But public outcry continues

The Rappahannock County School Board’s attorney has concluded Rappahannock County Public Schools staff acted properly in allowing a concealed carry permit class to be held at the high school, but the legal opinion seemed to do little to quiet a continuing public dispute over the event.

“Based on the current iteration of the board’s policy and regulations, permitting the [Rappahannock County Republican Committee] to use RCHS was an appropriate decision from a procedural standpoint and based on the language in the existing policy and regulations,” Rodney Young, an attorney with Timberlake Smith, wrote in a July 13 memorandum to the board.

The attorney’s decision was made public at Tuesday’s School Board meeting, where the board decided to go a step further and ask for a legal opinion on how to police who can use school buildings and for what.

During a lively public comment period, objections were raised over having the concealed carry class in the high school, and a motion by board member Rachel Bynum to stop the class from taking place failed.

The class, taught by Defensive Tactics of Virginia, was organized by the Rappahannock County Republican Committee, which rented the high school auditorium for the July 16 event. The arrangement drew criticism after it became public that $10 of each $90 registration fee would go back to the Republican committee, prompting concerns from board members and the public over hosting a politically tied fundraiser on school property. Organizers said no real firearms would be used in the class.

Missy McCool, Hampton board representative, read a written statement laying out her feelings on the issue, saying that many people — including herself — take issue with any class associated with guns taking place at a school, but the board cannot overwrite its own policy for the sake of opinion. 

“I wish that this event were being held somewhere, anywhere other than one of our public schools, but my oath is not to advance my personal preferences. It is to faithfully uphold the law, respect the Constitution, and to serve the community with fairness and integrity, even when doing so is unpopular,” McCool said. 

The board did not vote to amend the policy Tuesday, but rather to seek more legal advice on how to make changes without making it unfair to certain groups. Potential changes include limiting facility use to fundraising that benefits the school or restricting for-profit involvement. New rental policy recommendations will then be sent back to the board for consideration.

Rappahannock County Democratic Committee Co-chair Christin van den Toorn makes a public comment about the scheduled gun class at the high school. (Photo/Luke Christopher)

‘Please reconsider’

Four residents spoke during the public comment period, all against the concealed carry class taking place at the school. 

Ron Makela, Jackson District, argued the RCRC did not disclose that the event was “also going to be a fundraiser for the Republican Party.” He also questioned why the group was charged $120 for the room instead of the $100-an-hour rate listed for community groups in the board’s policy — an issue also raised by Stonewall-Hawthorne representative Lynnie Genho. 

“The public needs to know why they’re getting it for $120,” Makela said. 

After the meeting, Grimsley said in an interview that staff will usually estimate actual costs of an event instead of adhering strictly to the policy’s laid-out cost structure. For the concealed carry class, a fee of $30 per hour for technical assistance is all that was charged, according to executive director of administrative services Robin Bolt. But Grimsley added that this practice needs to be reviewed. 

“Usually… [facilities management determines] what is it really going to cost us if it’s an auditorium, sitting down, if it’s not going to be a messy event using food, destroying anything. So she charges the actual cost for any services that are rendered. But that’s something that’s important to look at,” Grimsley said. 

Emily Lock and Christine van den Toorn, co-chairs of the Rappahannock County Democratic Committee, both addressed the board, arguing that the “discounted rate” could be perceived as an “in-kind” donation to a political organization. 

“I suggest that it might want to be addressed because it could appear to be — even though it was maybe a discount — an in-kind donation,” van den Toorn said. 

Mike Weaver, a teacher at The Child Care and Learning Center and a graduate of Rappahannock County schools, spoke about the legacy of Emily Hilscher, a Rappahannock native and the first victim of the 2007 Virginia Tech mass shooting, holding a picture of her up to the board. “On behalf of Emily and the many people who loved her within this community, I urge this board to please reconsider,” he said. 

As Weaver returned to his seat, an unidentified woman in the crowd told him “that was uncalled for.”

Near the end of the meeting, Piedmont representative Rachel Bynum, attending the meeting via Zoom, moved to rescind approval of the class — a move that the board is allowed to make, although it could open them up to a First Amendment legal dispute. A man in the audience — Tom Reid — called out to second it, but no board member did, and the motion died. Groans of “sad,” “why” and “shame” could be heard from the crowd as the meeting then adjourned. 

Earlier in the meeting, Chair Wes Mills walked the board through the legal opinion and its conclusions, including that the board is allowed to amend the policy as long as any new rules are “reasonable in light of the purpose” of the use and “viewpoint neutral.”

The opinion also found that the policy does not currently have stipulations that stop an applicant from using a third-party, for-profit vendor to help run an event — an issue at the heart of the debate over a concealed carry class. 

The board also discussed wanting a requirement of liability insurance — which does exist in the current policy — to be spelled out more clearly on the application, and a standing agenda item will be added to keep the board informed about pending and accepted applications for use of school facilities.