court

Arlington implementing new program to divert youth from criminal justice system

By Jo DeVoe

Arlington County has created a new youth program aimed at diverting young people who commit crimes from the criminal justice system.

The program, called “Heart of Safety,” is the first county program established to find alternatives to prosecution in certain misdemeanor and felony cases committed by juveniles and young adults, according to a press release from the Office of the Commonwealth’s Attorney.

Parisa Dehghani-Tafti, the top prosecutor for Arlington and the City of Falls Church, announced today (Tuesday) that she signed a Memorandum of Understanding with Arlington Juvenile and Domestic Relations Court Services Unit and a county initiative called Restorative Arlington to found Heart of Safety.

Restorative Arlington began in 2020 to introduce to the public schools system, legal system and community new ways of holding people accountable for their crimes without putting them through the court process.

The founders of Heart of Safety say it will give victims a say in what they need to feel that justice has been served, while holding those who committed the crime accountable and reducing future crimes in the long run.

“Heart of Safety is about survivors’ rights, youth rehabilitation, and crime prevention; for survivors, it’s the peace of mind of taking charge of their recovery; for young people, it’s a second chance to make right what they did wrong; and for the community, it’s an investment in crime prevention,” said Dehghani-Tafti, who campaigned on a justice reform platform in 2019.

People who commit crimes and victims can volunteer to resolve their case through a conferencing process. Either the victim or the person who committed the crime must be 26 or younger when the incident took place to participate.

Cases have to be identified and deemed appropriate for the conferencing process, which is overseen by a trained facilitator. This person talks with both parties to listen to their experiences, understand what they need and determine if they should meet. If so, the facilitator brings the participants together to draft a restoration plan and follows up with them later to ensure they completed the plan and are satisfied with the outcome.

If this process doesn’t resolve the case, the Commonwealth’s Attorney can open a prosecution case.

“Heart of Safety embodies the priorities and interests of our community and is in full alignment with best practices in restorative justice diversion,” Restorative Arlington Executive Director Kimiko Lighty said. “We are grateful to be able to offer this long-awaited option for people who have been harmed in our community.”

Restorative Arlington worked with volunteers — victims of crimes, formerly incarcerated persons, teens and young adults — over the course of two years to establish Heart of Safety, according to the county.

Leaders of Restorative Arlington, meanwhile, are working with Arlington Public Schools to draft an agreement that would allow schools to refer students directly to Heart of Safety. The county says this will allow schools to hold students accountable for wrongdoing while keeping them out of the criminal justice system.

“Restorative Arlington’s Heart of Safety program will provide a great new option for diverting some youth from the traditional court process,” said Earl Conklin, Juvenile and Domestic Relations Court Services Unit Director. “It is an alternative model that has proven successful for both the youth and those who have been harmed.”

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Court grants school boards’ request, mask mandates can temporarily continue

By Matt Blitz
A discarded medical mask in the parking lot of the Shirlington Harris Teeter (staff photo by Jay Westcott)

(updated at 5:30 p.m.) In a win for a number of local school boards, the Arlington County Circuit Court has issued a temporary injunction preventing Virginia Gov. Glenn Youngkin from banning mask mandates in schools.

The ruling came late Friday afternoon, after an emergency hearing that was held on Wednesday (Feb. 2).

As was discussed in the courtroom, the final ruling will come down to if Gov. Glenn Youngkin, even with emergency powers, has the ability to override local school boards’ decisions given to them in Senate Bill 1303. The court ruled today that the argument has merit so issued a temporary injunction allowing schools to continue their policies.

In response, Arlington County Public Schools issued a statement on behalf of all the involved school boards. It reads in part:

“The School Boards of Alexandria City, Arlington County, City of Richmond, Fairfax County, Falls Church City, Hampton City and Prince William County are pleased with the temporary injunction granted today by the Arlington Circuit Court. The order allows schools to continue to protect the health and well being of all students and staff. While the legal process on this matter continues, today’s ruling preserves the existing policies and practices in Virginia school divisions, which includes masking requirements.”

On Jan. 15, the day after his inauguration, Youngkin issued an executive order banning mask mandates in Virginia schools. Days later, he was sued by seven state school boards including by those in Arlington, the City of Alexandria and Fairfax County.

The lawsuit claims that the executive order is in violation of the Virginia Constitution that gives individual school boards the authority to supervise public schools. The suit also alleges that the order violates Senate Bill 1303, signed into law last March, that requires schools to offer for in-person learning while following CDC guidance and applying “any currently applicable mitigation strategies” to reduce the transmission of Covid.

“Without today’s action, school boards are placed in a legally untenable position — faced with an executive order that is in conflict with the constitution and state law,” the Arlington Public Schools press release said about bringing the lawsuit. “Today’s action is not politically motivated. These seven school divisions would welcome the opportunity to collaborate with the governor to ensure the safety and welfare of all students.”

Another hearing will be set in regards to a permanent injunction.

 

The full APS statement is below.

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Arlington School Board sues to challenge Youngkin’s mask order

By Brandi Bottalico

(updated at 3:35 p.m.) The Arlington School Board is suing to stop Gov. Glenn Youngkin’s executive order that doesn’t allow school systems to require students to wear masks.

The lawsuit filed this morning (Monday) challenges the order issued by Youngkin on Jan. 15, his first day in office. Arlington joined school boards from Fairfax County, Alexandria City, Falls Church City, Hampton City, Prince William County and the City of Richmond in the suit.

The order states parents should be able to “elect for their children not to be subject to any mask mandate in effect at the child’s school or educational program.”

The order was supposed to take effect today but school districts across the state, including Arlington, already made decisions at the local level to go against the order and keep a mask requirement in place as part of a strategy to reduce the spread of Covid and maintain in-person instruction.

The lawsuit challenges the constitutionality of the executive order, and defends the right of school boards to enact policy at the local level. The lawsuit also claims the executive order goes against Senate Bill 1303, which was adopted in the General Assembly’s 2021 special session. The law states school boards should follow the Centers for Disease Control and Prevention’s health and safety requirements.

“Everyone in our community plays a role in keeping schools open and safe for students through consistent mask wearing and other mitigation measures,” APS Superintendent Fransisco Durán wrote in an email to families. “Our shared goal remains to make sure every student continues to access in-person learning five days per week. We look forward to the opportunity to ease these requirements in APS once public health guidance indicates it is safe to do so.”

APS spokesman Frank Bellavia said the schools continue to follow the same guidelines in place since the beginning of the school year.

“If a student is not wearing a mask, our schools are advised to speak to the student and provide them a mask to wear,” he said.

He said the vast majority of APS families support and adhere to the health and safety guidelines and when students arrived at school Monday, there were “very few incidents.”

The Arlington School Board put out a statement as well, stating it “stands together with participating school boards across the Commonwealth to defend our constitutional right to set policies and supervise our local schools. We continue to make decisions that allow us to keep schools open and safe for in-person learning, in accordance with Virginia law SB 1303 and the CDC’s guidance regarding the use of universal masks and other layered prevention strategies.”

Over the last seven days, 467 students and 98 staff members were positive for Covid, according to the school system’s COVID-19 dashboard.

The full press release from Arlington Public Schools is below.

Today, the Schools Boards of Alexandria City, Arlington County, City of Richmond, Fairfax County, Falls Church City, Hampton City and Prince William County, filed a lawsuit to challenge the constitutionality of Executive Order 2 issued by the governor on January 15, 2022. The legal action, representing over 350,000 students across the state, defends the right of school boards to enact policy at the local level, including policies that protect the health and well-being of all students and staff.

This legal action centers on fundamental questions about the framework of public education in Virginia, as set out in the Virginia Constitution and by the General Assembly. At issue is whether locally elected school boards have the exclusive authority and responsibility conferred upon them by Article VIII, § 7 of the Constitution of Virginia over supervision of the public schools in their respective communities, or whether an executive order can unilaterally override that constitutional authority.

Also at issue is whether a governor can, through executive order, without legislative action by the Virginia General Assembly, reverse a lawfully-adopted statute. In this case, Senate Bill 1303, adopted with the goal of returning students to safe in-person instruction five days a week in March 2021 and still legally in effect, provides that local school boards should follow The Centers for Disease Control and Prevention (CDC) health and safety requirements.

Without today’s action, school boards are placed in a legally untenable position — faced with an executive order that is in conflict with the constitution and state law. Today’s action is not politically motivated. These seven school divisions would welcome the opportunity to collaborate with the governor to ensure the safety and welfare of all students.

This lawsuit is not brought out of choice, but out of necessity.

With COVID-19 transmission rates high, our hospitals at crisis level, and the continued recommendation of health experts to retain universal mask-wearing for the time being, this is simply not the time to remove this critical component of layered health and safety mitigation strategies. School divisions need to continue to preserve their authority to protect and serve all our students, including our most vulnerable, who need these mitigation measures perhaps more than anyone to be able to continue to access in-person instruction.

Advanced Towing owner feels ‘vindicated’ after Virginia AG lawsuit ruling

By Matt Blitz

Advanced Towing’s legal troubles are not over yet, but owner John O’Neill is feeling good.

Even with the Virginia Attorney General’s office now seeking attorney fees from Advanced, in addition to the mere $750 fine imposed by an Arlington judge, O’Neill feels “vindicated” and calls the AG’s case against him “blackmail.”

On Friday morning, both sides appeared at Arlington Circuit Court in front of Judge William Newman to enter a final order in the AG’s suit. However, since the court didn’t initially rule on the payment of attorney’s fees, a final order couldn’t be agreed on due to the AG’s office insistence that it’s still owed additional money.

As expected, the defense didn’t agree, so the case will continue with another hearing. That’s likely to come in April, when Republican Jason Miyares succeeds Democrat Mark Herring as the state attorney general.

While it’s unclear at this time how much those attorney’s fees may be, O’Neill tells ARLnow he isn’t worried about it.

“Come January, there’ll be a new AG in charge who believes this case is overbearing. I’ve talked to him,” O’Neill says. “I’m very comfortable that this will not be [sought].”

It was a month ago that the court ruled for the towing company to pay a civil fine of $750 for five separate violations of trespass towing rules. Herring’s office brought the case alleging the Advanced often improperly and unsafely tows vehicles, calling the company’s practices “frequently predatory, aggressive, overreaching and illegal.”

The three-digit fine is not the outcome the now-outgoing Attorney General was seeking.

“I am disappointed that the Court only awarded $750 in civil penalties and did not award restitution to consumers, especially the victims of Advanced’s dangerous towing practices who voluntarily testified in court to tell their story,” the outgoing Herring wrote in a statement to ARLnow last month. “Advanced Towing has employed predatory and illegal towing practices for years, costing Virginia consumers hundreds, if not thousands of dollars, and it deserves to be held accountable for its actions.”

But to O’Neill, the court’s decision was proof that his company operates legally, despite public perception to the contrary.

“I was right along. I was vindicated,” he says. “I always had authority to tow and we never made a mistake. People who got their tow parked illegally and we worked in accordance with the law.”

He calls the $650,000 sought by the AG’s Office “blackmail money” and says the whole case was a “witch hunt.”

In a conversation with ARLnow, O’Neill also took shots at the Assistant Attorney General who prosecuted the case.

“She wanted to make my life hell,” he said. “We spent the next year and a half with paperwork up our ass.”

When asked if there were lessons learned from the experience, O’Neill says that just because the government says you are guilty of something, doesn’t mean that you are.

“I didn’t accept the blackmail attempts. This was David vs. Goliath,” said O’Neill, adding that he’s still working to pay the bill for his legal defense, helmed by attorney and sitting state Sen. Chap Petersen (D-Fairfax).

“We didn’t have the means to fight this case, but I protected my business and the rights of private property owners across the Commonwealth,” he said.

In terms of the violations for which the court found Advanced Towing liable — including drivers not securing safety straps on vehicles — O’Neill was dismissive and noted that this was primarily the driver’s responsibility.

Saying he “went through hell” with the trial, O’Neill believes Advanced Towing’s victory is a triumph for the entire towing industry.

“Private property owner rights were at stake,” he said. “If [the AG’s office] had won, towing companies would have been hesitant to tow cars… The entire industry is rejoicing. Now, they feel protected.”

JUST IN: Advanced Towing ordered to pay only $750 in Attorney General’s lawsuit

By Matt Blitz
Advanced Towing truck in Clarendon

(Updated, 10:35 p.m.) The Arlington Circuit Court finally came to a decision in Virginia Attorney General Mark Herring’s lawsuit against Advanced Towing after last month’s multi-day trial.

The court has ordered the towing company, whose tactics have angered many in Arlington, to pay a civil penalty of just $750 for five separate violations. That’s a far cry from the $650,900 that the Attorney General’s office was seeking at trial.

“Although the Defendant’s conduct is sanctionable, the Court is constrained by the remedies available in both the Virginia and Arlington County Code,” wrote Judge William Newman in an opinion letter sent to both sides late Wednesday afternoon.

Additionally, the court did not issue an injunction against the towing company, writing that while there were “deficiencies” in Advanced Towing’s business practices and record keeping, the court “does not find evidence to issue a permanent injunction against Defendant.”

Chap Petersen, Advanced Towing’s attorney — as well as a Virginia state Senator — said at trial that he believed “the office of the Attorney General wants to put my client out of business.” He said the ruling largely vindicates the company and owner John O’Neill.

“While disappointed that the Court made any findings against our client, we feel vindicated in that the Court only assessed a $750 fine for the [five] found violations,” writes Petersen in a statement to ARLnow.

The court assessed one $150 civil penalty for not safely securing consumer vehicles with straps, one $150 civil penalty for not updating contract changes for a commercial parking lot in Ballston, and three $150 civil penalties for employing three drivers that were not registered with the Virginia Department of Criminal Justice Services (DCJS).

During the trial, the AG’s office, represented by Assistant Attorney General Erin Witte, called Advanced Towing’s practices “predatory, illegal, and dangerous.” To prove this, they called up a parade of witnesses, including Arlington County police officers and drivers who had their cars towed.

The court found merit in only some of the Attorney General’s claims.

The AG’s office argued that Advanced Towing didn’t clearly mark parking spaces at the Ballston lot, near Gold’s Gym on Wilson Blvd, leaving consumers confused. However, the court ruled the spots were properly labeled and signs properly posted and, therefore, didn’t assess a civil penalty.

Additionally, the AG’s office claimed that Advanced Towing didn’t have copies of towing contracts available for public inspection. But the court ruled that the relevant contracts were available to the public and, also, didn’t assess a civil penalty for that.

“Advanced Towing has been found to have violated the law and it’s time for the company to clean up its act. I am disappointed that the Court only awarded $750 in civil penalties and did not award restitution to consumers, especially the victims of Advanced’s dangerous towing practices who voluntarily testified in court to tell their story,” Virginia Attorney General Mark Herring wrote in a statement to ARLnow. “Advanced Towing has employed predatory and illegal towing practices for years, costing Virginia consumers hundreds, if not thousands of dollars, and it deserves to be held accountable for its actions. I am proud of the hard work my Consumer Protection Section has done on this case, and we will not stop going after bad actors who prey on Virginians just trying to go about their daily lives.”

Petersen noted that, before the trial, the Attorney General’s office offered to settle the case over the summer for $780,000 and an injunction against certain practices by the company.

“I think the difference between the AG’s offer and the Court’s decision speaks for itself,” he said.

While it remains possible that the Attorney General could appeal the ruling, Herring lost his bid for a third term last week, putting further action in the case into question.

A final decree is scheduled to be presented to both sides in court on December 10.

Decision expected within two weeks on Va. Attorney General lawsuit against Advanced Towing

By Matt Blitz
Advanced Towing truck in Clarendon

A decision is expected in Virginia Attorney General Mark Herring’s lawsuit against Advanced Towing within the next two weeks, a judge said after the trial’s closing arguments Wednesday.

The AG’s office is seeking $650,900 in restitution and civil penalties from Advanced Towing, as well as an injunction. The defense is asking for the case to be dismissed.

Arlington County Circuit Court Chief Judge William T. Newman is presiding over the case, which pits the Commonwealth against a widely-loathed but also widely-used, Ballston-based company that tows vehicles that are considered to be trespassing on private property.

Word of the pending ruling comes after three days of arguments, with the trial starting earlier this month and concluding this week. Wednesday’s closing arguments took just over an hour combined and were intended to crystalize their positions for the judge.

The AG’s office, represented by Assistant Attorney General Erin Witte, reiterated that Advanced Towing practices were “predatory, illegal, and dangerous” while focusing on three main arguments.

First, the employment of unregistered drivers. The AG’s office alleged that more than 10,000 tows, pulled from company records, were made over the last several years by not up-to-date or unregistered tow truck drivers. All drivers are required to be registered with the Virginia Department of Criminal Justice Services (DCJS).

While Virginia code puts the onus on individual drivers to be registered, it also states that no tow truck operators should “violate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or delivery of towing and recovery services.”

Witte argued that Advanced Towing ran afoul of this provision by allowing drivers to tow without registration, no matter their intent. There’s also no company policy to have those registrations on file.

Then, the focus shifted to alleged unsafe towing conduct with the AG’s office citing consumer, resident, and police officer testimony of spotting (and ticketing) drivers not applying safety straps when towing. Witte also noted the “unprofessional” interactions some customers had, including testimony from one man who had his car lifted at the tow yard while he was in it.

Finally, Witte spoke about the legality of the contract and towing being done at a specific shopping center parking lot, along Wilson Blvd near Ballston. The contract wasn’t kept up to date with specifics about when Advanced Towing could tow and when, the assistant AG said. The contract also wasn’t made easily available to the public, as county code stipulates, and a revised contract was once backdated before it was provided to a customer upon their request.

Additionally, the markings on individual parking spaces were unclear, particularly night, leaving customers confused, the Commonwealth argued.

​​In conclusion, Witte said the AG’s office is seeking restitution and civil penalties to “send a message to the defense.”

“[Advanced Towing] tows as many cars as fast as possible,” Witte said. “And acted without regard for the law or safety… we need to hold the defense accountable.”

In his closing arguments, Advanced Towing’s attorney, Chap Petersen — who’s also a state senator — defended his client from these allegations.

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At Trial, Va. Attorney General Calls Advanced Towing Actions “Predatory” and “Illegal”

By Matt Blitz

Virginia Attorney General Mark Herring’s lawsuit against Advance Towing, long accused by many of predatory towing, finally went to trial this week.

During two days of arguments, the AG’s office honed in on the towing company for what they considered to to be unsafe towing practices, overstepping their authority, and allowing unregistered drivers to tow.

Saying that both the county and consumers don’t have much recourse on these matters, Assistant Attorney General Erin Witte made the point that the responsibility was on the Commonwealth to hold Advanced Towing accountable.

“If we don’t do it, it won’t happen,” she said during her opening arguments and speaking to Chief Judge William Newman.

The AG’s office is seeking an injunction to end Advanced Towing’s “illegal practices,” restitution for consumers, plus civil penalties, and attorney’s costs and fees.

While the case was initially supposed to be wrapped up within two days, Judge Newman ruled to allow it to extend to a third day for closing arguments on Oct. 20. A decision by the judge is expected shortly after that.

It was back in June 2020 when the Commonwealth of Virginia filed a lawsuit against Advanced Towing for conduct the state deemed to be “frequently predatory, aggressive, overreaching and illegal.” However, it took 16 months of motions, requests for information, and withdrawn trial dates to get to this point.

It’s undisputed that Advanced Towing’s tactics have angered scores of drivers, unhappy with being towed, including former ESPN reporter Britt McHenry, Amazon delivery drivers, and others. One person has even set up and, for years, maintained a website dedicated to exposing alleged wrongdoing by Advanced, after his Jeep was reportedly damaged while being towed in 2016.

Advanced has argued repeatedly that it is providing a necessary service by towing vehicles that are trespassing on private parking lots. But those being towed nonetheless frequently vent frustration, often prompting calls to police over disputes at the Advanced lot in Ballston.

Sometimes it goes further. In January 2020, an Uber driver trying to drive out of the lot without paying struck owner John O’Neill at the company’s lot. During his testimony during this trial, O’Neill referred to this as his “accident” and said it has caused him severe medical issues.

The company’s attorney Chap Petersen, who is also a Virginia state Senator, acknowledged that there are a lot of people who are pretty upset with his client.

“This lawsuit isn’t about much. There were 40,000 tows in Arlington [since 2017]. That’s a lot of unhappy people, sure.” said Petersen. “But [those tows] weren’t illegal.”

But the question before the court is whether the actions of Advanced Towing are actually illegal despite the company’s assertions to the contrary.

The days-long trial examined a number of alleged bad practices of Advanced Towing, including towing of police vehicles, towing without proper authority, not properly securing vehicles while towing, the safety and professionalism of Advanced Towing employees, if contracts with property owners were properly signed and up to date, the registration status of drivers, and whether towing signage and markings were clear enough for consumers.

To make their case, the AG’s office brought a parade of witnesses to the stand. Among them were several Arlington County police officers, Advanced Towing employees, and people who have had their cars towed.

The police officers testified they had written a number of tickets over the last several years to Advanced Towing, related to improper towing due to safety straps not being applied and not securing the load properly.

Consumers spoke at length about their experiences being towed. One witness recounted having her car towed from her own co-op residence parking lot.

Although she eventually got her car back without paying a fee, she recounted how much time and stress it caused her.

“I was devastated,” she said on the witness stand.

Several witnesses spoke about the “unprofessional” interactions they had with Advanced Towing employees, including one woman who said she was aggressively accosted at the company’s tow yard, which made her feel unsafe.

While the company operates throughout Arlington County as well as in parts of Fairfax County, a lot of time was spent on their towing authority and practices related to a Wilson Blvd parking lot near Ballston that’s used by Gold’s Gym, &Pizza, and bicycle store Spokes Etc.

Local residents on the witness stand (some appearing virtually) recounted their times of running into one of these businesses, only to have their vehicles towed within minutes.

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Morning Notes

By ARLnow.com

Charges Dropped Against TikToker — Charges of violating an emergency protective order were dropped earlier this week against Coco Briscoe, the local TikTok personality whose accusations against a pair of local bars and their employees went viral on the video app. A judge previously ended the order, which Briscoe was accused of violating, citing a lack of physical threats. In the comments of one of her videos this week, Briscoe threatened to sue ARLnow for defamation for our coverage of her case. [Twitter, TikTok]

Buyer for Ballston Health Tech Company? — “Evolent Health Inc. saw its share price shoot up Wednesday after Bloomberg reported Walgreens Boots Alliance Inc., the Illinois holding company that owns pharmacy chain Walgreens, is considering a purchase of the Arlington health system consultancy.” [Washington Business Journal]

Grand Opening for Fire Station No. 10 — “This morning we held our grand opening ceremony for new fire station 10 in @RosslynVA. This fire station provides modern accommodations for our firefighters and allows us to serve our community for decades to come. We are grateful to all who came out to share in this special day.” [Twitter, Patch]

Grant for Local Senior Program — “The Arlington Neighborhood Villages program has received a $30,000 grant from the Community Care Corps to support its mission to help older adults in Arlington age in place while staying connected with the community. The funding will assist the social-safety-net organization in partnering with Culpepper Garden and the Arlington Partnership for Affordable Housing to bring services to residents of their apartment communities.” [Sun Gazette]

How Local Nonprofits Faced the Pandemic — “The new report, Safety Net Arlington: rising together to meet historic needs for our community, is told through the voices of the 21 nonprofit leaders in Safety Net Arlington and through the lens of how they worked collaboratively with each other and the County to face unprecedented levels of need through the first 18 months of the pandemic and the economic and racial justice crises.” [Arlington Community Foundation]

New Gym Open in Bailey’s Xroads — “Gold’s Gym is now open at 5718 Columbia Pike in Bailey’s Crossroads. There will be a grand opening on Oct. 9, noon-1 p.m., with a ribbon-cutting, food, membership deals, free classes, and prizes for members, including those who sign up on that day. The gym has relocated from its former location on Carlin Springs Road to the former HHGregg store.” [Annandale Blog]

Columbia Pike Bar Seeks to Move on from TikTok Controversy

By ARLnow.com

Update on 9/30/21: Charges against Briscoe were dropped earlier this week.

Earlier: Celtic House Irish Pub on Columbia Pike says it “does not wish to embroil itself” in the ongoing saga involving a local TikTok personality.

The bar released a statement on its social media channels yesterday, in response to allegations traded between TikToker Coco Briscoe, who attracted a sizable following with her videos about dating in the D.C. area, and a bartender the business now calls “a former employee.”

While the statement suggests that the bartender who Briscoe accuses of harassing her is no longer employed by Celtic House, it does not specify the circumstances around her departure. The bartender previously testified in court, during a hearing about an emergency protective order she obtained against Briscoe, about being “terrified” of the social media personality and her devoted followers.

“I’m afraid to be in my house. I’m afraid to be in this courtroom with her,” the bartender testified. “I just want to be left alone and don’t want attention.”

The judge allowed the protective order to expire, suggesting that it should not have been issued by a county magistrate in the first place due to a lack of evidence of legitimate physical threats, but Briscoe is still facing a misdemeanor charge for allegedly violating it by continuing to post about the situation on TikTok. She is next due in Arlington General District Court in two weeks, on Sept. 23.

Briscoe says the bartender is among a group of people, including employees of two Columbia Pike bars, who “bully, stalk and harass” her, making her feel unsafe in her neighborhood.

The Celtic House statement references at least some of Briscoe’s specific claims, which she has repeated in many of her dozens of TikTok posts over the past month — namely that video taken of Briscoe riding her bike near one of the bars, along with derogatory comments about her, were shared in a group chat.

“It would be improper to further comment… or to engage persons who have attacked the Celtic House, or the reputation of its owners and staff,” the statement says, before adding: “To be clear, the Celtic House does not condone the filming of any patron by employees, nor the public dissemination of pictures or comments on the actions of its patrons, except where such matters are required by, or, in furtherance of some interest of law enforcement or required as part of a civil or investigative action.”

The bartender in turn testified in court that it is Briscoe who has been the aggressor, weaponizing her following to harass her and others via hundreds of phone calls, social media messages and online reviews. The video sent to the group chat, which Briscoe subsequently obtained, was intended as a warning to local restaurant employees about an erratic customer, the bartender said.

Briscoe, meanwhile, has continued to rail against the two bars — Celtic House and Rebellion on the Pike — and their employees in videos posted since her last court appearance. She has also levied various accusations against the Arlington County Police Department, ARLnow, the Washington Post, and online review site Yelp.

Celtic House, in its statement, asserted that its business has been unfairly targeted. The bar “does not tolerate, nor wish to participate in on-line posturing or bullying,” it said.

Celtic House’s owner has not responded to emailed requests for further comment.

A statement issued by Rebellion on the Pike last month insisted that the accusations against it were an “attempt to smear our business [that] has zero evidence and truth to it.”

The full statement from Celtic House is below.

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Arlington Election Official Facing Corruption Charge

By ARLnow.com

A now-former Arlington elections official is facing charges after police say she improperly removed someone from the voter roll.

Tyra Baker turned herself in on August 26, according to Arlington County police, after arrest warrants were issued in connection to an incident last fall involving Baker’s service in the elections office. She was released on bond but is due to be arraigned in court today (Thursday) on charges of voter intimidation, a misdemeanor, and election official corrupt conduct, a felony, according to court records.

A person with knowledge of the situation, who wished to remain anonymous, tells ARLnow that it started with a dispute over money at Baker’s family-run funeral home in Green Valley.

Baker managed the Chinn Baker Funeral Service on S. Shirlington Road, which was owned by her father until his death in 2018. Family members accused Baker of financial impropriety, leading to a physical confrontation last summer, the person said.

Baker was arrested after that alleged incident and charged with assault.

“At approximately 3:10 p.m. on June 27, 2020, police were dispatched to the 2600 block of Shirlington Road for the report of a domestic dispute,” said Arlington County Police Department spokeswoman Kirby Clark. “Tyra Baker, 51, of Arlington, Va., was arrested and charged with Domestic Assault and Battery. As the incident was domestic in nature, further details are protected under Virginia Code.”

Baker pleaded not guilty to the assault charge in Arlington General District Court. Her next court appearance in that case is set for May 2022, according to court records.

At the time of her arrest, Baker was still a part-time worker in the Arlington elections office.

Baker “worked as a seasonal Assistant Registrar since 2008,” Arlington Director of Elections Gretchen Reinemeyer said via a county spokeswoman, adding that she has also “served for several decades as an election officer on Election Day.”

The person familiar with the situation said the individual Baker is accused of subsequently removing from the voter roll was the assault victim. Police declined to confirm that, citing the need to “best protect the identity of the victim in each case.” The person removed from the roll only became aware of it after trying to vote in the pivotal fall 2020 general election.

“In October 2020, the victim attempted to vote in Arlington County, but was informed she was previously removed from the voter roll and unable to cast a ballot,” Clark tells ARLnow. “The victim subsequently filed an official complaint with the Arlington County Office of Elections. In December 2020, the Arlington County Police Department was contacted by Special Prosecutor Tony Kostelecky of the Prince William County Commonwealth Attorney’s Office regarding the case and began to investigate.”

“Follow-up investigation by detectives determined that the suspect was working as an Assistant Registrar in the Arlington County Office of Elections when she removed the known victim from the voter roll without proper authorization and without completing adequate documentation,” Clark continued. “Warrants were obtained for Tyra Baker, 51, of Arlington, Va., for § 24.2-607 Prohibited conduct; intimidation of voters; disturbance of election; how prevented; penalties and § 24.2-1001 Willful neglect or corrupt conduct. Baker turned herself in at the Office of the Magistrate on August 26, 2021, where she was served the warrants, and subsequently released on an unsecured bond.”

Reinemeyer described the incident as “isolated” but declined to provide specific information about the allegation. Generally, she said, voters who cannot cast a standard ballot at the polls are allowed to cast a provisional ballot pending further investigation.

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Morning Notes

By ARLnow.com

Order in Briscoe Case Likely Unconstitutional — “A judge dismissed the protective order Wednesday, and two legal experts said such blanket bans on speech violate the U.S. Constitution. Yet [local TikTok personality Coco] Briscoe, who has filed her own police report, could still be guilty of a misdemeanor, in a case that shows how social media disputes can run out of control and into the First Amendment.” [Washington Post]

County Recruiting for New Mental Health Group — “Arlington County is seeking community members to join a stakeholder group that will help Arlington County Government implement the requirements of Virginia’s new Marcus-David Peters Act. The Act, which was signed into law in late 2020 by Governor Ralph Northam, will create a statewide mental health alert system, also known as Marcus Alert, to ensure behavioral health experts are involved in responding to people in crisis.” [Arlington County]

Amazon Touts Va. Investments — “Out of Amazon’s total dollars dedicated to infrastructure and compensation in Virginia, Northern Virginia has collected the vast majority — almost 84% — a tally of $28.5 billion from 2010 to 2020, company spokeswoman Emily Hawkins said… Amazon’s most recent tally of hiring for its Arlington second headquarters is 1,600 corporate employees, Hawkins said — an early step toward the company’s plans to hire at least 25,000 total by 2030.” [Washington Business Journal]

Recognition for County Code Enforcers — “The Arlington County Code Enforcement Section of the Inspection Services Division (ISD) is the first property maintenance enforcement agency in Virginia to obtain accreditation from the International Accreditation Services (IAS).” [Arlington County]

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