Fredericksburg City Council Special Session Canceled

Press release from the City of Fredericksburg:

Posted on: July 18, 2020

City Council special session canceled

Updated July 19, 2020 - The special session was canceled at the request of the City Attorney, who reported that the following laws pertain to targeted residential picketing:

The applicable sections of state law are Virginia Code sections 18.2-418 and 18.2-419.

Code of Virginia section 18.2-418 declares the policy of the Commonwealth of Virginia: “that the protection and preservation of the home is the keystone of democratic government, that the public health and welfare and the good order of the community require that members of the community enjoy in their homes a feeling of well-being, tranquility, and privacy . . . that the practice of picketing before or about residences and dwelling places causes emotional disturbance and distress to the occupants; that such practice has as its object the harassing of such occupants; and without resort to such practice, full opportunity exists, and . . . will continue to exist, for the exercise of freedom of speech and other constitutional rights . . .

Code of Virginia section 18.2-419 states: “any person who shall engage in picketing before or about the residence or dwelling place of any individual, or who shall assemble with another person or persons in a manner which disrupts or threatens to disrupt any individual’s right to tranquility in his home, shall be guilty of a Class 3 misdemeanor. Each day on which a violation of this section occurs shall constitute a separate offense.”

City Council accepted this report in lieu of a report at the planned special session, and determined that the special session was not necessary.

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July 17: 2020 - Fredericksburg City Council on Monday will hold a special session to discuss and respond to two incidents that occurred this week in residential sections of the City.

The session, which will be held electronically at 4 p.m. Monday, was prompted by two incidents that occurred Wednesday and Thursday evenings in Fredericksburg.

On Wednesday evening, a group of approximately 15 people picketed outside the home of City Manager Timothy Baroody. The group leader used a bullhorn to lead chants aimed or directed at the home. The City Manager and his children were not home at the time, but his wife was inside the house during this event. Members of City Council responded to the incident to try to calm the situation, but the protests continued. Fredericksburg police officers also responded to this incident.

The next afternoon, a group gathered outside the home of Fredericksburg Mayor Mary Katherine Greenlaw, again in a residential neighborhood, and targeted her home with its protest, again led by a person chanting slogans through a bullhorn. The Mayor was home on this occasion, and had been at home on two previous occasions when picketers targeted her residence for protest activities.

Protest activities that target a residence affect the person who lives there and family members, including children, as well as neighbors in their homes, and their children. The City has acted consistently throughout the period of protest that began on May 31 to support lawful expressive activities, with police protection for these activities. The City Council has adopted resolutions in support of calls for racial equality, and a response plan that directs specific actions to be taken in support of the nationwide call to address racial inequality. But targeting individual residences for protest activities crosses a well-established line as to the “place and manner” for lawful expressive activities.

“The Fredericksburg City Council works diligently to address all concerns of all citizens,” said Vice Mayor Charlie “Chuck” Frye Jr. “While respecting everyone’s freedom of speech, we also will endeavor to preserve peace at the safe haven that we each call our home. The Council has a proven record of working through tough issues with dialogue and actions as we strive to make our City a place we can all be proud to call home.”

Black Lives Matter Fredericksburg, which was not involved with either incident this week, issued the following statement condemning the incidents:

“Black Lives Matter Fredericksburg will continue to serve as the visionary for fighting injustices in the Fredericksburg area. BLMFXBG supports the Mayor and City Council members of the City of Fredericksburg. We hold meaningful marches on the first Saturday of the month, so people can attend a peaceful protest and have their voices heard. BLMFXBG is curating several educational events for the community as well as events to help small businesses. Black Lives Matter Fredericksburg does not engage in unlawful behavior as it takes away from the message and it creates a miscued representation.”

City Council has asked Fredericksburg City Attorney Kathleen Dooley to offer advice on how best to respond. Dooley will provide this advice at Monday’s meeting.

This press release was produced by the City of Fredericksburg. The views expressed here are the author’s own.