(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.”
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.
Arlington law enforcement officials are launching a program to help people with addictions get help without jail time.
“Operation Safe Station” allows the Office of the Magistrate to waive charges on people with an addiction who turn themselves and their drugs in, and ask for help.
“Forgoing a prosecution and connecting individuals to treatment professionals is a first step in fighting this pernicious epidemic,” said Commonwealth’s Attorney Theo Stamos in a statement Tuesday.
The program is the latest effort combatting the opioid crisis after the county saw a 245 percent increase in patients seeking treatment for opioid addiction between 2015 and 2017.
Operation Safe Station will refer participating people to “support groups, outpatient office based opioid treatment programs, Methadone programs, and when appropriate, residential treatment” per the description on the county’s website.
The program is a joint creation of the Commonwealth’s Attorney’s Office, Arlington County Police, and Arlington’s Dept. of Human Services (DHS).
In a Tuesday press release, Chief of Police Jay Farr, DHS Director Anita Friedman, and Sheriff Beth Arthur praised Operation Safe Station for “removing barriers” preventing people from seeking help with their addictions.
However, the program does not accept people who:
- Have outstanding arrest warrants
- Have been convicted of giving, selling, or distributing drugs, or convicted of doing so with the intent to manufacture
- Are under 18 years old and don’t have a guardian with them
- Are determined to be a threat to program staff by police
Those who do not meet these criteria still face arrest if they turn themselves in with controlled substances at the Magistrate’s Office.
Operation Safe Station participants must also agree to a search and sign an agreement committing themselves to the program.
The program’s announcement comes several months into Commonwealth’s Attorney Theo Stamos’ campaign for re-election. Challenger Parisa Tafti has criticized the prosecutor for being slow to implement criminal justice reform measures like eliminating cash bail.
Stamos has defended her record earlier this week by referencing success of her “Second Chance” program she says diverted 500 minors struggling with addict from court since its start in 2011 as well as a Drug Court program.
Marine Corps Marathon Recap — A D.C. man and a Costa Rican woman were the winners of the 43rd annual Marine Corps Marathon on Sunday. Meanwhile, the last “Groundpounder,” who had run every Marine Corps Marathon since its inception in 1976, announced his retirement on Saturday after deciding to withdraw from this year’s race. [RunWashington, Stars and Stripes, WTOP]
Arlington Gets Addiction Treatment Grant — “Arlington County has been awarded $250,000 from CareFirst BlueCross BlueShield (CareFirst) to help people with substance use disorders. The grant is part of the insurer’s nearly $2.1-million investment in community health organizations working to combat substance use disorders, including opioid use disorders.” [Arlington County]
Parking Concerns For Nauck Pool — “Nauck Civic Association president Portia Clark, whose organization supports” a planned pool in Nauck, “pressed county officials to make sure the neighborhood had a say on issues related to its development, including operating hours and parking. ‘Our community has some parking challenges,’ Clark said. ‘The community should be involved.'” [InsideNova]
‘Signs of Fatigue’ For Real Estate Market — “There was a pronounced drop in the number of homes for sale in Northern Virginia in September, and prices may be showing signs of topping out… The number of sales across the Northern Virginia region almost universally fell in September, with sales in Arlington County down 12 percent from a year ago.” [WTOP]
New Weapon in Battle Against Opioid Addiction — “Arlington County has taken a proactive measure in the fight against prescription drug abuse by installing three permanent drug-take back boxes. The public can now safely and securely dispose of unused, unwanted or expired prescription medications 24 hours a day, 7 days a week, 365 day a year. This disposal service is free and anonymous with no questions asked.” [Arlington County]
Lack of 5G Could Hurt Amazon Bid — Arlington’s lack of 5G wireless service could hurt it in the eyes of Amazon as the online giant considers the county for its second headquarters, says a letter to the editor writer. The county should have more actively adjusted policy and lobbied carriers for 5G, the writer suggests. [InsideNova]
Woman Arrested After Victoria’s Secret Assault — “A D.C. woman was arrested for attacking two employees at a Victoria’s Secret in Arlington after she says one of them followed her around the store, according to authorities.” [WJLA]
Average I-66 HOV Round Trip Cost — The average round trip cost for single occupant drivers on the I-66 Express Lanes, from their December opening to the end of April, was $12.72, according to new data. Some drivers have faced steeper tolls during “peak of the peak” times. [InsideNova]
Photo courtesy Jeremy Galliani
(Updated at 6:35 p.m.) Encore Recovery Solutions, a rehabilitation center for young adults trying to overcome “substance use and co-occurring behavioral health disorders,” is expanding.
The drug rehab center has been in business for just over a year and recently moved to larger offices in Ballston. The Ballston facility hosts an outpatient treatment program, according to Tom Walker, Encore’s director of community relations.
In February, Encore announced via Facebook that it had also purchased a residential property at 5805 26th Street N. in the Leeway-Overlee neighborhood, for use as a “sober living environment for young adults.” The house has been approved as “legally non-conforming use by Arlington County,” Walker said.
Some people who live near the home have expressed concerns about its new use.
“We have communicated with several of the neighborhood residents individually, and attended the Open Door Monday meeting yesterday evening where we discussed our plans with other neighborhood residents,” Walker said via email. Some residents are “very much in opposition,” he acknowledged, while others are either “openly supportive of Encore’s efforts” or “willing to engage in discussing best practices.”
Between 2015-2017, Arlington saw a 245 percent increase in patients seeking treatment for opioid addiction and related disorders. The number of patients went up from 100 in 2015 to 345 in 2017, according to the county.
Photo via Encore Recovery Solutions/Facebook
County Aims to Fix Boring Columbia Pike Architecture — “Arlington County Board members on Dec. 16 approved amendments to the county’s zoning ordinance that revamps existing regulations for Pike properties that are built under the Form-Based Code, a 15-year-old process that aims to speed the development timeline but has had the unintended consequence of rendering architectural creativity persona-non-grata on the Pike.” [InsideNova]
McAuliffe Proposes Metro Funding Plan — Virginia Gov. Terry McAuliffe is proposing a $150-million-per-year state funding plan for Metro. The plan includes using a portion of Northern Virginia’s regional transportation sales tax and increasing three other regional taxes. [WTOP]
Gutshall to Be Sworn In Today — Erik Gutshall, the newest Arlington County Board member, will be sworn in today at 5 p.m. at county headquarters in Courthouse. [InsideNova]
Pentagon Had UFO Office — The truth is out there, in Arlington — at the Pentagon, specifically. It was revealed this past weekend that the Pentagon had a secretive program that investigated reports of Unidentified Flying Objects. The “Advanced Aviation Threat Identification Program” officially ended in the 2012. [Politico, Washington Post]
Phoenix House Renovation and Expansion — “On time and on budget – and without a dollar of government funding – Phoenix House Mid-Atlantic on Dec. 12 unveiled new and updated facilities in Arlington aimed at giving an extra boost to patients moving through the addiction-recovery process.” [InsideNova]
Hot Item for the Holidays: E-ZPass — With tolling set to begin on what are now the I-66 HOT lanes, stores in Arlington and elsewhere in Northern Virginia are having trouble keeping E-ZPass transponders in stock, particularly the E-ZPass Flex devices that will allow carpoolers to continue to use I-66 for free. [WJLA]
W&OD Trail Changes Discussed — Officials are considering options for separating cyclists from those on foot on the W&OD Trail. “I love the potential separation,” Arlington County Board member John Vihstadt is quoted as saying. “I think that will be well-received by both sets of users.” [InsideNova]
Dad Speaks Out After W-L Grad Son ODs — “As an admiral I helped run the most powerful military on Earth, but I couldn’t save my son from the scourge of opioid addiction,” writes retired Adm. James Winnefeld, in an Atlantic article entitled “No Family Is Safe From This Epidemic.” Jonathan Winnefeld, a Washington-Lee High School grad, died in Denver this past September “after a long and honorable battle with addiction.” [The Atlantic, Legacy, Denver Post]
More on Accessory Dwelling Vote — A GGW writer argues that while the Arlington County Board is to be commended for allowing the creation of basement apartments that can be rented out, it punted on the issue of backyard cottages at its Tuesday meeting. The Board’s action on so-called Accessory Dwelling Units included instructing the County Manager to study setbacks from the property line for detached accessory structures before any are approved under new rules. [Greater Greater Washington]
New Incentive for Sustainable Buildings — “Arlington County will pioneer Virginia’s first Commercial-Property Assessed Clean Energy (C-PACE) program–a public-private partnership to provide affordable, long-term financing for projects to improve the energy or water efficiency of commercial buildings in the county.” [Arlington County]
DCA Tweets at Teigen — Model and social media personality Chrissy Teigen told followers yesterday that she left “a very large mom bra” under her seat on a flight that arrived at a D.C. area airport. Reagan National Airport’s official Twitter account responded by recommending that Teigen stop by the Spanx store in the airport for a replacement. [Twitter]
‘Age in Place’ Tax Deferral Questioned — Mortgage and title companies are reportedly not big fans of Arlington’s Real Estate Tax Relief Program, which allows older residents who meet certain income requirements to defer property tax payments until the home is sold. The system has sometimes sprung large tax bills on unsuspecting heirs, real estate agents and mortgage settlement officers. [Falls Church News-Press]
Flickr pool photo by Michael Coffman
Arlington No. 6 on Highest-Income List — Arlington County is the No. 6 highest-income county in the country, according to the latest U.S. Census Bureau data. Three other local counties — Loudoun County, Howard County and Fairfax County — were Nos. 1, 2 and 3 respectively. D.C., meanwhile, was one of the only urban centers in the country to see a decline in its median household income. [Washington Post]
Local Oktoberfest List — A Reddit user has created a master list of local Oktoberfest celebrations and German restaurants. Among the events on the list is the annual Capitol City Brewing Oktoberfest in Shirlington, scheduled this year for Saturday, Sept. 30. [Google Docs, Reddit]
Arlington Ladies Auxiliary Van For Sale — For $3,500, you can be the proud owner of a 1967 Dodge van that once was used as the Arlington Professional Firefighters Association Ladies Auxiliary coffee wagon. [Craigslist]
Arlington Combating Opioid Epidemic — Arlington County is reminding residents that opioid addiction remains a significant problem in the county and around the U.S. “Opioid use and cases of overdosing continue to rise,” the county said, on a webpage that lists resources for those trying to overcome addiction. [Arlington County]
Mobility Lab Director Touts Success — “We calculated that on a typical workday, our services in Arlington County helped shed about 40,000 trips from vehicles into biking, walking, et cetera,” says the Managing Director of Arlington County’s Mobility Lab, in an interview. “That’s equivalent to seven lanes of urban highway.” [Arlington Magazine]
Flickr pool photo by Erinn Shirley
Fairlington Named ‘Top Value Neighborhood’ — Fairlington and Shirlington are together the No. 3 “top value neighborhood” in the D.C. area, according to real estate website Trulia. No. 1 is University Park in Maryland and No. 2. is Kingman Park in D.C. [Curbed]
Market-Rate Affordable Housing Disappearing — In 2000 there were 19,740 homes in Arlington affordable to those making 60 percent of Area Median Income. That dropped by 86 percent, to 2,780 units, by the end of 2016. [Washington Business Journal]
Police Focused on Opioid Abuse — Yesterday the Arlington County Police Department “participated in a discussion on regional law enforcement efforts aimed at reducing the growing heroin/opiate epidemic.” There are at least three addiction treatment facilities in Arlington and ACPD “strongly encourages substances users and their family members to seek assistance.” [Arlington County]
Native Plants Return Thanks to Management of Invasives — “Native plants are on the comeback trail in Arlington – particularly along the W&OD Trail in Bluemont and Glencarlyn parks. Last month Dominion Energy mowed green space beneath powerlines along the trail, helping the County manage invasive plants like Japanese honeysuckle and multiflora rose.” [Arlington County]
Ground has been broken at the site of two new residential buildings and a rebuilt substance-abuse recovery facility in Courthouse.
Approved in 2015 by the County Board, Gables Pointe 14 at 1307 N. Rolfe Street by developer Gables Residential will have 370 apartments in two buildings, underground parking and an 8,000-square-foot shared park.
As of Tuesday, crews were in the early stages of clearing ground for the new development. A pick-up point for school buses is located close to the construction zone, which is fenced off to the public. Cars are still able to park on both sides of N. Rolfe Street, with dump trucks and other construction vehicles also using it as an access road.
The buildings will be six and 12 stories in height, respectively, and include studio as well as one-, two- and three-bedroom apartments. Thirty-nine of the units will be committed affordable housing and the developer also has the option to install a $75,000 work of public art on the site or donate to the county’s public art fund as a community benefit.
“The Rosslyn-Ballston corridor is a highly desirable area,” Gables Residential regional vice president Jorgen Punda said in a prepared statement distributed to multiple outlets. “Our site involved the assemblage of thirteen lots, owned by both private individuals and Arlington County. It was a successful collaboration and we believe it is a great opportunity to deliver a ‘best in class’ apartment home community, with unparalleled amenities within walking distance to the Courthouse and Rosslyn Metro stations and a variety of dining and entertainment options.”
Also on the 2.7-acre site will be a new building for Independence House, a transitional living facility for those recovering from substance abuse.
The Independence House would be rebuilt, but not expanded, because more residents might limit the program’s effectiveness. The new building will have 14 single-occupant units.
The project is set to be completed in winter 2020.
Next SafeTrack Surge Begins Tomorrow — Metro’s ninth SafeTrack maintenance “surge” will begin tomorrow and will result in single-tracking between the Vienna and West Falls Church station on the Orange Line through Oct. 26. Riders should expect longer wait times on the Orange Line; in Arlington, the East Falls Church station is expected to experience the worst delays. [DCist, NBC Washington]
Fire Dept. to Donate to AWLA — Arlington County fire stations collected more than 650 pounds of pet supplies and food during ‘Operation FirePaws.’ The items will be donated to the Animal Welfare League of Arlington. [Arlington County]
Additions for Phoenix House — Following a successful capital fundraising campaign, substance abuse rehabilitation facility Phoenix House, in Ballston, will be adding a new fitness and health center and expanding and renovating its adolescent boys program.
A History of the Balls — ‘Our Man in Arlington’ columnist recounts the history of the Ball family, local landowners since the Revolutionary War and the namesakes for Arlington’s Ballston neighborhood. [Falls Church News-Press]
Photo courtesy Noah Kaufman