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FOIA Friday: Espionage case in Virginia ends with prosecution • Virginia Mercury

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FOIA Friday: Espionage case in Virginia ends with prosecution • Virginia Mercury


One of the less noticed features of the Virginia Way is the long-running tendency of the commonwealth’s leaders to conduct their decision-making behind closed doors. While the Virginia Freedom of Information Act presumes all government business is by default public and requires officials to justify why exceptions should be made, too many Virginia leaders in practice take the opposite stance, acting as if records are by default private and the public must prove they should be handled otherwise.

In this feature, we aim to highlight the frequency with which officials around Virginia are resisting public access to records on issues large and small — and note instances when the release of information under FOIA gave the public insight into how government bodies are operating. 

Heightened concerns over drone activity

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A Chinese national was sentenced to six months in prison in September after pleading guilty to illegally flying a drone over ship repair yards in Newport News, court records obtained by the Virginian-Pilot reveal. 

The incident raised national security concerns due to the proximity of the yards — used by BAE Systems and NASSCO — to the Naval Station Newport, the world’s largest naval base, located along the York River. 

According to the records, Fengyun Shi, a graduate student from China studying agricultural engineering at the University of Minnesota, purchased the drone on Jan. 3, 2024, The Pilot reported Thursday. Two days later, he traveled from San Francisco to Newport News, where he took photos of the repair yards and Newport News Shipbuilding.

His surveillance came to an abrupt halt when light rain forced his drone into a tree near 65th Street and Huntington Avenue on Jan. 6, attracting the attention of local residents and law enforcement as Shi attempted to retrieve it. 

Shi left for California before wind gusts dislodged the drone. Law enforcement later recovered the device, prompting an investigation by Newport News Police and the FBI. Shi was arrested in San Francisco on Jan. 19 while attempting to board a one-way flight to China.

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The case underscores growing statewide concerns about unauthorized drone activity near sensitive areas. Reports of mystery sightings in the western and southern Virginia, including Danville, Fincastle, Floyd, Pulaski, Radford, Roanoke, Salem, and Vinton, have prompted state officials to ramp up surveillance.

Gov. Glenn Youngkin announced on Dec. 14 that the Virginia State Police Homeland Security Division and the Virginia Department of Emergency Management are monitoring the issue through the state’s Fusion Center, which coordinates intelligence among law enforcement agencies.

In a statement, Youngkin said he is “concerned” about a lack of sufficient information shared by federal partners regarding drone incidents. “Virginia has consistently sought information from federal partners, and to date, the information shared with the commonwealth has been insufficient,” Youngkin said. 

Va. Beach city council to weigh future of Pharrell’s Something in the Water festival

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The Virginia Beach City Council will decide whether organizers of the popular Something in the Water musical festival, founded by hometown star Pharrell Williams, can move forward this April after organizers missed a Dec. 31 deadline to announce their lineup and begin ticket sales, the Virginian-Pilot reports.

The multi-day festival, launched in 2019, has drawn high-profile performers, including Virginia natives Missy Elliott, Chris Brown, Clipse and Trey Songz, and other popular artists, such as Usher. Organizers had agreed to receive up to $500,000 in city funding, contingent upon meeting specific goals and ensuring transparency in the planning. 

Last year, organizers faced delays, postponing the festival from October to April and missing a deadline to sign a sponsorship contract that would grant the city greater oversight of planning and coordination. While the contract was eventually signed, the city council is set to revisit the issue on Tuesday. 

Manassas Park seeks charter change amid timing concerns

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Manassas Park officials are pushing for changes to the city’s charter, including updates to candidate requirements for city council and rules for the city manager’s residency. However, InsideNOVA reports that the General Assembly may not act on the proposal this year. 

City Attorney Dean Crowhurst told the outlet that the council’s Dec. 10 decision to approve the changes came too late for legislation to be filed before the upcoming session.

If adopted, the changes would allow, city council candidates to qualify for office without party nominations or petition signatures from registered voters.

The proposed updates would also ease residency requirements for the city manager, allowing them to live within 30 miles of the city rather than inside city limits.

Have you experienced local or state officials denying or delaying your FOIA request? Tell us about it: [email protected]

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Hampton Roads leaders, experts weigh in on Virginia Supreme Court redistricting ruling

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Hampton Roads leaders, experts weigh in on Virginia Supreme Court redistricting ruling


PORTSMOUTH, Va. (WAVY) — Virginia Democrats are not happy about a state Supreme Court decision declaring last month’s referendum to draw new congressional districts null and void.

Democrats, however, have filed a motion asking the Virginia Court to delay its 4-3 decision while they file an emergency appeal to the United States Supreme Court.

Virginia’s current map that favors Democrats by a narrow 6-5 margin will stay in effect for the midterms. Both sides, though, have a lot to say to say about today’s decision.

Two months ago, you couldn’t avoid the political ads and mailers on both sides of the issue.

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“Everybody remembers we got a few million dollars worth of flyers in our mailboxes, and everything with redistricting that whole referendum has now been overturned by the court decision,” said Old Dominion University Associate Professor of Political Science Jesse Richman.

On April 21, Virginia voters approved redrawing congressional maps that would have given Democrats a 10-1 advantage, giving them a strong chance to pick up four additional seats in November.

More than two weeks later, the Virginia Supreme Court rendered the results null and void, saying the required constitutional processes were not followed before this was put up for a vote. So what does that mean for Virginians?

“As it is, we stay with the districts we have,” Richman said. “If [Democrat] Bobby Scott’s your representative, he’s still your representative. The lines aren’t moving. If [Republican] Jen Kiggans is your representative, [she’s] still your representative.”

Scott and Kiggans spoke to 10 On Your Side shortly after today’s decision.

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“I’m disappointed,” Scott said. “People voted, three million people voted, it carried in 55 of the 100 House of Delegates districts, so the people spoke.”

“It’s a big day for Virginia today,” Kiggans said. “It’s a victory for the rule of law [and] it’s a victory for fairness.”

That split reaction has also been felt among voters, some even rallying in front of the Virginia Supreme Court. One of them was Hampton’s NAACP Branch President Gaylene Kanoyton.

“We have got to make sure that we mobilize and don’t let this get us down,” Kanoyton said. “We need to be energized.”

Virginia Democrats have vowed to fight Friday’s ruling, saying they intend to file an emergency appeal to the U.S. Supreme Court.

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“I expect we’ll see more intense political campaigning in the midterms in this area because of the Supreme Court’s decision,” Richman said.



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17th Annual VB Surf Art Expo kicks off summer season at Virginia Beach Oceanfront

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17th Annual VB Surf Art Expo kicks off summer season at Virginia Beach Oceanfront


90+ artists to exhibit on the Va. Beach boardwalk with the backdrop of the Atlantic Ocean

VIRGINIA BEACH, Va. (WAVY) — Get ready for the largest surf art show on the East Coast!

The 17th Annual Virginia Beach Surf Art Expo at the Virginia Beach Oceanfront on the boardwalk, 3rd through 7th streets, will begin Saturday, May 23, through Sunday, May 24, 10 a.m. – 6 p.m., ending on Memorial Day, Monday, May 25, 10 a.m. – 5 p.m.

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Courtesy: VB Surf Art Expo (Antone Nixon, with VB Sunrise)

The Virginia Beach Surf Art Expo features over 90 regional artists from Maine to the Mid-Atlantic region and down through Florida, capturing the essence of the beach, the ocean, wildlife, sea life, and surfing-related themes in art.

The Virginia Beach Surf Art Expo is partnered with the Coastal Edge Steel Pier Classic and the surfing competition at the 1st Street Jetty.

This event is an official kick-off to the summer season at the Oceanfront.

“Isn’t seeing an artist’s interpretation of the beach vibe the very best way to enjoy it? We drip salt water from our pores,” says Jodie Woodward, founder and show director of the Virginia Beach Surf Art Expo.

Surf art comes in all mediums, including painting, photography, jewelry, sculpture, ceramics, wood, metal, fiber, glass, and mixed media, all available for purchase at the art expo.

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Each artist has a special connection with surfing, the ocean, beach life, sea life, seascape scenes, shells, coral, dolphins, fish, lighthouses, mermaids, custom surfboard and skateboard designs. 

Expect to see more Patriotic themes this year in alignment with America’s 250th birthday, officials say.

“We can’t wait for the 23rd Annual Coastal Edge Steel Pier Classic presented by Katin,” says D. Nachnani, president of Coastal Edge. “This Memorial Day Weekend, the heart of Virginia Beach becomes the soul of East Coast surfing. We’re proud to host the WSL World Tour Longboard event alongside our professional shortboard competition. With over 300 athletes representing more than a dozen countries, and a combined $16,000 purse on the line, this is more than a contest—it’s a celebration of art, athleticism, music, and the surf culture that defines our coast,” Nachnani went on to say.

For more information about the Virginia Beach Surf Art Expo, click here, call (757) 348-1048, connect on the Virginia Beach Surf Art Expo’s Facebook here, or their Instagram here.

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Virginia traveler returns from cruise hit by hantavirus outbreak

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Virginia traveler returns from cruise hit by hantavirus outbreak


RICHMOND, Va. (WRIC) — The Virginia Department of Health (VDH) is monitoring a Virginia traveler after they returned from a cruise ship linked to a deadly hantavirus outbreak.

The outbreak is tied to the MV Hondius, which is traveling from Argentina to the Canary Islands. Eight cases were reported this week, resulting in three deaths and several other sicknesses. Multiple passengers are now considered at risk, including one Virginian.

A local doctor said the risk to the public remains low. The traveler in question is not currently showing signs of infection, but is being monitored as a precaution.

“Typically in this country, [hantavirus is] transmitted when people are cleaning up around their rodents and they aerosolize the rodent droppings and they breathe those in,” said former Virginia Health Commissioner Dr. Randy Gordon.

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Gordon said the virus has existed since the 1990s and often presents with flu-like symptoms.

“Until 2023, we only had 890 cases worldwide,” he said.

Despite the minimal risk this outbreak currently poses to those on land, Virginia health officials are still taking things seriously, Gordon said.

“The state health department is very aware of it and the district health department is very aware of it,” he said. “They’re monitoring this person and they’re seeing if any symptoms develop. However, it’s notable they’re not isolating this person.”

He emphasized that hantavirus has a very low transmission rate, despite its higher death rate of about 35%, according to the U.S. Centers for Disease Control and Prevention (CDC).

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“It’s very rare, number one, and one’s likelihood of encountering it is almost zero, especially if you take precautions,” Gordon said. “You’re more likely to get it right now from cleaning up rodent excrement.”

He added that this appears to be a small cluster of cases and is likely to remain limited.

Gordon said there is no specific treatment for hantavirus and doctors instead treat symptoms. The best protection is basic hygiene and avoiding exposure to rodent droppings.



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