper. “She was doing everything she could to stay alive.”

Three of the brothers swam for twenty minutes — almost a mile in total — to reach the girl. They took turns carrying her as they made their way back to the shore. Eoghan told the Irish news site the Independent that the girl was a “nervous wreck” and they calmed her by asking about her birthday and her favorite color.

Walter currently serves in the United States Coast Guard as a Health Services Technician. His mother said he put his training to use, assembling a plan for his three brothers to swim the distance and retrieve the girl while he met them halfway, to save his strength in case he needed to administer first aid.

Alex, who is married to the brothers’ sister Juliana, told the Independent that he thought of his own growing family during the rescue.

“The main thing I was thinking about was we couldn’t lose that little girl,” he said. “I’m expecting a daughter in October, and was empathizing with the father’s fear.”

Authorities reported the girl was taken to the hospital after the rescue and was treated for non-life-threatening injuries. Her father confirmed on Tuesday she was recovering back at home.

“The way I feel about it they were given a chance to rise to their best. And they did,” said Cummings, the boys’ mother. “And that just made me feel so proud.”

Arlington Warms Up to New Streetlight Standards

By Vernon Miles

Arlington County’s streetlights are still cooler than the newly approved statewide levels, but they could be warming up.

The county is in the process of switching to the warmer, low-intensity Light Emitting Diode (LED) streetlights favored by dark sky enthusiasts and recommended by the American Medical Association. But those new lights could be years away for most of the county-owned stock.

The Kelvin color scale measures the appearance of light from 1,000 to 10,000 Kelvin (K), with lower temperatures creating a “warmer” orange or yellow light — similar to the older, sodium-vapor streetlights — and higher temperatures creating a “cooler” light in the white or slightly blue range.

Currently, 85 percent of Arlington’s 7,350 county-owned streetlights are LED operate at a cooler 5500K, which is similar to the color of moonlight, officials say. Arlington County will soon be releasing a new Streetlight Management Plan that will recommend a color temperature of 3000K for residential areas and 4000K for mixed-use areas, according to Katie O’Brien, spokeswoman for Arlington’s Department of Environmental Services.

The remaining older lights will be replaced at the end of their life cycle or whenever repairs or street improvements take place.

“This is applicable for streetlight installations moving forward,” said O’Brien. “This includes both new construction and replacements/upgrades. Current County-owned LED streetlights will be updated to new standards during regular maintenance or repairs.”

LED lights have a projected life cycle of 15 years or more, so the brighter and cooler lights kept in good condition could persist long after the standards are changed.

Virginia’s Commonwealth Board of Transportation voted last Wednesday to swap thousands of streetlights with warmer-colored LEDs. According to the legislation:

VDOT has ensured that the proposed LED Project has been designed to minimize lighting impacts to the environment and adjacent residents and property owners, including use of luminaires with a Correlated Color Temperature of 3000K where appropriate, while still providing proper illumination of the road in a way that best benefits road user safety and incident response.

Arlington is not the first locality to tone down its streetlight temperature levels. Chicago and nearby Takoma Park both lowered their streetlight levels to 3000K.

Dominion, which also operates thousands of streetlights in Arlington, is in the midst of its own LED conversion.

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