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

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.

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

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

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]