Yesterday, Judge Robert Downer sentenced a community member to ten days in jail for disorderly conduct. He suspended the sentence on the condition of one year of good behavior. Two other community members, charged with obstruction of justice, had their cases continued to December 8th. The defendants were offered pleas that included suspended jail sentences, which they declined.
Solidarity Cville denounces the sentence, as well as the decision to prosecute the other two cases.
Police arrested and violently removed these activists from the Charlottesville City Council meeting on August 21st. Community members gathered to voice their frustration while city councilors attempted to sidestep responsibility for the violence of August 12th. Mayor Mike Signer then violated Robert’s Rules of Order by ordering the removal of a community member who spoke out (a fourth citizen, not on trial). The community rose up against Signer’s suppression of dissent, which led to the three arrests. The City has blacked out the 40 minutes of video that show what happened after the arrests. The rest of the meeting is available here.
At yesterday’s trial, Commonwealth’s Attorney Dave Chapman argued for the suspended jail sentence to make sure that the defendant does not “do it again.” Judge Downer agreed, saying that “free speech has its limits.” Judge Downer said the person’s arrest was justified because police felt she was disorderly and disruptive, even though no one had called for her removal, and the meeting had been suspended by Signer. Meanwhile, hundreds of police stood by and watched the violent events of August 11th and 12th without intervening or making arrests. Apparently speaking out of turn at a public meeting exceeds the limits of free speech, but planning and carrying out a violent white supremacist occupation of Charlottesville on August 12th does not.
Furthermore, Charlottesville public officials sanctioned the violent events of August 11th and 12th, refusing to revoke the Unite the Right rally permit — on the grounds of free speech. But for long-time local activists who dare speak out in a public forum, "free speech has its limits." Free speech rights protected white supremacists, but evidently do not apply to those who voice their dissent or act in resistance of white supremacy.
We are deeply troubled by Chapman and Downer’s use of a suspended jail sentence to discourage dissent in the face of white supremacy. It is an attempt to censor a long-time community activist, as well as intimidate others from speaking out. Charlottesville’s anti-racist community will not be intimidated by today’s sentencing. Nothing will stop our resistance.
We denounce especially Signer’s role in the arrests. In January, Signer declared Charlottesville a “capital of the resistance.” Signer said this for political gain, but his actions have hurt the people who resist white supremacy. Today’s verdict shows that Charlottesville’s mayor, City Council, police force, and commonwealth’s attorney’s office continue to criminalize resistance. Today’s sentence demonstrates that Charlottesville’s leaders are willing to throw people in jail for dissent. Signer must take responsibility for the sentencing of anti-racist activists.
Today’s sentence is the latest example of the city’s persecution of anti-racist activists. The Charlottesville Police Department made a public call to identify counter-protesters present on August 12th. In contrast, it took a national social media campaign for the commonwealth’s attorney’s office to bring charges against the white supremacists who viciously beat a Charlottesville community member and fired a handgun at another.
Charlottesville public officials sanctioned the violent events of August 11th and 12th, refusing to revoke the Unite the Right rally permit — on the grounds of free speech. But for long-time local activists who dare speak out in a public forum,
"free speech has its limits."
Meanwhile, the suppression of the anti-racist community continues. A Charlottesville activist will go to trial on November 20th for confronting Jason Kessler, the organizer of the Unite the Right rally on August 12. She will also be tried this month for confronting a Confederate-flag-waving white supremacist in front of the Lee statue in Emancipation Park on May 21st. She faces possible jail time.
We, as Charlottesville activists, don’t believe that Mike Signer and the rest of the city’s Democratic political leaders will join the growing resistance to white supremacy in this city. We call on Signer, Dave Chapman, and Judge Downer to stop defending white supremacy by sentencing community members to jail. If you won’t join us, get out of the way and let us do the work.