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From: Signer, Mike

Sent: Saturday, August 12, 2017 2:25 PM


To: Jones, Maurice; Murphy, Mike; Dickler, Miriam; ehill@webershandwick.com; Leslie Lake;
Thomas, Al
Subject: 4 pm

Starting a thread re the 4 pm presser. Emil is on the case and will be at the pre-meeting. Need instructions on time
and place. Talking points and frame will come out.

Sent from my iPhone


From: Kristin Szakos
Sent: Saturday, August 12, 2017 9:52 PM
To: Council
Subject: And this from Iowa

Solidarity with Charlottesville rally in Cedar Rapids tomorrow. Share this if you
want. https://www.facebook.com/events/1119364828196523/?acontext=%7B%22ref%22%3A%223%22%2C%22r
ef_newsfeed_story_type%22%3A%22regular%22%2C%22feed_story_type%22%3A%2217%22%2C%22action_hi
story%22%3A%22null%22%7D

Kristin Szakos
Charlottesville City Councilor
434-987-1042

Sent from my iPhone


From: Kristin Szakos
Sent: Tuesday, August 8, 2017 8:54 AM
To: Jones, Maurice; Thomas, Al
CC: Brown, Craig
Subject: and this, of course.

https://www.pscp.tv/w/1OyKArnPXRaGb

Kristin Szakos
Charlottesville City Councilor
1132 Otter St, Charlottesville, VA 22901
434-984-4022
434-987-1042
k.szakos@embarqmail.com
From: Bob Fenwick
Sent: Sunday, August 13, 2017 9:21 AM
To: Jones, Maurice; Thomas, Al; Council; Baxter, Andrew
Subject: Appreciation

Maurice, Andrew and Al,


Thank you for your leadership during a most trying time. Your calm, decisive leadership has
been a rock for our community to build on. Please forward my appreciation to the men and
women of the Charlottesville Police Dept., the Charlottesville Fire Department and First
Responders and the city staff. I was in the middle of the chaos on Market St. yesterday and at
Fourth and Water immediately after the automobile attack and saw first hand the focused,
measured response to provocation and confrontation and the quick action by the medical first
responders.
Bob Fenwick
From: Galvin, Kathy
Sent: Monday, August 7, 2017 4:39 PM
To: d'Oronzio, Phil; Kelley, Brenda; Ikefuna, Alexander; Robertson, Lisa; Pethia, Stacy
CC: Council; Housing Advisory Committee; Jones, Maurice; Murphy, Mike
Subject: article on land banks

Hello Phil, Brenda, Lisa, Alex and Stacy,

Here is a good article on land banks. My question is could a land bank be used to buy depreciated shopping center
sites, junk yards and underutilized surface parking lots, clean them up and then prepare them for sale to a private
developer with community benefit conditions attached, such as a certain number of units must be affordable and that
the project will generates this many local middle skill jobs? I ask because each of the 12 small area plans designated
by the 2013 comprehensive plan is dominated by these kinds of sites.

https://urbanland.uli.org/development-business/land-banks-helping-rebuild-legacy-foreclosure/

Many thanks.
Kathy
Kathleen M. Galvin, AIA
Charlottesville City Councilor
From: Thomas, Al
Sent: Monday, August 7, 2017 7:04 PM
To: Jones, Maurice; Murphy, Mike
Subject: As Portland Police Stand By, Alt-Right and Antifa Protesters Beat Each Other Bloody -
Willamette Week

http://www.wweek.com/news/city/2017/08/06/as-portland-police-stand-by-alt-right-and-antifa-protesters-beat-each-
other-bloody/

Sent from CP1 iPhone


From: Jones, Maurice
Sent: Friday, August 11, 2017 10:26 AM
To: All Employees
Subject: August 12th Events
Attachments: Statment of Victor Mitchell and Road Closures.pdf; Downtown Area for Traffic
Control compressed updated 8-2-12.jpg

Hello Everyone,

As all of you know the “Unite the Right” rally scheduled for this weekend has generated quite a bit of
anxiety in our community. I do want to assure you that our police department, with the assistance of
the state police and our regional partners, is ready for any circumstance that may arise. They have been
working around the clock to prepare, and will have hundreds of law enforcement officials present to
protect our City.

A few tips and logistical issues to pass along:

 I have attached a statement from Captain Victor Mitchell from the police department detailing
the road closures this weekend.

 While the City of Charlottesville has approved a permit for the rally at McIntire Park, there is still
the potential for large crowds of people in Downtown Charlottesville.

 The City of Charlottesville Police Department is preparing for the possibility of people gathering
at both McIntire and Emancipation Parks. These plans may involve road closures on Saturday,
August 12.

 With large crowds of individuals with strongly held and potentially opposing beliefs, there is also
the potential for conflict. Those who live and work in the area of these events should exercise
their best judgment on the day of the rally and should avoid the area if they have concerns. Err
on the side of caution if in doubt.

 CPD and their law enforcement partners, primarily the Virginia State Police, will have a visible
presence in the City over the weekend for the purpose of ensuring this remains a peaceful
assembly, and for the safety and protection of people and property.

 There will be increased law enforcement patrols in neighborhoods adjacent to McIntire Park and
in Downtown Charlottesville.

 As logistical information is finalized and available, it will be released to the media and available
to the public online at the City’s website www.charlottesville.org under our “news” heading.

 On the day of the event, releases will be posted online to our regional emergency management
community website www.communityemergency.org
 Updates will also be posted throughout the day of August 12 via social media on Facebook at
www.facebook.com/charlotteville-police-department and Twitter at @cvillecityhall

I thank all of you who have participated in the planning for this weekend. This has been a true team
effort and reflects the values of our organization. Our City is dedicated to protecting the constitutional
rights of free assembly and free speech. The City has an obligation to protect not only those rights but
the people who seek to exercise them peacefully, and the broader community. We will do just that this
weekend. I would ask that you keep our public safety personnel and our community in your thoughts
and prayers as we continue to serve our City.

As always, I am deeply appreciative of your commitment to our community.

All the Best,


Maurice

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org
Charlottesville Police Department
606 East Market Street
Charlottesville, Virginia 22902
Telephone Number [434] 970-3280
Fax Telephone Number [434] 970 3502

Alfred S. Thomas
Chief of Police

MEDIA RELEASE
Statement by Captain Victor Mitchell

We know there are questions about where this rally will take place. Mr. Kessler
applied for a permit at Emancipation Park. The permit was granted for McIntire Park.

We are prepared for multiple possibilities and Charlottesville Police Department,


with assistance from the Virginia State Police, has plans in place to protect citizens in
both parks.

Individuals have a constitutional right to gather and peacefully protest. The


Police will be there to insure this takes place. We want people to have the opportunity
to express their opinions while keeping the protestors and our community safe.

We also want to point out that we still have a city to protect. I want to assure the
citizens of this city - if you call 911 for an emergency - a police officer will respond. We
have enlisted the assistance of the Albemarle County Police Department and the
University of Virginia Police Department. If you live in the city and call the police,
someone from one of the two agencies showing up to assist. Non-emergency calls for
service will be held by the Emergency Communications Center until conclusion of the
event.

As an alternative and to assist citizens reporting of non-emergency incidents, the


Charlottesville Police Department will have personnel available at the department to
handle telephone, walk-in and on-line reports in lieu of a response by an Officer. To file
an on-line report, please visit the Charlottesville Police Department web page,
https://www.charlottesville.org/police, and click on the link to file an on-line report.

There will be no road closures around McIntire Park other than the entrance to
McIntire Park from the Bypass next to the fire station. That will be closed. Parking for Mr.
Kessler’s group will be available in the park. Parking for counter demonstrators will be
available at Charlottesville High School. Those parking at CHS should arrive by taking the
250 bypass to Melbourne Rd entering CHS from the Melbourne entrance.

There may still be crowds downtown that will necessitate the road closures
surrounding Emancipation Park, we will be putting these in place as a precaution.

************************

The road closures for downtown are as follows:

Friday August 11 from 5:00 PM to Saturday August 12 at 7:00 PM

• 200 block of 2nd St NE


• 200 block of 1st N

Saturday August 12 from 7:00 AM to 7:00 PM

• E. Market St. from W. High to E. Market St. @ 4th St. NW.


• 2nd St NW @ Water St to E. Market St.
• 2nd St NW @ W. High St to E. Market St.
• 1st St N @ W. High St. to E. Market St.
• 2nd St NE @ High St. to E. Market St.
• 3rd. St NE @ High St. to E. Market St.
• W. Jefferson St. from 2nd St. NW to 4th St. NE @ E. Jefferson St.
• E. Market @ Old Preston Av.
• 4th St NE @ E. Market (Mall crossover closed)

The following parking restrictions will be in effect as scheduled below:

August 11 at 5:00 PM through August 12 at 7:00 PM


• 2nd St NE @Market St. to E. Jefferson St.
• 1st N @ Market St. to E. Jefferson St.

August 12 at 5:00 AM to 7:00 PM:

• 2nd St NW from W. High St to the Downtown Mall


• 1st St N from W. High St. to Downtown Mall
• 2nd St NE from High St. to Downtown Mall
• 3rd St NE from High St. to Downtown Mall
• West Jefferson St. @ 2nd St. NW to E. Jefferson St @ 4th St. NW
• E. Market St. @ Old Preston Ave. to 4th St. NW @ E. Market St.
• Old Preston Ave to the Downtown Mall

Temporary no-parking signs have been installed in the designated areas and
towing will be enforced on 8/11-12/17 during the restricted times.

In addition, the following sidewalks will be closed Friday August 11 at 5:00pm


through Saturday August 12 at 7:00pm:

• 200 block of 2nd St. NE


• 200 block of 1st North
• 100 block of E. Jefferson St.
Charlottesville Police Department
606 East Market Street
Charlottesville, Virginia 22902
Telephone Number [434] 970-3280
Fax Telephone Number [434] 970 3502

Alfred S. Thomas
Chief of Police

MEDIA RELEASE
Statement by Captain Victor Mitchell

We know there are questions about where this rally will take place. Mr. Kessler
applied for a permit at Emancipation Park. The permit was granted for McIntire Park.

We are prepared for multiple possibilities and Charlottesville Police Department,


with assistance from the Virginia State Police, has plans in place to protect citizens in
both parks.

Individuals have a constitutional right to gather and peacefully protest. The


Police will be there to insure this takes place. We want people to have the opportunity
to express their opinions while keeping the protestors and our community safe.

We also want to point out that we still have a city to protect. I want to assure the
citizens of this city - if you call 911 for an emergency - a police officer will respond. We
have enlisted the assistance of the Albemarle County Police Department and the
University of Virginia Police Department. If you live in the city and call the police,
someone from one of the two agencies showing up to assist. Non-emergency calls for
service will be held by the Emergency Communications Center until conclusion of the
event.

As an alternative and to assist citizens reporting of non-emergency incidents, the


Charlottesville Police Department will have personnel available at the department to
handle telephone, walk-in and on-line reports in lieu of a response by an Officer. To file
an on-line report, please visit the Charlottesville Police Department web page,
https://www.charlottesville.org/police, and click on the link to file an on-line report.

There will be no road closures around McIntire Park other than the entrance to
McIntire Park from the Bypass next to the fire station. That will be closed. Parking for Mr.
Kessler’s group will be available in the park. Parking for counter demonstrators will be
available at Charlottesville High School. Those parking at CHS should arrive by taking the
250 bypass to Melbourne Rd entering CHS from the Melbourne entrance.

There may still be crowds downtown that will necessitate the road closures
surrounding Emancipation Park, we will be putting these in place as a precaution.

************************

The road closures for downtown are as follows:

Friday August 11 from 5:00 PM to Saturday August 12 at 7:00 PM

• 200 block of 2nd St NE


• 200 block of 1st N

Saturday August 12 from 7:00 AM to 7:00 PM

• E. Market St. from W. High to E. Market St. @ 4th St. NW.


• 2nd St NW @ Water St to E. Market St.
• 2nd St NW @ W. High St to E. Market St.
• 1st St N @ W. High St. to E. Market St.
• 2nd St NE @ High St. to E. Market St.
• 3rd. St NE @ High St. to E. Market St.
• W. Jefferson St. from 2nd St. NW to 4th St. NE @ E. Jefferson St.
• E. Market @ Old Preston Av.
• 4th St NE @ E. Market (Mall crossover closed)

The following parking restrictions will be in effect as scheduled below:

August 11 at 5:00 PM through August 12 at 7:00 PM


• 2nd St NE @Market St. to E. Jefferson St.
• 1st N @ Market St. to E. Jefferson St.

August 12 at 5:00 AM to 7:00 PM:

• 2nd St NW from W. High St to the Downtown Mall


• 1st St N from W. High St. to Downtown Mall
• 2nd St NE from High St. to Downtown Mall
• 3rd St NE from High St. to Downtown Mall
• West Jefferson St. @ 2nd St. NW to E. Jefferson St @ 4th St. NW
• E. Market St. @ Old Preston Ave. to 4th St. NW @ E. Market St.
• Old Preston Ave to the Downtown Mall

Temporary no-parking signs have been installed in the designated areas and
towing will be enforced on 8/11-12/17 during the restricted times.

In addition, the following sidewalks will be closed Friday August 11 at 5:00pm


through Saturday August 12 at 7:00pm:

• 200 block of 2nd St. NE


• 200 block of 1st North
• 100 block of E. Jefferson St.
From: Jones, Maurice
Sent: Thursday, August 10, 2017 8:39 PM
To: Council
Subject: August 12th Update
Attachments: Statment of Victor Mitchell and Road Closures.pdf; Downtown Area for Traffic
Control compressed updated 8-2-12.jpg; August 12 Operational Rundown 8-10-17.docx

Council,

I have attached the latest on the planning for Saturday.

All the Best,


Maurice

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org
Charlottesville Police Department
606 East Market Street
Charlottesville, Virginia 22902
Telephone Number [434] 970-3280
Fax Telephone Number [434] 970 3502

Alfred S. Thomas
Chief of Police

MEDIA RELEASE
Statement by Captain Victor Mitchell

We know there are questions about where this rally will take place. Mr. Kessler
applied for a permit at Emancipation Park. The permit was granted for McIntire Park.

We are prepared for multiple possibilities and Charlottesville Police Department,


with assistance from the Virginia State Police, has plans in place to protect citizens in
both parks.

Individuals have a constitutional right to gather and peacefully protest. The


Police will be there to insure this takes place. We want people to have the opportunity
to express their opinions while keeping the protestors and our community safe.

We also want to point out that we still have a city to protect. I want to assure the
citizens of this city - if you call 911 for an emergency - a police officer will respond. We
have enlisted the assistance of the Albemarle County Police Department and the
University of Virginia Police Department. If you live in the city and call the police,
someone from one of the two agencies showing up to assist. Non-emergency calls for
service will be held by the Emergency Communications Center until conclusion of the
event.

As an alternative and to assist citizens reporting of non-emergency incidents, the


Charlottesville Police Department will have personnel available at the department to
handle telephone, walk-in and on-line reports in lieu of a response by an Officer. To file
an on-line report, please visit the Charlottesville Police Department web page,
https://www.charlottesville.org/police, and click on the link to file an on-line report.

There will be no road closures around McIntire Park other than the entrance to
McIntire Park from the Bypass next to the fire station. That will be closed. Parking for Mr.
Kessler’s group will be available in the park. Parking for counter demonstrators will be
available at Charlottesville High School. Those parking at CHS should arrive by taking the
250 bypass to Melbourne Rd entering CHS from the Melbourne entrance.

There may still be crowds downtown that will necessitate the road closures
surrounding Emancipation Park, we will be putting these in place as a precaution.

************************

The road closures for downtown are as follows:

Friday August 11 from 5:00 PM to Saturday August 12 at 7:00 PM

• 200 block of 2nd St NE


• 200 block of 1st N

Saturday August 12 from 7:00 AM to 7:00 PM

• E. Market St. from W. High to E. Market St. @ 4th St. NW.


• 2nd St NW @ Water St to E. Market St.
• 2nd St NW @ W. High St to E. Market St.
• 1st St N @ W. High St. to E. Market St.
• 2nd St NE @ High St. to E. Market St.
• 3rd. St NE @ High St. to E. Market St.
• W. Jefferson St. from 2nd St. NW to 4th St. NE @ E. Jefferson St.
• E. Market @ Old Preston Av.
• 4th St NE @ E. Market (Mall crossover closed)

The following parking restrictions will be in effect as scheduled below:

August 11 at 5:00 PM through August 12 at 7:00 PM


• 2nd St NE @Market St. to E. Jefferson St.
• 1st N @ Market St. to E. Jefferson St.

August 12 at 5:00 AM to 7:00 PM:

• 2nd St NW from W. High St to the Downtown Mall


• 1st St N from W. High St. to Downtown Mall
• 2nd St NE from High St. to Downtown Mall
• 3rd St NE from High St. to Downtown Mall
• West Jefferson St. @ 2nd St. NW to E. Jefferson St @ 4th St. NW
• E. Market St. @ Old Preston Ave. to 4th St. NW @ E. Market St.
• Old Preston Ave to the Downtown Mall

Temporary no-parking signs have been installed in the designated areas and
towing will be enforced on 8/11-12/17 during the restricted times.

In addition, the following sidewalks will be closed Friday August 11 at 5:00pm


through Saturday August 12 at 7:00pm:

• 200 block of 2nd St. NE


• 200 block of 1st North
• 100 block of E. Jefferson St.
August 10th City Council Update
Legal
The lawsuit was filed this evening. Craig Brown will be representing the City in court.

Law Enforcement/Street Closures


Captain Victor Mitchell, with assistance from Chief Thomas, offered a briefing for the media this
afternoon which included the attached statement and visuals of the road closures in downtown if
most of the action occurs at Emancipation Park. That document is also attached.

CPD will hold a final briefing for law enforcement officials tomorrow.

Media/Community Relations
In addition to the aforementioned press conference, we are tentatively working on a presser for
tomorrow afternoon to provide some additional information to the public.

2-2-1 Meetings
Chief Thomas, Chief Baxter and I met with three of the five Councilors today (2 in one meeting
and one in the other) to provide an update on the planning for the event. We will meet with the
final two Councilors tomorrow.
Charlottesville Police Department
606 East Market Street
Charlottesville, Virginia 22902
Telephone Number [434] 970-3280
Fax Telephone Number [434] 970 3502

Alfred S. Thomas
Chief of Police

MEDIA RELEASE
Statement by Captain Victor Mitchell

We know there are questions about where this rally will take place. Mr. Kessler
applied for a permit at Emancipation Park. The permit was granted for McIntire Park.

We are prepared for multiple possibilities and Charlottesville Police Department,


with assistance from the Virginia State Police, has plans in place to protect citizens in
both parks.

Individuals have a constitutional right to gather and peacefully protest. The


Police will be there to insure this takes place. We want people to have the opportunity
to express their opinions while keeping the protestors and our community safe.

We also want to point out that we still have a city to protect. I want to assure the
citizens of this city - if you call 911 for an emergency - a police officer will respond. We
have enlisted the assistance of the Albemarle County Police Department and the
University of Virginia Police Department. If you live in the city and call the police,
someone from one of the two agencies showing up to assist. Non-emergency calls for
service will be held by the Emergency Communications Center until conclusion of the
event.

As an alternative and to assist citizens reporting of non-emergency incidents, the


Charlottesville Police Department will have personnel available at the department to
handle telephone, walk-in and on-line reports in lieu of a response by an Officer. To file
an on-line report, please visit the Charlottesville Police Department web page,
https://www.charlottesville.org/police, and click on the link to file an on-line report.

There will be no road closures around McIntire Park other than the entrance to
McIntire Park from the Bypass next to the fire station. That will be closed. Parking for Mr.
Kessler’s group will be available in the park. Parking for counter demonstrators will be
available at Charlottesville High School. Those parking at CHS should arrive by taking the
250 bypass to Melbourne Rd entering CHS from the Melbourne entrance.

There may still be crowds downtown that will necessitate the road closures
surrounding Emancipation Park, we will be putting these in place as a precaution.

************************

The road closures for downtown are as follows:

Friday August 11 from 5:00 PM to Saturday August 12 at 7:00 PM

• 200 block of 2nd St NE


• 200 block of 1st N

Saturday August 12 from 7:00 AM to 7:00 PM

• E. Market St. from W. High to E. Market St. @ 4th St. NW.


• 2nd St NW @ Water St to E. Market St.
• 2nd St NW @ W. High St to E. Market St.
• 1st St N @ W. High St. to E. Market St.
• 2nd St NE @ High St. to E. Market St.
• 3rd. St NE @ High St. to E. Market St.
• W. Jefferson St. from 2nd St. NW to 4th St. NE @ E. Jefferson St.
• E. Market @ Old Preston Av.
• 4th St NE @ E. Market (Mall crossover closed)

The following parking restrictions will be in effect as scheduled below:

August 11 at 5:00 PM through August 12 at 7:00 PM


• 2nd St NE @Market St. to E. Jefferson St.
• 1st N @ Market St. to E. Jefferson St.

August 12 at 5:00 AM to 7:00 PM:

• 2nd St NW from W. High St to the Downtown Mall


• 1st St N from W. High St. to Downtown Mall
• 2nd St NE from High St. to Downtown Mall
• 3rd St NE from High St. to Downtown Mall
• West Jefferson St. @ 2nd St. NW to E. Jefferson St @ 4th St. NW
• E. Market St. @ Old Preston Ave. to 4th St. NW @ E. Market St.
• Old Preston Ave to the Downtown Mall

Temporary no-parking signs have been installed in the designated areas and
towing will be enforced on 8/11-12/17 during the restricted times.

In addition, the following sidewalks will be closed Friday August 11 at 5:00pm


through Saturday August 12 at 7:00pm:

• 200 block of 2nd St. NE


• 200 block of 1st North
• 100 block of E. Jefferson St.
August 10th City Council Update
Legal
The lawsuit was filed this evening. Craig Brown will be representing the City in court.

Law Enforcement/Street Closures


Captain Victor Mitchell, with assistance from Chief Thomas, offered a briefing for the media this
afternoon which included the attached statement and visuals of the road closures in downtown if
most of the action occurs at Emancipation Park. That document is also attached.

CPD will hold a final briefing for law enforcement officials tomorrow.

Media/Community Relations
In addition to the aforementioned press conference, we are tentatively working on a presser for
tomorrow afternoon to provide some additional information to the public.

2-2-1 Meetings
Chief Thomas, Chief Baxter and I met with three of the five Councilors today (2 in one meeting
and one in the other) to provide an update on the planning for the event. We will meet with the
final two Councilors tomorrow.
From: Galvin, Kathy
Sent: Wednesday, August 2, 2017 4:14 PM
To: Daly, Brian; Ikefuna, Alexander
CC: Jones, Maurice; Murphy, Mike; Robertson, Lisa; Rice, Paige
Subject: Belmont Lofts condominium association (BLCA)_ status of a city-owned parcel
Attachments: C2 Letter Final 4-28-2008.pdf; ATT00001.txt; Tolbert C2 Letter 8-25-2008.pdf;
ATT00002.txt

Hello Brian and Alex,

Last week I met with several people from the Belmont Lofts condominium association (BLCA) about the status of a
city-owned parcel (referred to as C2) that the BLCA has maintained since 2008 (see letters attached that I received
from the BLCA.) Evidently a developer has met with the Belmont Carlton neighborhood association (with some
BLCA members present) to talk about "by right" development plans in the vicinity of the lofts that somehow involve
this parcel. Several members of the BLCA are concerned about the future use and ownership of this open space as a
result. I recall that the disposition of parcel C2 came before council awhile ago but I can't remember what transpired.

To clarify matters, I would like to meet with you both to discuss this situation sometime within the next couple of
weeks. Paige is copied on this email to assist with scheduling.

Many thanks.

Best,
Kathy
Kathleen M. Galvin, Architect AIA
Charlottesville City Councilor

>
>
Joshua Rady
Vice President
The Belmont Lofts Company
202 Douglas Ave, Unit 2F
Charlottesville, VA 22902

Jim Tolbert
Director of Neighborhood Development Services
City of Charlottesville
P.O. Box 911
Charlottesville, VA 22902

4/28/2008

Mr. Tolbert,

I am writing you on behalf of the Belmont Lofts Condominium Association


concerning the city owned property adjacent to ours, (Charlottesville Tax Map 57, Parcel
145C), known as the “C2 property.” Based on agreements made between the city and the
developer of our property (described below), we have acted as caretakers of the C2
property for the past three years. At this time we would like to make some landscaping
improvements that we believe will benefit the site.

In the Staff Report to City Council November 5, 2001 on the subject of rezoning
the CSX property, of which the C2 property was part, says “The City portion along the
creek will be maintained on its upper plateau, along with the rest of the common space,
by the [Belmont Lofts Condominium] Association.” Our understanding of this
commitment, as conveyed to us by the property’s developer Stonehaus Development, is
that in return for this maintenance we would be allowed recreational use of the property.
No structures were to be erected nor any modifications made that were inconsistence with
the Va DEQ’s remediation plan. Our association’s organizing documents incorporate this
understanding and commit us to the maintenance of the property.

Currently the property is unattractive. Several attempts to reseed the grass that
was originally planted have not been very effective. Without vegetation coverage the
property is subject to slow erosion, which will slowly weaken the topsoil barrier that
contains the contaminated subsoil, buried on the site. If this continues, in time runoff will
begin to contaminate the adjacent stream.

Our interest is to beautify and protect the property and improve the neighborhood
environment by expanding and enhancing the existing green-space. We also hope to
ensure the continued safety of the C2 property by reinforcing the stability of the topsoil
containment grading.

We believe that by planting some additional trees and shrubs we will be able to do
all these things. Trees and shrubs may grow where grass has thus far done poorly, and

1 of 2
should help stabilize the topsoil. Currently the plateau of the C2 property looks little
more than an empty lot. Some careful plantings will reclaim this sterile space and provide
the immediate neighborhood with more natural appearing green space.

We are eager to work with the city to achieve our mutual goals of maintaining the
property in a safe and attractive manner. We would like the guidance and expertise of the
Charlottesville Department of Parks and Recreation on how best to achieve this. Our
goal is to continue the role of stewardship, set out when our property was rezoned, in a
responsible manner. We believe that making some improvements to the C2 property’s
landscaping is consistent with this and will benefit the mutual interests of the City, the
neighborhood, and the residents of the Belmont Lofts.

Thank you for your time and attention in this matter. I respectfully request that
you send us a response so that we might know that our plans are in keeping with our
agreements with the city.

Sincerely,

Joshua M. Rady
For the Belmont Lofts Company

2 of 2
CITY OF CHARLOTTESVILLE
"A World Class City"

Department of Neighborhood Development Services


City Hall- P.O. Box 911
Charlottesville, Virginia 22902
Telephone 434-970-3182
Fax 434-970-3359
www.charlottesville.org August 25, 2008

Mr. Joshua Rady


Vice President
The Belmont lofts Company
202 Douglas Avenue, Unit 2F
Charlottesville, VA 22902

RE: Belmont Lofts Association - City Property 57-145C

Dear Mr. Rady:

Thank you for your letter regarding the Belmont lofts Condominium Association desire to use
the·city-owned property adjacent to yours (Charlottesville Tax Map 57, Parcel 145C) known' as the "C2
Property". I believe the proposal that you have made to plant this site in order to stabilize and beautify
is quite appropriate. I have researched the approvals given to the property ,and you are correct that
while it remains City property, your association has the right to maintain and use the property as
recreation space.

Please be advised that should the association invest in any improvement and upkeep of the
property, while that is appreciated, it is done at the risk that the City may at some point need the
property for other uses. If that is the case, the association will not be compensated for your investment.
Although we do not anticipate a need for the property, there is that outside chance.

Thank you for your desire to maintain the property in a safe and attractive manner. I am
forwarding a copy of this letter to Mike Svetz, Director of Parks and Recreation so that he is aware of our
conversation. Please feel free to contact him for advice on how to best maintain the site.

Jame E. Tolbert, AICP


Director

JET:sdp'

cc: Mike Svetz


Joshua Rady
Vice President
The Belmont Lofts Company
202 Douglas Ave, Unit 2F
Charlottesville, VA 22902

Jim Tolbert
Director of Neighborhood Development Services
City of Charlottesville
P.O. Box 911
Charlottesville, VA 22902

4/28/2008

Mr. Tolbert,

I am writing you on behalf of the Belmont Lofts Condominium Association


concerning the city owned property adjacent to ours, (Charlottesville Tax Map 57, Parcel
145C), known as the “C2 property.” Based on agreements made between the city and the
developer of our property (described below), we have acted as caretakers of the C2
property for the past three years. At this time we would like to make some landscaping
improvements that we believe will benefit the site.

In the Staff Report to City Council November 5, 2001 on the subject of rezoning
the CSX property, of which the C2 property was part, says “The City portion along the
creek will be maintained on its upper plateau, along with the rest of the common space,
by the [Belmont Lofts Condominium] Association.” Our understanding of this
commitment, as conveyed to us by the property’s developer Stonehaus Development, is
that in return for this maintenance we would be allowed recreational use of the property.
No structures were to be erected nor any modifications made that were inconsistence with
the Va DEQ’s remediation plan. Our association’s organizing documents incorporate this
understanding and commit us to the maintenance of the property.

Currently the property is unattractive. Several attempts to reseed the grass that
was originally planted have not been very effective. Without vegetation coverage the
property is subject to slow erosion, which will slowly weaken the topsoil barrier that
contains the contaminated subsoil, buried on the site. If this continues, in time runoff will
begin to contaminate the adjacent stream.

Our interest is to beautify and protect the property and improve the neighborhood
environment by expanding and enhancing the existing green-space. We also hope to
ensure the continued safety of the C2 property by reinforcing the stability of the topsoil
containment grading.

We believe that by planting some additional trees and shrubs we will be able to do
all these things. Trees and shrubs may grow where grass has thus far done poorly, and

1 of 2
should help stabilize the topsoil. Currently the plateau of the C2 property looks little
more than an empty lot. Some careful plantings will reclaim this sterile space and provide
the immediate neighborhood with more natural appearing green space.

We are eager to work with the city to achieve our mutual goals of maintaining the
property in a safe and attractive manner. We would like the guidance and expertise of the
Charlottesville Department of Parks and Recreation on how best to achieve this. Our
goal is to continue the role of stewardship, set out when our property was rezoned, in a
responsible manner. We believe that making some improvements to the C2 property’s
landscaping is consistent with this and will benefit the mutual interests of the City, the
neighborhood, and the residents of the Belmont Lofts.

Thank you for your time and attention in this matter. I respectfully request that
you send us a response so that we might know that our plans are in keeping with our
agreements with the city.

Sincerely,

Joshua M. Rady
For the Belmont Lofts Company

2 of 2
CITY OF CHARLOTTESVILLE
"A World Class City"

Department of Neighborhood Development Services


City Hall- P.O. Box 911
Charlottesville, Virginia 22902
Telephone 434-970-3182
Fax 434-970-3359
www.charlottesville.org August 25, 2008

Mr. Joshua Rady


Vice President
The Belmont lofts Company
202 Douglas Avenue, Unit 2F
Charlottesville, VA 22902

RE: Belmont Lofts Association - City Property 57-145C

Dear Mr. Rady:

Thank you for your letter regarding the Belmont lofts Condominium Association desire to use
the·city-owned property adjacent to yours (Charlottesville Tax Map 57, Parcel 145C) known' as the "C2
Property". I believe the proposal that you have made to plant this site in order to stabilize and beautify
is quite appropriate. I have researched the approvals given to the property ,and you are correct that
while it remains City property, your association has the right to maintain and use the property as
recreation space.

Please be advised that should the association invest in any improvement and upkeep of the
property, while that is appreciated, it is done at the risk that the City may at some point need the
property for other uses. If that is the case, the association will not be compensated for your investment.
Although we do not anticipate a need for the property, there is that outside chance.

Thank you for your desire to maintain the property in a safe and attractive manner. I am
forwarding a copy of this letter to Mike Svetz, Director of Parks and Recreation so that he is aware of our
conversation. Please feel free to contact him for advice on how to best maintain the site.

Jame E. Tolbert, AICP


Director

JET:sdp'

cc: Mike Svetz


From: Kristin Szakos
Sent: Wednesday, August 9, 2017 12:27 AM
CC: Adam Evans; Adam M. Hastings; Amy Laufer (amysteffes@hotmail.com); Bellamy, Wes;
Bruce Bolling (work); Burruss, Melvin A.; Green, Charlene; jpierce@bgclubcva.org; Jones,
Maurice; Leslie Thacker; malachi richardson (mar5da@virginia.edu); Melvin Wilson; Murphy,
Matthew; Murphy, Mike; Paul Harris; Quinton Harrell (Quinton.Harrell@regionten.org); Robert
Johnson; Atkins, Rosa; rydellhope123@gmail.com; Ellis, Gretchen; Gore, Michael
Subject: BMA Steering Committee Minutes 8/8/17
Attachments: Charlottesville Alliance for Black Male Achievement.docx

Kristin Szakos
Charlottesville City Councilor
1132 Otter St, Charlottesville, VA 22901
434-984-4022
434-987-1042
k.szakos@embarqmail.com
Charlottesville Alliance for Black Male Achievement
8/8/2017

Present: Mel Wilson, Gretchen Ellis, Matthew Murphy, Kristin Szakos, Wes Bellamy (via
phone)

Discussion on applications for the Youth Opportunity Coordinator

92 applicants screened by Kaki and Gretchen


22 serious applicants
Preliminary scoring on nine criteria – top 7 under consideration

Kaki, Gretchen and Matthew Murphy will do a phone interview with all 7 and recommend
2-3 finalists for panel interviews.

Who should be on the panels? Possibilities:

1) Evening: Wes Bellamy, Kristin Szakos, Rosa Atkins, Mike Gore, Eric Irizarry, Kaki
Dimock, Ella Jordan?

2) Adam Evans, Rafael Holland, Harold Folley and some kids/young men?

New Business: As co-chair Sarad Davenport has moved to Washington, we need to elect
another co-chair for the Steering Committee. This will be discussed at the next meeting.
Charlottesville Alliance for Black Male Achievement
8/8/2017

Present: Mel Wilson, Gretchen Ellis, Matthew Murphy, Kristin Szakos, Wes Bellamy (via
phone)

Discussion on applications for the Youth Opportunity Coordinator

92 applicants screened by Kaki and Gretchen


22 serious applicants
Preliminary scoring on nine criteria – top 7 under consideration

Kaki, Gretchen and Matthew Murphy will do a phone interview with all 7 and recommend
2-3 finalists for panel interviews.

Who should be on the panels? Possibilities:

1) Evening: Wes Bellamy, Kristin Szakos, Rosa Atkins, Mike Gore, Eric Irizarry, Kaki
Dimock, Ella Jordan?

2) Adam Evans, Rafael Holland, Harold Folley and some kids/young men?

New Business: As co-chair Sarad Davenport has moved to Washington, we need to elect
another co-chair for the Steering Committee. This will be discussed at the next meeting.
From: Signer, Mike
Sent: Saturday, August 12, 2017 8:40 AM
To: Brown, Craig
CC: Jones, Maurice; Murphy, Mike; Dickler, Miriam; Hill, Emil (WAS-WSW)
Subject: Body cameras question

Emil understands I'm going to be asked today about media access to body camera footage. What is the
answer on this? Are they exempt by FOIA?

-----
Mayor Mike Signer
City of Charlottesville
(434) 970-3113
A World-Class City
From: Signer, Mike
Sent: Monday, August 7, 2017 7:14 PM
To: Murphy, Mike; 'Hill, Emil (WAS-WSW)'; Baxter, Victoria (WAS-WSW); Jones, Maurice;
CLERK OF COUNCIL, x3113; Brown, Craig; Dickler, Miriam
CC: Massey, Paul (WAS-WSW); anntaylor49@gmail.com; Files, John (WAS-WSW); Leslie
Greene Bowman; emilyblout@gmail.com
Subject: Call tomorrow at 10:30 a.m.

All:

Emil and I just spoke. We would like to do a 10:30 a.m. conference call tomorrow where we can discuss
this further. He may send proposed documents out beforehand.

Thanks,

Mike

-----
Mayor Mike Signer
City of Charlottesville
(434) 970-3113
A World-Class City
From: Signer, Mike
Sent: Wednesday, August 9, 2017 4:00 PM
To: Jones, Maurice; Thomas, Al; Pleasants, Gary; Murphy, Mike
Subject: CBI concerns

Maurice, Al, Gary, Mike:

This is a special request regarding Congregation Beth Israel. I just spoke with Rabbi Tom Gutherz
there. Their current plans are to have a single outside security guard on Friday night and during the day
on Saturday. They have services at 6:15 p.m. on Friday night and 9-11 a.m. on Saturday. They are
obviously right next to Emancipation Park.

The rhetoric on the online sites right now is quite intensely anti-Semitic. This post on Daily Stormer
about the rally ends reads, "Next stop: Charlottesville, VA. Final stop: Auschwitz." This post on Daily
Stormer reads, "the cops are siding with us over the evil Jew Mayor Michael Singer and his Negroid
Deputy Wes Bellamy. We have it on good authority that the Chief of police is going to ensure that the
protest goes through as planned, regardless of what the ruling kike/Negroid powers are attempting." I
listened to a podcast yesterday with two of the organizers and they referred negatively to Jews and to the
fact that a synagogue was "two blocks away" from the rally. They also talked about how on Friday night
roving bands of ralliers will be defying restaurants who deny them service. This could add an element of
unpredictability on Friday night as well.

Given all of these variables I feel it would be prudent for us to have a more overt police presence near
CBI. Rabbi Gutherz suggested a car stationed in front of the building, and an offer nearby, which is the
customary practice during High Holidays services.

I would be grateful if I could connect someone from CPD to Rabbi Gutherz and CBI's Executive Director
Kathyrn Mawyer (I just forwarded you a message she sent).

Thanks in advance,

Mike

-----
Mayor Mike Signer
City of Charlottesville
(434) 970-3113
A World-Class City
From: Signer, Mike
Sent: Monday, August 7, 2017 7:18 PM
To: Michael.Collins@mail.house.gov
CC: David.Bowman@mail.house.gov; Ruth.Riley@mail.house.gov; Leslie Greene Bowman;
Jones, Maurice; Murphy, Mike
Subject: Charlottesville invitation

Michael:

Leslie Bowman has shared with me her correspondence with your office regarding an invitation for
Congressman Lewis to visit our town during August 12. Please know that that we would welcome
Congressman Lewis and his long and extraordinary career with welcome arms.

If I can do anything to encourage this possibility, please call me direct on my cell -- 434-284-2588. I
would be happy to talk with Congressman Lewis himself as well to give him more background and explain
our interest in his attendance.

Thank you for your consideration.

Mike Signer

-----
Mayor Mike Signer
City of Charlottesville
(434) 970-3113
A World-Class City
From: Galvin, Kathy
Sent: Wednesday, August 9, 2017 2:15 PM
To: alison.detuncq@uvacreditunion.org
CC: Jones, Maurice; Ikefuna, Alexander; Murphy, Mike
Subject: Charlottesville west Main Street follow up

Good Day Alison,

I hope this finds you well and enjoying your summer. We have been "busy beavers" here in Charlottesville, acting
on your recommendations ever since you and Greg toured West Main Street with us on June 28. First, Alex
convened a meeting with Chuck Proctor which resulted in some very useful guidance on our applications to
VDOT. Second, I reached out to Delegate David Toscano, who is more than happy to meet with me, Mayor Signer,
city staff and your colleague on the CTB, Carlos Brown to discuss costs associated with under grounding utilities (a
third of the project budget). The latter is the reason for my email however.

Would you advise that I first contact Mr. Brown either by phone or email, to explain the purpose of our meeting,
before sending him an invitation to this meeting? If you have other suggestions, those too would be
appreciated. Many thanks for all of your assistance to date on this important project.

Best Regards,
Kathy
Kathleen M. Galvin, Architect AIA
Charlottesville City Councilor
From: Jones, Maurice
Sent: Saturday, August 12, 2017 7:54 AM
To: Council
Subject: Command Center Update

Council,

Here’s your first update of the day:

 The Command Center is up and running in Downtown. Representatives from the Police
Department, City Manager’s Office (Mike and I), Virginia State Police, and our Regional
Emergency Operations Center are present.
 The Joint Information Center (JIC) is also open in Downtown with Public Information Officers
from the City and Virginia State Police overseeing communications.
 The Emergency Operations Center (EOC) is also open at Zehmer Hall
 Last night’s march resulted in a couple of minor injuries and one arrest. As the great
majority of the march occurred on the grounds of the University the law enforcement
response was coordinated by UVA police. We offered assistance yesterday evening and
were told they had “ample” resources. We provided assistance once called upon by
UVA. That occurred pretty much after the altercation between the alt right group and the
counter protestors.
 The streets around Emancipation Park have been closed. City and State Police are located
throughout downtown. We will have a significant presence today.

All the Best,


Maurice

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org
From: Jones, Maurice
Sent: Saturday, August 12, 2017 2:09 PM
To: Signer, Mike
Subject: Comment

Mr. Mayor,

Feel free to use this if you’d like:

“We are angry about what happened in our City today. This is not the Charlottesville that we know and
love. This is not the Charlottesville that welcomes people of all backgrounds and cherishes our diversity.
We ask our residents to join us in praying for those who were injured in the heartbreaking incident on
Water Street. And for everyone’s safety as we continue to address this emergency situation.”

Maurice

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org
From: Signer, Mike
Sent: Thursday, August 3, 2017 1:59 PM
To: Nelson, Louis P. (ln6n); Leslie G. Bowman; emilyblout@gmail.com; Joshua DuBois
CC: Jones, Maurice; Murphy, Mike
Subject: Connections

Louis -- in the event that UVA does not become the location for UnityCville programming, I wanted to
connect you with Leslie Bowman at Monticello, who has played a leading role in recent weeks in leading
the community to develop proactive steps about the activities the community has on 8/12 and the story
that is told, and my wife Emily Blout, also an incoming Media Studies professor at UVA, who has a lot of
experience in these matters. We just got off a call with Joshua Dubois, who had previously put us in
touch with Reverend Barber, also included here. All, Louis is Vice Provost for Outreach at UVA and has
done a ton of work advocating internally for them playing a role.

Louis, we brainstormed on our call a bit about alternative locations and the potential speakers still in the
mix, and were thinking about a UVA leader with bandwidth and energy to help put together
activities. Especially if Grounds doesn't work out, you naturally leaped to mind. So I just wanted to
make the quick connection now. We still have invitations out to John Lewis and Michelle Obama and
others as well. One possible new location that came up is Piedmont Virginia Community College, which
could certainly handle a couple of thousand people who might see a major speaker. I'm reaching out to
Frank Friedman as well.

Feel free to update us, and we will send around news as different invitees come back in. I'm also looping
Maurice and Mike with the City so they're informed.

Thanks,

Mike
-----
Mayor Mike Signer
City of Charlottesville
(434) 970-3113
A World-Class City
From: Bob Fenwick
Sent: Wednesday, August 9, 2017 4:45 PM
To: Jones, Maurice; Council; Thomas, Al
Subject: Council briefings

Maurice,
Is anybody on council getting briefed on preparations or intelligence gathered for this
weekend?
Bob
From: Signer, Mike
Sent: Thursday, August 3, 2017 1:28 PM
To: Jones, Maurice; Dickler, Miriam; Murphy, Mike; Thomas, Al
Subject: Crisis Communications

All:

I just got off a conference call with Leslie Bowman and Monticello and Joshua Dubois, who runs Value
Partnerships. Leslie has taken an especially strong interest in the image that the region comes out of
August 12 with. I've briefed Maurice and Mike on this before. They are strongly recommending, given
our experience from July 8, that we consider retaining a crisis communications firm to help us over the
next week to help craft the image that the City comes out of this week and next weekend with.

They can help with social media. They could pitch op-eds, guide media that comes out of the weekend,
and direct more coverage and video toward unity-related events. Joshua, for instance, pointed out that
the USA Today story does feature a young girl holding up a hope
sign: https://www.usatoday.com/story/news/nation-now/2017/07/08/kkk-holds-rally-virginia-and-met-
protesters/462146001/ We want more of that. And of course they can help handle unanticipated crises
that come up.

I've asked to receive three proposals by noon tomorrow. The expected range of expense would be
between $5,000 and $15,000. I expect that Council would support this. I will send you what I hear
next.

Mike
-----
Mayor Mike Signer
City of Charlottesville
(434) 970-3113
A World-Class City
From: Galvin, Kathy
Sent: Sunday, August 13, 2017 3:23 PM
To: Jones, Maurice
CC: Thomas, Al
Subject: Curfew question

Hello Maurice,

Does chief Thomas still have the power to establish a curfew at will, today and/or tonight if necessary,
should he and his officers see groups equipped with shields, clubs and other weapons starting to
coalesce downtown again?

Many thanks.
Kathy
Kathleen M. Galvin, AIA
Charlottesville City Councilor

On Aug 13, 2017, at 2:39 PM, Jones, Maurice <MJONES@CHARLOTTESVILLE.ORG> wrote:

The event is over near City Hall. Mr. Kessler's press conference lasted less than
five minutes. Apparently he was assaulted when the crowd converged on him.
One person was arrested for punching Mr. Kessler. He had to be taken briefly into
City Hall before being escorted to his car.

There no other incidents and no injuries.

Sent with Good (www.good.com)

From: Jones, Maurice


Sent: Sunday, August 13, 2017 2:04:43 PM
To: Council
Subject: RE: Inquiries about emergency declaration, police orders Saturday

The crowd converged on Mr. Kessler and he is now being escorted away from the
scene.

Sent with Good (www.good.com)

From: Jones, Maurice


Sent: Sunday, August 13, 2017 2:02:10 PM
To: Council
Subject: RE: Inquiries about emergency declaration, police orders Saturday

Councilors,

Mr. Kessler's event has begun. Sizable but manageable crowd. Peaceful so far.

Maurice

Sent with Good (www.good.com)

From: Jones, Maurice


Sent: Sunday, August 13, 2017 1:14:58 PM
To: Council
Subject: FW: Inquiries about emergency declaration, police orders Saturday

FYI

Sent with Good (www.good.com)

From: Dickler, Miriam


Sent: Sunday, August 13, 2017 1:09:21 PM
To: Suarez, Christopher; 'Geller, Corinne'; Upman, Steve
Cc: Thomas, Al; Jones, Maurice; 'dwalker3@albemarle.org'
Subject: RE: Inquiries about emergency declaration, police orders Saturday

Hi Chris –

I’m sitting next to Corinne, so this is a comprehensive response.

There was no such order issued at any time by any authority or at any level yesterday.

Charlottesville Police is the lead agency with support of the Virginia State Police and our
other local partners. Law enforcement personnel were staged in multiple locations
around Emancipation and McIntire Park and road closures for rapid response. Officers
responded to a number of fights in and around the park and the City. You can see video
of some of this response on the Virginia State Police Facebook page.

Hope that helps.

Miriam

**************
Miriam I. Dickler
Director of Communications
Office 434.970.3129
Cell 434.260.2433

From: Suarez, Christopher M. [mailto:csuarez@dailyprogress.com]


Sent: Sunday, August 13, 2017 12:47 PM
To: 'Geller, Corinne'; Upman, Steve
Cc: Thomas, Al; Jones, Maurice; 'dwalker3@albemarle.org'; Dickler, Miriam
Subject: Inquiries about emergency declaration, police orders Saturday

Corinne,

I hope you’re OK. I have a few questions about what happened yesterday.

Did VSP and local police receive ‘stand down’ orders for the rally yesterday? I’ve heard
many anectdotes alleging that or that police had orders to not intervene in any of the
street fighting unless they were ordered to do so … by someone. Not sure who that
would be. (CPD Capt. Victor Mitchell? Chief Al Thomas? A VSP commander?)

Can you please help clear the air on this?

Who was in charge of the scene in Emancipation Park, the general downtown area? And
were there specific orders to LEO assigned to the area about what should be done in
case of fighting in the streets?

<image001.png>
Staff Writer
Christopher Suarez
685 West Rio Road
Charlottesville, VA 22901
direct 434 978 7274 | mobile 571 722 3640
csuarez@dailyprogress.com | www.dailyprogress.com

<image002.png><image003.png> <image004.png>

<image005.png>
From: Signer, Mike
Sent: Thursday, August 3, 2017 11:14 AM
To: Brown, Craig; Jones, Maurice; Engel, Chris
CC: Rice, Paige
Subject: Dewberry/parking

Craig, Maurice, Chris -- in calmer waters, I received a call from Jason Hicks today, Dewberry's
attorney. This was about the bid that would need to happen for the parking piece to go forward. He
was advising that an ordinance needs to be passed, and Council choose a bid, and an advertisement
placed ahead of time, and a couple of other pieces I'm probably unaware of. All that seems fine to
me. The main concern he had was time (the minimum seems to be two months) and making sure that
this gets into process and our planned agendas sooner rather than later, which I also strongly support.

I of course would like to know any complexities or issues of which I'm unaware, but setting those aside,
this is a request to all parties that we expedite Council's consideration in upcoming meetings of the items
necessary to the parking part of the agreement for the redevelopment of the Landmark Hotel. If we could
get started in September I think that would be ideal.

Please advise. Thanks as always.

Mike

-----
Mayor Mike Signer
City of Charlottesville
(434) 970-3113
A World-Class City
From: Signer, Mike
Sent: Thursday, August 3, 2017 1:39 PM
To: Murphy, Mike; Jones, Maurice
Subject: DOJ Community Relations Service

Mike, Maurice -- did anyone reach out to their office after the call with Grande Lum on 7/21? If so, what
happened? If not, should one of us call right now?

Mike

-----
Mayor Mike Signer
City of Charlottesville
(434) 970-3113
A World-Class City
From: Galvin, Kathy
Sent: Friday, August 4, 2017 3:35 PM
To: Council
CC: Jones, Maurice; Murphy, Mike
Subject: draft statement of economic principles for a Creative, Equitable, Place-based economy
Attachments: CreativeEquitablePlaceBased_GALVIN080317.docx; ATT00001.htm

Hello Council,

As you know, we will be discussing an MOU on Economic Development with


the Albemarle County Board of Supervisors (BOS) during the Summit on
September 19. What you may or may not know however, is that the County
already has its own “Economic Vitality Action Plan” (created in 2010 and
amended in 2012.) It therefore may make sense for the Charlottesville City
Council to establish its own set of economic principles prior to engaging in a
discussion about economic development with the BOS at this year's Summit.

The “three legged stool” of Creative, Equitable and Place-Based was actually born
out of our discussions last year during the City/County Summit in October 2016.

Please let me know individually, if you’d be interested in discussing and possibly


adopting something like this short set of principles prior to the Summit so it can
get on either the August 21, September 5 or September 18 agenda. I also welcome
working with one other councilor and staff, to word smith this document.

Again, please just respond to me so as to avoid violating open meeting laws. Many
thanks.

Best,
Kathy

Kathleen M. Galvin, Architect AIA


Resolution: Principles for a Creative, Equitable, Place-based Economy “Galvin Draft”-08/04/17
WHEREAS the City of Charlottesville [herein referred to as the City] has a Strategic Plan that calls for: 1.) a community of
self-sufficient and resilient residents; 2.) a healthy and safe city; 3.) a beautiful and sustainable natural and built
environment; 4.) a strong and diversified economy; and 5.) a well-managed and responsive government.

WHEREAS the Charlottesville Comprehensive Plan’s vision for economic sustainability is built upon a competitive
workforce; innovation; strengthening existing businesses and community partnerships; tourism and the downtown mall;

WHEREAS the City embraces creativity, innovation and growing a diverse, skilled workforce and entrepreneurial class;

WHEREAS the City is committed to equity and ensuring that economic mobility, opportunity and shared prosperity are
available to all citizens, regardless of age, gender, gender preference, race, religion or ethnicity;

WHEREAS the City is a healthy, sustainable and authentic place that thrives while safeguarding the health of our planet.

BE IT RESOLVED that the City Council adopts the following principles for a creative, equitable, place-based economy.

#1: Grow, diversity and support a local creative economy in a wide array of sectors, including but not limited to
innovation, technology, health, manufacturing, construction, local foods, beverages and crafts, finance, hospitality,
retail, education and government in order to generate self-sustaining, career-ladder employment and entrepreneurship
opportunities for all citizens, most especially minorities, people of color and women.

#2: Promote greater family self-sufficiency by ensuring that a broad range of excellent affordable housing,
transportation and childcare opportunities are available throughout the city for all households at various stages of life.

#3: Create a globally competitive workforce by promoting life-long learning tied to excellent, affordable educational and
workforce development programs as well as paid apprenticeships for youth and adults.

#4: Use strategic planning and public investment to pursue equitable, and inclusive, redevelopment that: diversifies the
city’s tax base; produces local jobs; fosters business growth; builds more supported affordable and workforce housing
without displacement or isolating poverty; coordinates and “leverages” private investment in the City; and regularly
engages the full community in the process.

#5: Build upon Charlottesville’s unique physical character and commitment to sustainability that make it a healthy,
walkable, bike-able, authentic and attractive place to live work, and play by; investing in street improvements and public
spaces; promoting planning, development and design excellence that respects and promotes inclusive neighborhoods;
safeguarding historic, natural and cultural landscapes and expanding multi-modal transportation options.

#6: Develop and monitor performance indicators on cost of living, business growth, local workforce competitiveness,
social-economic mobility and poverty reduction, and returns on public investment (i.e. unemployment rates, median
incomes, wages, homeownership rates and educational attainment by socio-economic groups; sales and business-
related tax receipts; building starts; assessments; median home prices and rental rates; commercial occupancy/vacancy
rates; etc.) so as to identify trends on a quarterly or biennial basis in keeping with the City’s Strategic Plan.

#7: Promote active partnerships at the local, regional and state level between the City of Charlottesville and other
community institutions, organizations and agencies such as: Albemarle County; Central Virginia Partnership for
Economic Development, Piedmont Workforce Network, Chamber of Commerce, Diversity Business Council,
Charlottesville Investment Collaborative, Charlottesville Business Innovation Council, Thomas Jefferson Planning
District Commission, Public Schools, University of Virginia, Piedmont Virginia Community College, Charlottesville
Albemarle Technical Education Center, Adult Career and Education Center, Literacy Volunteers of America, private
industry and others so as to promote economic mobility within a thriving economy for the benefit of all citizens.
Resolution: Principles for a Creative, Equitable, Place-based Economy “Galvin Draft”-08/04/17
WHEREAS the City of Charlottesville [herein referred to as the City] has a Strategic Plan that calls for: 1.) a community of
self-sufficient and resilient residents; 2.) a healthy and safe city; 3.) a beautiful and sustainable natural and built
environment; 4.) a strong and diversified economy; and 5.) a well-managed and responsive government.

WHEREAS the Charlottesville Comprehensive Plan’s vision for economic sustainability is built upon a competitive
workforce; innovation; strengthening existing businesses and community partnerships; tourism and the downtown mall;

WHEREAS the City embraces creativity, innovation and growing a diverse, skilled workforce and entrepreneurial class;

WHEREAS the City is committed to equity and ensuring that economic mobility, opportunity and shared prosperity are
available to all citizens, regardless of age, gender, gender preference, race, religion or ethnicity;

WHEREAS the City is a healthy, sustainable and authentic place that thrives while safeguarding the health of our planet.

BE IT RESOLVED that the City Council adopts the following principles for a creative, equitable, place-based economy.

#1: Grow, diversity and support a local creative economy in a wide array of sectors, including but not limited to
innovation, technology, health, manufacturing, construction, local foods, beverages and crafts, finance, hospitality,
retail, education and government in order to generate self-sustaining, career-ladder employment and entrepreneurship
opportunities for all citizens, most especially minorities, people of color and women.

#2: Promote greater family self-sufficiency by ensuring that a broad range of excellent affordable housing,
transportation and childcare opportunities are available throughout the city for all households at various stages of life.

#3: Create a globally competitive workforce by promoting life-long learning tied to excellent, affordable educational and
workforce development programs as well as paid apprenticeships for youth and adults.

#4: Use strategic planning and public investment to pursue equitable, and inclusive, redevelopment that: diversifies the
city’s tax base; produces local jobs; fosters business growth; builds more supported affordable and workforce housing
without displacement or isolating poverty; coordinates and “leverages” private investment in the City; and regularly
engages the full community in the process.

#5: Build upon Charlottesville’s unique physical character and commitment to sustainability that make it a healthy,
walkable, bike-able, authentic and attractive place to live work, and play by; investing in street improvements and public
spaces; promoting planning, development and design excellence that respects and promotes inclusive neighborhoods;
safeguarding historic, natural and cultural landscapes and expanding multi-modal transportation options.

#6: Develop and monitor performance indicators on cost of living, business growth, local workforce competitiveness,
social-economic mobility and poverty reduction, and returns on public investment (i.e. unemployment rates, median
incomes, wages, homeownership rates and educational attainment by socio-economic groups; sales and business-
related tax receipts; building starts; assessments; median home prices and rental rates; commercial occupancy/vacancy
rates; etc.) so as to identify trends on a quarterly or biennial basis in keeping with the City’s Strategic Plan.

#7: Promote active partnerships at the local, regional and state level between the City of Charlottesville and other
community institutions, organizations and agencies such as: Albemarle County; Central Virginia Partnership for
Economic Development, Piedmont Workforce Network, Chamber of Commerce, Diversity Business Council,
Charlottesville Investment Collaborative, Charlottesville Business Innovation Council, Thomas Jefferson Planning
District Commission, Public Schools, University of Virginia, Piedmont Virginia Community College, Charlottesville
Albemarle Technical Education Center, Adult Career and Education Center, Literacy Volunteers of America, private
industry and others so as to promote economic mobility within a thriving economy for the benefit of all citizens.
From: Signer, Mike
Sent: Tuesday, August 8, 2017 3:12 PM
To: Murphy, Mike; Jones, Maurice
Subject: Emil

Just let me know he still hasn't heard about the contract they sent this morning.

Sent from my iPhone


From: Signer, Mike
Sent: Wednesday, August 9, 2017 8:25 PM
To: Jones, Maurice; Thomas, Al
Subject: Emil Hill

I wanted you both to see the background of Emil Hill, our senior advisor at Powell Tate. You can see his
bio here and below. He's worked for seven years on the Kellogg Foundation's Truth, Racial Healing, and
Transformation project, which has worked in 14 communities around the country.

He will be in Charlottesville on Thursday and Friday. I highly recommend carving out some time to meet
with him. I will give you a call to follow-up. Thanks.

Mike

Emil develops integrated communications campaigns on behalf of government and corporate


clients. His current clients include the U.S. Army, the U.S. Army Reserve, the Tiger Woods
Foundation and Federal Realty, a leading real estate investment trust. As a senior counselor for
U.S. Army’s Army Strong Campaign, Emil manages a broad range of program activity across
Weber Shandwick offices. On behalf of the Army Reserve, he provides ongoing strategic counsel
to help communicate the Chief of the Army Reserve’s priorities and objectives. Before joining
Powell Tate, Emil worked with Manning Selvage & Lee, where he directed integrated
communications programs for corporate, nonprofit and government clients including Verizon,
National Geographic Foundation, the U.S. Army and George Washington University.

-----
Mayor Mike Signer
City of Charlottesville
(434) 970-3113
A World-Class City
From: Signer, Mike
Sent: Sunday, August 13, 2017 7:27 AM
To: Council
Subject: Fundraiser for Susan Bro by Felicia Venita Correa : Our Sister's Keeper #HeatherHeyer

Council, FYI:

https://www.gofundme.com/our-sisters-keeper-heatherheyer

Sent from my iPhone


From: Jones, John on behalf of FEEDBACK/TRANSIT [transit@charlottesville.org]
Sent: Friday, August 11, 2017 1:13 PM
To: Jones, Maurice; Dickler, Miriam; Thomas, Al; Beauregard, Leslie
Subject: FW: 8/12

I just received this .

No, we are not shutting down, just detouring.

I will not be responding to this hatemonger.

John Jones, Transit Director


City of Charlottesville
1545 Avon Street Extended
Charlottesville, VA 22902
jonesjo@charlottesville.org
V. (434) 970-3844
F. (434) 970-3841

Pupil Transportation

From: Evan Knappenberger [mailto:evan.m.knappenberger@gmail.com]


Sent: Friday, August 11, 2017 1:05 PM
To: FEEDBACK/TRANSIT
Subject: 8/12

Dear CAT,

I hope you can consider shutting down tomorrow, 8/12. The nazis are planning on using CAT
buses, as well asthe anarchists. (https://bbs.dailystormer.com/t/charlottesville-
logistics/127206/43)

The potential for violence is high and won't be restricted to the parks. Please consider shutting
down all service.

Thanks,
Evan Knappenberger
Charlottesville Center For Peace and Justice
--

E.K. Knappenberger
From: Thomas, Al
Sent: Friday, August 11, 2017 10:58 AM
To: Lewis, Wendy
Subject: FW: ACLU lawsuit
Attachments: Notice of Complaint Filed, Kessler v. City of Charlottesville, et al.

Al S. Thomas
Chief of Police
Charlottesville Police Department
(434) 970-3289

From: Brown, Craig


Sent: Thursday, August 10, 2017 7:58 PM
To: Suarez, Christopher
Cc: Gore, Michael; Robertson, Lisa; Jones, Maurice; Thomas, Al
Subject: RE: ACLU lawsuit

Chris: I am currently reviewing the allegations of their Complaint and awaiting their additional filings
(see attached email).

I wasn’t part of the conversations you reference so I can’t comment on them. I won’t have anything else
before tomorrow.

Craig

From: Suarez, Christopher M. [mailto:csuarez@dailyprogress.com]


Sent: Thursday, August 10, 2017 7:51 PM
To: Brown, Craig
Cc: Gore, Michael; Robertson, Lisa; Jones, Maurice; Thomas, Al
Subject: ACLU lawsuit

Craig,

We got a hold of this ACLU lawsuit at the end of business today .. I’m working late. I figured I’d at least
try to reach out to see if you could provide a statement.

There are claims in the lawsuit that the city went back and forth with Kessler on whether it would
provide security at Emancipation Park. Not sure whether you, Maurice or Chief Thomas could refute or
attest to that.

Staff Writer
Christopher Suarez
685 West Rio Road
Charlottesville, VA 22901
direct 434 978 7274 | mobile 571 722 3640
csuarez@dailyprogress.com | www.dailyprogress.com
From: Hope Amezquita
Sent: Thursday, August 10, 2017 6:08 PM
To: Brown, Craig
CC: Doug R. McKusick; John W. Whitehead; Leslie Mehta; vmg@robinhoodesq.com; Claire
Gastanaga
Subject: Notice of Complaint Filed, Kessler v. City of Charlottesville, et al.
Attachments: KesslerComplaint20170810.pdf; Summons- Maurice Jones, City Manager.pdf;
Summons-City of Charlottesville.pdf

Importance: High

Mr. Brown:

Please find attached the complaint we have just filed in the Western District of Virginia. We will be filing
an expedited motion and memo shortly. If you have any questions, please call Claire Gastanaga 804-
523-2146.

Sincerely,
Hope

Hope R. Amezquita
Staff Attorney & Legislative Counsel
ACLU of Virginia
701 E. Franklin St., Ste. 1412
Richmond, VA 23219
■ o 804.523.2151 ■ hamezquita@acluva.org
■ f 804.649.2733
www.acluva.org

This message may contain information that is confidential or legally privileged. If you are not the intended recipient, please
immediately advise the sender by reply email that this message has been inadvertently transmitted to you and delete this email from
your system.
3544 iRc t16;171 CIVIL COVER SHEET
The is 44 civil cover sheet and the infbrmation contained herein neither replace nor supplement the filing and service or pleadings or other papers as required by law, except as
provided 1w local rules or court This harm, approved by the Judicial Conlerence of the United States In September 1974. is required br the use of the Clerk ol Court or the
purpose of iniliaiingthe civil docket sheet SH INAIRItIYLVS()NNIVII’A(ih (IF tillS HIllS!)

I. (a) PLAINTIFFS DEFENDANTS


Jason Kessler City of Charlottesville and Maurice Jones, Charlottesville City
Manager, In his official and individual capacities
(U) Count’ of Residence of First Listed I’latntilT y of Charbttesville County of Residence of First Listed I)elndwit 4yof Charlottesville
(I..V():I’H:VFS.I’L4IAiIII(.4M,) (I;VI’S P/A/Nil!) lAS/SUM))
NOTE IS I AND CO\DFMN.VrtuN CASES. ISP TilE I OCATIUN OF
THE 1 RACTOE I AND 1NVOI.\ ED.

( c) Att,srne S I? irs, A ‘“or 1,3 Iris’. / I e/rphn;wNii;,;berj


.
Attorneys (II II’”)

Leslie Mehta/Hope Amezquita, ACLU of Virginia, 701 E. Franklin Street, S. Craig Brown, City Attorney’s Office, P.O. Box 911, Charlottesville,
Suite 1412, Richmond, VA 23219, 804-644-8080; Victor Glasberg, Victor VA 22902, (434-970-3101)
M. Glasberg & Associates, 703-684-11 00, John Whitehead/DouglasMcK

II. BASIS OFjURISDICTIONci’n,,ep,’.,oci,,emiruni,1 III. CITIZENSHIP OF PRINCIPAL PARTIESq’IUL,,,I ,,ir)n,Ib’r/,ri’IaeIif(


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(u/vet/i) traits Ic r Direct I-


Cite the U S. Civil Statute under which you are filing (Do ‘in; c/te j,athdktb,nai sintu;n aankn dit-cniØ-)
Article Ill of the Constitution and 28 U.S.C. 1331
I. CAUSE OF A CTION I3rtef description of cause
violation of First Amendment.
VII. REQUESTED IN D CHECK anus ISA (‘LASSACTION DEMANDS CllI.CK YISonlv ifdetnanded incomplatni
COMPLAINT: UNDER RULE 23, F.R.Cv I’ .IUI{i DEMAND: 5< Yes ;1No
VIII. RELATED CASE(S)
(Sec in Ora,r;I,ln s/
,

IF ANi JUDGE DOCKI. F NIIMI3IR


DATE SIGNATURE OF AHORNEY OF RECORD
08/10/2017 I/s/I HopeR. Amezguita
FOR OFFICE (ISEONI,j

RECEIPTS AMO1JNr APPLYING IFP JUDGE Nt-SO. JtIDGU


UNiTED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA

(Charlottesville Division)

JASON KESSLER. ) Case No.


)
Plaintiff, ) COMPLAINT FOR
DECLARATORY AND
v. ) INJUNCTIVE RELIEF
AND DAMAGES
CITY OF CHARLOTTESVILLE
)

and I )

MAURICE JONES,
Charlottesville City Manager
In his official and individual capacities,

Defendants. )
)
VERIFIED COMPLAINT

PRELIMINARY STATEMENT

1. The First Amendment guarantees political speech, including protest, the highest

level of protection—and the right to speak out is most robust in traditional public fora, including

public parks and streets. Since this country’s founding, people have taken to the parks, streets, and

sidewalks to make their voices heard on matters of public concern. This case is about viewpoint

discrimination by Defendants against Plaintiff. Plaintiffs views are highly controversial and have

evoked strong protests and demands heard by City Council that his permit be revoked.

2. Plaintiff seeks to exercise his protected right to protest in a public park by

organizing a rally in Emancipation Park (“the Park”) on August 12, 2017.


3. Plaintiff wishes to communicate a message that relates directly to the Park—

specifically, his opposition to the City’s decisions to rename the Park, which was previously

known as “Lee Park,” and its plans to remove a statue of Robert E. Lee from the Park.

4. On June 13, 2017, Defendants granted Plaintiff a permit to hold his rally in the Park

on August 12, 2017. In the following weeks. Defendants granted organizations that oppose

Plaintiffs message permits to counter-protest in other public parks just blocks away from the Park.

5. On August 7, 2017, less than a week before the long-planned and permitted event

in the Park, however, Defendants notified Plaintiff in a press conference and by letter (Exhibit B)

that they were revoking Plaintiffs permit and “modif{yingj” their permission to allow Plaintiff to

hold his rally in Mclntire Park only. Mclntire Park is not connected to Plaintiffs message, and is

located more than a mile from the Park.

6. In the August 7 letter, Defendants explained their decision by saying that “it [camel

to the City’s attention that many thousands of individuals are likely to attend the demonstration.”

Defendants further asserted that the City would be “unable to accommodate safely even a peaceful

crowd of this size” in the Park.

7. Defendants have permitted events with audiences numbering several thousand in

the Park in the past, and the events have proceeded without incident. The Charlottesville Police

Department has never before suggested that it would be unable to handle crowds downtown during

festivals held in Emancipation Park that have drawn many thousands of people.

8. While the government may impose narrowly-drawn time, place, and manner

restrictions on the exercise of the rights to speak, petition or assemble, including permit

requirements, the First Amendment prohibits the government from blocking a protest based on its

content or viewpoint, or based on how the government anticipates others will respond to the

2
protest. The revocation of Plaintiffs permit was based on his viewpoint and was not necessary to

achieve any compelling governmental interest.

9. Plaintiffs constitutional rights will be violated, and irreparable harm will result, if

the Court does not provide immediate relief enjoining Defendants from preventing or impeding

Plaintiffs constitutional rights to free speech, petition, and assembly.

PARTIES

10. Plaintiff Jason Kessler is an adult natural person who resides in the Commonwealth

of Virginia.

II. Defendant City of Charlottesville (“the City”) is a political sub-division of the

Commonwealth of Virginia.

12. Defendant Maurice Jones is an adult natural person who is the City Manager for

the City of Charlottesville in the Commonwealth of Virginia. At all times relevant, Defendant

Jones acted and continues to act under color of state law. Defendant Jones is sued in his official

and individual capacities.

JURISDICTION AND VENUE

13. This case arises under the United States Constitution and the laws of the United

States. The case presents a federal question within this Court’s jurisdiction under Article III of

the Constitution and 28 U.S.C. § 1331; this Court also has jurisdiction under 28 U.S.C. § 1343(3)

to redress the deprivation, under color of state law, of any right, privilege, or immunity secured

by the Constitution of the United States.

14. The case seeks remedies under 28 U.S.C. § 2201 and 2202,42 U.S.C. § 1983

and 1988, and Fed. R. Civ. P. 65. This Court may issue a temporary restraining order and

preliminary injunction pursuant to Fed. R. Civ. P. 65(b).


3
15. Venue is proper in this district under 28 U.S.C. § 139 1(b) because a substantial

part of the events or omissions giving rise to Plaintiffs claims occurred in this District.

STATEMENT OF FACTS

From Lee Park to Emancipation Park

16. The City of CharlottesvilLe owns the park bounded by Jefferson Street, First Street

N.E., Market Street and Second Street N.E (“the Park”).

17. HistoricalLy, the Park was known as “Lee Park.” On June 5,2017, the City renamed

the Park “Emancipation Park.”

18. Emancipation Park houses a statue of Robert E. Lee. The City plans to sell the

statue and have it removed from the Park,

19. The City’s decision to rename the Park and sell the statue have resulted in a number

of protests in the Park, one involving a gubernatorial candidate and another an unpermitted

nighttime torchlit march on May 13, 2017 in which Plaintiff and others who plan to attend the

12h
August rally participated.

20. Plaintiff opposes both the name change and the planned removal of the statue. To

communicate his political message, Plaintiff sought to organize a “Unite the Right” rally in the

Park to express opposition to both decisions by the City.

21. Plaintiffs choice of location is critical to the message of the rally, which

specifically opposes two City policy choices about the Park. Holding the protest elsewhere would

dilute and alter Plaintiffs message.

Defendants Granted Plaintiffs Permit

4
22. Defendants require persons wishing to exercise their First Amendment rights on its

public land to obtain a permit from the City’s Events Coordinator. See City of Charlottesville

Standard Operating Procedure (“SOP”) § 3.2.

23. Wishing to exercise his right, Plaintiff duly submitted an application to the City of

Charlottesville on May 30, 2017. Plaintiff applied for a permit to hold a “[f]ree speech rally in

support of the Lee monument” in the Park on Saturday, August 12, 2017. (Exhibit A).

24. In the permit application, Plaintiff estimated that approximately four hundred

people would demonstrate at the planned rally. (Exhibit A).

25. Pursuant to City of Charlottesville SOP § 3.4.6(b), the City granted Plaintiffs

permit application on June 13, 2017.

Defendants Revoked Plaintiffs Permit

26. On August 7, 2017, more than a month after granting the permit and less than a

week before the planned rally—Defendant Maurice Jones sent Plaintiff a letter on behalf of the

City. (Exhibit B).

27. In the Letter, Defendants “denied” or “revoke[d]” the permit for the demonstration

in Emancipation Park. (Exhibit B)

28. Defendants also purported to “modiflyf Plaintiffs permit “to specify that the

demonstration take place at Mclntire Park,” rather than the Park. (Exhibit B)

29. Mclntire Park is not connected to Plaintiffs message, which centers on the City’s

policy decisions regarding Emancipation Park and the Lee statue in the Park.

30. In addition, Mclntire Park is located more than a mile away from Emancipation

Park.

5
3!. Relocating to Mclntire Park would substantially undermine Plaintiff’s ability to

communicate his message about the renaming of Emancipation Park and the decision to remove

the Lee statue from the Park.

32. Defendants say they revoked the permit for Emancipation Park because “it [came)

to the City’s attention that many thousands of individuals are likely to attend the demonstration.”

Defendants did not identify the source of this estimate. Based on the unsupported crowd estimate,

Defendants asserted that the City would be “unable to accommodate safely even a peaceful crowd

of this size” in Emancipation Park, and that “the presence of such a large demonstration in

Emancipation Park would . . . lead[ Ito massive traffic congestion[.j” (Exhibit B).

33. Defendants have acknowledged that “[t)he use of Mclntire Park will still require

the deployment of considerable law enforcement resources[.J

34. Moreover, the City Police Department is now preparing for the possibility that

people will gather at both parks during the rally. The City has announced that it plans to deploy

resources in the downtown area at and around Emancipation Park, negating any possible safety or

traffic congestion benefit from moving the rally to Mclntire Park.

35. In the August 7, 2017 letter, Defendants said that holding the rally in Emancipation

Park would “lead[ to massive traffic congestion” due to road closures. Moving the rally to

Mclntire Park has not alleviated this concern. Instead, the City’s preliminary plans for managing

the August 12 events include the possibility of road closures during the rally. (Exhibit B)

36. The City granted permits for demonstrations opposing Plaintiffs views to occur on

August 12, 2017 in Justice and McGuffey Parks locatedjust blocks away from Emancipation Park

in the same downtown area. Those demonstrations are said to be organized to protest “the messages

of racial intolerance and hatred advocated by” the persons attending the demonstration in the Park.

6
Upon information and belief, the organizers of these other events have encouraged and expect an

attendance of more than 1,000 persons.

37. Despite their allegation that the decision to revoke Plaintiffs permit was not based

on the views he wishes to express, but on the numbers of possible participants, Defendants have

taken no action to modify or revoke the permits issued for demonstrations by (hose with opposing

views.

38. The City’s concerns about holding the rally in the Park appear to stem, at least in

part, from fears of how counter-protesters will respond to the rally. In explaining its plans to

prepare for rallies at both Emancipation Park and Mclntire Park, the City explained that “[wjith

large crowds of individuals with strongly held and potentially opposing beliefs, there is also the

potential for conflict.” See City preparing for large crowds Saturday, Daily Progress (Aug. 9,

2017), available at \ L LI gres mine s/cH\ -lucp4II!1g I” Ligs

satLIaIa\/artiLlc 94U I Nc(ic-EH7 Ic 1)(}ILjLj ;,jc9i b.htnil (emphasis added). This builds on

the City’s experience during the Ku Klux Rally in downtown Charlottesville on July 8, 2017,

during which the Charlottesville Police Department asserted that counter-protesters were involved

in an “unlawful assembly” and used tear gas to disperse the counter-protests.

Defendants’ Reason for Revocation

39. The Defendants claim that the decision to revoke and modify Plaintiffs permit was

a “numbers” decision based on a belief that “many thousands” of people both supportive of

Plaintiff and opposed to Plaintiff would attend. No information about the basis for this belief was

given by Defendants although some have cited a Facebook event for the demonstration which

currently indicates that 700 plus people are “goingS’ and another 1,300 people are “interested.”

(Exhibit G). There is no estimate offered for the number of counter-protestors.

7
40. This Park has been for many years a traditional forum for the exercise of First

Amendment rights. Numerous other groups have protested and demonstrated and held other events

in the Park. Defendant has provided no information about the capacity of the Park, although the

August 7, 2017 letter says that the Park is just over one acre in size. This court may take judicial

notice of the facts that an acre is 4840 square yards, or 43,560 square feet and average adults (50-

50 male-female) take up a cross-sectional area of about 1.5 to 2.0 square feet at chest or hip level.

Taking those facts and applying basic math (dividing the number of square feet in an acre by the

area taken up by average adults) an estimate of the number of people that could be accommodated

standing on an acre of land would be between 29,040 and 21,780 people per acre.

41. The Charlottesville Police Department has the ability to deploy not only its own

officers to provide protection of PlaintifFs exercise of his First Amendment rights but also officers

from the Virginia State Police, other local law enforcement agencies, and, potentially, the Virginia

National Guard. This was demonstrated during the July 8,2017 Ku Klux Klan rally.

42. At the press conference held on August?, 2017 at which the Defendants announced

the decision to revoke PlaintifFs permit, the Charlottesville Police Chief never said that his

department could not provide adequate protection for Plaintiff’s proposed rally at Emancipation

Park using City’s active duty police force and, if necessary, additional local, state and federal

forces. The ChieFs statement included information about why his department felt that having the

demonstration in Mclntire Park would be “safer” but did not say that the Department would be

“unable” to protect the safety of demonstrators, counter-demonstrators and the public in the

downtown Emancipation Park location, especially if the City enacts the preliminary plans for road

closures announced on August 9, 2017.

8
43. The City can rely on other local, state and federal forces to adequately manage the

rally if necessary. On August 9, 2017, the City announced that its police department has been

working with other police agencies, including the Virginia State Police, to prepare for the rally and

that the local and state forces together intend to “have a visible presenc&’ at the rally. While

members of the National Guard have not yet been called upon, the City stated that the National

Guard Forces will monitor events and will respond if needed.

44. The City’s claim that it cannot safely manage a demonstration involving 400 people

and possibly “thousands” is belied by the fact that the City routinely manages crowds of up to

3,500 people at the Sprint Pavilion on the Downtown Mall and previously has granted permits for

rallies and events with “thousands” of attendees in Emancipation Park without incident or

intervention from the City. For example, in 2013, 2014 and 2015 an estimated minimum 2,000

people attended the Cville Pride Festival in Emancipation Park each year. Upon information and

belief, thousands of people attend an annual Spring block party in Emancipation Park. On May 14,

2016, it was reported that “thousands” of people gathered in Lee Park [sicj [or a Festival of

Cultures event. (Exhibit H).

45. People also have been allowed to demonstrate in the Park without permits in

circumstances where the number of potential participants could not be forecast. On May 14, 2017

after a torch lit demonstration the previous night protesting the renaming of Emancipation Park

and proposed removal of the Lee Statue, a candlelight vigil was held in the Park by counter

protestors without incident. Neither event was permitted. (Exhibit I).

46. The City has also allowed at least one event promoting a progressive point of view

supported by the Mayor to take place on public grounds in a downtown area smaller than

Emancipation Park without a permit. On January 31, 2017, there was a demonstration in front of

9
Charlottesville City Hall (not sponsored by the City) at which Mayor Michael Signer proclaimed

Charlottesville the “Capital [sic] of the Resistance” after the inauguration of Donald Trump. The

event drew as many as seven hundred attendees. No permit was obtained by the organizers in

advance nor was there any response by Defendants after the fact to sanction the organizers for

holding such a rally without the required City permit. Leading up to this event, a Facebook event

page listed 487 people as “going” and another 951 as being “interested.” (Exhibit H). Mayor Signor

remarked after the event that he was “stunned by the huge, spontaneous turnout on such short

notice which I think is evidence of how strongly folks feel about standing up for American values.’

47. The City has expressed a preference for the counter-protesters. On August 9,2017,

a spokeswoman for the City encouraged individuals to “consider attending [events on counter

programming to the rally].” The City has never encouraged individuals to consider attending

Plaintiff’s rally.

48. Members of the City Council who have the authority to hire and fire Defendant

Jones have made clear their opposition to Plaintiff’s political viewpoint. On June 21, 2017, Mayor

Michael Signer described the planned August 12ih


rally’s content and speakers as “racist and

bigoted.” (Exhibit C). Previously, after a candlelight vigil held as a counter protest to a “torch” lit

demonstration against the Park renaming decision the night before, Mayor Signer issued a public

statement saying that “intolerance is not welcome here” and the next day tweeted a picture of the

May 14, 2017 vigil with the caption, “Candlelight vigil against hatc in Cvillc. These arc the kind

of”torches” I like to see.” (Exhibit F and Exhibit E). On August 2,2017, Vice Mayor Wes Bellamy

responded to a tweet from the Twitter handle “Solidarity Cville,” which described the “Unite the

Right” rally as “fascism” and called for confronting the event, with “this is dope! #Resist.” (Exhibit

J)

10
49. At the Charlottesville City Council meeting on Monday, July 17, 2017, 13 of the

15 people who spoke during the public comment period either criticized the actions of the

Charlottesville Police Department and the Virginia State Police during and after the Ku Klux Klan

rally on July 8 or advocated that the permit granted to Plaintiff for the August 12u1
demonstration

be revoked or reissued for Mclntire Park because of their opposition to the Plaintiff’s message or

both. When the City Manager began to respond to the public comments about the police actions at

gth
the July event taken against counter-demonstrators during and after the Ku Klux Klan

representatives were demonstrating, the crowd became disruptive, yelling “liar,” and the Mayor

suspended the meeting rather than have police personnel remove those who were disrupting the

City Manager’s comments.

50. On July 27, 2017,43 downtown businesses wrote a letter to Council demanding

that the City treat the planned August l2 demonstration like a public event and impose additional

requirements on the organizer and that it consider moving the event because of the risk to public

safety and their businesses. One business owner who signed the letter said that “the organizer and

other would-be attendees” at the demonstration had “crossed the line from free speech to basically

a call to imminent lawless action.”

51. In an interview with CBS l9News on July 12” Plaintiff said that he “absolutely

intends to have a peaceful rally.” Plaintiff added that he expected 400 people from around the

country to attend and promised that his group would “avoid violence.” In the same news story,

critics of Plaintiff said that they would encourage their members to show up “in large numbers”

and argued that the police should not show up because they “put people in danger.”

52. Despite representations that the decision to revoke the Plaintiffs permit was made

by Defendant City Manager, there was a closed three-hour meeting of City Council on August 2,

11
2017 at which Defendant City Manager, the City Attorney and other staff including some

representatives of law enforcement were present. Council issued a statement that evening about

the subject of the meeting: “This evening, Charlottesville City Council met in closed session to

consult with legal counsel and staff regarding the best options to keep the community safe during

the August 12 Unite the Right Rally while preserving the 1st amendment rights of participants.”

53. The Plaintiff met with Defendant City Manager Maurice Jones, Park’s Business

Operations Supervisor Michelle Christian and Police Captain Wendy Lewis the morning of

Monday, August 7th. At the meeting, the Defendant City Manager asked the Plaintiff to accept the

City’s decision to modify his permit for Mclntire Park. Plaintiff asked the City Manager what the

occupancy limit for Emancipation Park would be and asked if the permit could be kept in place if

he agreed to keep the crowd size within that limit. The Defendant would or could not give Plaintiff

an occupancy limit number. Then, Plaintiff asked Defendant whether he could maintain the permit

if he agreed to have the attendance limited to 400. The Defendant City Manager did not respond

and proceeded to implement his decision to revoke and modify the permit as described in the

August 7 letter without providing an answer or seeking to resolve any legitimate public safety

concerns Defendants might have about hoLding the demonstration in Emancipation Park.

54. Later on August 7th, after the press conference where the City announced that the

permit for Emancipation Park was revoked, Plaintiff entered a closed door meeting with Captain

Lewis, Chief of Police Al Thomas and Incident Commander Captain Victor Mitchell. Plaintiff

asked if the police would still enforce previously agreed upon security arrangements for the Unite

the Right demonstration in the Park whether there was a permit for that site or not. The Chief of

Police indicated in the affirmative. Plaintiff asked the Chief if the police would still keep counter

demonstrators out of the park prior to the Unite the Right demonstration and he indicated in the

12
affirmative. Plaintiff also asked Chief Thomas if the police would still set up barricades around

the park and allow Unite the Right to control access into the park via two entrance points on the

Market Street side of the park as was previously agreed upon. He indicated in the affirmative.

55. The next day on Tuesday, August 8th Plaintiff met with Captain Lewis, Captain

Mitchell and one other police official. They told Plaintiff that Chief Thomas changed his mind and

that the Plaintiffs demonstration would receive none of the protections in Emancipation Park

promised the day before. The police representatives also told Plaintiff that the police would only

keep people out of Lee Park until 6am when it typically opens instead of allowing Unite the Right

to restrict access to their demonstrators as had previously been agreed. The police said that the

Park would be divided in half between demonstrators and counter-demonstrators. Plaintiff asked

how the police intended to tell one from the other or to preserve distinct areas for demonstrators

with opposing views. The police representatives told Plaintiff that there was no plan for them to

do that, so theoretically the counter-demonstrators would not only still have permits for the two

other parks in the area (McGuffey and Justice) but also be allowed to occupy all of Emancipation

Park without a permit being issued.

56. Before Leaving the meeting on August 8th. PLaintiff asked if Parks and

Recreation would allow use of the power or water in the park and they said no. Plaintiff asked

why all these changes had been made to security and the policy of Parks and Rec and if this was

due to political pressure. Capt. Lewis indicated affirmatively with her facial expression and body

language.

57. Thus, with his scheduled rally only two days away, Plaintiff does not have a permit

enabling him to demonstrate in Emancipation Park, and counter-demonstrators have two

downtown permits and the ability to occupy Emancipation Park without a permit.

13
58. Unless Defendants and their agents are enjoined, Plaintiff, other similarly-situated

protesters who share his views, and other members of the public will be irreparably harmed as they

will be prevented from peacefully gathering to express their views on pressing issues of public

concern at a time, place and in a manner reasonable for them to do so.

CLAIM FOR RELIEF


FIRST AND FOURTEENTH AMENDMENT RIGHTS
42 U.S.C. § 1983

59. The foregoing paragraphs of this Complaint are incorporated by reference as if each

is fully set forth herein.

60. Defendants’ revocation of the requested permit violated—and, unless enjoined by

this Court, will continue to violate—Plaintiff’s rights to freedom of speech, assembly, and petition

as guaranteed by the First and Fourteenth Amendments to the United States Constitution.

61. The Defendants’ revocation of Plaintifrs permit was based on his viewpoint and

was not necessary to achieve any compelling government interest, in violation of the First and

Fourteenth Amendments;

62. To the extent that the revocation of the permit was based on crowd size, the

revocation was not narrowly tailored to a substantial government interest, and did not leave open

alternative means of communication.

REQUEST FOR RELIEF


WHEREFORE, Plaintiff prays that this Honorable Court:

A. Enter judgment declaring that Defendants’ revocation, denial andlor modification of

Plaintiffs requested permit to hold a demonstration in Emancipation Park on August 12,

2017 violates the First and Fourteenth Amendment to the United States Constitution;

14
B. Enter a temporary restraining order and/or preliminary injunction enjoining Defendants to

permit the demonstration to go on as planned in Emancipation Park on August 12, 2017

from 12pm to 5pm and to provide such security as may be necessary to protect the rights

of the demonstrators and the public.

C. Award Plaintiff his costs and reasonable attorneys’ fees in this action;

D. Grant Plaintiff such other and further relief, including damages for the violation of

Plaintifrs constitutional rights, as the Court may deem just and proper.

Respectfully submitted,

JASON KESSLER

By Counsel

Dated: August 10, 2017

Counsel for Plaintiff

//s// Hope Amezguita


Hope R. Amezquita (VSB No. 74629)
Leslie Mehta(VSB No. 90437)
American Civil Liberties Foundation of Virginia, Inc.
701 E. Franklin St., Ste. 1412
Richmond, VA 23219
Phone: 804-644-8080
Fax: 804.649.2733
Email : lmehta@acluva.org
Email: hamezquita@actuva.org

//s// Victor M. Glasberg


VictorM. Glasberg (VSB No. 16184)
Maxwell C. Sokol (VSB No. 89589)
Victor M. Glasberg & Associates
121 5. Columbus Street
Alexandria, VA 22314
Phone: 703-684-1100
Fax: 703-684-1104
Email: vmg@robinhoodesq.com
Email: msokol@robinhoodesq.com
15
John Whirehead (VSB No. 20361)
Douglas R. MeKusick (VSB No.72201)
The Rutherford Institute
923 Gardens Boulevard
P.O. Box 7482
Charlottesville, Virginia 22906
Phone: 434-978-3888
Fax: 434-978-1789
Email: johnw@rutherford.org
Email :douglasm@rutherford.org

16
CERTIFICATION OF COUNSEL

Pursuant to Fed. R. Civ. p. 65, counsel certifies that he will attempt to give notice to

Defendants of CM/ECF filing to the following:

S. Craig Brown, City Attorney


City Attorneys Office
P.O. Box 911
Charlottesville, VA 22902
Phone: 434-970-3101
Facsimile: 434-970-3890
Email:brownc @charlottesville.org

VERIFICATION

1, Jason Kessler. the plaintiff herein, declare under penalty of perjury that I am

personally acquainted with the mattcrs alleged in paragraphs 3, 4, 5, 7, 10, 19,

20,21. 23, 24, 25, 26, 27, 28. 29, 30. 31, 32, 33, 35, 48, 51. 53. 54, 55, 56, and 58.

and that the allegations in these paragraphs are true to the best of my knowledge,

information and belief.

Jason Kessler

17
si-[ 41. ±VENT APPLICATION REQUEST FOR OFFICIAL USE ONLY
$k5.do AjJh-Refundable Application Fee Required. Organizational Status:
Please attach any additional info to this form.
Non-Profit Commercial Independant
nrti

I Return to: — Maps Attached — ABC Permit Required


Charlottesville Parks & Recreation — Tent Permit Required License Verified
P.O. Box 911 INIA
Charlottesville, VA 22902

INDEMNIW RELEASE
In making this request, the applicant’understands that the sponsor will hold harmless and indemnify the City,
its officers, employees, and agents against injury, loss or damage occurring as a result of this special event.
Sponsors of special events held on public property will be required to provide Special Event Liability Insurance
in an amount not less than $1 million dollars, naming the City of Charlottesville, its officers, officials, employees
and agents as an additional insured party to the contract. For additional information regarding this requirement
please contact the Charlottesville Parks & Recreation Department at 970-3260.

Sponsor(s) Name: Te’$ GA


- Address: 1013 6 VPRVtS3 qe

Sponsor Telephone:
t.f3 tt S5& 7 z
Event Contact Name:

ContactAddress: A\+qvI*c Ày-c


1o13 B
£1r-i bfesvR I efl
y9oq 3D 9-OL7
Contact Telephone: Office Date Appllcation Received By P&R

Home( )
Cell (9’3q) qqc—s5c7
3/30717
APPL2iCANT SIGNATURE DATE

DATE APPLICATION SUBMITTED: 5/30117


EVENT PURPOSE / BRIEF DESCRIPTION:

irpx’ 5paed-, rt1sj SOP poI+ o’-. 4a- Lee- MOnuiesiF


I I)
_____
_____
_____
_____
____
___
___
_____
_____
_____
_____
_____
_____
_____

IDEINTIFY E”NT CATEGORY: — CARNIVAL EMONSTRATION FAIR FESTIVAL


— —

— FUNDRAISER HISTORICAL CELEBRATION MARATHON


RACE/WALK PARADE—
OTHER (Describe Other)

EVENT VENUE & LOCATION REQUESTED: Le- Pq.rK


LIST RACE/WALK STREET ROUTES, IF APPLICABLE (A clear & legible map showin
g walk/run routes also requested
—Please attach map to application):

STREET CLOSING REQUESTED, IF SO INCLUDE LOCATIONS AND CLOS


ING /OPENING TIME(S): _YES 1N0
LOCATION(S):

CLOSING DATE(S)_. CLOSING/OPENING TIME(S): FRONI am/pm UNTIL: am/pm


jUcoi r-’
EVENT START DATE/TIME: kIf1L JIZR7
(WEEKDIY) (DATE) (TI E)
EVENT END DATE/TIME: &14Q7 £ft7
(wEEKO&v) (DATE) (TIME)
EVENT SET UP DATEITIME (INCLUDE WEEKDAY5: £tyr’uy - lZpAl
(WEEKDAt) (DATE) (LIME)
EVENT BREAKDOWN DATE/TIME (INCLUDE WEEKDAY):
(WEEKDAY). (DATE) (lIME)
EVENT RAIN DATE REQUESTED: YES NO DATE REQUESTED:
(WEEkDAY) 4(DATE)
ESTIMATED # PARTICIPANTS: WILL AMPLIFIED MUSIC BE USED: YES NOJ

DENTIFY TYPE MUSICAL ENTERTAINMENT REQUESTED: BAND — DISC-JOCKEY — OTHER


DITY UTILITIES NEEDED? YES — NOL IDENTIFY TYPE UTILITIES NEEDED, IF APPLICABLE:

IW EQUIPMENT REQUESTED, IS SO PLEASE IDENTIFY TYPE EQUIP


MENT: NO
F YES, IDENTIFY TYPE EQUIPMENT REQUESTED:

)THER CITY SERVICES REQUESTED YES NO


Please identify the area of sendces needed including staff assistance
if applicable):
PLEASE USE THIS SPACE TO PROVIDE A DIAGRAM OF HOW YOU PROPOSE TO SET UP THE EVENT VENUE SPACE

3
IDENTIFY EVENT EQUIPMENT & QUANTITY OF EQUIPMENT TO BE PLACED IN/ON REQUESTED VENUE SPACE

# OF BQOTHS SIZE OF EACH BOOTH

ft OF CANOPIES (Pop-Up) 2E SIZE OE EACH CANOPY

# OF TABLES SIZE OF EACH TABLE

II OF TENTS i i.S Y I C SIZE OF EACH TENT (900 sq. ft. & above will require
Permit from City NDS Dept.)
ft OF STANDS SIZE OF EACH STAND

OTHER EQUIPMENT (See Below)

(PLEASE DESCRIBE OTHER EQUIPMENT REQUESTED FOR PLACEMENT):


Please note if other” equipment includes the use of a moon bounce and or inflatable carnival type rides and activities provided
by a 3rd party vendor, proof of insurance by the vendor providing such equipment will be required. The 3rd party vendor shall
provide a current certificate of insurance indicating at least $1 million in general liability and completed operations coverage and
certificate of workers’ compensation coverage, if applicable. Said insurance shall name the City of Charlottesville (including its
officers, officials, employees and agents) as an additional insured party to the insurance contract. A copy of said documents
must be provided to the Parks & Recreation Administration Office by the requested due date specified.

ALCOHOLIC BEVERAGE INVOLVED IN THIS ACTIVITY: YES



I
NO (If Yes please describe circumstances
involved with the use of alcoholic beverage and if the activity involves the sale of alcohol at this event)

Describe:

HEALTH DEPARTMENT INFORMATION REQUESTED

WILL FOOD BE DISTRIBUTED AT THIS EVENT: YES— NO (If Yes a Temporary Food Permit will be required
by the State Health Department (Thomas Jefferson Health District (FJHD) located on Rose Hill Drive (434) 972-6259.
Please provide the below information requested by the TJHD).

NUMBER OF VENDORS — CONTACT NAME (If different from Sponsor/Applicant):

CONTACT TELEPHONE (If different fromfponsor/Applicant):

IS SITE EQUIPPED WITH WATER FAUCETS/FIXTURES: — YES .j NO


MEANS OF WASTEWATER DISPOSAL:
Parks & Rec Admin Clerk: fm
P0 Box 911
501 East Main Street
Charlottesville VA 22902
Phone: (434)970-3260
ST Tax ID: 0000723169
Fed Tax ID: 54-600-1202
Date: 05/30/2017 @ 11:46am

internal zzzhousehold

I Description Ext Prióe I


Special Event Applic 25.00
ITEM: BSE

Total New Fees 25.00


Discount Applied 0.00
Total Due 25.00
Total Fees Paid 25.00
Total Paid 25.00
Payment of: 25.00 Made By:CREDIT Auth:
047607 Card#: xxxxxxxxxxxx507l

Receipt # 1210253
Af3RD CERTIFICATE OF LIABILITY INSURANCE DATE (MMICDNYYY)
0610512017
PROPUCER THIS CERTIFICATION Is ISSUED AS A MATTER OF INFORMATION
East Main Slreat Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
WIll Maddux HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PC Box 1298 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Grass Vafley, CA 95945
Phone: (530) 477-6521 EmaIl: Info@thoovonthelper.com INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURERk Evanston Insurance Company 35378
Jason Kessler pJSuRERB:
1013 AilavIsla Ave Apt B
IN,,URER C
Charlottesville, VA 22902
INSLER 0:
INSURER E
COVERAGES
ThE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO ThE INSURED NAMED ABOVE FOR ThE POLICY PERIOD INDICATED. NOT’MTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WI1CH This CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL ThE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS$ ADO1 POliCY EFFEOTNE POUCY EXPIRATIONI
LW NSRI TYPE OF INSURANCE POLICY NUMBER DATE (MILtONYI DATE IMMiODWY) UNITS

A V
GENERAL LIABILITY
COMMERcIALGENERALUABIrnTY
I s i ,oanooo
30S5455.M1533832 0511212017 06fl312017 MEDEW(Aaiynpnoo) 1 5.000
CLAIMS MADE OCCUR PERSONAL I ADV INJURY $ — - — 1,000,000
Host Liquor Liability GENERAL AGGREGATE 2.000,000
GE AGGREGATE LIMIT APPLIES PER: PRODUCTS CUMP/OP ASS
. $ 1000000
POLICY LOC DEDUCTIBLE 5 1,000
Retail Liquor LIabIlity -.

AUTOMOBILE LIAOIUW
COMBINED SINCLE UNIT
ANY AUTO (Es accidenl)

ALLOt’MEDAUTOS
BDDILYINJURY
$
SCHEDULED AUTOS (Per person)

HIREDAUTOS
DODILYINJURY
$
N0N-OqED AUTOS (Per accident)

. PROPERTY DAMAGE
$
(Per accidenl)

— OARAGEUABILETY AUTOONLY-EAACCIDENT
! --

1ANYAUTO OTHERTHAN EAACC S

p AUTO ONLY: AGO $


EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S

J OCCUR DCLAIMSMADE AGGREGATE

S
DEDUCTIBLE $
I_RETENTION $
WORKERS COMPENSATION AND
I 4\CSTAIU- DIN
EMPLOYERS UADIUW
LIMITS I ER

ANY PROPRIETOThPARTNEWEXECUT1VE
EL EACH ACCIDENT S
OFRCERaAEMSER CLUDED? EL DISEASE EA EMPLOYEE
. S
It ye,. desoibe Late,
SPECIAL PRO\ISIONS bc’cw EL DISEASE POLICY LIMIT
. S
OTHER

DESCRIPTiON OF OPERATIONS I LOCATIONS I ‘JDIICLES I EXCLUSIONS ADDED By ENDORSEMENT I SPECIAl. PROMISIONS


Ce,llflcalo holder listed below is named as addItIonal Insured per aBashed CG 202607 04.
Attendance: 400, Event Typo; Meetlr,g Outdoor.
-

CERTIFICATE HOLDER CANCELLATION


Lee Park SHOULD ANY OF THE ADOvE DESCRIBED POLICIES BE CANCELLED BEFORE ThE EXPIRATION
201-290 2nd St NE DATE THEREOF, THE ISSUING INSURER WILL CHDEA’JOn TO MAIL .__,
DAYS WRITTEN
Charlottesville, VA 22902
NOTICE TO THE CERTIFICATE HOLDER NAMED TO ThE LEFT, “ ‘T FM’ ‘ ‘ nc TO DO SO””’
‘rocc”D “ ‘‘.tOPl “P ‘ “I’ rn or.rIvIIr”U”onTIIc ItURCP, IT” .“'CFJTC 09
nCrnCtfllTXnVEC.
AUThORIZED
REPRESENTATIvE,t/,S
I
ACORD 25(2001/08) ©ACORD CORPORATION 1988
CITY OF CHARLOTTESVILLE
To be One Community Filled with Opportunity”

Office of The City Manager


P.O. Box 911 Charlottesville, Virginia 22902
Telephone 434-970-3101
Fax 434-970-3890
www.charIottesville.org August 7, 2017
By Electronic and U.S. Mail

Dear Mr. Kessler:

I write on behalf of the City’s Department of Parks and Recreation in reference to your
May 30, 2017 application for a permit to conduct a demonstration in Emancipation Park on
August 12, 2017. While demonstrations are typically handled through that Department, the
unprecedented size and scope of your rally at its proposed Downtown location requires me, as
the City official charged with the general supervision and control of City property, to review
your request in light of its significant impact on the community.

Based on information provided to me by law enforcement officials, the City has


decided to approve your application for a permit to hold a demonstration on the day and at the
times requested, provided that you use Melntire Park, rather than Emancipation Park, for your
demonstration. To the extent that the permit is deemed granted due to inaction within tcn days of
receipt of the application, the City hereby modifies the permit, based on the above-referenced
information, to specify that the demonstration take place at Mclntire Park. If you are unwilling to
use the Mclntire Park location, the permit for Emancipation Park is hereby denied pursuant to
section 3.4.5 of the City’s Standard Operating Procedure (“SOP”) for Special Events and
Demonstrations or, if the Permit is deemed granted due to inaction within ten days of receipt of
the application, the City hereby revokes the permit pursuant to section 3.4.7 of the City SOP.

Your permit application states that the demonstration will consist of approximately 400
people. However, in recent days it has come to the City’s attention that many thousands of
individuals are likely to attend the demonstration. Because Emancipation Park is a relatively
confined space of just over one acre in a densely populated urban area with limited parking
space, it is unable to accommodate safely even a peaceful crowd of this size. The City’s law
enforcement, fire and emergency medical services personnel cannot adequately protect people
and property in and around Emancipation Park due to the number of anticipated attendees trying
to occupy such a small and confined space. The Police Department also anticipates that the
presence of such a large demonstration in Emancipation Park would require the closing of a
section of East Market Street, leading to massive traffic congestion and shutting down a principal
means of ingress and egress, for the duration of the 5 hour rally.

EHIBIT
Mr. Kessler
Page Two

A large demonstration at Mclntire Park does not present the same problems. The use of
Mclntire Park will still require the deployment of considerable law enforcement resources, but
the size, layout and other features of the Park will better enable the City’s law enforcement and
other emergency personnel to protect the attendees and the public. In contrast, holding such a
large rally at Emancipation Park poses an unacceptable danger to public order and safety.

In our last conversation you were insistent that the rally take place at Emancipation Park.
We ask that you reconsider that position. The City reserves all rights should you decide not to
abide by the terms of your approved permit.

Sincerely,

Maurice Jones
City Manager

2
•.000Verjzon ? 4:57 PM 1 0 * 31%D
mobile.twitter.com

1- Mike Signer 0
0

Mike Signer @Mikesigner Jun 21


It appears even the “Proud Boys” have
disavowed the August 12 alt-right event for
racist and bigoted content and speakers.
#donttakethebait.
Q4 U Qg

Mike Signer @MikeSigner Jun 21


Proud to work w/my colleagues at
@CvilleCityHaIl on Unity alternatives to KKK
on July 8. unitycville.com.

City plans alternate events, urges


ignoring Klan rally
dailyprogress.com

fl3

U Mike Siqner Retweeted


••ooo Verizon ‘ 4:55 PM I’O*33%I_I,

mobile.twitter.com C

0
Mike Signer 0
0

Q 1.2K U 153.8K Q 382.3K


Mike Signer @Mikesigner Jun 22
Folks, this is the so-called “Proud Boys.” My
9th grade locker room was more manly &
advanced. #donttakethebait.

Alt Right Va @AltRightVa


pscp.tv
1._
Q4 fl5

Mike Signer @MikeSigner Jun 22


#stateoftheresistance

Andrew Cain @AndrewCainRTD


Quinnipiac pollster Peter Brown:

> I j]
4- Posts 0.

0 Mike Signer
May13 at 10:39pm 0

Statement on the Demonstration at Lee Park

This event involving torches at night in Lee


Park was either profoundly ignorant or was
designed to instill fear in our minority
populations in a way that hearkens back to the
days of the KKK. Either way, as mayor of this
City, I want everyone to know this: we reject
this intimidation. We are a Welcoming City, but
such intolerance is not welcome here.
Like Comment Share

OQ.i, 305

EXHIBIT
Mike Signer V
©MikeSigner
Candlelight vigil against hate in Cville.
These are the kind of “torches” I like to
see.
9:01 PM May 14,2017
-

Q26 fl218 2614

EXHIBIT
1
AUG
Unite the Right Free
12 Speech Rally
Public Hosted by Jason Kessler

* st,

Interested Going Share More

Sat, Aug 12 at 12 PM 5 PM EDT


-

0 This week

Lee Park
9 201-299 2nd St, Charlottesville, Virginia 22902

ABOUT DISCUSSION

Say something...

727 Going• 1 .3K Interested 954 Shares

ETI
-J
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Lee Park Holds 13th Annual Festival of Cultures - NBC29 WVIR Charlottesville, VA Ne... Page 1 of 2

INTRASTATE t Intrastatelnccom
434.295; 6565
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LOCAL RADAR 7-’DAV STATE RADAR Charlottesville

81° CHARLOTTESVILLE D rAvE

Feels like 510 tow 550 High 115’


HOME NEWS WEATHER SPORTS FEATURES PROGRAMMING INSIDE 29 HEALTH

a home’s bes

Lee Park Holds 13th Annual


Festival of Cultures
or. ‘i ‘.‘/:‘‘s1r’

CALOT1E5ViLL[ Vt WVIW ‘oie then 40 cuanres weie iepresentcd at


I he onnun. Festival of Cultures in Chei lctcsville

Tnousc:n± of people gathered in Lee Park Sctudcy. kicy it For the event.
They were treatr:ci to ;i;Ierrotiancl perlorn’ers erEsons food vendors. end
ctjturrl disoteys

These were nil put logetber by people who live in Charlottesville now as a way
to shore their netivrr enlist os

And e clso ‘cnlly want to we!zome the residents who were not born here the
new iesdc’’;t3 who ne C (OPSO receru y. or the last Few ycci s here And these
r’ewc oilers hove saint ii ig to share w.th us We really can cern From them
said .00.9;ilCtOr Zekfre Becsey

Orasnizers soy br v.ce’i 3500 aid 4000 people sopood by for the Festival in
spite of SeturUny eliot noons sorely wectl’er

ee Also

I. Mortgage Refinance Rates ) 6. Best Cell Phone Deals

2. Local Job Listings ) 7. 10 Best Smartphones

3. High Speed Internet Plans ) 8. Work From Home Careers

4. Best High Dividend Stocks ) 9. Moisturizers For Dry Skin

5. Top ID Cars To Buy 10. Free Restaurant Coupons

HOME NEWS WEATHER SPORTS FEATURES PROGRAMMING INSIDE 29 HEALTH

EXHIBIT
EEC FCC

http://www.nbc29.com/story/3 1975097/lee-park-holds-I 3th-annual-festival-of-cultures S/lu/lull


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- Bearing Drift - https://bearingdrift.com -

Charlottesville Mayor Dodges Permit, Fees, Insu


for “Capital of the Resistance” Rally
Posted By Rob SchHIing On February 15, 2017 © 1:10 PM In Local Government I
Comments

A January 31 “Capital of the Resistance [1]” rally in downtown Charlottesville [2], convened
by Mayor Michael Signer [3], was held without a permit, according to City spokesperson,
Miriam Dickler—and apparently without the payment of legally codified costs and fees.

Media reports [4] estimated attendance anywhere from “several hundred” to seven hundred
people.

City “Standard Operating Procedures” policy #100-04, “Special Events Regulation [5]”

stipulates:

That the process is in place to “...ensure public convenience in the use of city streets and
outdoor areas, the preservation of public order and safety, and the defraying of
administrative expenses associated with certain types of uses.” [Section 1.0 Purpose]
That the City Manager (Maurice Jones [6]) is responsible for managing such events, and that
City departments (police, fire, public works, and Neighborhood Development Services)
review event applications. [Section 2.0 City Departments/Organizations Affected]
That Signer’s event would likely be classified a “demonstration” or “non-commercial
expression protected by the First Amendment of the United States Constitution (such as
picketing, political marches, speechmaking, vigils, walks, etc.) conducted on public property;
the conduct of which has the effect, intent or propensity to draw a crowd...” [Section 3.1.3
Definitions]
That an event of this magnitude “may be held only pursuant to a permit issued by the
Events Coordinator...” [Section 3.2 Permit Requirements]
That applications for events on the Downtown Mall be submitted in writing at least 10
business days “in advance of any proposed demonstration...” [Section 13.2 Permit
Applications]
That a permit application fee be paid “by the sponsor of every proposed demonstration...”
[Section 3.4.3]
That “all City ordinances and State statutes limiting the use or obstruction of fire lanes,
emergency routs and pedestrian walkways must be observed. No person(s) participating in a
demonstration...shall block any entrances to or exits from City buildings...” [Section 3.5.3 No

8/10/17, 12:56PM
bearing Dri ft Charlottesville Mayor Dodges Permit, Fees, Insurance f... https://bearingdrift.com/20 17/02/15/charlottesville-mayor-dodges-per...

Impediments to Public Access]


That prior to the commencement of the event, “Sponsors of demonstrations for which a
permit is required shall be required to indemnify and hold harmless the City...” and “shall
furnish a general liability and property damage insurance contract insuring the Sponsor’s
liability” in “an amount not less than $1,000,000 [Section 3.5.4 Indemnification and
Insurance]
That sound amplification is permitted only if “prior notice has been given to the Events
Coordinator...” [Section 3.5.7 Sound Amplification]
That “The Sponsor of every special event shall be required to pay (in advance) a fee for
cleanup costs [Section 3.5.13 Sanitation and Garbage]
That “Sponsors must pay an Electricity Fee to the City, in advance.” [Section 3.5.14
Electricity]
That “Sponsor will be billed per hour for each officer actually utilized...” based on
“circumstances of the event” and “based on the regular hourly rates of salaries for the police
personnel utilized.” [Appendix A]
In addition to numerous likely violations of City regulations and missed payment of
obligatory fees, Signer appears to have utilized City resources, including the email and paid
time of City Council Clerk, Paige Rice, in the coordination of his event. At 2:29 PM on
January 30, Rice emailed the following “Media Advisory,” listing herself as the contact person
for Signer’s event:

From: “Rice, Paige” <ricep@charlottesville.org>


Subject: MEDIA ADVISORY: Mayor to Convene Faith, Civic Leaders outside City Hall *THIS
TUES at 12PM*
Date: January 30, 2017 at 02:29:16 PM EST

Contact: Paige Rice


ricep@charlottesville.org
(434) 970-3113
Press Release:
FOR IMMEDIATE RELEASE
Monday, January 30, 2017

Signer calls on residents to defend American values, declares City a “Capital of the
Resistance”
Mayor to convene faith, civic leaders for announcement Tuesday

CHARLOTTESVILLE — On Tuesday, January 31, Mayor Mike Signer will convene area leaders
and a growing number of Charlottesville residents for a special announcement and rally
outside City Hall. The purpose of the event is to send a clear signal to all those alarmed by

2oC8 8/10/17, l2:56PN


Bearing Drift Charloitesville Mayor Dodges Permit, Fees, Insurance f... https://bearingdrift.com/20 17/02/I 5/charlottesville-mayor-dodges-per...

the recent Executive Order of President Donald Trump.

Signer and numerous religious and civic leaders of Charlottesville hope to offer a bulwark
against fear, division, and uncertainty in the wake of the president’s action last Friday, and
in light of Trump’s call for “a ban on all Muslims entering the country,” during his election
campaign.
“Our strength lies in our values of diversity, tolerance, and shared humanity,” said Signer.
“Charlottesville, the historic home of Thomas Jefferson and James Madison, must stand up
for these American values and be a Capital of the Resistance.”

WHEN: Tuesday, January 31st at 12:00 noon — 1:00 p.m.


WHERE: Charlottesville City Hall, 605 E. Main Street, Downtown Mall entrance
WHO: In addition to the mayor, speakers include:
Khizr Khan, Esq., Gold Star Families
Karim Ginena, Islamic Society of Central Virginia
Harriet Kuhr, International Rescue Committee
Pam Northam, Office of the Lieutenant Governor
Rabbi Tom Gutherz, Congregation Beth Israel
Pastor Alvin Edwards, Mt. Zion First African Baptist Church
Reverend Elaine Ellis Thomas, St. Paul’s Memorial Episcopal Church
Jeffrey W. Legro, Vice Provost for Global Affairs & Taylor Professor of Politics at the
University of Virginia

Charlottesville is home to a major office of the International Rescue Committee and to


hundreds of political refugees who have fled oppression in their home countries for the
safety and security of American democracy.

“I have met with dozens of political refugees, recent immigrants, and university students
who identify as Muslim or hail from the countries targeted by the executive order,” said
Signer.
“They have expressed confusion about the implications for their immigration status, concern
about whether they have simply escaped from one tyranny to another, and fear about
whether the United States remains, in the poet Emma Lazarus’ words, a place that embraces
‘your huddled masses yearning to breathe free’.”

At the event, Mayor Signer will announce* plans to:

1. Work with Virginia’s Congressional delegation to get specific help for Charlottesville’s
immigrant and refugee community regarding urgent visa and travel questions

2. Join Cities for Action’s coalition of mayors demanding progress on immigration issues

8/10/17, 12:56PM
Bearing Drift Charlottesville Mayor Dodges Permit, Fees, Insurance C... hffps://bearingdrift.com/20 17/02/1 5/charlottesville-mayor-dodges-per...

3. Ask Charlottesville’s City Manager to advise City Council on legal and policy options to
provide added protections for immigrants and political refugees

4. Ask Charlottesville’s Human Rights Commission to address issues of xenophobia and


religious intolerance

*Mayor Signer will be speaking in his individual capacity, as one elected member of City
Council, not for City Council as a whole.
For updates, follow Mayor Mike on Twitter @mikesigner and Facebook
1? 17

Michael Signer
(434) 284-2588 Cm)

Paige Rice
Clerk of Council
Charlottesville, Virginia
ricep@charlottesville.org
(434) 970-3113

In a February 14 email to The Schilling Show, Signer pled ignorance and contradicted fact:

From: “Signer, Mike” <msigner@charlottesville.org>


Subject: RE: Media Inquiry: Event Permit
Date: February 14, 2017 at 10:32:09 AM EST
To: “Schilling, Rob”
Cc: “Dickler, Miriam” <dickler@charlottesville.org>, “Jones, Maurice”
<MJONES@CHARLOHESVILLE.ORG>

No City personnel were involved in the planning or execution of the press


conference. It was assembled and run by volunteers, many coming together at the last
minute. Even the podium and mic and speakers were brought by volunteers. The event was
intended as a standard press conference at the Free Speech Wall, which typically do not
require permits. That event grew quickly and spontaneously in part due to the publicity by
several of the speakers’ organizations, including the churches and the IRC.

I was frankly stunned by the huge, spontaneous turnout on such short notice, which
I think is evidence of how strongly folks feel about standing up for American values against
the combination of intolerance and incompetence seen in the recent executive order, which
has now been stayed by multiple federal courts on Constitutional grounds. [emphasis added]

4ofB 8/10/17, 12:56PN


Bearing Drift Charlottesville Mayor Dodges Permit, Fees, Insurance f... https://hearingdrift.com/201 7/02/I 5/charlottesville-mayor-dodges-per...

Mayor Mike Signer


City of Charlottesville
(434) g7o-3113
A World-Class City

Mayor Signer’s statement was deceptive at best

No City personnel? The Charlottesville Police Department confirmed to The Schilling Show
that they had assigned “10 police officers and 2 Community Service Officers” to the event,
for about an hour and a half (approximately 18 man-hours); this, in addition to Signer’s use
of City Council Clerk , Paige Rice, as an official “contact” for the press conference.

As to the Mayor’s claim that he was “stunned by the huge, spontaneous turnout,” a
Facebook event page, set up by Signer himself, indicated tKat 487 people had confirmed
attendance in advance, and 951 people were “interested” in attending. Signer certainly had
information available indicating this would be a very large event. (See graphic below.)

Jner

Like Follow Share

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Mike Signer
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* Like Comment I

All tolled, Charlottesville Mayor Michael Signer may have bilked his own citizens out of

8/10/17. 12:56 PM
Bearing Drift Charlottesville Mayor Dodges Permit, Fees, Insurance f... https://bearingdrift.com/20 17/02/I 5/charlottesville-mayor-dodges-per...

hundreds of dollars in delineated fees and payments, and he may have inappropriately
utilized City staff to promote a non-City event.

But there may be a legal price ($250 171)—outside of the pro forma financial costs—for such
wanton disregard of rules and laws. According to Charlottesville Code:

Sec. 28-29. — Street parades, processions, and other events. [7]

(a) No parade or procession of any kind shall be held or conducted in any city
rights-of-way without first obtaining a permit from the city manager.

(b) The city manager is authorized to require permits for the use of city rights-of-way for
special events and community events (as defined within section 28-29(c) of the City Code),
and for other activities that may affect the safety or convenience of the general public. The
city manager is authorized to promulgate regulations to govern the time, place and manner
of such activities, and to establish reasonable fees, charges and rentals therefor. A violation
of any of the rules and regulations established hereunder shall constitute a Class 4
misdemeanor. [emphasis added]

Given these facts:

Will Charlottesville Mayor Michael Signer pay the costs (in arrear) that any average citizen or
organization would bear (in advance) for holding such an event?

Will Charlottesville Mayor Michael Signer issue an apology to his constituents for
violating their trust (and potentially, the law)?

Or will lawlessness [8], oligarchy [9], cronyism 110], demagoguery [111, chaos [12], inequity
[13], mobocracy [14],
and double-standards [15] continue to prevail in Michael Signer’s
Charlottesville—the self-declared “Capital of the Resistance.”

Share this:
Facebook [16]
Linkedln [17]
Google [18]
Pinterest [19]
Reddit [20]
Twitter [21]
Email [22]
Print [23]
Related

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Article printed from Bearing Drift: https://bearingdrift.com

URL to article: https//bearingdrift.com/2O17/D2/15/charIottesviIle-mayor-dodges-


permit-fees-insurance-capital-resistance-rally!

URLs in this post:

[1] Capital of the Resistance: https://vimeo.com/202063704/36c6c5c582


[2] downtown Charlottesville: http://www.schillinqshow.com/2O11/O9/O6/photo-
essay-charlottesville%e2%80%99s-dirty-downtown-mall/
[3] Mayor Michael Signer: http://www.schillingshow.com/2O17/O1/ 29/witless-
unhinged-charlottesville-mayor-signer-pushes-for-sanctuary-city-status/
[4] Media reports: http://www.c-ville.com/capital-resistance-rally-draws-hundreds/
[5] Special Events Regulation: http://www.schillingshow.com/wp-content/uploads
/2017/02/2009-Special-Events-Regulations.pdf
[6] Maurice Jones: http://www.schillingshow.com/2012/04/30/bad-mojo-library-
of-virginia-slaps-maurice-jones-over-barrick-cover-up-scandal/
[7] $250: https://www.municode.com flibrary/va/charlottesville/codes
Icode_aLordinances?nodeld=COCH LGEPR_S1-11CLPEVICOVI
[8] lawlessness: http://www.schillingshow.com/2O12/O3/ 21/fraud-misfeasance-
and-cover-up-special-prosecutor-investigates-charlottesville-spokesman-barrick/
[9] oligarchy: http://www.schillingshow.com/2O16/O6/ 26/heil-signer-
charlottesville-mayars-new-totalitarian-police-state/
[10] cronyism: http://www.schillingshow.com/2O13/O5/ 17/con-flicted-
2-charlottesvilles-corrupt-agency-budget-review-process-exposed/
[11] demagoguery: http://www.schillingshow.com/2O16/11/ 18/maniacal-
charlottesville-mayor-michael-signer-says-electors-dump-trump/
[12] chaos: http://www.schillingshow.com/2O1 1/12/05/trash-talk-the-terrifying-
sounds-of-occupy-charlottesville?
[13] inequity: http://www.schillingshow.com/2012/06/07/rutherford-admonishes-
charlottesvi lles-mayor-huja-for-free-speech-discrimination/
[14] mobocracy: http://www.schillingshow.com/2O14/12/ 19/mobocracy-and-
mayhem-race-charged-mob-kills-charlottesville-free-speech/
[15] double-standards: http://www.schillingshow.com/2O12/O6/O7/ unequal
protection-religious-freedom-group-fronts-600-for-1-hour-charlottesville-protest-
occupy-charlottesville-pays-O-for-45-days/
[16] Facebook: https://bearingdrift.com/2017/02/ 15/charlottesville-mayor-
dodges-permit-fees-insurance-capital-resistance-rally/?share=facebook
[17] Linkedln: https://bearingdrift.com/2017/02/ 15/charlottesville-mayor-
dodges-permit-fees-insurance-capital-resistance-rally/?share=linkedin
[18] Google: https: / / bearingdrift.com/ 2017/02/15/charlottesville-mayor-dodges-
permit-fees-insurance-capital-resistance-rally/?share=google-plus-1
[19] Pinterest: https://bearingdrift.com/2017/02/ 15/charlottesville-mayor-
dodges-permit-fees-insurance-capital-resistance-rally/?share=pinterest
[20] Reddit: https:/ /bearingdrift.com/2017/02/ 15/charlottesville-mayor-dodges-
permit-fees-insurance-capital-resistance-rally/?share=reddit
[21] Twitter: https://bearingdrift.com/2017/02/ 15/charlottesville-mayor-dodges-
permit-fees-insurance-capital-resistance-rally! ?share=twitter

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[22) Email: https://bearingdrift.com/2017/02/15/charlottesville-mayor-dodges-


permit-fees-insurance-capital-resistance-rally/?share=email
[23] Print: https://bearingdrift.com/2017/02/ 15/charlottesville-mayor-dodges-
permit-fees-insurance-capita I-resistance-rally/#print

Copyright © 2008 Bearing Drift. All rights reserved.

8of8 8/10/17, l2:56PN


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EXHIBIT

t
AO 140 (Rev 0l09) (12/09 WD/VA) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for (lie
Western District of Virginia

Jason Kessler

/‘/aiinifj
v. ) Civil Action No.
City of Charlottesville and Maurice Jones,
ChaottesviIle Qfly Manager -

Defenckini

SUMMONS IN A CIVIL ACTION

To: flJeTh,dc,,,t c name mid (Ide/tess) Maurice Jones, Charlottesville City Manager
S. Craig Brown, City Attorney
City Attorney’s Office
P.O. Box 911
Charlottesville, VA 22902

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days ifyou

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3)— or 120 days for Social Security Cases filed pursuant to 42 USC 405(g) you must serve on the

plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The
answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are:
Hope R. Amezquita
Leslie C. Mehta
American Civil Liberties Foundation of Virginia, Inc.
701 E. Franklin St., Ste. 1412
Richmond, VA 23219

lfyou fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must tile your answer or motion with the court.

CLERK OF COURT

Date: 08/10/2017
Signat;oe a/C VerA a” Depuri C/ark
AO 140 (Rev 02/09) (2/09 WD/VA) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(ThLv sec/lois should not be filed ,vgtls the court unless required hr Fed. R. fly. P. 4 (0)

This summons for (name of mdn’u/ual and title. fam’)

was received by me on (dare) —

El I personally served the summons on the individual at (place)

On Hate) or

El I left the summons at the individual’s residence or usual place of abode with wame

-
. a person of suitable age and discretion who resides there,
on Hale) , and mailed a copy to the individual’s last known address: or

El I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of fname oforgani;atimo
on (c/ale) or

El I returned the summons unexecuted because : or

El Other (s/’eci/i:

My fees areS for travel and S for services, for a total of S 0.00

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Iil.intLc/ name and title

Servers cu/dress

Additional information regarding attempted service, etc:


AO 140 Rev. 02/09) (12/09 WV/VA) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the

Western District of Virginia

Jason Kessler

/‘/ainqff --

Civil Action No.


City of Charlottesville and Maurice Jones,
criciiyiig ciiy
Dvfcnk;;n

SUMMONS IN A CIVIL ACTION

To: (IJL’fciuLnls c ;imnc and zdd,cssj City of Charlottesville


S. Craig Brown, City Attorney
City Attorney’s Office
P.O. Box 911
Charlottesville, VA 22902

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) —or 120 days for Social Security Cases filed pursuant to 42 USC 405(u)— you must serve on the
plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The
answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are:
Hope R. Amezquita
Leslie C. Mehta
American Civil Liberties Foundation of Virginia, Inc.
701 E. Franklin St., Ste. 1412
Richmond, VA 23219

Ifyon fail to respond. judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion wilh the court,

CLERK OF COURT

Date: 08/10/2017
Signature of Clerk or De;in/i (7erk
AU 440 (Rn 02/09) (12/09 WO/VA) Summons in a CwiI Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(ThLv section should not be filet! with the court unless required by Fed. R. CW p. 4 ))
This summons for (name of nidnidual and title. (a,n’

was received by me on (dale)

D I personally served the summons on the individual at Qthlce) -

on alcac) or

I left the summons at the individuals residence or usual place of abode with (name;

a person of suitable age and discretion who resides there.


on (dale, -

. and mailed a copy to the individuaFs last Iaown address: or

I served the summons on (jianie oflndiruh,al, Who is


designated by law to accept service of process on behalf of (name of orgcii;izaIwil)
on (dale, or

I returned the summons unexecuted because : or

1] Other specifi):

My fees are S for travel and S for services, for a total of S 0.00

I declare under penalty of perjun that this information is true.

Date:
Sen’er , gal lire

I’riniec/ I niggle and title

Sc’rieg ‘s jid fress

Additional information regarding attempted service, etc:


From: Hope Amezquita
Sent: Thursday, August 10, 2017 6:08 PM
To: Brown, Craig
CC: Doug R. McKusick; John W. Whitehead; Leslie Mehta; vmg@robinhoodesq.com; Claire
Gastanaga
Subject: Notice of Complaint Filed, Kessler v. City of Charlottesville, et al.
Attachments: KesslerComplaint20170810.pdf; Summons- Maurice Jones, City Manager.pdf;
Summons-City of Charlottesville.pdf

Importance: High

Mr. Brown:

Please find attached the complaint we have just filed in the Western District of Virginia. We will be filing
an expedited motion and memo shortly. If you have any questions, please call Claire Gastanaga 804-
523-2146.

Sincerely,
Hope

Hope R. Amezquita
Staff Attorney & Legislative Counsel
ACLU of Virginia
701 E. Franklin St., Ste. 1412
Richmond, VA 23219
■ o 804.523.2151 ■ hamezquita@acluva.org
■ f 804.649.2733
www.acluva.org

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3544 iRc t16;171 CIVIL COVER SHEET
The is 44 civil cover sheet and the infbrmation contained herein neither replace nor supplement the filing and service or pleadings or other papers as required by law, except as
provided 1w local rules or court This harm, approved by the Judicial Conlerence of the United States In September 1974. is required br the use of the Clerk ol Court or the
purpose of iniliaiingthe civil docket sheet SH INAIRItIYLVS()NNIVII’A(ih (IF tillS HIllS!)

I. (a) PLAINTIFFS DEFENDANTS


Jason Kessler City of Charlottesville and Maurice Jones, Charlottesville City
Manager, In his official and individual capacities
(U) Count’ of Residence of First Listed I’latntilT y of Charbttesville County of Residence of First Listed I)elndwit 4yof Charlottesville
(I..V():I’H:VFS.I’L4IAiIII(.4M,) (I;VI’S P/A/Nil!) lAS/SUM))
NOTE IS I AND CO\DFMN.VrtuN CASES. ISP TilE I OCATIUN OF
THE 1 RACTOE I AND 1NVOI.\ ED.

( c) Att,srne S I? irs, A ‘“or 1,3 Iris’. / I e/rphn;wNii;,;berj


.
Attorneys (II II’”)

Leslie Mehta/Hope Amezquita, ACLU of Virginia, 701 E. Franklin Street, S. Craig Brown, City Attorney’s Office, P.O. Box 911, Charlottesville,
Suite 1412, Richmond, VA 23219, 804-644-8080; Victor Glasberg, Victor VA 22902, (434-970-3101)
M. Glasberg & Associates, 703-684-11 00, John Whitehead/DouglasMcK

II. BASIS OFjURISDICTIONci’n,,ep,’.,oci,,emiruni,1 III. CITIZENSHIP OF PRINCIPAL PARTIESq’IUL,,,I ,,ir)n,Ib’r/,ri’IaeIif(


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(u/vet/i) traits Ic r Direct I-


Cite the U S. Civil Statute under which you are filing (Do ‘in; c/te j,athdktb,nai sintu;n aankn dit-cniØ-)
Article Ill of the Constitution and 28 U.S.C. 1331
I. CAUSE OF A CTION I3rtef description of cause
violation of First Amendment.
VII. REQUESTED IN D CHECK anus ISA (‘LASSACTION DEMANDS CllI.CK YISonlv ifdetnanded incomplatni
COMPLAINT: UNDER RULE 23, F.R.Cv I’ .IUI{i DEMAND: 5< Yes ;1No
VIII. RELATED CASE(S)
(Sec in Ora,r;I,ln s/
,

IF ANi JUDGE DOCKI. F NIIMI3IR


DATE SIGNATURE OF AHORNEY OF RECORD
08/10/2017 I/s/I HopeR. Amezguita
FOR OFFICE (ISEONI,j

RECEIPTS AMO1JNr APPLYING IFP JUDGE Nt-SO. JtIDGU


UNiTED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA

(Charlottesville Division)

JASON KESSLER. ) Case No.


)
Plaintiff, ) COMPLAINT FOR
DECLARATORY AND
v. ) INJUNCTIVE RELIEF
AND DAMAGES
CITY OF CHARLOTTESVILLE
)

and I )

MAURICE JONES,
Charlottesville City Manager
In his official and individual capacities,

Defendants. )
)
VERIFIED COMPLAINT

PRELIMINARY STATEMENT

1. The First Amendment guarantees political speech, including protest, the highest

level of protection—and the right to speak out is most robust in traditional public fora, including

public parks and streets. Since this country’s founding, people have taken to the parks, streets, and

sidewalks to make their voices heard on matters of public concern. This case is about viewpoint

discrimination by Defendants against Plaintiff. Plaintiffs views are highly controversial and have

evoked strong protests and demands heard by City Council that his permit be revoked.

2. Plaintiff seeks to exercise his protected right to protest in a public park by

organizing a rally in Emancipation Park (“the Park”) on August 12, 2017.


3. Plaintiff wishes to communicate a message that relates directly to the Park—

specifically, his opposition to the City’s decisions to rename the Park, which was previously

known as “Lee Park,” and its plans to remove a statue of Robert E. Lee from the Park.

4. On June 13, 2017, Defendants granted Plaintiff a permit to hold his rally in the Park

on August 12, 2017. In the following weeks. Defendants granted organizations that oppose

Plaintiffs message permits to counter-protest in other public parks just blocks away from the Park.

5. On August 7, 2017, less than a week before the long-planned and permitted event

in the Park, however, Defendants notified Plaintiff in a press conference and by letter (Exhibit B)

that they were revoking Plaintiffs permit and “modif{yingj” their permission to allow Plaintiff to

hold his rally in Mclntire Park only. Mclntire Park is not connected to Plaintiffs message, and is

located more than a mile from the Park.

6. In the August 7 letter, Defendants explained their decision by saying that “it [camel

to the City’s attention that many thousands of individuals are likely to attend the demonstration.”

Defendants further asserted that the City would be “unable to accommodate safely even a peaceful

crowd of this size” in the Park.

7. Defendants have permitted events with audiences numbering several thousand in

the Park in the past, and the events have proceeded without incident. The Charlottesville Police

Department has never before suggested that it would be unable to handle crowds downtown during

festivals held in Emancipation Park that have drawn many thousands of people.

8. While the government may impose narrowly-drawn time, place, and manner

restrictions on the exercise of the rights to speak, petition or assemble, including permit

requirements, the First Amendment prohibits the government from blocking a protest based on its

content or viewpoint, or based on how the government anticipates others will respond to the

2
protest. The revocation of Plaintiffs permit was based on his viewpoint and was not necessary to

achieve any compelling governmental interest.

9. Plaintiffs constitutional rights will be violated, and irreparable harm will result, if

the Court does not provide immediate relief enjoining Defendants from preventing or impeding

Plaintiffs constitutional rights to free speech, petition, and assembly.

PARTIES

10. Plaintiff Jason Kessler is an adult natural person who resides in the Commonwealth

of Virginia.

II. Defendant City of Charlottesville (“the City”) is a political sub-division of the

Commonwealth of Virginia.

12. Defendant Maurice Jones is an adult natural person who is the City Manager for

the City of Charlottesville in the Commonwealth of Virginia. At all times relevant, Defendant

Jones acted and continues to act under color of state law. Defendant Jones is sued in his official

and individual capacities.

JURISDICTION AND VENUE

13. This case arises under the United States Constitution and the laws of the United

States. The case presents a federal question within this Court’s jurisdiction under Article III of

the Constitution and 28 U.S.C. § 1331; this Court also has jurisdiction under 28 U.S.C. § 1343(3)

to redress the deprivation, under color of state law, of any right, privilege, or immunity secured

by the Constitution of the United States.

14. The case seeks remedies under 28 U.S.C. § 2201 and 2202,42 U.S.C. § 1983

and 1988, and Fed. R. Civ. P. 65. This Court may issue a temporary restraining order and

preliminary injunction pursuant to Fed. R. Civ. P. 65(b).


3
15. Venue is proper in this district under 28 U.S.C. § 139 1(b) because a substantial

part of the events or omissions giving rise to Plaintiffs claims occurred in this District.

STATEMENT OF FACTS

From Lee Park to Emancipation Park

16. The City of CharlottesvilLe owns the park bounded by Jefferson Street, First Street

N.E., Market Street and Second Street N.E (“the Park”).

17. HistoricalLy, the Park was known as “Lee Park.” On June 5,2017, the City renamed

the Park “Emancipation Park.”

18. Emancipation Park houses a statue of Robert E. Lee. The City plans to sell the

statue and have it removed from the Park,

19. The City’s decision to rename the Park and sell the statue have resulted in a number

of protests in the Park, one involving a gubernatorial candidate and another an unpermitted

nighttime torchlit march on May 13, 2017 in which Plaintiff and others who plan to attend the

12h
August rally participated.

20. Plaintiff opposes both the name change and the planned removal of the statue. To

communicate his political message, Plaintiff sought to organize a “Unite the Right” rally in the

Park to express opposition to both decisions by the City.

21. Plaintiffs choice of location is critical to the message of the rally, which

specifically opposes two City policy choices about the Park. Holding the protest elsewhere would

dilute and alter Plaintiffs message.

Defendants Granted Plaintiffs Permit

4
22. Defendants require persons wishing to exercise their First Amendment rights on its

public land to obtain a permit from the City’s Events Coordinator. See City of Charlottesville

Standard Operating Procedure (“SOP”) § 3.2.

23. Wishing to exercise his right, Plaintiff duly submitted an application to the City of

Charlottesville on May 30, 2017. Plaintiff applied for a permit to hold a “[f]ree speech rally in

support of the Lee monument” in the Park on Saturday, August 12, 2017. (Exhibit A).

24. In the permit application, Plaintiff estimated that approximately four hundred

people would demonstrate at the planned rally. (Exhibit A).

25. Pursuant to City of Charlottesville SOP § 3.4.6(b), the City granted Plaintiffs

permit application on June 13, 2017.

Defendants Revoked Plaintiffs Permit

26. On August 7, 2017, more than a month after granting the permit and less than a

week before the planned rally—Defendant Maurice Jones sent Plaintiff a letter on behalf of the

City. (Exhibit B).

27. In the Letter, Defendants “denied” or “revoke[d]” the permit for the demonstration

in Emancipation Park. (Exhibit B)

28. Defendants also purported to “modiflyf Plaintiffs permit “to specify that the

demonstration take place at Mclntire Park,” rather than the Park. (Exhibit B)

29. Mclntire Park is not connected to Plaintiffs message, which centers on the City’s

policy decisions regarding Emancipation Park and the Lee statue in the Park.

30. In addition, Mclntire Park is located more than a mile away from Emancipation

Park.

5
3!. Relocating to Mclntire Park would substantially undermine Plaintiff’s ability to

communicate his message about the renaming of Emancipation Park and the decision to remove

the Lee statue from the Park.

32. Defendants say they revoked the permit for Emancipation Park because “it [came)

to the City’s attention that many thousands of individuals are likely to attend the demonstration.”

Defendants did not identify the source of this estimate. Based on the unsupported crowd estimate,

Defendants asserted that the City would be “unable to accommodate safely even a peaceful crowd

of this size” in Emancipation Park, and that “the presence of such a large demonstration in

Emancipation Park would . . . lead[ Ito massive traffic congestion[.j” (Exhibit B).

33. Defendants have acknowledged that “[t)he use of Mclntire Park will still require

the deployment of considerable law enforcement resources[.J

34. Moreover, the City Police Department is now preparing for the possibility that

people will gather at both parks during the rally. The City has announced that it plans to deploy

resources in the downtown area at and around Emancipation Park, negating any possible safety or

traffic congestion benefit from moving the rally to Mclntire Park.

35. In the August 7, 2017 letter, Defendants said that holding the rally in Emancipation

Park would “lead[ to massive traffic congestion” due to road closures. Moving the rally to

Mclntire Park has not alleviated this concern. Instead, the City’s preliminary plans for managing

the August 12 events include the possibility of road closures during the rally. (Exhibit B)

36. The City granted permits for demonstrations opposing Plaintiffs views to occur on

August 12, 2017 in Justice and McGuffey Parks locatedjust blocks away from Emancipation Park

in the same downtown area. Those demonstrations are said to be organized to protest “the messages

of racial intolerance and hatred advocated by” the persons attending the demonstration in the Park.

6
Upon information and belief, the organizers of these other events have encouraged and expect an

attendance of more than 1,000 persons.

37. Despite their allegation that the decision to revoke Plaintiffs permit was not based

on the views he wishes to express, but on the numbers of possible participants, Defendants have

taken no action to modify or revoke the permits issued for demonstrations by (hose with opposing

views.

38. The City’s concerns about holding the rally in the Park appear to stem, at least in

part, from fears of how counter-protesters will respond to the rally. In explaining its plans to

prepare for rallies at both Emancipation Park and Mclntire Park, the City explained that “[wjith

large crowds of individuals with strongly held and potentially opposing beliefs, there is also the

potential for conflict.” See City preparing for large crowds Saturday, Daily Progress (Aug. 9,

2017), available at \ L LI gres mine s/cH\ -lucp4II!1g I” Ligs

satLIaIa\/artiLlc 94U I Nc(ic-EH7 Ic 1)(}ILjLj ;,jc9i b.htnil (emphasis added). This builds on

the City’s experience during the Ku Klux Rally in downtown Charlottesville on July 8, 2017,

during which the Charlottesville Police Department asserted that counter-protesters were involved

in an “unlawful assembly” and used tear gas to disperse the counter-protests.

Defendants’ Reason for Revocation

39. The Defendants claim that the decision to revoke and modify Plaintiffs permit was

a “numbers” decision based on a belief that “many thousands” of people both supportive of

Plaintiff and opposed to Plaintiff would attend. No information about the basis for this belief was

given by Defendants although some have cited a Facebook event for the demonstration which

currently indicates that 700 plus people are “goingS’ and another 1,300 people are “interested.”

(Exhibit G). There is no estimate offered for the number of counter-protestors.

7
40. This Park has been for many years a traditional forum for the exercise of First

Amendment rights. Numerous other groups have protested and demonstrated and held other events

in the Park. Defendant has provided no information about the capacity of the Park, although the

August 7, 2017 letter says that the Park is just over one acre in size. This court may take judicial

notice of the facts that an acre is 4840 square yards, or 43,560 square feet and average adults (50-

50 male-female) take up a cross-sectional area of about 1.5 to 2.0 square feet at chest or hip level.

Taking those facts and applying basic math (dividing the number of square feet in an acre by the

area taken up by average adults) an estimate of the number of people that could be accommodated

standing on an acre of land would be between 29,040 and 21,780 people per acre.

41. The Charlottesville Police Department has the ability to deploy not only its own

officers to provide protection of PlaintifFs exercise of his First Amendment rights but also officers

from the Virginia State Police, other local law enforcement agencies, and, potentially, the Virginia

National Guard. This was demonstrated during the July 8,2017 Ku Klux Klan rally.

42. At the press conference held on August?, 2017 at which the Defendants announced

the decision to revoke PlaintifFs permit, the Charlottesville Police Chief never said that his

department could not provide adequate protection for Plaintiff’s proposed rally at Emancipation

Park using City’s active duty police force and, if necessary, additional local, state and federal

forces. The ChieFs statement included information about why his department felt that having the

demonstration in Mclntire Park would be “safer” but did not say that the Department would be

“unable” to protect the safety of demonstrators, counter-demonstrators and the public in the

downtown Emancipation Park location, especially if the City enacts the preliminary plans for road

closures announced on August 9, 2017.

8
43. The City can rely on other local, state and federal forces to adequately manage the

rally if necessary. On August 9, 2017, the City announced that its police department has been

working with other police agencies, including the Virginia State Police, to prepare for the rally and

that the local and state forces together intend to “have a visible presenc&’ at the rally. While

members of the National Guard have not yet been called upon, the City stated that the National

Guard Forces will monitor events and will respond if needed.

44. The City’s claim that it cannot safely manage a demonstration involving 400 people

and possibly “thousands” is belied by the fact that the City routinely manages crowds of up to

3,500 people at the Sprint Pavilion on the Downtown Mall and previously has granted permits for

rallies and events with “thousands” of attendees in Emancipation Park without incident or

intervention from the City. For example, in 2013, 2014 and 2015 an estimated minimum 2,000

people attended the Cville Pride Festival in Emancipation Park each year. Upon information and

belief, thousands of people attend an annual Spring block party in Emancipation Park. On May 14,

2016, it was reported that “thousands” of people gathered in Lee Park [sicj [or a Festival of

Cultures event. (Exhibit H).

45. People also have been allowed to demonstrate in the Park without permits in

circumstances where the number of potential participants could not be forecast. On May 14, 2017

after a torch lit demonstration the previous night protesting the renaming of Emancipation Park

and proposed removal of the Lee Statue, a candlelight vigil was held in the Park by counter

protestors without incident. Neither event was permitted. (Exhibit I).

46. The City has also allowed at least one event promoting a progressive point of view

supported by the Mayor to take place on public grounds in a downtown area smaller than

Emancipation Park without a permit. On January 31, 2017, there was a demonstration in front of

9
Charlottesville City Hall (not sponsored by the City) at which Mayor Michael Signer proclaimed

Charlottesville the “Capital [sic] of the Resistance” after the inauguration of Donald Trump. The

event drew as many as seven hundred attendees. No permit was obtained by the organizers in

advance nor was there any response by Defendants after the fact to sanction the organizers for

holding such a rally without the required City permit. Leading up to this event, a Facebook event

page listed 487 people as “going” and another 951 as being “interested.” (Exhibit H). Mayor Signor

remarked after the event that he was “stunned by the huge, spontaneous turnout on such short

notice which I think is evidence of how strongly folks feel about standing up for American values.’

47. The City has expressed a preference for the counter-protesters. On August 9,2017,

a spokeswoman for the City encouraged individuals to “consider attending [events on counter

programming to the rally].” The City has never encouraged individuals to consider attending

Plaintiff’s rally.

48. Members of the City Council who have the authority to hire and fire Defendant

Jones have made clear their opposition to Plaintiff’s political viewpoint. On June 21, 2017, Mayor

Michael Signer described the planned August 12ih


rally’s content and speakers as “racist and

bigoted.” (Exhibit C). Previously, after a candlelight vigil held as a counter protest to a “torch” lit

demonstration against the Park renaming decision the night before, Mayor Signer issued a public

statement saying that “intolerance is not welcome here” and the next day tweeted a picture of the

May 14, 2017 vigil with the caption, “Candlelight vigil against hatc in Cvillc. These arc the kind

of”torches” I like to see.” (Exhibit F and Exhibit E). On August 2,2017, Vice Mayor Wes Bellamy

responded to a tweet from the Twitter handle “Solidarity Cville,” which described the “Unite the

Right” rally as “fascism” and called for confronting the event, with “this is dope! #Resist.” (Exhibit

J)

10
49. At the Charlottesville City Council meeting on Monday, July 17, 2017, 13 of the

15 people who spoke during the public comment period either criticized the actions of the

Charlottesville Police Department and the Virginia State Police during and after the Ku Klux Klan

rally on July 8 or advocated that the permit granted to Plaintiff for the August 12u1
demonstration

be revoked or reissued for Mclntire Park because of their opposition to the Plaintiff’s message or

both. When the City Manager began to respond to the public comments about the police actions at

gth
the July event taken against counter-demonstrators during and after the Ku Klux Klan

representatives were demonstrating, the crowd became disruptive, yelling “liar,” and the Mayor

suspended the meeting rather than have police personnel remove those who were disrupting the

City Manager’s comments.

50. On July 27, 2017,43 downtown businesses wrote a letter to Council demanding

that the City treat the planned August l2 demonstration like a public event and impose additional

requirements on the organizer and that it consider moving the event because of the risk to public

safety and their businesses. One business owner who signed the letter said that “the organizer and

other would-be attendees” at the demonstration had “crossed the line from free speech to basically

a call to imminent lawless action.”

51. In an interview with CBS l9News on July 12” Plaintiff said that he “absolutely

intends to have a peaceful rally.” Plaintiff added that he expected 400 people from around the

country to attend and promised that his group would “avoid violence.” In the same news story,

critics of Plaintiff said that they would encourage their members to show up “in large numbers”

and argued that the police should not show up because they “put people in danger.”

52. Despite representations that the decision to revoke the Plaintiffs permit was made

by Defendant City Manager, there was a closed three-hour meeting of City Council on August 2,

11
2017 at which Defendant City Manager, the City Attorney and other staff including some

representatives of law enforcement were present. Council issued a statement that evening about

the subject of the meeting: “This evening, Charlottesville City Council met in closed session to

consult with legal counsel and staff regarding the best options to keep the community safe during

the August 12 Unite the Right Rally while preserving the 1st amendment rights of participants.”

53. The Plaintiff met with Defendant City Manager Maurice Jones, Park’s Business

Operations Supervisor Michelle Christian and Police Captain Wendy Lewis the morning of

Monday, August 7th. At the meeting, the Defendant City Manager asked the Plaintiff to accept the

City’s decision to modify his permit for Mclntire Park. Plaintiff asked the City Manager what the

occupancy limit for Emancipation Park would be and asked if the permit could be kept in place if

he agreed to keep the crowd size within that limit. The Defendant would or could not give Plaintiff

an occupancy limit number. Then, Plaintiff asked Defendant whether he could maintain the permit

if he agreed to have the attendance limited to 400. The Defendant City Manager did not respond

and proceeded to implement his decision to revoke and modify the permit as described in the

August 7 letter without providing an answer or seeking to resolve any legitimate public safety

concerns Defendants might have about hoLding the demonstration in Emancipation Park.

54. Later on August 7th, after the press conference where the City announced that the

permit for Emancipation Park was revoked, Plaintiff entered a closed door meeting with Captain

Lewis, Chief of Police Al Thomas and Incident Commander Captain Victor Mitchell. Plaintiff

asked if the police would still enforce previously agreed upon security arrangements for the Unite

the Right demonstration in the Park whether there was a permit for that site or not. The Chief of

Police indicated in the affirmative. Plaintiff asked the Chief if the police would still keep counter

demonstrators out of the park prior to the Unite the Right demonstration and he indicated in the

12
affirmative. Plaintiff also asked Chief Thomas if the police would still set up barricades around

the park and allow Unite the Right to control access into the park via two entrance points on the

Market Street side of the park as was previously agreed upon. He indicated in the affirmative.

55. The next day on Tuesday, August 8th Plaintiff met with Captain Lewis, Captain

Mitchell and one other police official. They told Plaintiff that Chief Thomas changed his mind and

that the Plaintiffs demonstration would receive none of the protections in Emancipation Park

promised the day before. The police representatives also told Plaintiff that the police would only

keep people out of Lee Park until 6am when it typically opens instead of allowing Unite the Right

to restrict access to their demonstrators as had previously been agreed. The police said that the

Park would be divided in half between demonstrators and counter-demonstrators. Plaintiff asked

how the police intended to tell one from the other or to preserve distinct areas for demonstrators

with opposing views. The police representatives told Plaintiff that there was no plan for them to

do that, so theoretically the counter-demonstrators would not only still have permits for the two

other parks in the area (McGuffey and Justice) but also be allowed to occupy all of Emancipation

Park without a permit being issued.

56. Before Leaving the meeting on August 8th. PLaintiff asked if Parks and

Recreation would allow use of the power or water in the park and they said no. Plaintiff asked

why all these changes had been made to security and the policy of Parks and Rec and if this was

due to political pressure. Capt. Lewis indicated affirmatively with her facial expression and body

language.

57. Thus, with his scheduled rally only two days away, Plaintiff does not have a permit

enabling him to demonstrate in Emancipation Park, and counter-demonstrators have two

downtown permits and the ability to occupy Emancipation Park without a permit.

13
58. Unless Defendants and their agents are enjoined, Plaintiff, other similarly-situated

protesters who share his views, and other members of the public will be irreparably harmed as they

will be prevented from peacefully gathering to express their views on pressing issues of public

concern at a time, place and in a manner reasonable for them to do so.

CLAIM FOR RELIEF


FIRST AND FOURTEENTH AMENDMENT RIGHTS
42 U.S.C. § 1983

59. The foregoing paragraphs of this Complaint are incorporated by reference as if each

is fully set forth herein.

60. Defendants’ revocation of the requested permit violated—and, unless enjoined by

this Court, will continue to violate—Plaintiff’s rights to freedom of speech, assembly, and petition

as guaranteed by the First and Fourteenth Amendments to the United States Constitution.

61. The Defendants’ revocation of Plaintifrs permit was based on his viewpoint and

was not necessary to achieve any compelling government interest, in violation of the First and

Fourteenth Amendments;

62. To the extent that the revocation of the permit was based on crowd size, the

revocation was not narrowly tailored to a substantial government interest, and did not leave open

alternative means of communication.

REQUEST FOR RELIEF


WHEREFORE, Plaintiff prays that this Honorable Court:

A. Enter judgment declaring that Defendants’ revocation, denial andlor modification of

Plaintiffs requested permit to hold a demonstration in Emancipation Park on August 12,

2017 violates the First and Fourteenth Amendment to the United States Constitution;

14
B. Enter a temporary restraining order and/or preliminary injunction enjoining Defendants to

permit the demonstration to go on as planned in Emancipation Park on August 12, 2017

from 12pm to 5pm and to provide such security as may be necessary to protect the rights

of the demonstrators and the public.

C. Award Plaintiff his costs and reasonable attorneys’ fees in this action;

D. Grant Plaintiff such other and further relief, including damages for the violation of

Plaintifrs constitutional rights, as the Court may deem just and proper.

Respectfully submitted,

JASON KESSLER

By Counsel

Dated: August 10, 2017

Counsel for Plaintiff

//s// Hope Amezguita


Hope R. Amezquita (VSB No. 74629)
Leslie Mehta(VSB No. 90437)
American Civil Liberties Foundation of Virginia, Inc.
701 E. Franklin St., Ste. 1412
Richmond, VA 23219
Phone: 804-644-8080
Fax: 804.649.2733
Email : lmehta@acluva.org
Email: hamezquita@actuva.org

//s// Victor M. Glasberg


VictorM. Glasberg (VSB No. 16184)
Maxwell C. Sokol (VSB No. 89589)
Victor M. Glasberg & Associates
121 5. Columbus Street
Alexandria, VA 22314
Phone: 703-684-1100
Fax: 703-684-1104
Email: vmg@robinhoodesq.com
Email: msokol@robinhoodesq.com
15
John Whirehead (VSB No. 20361)
Douglas R. MeKusick (VSB No.72201)
The Rutherford Institute
923 Gardens Boulevard
P.O. Box 7482
Charlottesville, Virginia 22906
Phone: 434-978-3888
Fax: 434-978-1789
Email: johnw@rutherford.org
Email :douglasm@rutherford.org

16
CERTIFICATION OF COUNSEL

Pursuant to Fed. R. Civ. p. 65, counsel certifies that he will attempt to give notice to

Defendants of CM/ECF filing to the following:

S. Craig Brown, City Attorney


City Attorneys Office
P.O. Box 911
Charlottesville, VA 22902
Phone: 434-970-3101
Facsimile: 434-970-3890
Email:brownc @charlottesville.org

VERIFICATION

1, Jason Kessler. the plaintiff herein, declare under penalty of perjury that I am

personally acquainted with the mattcrs alleged in paragraphs 3, 4, 5, 7, 10, 19,

20,21. 23, 24, 25, 26, 27, 28. 29, 30. 31, 32, 33, 35, 48, 51. 53. 54, 55, 56, and 58.

and that the allegations in these paragraphs are true to the best of my knowledge,

information and belief.

Jason Kessler

17
si-[ 41. ±VENT APPLICATION REQUEST FOR OFFICIAL USE ONLY
$k5.do AjJh-Refundable Application Fee Required. Organizational Status:
Please attach any additional info to this form.
Non-Profit Commercial Independant
nrti

I Return to: — Maps Attached — ABC Permit Required


Charlottesville Parks & Recreation — Tent Permit Required License Verified
P.O. Box 911 INIA
Charlottesville, VA 22902

INDEMNIW RELEASE
In making this request, the applicant’understands that the sponsor will hold harmless and indemnify the City,
its officers, employees, and agents against injury, loss or damage occurring as a result of this special event.
Sponsors of special events held on public property will be required to provide Special Event Liability Insurance
in an amount not less than $1 million dollars, naming the City of Charlottesville, its officers, officials, employees
and agents as an additional insured party to the contract. For additional information regarding this requirement
please contact the Charlottesville Parks & Recreation Department at 970-3260.

Sponsor(s) Name: Te’$ GA


- Address: 1013 6 VPRVtS3 qe

Sponsor Telephone:
t.f3 tt S5& 7 z
Event Contact Name:

ContactAddress: A\+qvI*c Ày-c


1o13 B
£1r-i bfesvR I efl
y9oq 3D 9-OL7
Contact Telephone: Office Date Appllcation Received By P&R

Home( )
Cell (9’3q) qqc—s5c7
3/30717
APPL2iCANT SIGNATURE DATE

DATE APPLICATION SUBMITTED: 5/30117


EVENT PURPOSE / BRIEF DESCRIPTION:

irpx’ 5paed-, rt1sj SOP poI+ o’-. 4a- Lee- MOnuiesiF


I I)
_____
_____
_____
_____
____
___
___
_____
_____
_____
_____
_____
_____
_____

IDEINTIFY E”NT CATEGORY: — CARNIVAL EMONSTRATION FAIR FESTIVAL


— —

— FUNDRAISER HISTORICAL CELEBRATION MARATHON


RACE/WALK PARADE—
OTHER (Describe Other)

EVENT VENUE & LOCATION REQUESTED: Le- Pq.rK


LIST RACE/WALK STREET ROUTES, IF APPLICABLE (A clear & legible map showin
g walk/run routes also requested
—Please attach map to application):

STREET CLOSING REQUESTED, IF SO INCLUDE LOCATIONS AND CLOS


ING /OPENING TIME(S): _YES 1N0
LOCATION(S):

CLOSING DATE(S)_. CLOSING/OPENING TIME(S): FRONI am/pm UNTIL: am/pm


jUcoi r-’
EVENT START DATE/TIME: kIf1L JIZR7
(WEEKDIY) (DATE) (TI E)
EVENT END DATE/TIME: &14Q7 £ft7
(wEEKO&v) (DATE) (TIME)
EVENT SET UP DATEITIME (INCLUDE WEEKDAY5: £tyr’uy - lZpAl
(WEEKDAt) (DATE) (LIME)
EVENT BREAKDOWN DATE/TIME (INCLUDE WEEKDAY):
(WEEKDAY). (DATE) (lIME)
EVENT RAIN DATE REQUESTED: YES NO DATE REQUESTED:
(WEEkDAY) 4(DATE)
ESTIMATED # PARTICIPANTS: WILL AMPLIFIED MUSIC BE USED: YES NOJ

DENTIFY TYPE MUSICAL ENTERTAINMENT REQUESTED: BAND — DISC-JOCKEY — OTHER


DITY UTILITIES NEEDED? YES — NOL IDENTIFY TYPE UTILITIES NEEDED, IF APPLICABLE:

IW EQUIPMENT REQUESTED, IS SO PLEASE IDENTIFY TYPE EQUIP


MENT: NO
F YES, IDENTIFY TYPE EQUIPMENT REQUESTED:

)THER CITY SERVICES REQUESTED YES NO


Please identify the area of sendces needed including staff assistance
if applicable):
PLEASE USE THIS SPACE TO PROVIDE A DIAGRAM OF HOW YOU PROPOSE TO SET UP THE EVENT VENUE SPACE

3
IDENTIFY EVENT EQUIPMENT & QUANTITY OF EQUIPMENT TO BE PLACED IN/ON REQUESTED VENUE SPACE

# OF BQOTHS SIZE OF EACH BOOTH

ft OF CANOPIES (Pop-Up) 2E SIZE OE EACH CANOPY

# OF TABLES SIZE OF EACH TABLE

II OF TENTS i i.S Y I C SIZE OF EACH TENT (900 sq. ft. & above will require
Permit from City NDS Dept.)
ft OF STANDS SIZE OF EACH STAND

OTHER EQUIPMENT (See Below)

(PLEASE DESCRIBE OTHER EQUIPMENT REQUESTED FOR PLACEMENT):


Please note if other” equipment includes the use of a moon bounce and or inflatable carnival type rides and activities provided
by a 3rd party vendor, proof of insurance by the vendor providing such equipment will be required. The 3rd party vendor shall
provide a current certificate of insurance indicating at least $1 million in general liability and completed operations coverage and
certificate of workers’ compensation coverage, if applicable. Said insurance shall name the City of Charlottesville (including its
officers, officials, employees and agents) as an additional insured party to the insurance contract. A copy of said documents
must be provided to the Parks & Recreation Administration Office by the requested due date specified.

ALCOHOLIC BEVERAGE INVOLVED IN THIS ACTIVITY: YES



I
NO (If Yes please describe circumstances
involved with the use of alcoholic beverage and if the activity involves the sale of alcohol at this event)

Describe:

HEALTH DEPARTMENT INFORMATION REQUESTED

WILL FOOD BE DISTRIBUTED AT THIS EVENT: YES— NO (If Yes a Temporary Food Permit will be required
by the State Health Department (Thomas Jefferson Health District (FJHD) located on Rose Hill Drive (434) 972-6259.
Please provide the below information requested by the TJHD).

NUMBER OF VENDORS — CONTACT NAME (If different from Sponsor/Applicant):

CONTACT TELEPHONE (If different fromfponsor/Applicant):

IS SITE EQUIPPED WITH WATER FAUCETS/FIXTURES: — YES .j NO


MEANS OF WASTEWATER DISPOSAL:
Parks & Rec Admin Clerk: fm
P0 Box 911
501 East Main Street
Charlottesville VA 22902
Phone: (434)970-3260
ST Tax ID: 0000723169
Fed Tax ID: 54-600-1202
Date: 05/30/2017 @ 11:46am

internal zzzhousehold

I Description Ext Prióe I


Special Event Applic 25.00
ITEM: BSE

Total New Fees 25.00


Discount Applied 0.00
Total Due 25.00
Total Fees Paid 25.00
Total Paid 25.00
Payment of: 25.00 Made By:CREDIT Auth:
047607 Card#: xxxxxxxxxxxx507l

Receipt # 1210253
Af3RD CERTIFICATE OF LIABILITY INSURANCE DATE (MMICDNYYY)
0610512017
PROPUCER THIS CERTIFICATION Is ISSUED AS A MATTER OF INFORMATION
East Main Slreat Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
WIll Maddux HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PC Box 1298 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Grass Vafley, CA 95945
Phone: (530) 477-6521 EmaIl: Info@thoovonthelper.com INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURERk Evanston Insurance Company 35378
Jason Kessler pJSuRERB:
1013 AilavIsla Ave Apt B
IN,,URER C
Charlottesville, VA 22902
INSLER 0:
INSURER E
COVERAGES
ThE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO ThE INSURED NAMED ABOVE FOR ThE POLICY PERIOD INDICATED. NOT’MTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WI1CH This CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL ThE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS$ ADO1 POliCY EFFEOTNE POUCY EXPIRATIONI
LW NSRI TYPE OF INSURANCE POLICY NUMBER DATE (MILtONYI DATE IMMiODWY) UNITS

A V
GENERAL LIABILITY
COMMERcIALGENERALUABIrnTY
I s i ,oanooo
30S5455.M1533832 0511212017 06fl312017 MEDEW(Aaiynpnoo) 1 5.000
CLAIMS MADE OCCUR PERSONAL I ADV INJURY $ — - — 1,000,000
Host Liquor Liability GENERAL AGGREGATE 2.000,000
GE AGGREGATE LIMIT APPLIES PER: PRODUCTS CUMP/OP ASS
. $ 1000000
POLICY LOC DEDUCTIBLE 5 1,000
Retail Liquor LIabIlity -.

AUTOMOBILE LIAOIUW
COMBINED SINCLE UNIT
ANY AUTO (Es accidenl)

ALLOt’MEDAUTOS
BDDILYINJURY
$
SCHEDULED AUTOS (Per person)

HIREDAUTOS
DODILYINJURY
$
N0N-OqED AUTOS (Per accident)

. PROPERTY DAMAGE
$
(Per accidenl)

— OARAGEUABILETY AUTOONLY-EAACCIDENT
! --

1ANYAUTO OTHERTHAN EAACC S

p AUTO ONLY: AGO $


EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S

J OCCUR DCLAIMSMADE AGGREGATE

S
DEDUCTIBLE $
I_RETENTION $
WORKERS COMPENSATION AND
I 4\CSTAIU- DIN
EMPLOYERS UADIUW
LIMITS I ER

ANY PROPRIETOThPARTNEWEXECUT1VE
EL EACH ACCIDENT S
OFRCERaAEMSER CLUDED? EL DISEASE EA EMPLOYEE
. S
It ye,. desoibe Late,
SPECIAL PRO\ISIONS bc’cw EL DISEASE POLICY LIMIT
. S
OTHER

DESCRIPTiON OF OPERATIONS I LOCATIONS I ‘JDIICLES I EXCLUSIONS ADDED By ENDORSEMENT I SPECIAl. PROMISIONS


Ce,llflcalo holder listed below is named as addItIonal Insured per aBashed CG 202607 04.
Attendance: 400, Event Typo; Meetlr,g Outdoor.
-

CERTIFICATE HOLDER CANCELLATION


Lee Park SHOULD ANY OF THE ADOvE DESCRIBED POLICIES BE CANCELLED BEFORE ThE EXPIRATION
201-290 2nd St NE DATE THEREOF, THE ISSUING INSURER WILL CHDEA’JOn TO MAIL .__,
DAYS WRITTEN
Charlottesville, VA 22902
NOTICE TO THE CERTIFICATE HOLDER NAMED TO ThE LEFT, “ ‘T FM’ ‘ ‘ nc TO DO SO””’
‘rocc”D “ ‘‘.tOPl “P ‘ “I’ rn or.rIvIIr”U”onTIIc ItURCP, IT” .“'CFJTC 09
nCrnCtfllTXnVEC.
AUThORIZED
REPRESENTATIvE,t/,S
I
ACORD 25(2001/08) ©ACORD CORPORATION 1988
CITY OF CHARLOTTESVILLE
To be One Community Filled with Opportunity”

Office of The City Manager


P.O. Box 911 Charlottesville, Virginia 22902
Telephone 434-970-3101
Fax 434-970-3890
www.charIottesville.org August 7, 2017
By Electronic and U.S. Mail

Dear Mr. Kessler:

I write on behalf of the City’s Department of Parks and Recreation in reference to your
May 30, 2017 application for a permit to conduct a demonstration in Emancipation Park on
August 12, 2017. While demonstrations are typically handled through that Department, the
unprecedented size and scope of your rally at its proposed Downtown location requires me, as
the City official charged with the general supervision and control of City property, to review
your request in light of its significant impact on the community.

Based on information provided to me by law enforcement officials, the City has


decided to approve your application for a permit to hold a demonstration on the day and at the
times requested, provided that you use Melntire Park, rather than Emancipation Park, for your
demonstration. To the extent that the permit is deemed granted due to inaction within tcn days of
receipt of the application, the City hereby modifies the permit, based on the above-referenced
information, to specify that the demonstration take place at Mclntire Park. If you are unwilling to
use the Mclntire Park location, the permit for Emancipation Park is hereby denied pursuant to
section 3.4.5 of the City’s Standard Operating Procedure (“SOP”) for Special Events and
Demonstrations or, if the Permit is deemed granted due to inaction within ten days of receipt of
the application, the City hereby revokes the permit pursuant to section 3.4.7 of the City SOP.

Your permit application states that the demonstration will consist of approximately 400
people. However, in recent days it has come to the City’s attention that many thousands of
individuals are likely to attend the demonstration. Because Emancipation Park is a relatively
confined space of just over one acre in a densely populated urban area with limited parking
space, it is unable to accommodate safely even a peaceful crowd of this size. The City’s law
enforcement, fire and emergency medical services personnel cannot adequately protect people
and property in and around Emancipation Park due to the number of anticipated attendees trying
to occupy such a small and confined space. The Police Department also anticipates that the
presence of such a large demonstration in Emancipation Park would require the closing of a
section of East Market Street, leading to massive traffic congestion and shutting down a principal
means of ingress and egress, for the duration of the 5 hour rally.

EHIBIT
Mr. Kessler
Page Two

A large demonstration at Mclntire Park does not present the same problems. The use of
Mclntire Park will still require the deployment of considerable law enforcement resources, but
the size, layout and other features of the Park will better enable the City’s law enforcement and
other emergency personnel to protect the attendees and the public. In contrast, holding such a
large rally at Emancipation Park poses an unacceptable danger to public order and safety.

In our last conversation you were insistent that the rally take place at Emancipation Park.
We ask that you reconsider that position. The City reserves all rights should you decide not to
abide by the terms of your approved permit.

Sincerely,

Maurice Jones
City Manager

2
•.000Verjzon ? 4:57 PM 1 0 * 31%D
mobile.twitter.com

1- Mike Signer 0
0

Mike Signer @Mikesigner Jun 21


It appears even the “Proud Boys” have
disavowed the August 12 alt-right event for
racist and bigoted content and speakers.
#donttakethebait.
Q4 U Qg

Mike Signer @MikeSigner Jun 21


Proud to work w/my colleagues at
@CvilleCityHaIl on Unity alternatives to KKK
on July 8. unitycville.com.

City plans alternate events, urges


ignoring Klan rally
dailyprogress.com

fl3

U Mike Siqner Retweeted


••ooo Verizon ‘ 4:55 PM I’O*33%I_I,

mobile.twitter.com C

0
Mike Signer 0
0

Q 1.2K U 153.8K Q 382.3K


Mike Signer @Mikesigner Jun 22
Folks, this is the so-called “Proud Boys.” My
9th grade locker room was more manly &
advanced. #donttakethebait.

Alt Right Va @AltRightVa


pscp.tv
1._
Q4 fl5

Mike Signer @MikeSigner Jun 22


#stateoftheresistance

Andrew Cain @AndrewCainRTD


Quinnipiac pollster Peter Brown:

> I j]
4- Posts 0.

0 Mike Signer
May13 at 10:39pm 0

Statement on the Demonstration at Lee Park

This event involving torches at night in Lee


Park was either profoundly ignorant or was
designed to instill fear in our minority
populations in a way that hearkens back to the
days of the KKK. Either way, as mayor of this
City, I want everyone to know this: we reject
this intimidation. We are a Welcoming City, but
such intolerance is not welcome here.
Like Comment Share

OQ.i, 305

EXHIBIT
Mike Signer V
©MikeSigner
Candlelight vigil against hate in Cville.
These are the kind of “torches” I like to
see.
9:01 PM May 14,2017
-

Q26 fl218 2614

EXHIBIT
1
AUG
Unite the Right Free
12 Speech Rally
Public Hosted by Jason Kessler

* st,

Interested Going Share More

Sat, Aug 12 at 12 PM 5 PM EDT


-

0 This week

Lee Park
9 201-299 2nd St, Charlottesville, Virginia 22902

ABOUT DISCUSSION

Say something...

727 Going• 1 .3K Interested 954 Shares

ETI
-J
S
r Li
Lee Park Holds 13th Annual Festival of Cultures - NBC29 WVIR Charlottesville, VA Ne... Page 1 of 2

INTRASTATE t Intrastatelnccom
434.295; 6565
ME MEW C ENTER Create Account Laaio

LOCAL RADAR 7-’DAV STATE RADAR Charlottesville

81° CHARLOTTESVILLE D rAvE

Feels like 510 tow 550 High 115’


HOME NEWS WEATHER SPORTS FEATURES PROGRAMMING INSIDE 29 HEALTH

a home’s bes

Lee Park Holds 13th Annual


Festival of Cultures
or. ‘i ‘.‘/:‘‘s1r’

CALOT1E5ViLL[ Vt WVIW ‘oie then 40 cuanres weie iepresentcd at


I he onnun. Festival of Cultures in Chei lctcsville

Tnousc:n± of people gathered in Lee Park Sctudcy. kicy it For the event.
They were treatr:ci to ;i;Ierrotiancl perlorn’ers erEsons food vendors. end
ctjturrl disoteys

These were nil put logetber by people who live in Charlottesville now as a way
to shore their netivrr enlist os

And e clso ‘cnlly want to we!zome the residents who were not born here the
new iesdc’’;t3 who ne C (OPSO receru y. or the last Few ycci s here And these
r’ewc oilers hove saint ii ig to share w.th us We really can cern From them
said .00.9;ilCtOr Zekfre Becsey

Orasnizers soy br v.ce’i 3500 aid 4000 people sopood by for the Festival in
spite of SeturUny eliot noons sorely wectl’er

ee Also

I. Mortgage Refinance Rates ) 6. Best Cell Phone Deals

2. Local Job Listings ) 7. 10 Best Smartphones

3. High Speed Internet Plans ) 8. Work From Home Careers

4. Best High Dividend Stocks ) 9. Moisturizers For Dry Skin

5. Top ID Cars To Buy 10. Free Restaurant Coupons

HOME NEWS WEATHER SPORTS FEATURES PROGRAMMING INSIDE 29 HEALTH

EXHIBIT
EEC FCC

http://www.nbc29.com/story/3 1975097/lee-park-holds-I 3th-annual-festival-of-cultures S/lu/lull


Bearing Drift Charlottesville Mayor Dodges Permit, Fees, Insurance f... https://bearingdrift.com/201 7/02/I 5/charlottesville-mayor-dodges-per..

- Bearing Drift - https://bearingdrift.com -

Charlottesville Mayor Dodges Permit, Fees, Insu


for “Capital of the Resistance” Rally
Posted By Rob SchHIing On February 15, 2017 © 1:10 PM In Local Government I
Comments

A January 31 “Capital of the Resistance [1]” rally in downtown Charlottesville [2], convened
by Mayor Michael Signer [3], was held without a permit, according to City spokesperson,
Miriam Dickler—and apparently without the payment of legally codified costs and fees.

Media reports [4] estimated attendance anywhere from “several hundred” to seven hundred
people.

City “Standard Operating Procedures” policy #100-04, “Special Events Regulation [5]”

stipulates:

That the process is in place to “...ensure public convenience in the use of city streets and
outdoor areas, the preservation of public order and safety, and the defraying of
administrative expenses associated with certain types of uses.” [Section 1.0 Purpose]
That the City Manager (Maurice Jones [6]) is responsible for managing such events, and that
City departments (police, fire, public works, and Neighborhood Development Services)
review event applications. [Section 2.0 City Departments/Organizations Affected]
That Signer’s event would likely be classified a “demonstration” or “non-commercial
expression protected by the First Amendment of the United States Constitution (such as
picketing, political marches, speechmaking, vigils, walks, etc.) conducted on public property;
the conduct of which has the effect, intent or propensity to draw a crowd...” [Section 3.1.3
Definitions]
That an event of this magnitude “may be held only pursuant to a permit issued by the
Events Coordinator...” [Section 3.2 Permit Requirements]
That applications for events on the Downtown Mall be submitted in writing at least 10
business days “in advance of any proposed demonstration...” [Section 13.2 Permit
Applications]
That a permit application fee be paid “by the sponsor of every proposed demonstration...”
[Section 3.4.3]
That “all City ordinances and State statutes limiting the use or obstruction of fire lanes,
emergency routs and pedestrian walkways must be observed. No person(s) participating in a
demonstration...shall block any entrances to or exits from City buildings...” [Section 3.5.3 No

8/10/17, 12:56PM
bearing Dri ft Charlottesville Mayor Dodges Permit, Fees, Insurance f... https://bearingdrift.com/20 17/02/15/charlottesville-mayor-dodges-per...

Impediments to Public Access]


That prior to the commencement of the event, “Sponsors of demonstrations for which a
permit is required shall be required to indemnify and hold harmless the City...” and “shall
furnish a general liability and property damage insurance contract insuring the Sponsor’s
liability” in “an amount not less than $1,000,000 [Section 3.5.4 Indemnification and
Insurance]
That sound amplification is permitted only if “prior notice has been given to the Events
Coordinator...” [Section 3.5.7 Sound Amplification]
That “The Sponsor of every special event shall be required to pay (in advance) a fee for
cleanup costs [Section 3.5.13 Sanitation and Garbage]
That “Sponsors must pay an Electricity Fee to the City, in advance.” [Section 3.5.14
Electricity]
That “Sponsor will be billed per hour for each officer actually utilized...” based on
“circumstances of the event” and “based on the regular hourly rates of salaries for the police
personnel utilized.” [Appendix A]
In addition to numerous likely violations of City regulations and missed payment of
obligatory fees, Signer appears to have utilized City resources, including the email and paid
time of City Council Clerk, Paige Rice, in the coordination of his event. At 2:29 PM on
January 30, Rice emailed the following “Media Advisory,” listing herself as the contact person
for Signer’s event:

From: “Rice, Paige” <ricep@charlottesville.org>


Subject: MEDIA ADVISORY: Mayor to Convene Faith, Civic Leaders outside City Hall *THIS
TUES at 12PM*
Date: January 30, 2017 at 02:29:16 PM EST

Contact: Paige Rice


ricep@charlottesville.org
(434) 970-3113
Press Release:
FOR IMMEDIATE RELEASE
Monday, January 30, 2017

Signer calls on residents to defend American values, declares City a “Capital of the
Resistance”
Mayor to convene faith, civic leaders for announcement Tuesday

CHARLOTTESVILLE — On Tuesday, January 31, Mayor Mike Signer will convene area leaders
and a growing number of Charlottesville residents for a special announcement and rally
outside City Hall. The purpose of the event is to send a clear signal to all those alarmed by

2oC8 8/10/17, l2:56PN


Bearing Drift Charloitesville Mayor Dodges Permit, Fees, Insurance f... https://bearingdrift.com/20 17/02/I 5/charlottesville-mayor-dodges-per...

the recent Executive Order of President Donald Trump.

Signer and numerous religious and civic leaders of Charlottesville hope to offer a bulwark
against fear, division, and uncertainty in the wake of the president’s action last Friday, and
in light of Trump’s call for “a ban on all Muslims entering the country,” during his election
campaign.
“Our strength lies in our values of diversity, tolerance, and shared humanity,” said Signer.
“Charlottesville, the historic home of Thomas Jefferson and James Madison, must stand up
for these American values and be a Capital of the Resistance.”

WHEN: Tuesday, January 31st at 12:00 noon — 1:00 p.m.


WHERE: Charlottesville City Hall, 605 E. Main Street, Downtown Mall entrance
WHO: In addition to the mayor, speakers include:
Khizr Khan, Esq., Gold Star Families
Karim Ginena, Islamic Society of Central Virginia
Harriet Kuhr, International Rescue Committee
Pam Northam, Office of the Lieutenant Governor
Rabbi Tom Gutherz, Congregation Beth Israel
Pastor Alvin Edwards, Mt. Zion First African Baptist Church
Reverend Elaine Ellis Thomas, St. Paul’s Memorial Episcopal Church
Jeffrey W. Legro, Vice Provost for Global Affairs & Taylor Professor of Politics at the
University of Virginia

Charlottesville is home to a major office of the International Rescue Committee and to


hundreds of political refugees who have fled oppression in their home countries for the
safety and security of American democracy.

“I have met with dozens of political refugees, recent immigrants, and university students
who identify as Muslim or hail from the countries targeted by the executive order,” said
Signer.
“They have expressed confusion about the implications for their immigration status, concern
about whether they have simply escaped from one tyranny to another, and fear about
whether the United States remains, in the poet Emma Lazarus’ words, a place that embraces
‘your huddled masses yearning to breathe free’.”

At the event, Mayor Signer will announce* plans to:

1. Work with Virginia’s Congressional delegation to get specific help for Charlottesville’s
immigrant and refugee community regarding urgent visa and travel questions

2. Join Cities for Action’s coalition of mayors demanding progress on immigration issues

8/10/17, 12:56PM
Bearing Drift Charlottesville Mayor Dodges Permit, Fees, Insurance C... hffps://bearingdrift.com/20 17/02/1 5/charlottesville-mayor-dodges-per...

3. Ask Charlottesville’s City Manager to advise City Council on legal and policy options to
provide added protections for immigrants and political refugees

4. Ask Charlottesville’s Human Rights Commission to address issues of xenophobia and


religious intolerance

*Mayor Signer will be speaking in his individual capacity, as one elected member of City
Council, not for City Council as a whole.
For updates, follow Mayor Mike on Twitter @mikesigner and Facebook
1? 17

Michael Signer
(434) 284-2588 Cm)

Paige Rice
Clerk of Council
Charlottesville, Virginia
ricep@charlottesville.org
(434) 970-3113

In a February 14 email to The Schilling Show, Signer pled ignorance and contradicted fact:

From: “Signer, Mike” <msigner@charlottesville.org>


Subject: RE: Media Inquiry: Event Permit
Date: February 14, 2017 at 10:32:09 AM EST
To: “Schilling, Rob”
Cc: “Dickler, Miriam” <dickler@charlottesville.org>, “Jones, Maurice”
<MJONES@CHARLOHESVILLE.ORG>

No City personnel were involved in the planning or execution of the press


conference. It was assembled and run by volunteers, many coming together at the last
minute. Even the podium and mic and speakers were brought by volunteers. The event was
intended as a standard press conference at the Free Speech Wall, which typically do not
require permits. That event grew quickly and spontaneously in part due to the publicity by
several of the speakers’ organizations, including the churches and the IRC.

I was frankly stunned by the huge, spontaneous turnout on such short notice, which
I think is evidence of how strongly folks feel about standing up for American values against
the combination of intolerance and incompetence seen in the recent executive order, which
has now been stayed by multiple federal courts on Constitutional grounds. [emphasis added]

4ofB 8/10/17, 12:56PN


Bearing Drift Charlottesville Mayor Dodges Permit, Fees, Insurance f... https://hearingdrift.com/201 7/02/I 5/charlottesville-mayor-dodges-per...

Mayor Mike Signer


City of Charlottesville
(434) g7o-3113
A World-Class City

Mayor Signer’s statement was deceptive at best

No City personnel? The Charlottesville Police Department confirmed to The Schilling Show
that they had assigned “10 police officers and 2 Community Service Officers” to the event,
for about an hour and a half (approximately 18 man-hours); this, in addition to Signer’s use
of City Council Clerk , Paige Rice, as an official “contact” for the press conference.

As to the Mayor’s claim that he was “stunned by the huge, spontaneous turnout,” a
Facebook event page, set up by Signer himself, indicated tKat 487 people had confirmed
attendance in advance, and 951 people were “interested” in attending. Signer certainly had
information available indicating this would be a very large event. (See graphic below.)

Jner

Like Follow Share

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Mike Signer
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* Like Comment I

All tolled, Charlottesville Mayor Michael Signer may have bilked his own citizens out of

8/10/17. 12:56 PM
Bearing Drift Charlottesville Mayor Dodges Permit, Fees, Insurance f... https://bearingdrift.com/20 17/02/I 5/charlottesville-mayor-dodges-per...

hundreds of dollars in delineated fees and payments, and he may have inappropriately
utilized City staff to promote a non-City event.

But there may be a legal price ($250 171)—outside of the pro forma financial costs—for such
wanton disregard of rules and laws. According to Charlottesville Code:

Sec. 28-29. — Street parades, processions, and other events. [7]

(a) No parade or procession of any kind shall be held or conducted in any city
rights-of-way without first obtaining a permit from the city manager.

(b) The city manager is authorized to require permits for the use of city rights-of-way for
special events and community events (as defined within section 28-29(c) of the City Code),
and for other activities that may affect the safety or convenience of the general public. The
city manager is authorized to promulgate regulations to govern the time, place and manner
of such activities, and to establish reasonable fees, charges and rentals therefor. A violation
of any of the rules and regulations established hereunder shall constitute a Class 4
misdemeanor. [emphasis added]

Given these facts:

Will Charlottesville Mayor Michael Signer pay the costs (in arrear) that any average citizen or
organization would bear (in advance) for holding such an event?

Will Charlottesville Mayor Michael Signer issue an apology to his constituents for
violating their trust (and potentially, the law)?

Or will lawlessness [8], oligarchy [9], cronyism 110], demagoguery [111, chaos [12], inequity
[13], mobocracy [14],
and double-standards [15] continue to prevail in Michael Signer’s
Charlottesville—the self-declared “Capital of the Resistance.”

Share this:
Facebook [16]
Linkedln [17]
Google [18]
Pinterest [19]
Reddit [20]
Twitter [21]
Email [22]
Print [23]
Related

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Article printed from Bearing Drift: https://bearingdrift.com

URL to article: https//bearingdrift.com/2O17/D2/15/charIottesviIle-mayor-dodges-


permit-fees-insurance-capital-resistance-rally!

URLs in this post:

[1] Capital of the Resistance: https://vimeo.com/202063704/36c6c5c582


[2] downtown Charlottesville: http://www.schillinqshow.com/2O11/O9/O6/photo-
essay-charlottesville%e2%80%99s-dirty-downtown-mall/
[3] Mayor Michael Signer: http://www.schillingshow.com/2O17/O1/ 29/witless-
unhinged-charlottesville-mayor-signer-pushes-for-sanctuary-city-status/
[4] Media reports: http://www.c-ville.com/capital-resistance-rally-draws-hundreds/
[5] Special Events Regulation: http://www.schillingshow.com/wp-content/uploads
/2017/02/2009-Special-Events-Regulations.pdf
[6] Maurice Jones: http://www.schillingshow.com/2012/04/30/bad-mojo-library-
of-virginia-slaps-maurice-jones-over-barrick-cover-up-scandal/
[7] $250: https://www.municode.com flibrary/va/charlottesville/codes
Icode_aLordinances?nodeld=COCH LGEPR_S1-11CLPEVICOVI
[8] lawlessness: http://www.schillingshow.com/2O12/O3/ 21/fraud-misfeasance-
and-cover-up-special-prosecutor-investigates-charlottesville-spokesman-barrick/
[9] oligarchy: http://www.schillingshow.com/2O16/O6/ 26/heil-signer-
charlottesville-mayars-new-totalitarian-police-state/
[10] cronyism: http://www.schillingshow.com/2O13/O5/ 17/con-flicted-
2-charlottesvilles-corrupt-agency-budget-review-process-exposed/
[11] demagoguery: http://www.schillingshow.com/2O16/11/ 18/maniacal-
charlottesville-mayor-michael-signer-says-electors-dump-trump/
[12] chaos: http://www.schillingshow.com/2O1 1/12/05/trash-talk-the-terrifying-
sounds-of-occupy-charlottesville?
[13] inequity: http://www.schillingshow.com/2012/06/07/rutherford-admonishes-
charlottesvi lles-mayor-huja-for-free-speech-discrimination/
[14] mobocracy: http://www.schillingshow.com/2O14/12/ 19/mobocracy-and-
mayhem-race-charged-mob-kills-charlottesville-free-speech/
[15] double-standards: http://www.schillingshow.com/2O12/O6/O7/ unequal
protection-religious-freedom-group-fronts-600-for-1-hour-charlottesville-protest-
occupy-charlottesville-pays-O-for-45-days/
[16] Facebook: https://bearingdrift.com/2017/02/ 15/charlottesville-mayor-
dodges-permit-fees-insurance-capital-resistance-rally/?share=facebook
[17] Linkedln: https://bearingdrift.com/2017/02/ 15/charlottesville-mayor-
dodges-permit-fees-insurance-capital-resistance-rally/?share=linkedin
[18] Google: https: / / bearingdrift.com/ 2017/02/15/charlottesville-mayor-dodges-
permit-fees-insurance-capital-resistance-rally/?share=google-plus-1
[19] Pinterest: https://bearingdrift.com/2017/02/ 15/charlottesville-mayor-
dodges-permit-fees-insurance-capital-resistance-rally/?share=pinterest
[20] Reddit: https:/ /bearingdrift.com/2017/02/ 15/charlottesville-mayor-dodges-
permit-fees-insurance-capital-resistance-rally/?share=reddit
[21] Twitter: https://bearingdrift.com/2017/02/ 15/charlottesville-mayor-dodges-
permit-fees-insurance-capital-resistance-rally! ?share=twitter

8/10/17, 12:56PM
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[22) Email: https://bearingdrift.com/2017/02/15/charlottesville-mayor-dodges-


permit-fees-insurance-capital-resistance-rally/?share=email
[23] Print: https://bearingdrift.com/2017/02/ 15/charlottesville-mayor-dodges-
permit-fees-insurance-capita I-resistance-rally/#print

Copyright © 2008 Bearing Drift. All rights reserved.

8of8 8/10/17, l2:56PN


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EXHIBIT

t
AO 140 (Rev 0l09) (12/09 WD/VA) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for (lie
Western District of Virginia

Jason Kessler

/‘/aiinifj
v. ) Civil Action No.
City of Charlottesville and Maurice Jones,
ChaottesviIle Qfly Manager -

Defenckini

SUMMONS IN A CIVIL ACTION

To: flJeTh,dc,,,t c name mid (Ide/tess) Maurice Jones, Charlottesville City Manager
S. Craig Brown, City Attorney
City Attorney’s Office
P.O. Box 911
Charlottesville, VA 22902

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days ifyou

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3)— or 120 days for Social Security Cases filed pursuant to 42 USC 405(g) you must serve on the

plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The
answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are:
Hope R. Amezquita
Leslie C. Mehta
American Civil Liberties Foundation of Virginia, Inc.
701 E. Franklin St., Ste. 1412
Richmond, VA 23219

lfyou fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must tile your answer or motion with the court.

CLERK OF COURT

Date: 08/10/2017
Signat;oe a/C VerA a” Depuri C/ark
AO 140 (Rev 02/09) (2/09 WD/VA) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(ThLv sec/lois should not be filed ,vgtls the court unless required hr Fed. R. fly. P. 4 (0)

This summons for (name of mdn’u/ual and title. fam’)

was received by me on (dare) —

El I personally served the summons on the individual at (place)

On Hate) or

El I left the summons at the individual’s residence or usual place of abode with wame

-
. a person of suitable age and discretion who resides there,
on Hale) , and mailed a copy to the individual’s last known address: or

El I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of fname oforgani;atimo
on (c/ale) or

El I returned the summons unexecuted because : or

El Other (s/’eci/i:

My fees areS for travel and S for services, for a total of S 0.00

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Iil.intLc/ name and title

Servers cu/dress

Additional information regarding attempted service, etc:


AO 140 Rev. 02/09) (12/09 WV/VA) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the

Western District of Virginia

Jason Kessler

/‘/ainqff --

Civil Action No.


City of Charlottesville and Maurice Jones,
criciiyiig ciiy
Dvfcnk;;n

SUMMONS IN A CIVIL ACTION

To: (IJL’fciuLnls c ;imnc and zdd,cssj City of Charlottesville


S. Craig Brown, City Attorney
City Attorney’s Office
P.O. Box 911
Charlottesville, VA 22902

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) —or 120 days for Social Security Cases filed pursuant to 42 USC 405(u)— you must serve on the
plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The
answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are:
Hope R. Amezquita
Leslie C. Mehta
American Civil Liberties Foundation of Virginia, Inc.
701 E. Franklin St., Ste. 1412
Richmond, VA 23219

Ifyon fail to respond. judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion wilh the court,

CLERK OF COURT

Date: 08/10/2017
Signature of Clerk or De;in/i (7erk
AU 440 (Rn 02/09) (12/09 WO/VA) Summons in a CwiI Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(ThLv section should not be filet! with the court unless required by Fed. R. CW p. 4 ))
This summons for (name of nidnidual and title. (a,n’

was received by me on (dale)

D I personally served the summons on the individual at Qthlce) -

on alcac) or

I left the summons at the individuals residence or usual place of abode with (name;

a person of suitable age and discretion who resides there.


on (dale, -

. and mailed a copy to the individuaFs last Iaown address: or

I served the summons on (jianie oflndiruh,al, Who is


designated by law to accept service of process on behalf of (name of orgcii;izaIwil)
on (dale, or

I returned the summons unexecuted because : or

1] Other specifi):

My fees are S for travel and S for services, for a total of S 0.00

I declare under penalty of perjun that this information is true.

Date:
Sen’er , gal lire

I’riniec/ I niggle and title

Sc’rieg ‘s jid fress

Additional information regarding attempted service, etc:


From: Thomas, Al
Sent: Thursday, August 10, 2017 10:03 AM
To: Jones, Maurice
CC: Murphy, Mike
Subject: FW: Albemarle County Police Department Support

Maurice FYI-

Al S. Thomas
Chief of Police
Charlottesville Police Department
(434) 970-3289

From: Thomas, Al
Sent: Thursday, August 10, 2017 10:02 AM
To: 'reevess@albemarle.org'
Cc: 'lantzr@albemarle.org'; 'carrk@albemarle.org'; 'stoddardm@albemarle.org'; Mitchell, Victor; Lewis,
Wendy
Subject: RE: Albemarle County Police Department Support

Lieutenant Reeves,

Thank you for clarifying the role of the 12 ACPD Officers who will assist with calls for service in the City
on August 12th from 1100-1900hrs. You have made it very clear that ACPD Officers will not assist CPD
with any activities related to the Alt Right Rally. Furthermore, I realize your officers will not respond to
Emancipation Park, Justice Park, and McGuffey Park to assist with calls for service.

I will reach out to the City Manager today to formalize the MOU; I can add the aforementioned language
in the memorandum if needed.

Thanks again for your assistance and commitment to our professional partnership.

All the best,

Al S. Thomas
Chief of Police
Charlottesville Police Department
(434) 970-3289

From: Mitchell, Victor


Sent: Wednesday, August 9, 2017 5:06 PM
To: Thomas, Al
Subject: Fwd: Albemarle County Police Department Support
From: Sean Reeves < >
Date: August 9, 2017 at 4:10:01 PM EDT
To: "mitchell@charlottesville.org" <mitchell@charlottesville.org>
Cc: Ron Lantz < >, KC Carr < >, "Miller Stoddard" < >
Subject: Albemarle County Police Department Support

Captain Mitchell,
As we are approaching the planned rallies, protests and counter-protests
scheduled for August 11-13, 2017, I wanted to take a moment in advance to make
sure that the Charlottesville Police Department (CPD) is provided documentation
reflecting the support that the Albemarle County Police Department (ACPD) is
offering to CPD during the aforementioned dates. I specifically would like to
clarify the role of the 12 uniformed ACPD police officers who will be responding
to Priority 1 and Priority 2 calls for service (CFS) in the City of Charlottesville.
Per the August 4, 2017 agreement between Chief Ron Lantz, ACPD, and Chief Al
Thomas, CPD, these 12 ACPD officers are responsible for answering CFS not
related to the protest/rally from 1100 hours to 1900 hours. This includes not
responding to CFS at McIntire, Justice, Emancipation, and McGuffey Parks, as
well as the area of the Downtown Mall and Pavilion. Our officers have been
instructed that they may need to be held over to continue to assist with CFS in the
City, if requested.
ACPD will have the ACPD SWAT Team and ACPD Mobile Field Force staged at
the County Office Building on McIntire Road (COB McIntire) in the event they
are needed to assist CPD, or respond to incidents in the County. COB McIntire
will be secured on the morning of the August 11, 2017 (potentially sooner) and
the parking lots will be made available to all first responders during the event
dates. COB McIntire has been identified by ACPD as a rally/deployment area in
the need that CPD requests more assets from ACPD. In addition, this area will be
used by Fire & Rescue personnel for staging, patient care and triage. The
Emergency Communications Center (ECC) and the University of Virginia Police
Department’s (UPD) Captain McGee have been briefed on the role of ACPD
during this event. ACPD Lieutenant Miller Stoddard will be sending you a copy
of the ACPD Operational Order in the near future. Thank you and please feel free
to contact me if you have any questions.
From: Jones, Maurice
Sent: Friday, August 11, 2017 10:51 AM
To: Thomas, Al; Mitchell, Victor; Lewis, Wendy; Shifflett, David
Subject: FW: Alt-right Rally

FYI if needed.

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org

From: Susan Krischel [mailto:skrischel@hampshireinvest.com]


Sent: Friday, August 11, 2017 9:02 AM
To: Jones, Maurice; Bentley, Terry
Cc: Erin Hill
Subject: Alt-right Rally

Maurice:

We would like to offer the IX property as a staging ground for the police, National Guard,
Emergency Service workers and whomever else from the City would need it. We have more
than enough parking, internet, and we'd be willing to open up the event space so they have access
to a cool space and bathrooms at no charge to the City. It would help us by discouraging unruly
folks from congregating down there and we'd be helping you by giving you what I imagine is
very needed parking space.

--
Susan Krischel, Esq.
(434) 249-3274
Hampshire Investments Ltd
P.O. Box 359
Keene, VA 22946
skrischel@hampshireinvest.com
From: Dickler, Miriam
Sent: Friday, August 4, 2017 1:20 PM
To: Thomas, Al
Subject: FW: An Important Message from President Teresa A. Sullivan Regarding August 12

Importance: High

FYI

**************
Miriam I. Dickler
Director of Communications
Office 434.970.3129
Cell 434.260.2433

From: de Bruyn, Anthony Paul (apd5b) [mailto:apd5b@eservices.virginia.edu]


Sent: Friday, August 04, 2017 12:08 PM
To: Jones, Maurice; Dickler, Miriam
Subject: FW: An Important Message from President Teresa A. Sullivan Regarding August 12
Importance: High

Dear Maurice and Miriam- the following message from President Sullivan was distributed to the University
community. Please share this message with city leadership as you deem appropriate.

Thank you.

Kind regards,

Anthony

From: "adm7j@virginia.edu" <adm7j@virginia.edu>


Reply-To: "adm7j@virginia.edu" <adm7j@virginia.edu>
Date: Friday, August 4, 2017 at 12:06 PM
Subject: An Important Message from President Teresa A. Sullivan Regarding August 12

To the University community:

On August 12, several groups are planning to participate in the “Unite the Right” rally in Emancipation Park in
downtown Charlottesville. Although the groups represent a variety of ideologies and agendas, many of them
express beliefs that directly contradict our community’s values of diversity, inclusion, and mutual respect.

UVA is public in the most profound and meaningful sense of that word; we are committed to the public good,
and we seek to recognize and represent the great diversity of the public in our Commonwealth and in the
country. We believe that diversity is an essential element of excellence, and that intolerance and exclusion
inhibit progress. We also support the First Amendment rights to free speech and assembly. These rights
belong to the “Unite the Right” activists who will express their beliefs, and to the many others who disagree
with them.

One may stand up for one’s beliefs without physical confrontation. I urge students and all UVA community
members to avoid the August 12 rally and avoid physical confrontation generally. There is a credible risk of
violence at this event, and your safety is my foremost concern.

Moreover, to approach the rally and confront the activists would only satisfy their craving for spectacle. They
believe that your counter-protest helps their cause. One advocate of the rally said, “We should aim to draw
the SJWs [social justice warriors] out in Charlottesville and create a massive polarizing spectacle in order to
draw as huge a contrast as possible. They will reveal themselves to be violent, intolerant, opposed to free
speech, the insane enforcers of political correctness, etc.” The organizers of the rally want confrontation; do
not gratify their desire.

I encourage you to participate in events on Saturday, August 12, that are open to the community and
planned by UVA. A group of faculty and staff will be prepared to facilitate discussions on topics such as
constitutional rights and citizenship; community dynamics and polarization; and local history. Several
University libraries will be open. Athletics has two free events scheduled on Saturday. The men’s soccer team
will host Wright State in Klockner Stadium at 1:00 p.m., and beginning at 4:00 p.m., Athletics will host its Fall
Sports Meet-the-Teams event followed by Scott Stadium Movie Night. Additional details about these and
other events scheduled for August 12 will be announced early next week. I encourage participation in these
UVA-sponsored events.

With the August 12 rally coming just a few weeks after the KKK rally in July and amid the continued divisive
rancor in our national discourse, we are reminded that the struggle for equality, inclusion, and civility
requires a prolonged and persistent effort. Let’s do our part to continue this important work.

Teresa A. Sullivan
President

This email was approved for distribution according to the Mass Electronic Mailings Policy, IRM-006, available
at http://uvapolicy.virginia.edu/policy/IRM-006
From: Bob Fenwick
Sent: Tuesday, August 1, 2017 8:00 PM
To: Jones, Maurice; Murphy, Mike; Daly, Brian
Subject: Fw: Aug 12
Attachments: Aug 12

Maurice,
If a copy of the permit was sent it got lost in the ether. Please resend.
Bob
From: Bob Fenwick
Sent: Monday, July 31, 2017 8:49 AM
To: Jones, Maurice; Brown, Craig; Robertson, Lisa; Council; Daly, Brian
Subject: Aug 12

Maurice,
Please forward a copy of the event permit. Who made the final determination on approval
and was this vetted by you or anyone on council?
Bob
From: Bob Fenwick
Sent: Monday, July 31, 2017 8:49 AM
To: Jones, Maurice; Brown, Craig; Robertson, Lisa; Council; Daly, Brian
Subject: Aug 12

Maurice,
Please forward a copy of the event permit. Who made the final determination on approval
and was this vetted by you or anyone on council?
Bob
From: Thomas, Al
Sent: Friday, August 4, 2017 4:13 PM
To: Mitchell, Victor
Subject: FW: August 12

FYI-

Al S. Thomas
Chief of Police
Charlottesville Police Department
(434) 970-3289

From: Signer, Mike


Sent: Friday, August 4, 2017 2:00 PM
To: Brown, David
Cc: Jones, Maurice; Julian Calvet; Thomas, Al
Subject: Re: August 12

Thanks David. Looping Chief Thomas.

Sent from my iPhone

On Aug 4, 2017, at 1:48 PM, David Brown <dbrowndc@gmail.com> wrote:

Mike and Maurice,

I thought this sounds like a good idea so am forwarding it. Julian owns
Bittersweet and property on the mall; you can reach him at 996-3745.

David

---------- Forwarded message ----------


From: Julian Calvet <jcfastmetal@gmail.com>
Date: Fri, Aug 4, 2017 at 1:12 PM
Subject: August 12
To: David Brown <dbrowndc@gmail.com>

Hi David,
As a property and business owner on the Downtown Mall I have some thoughts
that you may want to pass along to city hall. It may be a good idea to close off all
access to the mall from the Market Street side. This may give some feeling of
security for the businesses and its customers. Let me know your thoughts on this.

Thanks
Julian
Sent from my iPhone
From: Thomas, Al
Sent: Wednesday, August 9, 2017 5:35 PM
To: Mitchell, Victor; Lewis, Wendy; Shifflett, David
Subject: FW: August 12th March Request/Don Gathers
Attachments: 20170801154509207.pdf

Al S. Thomas
Chief of Police
Charlottesville Police Department
(434) 970-3289

From: Christian, Michelle


Sent: Wednesday, August 9, 2017 5:21 PM
To: Murphy, Mike
Cc: Jones, Maurice; Thomas, Al; Daly, Brian
Subject: August 12th March Request/Don Gathers

Mr. Murphy
I spoke with Mr. Gathers regarding his request for a march on August 12th. I expressed the concerns that
the city had with his request to close 4th , Preston, and High Street and not being about to provide
police resources. I suggested an alternative route starting at the Freedom of Speech Wall. Mr. Gathers
said he would consider and would call me this evening. An email was sent this afternoon from CBRE to
all the tenants stating that the march would start at Jefferson City Center. This event has not been
approved but it looks like they will be moving forward with their original plan without approval.

Thanks,
Michelle
From: Thomas, Al
Sent: Friday, August 11, 2017 2:58 PM
To: Lewis, Wendy
Subject: FW: CBI concerns

Al S. Thomas
Chief of Police
Charlottesville Police Department
(434) 970-3289

From: Signer, Mike


Sent: Wednesday, August 9, 2017 4:00 PM
To: Jones, Maurice; Thomas, Al; Pleasants, Gary; Murphy, Mike
Subject: CBI concerns

Maurice, Al, Gary, Mike:

This is a special request regarding Congregation Beth Israel. I just spoke with Rabbi Tom Gutherz
there. Their current plans are to have a single outside security guard on Friday night and during the day
on Saturday. They have services at 6:15 p.m. on Friday night and 9-11 a.m. on Saturday. They are
obviously right next to Emancipation Park.

The rhetoric on the online sites right now is quite intensely anti-Semitic. This post on Daily Stormer
about the rally ends reads, "Next stop: Charlottesville, VA. Final stop: Auschwitz." This post on Daily
Stormer reads, "the cops are siding with us over the evil Jew Mayor Michael Singer and his Negroid
Deputy Wes Bellamy. We have it on good authority that the Chief of police is going to ensure that the
protest goes through as planned, regardless of what the ruling kike/Negroid powers are attempting." I
listened to a podcast yesterday with two of the organizers and they referred negatively to Jews and to the
fact that a synagogue was "two blocks away" from the rally. They also talked about how on Friday night
roving bands of ralliers will be defying restaurants who deny them service. This could add an element of
unpredictability on Friday night as well.

Given all of these variables I feel it would be prudent for us to have a more overt police presence near
CBI. Rabbi Gutherz suggested a car stationed in front of the building, and an offer nearby, which is the
customary practice during High Holidays services.

I would be grateful if I could connect someone from CPD to Rabbi Gutherz and CBI's Executive Director
Kathyrn Mawyer (I just forwarded you a message she sent).

Thanks in advance,

Mike

-----
Mayor Mike Signer
City of Charlottesville
(434) 970-3113
A World-Class City
From: Hatter, Joe
Sent: Friday, August 11, 2017 3:18 PM
To: Signer, Mike
CC: Lewis, Wendy; Thomas, Al
Subject: FW: CBI concerns

Mr. Signer,

I would be happy to speak with Rabbi Gutherz and CBI's Executive Director Kathyrn Mawyer. Please
pass along my name and number to them.

Thanks,

Lieutenant Joe Hatter


Charlottesville Police Department
(434) 566-1425
hatter@charlottesville.org

From: Lewis, Wendy


Sent: Friday, August 11, 2017 3:07 PM
To: Hatter, Joe
Subject: Fwd: CBI concerns

Sent from my iPhone

Begin forwarded message:

From: "Thomas, Al" <thomasa@charlottesville.org>


Date: August 11, 2017 at 2:58:13 PM EDT
To: "Lewis, Wendy" <lewis@charlottesville.org>
Subject: FW: CBI concerns

Al S. Thomas
Chief of Police
Charlottesville Police Department
(434) 970-3289

From: Signer, Mike


Sent: Wednesday, August 9, 2017 4:00 PM
To: Jones, Maurice; Thomas, Al; Pleasants, Gary; Murphy, Mike
Subject: CBI concerns

Maurice, Al, Gary, Mike:


This is a special request regarding Congregation Beth Israel. I just spoke with Rabbi
Tom Gutherz there. Their current plans are to have a single outside security guard on
Friday night and during the day on Saturday. They have services at 6:15 p.m. on Friday
night and 9-11 a.m. on Saturday. They are obviously right next to Emancipation Park.

The rhetoric on the online sites right now is quite intensely anti-Semitic. This post on
Daily Stormer about the rally ends reads, "Next stop: Charlottesville, VA. Final
stop: Auschwitz." This post on Daily Stormer reads, "the cops are siding with us over the
evil Jew Mayor Michael Singer and his Negroid Deputy Wes Bellamy. We have it on good
authority that the Chief of police is going to ensure that the protest goes through as
planned, regardless of what the ruling kike/Negroid powers are attempting." I listened to
a podcast yesterday with two of the organizers and they referred negatively to Jews and
to the fact that a synagogue was "two blocks away" from the rally. They also talked
about how on Friday night roving bands of ralliers will be defying restaurants who deny
them service. This could add an element of unpredictability on Friday night as well.

Given all of these variables I feel it would be prudent for us to have a more overt police
presence near CBI. Rabbi Gutherz suggested a car stationed in front of the building, and
an offer nearby, which is the customary practice during High Holidays services.

I would be grateful if I could connect someone from CPD to Rabbi Gutherz and CBI's
Executive Director Kathyrn Mawyer (I just forwarded you a message she sent).

Thanks in advance,

Mike

-----
Mayor Mike Signer
City of Charlottesville
(434) 970-3113
A World-Class City
From: Dickler, Miriam
Sent: Friday, August 11, 2017 9:53 PM
To: Jones, Maurice; Murphy, Mike; Thomas, Al
Subject: FW: City Statement Regarding Court Ruling

FYI

**************

Miriam I. Dickler

Director of Communications
Office 434.970.3129
Cell 434.260.2433

From: Geller, Corinne [mailto:Corinne.Geller@vsp.virginia.gov]


Sent: Friday, August 11, 2017 9:50 PM
To: Dickler, Miriam
Subject: Re: City Statement Regarding Court Ruling

March is starting @HenryGraff: RT @seantubbs: Here is a live stream from @EmilyGorcenski of the
march currently underway. This is not a neutral feed. https://t.co/yIZH9XJejR

...

Sent from my iPhone

On Aug 11, 2017, at 9:36 PM, Dickler, Miriam <dickler@charlottesville.org> wrote:

"While the City is disappointed by tonight's ruling we will abide by the judge's decision.
The goal in moving the Unite the Right Rally from Emancipation Park to a larger, more
accommodating space like McIntire Park had nothing to do with the content of the
demonstrators' speech. The decision was made based on the projected number of
demonstrators expected in our one acre park in downtown and the public safety needs
of our community.

Chief Thomas, his team and the hundreds of law enforcement officials in our City will
now turn their full attention to protecting the Downtown area during tomorrow's
events."

MEDIA NOTE: Please use logistical information for Emancipation Park.

*****************************************
Miriam I. Dickler
Director of Communications
City of Charlottesville, Virginia
From: Jones, Maurice
Sent: Saturday, August 12, 2017 7:56 AM
To: LEADTEAM
Subject: FW: Command Center Update

FYI

Sent with Good (www.good.com)

From: Jones, Maurice


Sent: Saturday, August 12, 2017 7:54:21 AM
To: Council
Subject: Command Center Update

Council,

Here’s your first update of the day:

 The Command Center is up and running in Downtown. Representatives from the Police
Department, City Manager’s Office (Mike and I), Virginia State Police, and our Regional
Emergency Operations Center are present.
 The Joint Information Center (JIC) is also open in Downtown with Public Information Officers
from the City and Virginia State Police overseeing communications.
 The Emergency Operations Center (EOC) is also open at Zehmer Hall
 Last night’s march resulted in a couple of minor injuries and one arrest. As the great majority of
the march occurred on the grounds of the University the law enforcement response was
coordinated by UVA police. We offered assistance yesterday evening and were told they had
“ample” resources. We provided assistance once called upon by UVA. That occurred pretty
much after the altercation between the alt right group and the counter protestors.
 The streets around Emancipation Park have been closed. City and State Police are located
throughout downtown. We will have a significant presence today.

All the Best,


Maurice

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org
From: Jones, Maurice
Sent: Saturday, August 12, 2017 11:18 AM
To: LEADTEAM
Subject: FW: Command Center Update

FYI

Sent with Good (www.good.com)

From: Jones, Maurice


Sent: Saturday, August 12, 2017 11:12:15 AM
To: Council
Subject: RE: Command Center Update

Council,

The City, County and UVA are jointly declaring a local state of emergency.

Maurice

Sent with Good (www.good.com)

From: Jones, Maurice


Sent: Saturday, August 12, 2017 11:08:31 AM
To: Council
Subject: RE: Command Center Update

Council,

The situation is increasing volatile near Emancipation Park. A number of fights have broken out
with some injuries.

We are close to declaring an unlawful assembly.

Maurice

Sent with Good (www.good.com)


From: Jones, Maurice
Sent: Saturday, August 12, 2017 10:34:58 AM
To: Council
Subject: RE: Command Center Update

Council,

The crowd both in and around Emancipation Park has grown significantly in the last 30 minutes.
It's hard to estimate how many folks are here but it is filling up.
No injuries or arrests so far.

Maurice

Sent with Good (www.good.com)

From: Jones, Maurice


Sent: Saturday, August 12, 2017 8:31:49 AM
To: Council
Subject: RE: Command Center Update

Council,

Just an update. We have a militia group (approximately 50) who are carrying long weapons walking
toward Emancipation Park. As you know they have a right in the state of Virginia to open carry their
weapons. We will continue to monitor them.

All the Best,


Maurice

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org

From: Jones, Maurice


Sent: Saturday, August 12, 2017 7:54 AM
To: Council
Subject: Command Center Update

Council,

Here’s your first update of the day:


 The Command Center is up and running in Downtown. Representatives from the Police
Department, City Manager’s Office (Mike and I), Virginia State Police, and our Regional
Emergency Operations Center are present.
 The Joint Information Center (JIC) is also open in Downtown with Public Information Officers
from the City and Virginia State Police overseeing communications.
 The Emergency Operations Center (EOC) is also open at Zehmer Hall
 Last night’s march resulted in a couple of minor injuries and one arrest. As the great majority of
the march occurred on the grounds of the University the law enforcement response was
coordinated by UVA police. We offered assistance yesterday evening and were told they had
“ample” resources. We provided assistance once called upon by UVA. That occurred pretty
much after the altercation between the alt right group and the counter protestors.
 The streets around Emancipation Park have been closed. City and State Police are located
throughout downtown. We will have a significant presence today.

All the Best,


Maurice

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org
From: Dickler, Miriam
Sent: Saturday, August 12, 2017 10:32 PM
To: Jones, Maurice; Murphy, Mike; Thomas, Al
Subject: FW: FBI Richmond/United States Attorney's Office - WDVA joint press release
regarding Charlottesville Incident
Attachments: August 12, 2017.doc

FYI

From: Rybiski, Dennette W. (RH) (FBI)


Sent: Saturday, August 12, 2017 10:26:02 PM
Subject: FBI Richmond/United States Attorney's Office - WDVA joint press release regarding
Charlottesville Incident

Dee Rybiski

FBI Richmond Division


Public Affairs Specialist
1970 East Parham Road
Richmond, Virginia 23228
Federal Bureau of Investigation
Richmond Division
1970 East Parham Road
Richmond, Virginia 23228
___________________________________________________________________
Public Relations Office, (804) 261-1044 August 12, 2017
Public Affairs Specialist: Dee Rybiski

“The Richmond FBI Field Office, the Civil Rights Division, and the US

Attorney’s Office for the Western District of Virginia have opened a civil

rights investigation into the circumstances of the deadly vehicular incident

that occurred earlier Saturday morning. The FBI will collect all available

facts and evidence, and as this is an ongoing investigation we are not able

to comment further at this time.”

Page 1 of 1
Federal Bureau of Investigation
Richmond Division
1970 East Parham Road
Richmond, Virginia 23228
___________________________________________________________________
Public Relations Office, (804) 261-1044 August 12, 2017
Public Affairs Specialist: Dee Rybiski

“The Richmond FBI Field Office, the Civil Rights Division, and the US

Attorney’s Office for the Western District of Virginia have opened a civil

rights investigation into the circumstances of the deadly vehicular incident

that occurred earlier Saturday morning. The FBI will collect all available

facts and evidence, and as this is an ongoing investigation we are not able

to comment further at this time.”

Page 1 of 1
From: Jones, Maurice
Sent: Thursday, August 10, 2017 8:15 PM
To: Thomas, Al
CC: Brown, Craig
Subject: FW: Flyer on car
Attachments: IMG_2424.JPG; ATT00001.txt; IMG_2425.JPG; ATT00002.txt

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org

-----Original Message-----
From: Mark Kavit [mailto:mkkav3@gmail.com]
Sent: Thursday, August 10, 2017 8:13 PM
To: Jones, Maurice
Cc: Signer, Michael; Szakos, Kristin; Fenwick, Bob; Kathy Galvin
Subject: Flyer on car

They are here. Found this flyer on my wife car when I arrive home tonight. On Altamont St.
Sent from my iPhone
Sent from my iPhone
From: Thomas, Al
Sent: Friday, August 11, 2017 9:59 AM
To: Lantz, Emily
Subject: FW: Flyer on car
Attachments: IMG_2424.JPG; ATT00001.txt; IMG_2425.JPG; ATT00002.txt

Al S. Thomas
Chief of Police
Charlottesville Police Department
(434) 970-3289

________________________________________
From: Jones, Maurice
Sent: Thursday, August 10, 2017 8:14 PM
To: Thomas, Al
Cc: Brown, Craig
Subject: FW: Flyer on car

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org

-----Original Message-----
From: Mark Kavit [mailto:mkkav3@gmail.com]
Sent: Thursday, August 10, 2017 8:13 PM
To: Jones, Maurice
Cc: Signer, Michael; Szakos, Kristin; Fenwick, Bob; Kathy Galvin
Subject: Flyer on car

They are here. Found this flyer on my wife car when I arrive home tonight. On Altamont St.
Sent from my iPhone
Sent from my iPhone
From: Signer, Mike
Sent: Tuesday, August 8, 2017 1:46 PM
To: Brown, Craig; Jones, Maurice
Subject: FW: From the City Website

________________________________________
From: Tristan Kerr [tdrkerr@gmail.com]
Sent: Tuesday, August 08, 2017 1:45 PM
To: Signer, Mike
Subject: From the City Website

Dear Sir,

Please do not allow the Aug 12th Lee Statue protest to be held in Emancipation Park. The potential for disruption to
traffic and businesses is unfair! The previous KKK rally held downtown had an extremely negative impact on
attendance at the Saturday Market hurting farmers. McIntire is a far more suitable and less volatile venue. Thank
you for your continued work for our city.

Best
Tristan, Tanya, and Dr Anthony Kerr
1710 Yorktown Dr, Charlottesville

Sent from my iPhone


From: Thomas, Al
Sent: Tuesday, August 8, 2017 8:52 AM
To: Lewis, Wendy; Mitchell, Victor; Shifflett, David
Subject: FW: FYI - From Facebook

Al S. Thomas
Chief of Police
Charlottesville Police Department
(434) 970-3289

From: Kristin Szakos [mailto:k.szakos@embarqmail.com]


Sent: Tuesday, August 8, 2017 8:41 AM
To: Jones, Maurice; Thomas, Al
Cc: Brown, Craig
Subject: FYI - From Facebook

Want to make sure you saw this:

Charlottesville Police Department needs to respond to the claims made in here by Jason Kessler ASAP.
"I had a meeting with the Chief of Police right after this announcement was made, and I told him, "Look, we're
going to have this rally, one way or the other. This is our Civil Right, and we're going to do that, can we still
expect the same level of police support? Can we still expect the barricades? Can we still expect that antifa are
not going to be occupying the park before we go to do our rally?" And he said, "Yes, that's the case." So, if we
demand that we're going to have the rally, permit or no, the police are still going to protect us, and they're still
going to keep out, keep the park for us, and keep the antifa out."
#DefendCville #NoNewKKK

Jason Kessler tells Christopher Cantwell that Chief of Police Al Thomas told him
that permit or no permit, the police intend to keep counter-protesters away from…
RESTORINGTHEHONOR.BLOGSPOT.COM

Kristin Szakos
Charlottesville City Councilor
1132 Otter St, Charlottesville, VA 22901
434-984-4022
434-987-1042
k.szakos@embarqmail.com
From: Jones, Maurice
Sent: Sunday, August 13, 2017 3:02 PM
To: Signer, Mike
Subject: FW: Idea

FYI

I'll talk to Tim.

Sent with Good (www.good.com)

From: Jones, Maurice


Sent: Sunday, August 13, 2017 3:01:42 PM
To: Tim Heaphy
Subject: RE: Idea

Thanks Tim. Let's chat some time this week. What is a good number to reach you?

All the Best,


Maurice

Sent with Good (www.good.com)

From: Tim Heaphy


Sent: Sunday, August 13, 2017 2:50:16 PM
To: Jones, Maurice
Subject: Fwd: Idea

Begin forwarded message:

From: Tim Heaphy <timothy.heaphy@gmail.com>


Subject: Idea
Date: August 13, 2017 at 2:49:43 PM EDT
To: jones@charlottesville.org, signer@charlottesville.org
Cc: Michael Signer <michaelsigner@gmail.com>

Maurice/Mike,

Thanks for your leadership during the difficult times we’ve had of late. I
appreciate all you’ve done to provide calm voices of reason in the midst of this
tumult.

I wanted to raise an idea about a possible response to yesterday’s events. I have


been reading the criticism of our police response coming from national figures. It
seems like criticism is also coming from people who were present and engaged on
both sides of the conflict yesterday. These comments are of course made without
any awareness of the broader context in which the events occurred. I can imagine
you and others are frustrated with the criticism and anxious to respond.

One way to do get in front of this criticism is to appoint someone to conduct an


independent evaluation of the the city’s response. The evaluation should be
thorough and objective and consider the perspectives of everyone involved. The
evaluation should involve interviews of stakeholders at all levels of government,
as well as participants in the protest and counter-protests. It should also gather
and review of video images of the day’s events. It could even extend to
consultation of experts on managing large, volatile protest situations. The final
product would be a report that includes both retrospective findings about what
occurred yesterday and prospective recommendations about best practices and
how to handle future events (which are, of course, likely to be organized here and
elsewhere). It could also extend to the July KKK rally and extend beyond the
police department, or be more tailored to the specific events of
yesterday. Regardless of scope, an independent inquiry would burnish public
confidence in city government and help everyone use these awful events as a
learning opportunity. It could also

If you’re interested in pursuing this kind of independent evaluation, I’d be


interested in taking it on. I was the US Attorney here in Charlottesville for over 5
years, and I could coordinate with ongoing investigations and not interfere. I
have worked with CPD and VSP and have immense respect for law
enforcement. That said, I would not approach this with any bias or preconceived
notions as to the propriety of any decisions or actions. I would be an objective
fact-finder, not an advocate. It’s imperative that whomever conducts this review
do so without any real or perceived bias or sympathy to law enforcement, the
protestors, or any other constituency. I would be scrupulously objective in
approaching this critically important task, and I promise that my findings would
reflect an honest assessment.

I’d be interested in discussing this idea with you both and anyone else who might
be involved in a decision to pursue an independent inquiry. Please let me know if
there’s a time we could meet to discuss. I’ll make myself available at your
convenience.

Thanks again for all you’ve done. Looking forward to seeing you soon,
Tim Heaphy
From: Jones, Maurice
Sent: Sunday, August 13, 2017 1:15 PM
To: Council
Subject: FW: Inquiries about emergency declaration, police orders Saturday

FYI

Sent with Good (www.good.com)

From: Dickler, Miriam


Sent: Sunday, August 13, 2017 1:09:21 PM
To: Suarez, Christopher; 'Geller, Corinne'; Upman, Steve
Cc: Thomas, Al; Jones, Maurice; 'dwalker3@albemarle.org'
Subject: RE: Inquiries about emergency declaration, police orders Saturday

Hi Chris –

I’m sitting next to Corinne, so this is a comprehensive response.

There was no such order issued at any time by any authority or at any level yesterday.

Charlottesville Police is the lead agency with support of the Virginia State Police and our other
local partners. Law enforcement personnel were staged in multiple locations around Emancipation and
McIntire Park and road closures for rapid response. Officers responded to a number of fights in and
around the park and the City. You can see video of some of this response on the Virginia State Police
Facebook page.

Hope that helps.

Miriam

**************
Miriam I. Dickler
Director of Communications
Office 434.970.3129
Cell 434.260.2433

From: Suarez, Christopher M. [mailto:csuarez@dailyprogress.com]


Sent: Sunday, August 13, 2017 12:47 PM
To: 'Geller, Corinne'; Upman, Steve
Cc: Thomas, Al; Jones, Maurice; 'dwalker3@albemarle.org'; Dickler, Miriam
Subject: Inquiries about emergency declaration, police orders Saturday
Corinne,

I hope you’re OK. I have a few questions about what happened yesterday.

Did VSP and local police receive ‘stand down’ orders for the rally yesterday? I’ve heard many anectdotes
alleging that or that police had orders to not intervene in any of the street fighting unless they were
ordered to do so … by someone. Not sure who that would be. (CPD Capt. Victor Mitchell? Chief Al
Thomas? A VSP commander?)

Can you please help clear the air on this?

Who was in charge of the scene in Emancipation Park, the general downtown area? And were there
specific orders to LEO assigned to the area about what should be done in case of fighting in the streets?

Staff Writer
Christopher Suarez
685 West Rio Road
Charlottesville, VA 22901
direct 434 978 7274 | mobile 571 722 3640
csuarez@dailyprogress.com | www.dailyprogress.com
From: Jones, Maurice
Sent: Sunday, August 13, 2017 12:55 PM
To: Thomas, Al
Subject: FW: Inquiries about emergency declaration, police orders Saturday

Sent with Good (www.good.com)

From: Suarez, Christopher M.


Sent: Sunday, August 13, 2017 12:46:41 PM
To: 'Geller, Corinne'; Upman, Steve
Cc: Thomas, Al; Jones, Maurice; 'dwalker3@albemarle.org'; Dickler, Miriam
Subject: Inquiries about emergency declaration, police orders Saturday

Corinne,

I hope you’re OK. I have a few questions about what happened yesterday.

Did VSP and local police receive ‘stand down’ orders for the rally yesterday? I’ve heard many anectdotes
alleging that or that police had orders to not intervene in any of the street fighting unless they were
ordered to do so … by someone. Not sure who that would be. (CPD Capt. Victor Mitchell? Chief Al
Thomas? A VSP commander?)

Can you please help clear the air on this?

Who was in charge of the scene in Emancipation Park, the general downtown area? And were there
specific orders to LEO assigned to the area about what should be done in case of fighting in the streets?

Staff Writer
Christopher Suarez
685 West Rio Road
Charlottesville, VA 22901
direct 434 978 7274 | mobile 571 722 3640
csuarez@dailyprogress.com | www.dailyprogress.com
From: Signer, Mike
Sent: Wednesday, August 9, 2017 3:11 PM
To: Hill, Emil (WAS-WSW)
CC: emilyblout@gmail.com; Dickler, Miriam; Jones, Maurice; Murphy, Mike
Subject: FW: Interview Request - Story on March

Emil -- FYI.

Mike

From: Peter Moskowitz [peter.moskowitz@gmail.com]


Sent: Wednesday, August 09, 2017 2:32 PM
To: Signer, Mike
Subject: Interview Request - Story on March

Hi,

My name is Peter Moskowitz. I'm a reporter writing a story on the "Unite the Right" rally for Splinter News (FKA Fusion
– SplinterNews.com. If you're not familiar, it's part of Univision, a national news outlet reaching tens of millions of
readers a month). I'll be coming down to Charlottesville on Saturday, but I was wondering if we could have a phone
conversation, either before Saturday or the following Monday or Tuesday, about the general mood in Charlottesville, and
how people are responding to the rally.

Please get back to me as soon as you can.

Thanks very much,


Peter
*************
Peter Moskowitz
917-880-2124
From: Jones, Maurice
Sent: Friday, August 11, 2017 8:21 PM
To: LEADTEAM
Subject: FW: Kessler March this Evening

FYI

Sent with Good (www.good.com)

From: Jones, Maurice


Sent: Friday, August 11, 2017 8:21:02 PM
To: Council
Subject: Kessler March this Evening

Council,

We have received confirmation that Jason Kessler's group is planning a "march" tonight on
UVA's grounds. UVA police will handle the event on grounds. We are monitoring the situation
with the state police.

I will provide additional details when I know more.

Maurice

Sent with Good (www.good.com)


From: Jones, Maurice
Sent: Friday, August 11, 2017 10:43 PM
To: LEADTEAM
Subject: FW: Kessler March this Evening

FYI

Sent with Good (www.good.com)

From: Jones, Maurice


Sent: Friday, August 11, 2017 10:42:43 PM
To: Council
Subject: RE: Kessler March this Evening

Council,

Mr. Kessler's group carried torches through the grounds this evening. Some were involved in
altercations with counter protesters. Eventually UVA police declared an unlawful
assembly. Last I heard the crowds were dispersing.

Maurice

Sent with Good (www.good.com)

From: Jones, Maurice


Sent: Friday, August 11, 2017 8:21:02 PM
To: Council
Subject: Kessler March this Evening

Council,

We have received confirmation that Jason Kessler's group is planning a "march" tonight on
UVA's grounds. UVA police will handle the event on grounds. We are monitoring the situation
with the state police.

I will provide additional details when I know more.

Maurice

Sent with Good (www.good.com)


From: Jones, Maurice
Sent: Saturday, August 12, 2017 1:00 PM
To: Council
Subject: FW: MEDIA UPDATE - 1:00pm

FYI

Sent with Good (www.good.com)

From: Dickler, Miriam


Sent: Saturday, August 12, 2017 12:57:31 PM
To: Dickler, Miriam
Subject: MEDIA UPDATE - 1:00pm

We continue releasing information as it becomes available, please remember to check our social media
channels as we are updating those regularly.

DATE: August 12, 2017

CONTACT: Miriam Dickler


434-260-2433

MEDIA UPDATE – 1:00PM


CHARLOTTESVILLE, VA - Just before 11:30 a.m. today (Aug. 12), The City of Charlottesville and Albemarle
County declared a local state of emergency, which allowed local officials to request additional resources
to respond to the ongoing events in downtown Charlottesville. An unlawful assembly was declared a
short time later and law enforcement officials began dispersing rally participants from the park. The
Virginia National Guard was active to assist law enforcement in its effort to restore order.

At 11:55 a.m., Governor Terry McAuliffe declared a state of emergency in Charlottesville “to aid in the
response to violence” at the rally.

As of 12:30 p.m., a single arrest has been reported. Emergency Medical Personnel have responded to
eight injuries related to the event.

Law enforcement will continue to monitor the situation and respond as appropriate.
###
From: Thomas, Al
Sent: Friday, August 4, 2017 1:50 PM
To: Shifflett, David
Subject: FW: More ADA violations_thanks Zach and meet after August 12

Who should attend this meeting from the PD?

Al

Al S. Thomas
Chief of Police
Charlottesville Police Department
(434) 970-3289

From: Rice, Paige


Sent: Friday, August 4, 2017 10:08 AM
To: Murphy, Mike
Cc: Thomas, Al; Oberdorfer, Paul; Baxter, Andrew; Lofton, Zachary T; Duncan, Brennen
Subject: RE: More ADA violations_thanks Zach and meet after August 12

Please let me know your availability for this meeting by completing this scheduling poll.

Thanks,
Paige

Paige Rice
Clerk of Council
Charlottesville, Virginia
clerk@charlottesville.org
(434) 970-3113

From: Galvin, Kathy


Sent: Friday, August 04, 2017 9:29 AM
To: Murphy, Mike
Cc: Pleasants, Gary; Thomas, Al; Upman, Steve; Jones, Maurice; Oberdorfer, Paul; Baxter, Andrew;
Lofton, Zachary T; Rice, Paige
Subject: Re: More ADA violations_thanks Zach and meet after August 12

Good morning Mike M.,

First of all I want to acknowledge Zach's diligent efforts to address the problems facing Ms.
pool, a sight impaired pedestrian. As Zach's email points out, our police officers recognize that a
sidewalk obstruction, could pose an emergency risk. It is not just a law enforcement problem in
other words. For that reason I have copied chief Baxter.
As Zach has also identified, many people with disabilities are pedestrians and therefore it is
incumbent upon the city to enable walking as a legitimate, safe, and consistent mode of
transportation. That brings up the question of sidewalks, crosswalks and crossing distances and
the overall layout of streets and intersections within the public right of way. That involves Alex
ikefuna, the NDS director, Brennen Duncan, our engineer and Paul oberdorfer director of public
works. Again, this isn't just an enforcement issue.

In short, these persistent public complaints about road infrastructure beginning last May (most
especially west main since it has two (2) major construction projects west of the Drewary Brown
bridge underway at the same time, with two (2) more coming on line east of the bridge) cry out
for a new systematic and proactive approach in my view. The need for such an approach will
only grow exponentially as the demand for bike-pedestrian safety increases daily and multiple
construction projects come on line at the same time across town, be it west main, water or
Preston.

To that end, sometime after August 12, but before September 18, I would like to meet with you,
Mr. Ikefuna, Mr. Duncan, Chief Baxter, Chief Thomas and Mr. Oberdorfer to get an update on
west Main Street and other corridors in terms of 1.) their adaptability to new multi-modal
demands and 2.) readiness for more construction projects without compromising bike-pedestrian
safety. Since, a "streets that work" implementation update is on the city council meeting
calendar for September 18, a discussion about a concerted, cross-departmental plan for both
implementing bike-pedestrian improvements and coping with construction projects seems timely.

I have copied Paige to help schedule this. Many thanks.

Best,
Kathy
Kathleen M. Galvin, AIA
Charlottesville City Councilor

On Aug 3, 2017, at 12:59 PM, Lofton, Zachary T <loftonz@charlottesville.org> wrote:

Good afternoon, Ms. Pool:

Today I met with an officer from the Police Department to discuss the situation
with vehicles parking on the sidewalk, and I want to let you know where we
stand.

The Police Department is fully aware that this issue exists. However, given the
size of the force, it's unrealistic to believe they will see every illegally parked
vehicle immediately. Therefore, the police rely on residents like yourself to report
issues when they see them first. The best way to do this is to call the number that I
shared with you last week (434-977-9041). This is the City's non-emergency
phone line and is ideal for reporting problems like this to be resolved ASAP.
Nonetheless, if a vehicle is parked illegally and creating an obstruction, you
should call 911. The officers recognize that a sidewalk obstruction preventing a
person from getting to a doctor appointment etc. is a legitimate concern and will
treat these issues as emergencies. That said, they must use discretion when
determining the highest priorities (i.e. active violent crime as compared to illegal
parking). As soon as a complaint is filed through one of these phone numbers, it is
documented (leaving a paper trail) and an officer is dispatched right away. From
there they will ticket and/or tow as necessary to get the issue resolved.

I say all this mainly to provide insight into the process. After meeting with the
officer, I can assure you they take every complaint seriously and will get to them
as soon as possible. This doesn't always mean the situation will be corrected
immediately, but it does mean they are actively moving to provide a solution.
Finally, I want to reiterate how seriously I take this issue as well. Many people
with disabilities travel primarily as pedestrians and it's important we enable this as
a legitimate, safe, and consistent mode of transportation. Thanks for your help.

Have a great afternoon.

Sincerely,

Zack Lofton
Neighborhood Development Services

-----Original Message-----
From: Lofton, Zachary T
Sent: Wednesday, August 02, 2017 11:11 AM
To: Pool, Sarah
Cc: Galvin, Kathy; Pleasants, Gary; Thomas, Al; Upman, Steve
Subject: RE: More ADA violations

Good morning, Ms. Pool:

I reached out to the Police Department yesterday on this particular issue and also
anticipate a meeting to figure out ways we can prevent this from happening in the
future. Have a great afternoon.

Sincerely,

Zack Lofton
Neighborhood Development Services

-----Original Message-----
From: Sarah Pool [mailto:sarahpool59@gmail.com]
Sent: Monday, July 31, 2017 6:08 PM
To: Lofton, Zachary T
Cc: Galvin, Kathy; Pleasants, Gary; Thomas, Al; Upman, Steve
Subject: Re: More ADA violations

Mr. Lofton:
After I emailed you, my husband flagged down a police officer and asked him to
take care of the situation. The officer said he would.

This afternoon at almost 6pm, the truck was still there and it did not have a ticket.
As my husband walked by he was able to flag down another officer.
This time, the officer talked to the owner of the truck.

So this makes at least two civil rights violations by the police today.

Sarah Pool

-----Original Message-----
From: Lofton, Zachary T
Sent: Monday, July 31, 2017 10:15 AM
To: Pool, Sarah
Subject: RE: More ADA violations

Good morning, Ms. Pool:

I have made the police department aware of the issue. Thanks again.

Sincerely,

Zack Lofton
Neighborhood Development Services

-----Original Message-----
From: Sarah Pool [mailto:sarahpool59@gmail.com]
Sent: Monday, July 31, 2017 8:12 AM
To: Lofton, Zachary T
Subject: More ADA violations

Mr. Lofton:
You guessed it- more cars parked on the sidewalk. This one is on Market Street
just west of Meade Avenue.

Just another Monday, just another ADA violation.

Sarah Pool
-----Original Message-----
From: Kevin Cox
Sent: Monday, July 31, 2017 8:07 AM
To: Sarah Pool

Sent from my iPhone


From: Signer, Mike
Sent: Wednesday, August 9, 2017 2:27 PM
To: ehill@webershandwick.com
CC: Rice, Paige; emilyblout@gmail.com; Jones, Maurice; Murphy, Mike; Dickler, Miriam
Subject: FW: MSNBC Media Inquiry - Mayor Signer

Emil: I'm not sure at this point how many people from your shop to include in emails like the below
regarding quick-breaking requests relevant to August 12, so I will start with you on your end, and Paige
Rice, our clerk of Council, my wife Emily, our City Manager Maurice, assistant City Manager Mike, and
communications director Miriam. Please advise on how to handle and any other thoughts. Please loop in
any others and advise on process going forward.

Thanks,

Mike

From: Been, Sam (NBCUniversal) [Sam.Been@nbcuni.com]


Sent: Wednesday, August 09, 2017 1:35 PM
To: Signer, Mike
Subject: MSNBC Media Inquiry - Mayor Signer

Hi Mayor,
We’d love to have you join us on on MSNBC’s Politics Nation this Sunday the 13th at 8:15amET. The show
is hosted by Rev. Al Sharpton and we’d like to discuss the impact of the “Unite the Right” rally being held
in your city. It would be live, about 7 minutes long and we can do it from a local studio.

Please let me know if this could work for you.

Thanks,
Sam

Samantha Been | Politics Nation | Booking Producer | Mobile: 646.303.2878 | Office: 212.664.4736
From: Jones, Maurice
Sent: Friday, August 11, 2017 8:32 PM
To: Council
CC: Dickler, Miriam
Subject: FW: No Court Decision Yet

The judge has ruled in favor of Mr. Kessler. He will be allowed to hold his event in
Emancipation Park. I have not seen the judge's ruling but I do know that Craig and his team did
an extraordinary job of preparing this case.

We will now respond accordingly.

Sent with Good (www.good.com)

From: Jones, Maurice


Sent: Friday, August 11, 2017 6:31:09 PM
To: Council
Subject: No Court Decision Yet

Council,

I just wanted you to know that we are still waiting to hear back on the decision related to the
Kessler lawsuit. We will let you know as soon as we do.

All the Best,


Maurice

Sent with Good (www.good.com)


From: Signer, Mike
Sent: Wednesday, August 9, 2017 2:15 PM
To: Dickler, Miriam; Jones, Maurice
Subject: FW: phone interview?

Please advise on how to handle. Thanks.

Mike

From: Signer, Mike


Sent: Wednesday, August 09, 2017 12:08 PM
To: Heim, Joe
Cc: Dickler, Miriam; Jones, Maurice; Murphy, Mike; Rice, Paige; Brown, Craig; Thomas, Al
Subject: Re: phone interview?

Joe - We typically work with our professional staff to address press questions on City actions and policy,
such as during this weekend. I may be up for talking with you but am looping our appropriate staff, and
would appreciate knowing the questions you'd like to ask us, so we can get our ducks in a row. Many
thanks.

Mike

Sent from my iPhone

On Aug 9, 2017, at 11:39 AM, Heim, Joe <joe.heim@washpost.com> wrote:

Hello Mayor Signer,


Do you have a few minutes today to talk about this weekend’s rally?
Thanks
Joe

From: Signer, Mike [mailto:msigner@charlottesville.org]


Sent: Thursday, July 06, 2017 2:21 PM
To: Heim, Joe <joe.heim@washpost.com>
Cc: Dickler, Miriam <dickler@charlottesville.org>; Rice, Paige
<ricep@charlottesville.org>
Subject: Re: phone interview?

Joe - yes, I'm happy to talk. What's your deadline? I'm in meetings up until 4 but could
call you then or a little after.

Mike

Sent from my iPhone

On Jul 6, 2017, at 1:49 PM, Heim, Joe <joe.heim@washpost.com> wrote:


Hello Mayor Signer,

I’m a reporter at the Washington Post and am covering Saturday’s KKK


rally and counter-protests in Charlottesville. Would you have a few
minutes to talk with me this afternoon about what you= 2re expecting
and how the city is preparing for this?

Thank you,

Joe

Joe Heim
Staff writer
The Washington Post
202-334-4305
Twitter: @joeheim
From: Thomas, Al
Sent: Wednesday, August 2, 2017 3:42 PM
To: Murphy, Mike
CC: Jones, Maurice
Subject: FW: Preparation for Alt Right Rally

I would like to share this response with Council tonight - your thoughts.

Al

Al S. Thomas
Chief of Police
Charlottesville Police Department
(434) 970-3289

From: Mitchell, Victor


Sent: Wednesday, August 2, 2017 3:34 PM
To: Thomas, Al
Subject: RE: Preparation for Alt Right Rally

Chief,

I have outlined the challenges we have faced since preparations for this event began below:

I started lining up areas for us to use starting the week of July 9th. Within a short amount of time we had
secured a number of locations for our purposes to include:

 The Jefferson Madison Regional Library


 VMDO Architects
 Hill and Wood Funeral Home
 Christ Episcopal Church
 Wells Fargo
 City Space

Assistance was also secured from local agencies in addition to the Virginia State Police. The plan was to
house 3 VSP Mobile Field Forces immediately around the park in order to provide immediate response if
necessary. We had placed a mobile field force in Hill and Wood, Christ Episcopal Church and the library.

On July 25th I received a message from John Halliday, the director at the library. He stated that the board
for the library had met on the day before and had voted to rescind the offer for us to utilize the building
for personnel. We were able to relocate the VSP mobile field force from that location to City Space. This
move created a number of problems to include:

 Increased response time from the MFF


 Lack of adequate facilities for relief for officers
 A safe location for officers should they be fired upon

On today’s date clergy from the Episcopal Church arrived at my office. We were informed that the board
from the church had met and by unanimous decision revoked our permission to utilize the church and
it’s properties. This, in conjunction with losing the library is catastrophic to our planning process and
greatly increases our risk for both property damage and injury to both public safety personnel and
civilians.

The most recent loss of Christ Episcopal Church forces us to relocate the second MFF to the Omni Hotel.
This cuts our immediate MFF response down to one platoon of 56 officers. Although there will be many
other officers on the ground they will not be adequately equipped to handle a large crowd should large
scale violence erupt. We had plans in place that would allow officers to re-group in the public safety
zone once the MFF(s) were deployed so they could don their protective equipment. If one MFF proves
to be inadequate we will have an extended period of time before another force can get into place to
allow us to accomplish this goal.

In addition to these losses we also have experienced reduction in personnel from both ACPD and UVA.
Both agencies are assisting us with calls for service throughout the day but will have no involvement
with the actual event. We originally had 15-20 officers from UVA to assist with the event itself. This offer
has since been rescinded. A request was made for their command vehicle to use at the event site which
was denied.

There has also been discussions of moving this event to McIntire Park. This move would put a further
strain on the resources we have dedicated to the protection of both property and persons. This action is
not recommended for the following reason:

 Attempting to relocate this event in the final stages of planning coupled with the limited
amount of resources will present a logistical challenge
 Dividing our personnel and resources for two separate operations will pose a tremendous
public safety challenge.
 CPD will have no additional command staff to allocate to two operations
 Revoking the permit for Emancipation Park will not eliminate the need for the same if not more
preparation and resources. On the contrary, it will require much more resources than currently
available to us.

The only advantage to moving the event to McIntire Park would be the potential for a decrease in
property damage. That of course is assuming the event in its entirety would move to that location. We,
of course, know this will not happen. Had this been decided upon in the earlier stages the benefits
would outweigh the cost. At this point it is simply not feasible or recommended.

Captain Victor G. Mitchell


Commander, Field Operations Division

Charlottesville Police Department


(434) 970-3960

From: Thomas, Al
Sent: Wednesday, August 02, 2017 2:52 PM
To: Mitchell, Victor
Subject: Preparation for Alt Right Rally

Captain Mitchell,

As you know Council is holding a closed session this afternoon to discuss details of the Alt Right Rally on
August 12th. The Mayor is considering a possible change of the venue from Emancipation Park to
McIntire Park. Please forward me a list of potential advantages and concerns if this request is approved.

Thanks,

Al S. Thomas
Chief of Police
Charlottesville Police Department
(434) 970-3289
From: Jones, Maurice
Sent: Sunday, August 13, 2017 10:38 AM
To: Thomas, Al
Subject: FW: Press Release and Press Conference from Unite the Right Organizers

Sent with Good (www.good.com)

From: Henry Graff


Sent: Sunday, August 13, 2017 10:36:18 AM
To: Jones, Maurice; Chief
Cc: Council
Subject: Fwd: Press Release and Press Conference from Unite the Right Organizers

FYI... Out of a concern for public safety...

Sent from my iPhone

Begin forwarded message:

From: Jason Kessler <jason@unityandsecurity.org>


Date: August 13, 2017 at 10:03:16 AM EDT
To: Henry Graff <hgraff@nbc29.com>
Subject: Press Release and Press Conference from Unite the Right
Organizers

FOR IMMEDIATE RELEASE

AUGUST 12, 2017

JASON KESSLER

jason@unityandsecurity.org

STATEMENT OF “UNITE THE RIGHT” RALLY ORGANIZER

Charlottesville, Virginia – Jason Kessler, the organizer of the “Unite the Right”
rally, has disavowed the political violence that resulted in the death of at least one
person and the injuries of many others.
“The blame for today’s violence is primarily the result of the Charlottesville
government officials and the law enforcement officers which failed to maintain
law and order by protecting the First Amendment rights of the participants of the
‘Unite the Right’ rally,” Kessler said. “We networked with law enforcement
officials and safety arrangements were made months ago, but despite this, the
Charlottesville Police Department not only failed to act per the plan but
exacerbated the violence: they did not separate the demonstrators and counter-
demonstrators, they were poorly underequipped for the situation, they stood idly
by when violent counter-protesters attacked the participants of the rally and then
they forced our demonstrators out of Lee Park and into a melee with Antifa.”

Photographs have circulated via the Internet of counter-protesters carrying bows


and arrows, knives, hammers, baseball bats, and even an improvised flamethrower
made with an aerosol can. Participants of the “Unite the Right” rally were
victimized by pepper spray used by counter-protesters.

Despite the safety plan that was in place, the Charlottesville government backed
out of it at the last minute, and a federal lawsuit was filed the day before the rally
and an emergency temporary restraining order was procured to require the
Charlottesville government to permit the rally to occur at Emancipation Park
(formerly known as Lee Park).

“Charlottesville violated the federal court’s order by shutting down the rally at
Lee Park after left-wing agitators began throwing bricks at us,” Kessler
said. “Our right to free speech was violated when the police officers acquiesced
to the unconstitutional ‘heckler’s veto’ raised by our detractors.”

“Due to the police not maintaining order, many people were hurt,” Kessler
added. “The media is not showing who instigated the violence.”

Mr Kessler will be holding a press conference today on the downtown mall at


2pm behind Charlottesville City Hall along with Richard Spencer and other
speakers and attendees of the planned rally.
Regards,

Jason Kessler, President


Unity & Security for America
www.JasonKessler.net
From: Jones, Maurice
Sent: Sunday, August 13, 2017 10:40 AM
To: Council; Dickler, Miriam; Brown, Craig
Subject: FW: Press Release and Press Conference from Unite the Right Organizers

FYI

We are now preparing for this.

Sent with Good (www.good.com)

From: Henry Graff


Sent: Sunday, August 13, 2017 10:36:18 AM
To: Jones, Maurice; Chief
Cc: Council
Subject: Fwd: Press Release and Press Conference from Unite the Right Organizers

FYI... Out of a concern for public safety...

Sent from my iPhone

Begin forwarded message:

From: Jason Kessler <jason@unityandsecurity.org>


Date: August 13, 2017 at 10:03:16 AM EDT
To: Henry Graff <hgraff@nbc29.com>
Subject: Press Release and Press Conference from Unite the Right
Organizers

FOR IMMEDIATE RELEASE

AUGUST 12, 2017

JASON KESSLER

jason@unityandsecurity.org

STATEMENT OF “UNITE THE RIGHT” RALLY ORGANIZER


Charlottesville, Virginia – Jason Kessler, the organizer of the “Unite the Right”
rally, has disavowed the political violence that resulted in the death of at least one
person and the injuries of many others.

“The blame for today’s violence is primarily the result of the Charlottesville
government officials and the law enforcement officers which failed to maintain
law and order by protecting the First Amendment rights of the participants of the
‘Unite the Right’ rally,” Kessler said. “We networked with law enforcement
officials and safety arrangements were made months ago, but despite this, the
Charlottesville Police Department not only failed to act per the plan but
exacerbated the violence: they did not separate the demonstrators and counter-
demonstrators, they were poorly underequipped for the situation, they stood idly
by when violent counter-protesters attacked the participants of the rally and then
they forced our demonstrators out of Lee Park and into a melee with Antifa.”

Photographs have circulated via the Internet of counter-protesters carrying bows


and arrows, knives, hammers, baseball bats, and even an improvised flamethrower
made with an aerosol can. Participants of the “Unite the Right” rally were
victimized by pepper spray used by counter-protesters.

Despite the safety plan that was in place, the Charlottesville government backed
out of it at the last minute, and a federal lawsuit was filed the day before the rally
and an emergency temporary restraining order was procured to require the
Charlottesville government to permit the rally to occur at Emancipation Park
(formerly known as Lee Park).

“Charlottesville violated the federal court’s order by shutting down the rally at
Lee Park after left-wing agitators began throwing bricks at us,” Kessler
said. “Our right to free speech was violated when the police officers acquiesced
to the unconstitutional ‘heckler’s veto’ raised by our detractors.”

“Due to the police not maintaining order, many people were hurt,” Kessler
added. “The media is not showing who instigated the violence.”
Mr Kessler will be holding a press conference today on the downtown mall at
2pm behind Charlottesville City Hall along with Richard Spencer and other
speakers and attendees of the planned rally.

Regards,

Jason Kessler, President


Unity & Security for America
www.JasonKessler.net
From: Jones, Maurice
Sent: Thursday, August 10, 2017 7:39 PM
To: Thomas, Al
Subject: FW: Public Housing/parking Aug 11-13

Just an FYI

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org

From: Brandon Collins [mailto:brandon@pharcville.org]


Sent: Thursday, August 10, 2017 4:53 PM
To: Jones, Maurice; Bellamy, Wes; Fenwick, Bob; Galvin, Kathy; Szakos, Kristin; Signer, Mike
Subject: RE: Public Housing/parking Aug 11-13

Dear Mr. Jones and Councilors,


I am extremely disappointed in the City’s no parking plans for this coming weekend. Friendship Court,
Sixth Street, and Crescent Halls will be completely exposed to violent, armed racists parking in their
neighborhoods. The potential for random interactions and violence is quite high. PHAR has done our
part by advising residents on staying safe, we sincerely wish you would do your part as well.

In addition, we have heard increased concerns that Prospect Ave and Greenstone on 5th may be
specifically targeted by alt-right on Friday or Saturday night.

From: Brandon Collins [mailto:brandon@pharcville.org]


Sent: Wednesday, August 2, 2017 12:07 PM
To: MJONES@CHARLOTTESVILLE.ORG; Bellamy, Wes <wbellamy@charlottesville.org>; Bob Fenwick
<bfenwick@mindspring.com>; Galvin, Kathy <kgalvin@charlottesville.org>; Kristin Szakos
<k.szakos@embarqmail.com>; msigner@charlottesville.org
Subject: Public Housing/parking Aug 11-13

Dear councilors,
As you contemplate strategies for the upcoming crisis I hope you will consider what efforts can be taken
to protect public housing neighborhoods and Friendship Court from the influx of hostile participants in
the UTR rally.

Please consider parking strategies that will decrease the likelihood of alt-right/resident contact during
the weekend. I suggest disallowing on street parking on Garret St, 2nd St SE, Monticello Ave, Sixth St,
South First Street.
Additionally, efforts to direct foot and vehicle traffic around that area towards downtown should be in
place so that violent extremists are not parking on Avon and walking through the area to reach
downtown.
Thank you for your consideration

Brandon Collins
Organizer, Public Housing Association of Residents (PHAR)
Office: (434) 984-3255
Cell: (434) 249-3312
1000 Preston Ave, Suite C
Charlottesville, Va 22903
From: Jones, Maurice
Sent: Wednesday, August 9, 2017 9:23 PM
To: Thomas, Al
Subject: FW: Rally Update
Attachments: August 12 Operational Rundown.docx

FYI

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org

From: Jones, Maurice


Sent: Wednesday, August 09, 2017 9:22 PM
To: Council
Cc: Dickler, Miriam
Subject: Rally Update

Council,

I have attached a memo with the latest information on prep for Saturday’s events. We will update this
rundown each day leading up to the weekend.

I would also like to offer you the opportunity for you to meet with Chief Thomas and I on Thursday or
Friday to provide a face to face update. I envision these being 2-2-1 meetings. I will ask Terry Bentley
from my office to coordinate with Paige and Emily Lantz from the Chief’s office.

If you have any questions please feel free to contact me.

All the Best,


Maurice

Maurice Jones
City Manager

City of Charlottesville

(434) 970-3101
www.charlottesville.org
August 9th City Council Update

Law Enforcement
Chief Thomas, his command staff and the leadership from the Virginia State Police (VSP) are
finalizing the details of their operational plan for McIntire Park, Emancipation Park, Downtown
and the neighborhoods adjacent to the parks.

We anticipate 400+ law enforcement officers in the City on Saturday. While most of our officers
and the state police will be focused on the protest sites, officers from the University of Virginia
and Albemarle County will be providing coverage in other parts of the City.

Our officers and VSP troopers have also been involved with additional de-escalation training
during the past couple of weeks.

Emergency personnel from the Fire Department, EMS and the Virginia Department of
Emergency Management have also been involved with the planning for the event. Our local
EOC held a meeting yesterday to discuss emergency planning for Saturday.

Street Closures
As mentioned before the City is still preparing for a possible demonstration in Downtown.
Therefore streets will be closed around the park. We have sent out information on some of the
street closures while others may wait until there is a legal decision on the permit.

Legal
Craig and his team have been working around the clock to prepare for the legal challenge of the
decision to move the event to McIntire Park. We anticipate receiving the filing either tonight or
tomorrow. We will let you know when we have received the document.

Media Relations
Miriam has been working for several weeks with our partners to establish a joint information
center (JIC) to be staffed by her, Corinne Geller of the Virginia State Police, two of her staff,
with assistance from the ACPD PIO and the County communications team. We will be offering
a couple briefings to the press in the next few days leading up to the event. We will be using this
web site - www.communityemergency.org – to provide live, real time updates on activities on
Saturday.

We are working with a national media relations firm to provide assistance with national news
media and messaging for this weekend and early next week.

Community Relations
We have sent out a series of emails today to neighborhood associations that are most affected by
the event, providing links to additional information. We have also sent that information to the
housing authority and PHA to pass along to their residents.
Chief Thomas and I spoke to a group of folks from the DBAC this morning about what to expect
in the coming days. Mike Murphy and Jason Ness from Economic Development were also in
attendance. The discussion was well received.

Staff has had conversations this week with organizers of the Unite the Right rally, the McGuffey
and Justice Parks events, the Clergy Collective and the organizers of the Downtown march
which is scheduled for Saturday morning.

I had a phone call this week with Charles Phillips from the Justice Department’s Community
Relations Division. He will be in town for the event and is prepared to work with us in the days
and weeks ahead.
August 9th City Council Update

Law Enforcement
Chief Thomas, his command staff and the leadership from the Virginia State Police (VSP) are
finalizing the details of their operational plan for McIntire Park, Emancipation Park, Downtown
and the neighborhoods adjacent to the parks.

We anticipate 400+ law enforcement officers in the City on Saturday. While most of our officers
and the state police will be focused on the protest sites, officers from the University of Virginia
and Albemarle County will be providing coverage in other parts of the City.

Our officers and VSP troopers have also been involved with additional de-escalation training
during the past couple of weeks.

Emergency personnel from the Fire Department, EMS and the Virginia Department of
Emergency Management have also been involved with the planning for the event. Our local
EOC held a meeting yesterday to discuss emergency planning for Saturday.

Street Closures
As mentioned before the City is still preparing for a possible demonstration in Downtown.
Therefore streets will be closed around the park. We have sent out information on some of the
street closures while others may wait until there is a legal decision on the permit.

Legal
Craig and his team have been working around the clock to prepare for the legal challenge of the
decision to move the event to McIntire Park. We anticipate receiving the filing either tonight or
tomorrow. We will let you know when we have received the document.

Media Relations
Miriam has been working for several weeks with our partners to establish a joint information
center (JIC) to be staffed by her, Corinne Geller of the Virginia State Police, two of her staff,
with assistance from the ACPD PIO and the County communications team. We will be offering
a couple briefings to the press in the next few days leading up to the event. We will be using this
web site - www.communityemergency.org – to provide live, real time updates on activities on
Saturday.

We are working with a national media relations firm to provide assistance with national news
media and messaging for this weekend and early next week.

Community Relations
We have sent out a series of emails today to neighborhood associations that are most affected by
the event, providing links to additional information. We have also sent that information to the
housing authority and PHA to pass along to their residents.
Chief Thomas and I spoke to a group of folks from the DBAC this morning about what to expect
in the coming days. Mike Murphy and Jason Ness from Economic Development were also in
attendance. The discussion was well received.

Staff has had conversations this week with organizers of the Unite the Right rally, the McGuffey
and Justice Parks events, the Clergy Collective and the organizers of the Downtown march
which is scheduled for Saturday morning.

I had a phone call this week with Charles Phillips from the Justice Department’s Community
Relations Division. He will be in town for the event and is prepared to work with us in the days
and weeks ahead.
From: Thomas, Al
Sent: Wednesday, August 9, 2017 9:24 PM
To: Lantz, Emily
Subject: FW: Rally Update
Attachments: August 12 Operational Rundown.docx

FYI

Al S. Thomas
Chief of Police
Charlottesville Police Department
(434) 970-3289

From: Jones, Maurice


Sent: Wednesday, August 09, 2017 9:23 PM
To: Thomas, Al
Subject: FW: Rally Update

FYI

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org

From: Jones, Maurice


Sent: Wednesday, August 09, 2017 9:22 PM
To: Council
Cc: Dickler, Miriam
Subject: Rally Update

Council,

I have attached a memo with the latest information on prep for Saturday’s events. We will update this
rundown each day leading up to the weekend.

I would also like to offer you the opportunity for you to meet with Chief Thomas and I on Thursday or
Friday to provide a face to face update. I envision these being 2-2-1 meetings. I will ask Terry Bentley
from my office to coordinate with Paige and Emily Lantz from the Chief’s office.

If you have any questions please feel free to contact me.

All the Best,


Maurice

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org
August 9th City Council Update

Law Enforcement
Chief Thomas, his command staff and the leadership from the Virginia State Police (VSP) are
finalizing the details of their operational plan for McIntire Park, Emancipation Park, Downtown
and the neighborhoods adjacent to the parks.

We anticipate 400+ law enforcement officers in the City on Saturday. While most of our officers
and the state police will be focused on the protest sites, officers from the University of Virginia
and Albemarle County will be providing coverage in other parts of the City.

Our officers and VSP troopers have also been involved with additional de-escalation training
during the past couple of weeks.

Emergency personnel from the Fire Department, EMS and the Virginia Department of
Emergency Management have also been involved with the planning for the event. Our local
EOC held a meeting yesterday to discuss emergency planning for Saturday.

Street Closures
As mentioned before the City is still preparing for a possible demonstration in Downtown.
Therefore streets will be closed around the park. We have sent out information on some of the
street closures while others may wait until there is a legal decision on the permit.

Legal
Craig and his team have been working around the clock to prepare for the legal challenge of the
decision to move the event to McIntire Park. We anticipate receiving the filing either tonight or
tomorrow. We will let you know when we have received the document.

Media Relations
Miriam has been working for several weeks with our partners to establish a joint information
center (JIC) to be staffed by her, Corinne Geller of the Virginia State Police, two of her staff,
with assistance from the ACPD PIO and the County communications team. We will be offering
a couple briefings to the press in the next few days leading up to the event. We will be using this
web site - www.communityemergency.org – to provide live, real time updates on activities on
Saturday.

We are working with a national media relations firm to provide assistance with national news
media and messaging for this weekend and early next week.

Community Relations
We have sent out a series of emails today to neighborhood associations that are most affected by
the event, providing links to additional information. We have also sent that information to the
housing authority and PHA to pass along to their residents.
Chief Thomas and I spoke to a group of folks from the DBAC this morning about what to expect
in the coming days. Mike Murphy and Jason Ness from Economic Development were also in
attendance. The discussion was well received.

Staff has had conversations this week with organizers of the Unite the Right rally, the McGuffey
and Justice Parks events, the Clergy Collective and the organizers of the Downtown march
which is scheduled for Saturday morning.

I had a phone call this week with Charles Phillips from the Justice Department’s Community
Relations Division. He will be in town for the event and is prepared to work with us in the days
and weeks ahead.
August 9th City Council Update

Law Enforcement
Chief Thomas, his command staff and the leadership from the Virginia State Police (VSP) are
finalizing the details of their operational plan for McIntire Park, Emancipation Park, Downtown
and the neighborhoods adjacent to the parks.

We anticipate 400+ law enforcement officers in the City on Saturday. While most of our officers
and the state police will be focused on the protest sites, officers from the University of Virginia
and Albemarle County will be providing coverage in other parts of the City.

Our officers and VSP troopers have also been involved with additional de-escalation training
during the past couple of weeks.

Emergency personnel from the Fire Department, EMS and the Virginia Department of
Emergency Management have also been involved with the planning for the event. Our local
EOC held a meeting yesterday to discuss emergency planning for Saturday.

Street Closures
As mentioned before the City is still preparing for a possible demonstration in Downtown.
Therefore streets will be closed around the park. We have sent out information on some of the
street closures while others may wait until there is a legal decision on the permit.

Legal
Craig and his team have been working around the clock to prepare for the legal challenge of the
decision to move the event to McIntire Park. We anticipate receiving the filing either tonight or
tomorrow. We will let you know when we have received the document.

Media Relations
Miriam has been working for several weeks with our partners to establish a joint information
center (JIC) to be staffed by her, Corinne Geller of the Virginia State Police, two of her staff,
with assistance from the ACPD PIO and the County communications team. We will be offering
a couple briefings to the press in the next few days leading up to the event. We will be using this
web site - www.communityemergency.org – to provide live, real time updates on activities on
Saturday.

We are working with a national media relations firm to provide assistance with national news
media and messaging for this weekend and early next week.

Community Relations
We have sent out a series of emails today to neighborhood associations that are most affected by
the event, providing links to additional information. We have also sent that information to the
housing authority and PHA to pass along to their residents.
Chief Thomas and I spoke to a group of folks from the DBAC this morning about what to expect
in the coming days. Mike Murphy and Jason Ness from Economic Development were also in
attendance. The discussion was well received.

Staff has had conversations this week with organizers of the Unite the Right rally, the McGuffey
and Justice Parks events, the Clergy Collective and the organizers of the Downtown march
which is scheduled for Saturday morning.

I had a phone call this week with Charles Phillips from the Justice Department’s Community
Relations Division. He will be in town for the event and is prepared to work with us in the days
and weeks ahead.
From: Thomas, Al
Sent: Wednesday, August 9, 2017 1:50 PM
To: Jones, Maurice; Murphy, Mike; Lewis, Wendy; Shifflett, David; Mitchell, Victor; Brown,
Craig
Subject: FW: Richard Spencer's YouTube video

Don’t recall if I forwarded this earlier-

To: Chief Thomas/Charlottesville PD

Dear Chief Thomas-

I saw a posting on Facebook that led me to this YouTube video, posted by Richard Spencer, where he talks about the
change in venue for the Alt-Right march on August 12.

You are probably already aware of it but sending it just in case. He adamantly states that they WILL be marching in
Emancipation Park, regardless of what the city wants and they have no plans to move to McIntire Park. He sounds
like he doesn't care if things get ugly which is quite worrisome for the safety of our town and visitors.

Sincerely,
Ann Fox
Cismont, VA

https://www.youtube.com/watch?v=gESPuCzOzAs&sns=em

Sent from my iPhone


From: Jones, Maurice
Sent: Sunday, August 13, 2017 6:13 PM
To: Dickler, Miriam; Thomas, Al
Subject: FW: Talking Points for the Next Day or So

FYI

Sent with Good (www.good.com)

From: Jones, Maurice


Sent: Sunday, August 13, 2017 6:11:07 PM
To: Council
Subject: Talking Points for the Next Day or So

Council,

We have developed some talking points for your consideration if you feel compelled to respond to
reporters’ questions in the next 24 hours. We will be providing additional details in the next day or so. I
hope they help.

All the Best,


Maurice

 What the world saw yesterday in our city is not Charlottesville. The hatemongers who traveled
from other places around the country do not represent us. They represent a worldview that,
despite their declarations, is on the brink of extinction. Although we support free speech and
assembly our community will to voice its opposition to the hate and violence that invaded our
City yesterday.

 We mourn the loss of life in our community and pass along our condolences to the families of -
Heather Heyer, a resident of Charlottesville, who was standing up to hate when she was mowed
down in a vicious and despicable terrorist attack. Lt. H. Jay Cullen and Trooper Berke Bates, who
perished in the crash of a Virginia State Helicopter. Our hearts are saddened by their deaths.

 Charlottesville is a wonderful and resilient City. We have had a great deal of tragedy in recent
years especially for a community of our size, but yet we continue to grow and prosper. Our City
will rebound from this terrible day in our history. I know we will be stronger because we will
come together. We will continue to send a strong message against the hate we experienced
yesterday and we will celebrate our diversity.

There have been a number of questions criticizing the police for moving too slowly in responding to the
fights that broke out. Here are a few points to consider. The first one is quote Chief Thomas gave to the
New York Times on Saturday night.
“Law Enforcement did respond to and break up various fights in and around Emancipation Park prior to
the unlawful assembly declaration. Once the unlawful assembly was declared, we gave people sufficient
opportunity to disperse. When circumstances warranted, our officers moved back into the park to
address those who had not complied. Law Enforcement and National Guard personnel were staged
throughout the City for the remainder of the day for comprehensive response, answering approximately
250 calls for service as well as addressing issues they observed or were asked to assist with by the
public.” – Charlottesville Chief of Police Al Thomas

Stand Down Order


There was no order to “stand down” issued at any time by any authority or at any level yesterday.

The Charlottesville Police Department was the lead agency with support of the Virginia State Police and
our other local partners. Officers responded to numerous physical altercations in and around the
Emancipation Park and the City. Video of some of the responses can be found on the Virginia State
Police Facebook page.

Unlawful Assembly
Once the unlawful assembly was declared we had a number of groups that were abiding by the
commands and leaving the area. The police wanted to give them time to disperse without risking arrest

Obviously we are all grieving for the loss of life in our community yesterday. It was a tragic day for
Charlottesville. Considering the sheer size of the crowd we had in Downtown, combined with the
number of weapons in and around Emancipation Park and the tension between many of the protestors I
believe our police department, along with the Virginia State Police, managed a highly volatile situation
with great professionalism and skill. They balanced the rights of everyone involved with the general
public safety of our community under trying circumstances.

In the days and weeks ahead the City will thoroughly review our response from this weekend in an effort
to identify what we did well and areas where we can improve.

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org
From: Signer, Mike
Sent: Monday, August 7, 2017 9:55 AM
To: Jones, Maurice; Murphy, Mike
Subject: FW: Three Notch'd Brewing Site Plan

Sorry to overwhelm, but it sounds like this is a pretty urgent matter from their perspective. But this is above my
paygrade. I'd like to be able to respond by cc'ing both of you and asking them to address with you. But obviously
only after hearing your thoughts first.

Thanks,

Mike

________________________________________
From: George H Kastendike [george@threenb.com]
Sent: Monday, August 07, 2017 7:47 AM
To: Signer, Mike; Rice, Paige
Cc: Scott roth; Brad Backof
Subject: Three Notch'd Brewing Site Plan

Mike, Paige

I hope you enjoyed your weekend and trust your well.

On Friday we heard word from the City's civil engineer that he believes we have broken a site code stipulation on
area disturbance that could potentially push our opening date back 6 months to a year (time frame estimated by my
team) by requiring the US Army Corp of Engineers to approve our water management plan. We specifically
engineered our construction plan to keep within the disturbance limits so this is surprising news to me.

As you will likely presume, we have already hired most of our team and are incurring the expenses to run our
operation already. Any delay in our opening will certainly put our business at risk as we have taken down bank debt
to fund part of our operation and we will certainly break covenants that will put the business in technical default
should we significantly miss plan. To put things to scale for you, our current hiring plan calls for close to 120 part
time workers to manage front and back of house operations and over half of these are already filled - many who
have given notice to current employers and would be left with out income should our opening be significantly
delayed.

Chris Engel and Jason Ness are helping us navigate the waters to identify ways to keep our opening date of the 19th
and receive inspection certs as scheduled. However, if they cannot reach a reasonable solution for us in the next 24
hours then I wanted to see if we could steal 10-15 minutes of your time to discuss our options.

Any advice or help you can offer is greatly appreciated.

Best,

George H. Kastendike
404-432-7197 - M
From: Jones, Maurice
Sent: Tuesday, August 8, 2017 1:37 PM
To: Thomas, Al
Subject: FW: "Unite the Right" Demonstration Permit / Demand Letter
Attachments: 8-8-17 Unite the Right Permit Revocation Statement.pdf

FYI

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org

From: Legal [mailto:legal@rutherford.org]


Sent: Tuesday, August 08, 2017 1:20 PM
To: Signer, Mike; Bellamy, Wes; Szakos, Kristin; Galvin, Kathy; Fenwick, Bob; Jones, Maurice
Cc: John W. Whitehead; Claire Gastanaga; browc@charlottesville.org
Subject: "Unite the Right" Demonstration Permit / Demand Letter

Dear members of the Charlottesville City Council and City Manager Jones:

Attached please find a letter from The Rutherford Institute and the ACLU of Virginia regarding the
revocation of the permit of “Unite the Right” to hold a demonstration in Emancipation Park on August
12, 2017.

As organizations committed to protecting constitutional and civil rights, we demand that the City
withdraw its letter to Jason Kessler of August 7, 2017, revoking and otherwise rescinding the permit for
that demonstration and provide assurances that the City will allow the “Unite the Right” demonstration
as previously planned and approved by operation of law. We will need a response to this letter by noon
(12:00 p.m.) August 9, 2017.

Sincerely,

Legal Department
The Rutherford Institute
P.O. Box 7482
Charlottesville, Virginia 22906

For more information about The Rutherford Institute, visit www.rutherford.org

This message contains information which may be confidential and privileged. Unless you are the intended
addressee (or authorized to receive for the intended addressee), you may not use, copy or disclose to
anyone the message or any information contained in the message. If you have received the message in
error, please advise the sender by reply at legal@rutherford.org and delete the message. Thank you very
much.
August 8, 2017

Mike Signer, Mayor (via e-mail msigner@charlottesville.org)


Wes Bellamy, Vice-Mayor (via e-mail wbellamy@charlottesville.org)
Kristin Szakos, Charlottesville City Council (via e-mail k.szakos@embarqmail.com)
Kathy Galvin, Charlottesville City Council (via e-mail kgalvin@charlottesville.org)
Bob Fenwick, Charlottesville City Council (via e-mail bfenwick@charlottesville.org)
Maurice Jones, Charlottesville City Manager (vial e-mail mjones@charlottesville.org)

Dear City Councilors and Mr. Jones,

The City of Charlottesville’s belated demand that the “Unite the Right” demonstration scheduled
for August 12 move from its planned and approved location in Emancipation Park raises serious
First Amendment concerns.

1. Opposition can be no basis for government action that would suppress the First Amendment
rights of demonstrators, no matter how distasteful those views may be

Both the timing and justification for the demand that organizers accept a move to McIntire Park
show a callous disrespect for the rights of free speech and assembly, forcing an 11th-hour relocation
of the rally from the place chosen specifically because of its importance to the message of the rally
organizers. While the message of the “Unite the Right” rally may raise strong feelings of
opposition among area residents and political leaders, that opposition can be no basis for
government action that would suppress the First Amendment rights of demonstrators who have
acted according to the law.

2. Last-minute relocation undermines ability of demonstrators to effectively communicate their


message

The last-minute relocation by the City appears to be an attempt to undermine the ability of
demonstrators to effectively communicate their message. Although event organizers submitted
their application for the rally in Emancipation Park two months ago, the City is only now asserting
that the event cannot be safely conducted in the park, a place chosen specifically by event
organizers because of the symbolic significance of the Lee statute. This belated action by the City
seriously undermines the ability of organizers to protect their legal rights to enforce their permit
Mike Signer, Mayor, et al.
August 8, 2017
Page 2

to rally in the park, a permit that was plainly approved under section 3.4.6 of the City’s Special
Events Regulations. 1

3. City must provide factual evidence to support its attendance estimate and justify revoking the
permit to demonstrate in Emancipation Park

It is also questionable whether the City’s demand, which is effectively a revocation of the permit
to demonstrate in Emancipation Park, is justified by any provision of the Special Events Regulation.
Revocation could only be justified under section 3.4.7 of the regulation on the basis that the event
“presents a danger to public safety” or “cannot reasonably be accommodated in the particular area
applied for[.]” 2 While the City relies upon a forecast that “many thousands” will attend the event,
it has not disclosed the sources of the information it is relying on for that estimate and whether
such sources have any factual basis. When First Amendment rights are at stake, the City should
be transparent about the evidence and information underlying its action so that citizens can be sure
that fears of overcrowding are not simply a pretext for censorship and meet the requirement for
proof that a compelling government interest underlies its decision. 3 Moreover, demonstration
organizers should be allowed to know the basis for the City’s crowd projections so that they can
defend the rights granted by the permit by challenging and rebutting the City’s unilateral
conclusion that the event poses a danger to public safety.

The City’s justification for revocation appears more specious in light of the City’s approval of
permits for opposing demonstrations on August 12 in Justice and McGuffey Parks which will
reportedly expect attendance of greater than 1000 persons. Furthermore, “Unite the Right”
organizers reportedly offered to allow City officials to limit access to Emancipation Park during
their event to prevent overcrowding. Thus, fears of overcrowding that would lead to public safety
concerns appear to be a pretext for silencing the “Unite the Right” demonstration.

4. If the City is justifying its relocation of the rally elsewhere based on the presence of
counterdemonstrators, that constitutes an unconstitutional “hecklers’ veto”

To the extent the City is relying on the presence of counterdemonstrators for its revocation of the
Emancipation Park permit, it is violating the fundamental principle that the rights of speech and
assembly may not be restricted because demonstrators may be met by opposition. There is no
place for a “hecklers’ veto” under the First Amendment. 4 Any decision that the demonstration
under the permit poses a threat to public safety should be based solely on the plans and actions of
the “Unite the Right” organizers, not of those who plan to be present in opposition. Otherwise,

1
That section provides “[a]ll requests for demonstration permits shall be DEEMED GRANTED, subject to all
applicable limitations and restrictions, unless denied within ten business days following the application for a permit[.]”
City of Charlottesville Standard Operating Procedure Policy No. 100-04.
2
Id.
3
National Socialist White People’s Party v. Ringers, 473 F.2d 1010, 1014 n.4 (4th Cir. 1973). See also, Christian
Knights of KKK v. District of Columbia, 972 F.2d 365 (D.C. Cir 1992).
4
Christian Knights of Ku Klux Klan Invisible Empire, Inc. v. Stuart, 934 F.2d 318 (4th Cir. 1991).
Mike Signer, Mayor, et al.
August 8, 2017
Page 3

hecklers and counterdemonstrators could always shut down speech they disagree with by
manufacturing threats to public safety.

5. The City must act in accordance with the law, no matter how distasteful that may be to members
of the community

The City must act in accordance with the law, even if doing so is distasteful to members of the
community who disagree with the views espoused by the “Unite the Right” organizers. At the
very least, the City must explain in more than just generalities its reasons for concluding that the
demonstration cannot safely be held in Emancipation Park. It must allow the organizers the
opportunity to dispel fears or concerns about the rally. Otherwise, it appears that the City’s
revocation of the permit is based only upon public opposition to the message of the demonstration,
which would constitute a violation of the organizers’ fundamental First Amendment rights.

As organizations committed to protecting constitutional and civil rights, we demand that the City
withdraw its letter to Jason Kessler of August 7, 2017, revoking and otherwise rescinding the
permit for a demonstration in Emancipation Park on August 12, 2017, and provide assurances that
the City will allow the “Unite the Right” demonstration as previously planned and approved by
operation of law. We will need a response to this letter by noon (12:00 p.m.) August 9, 2017.

Sincerely,

Claire Guthrie Gastanaga, Executive Director John W. Whitehead, President


ACLU Foundation of Virginia The Rutherford Institute
claire@acluva.org johnw@rutherford.org
August 8, 2017

Mike Signer, Mayor (via e-mail msigner@charlottesville.org)


Wes Bellamy, Vice-Mayor (via e-mail wbellamy@charlottesville.org)
Kristin Szakos, Charlottesville City Council (via e-mail k.szakos@embarqmail.com)
Kathy Galvin, Charlottesville City Council (via e-mail kgalvin@charlottesville.org)
Bob Fenwick, Charlottesville City Council (via e-mail bfenwick@charlottesville.org)
Maurice Jones, Charlottesville City Manager (vial e-mail mjones@charlottesville.org)

Dear City Councilors and Mr. Jones,

The City of Charlottesville’s belated demand that the “Unite the Right” demonstration scheduled
for August 12 move from its planned and approved location in Emancipation Park raises serious
First Amendment concerns.

1. Opposition can be no basis for government action that would suppress the First Amendment
rights of demonstrators, no matter how distasteful those views may be

Both the timing and justification for the demand that organizers accept a move to McIntire Park
show a callous disrespect for the rights of free speech and assembly, forcing an 11th-hour relocation
of the rally from the place chosen specifically because of its importance to the message of the rally
organizers. While the message of the “Unite the Right” rally may raise strong feelings of
opposition among area residents and political leaders, that opposition can be no basis for
government action that would suppress the First Amendment rights of demonstrators who have
acted according to the law.

2. Last-minute relocation undermines ability of demonstrators to effectively communicate their


message

The last-minute relocation by the City appears to be an attempt to undermine the ability of
demonstrators to effectively communicate their message. Although event organizers submitted
their application for the rally in Emancipation Park two months ago, the City is only now asserting
that the event cannot be safely conducted in the park, a place chosen specifically by event
organizers because of the symbolic significance of the Lee statute. This belated action by the City
seriously undermines the ability of organizers to protect their legal rights to enforce their permit
Mike Signer, Mayor, et al.
August 8, 2017
Page 2

to rally in the park, a permit that was plainly approved under section 3.4.6 of the City’s Special
Events Regulations. 1

3. City must provide factual evidence to support its attendance estimate and justify revoking the
permit to demonstrate in Emancipation Park

It is also questionable whether the City’s demand, which is effectively a revocation of the permit
to demonstrate in Emancipation Park, is justified by any provision of the Special Events Regulation.
Revocation could only be justified under section 3.4.7 of the regulation on the basis that the event
“presents a danger to public safety” or “cannot reasonably be accommodated in the particular area
applied for[.]” 2 While the City relies upon a forecast that “many thousands” will attend the event,
it has not disclosed the sources of the information it is relying on for that estimate and whether
such sources have any factual basis. When First Amendment rights are at stake, the City should
be transparent about the evidence and information underlying its action so that citizens can be sure
that fears of overcrowding are not simply a pretext for censorship and meet the requirement for
proof that a compelling government interest underlies its decision. 3 Moreover, demonstration
organizers should be allowed to know the basis for the City’s crowd projections so that they can
defend the rights granted by the permit by challenging and rebutting the City’s unilateral
conclusion that the event poses a danger to public safety.

The City’s justification for revocation appears more specious in light of the City’s approval of
permits for opposing demonstrations on August 12 in Justice and McGuffey Parks which will
reportedly expect attendance of greater than 1000 persons. Furthermore, “Unite the Right”
organizers reportedly offered to allow City officials to limit access to Emancipation Park during
their event to prevent overcrowding. Thus, fears of overcrowding that would lead to public safety
concerns appear to be a pretext for silencing the “Unite the Right” demonstration.

4. If the City is justifying its relocation of the rally elsewhere based on the presence of
counterdemonstrators, that constitutes an unconstitutional “hecklers’ veto”

To the extent the City is relying on the presence of counterdemonstrators for its revocation of the
Emancipation Park permit, it is violating the fundamental principle that the rights of speech and
assembly may not be restricted because demonstrators may be met by opposition. There is no
place for a “hecklers’ veto” under the First Amendment. 4 Any decision that the demonstration
under the permit poses a threat to public safety should be based solely on the plans and actions of
the “Unite the Right” organizers, not of those who plan to be present in opposition. Otherwise,

1
That section provides “[a]ll requests for demonstration permits shall be DEEMED GRANTED, subject to all
applicable limitations and restrictions, unless denied within ten business days following the application for a permit[.]”
City of Charlottesville Standard Operating Procedure Policy No. 100-04.
2
Id.
3
National Socialist White People’s Party v. Ringers, 473 F.2d 1010, 1014 n.4 (4th Cir. 1973). See also, Christian
Knights of KKK v. District of Columbia, 972 F.2d 365 (D.C. Cir 1992).
4
Christian Knights of Ku Klux Klan Invisible Empire, Inc. v. Stuart, 934 F.2d 318 (4th Cir. 1991).
Mike Signer, Mayor, et al.
August 8, 2017
Page 3

hecklers and counterdemonstrators could always shut down speech they disagree with by
manufacturing threats to public safety.

5. The City must act in accordance with the law, no matter how distasteful that may be to members
of the community

The City must act in accordance with the law, even if doing so is distasteful to members of the
community who disagree with the views espoused by the “Unite the Right” organizers. At the
very least, the City must explain in more than just generalities its reasons for concluding that the
demonstration cannot safely be held in Emancipation Park. It must allow the organizers the
opportunity to dispel fears or concerns about the rally. Otherwise, it appears that the City’s
revocation of the permit is based only upon public opposition to the message of the demonstration,
which would constitute a violation of the organizers’ fundamental First Amendment rights.

As organizations committed to protecting constitutional and civil rights, we demand that the City
withdraw its letter to Jason Kessler of August 7, 2017, revoking and otherwise rescinding the
permit for a demonstration in Emancipation Park on August 12, 2017, and provide assurances that
the City will allow the “Unite the Right” demonstration as previously planned and approved by
operation of law. We will need a response to this letter by noon (12:00 p.m.) August 9, 2017.

Sincerely,

Claire Guthrie Gastanaga, Executive Director John W. Whitehead, President


ACLU Foundation of Virginia The Rutherford Institute
claire@acluva.org johnw@rutherford.org
From: Jones, Maurice
Sent: Thursday, August 10, 2017 2:43 PM
To: Thomas, Al; Mitchell, Victor; Lewis, Wendy; Shifflett, David
Subject: FW: "Unite the Right" rally details and resources for safety this weekend (IX Tenants)

FYI

Maurice Jones

City Manager

City of Charlottesville
(434) 970-3101
www.charlottesville.org

From: Susan Krischel [mailto:skrischel@hampshireinvest.com]


Sent: Thursday, August 10, 2017 2:18 PM
To: Jones, Maurice; Bentley, Terry
Subject: Fwd: "Unite the Right" rally details and resources for safety this weekend (IX Tenants)

Per our conversation a few minutes ago, this is some of the information we received from Brazos
Tacos.

---------- Forwarded message ----------


From: Erin Hill <erinhill@hampshireinvest.com>
Date: Thu, Aug 10, 2017 at 2:11 PM
Subject: Fwd: "Unite the Right" rally details and resources for safety this weekend (IX Tenants)
To: Susan Krischel <skrischel@hampshireinvest.com>

---------- Forwarded message ----------


From: Peter Griesar <peter@brazostacos.com>
Date: Thu, Aug 10, 2017 at 1:44 PM
Subject: Re: "Unite the Right" rally details and resources for safety this weekend (IX Tenants)
To: Erin Hill <erinhill@hampshireinvest.com>
Cc: Susan Krischel <skrischel@hampshireinvest.com>

Hi Erin,

I am away getting married so will not be reachable pretty soon, so I wanted to let you know our
plans.

We announced our pre-emptive closing all day Saturday last Friday and immediately drew the ire
of the Nazis. They are planning to target Brazos tomorrow.

Because of that we plan to close on Friday after lunch now.


We will not announce it until it happens to protect it as a security measure.

I have notified the CPD that we are targets and they said they'd give Brazos and IX some extra
attention Friday evening.

Below is some background on what's happening to us.

Best,
Peter

twitter.com/occdissent/status/894800382672719872

twitter.com/don_chump/status/894925313850966020

restoringthehonor.blogspot.com/2017/08/alt-right-threatens-to-integrate-brazos.html

On Aug 10, 2017, 12:14 PM -0400, Erin Hill <erinhill@hampshireinvest.com>, wrote:


Greetings all,

Attached is a letter to talk through some of the details regarding the "Unite the Right" rally planned for August 12th in our
city. There is a lot of information in the attachment, but I wanted to share as much information as possible so that each
business and individual can make the best decision for themselves.

Best,
Erin

--
Erin Hill
(434) 249-9061
Property Manager
Hampshire Investments, Ltd.
P.O. Box 359
Keene, VA 22946
erinhill@hampshireinvest.com

--
Erin Hill
(434) 249-9061
Property Manager
Hampshire Investments, Ltd.
P.O. Box 359
Keene, VA 22946
erinhill@hampshireinvest.com
--
Susan Krischel, Esq.
(434) 249-3274
Hampshire Investments Ltd
P.O. Box 359
Keene, VA 22946
skrischel@hampshireinvest.com
From: Jones, Maurice
Sent: Tuesday, August 8, 2017 3:35 PM
To: Council
CC: Dickler, Miriam
Subject: FW: UVA News: University Provides Details on Day of ³Reflective Conversation²

Importance: High

FYI

Miriam will be finalizing information concerning this Saturday tonight. It will include info on other
events in the area like this.

All the Best,


Maurice

Maurice Jones
City Manager
City of Charlottesville
(434) 970-3101
www.charlottesville.org

From: de Bruyn, Anthony Paul (apd5b) [mailto:apd5b@eservices.virginia.edu]


Sent: Tuesday, August 08, 2017 3:31 PM
To: Jones, Maurice; Dickler, Miriam
Subject: UVA News: University Provides Details on Day of ³Reflective Conversation²
Importance: High

Dear Maurice and Miriam-

The University just announced the academic programming and schedule of events for this
Saturday. Please see http://www.news.virginia.edu/content/university-provides-details-day-
reflective-conversation

You may wish to share this information with other city leadership.

Thank you.

Kind regards,

Anthony

Anthony P. de Bruyn
University Spokesperson
Office of University Communications
E adebruyn@virginia.edu
P 434.924.1400
F 434.924.0938

University of Virginia
400 Ray C. Hunt Drive
P.O. Box 400229
Charlottesville, VA 22904-4229
From: Ehman, Doug
Sent: Saturday, August 12, 2017 5:13 AM
To: Jones, Maurice; Murphy, Mike; Daly, Brian; Thomas, Al; Lewis, Wendy; Shifflett, David;
Mitchell, Victor; Durrette, Tito; Brown, Craig
Subject: FW: Water & Power at Lee

Importance: High

Fyi

From: Nolan, Ron


Sent: Saturday, August 12, 2017 5:02:51 AM
To: Ehman, Doug
Subject: RE: Water & Power at Lee

The water and power is officially on and Dennie showed Officer Jager #59 how to reset the
power.

From: Ehman, Doug


Sent: Friday, August 11, 2017 8:56:40 PM
To: Nolan, Ron; Dooms, Clifton
Cc: Lewis, Wendy; Durrette, Tito
Subject: RE: Water & Power at Lee

Thanks...

From: Nolan, Ron


Sent: Friday, August 11, 2017 8:53:58 PM
To: Ehman, Doug; Dooms, Clifton
Cc: Lewis, Wendy; Durrette, Tito
Subject: RE: Water & Power at Lee

Staff will take care of this at 5AM.

From: Ehman, Doug


Sent: Friday, August 11, 2017 8:44:24 PM
To: Nolan, Ron; Dooms, Clifton
Cc: Lewis, Wendy; Durrette, Tito
Subject: Water & Power at Lee

So the city lost the case in Federal Court. We need the power turned on and the water spigot
unlocked in Emancipation Park first thing in the morning. Mike and Dennie need to do this first
thing Saturday. They need to call me when both actions are done. I don't care what time it is
and in no case is it later than 7:00 am. We are under Federal court order.

Please acknowledge receipt of this e-mail.


Thanks,

Doug
From: Kristin Szakos
Sent: Thursday, August 3, 2017 12:54 PM
To: Jones, Maurice
CC: Council
Subject: Fwd: 2017 FREEDOM FUND BANQUET INFORMATION
Attachments: 2017 patron letter on NAACP Letterhead revised.docx; newest NAACP FFB
2017 flyer.doc

Maurice, et al. - I hope the city can take out an ad in the NAACP program book.

On a related note, I would also request an ad in the program book for the upcoming Charter
Ceremony for the new Charlottesville area chapter of 100 Black Women. I can forward details
for this.

Thanks!

- Kristin

Kristin Szakos
Charlottesville City Councilor
1132 Otter St, Charlottesville, VA 22901
434-984-4022
434-987-1042
k.szakos@embarqmail.com

Begin forwarded message:

From: lynn boyd <lboyd3@hotmail.com>


Subject: 2017 FREEDOM FUND BANQUET INFORMATION
Date: August 3, 2017 at 10:55:33 AM EDT
To: lynn boyd <lboyd3@hotmail.com>, Kathy Mallory-Chavers
<katcorn50@gmail.com>, Janice Carey <rejoicenthelordjc@gmail.com>

MEMBERS,
IF YOUR BUSINESS ORGANIZATION OR CLUB WOULD BE WILLING TO TAKE OUT
AN AD IN OUR SOUVENIER BOOKLET, DONATE OR SOLICIT ITEMS FOR OUR
SILENT AUCTION, PLEASE CONTACT LYNN M. BOYD AT lboyd3@hotmail.com
Your support would be appreciated!
Albemarle-Charlottesville Branch NAACP
P.O. Box 1522
Charlottesville, Virginia 22902
(434) 220-1493

August, 2017
2017-2019
Dear Friends,
OFFICERS
& On Friday, September 29, 2017 the Albemarle-Charlottesville Branch of the
EXECUTIVE COMMITTEE
NAACP will host its annual Freedom Fund Banquet at the Doubletree Hotel, located at
990 Hilton Heights Road off 29-N in Charlottesville. The evening will begin
PRESIDENT
at 5:45 p.m. with a silent auction and cash bar in the lobby of the hotel.
Dinner will be served at 7:30 p.m. Our featured speaker for the evening will be
JANETTE B. MARTIN
King Salim Khalfani, President of Commonwealth Consultation, LLC, and former Executive
Director for the NAACP Virginia State Conference.
SECRETARY Other highlights of the evening include the introduction of the fifth recipient of the Virginia
LYNN BOYD Banks Carrington Humanitarian Award, recognition of the 2017 Federal Executive
Institute/NAACP Scholarship recipient and the announcement of the Silent Auction results.
TREASURER
JANICE SPELLMAN
The Freedom Fund Banquet is the major fund raising event for all branches
LEGAL REDRESS of the NAACP. Your contributions and donations allow us to offer valuable
JAMES HINGELEY workshops, scholarships and activities for our youth and adult membership as
L. D. PERRY well as for the larger community that we serve. Your contributions and donations
also make it possible for our branch to have representation at state, regional,
JANETTE MARTIN
and national conferences where members receive important information and
M. RICK TURNER
training that promote civil rights and justice for all!
EDUCATION Individual tickets may be purchased for a donation of $75. A table for eight may
ELLA JORDAN be purchased for a donation of $575. We would also appreciate your donation of items for
our silent auction. In addition, contributions will be accepted at the following levels:
PRESS & PUBLICITY
KATHY MALLORY-CHAVERS  BRONZE ..........$60
 SILVER ............$80
UVA CHAPTER PRESIDENT  GOLD ...............$100
 PLATINUM .......$100 AND ABOVE
Contributors and sponsors will be recognized in the souvenir program booklet.
Please make checks payable to: Albemarle-Charlottesville NAACP.
Please be sure to forward contributions by Friday, August 26, 2017 to:
ALBEMARLE-CHARLOTTESVILLE NAACP
P.O. Box 1522
Charlottesville, Virginia 22902

For further information, please call any member of the Freedom Fund Banquet Committee:
Lynn Boyd – 434-975-0661,
Kathy Mallory-Chavers – 434-607-7913
Janice Spellman – 434-465-4680
We appreciate your patronage and support!

Sincerely,

Freedom Fund Committee


The Albemarle- Charlottesville Branch

NAACP
presents its annual

FREEDOM FUND BANQUET

"STEADFAST AND IMMOVABLE"


FRIDAY SEPTEMBER 29, 2017
CHARLOTTESVILLE DOUBLETREE HOTEL

Cash Bar & Silent Auction


Dinner – 7:30 PM

Guest Speaker
KING SALIM KHALFANI
Americans Resisting Minority & Ethnic Discrimination Founding Director
Former Executive Director for the NAACP Virginia State Conference

TICKETS $75
Contributions or gifts to this unit are generally not deductible as charitable contributions for federal income tax purposes.

Make checks payable to: Albemarle-Charlottesville NAACP


Send to: Albemarle-Charlottesville NAACP P.O. Box 1522 Charlottesville, VA 22902
For further information & tickets, contact
Lynn M. Boyd (434 975-0661)
Kathy Mallory-Chavers (434-607-7913)
Janice Spellman (434-465-4680)
Albemarle-Charlottesville Branch NAACP
P.O. Box 1522
Charlottesville, Virginia 22902
(434) 220-1493

August, 2017
2017-2019
Dear Friends,
OFFICERS
& On Friday, September 29, 2017 the Albemarle-Charlottesville Branch of the
EXECUTIVE COMMITTEE
NAACP will host its annual Freedom Fund Banquet at the Doubletree Hotel, located at
990 Hilton Heights Road off 29-N in Charlottesville. The evening will begin
PRESIDENT
at 5:45 p.m. with a silent auction and cash bar in the lobby of the hotel.
Dinner will be served at 7:30 p.m. Our featured speaker for the evening will be
JANETTE B. MARTIN
King Salim Khalfani, President of Commonwealth Consultation, LLC, and former Executive
Director for the NAACP Virginia State Conference.
SECRETARY Other highlights of the evening include the introduction of the fifth recipient of the Virginia
LYNN BOYD Banks Carrington Humanitarian Award, recognition of the 2017 Federal Executive
Institute/NAACP Scholarship recipient and the announcement of the Silent Auction results.
TREASURER
JANICE SPELLMAN
The Freedom Fund Banquet is the major fund raising event for all branches
LEGAL REDRESS of the NAACP. Your contributions and donations allow us to offer valuable
JAMES HINGELEY workshops, scholarships and activities for our youth and adult membership as
L. D. PERRY well as for the larger community that we serve. Your contributions and donations
also make it possible for our branch to have representation at state, regional,
JANETTE MARTIN
and national conferences where members receive important information and
M. RICK TURNER
training that promote civil rights and justice for all!
EDUCATION Individual tickets may be purchased for a donation of $75. A table for eight may
ELLA JORDAN be purchased for a donation of $575. We would also appreciate your donation of items for
our silent auction. In addition, contributions will be accepted at the following levels:
PRESS & PUBLICITY
KATHY MALLORY-CHAVERS  BRONZE ..........$60
 SILVER ............$80
UVA CHAPTER PRESIDENT  GOLD ...............$100
 PLATINUM .......$100 AND ABOVE
Contributors and sponsors will be recognized in the souvenir program booklet.
Please make checks payable to: Albemarle-Charlottesville NAACP.
Please be sure to forward contributions by Friday, August 26, 2017 to:
ALBEMARLE-CHARLOTTESVILLE NAACP
P.O. Box 1522
Charlottesville, Virginia 22902

For further information, please call any member of the Freedom Fund Banquet Committee:
Lynn Boyd – 434-975-0661,
Kathy Mallory-Chavers – 434-607-7913
Janice Spellman – 434-465-4680
We appreciate your patronage and support!

Sincerely,

Freedom Fund Committee


The Albemarle- Charlottesville Branch

NAACP
presents its annual

FREEDOM FUND BANQUET

"STEADFAST AND IMMOVABLE"


FRIDAY SEPTEMBER 29, 2017
CHARLOTTESVILLE DOUBLETREE HOTEL

Cash Bar & Silent Auction


Dinner – 7:30 PM

Guest Speaker
KING SALIM KHALFANI
Americans Resisting Minority & Ethnic Discrimination Founding Director
Former Executive Director for the NAACP Virginia State Conference

TICKETS $75
Contributions or gifts to this unit are generally not deductible as charitable contributions for federal income tax purposes.

Make checks payable to: Albemarle-Charlottesville NAACP


Send to: Albemarle-Charlottesville NAACP P.O. Box 1522 Charlottesville, VA 22902
For further information & tickets, contact
Lynn M. Boyd (434 975-0661)
Kathy Mallory-Chavers (434-607-7913)
Janice Spellman (434-465-4680)
From: Kristin Szakos
Sent: Thursday, August 10, 2017 4:04 PM
To: Murphy, Mike; Signer, Mike; Lee, Hollie; Jones, Maurice
Subject: Fwd: 2017 Mayors Challenge: The Time is Now

Possible $5 million grant to “solve one of your community’s critical problems”. Interested? -
Kristin

Kristin Szakos
Charlottesville City Councilor
1132 Otter St, Charlottesville, VA 22901
434-984-4022
434-987-1042
k.szakos@embarqmail.com

Begin forwarded message:

From: Libba Williams <libba.williams@gmail.com>


Subject: 2017 Mayors Challenge: The Time is Now
Date: August 9, 2017 at 10:47:49 PM EDT
To: Kristin Szakos <k.szakos@embarqmail.com>

Kristin,
My niece, Katie Appel Duda, works for Bloomberg and asked me if
Charlottesville would like to apply for this.
Can you please forward to the appropriate person(s)? The application is due this
month.
http://mayorschallenge.bloomberg.org/
Let me know if you need to get in touch with her.
Thanks, Libba
From: Thomas, Al
Sent: Monday, August 7, 2017 1:28 PM
To: Jones, Maurice
Subject: Fwd: 3:30 Press Conference

I am not prepared for this press conference. Do you have a few mins to discuss?

Al

Sent from CP1 iPhone

Begin forwarded message:

From: "Dickler, Miriam" <dickler@charlottesville.org>


Date: August 7, 2017 at 1:18:55 PM EDT
To: "Jones, Maurice" <MJONES@CHARLOTTESVILLE.ORG>, "Thomas, Al"
<thomasa@charlottesville.org>, "Murphy, Mike" <murphym@charlottesville.org>,
"Brown, Craig" <Brownc@charlottesville.org>, "Rice, Paige" <ricep@charlottesville.org>
Subject: 3:30 Press Conference

We are planning for a 3:30 press conference in chambers. I just sent word to the media.

Thanks!
Miriam

*****************************************
Miriam I. Dickler
Director of Communications
City of Charlottesville, Virginia

cell: 434.260.2433
work: 434.970.3129
dickler@charlottesville.org

Visit us online at www.charlottesville.org


From: Galvin, Kathy
Sent: Tuesday, August 8, 2017 1:51 PM
To: Jones, Maurice; Dickler, Miriam
CC: Council; Murphy, Mike; Thomas, Al; Brown, Craig
Subject: Fwd: A Local Action; A National Moment

Hello Maurice and Miriam,

Is there something we councilors could send out to our constituents under the city
government/city council banner that would explain what is happening leading up to August 12
and on August 12? It would project a unified organization and voice. I have forwarded this
email message from delegate Toscano as an illustration.

Many thanks.
Kathy
Kathleen M. Galvin, Architect AIA
Charlottesville City Councilor
A Local Action;
A National Moment

This Saturday, members of the so-called “Alt Right” will descend on


Charlottesville to bring attention to their vision of white nationalism,
racism, anti-Semitism, xenophobia, and supposed cultural superiority.
Though there has been inflammatory rhetoric on social media, few
know exactly how many will actually appear or how they plan to
behave. But one thing is clear—the nation will be watching us,
and our responsibility to speak truth and love to their
messages of hate and division is stronger than ever before.
That means so many things. It means nonviolence if confronted with
violence or efforts to incite violence. It means respect for police who
are just trying to do their jobs and protect citizens exercising their
rights. It means unity in the face of division. It means confronting, in
a pastoral way, those whose views differ from ours and who would
impose their values and worldview on us. And it means joining and
supporting our friends and neighbors in a disciplined, respectful,
nonviolent response.

Controlling the Narrative


These far-right groups would like nothing more than for us to show
disunity, disrespect, and violence; it feeds their narrative that the
United States has lost its way, that they are the victims, and we need
to return to old and outmoded ways of doing things. Our power lies
in our ability to control our own actions as we engage in large
numbers. For those who plan to attend the rally, it is important to
obtain training on how to conduct ourselves. This is serious business,
and we should prepare so that we will be ready, just like the
nonviolent warriors of decades past, to control the situation and the
narrative for the benefit not just of the city we love, but the principles
we embrace—love, diversity, respect.

I urge citizens to engage in the events leading up to August 12


(see list below), and to make a commitment to expand your
involvement after that day. For those who are uncomfortable
participating in rallies on the 12th, remember that you can canvass
for the fall election, and make a powerful statement in that way as
well. Whatever the form of your engagement on August 12th and
beyond, we have a chance to show the nation and world what we are
all about in this great city of Charlottesville.

PREPARATION FOR AUGUST 12


Monday, August 7 through Saturday, August 12:
The Charlottesville Clergy Collective will hold “walk the perimeter”
prayer sessions at 6 am and noon each day at Emancipation Park.

Tuesday, August 8:
— 7:00 pm “Know The Process: Arrest/Court 101 - Charlottesville
Procedures” presentation, hosted by Showing Up for Racial Justice.
www.facebook.com/events/134568223805726

‽ 4 7:00 pm Prayer service at University Baptist Church, 1223 West


Main Street, Charlottesville.

Wednesday, August 9:



— 7:00 pm Prayer service at Thomas Jefferson Memorial Church-
Unitarian Universalist, 717 Rugby Road, Charlottesville.

Thursday, August 10:


— 6:30-8:30 pm “Non-Violent Direct Action Training” organized by
Showing Up for Racial Justice.
www.facebook.com/events/1794321673919104/
= 2 7:00 pm Prayer service at Westminster Presbyterian Church.

— 7:30 pm “The History of Race and Ethnicity in Charlottesville”


presentation and discussion led by Charlottesville’s Office of Human
Rights director Charlene Green, at Congregation Beth Israel, 301 East
Jefferson Street.

Friday, August 11:


— 7:00 pm Congregate Charlottesville mass meeting. Guest
speakers expected include Dr. Cornel West and Rev. Traci Blackmon.
At St. Paul’s Memorial Church, 1700 University Avenue.

ACTION FOR DAY OF SATURDAY AUGUST 12:

— 6:00 am “Love Over Fear” sunrise service at First Baptist Church,


632 West Main Street.

— 8:00 am Charlottesville Clergy Collective gathers at Jefferson


School City Center to march to McGuffey Park and First United
Methodist Church.

— 9:00 am to 7:00 pm "People's Action for Racial Justice" at


McGuffey Park and Justice Park, sponsored by Together Cville and the
Charlottesville Center for Peace and Justice. These will be spaces for
teach-ins, gatherings, speeches, and respite for those who may go to
counter-actions against the “Unite the Right” rally.
www.facebook.com/events/1527709727296643

— 11:00 am to 2:00 pm Albemarle-Charlottesville NAACP direct


advocacy training event, Burley Middle School, 901 Rose Hill Drive.

— 11:00 am to 7:00 pm = “Art in Action” performances in opposition


to hatred (local artists) at Champion Brewing, 324 6th Street SE.
Hosted by Black Lives Matter-
Charlottesville. www.facebook.com/events/159711177924136/

‽ 4 11:30 am to 5:30 pm First United Methodist Church will hold


prayer activities.

[The “Unite the Right” rally group has a permit to be in McIntire Park
(moved from Emancipation Park) from 12 noon to 5 pm.]

— 12 noon to 1:00 pm Prayer service at Unity of Charlottesville,


2825 Hydraulic Road.

— 12 noon to 5:00 pm Charlottesville Clergy Collective and


Charlottesville Peace Initiative co-host alternative peace-building
activities at Common Ground Healing Arts, Jefferson School City
Center.

— 3:00 pm to 9:00 pm Back to School Block Party at Tonsler Park.


Copyright Delegate David Toscano All rights reserved.

DavidToscano.com

Forward To A Friend

Paid for and authorized by Toscano for Delegate


Toscano for Delegate
211 East High Street
Charlottesville VA 22902 United States

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From: Thomas, Al
Sent: Thursday, August 10, 2017 8:20 PM
To: Mitchell, Victor; Lewis, Wendy; Shifflett, David
Subject: Fwd: ACLU lawsuit
Attachments: image001.png; image002.png; image003.png; image004.png; image005.png

Sent from CP1 iPhone

Begin forwarded message:

From: "Suarez, Christopher M." <csuarez@dailyprogress.com>


Date: August 10, 2017 at 7:51:02 PM EDT
To: "'Brown, Craig'" <Brownc@charlottesville.org>
Cc: "'Gore, Michael'" <Gorem@charlottesville.org>, "'Robertson, Lisa'"
<robertsonl@charlottesville.org>, "Jones, Maurice"
<MJONES@CHARLOTTESVILLE.ORG>, "Thomas, Al" <thomasa@charlottesville.org>
Subject: ACLU lawsuit

Craig,

We got a hold of this ACLU lawsuit at the end of business today .. I’m working late. I
figured I’d at least try to reach out to see if you could provide a statement.

There are claims in the lawsuit that the city went back and forth with Kessler on
whether it would provide security at Emancipation Park. Not sure whether you, Maurice
or Chief Thomas could refute or attest to that.

Staff Writer
Christopher Suarez
685 West Rio Road
Charlottesville, VA 22901
direct 434 978 7274 | mobile 571 722 3640
csuarez@dailyprogress.com | www.dailyprogress.com
From: Thomas, Al
Sent: Thursday, August 10, 2017 1:25 PM
To: Jones, Maurice
Subject: Fwd: Albemarle County Police Department Support

FYI

Sent from CP1 iPhone

Begin forwarded message:

From: Sean Reeves <reevess@albemarle.org>


Date: August 10, 2017 at 11:01:06 AM EDT
To: "Thomas, Al" <thomasa@charlottesville.org>
Cc: Ron Lantz <lantzr@albemarle.org>, KC Carr <carrk@albemarle.org>, "Miller
Stoddard" <stoddardm@albemarle.org>, "Mitchell, Victor"
<mitchell@charlottesville.org>, "Lewis, Wendy" <lewis@charlottesville.org>
Subject: RE: Albemarle County Police Department Support

Chief Thomas,

In response to your e-mail, please include the following language from my initial
correspondence in the MOU:

 ACPD will provide 12 uniformed patrol officers who will be responsible


for responding to Priority 1 and Priority 2 calls for service (CFS) in the
City of Charlottesville.

 The 12 uniformed ACPD officers are responsible for answering CFS not
related to the protest/rally from 1100 hours to 1900 hours.

 These 12 uniformed ACPD officers may be required to respond to CFS


past 1900 hours, at the request of CPD.

 The 12 uniformed ACPD officers will not respond to CFS at McIntire,


Justice, Emancipation, and McGuffey Parks, as well as the area of the
Downtown Mall and Pavilion.

 ACPD will have the ACPD SWAT Team and ACPD Mobile Field Force
staged at the County Office Building on McIntire Road (COB McIntire)
in the event they are needed to assist CPD with the planned rallies,
protests and counter-protests. These assets will deploy at the request of
CPD.
 COB McIntire will be secured by ACPD personnel during the event, and
the parking lots at this location will be made available to all first
responders during the event dates.

Thank you and we appreciate our continued professional partnership through


these challenging times.

Captain Sean Reeves


Albemarle County Police Department

From: Thomas, Al [mailto:thomasa@charlottesville.org]


Sent: Thursday, August 10, 2017 10:02 AM
To: Sean Reeves <reevess@albemarle.org>
Cc: Ron Lantz <lantzr@albemarle.org>; KC Carr <carrk@albemarle.org>; Miller Stoddard
<stoddardm@albemarle.org>; Mitchell, Victor <mitchell@charlottesville.org>; Lewis,
Wendy <lewis@charlottesville.org>
Subject: RE: Albemarle County Police Department Support

Lieutenant Reeves,

Thank you for clarifying the role of the 12 ACPD Officers who will assist with calls for
service in the City on August 12th from 1100-1900hrs. You have made it very clear that
ACPD Officers will not assist CPD with any activities related to the Alt Right
Rally. Furthermore, I realize your officers will not respond to Emancipation Park, Justice
Park, and McGuffey Park to assist with calls for service.

I will reach out to the City Manager today to formalize the MOU; I can add the
aforementioned language in the memorandum if needed.

Thanks again for your assistance and commitment to our professional partnership.

All the best,

Al S. Thomas
Chief of Police
Charlottesville Police Department
(434) 970-3289

From: Mitchell, Victor


Sent: Wednesday, August 9, 2017 5:06 PM
To: Thomas, Al
Subject: Fwd: Albemarle County Police Department Support

From: Sean Reeves < >


Date: August 9, 2017 at 4:10:01 PM EDT
To: "mitchell@charlottesville.org" <mitchell@charlottesville.org>
Cc: Ron Lantz < >, KC Carr < >, "Miller Stoddard" < >
Subject: Albemarle County Police Department Support

Captain Mitchell,
As we are approaching the planned rallies, protests and counter-
protests scheduled for August 11-13, 2017, I wanted to take a
moment in advance to make sure that the Charlottesville Police
Department (CPD) is provided documentation reflecting the
support that the Albemarle County Police Department (ACPD) is
offering to CPD during the aforementioned dates. I specifically
would like to clarify the role of the 12 uniformed ACPD police
officers who will be responding to Priority 1 and Priority 2 calls
for service (CFS) in the City of Charlottesville. Per the August 4,
2017 agreement between Chief Ron Lantz, ACPD, and Chief Al
Thomas, CPD, these 12 ACPD officers are responsible for
answering CFS not related to the protest/rally from 1100 hours to
1900 hours. This includes not responding to CFS at McIntire,
Justice, Emancipation, and McGuffey Parks, as well as the area of
the Downtown Mall and Pavilion. Our officers have been
instructed that they may need to be held over to continue to assist
with CFS in the City, if requested.
ACPD will have the ACPD SWAT Team and ACPD Mobile Field
Force staged at the County Office Building on McIntire Road
(COB McIntire) in the event they are needed to assist CPD, or
respond to incidents in the County. COB McIntire will be secured
on the morning of the August 11, 2017 (potentially sooner) and the
parking lots will be made available to all first responders during
the event dates. COB McIntire has been identified by ACPD as a
rally/deployment area in the need that CPD requests more assets
from ACPD. In addition, this area will be used by Fire & Rescue
personnel for staging, patient care and triage. The Emergency
Communications Center (ECC) and the University of Virginia
Police Department’s (UPD) Captain McGee have been briefed on
the role of ACPD during this event. ACPD Lieutenant Miller
Stoddard will be sending you a copy of the ACPD Operational
Order in the near future. Thank you and please feel free to contact
me if you have any questions.
From: Kristin Szakos
Sent: Saturday, August 12, 2017 10:52 PM
To: Thomas, Al
Subject: Fwd: And this from Iowa

Kristin Szakos
Charlottesville City Councilor
1132 Otter St, Charlottesville, VA 22901
434-984-4022
434-987-1042
k.szakos@embarqmail.com

Begin forwarded message:

From: Kristin Szakos <k.szakos@embarqmail.com>


Subject: And this from Iowa
Date: August 12, 2017 at 9:51:54 PM EDT
To: council@charlottesville.org

Solidarity with Charlottesville rally in Cedar Rapids tomorrow. Share this if you
want. https://www.facebook.com/events/1119364828196523/?acontext=%7B%2
2ref%22%3A%223%22%2C%22ref_newsfeed_story_type%22%3A%22regular%
22%2C%22feed_story_type%22%3A%2217%22%2C%22action_history%22%3
A%22null%22%7D

Kristin Szakos
Charlottesville City Councilor
434-987-1042

Sent from my iPhone


From: Thomas, Al
Sent: Tuesday, August 8, 2017 4:23 PM
To: Lewis, Wendy; Mitchell, Victor; Shifflett, David
Subject: Fwd: and this, of course.

Please save this as well.

Sent from CP1 iPhone

Begin forwarded message:

From: Kristin Szakos <k.szakos@embarqmail.com>


Date: August 8, 2017 at 8:54:29 AM EDT
To: Maurice Jones <MJONES@CHARLOTTESVILLE.ORG>, Al Thomas
<thomasa@charlottesville.org>
Cc: "Brown, Craig" <Brownc@charlottesville.org>
Subject: and this, of course.

https://www.pscp.tv/w/1OyKArnPXRaGb

Kristin Szakos
Charlottesville City Councilor
1132 Otter St, Charlottesville, VA 22901
434-984-4022
434-987-1042
k.szakos@embarqmail.com
From: Thomas, Al
Sent: Wednesday, August 2, 2017 8:21 AM
To: Mitchell, Victor; Lewis, Wendy; Shifflett, David
Subject: Fwd: Aug. 12 Event - Insurance
Attachments: Lee Park Insurance Policy.pdf; ATT00001.htm; Certificate of Insurance.pdf; ATT00002.htm;
Priority Mail Envelope.pdf; ATT00003.htm; Notification Letter.pdf; ATT00004.htm

Sent from CP1 iPhone

Begin forwarded message:

From: "Daly, Brian" <DALYB@charlottesville.org>


Date: August 1, 2017 at 1:24:12 PM EDT
To: "Dickler, Miriam" <dickler@charlottesville.org>, "Murphy, Mike"
<murphym@charlottesville.org>, "Jones, Maurice" <MJONES@CHARLOTTESVILLE.ORG>,
"Thomas, Al" <thomasa@charlottesville.org>, "Ehman, Doug"
<ehmand@charlottesville.org>
Cc: "Christian, Michelle" <CHRISTIANM@charlottesville.org>
Subject: Aug. 12 Event - Insurance

All-

FYI:

This morning, a letter was delivered to the Parks office at Pen Park and addressed to
Doug Ehman. The letter was sent from an address in Utah with the sender listed at
Citadel Insurance.

The enclosed letter has a Markel logo on the header and the Evanston Insurance
Company on the footer. The letter notes the accurate insurance policy number and
other information and indicates that the insurance policy is no longer in effect.

I’ve attached all of the documents as well as the certificate of insurance.

-Brian
State Specific Wording
Alabama
“This contract is registered and delivered as a surplus line coverage under the Alabama
Surplus Line Insurance Law.”

Alaska
“This is evidence of insurance procured and developed under the Alaska Surplus Lines Law,
AS 21.34. It is not covered by the Alaska Insurance Guaranty Association Act, AS 21.80.”

Arizona
Pursuant to Arizona Revised Statutes Section 20-401.1, Sub-Section B, Paragraph 1, this
policy is issued by an insurer that does not possess a certificate of authority from the
Director of the Arizona Department of Insurance. If the insurer that issued this policy
becomes insolvent, insureds or claimants will not be eligible for insurance guaranty fund
protection pursuant to Arizona Revised Statutes Title 20.

Arkansas
This contract is registered and delivered as a surplus line coverage under the Surplus Lines
Insurance Law, and it may in some respects be different from contracts issued by insurers
in the admitted markets, and, accordingly, it may, depending upon the circumstances, be
more or less favorable to an insured than a contract from an admitted carrier might be. The
protection of the Arkansas Property and Casualty Guaranty Act does not apply to this
contract. A tax of four percent (4%) is required to be collected from the insured on all
surplus lines premiums.

California

1. THE INSURANCE POLICY THAT YOU ARE APPLYING TO PURCHASE IS


BEING ISSUED BY AN INSURER THAT IS NOT LICENSED BY THE STATE OF
CALIFORNIA. THESE COMPANIES ARE CALLED "NONADMITTED" OR "SURPLUS
LINE" INSURERS.

2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY


REGULATION AND ENFORCEMENT THAT APPLY TO CALIFORNIA LICENSED
INSURERS.

3. THE INSURER DOEE NOT PARTICIPATE IN ANY OF THE INSURANCE


GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE
FUNDS WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE
INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS
PROMISED.
4. THE INSURER SHOULD BE LICENSED EITHER AS A FOREIGN INSURER IN
ANOTHER STATE IN THE UNITED STATES OR AS A NON-UNITED STATES (ALIEN)
INSURER. YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE AGENT, BROKER,
OR "SURPLUS LINE" BROKER OR CONTACT THE CALIFORNIA DEPARTMENT OF
INSURANCE AT THE FOLLOWING TOLL-FREE TELEPHONE NUMBER: 1-800-927-
4357. ASK WHETHER OR NOT THE INSURER IS LICENSED AS A FOREIGN OR
NON-UNITED STATES (ALIEN) INSURER AND FOR ADDITIONAL INFORMATION
ABOUT THE INSURER. YOU MAY ALSO CONTACT THE NAIC'S INTERNET WEB
SITE AT WWW.NAIC.ORG.

5. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE lN THE UNITED


STATES AND YOU MAY CONTACT THAT STATE'S DEPARTMENT OF INSURANCE
TO OBTAIN MORE INFORMATION ABOUT THAT INSURER.

6. FOR NON-UNITED STATES (ALIEN) INSURERS, THE INSURER SHOULD BE


LICENSED BY A COUNTRY OUTSIDE OF THE UNITED STATES AND SHOULD
BE ON THE NAIC'S INTERNATIONAL INSURERS DEPARTMENT (IID)
LISTING OF APPROVED NONADMITTED NON -UNITED STATES INSUR ERS. ASK
YOUR AGENT, BROKER, OR "SURPLUS LINE" BROKER .TO OBTAIN MORE
INFORMATION ABOUT THAT INSU RER.

7. CALIFORNIA MAINTAINS A LIST OF APPROVED SURPLUS LINE INSURERS.


ASK YOUR AG ENT OR BROKER IF THE INSURER IS ON THAT LIST, OR VIEW
THAT LIST AT THE INTERNET WEB SITE OF THE CALIFORNIA DEPARTMENT OF
INSURANCE: WWW.INSURANCE. CA.GOV.

8. IF YOU, AS THE APP LICANT, REQUIRE D THAT THE INSURANCE POLICY


YOU HAVE PURCHASED BE BOUN D IMMEDIATELY, EITHER BECAUSE EXISTING
COVERAGE WAS GOING TO LAPSE WITHIN TWO BUSINESS DAYS OR BECAUSE
YOU WERE REQUIRED TO HAVE COVERAGE WITHIN TWO BUSINESS DAYS, AND
YOU DID NOT RECEIVE THIS DISCLOSU RE FORM AND A REQUEST FOR YOUR
SIGNATURE U NTIL AFTER COVERAGE BECAME EFFECTIVE, YOU HAVE THE
RIGHT TO CANCEL THIS POLICY WITHIN FIVE DAVS OF RECEIVING THIS
DISCLOSURE. IF YOU CANCEL COVERAGE, THE PREMIUM WILL BE PRORATED
AND ANY BROKER'S FEE CHARGE D FOR THIS INSURANCE WILL BE RETURNED
TO YOU.

Colorado
"This contract is delivered as surplus line insurance under the Non-admitted
Insurance Act. The insurer issuing this contract is not admitted in Colorado but is
an approved non-admitted insurer. There is no protection under the provisions of
the Colorado Insurance Guaranty Association Act. "

"This policy is a claims-made policy which provides liability coverage only if a claim
is made during the policy Period or any applicable extended reporting Period."

"This policy is issued by an insurance company that is not regulated by the Colorado
Division of Insurance. The insurance company may not provide claims service and
may not be subject to service of process in Colorado. If the insurance company
becomes insolvent, insured’s or claimants will not be eligible for protection under
Colorado insurance law."
Connecticut
NOTICE

THIS IS A SURPLUS LINES POLICY AND IS NOT PROTECTED BY THE CONNECTICUT


INSURANCE GUARANTY ASSOCIATION OR SUBJECT TO APPROVAL BY THE
CONNECTICUT INSURANCE DEPARTMENT. IT IS IMPORTANT THAT YOU READ AND
UNDERSTAND THIS POLICY.

Delaware
"This insurance contract is issued pursuant to the Delaware Insurance
Laws by an insurer neither licensed by nor under the jurisdiction of the
Delaware Insurance Department."

Florida

“THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW. PERSONS INSURED BY
SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE GUARANTY
ACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN INSOLVENT
UNLICENSED INSURER.”

“SURPLUS LINES INSURERS’ POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA
REGULATORY AGENCY.”

Anthony Eardley, License No. E192777

Producing Agent Name and Address:


Citadel Insurance Services
826 E. State Rd Suite 100
American Fork, UT 8400
Georgia
"This contract is registered and delivered as a surplus line coverage under the Surplus Line
Insurance Law, O.C.G.A. Chapter 33-5."

Hawaii
"This insurance contract is issued by an insurer which is not licensed by the State of
Hawaii and is not subject to its regulation or examination. If the insurer is found
insolvent, claims under this contract are not covered by any guaranty fund of the
State of Hawaii."

Idaho
THIS SURPLUS LINE CONTRACT IS ISSUED PURSUANT TO THE IDAHO INSURANCE
LAWS BY AN INSURER NOT LICENSED BY THE IDAHO DEPARTMENT OF
INSURANCE. THERE IS NO COVERAGE PROVIDED FOR SURPLUS LINE INSURANCE
BY EITHER THE IDAHO INSURANCE GUARANTY ASSOCIATION OR BY THE IDAHO
LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION.
Anthony Eardley #266711

Illinois

NOTICE TO POLICYHOLDER: This contract is issued


pursuant to Section 445 of the Illinois Insurance Code,
by a company not authorized and licensed to transact
business in Illinois and as such is not covered by the
Illinois Insurance Guaranty Fund.

Indiana Nothing is required on policy

Iowa
"This policy is issued, pursuant to Iowa Code section 515.120, by
a nonadmitted company in Iowa and as such is not covered by
the Iowa Insurance Guaranty Association."
Kansas
THIS POLICY IS ISSUED BY AN INSURER NOT AUTHORIZED TO DO BUSINESS IN KANSAS AND, AS SUCH,
THE FORM, FINANCIAL CONDITION AND RATES ARE NOT SUBJECT TO REVIEW BY THE COMMISSIONER
OF INSURANCE AND THE INSURED IS NOT PROTECTED BY ANY GUARANTY FUND.

Kentucky
"This insurance has been placed with an insurer not licensed to transact
business in the Commonwealth of Kentucky but eligible as a surplus lines
insurer. The insurer is not a member of the Kentucky Insurance Guaranty
Association. Should the insurer become insolvent, the protection and
benefits of the Kentucky Insurance Guaranty Association are not available."

Louisiana
NOTICE
This insurance policy is delivered as a
surplus line coverage under the
Insurance Code of the State of Louisiana.

In the event of insolvency of the company


issuing this contract, the policyholder or
claimant is not covered by the Louisiana
Insurance Guaranty Association which
guarantees only specific policies issued
by an insurance company authorized to
do business in Louisiana.

This surplus lines policy has been


procured by the following licensed
Louisiana surplus lines broker:

Signature of Licensed Louisiana Surplus


Lines Broker or Authorized
Representative
Anthony Eardley
Printed Name of Licensed Louisiana
Surplus Lines Broker
Maine
This insurance contract is issued pursuant to the Maine Insurance Laws by an insurer neither
licensed by nor under the jurisdiction of the Maine Bureau of Insurance.

Maryland
"This insurance is issued by a non-admitted insurer not under the jurisdiction
of the Maryland Insurance Commissioner"

Massachusetts
The surplus lines insurer with whom the insurance was placed is not licensed
in Massachusetts and is not subject to Massachusetts regulations; and In the
event of the insolvency of the surplus lines insurer, losses will not be paid by
the state insurance guaranty fund.

Michigan
This insurance has been placed with an insurer that is not licensed by the
state of Michigan. In case of insolvency, payment of claims may not be
guaranteed.

Minnesota
“THIS INSURANCE IS ISSUED PURSUANT TO THE MINNESOTA SURPLUS LINES INSURANCE
ACT. THE INSURER IS AN ELIGIBLE SURPLUS LINES INSURER BUT IS NOT OTHERWISE
LICENSED BY THE STATE OF MINNESOTA. IN CASE OF INSOLVENCY, PAYMENT OF CLAIMS IS
NOT GUARANTEED.”

Mississippi
"NOTE: This insurance policy is issued pursuant to Mississippi law covering surplus lines insurance. The company
issuing the policy is not licensed by the State of Mississippi, but is authorized to do business in Mississippi as a
nonadmitted company. The policy is not protected by the Mississippi Insurance Guaranty Association in the event
of the insurer's insolvency."
Missouri
"This is evidence of insurance procured and developed under the Missouri Surplus Lines Laws. It is NOT covered by
the Missouri Insurance Guaranty Association. This insurer is not licensed by the state of Missouri and is not subject
to its supervision."

Montana

Issued in an unauthorized insurer under the Surplus Lines Insurance Law,


under surplus lines insurance producer license No.#721742 And NOT covered
by the property and casualty fund of this state if the unauthorized insurer
becomes insolvent.

BREAKDOWN OF MT SURPLUS LINES TAX

Inspection Fee

Premium Tax

Fire Tax

Stamping Fee

Nebraska
“This policy is issued by a nonadmitted insurer, and in the event of the insolvency of such insurer, this
policy will not be covered by the Nebraska Property and Liability Insurance
Guaranty Association.”
Anthony Eardley
Citadel Insurance Services
826 E. State Rd. Suite 100
American Fork, UT 84003
Citadel License #: 372006
Nevada
This insurance contract is issued pursuant to the Nevada insurance laws by an insurer neither
licensed by nor under the supervision of the Division of Insurance of the Department of
Business and Industry of the State of Nevada. If the insurer is found insolvent, a claim under
this contract is not covered by the Nevada Insurance Guaranty Association Act.

License #: 612942

New Hampshire
“The company issuing this policy has not been licensed by the state of New Hampshire and the rates charged
have not been approved by the commissioner of insurance. If the company issuing this policy becomes
insolvent, the New Hampshire insurance guaranty fund shall not be liable for any claims made against the
policy.”

New Jersey
“This policy is written by a surplus lines insurer and is not subject to the filing or approval requirements of the New
Jersey Department of Banking and Insurance. Such a policy may contain conditions, limitations, exclusions and
different terms than a policy issued by an insurer granted a Certificate of Authority by the New Jersey Department
of Banking and Insurance. The insurer has been approved by the Department as an eligible surplus lines insurer, but
the policy is not covered by the New Jersey Insurance Guaranty Fund, and only a policy of medical malpractice
liability insurance as defined in N.J.S.A. 17:30D-3d or a policy of property insurance covering owner-occupied
dwellings of less than four dwelling units are covered by the New Jersey Surplus Lines Guaranty Fund.”

New Mexico
NEW MEXICO SURPLUS LINES BROKER’S COUNTERSIGNATURE ENDORSEMENT THIS
ENDORSEMENT MUST BE ATTACHED TO THE POLICY AS PART OF THE INSURANCE
CONTRACT

"This policy provides surplus lines insurance by an insurer not otherwise authorized to transact business in
New Mexico. This policy is not subject to supervision, review or approval by the superintendent of
insurance. The insurance so provided is not within the protection of any guaranty fund law of New Mexico
designed to protect the public in the event of the insurer's insolvency."

POLICY #:
NAME OF INSURED:
CERTIFICATE #:
DATE POLICY SIGNED:
UNDERWRITING COMPANY:

Anthony Eardley
Citadel Insurance Services
826 E. State Rd. Suite 100
American Fork, UT 84003

New York
"THE INSURER(S) NAMED HEREIN IS (ARE) NOT LICENSED BY THE STATE OF NEW YORK, NOT
SUBJECT TO ITS SUPERVISION, AND IN THE EVENT OF THE INSOLVENCY OF THE INSURER(S),
NOT PROTECTED BY THE NEW YORK STATE SECURITY FUNDS. THE POLICY MAY NOT BE
SUBJECT TO ALL OF THE REGULATIONS OF THE INSURANCE DEPARTMENT PERTAINING TO
POLICY FORMS."

North Carolina
“The insurance company with which this coverage has been placed is
not licensed by the State of North Carolina and is not subject to its
supervision. In the event of the insolvency of the insurance
company, losses under this policy will not be paid by any State
insurance guaranty or solvency fund."

North Dakota
"THIS POLICY IS ISSUED PURSUANT TO THE NORTH DAKOTA SURPLUS LINES INSURANCE STATUTE
UNDER THE SURPLUS LINES PRODUCER LICENSE OF CITADEL INSURANCE SERVICES. THE INSURER
IS A QUALIFIED SURPLUS LINES INSURER, BUT IS NOT OTHERWISE LICENSED BY THE STATE OF
NORTH DAKOTA AND DOES NOT PARTICIPATE IN THE NORTH DAKOTA INSURANCE GUARANTY
ASSOCIATION."

DATE:

Ohio
THE INSURANCE HEREBY EVIDENCED IS WRITTEN BY AN APPROVED NONdLICENSED INSURER IN THE
STATE OF OHIO AND IS NOT COVERED IN CASE OF INSOLVENCY BY THE OHIO INSURANCE GUARANTY
ASSOCIATION.

Oklahoma
The insurance hereby evidenced is written by an approved non-licensed insurer in the state
of Oklahoma and is not subject to the protection of any guaranty association in the vent of
liquidation or receivership of the insurer.
Oregon
"This insurance was procured and developed under the Oregon surplus lines laws.
It is NOT covered by the provisions of ORS 734.510 to 734.710 relating to the
Oregon Insurance Guaranty Association. If the insurer issuing this insurance
becomes insolvent, the Oregon Insurance Guaranty Association has no obligation
to pay claims under this insurance."

Pennsylvania
"The insurer which has issued this insurance is not licensed by the Pennsylvania
Insurance Department and is subject to limited regulation. This insurance is NOT
covered by the Pennsylvania Insurance Guaranty Association."

Rhode Island
NOTICE
THIS INSURANCE CONTRACT HAS BEEN PLACED WITH AN INSURER NOT LICENSED TO DO BUSINESS IN THE STATE
OF RHODE ISLAND BUT APPROVED AS A SURPLUS LINES INSURER. THE INSURER IS NOT A MEMBER OF THE
RHODE ISLAND INSURERS INSOLVENCY FUND. SHOULD THE INSURER BECOME INSOLVENT, THE PROTECTION
AND BENEFITS OF THE RHODE ISLAND INSURERS INSOLVENCY FUND ARE NOT AVAILABLE.

South Carolina
"This company has been approved by the director or his designee of the South
Carolina Department of Insurance to write business in this State as an eligible
surplus lines insurer, but it is not afforded guaranty fund protection."

South Dakota
…"THIS INSURANCE CONTRACT IS ISSUED BY A NONADMITTED INSURER WHICH IS NOT
LICENSED BY NOR UNDER THE JURISDICTION OF THE SOUTH DAKOTA INSURANCE DIRECTOR."

Tennessee
"This insurance contract is with an insurer not licensed to transact insurance in
this state and is issued and delivered as a surplus line coverage pursuant to the
Tennessee insurance statutes."
826 E. State Rd. Suite 100
American Fork, UT 84058

Texas
This insurance contract is with an insurer not licensed to transact insurance in this state and is
issued and delivered as surplus line coverage under the Texas insurance statutes. The Texas
Department of Insurance does not audit the finances or review the solvency of the surplus lines
insurer providing this coverage, and the insurer is not a member of the property and casualty
insurance guaranty association created under Chapter 462, Insurance Code. Chapter 225,
Insurance Code, requires payment of a 4.85 percent tax on gross premium.

Utah
“The insurer issuing this policy does not hold a certificate of authority to do business in this state and
thus is not fully subject to regulation by the Utah insurance commissioner. This policy receives no
protection from any of the guaranty associations created under Title 31A, Chapter 28.”

Vermont
"The company issuing this policy has not been licensed by the state of Vermont
and the rates charged have not been approved by the commissioner of insurance.
Any default on the part of the insurer is not covered by the Vermont Insurance
Guaranty Association."

Virginia
Attach SLB-9 Form to POLICY

Washington
"This contract is registered and delivered as a surplus line coverage under the
insurance code of the state of Washington, Title 48 RCW. It is not protected by any
Washington state guaranty association law."
Anthony Eardley

Washington DC
West Virginia

Wisconsin
This insurance is with an insurer which has not obtained a certificate of authority to transact a regular
insurance business in the state of Wisconsin, and will be issued and delivered as a surplus lines coverage
pursuant to s. 618.41, Stats. The insurance is regulated by the Commissioner of Insurance only as
provided in ss. 618.41 and 618.43, Stats. Section 618.43 (1), Stats. requires payment by the policyholder
of a 3% tax on gross premium

Wyoming

“This insurance contract is issued pursuant to the Wyoming Insurance Laws by an insurer neither licensed
by nor under the jurisdiction of the Wyoming Insurance Department.”
A STOCK COMPANY

EVANSTON INSURANCE COMPANY


Ten Parkway North
Deerfield, IL 60015

INSURANCE POLICY

Coverage afforded by this policy is provided by the Company (Insurer) and named in the Declarations.

In Witness Whereof, the company (insurer) has caused this policy to be executed and attested and
countersigned by a duly authorized representative of the company (insurer) identified in the Declarations.

Secretary President

MJIL 1000 08 10 Page 1 of 1


INTERLINE

PRIVACY NOTICE

We are committed to safeguarding your privacy. We understand your concerns regarding the privacy of your nonpublic
personal information. No nonpublic personal information is required to be collected when you visit our websites; however,
this information may be requested in order to provide the products and services described. We do not sell nonpublic per-
sonal information to non-affiliated third parties for marketing or other purposes. We only use and share this type of infor-
mation with non-affiliated third parties for the purposes of underwriting insurance, administering your policy or claim and
other purposes as permitted by law, such as disclosures to insurance regulatory authorities or in response to legal pro-
cess. Notwithstanding the foregoing, we may use this information for the purpose of marketing our own products and ser-
vices to you.
We collect nonpublic personal information about you from the following sources:
Information we receive from you on applications or other forms;
Information about your transactions with us, our affiliates, or others; and/or
Information we receive from consumer reporting agencies and inspection reports.
We do not disclose any nonpublic personal information about our customers/claimants or former customers/claimants to
anyone, except as permitted by law.
We may disclose nonpublic personal information about you to the following types of third parties:
Service providers, such as insurance agents and/ or brokers and claims adjusters; and/or
Other non-affiliated third parties as permitted by law.
We restrict access to nonpublic personal information about our customers/claimants to those individuals who need to
know that information to provide products and services to our customers/claimants or as permitted by law. We maintain
physical, electronic, and procedural safeguards to guard your nonpublic personal information.

Residents of California:
You may request to review and make corrections to recorded non-public personal information contained in our files. A
more detailed description of your rights and practices regarding such information is available upon request. Please con-
tact your agent/broker for instructions on how to submit a request to us.

MPIL 1007 03 14 Page 1 of 1


EVANSTON INSURANCE COMPANY
TEXAS IMPORTANT NOTICE

IMPORTANT NOTICE AVISO IMPORTANTE


To obtain information or make a complaint: Para obtener informacion o para presentar una queja:

You may call EVANSTON INSURANCE COMPANY Usted puede llamar al numero de telefono gratuito
toll-free telephone number for information or to make a de EVANSTON INSURANCE COMPANY para obtener
complaint at: informacion o para presentar una queja al:
1-800-507-7626 1-800-507-7626
You may write to: Usted tambien puede escribir a:
EVANSTON INSURANCE COMPANY EVANSTON INSURANCE COMPANY
Markel Legal Department Markel Legal Department
Ten Parkway North Ten Parkway North
Deerfield, Illinois 60015 Deerfield, Illinois 60015
You may contact the Texas Department of Insurance Usted puede comunicarse con el Departamento de
to obtain information on companies, coverages, rights Seguros de Texas para obtener informacion sobre
companias, coberturas, derechos, o quejas al:
or complaints at:
1-800-252-3439 1-800-252-3439
You may write the Texas Department of Insurance at: Usted puede escribir al Departamento de Seguros de
Texas a:
Texas Department of Insurance
Texas Department of Insurance
Consumer Protection (111-1A) Consumer Protection (111-1A)
P.O. Box 149091 P.O. Box 149091
Austin, TX 78714-9091 Austin, TX 78714-9091
FAX # (512) 490-1007 FAX # (512) 490-1007
Sitio web: http://www.tdi.texas.gov
Web: http://www.tdi.texas.gov
E-mail: ConsumerProtection@tdi.texas.gov
E-mail: ConsumerProtection@tdi.texas.gov
DISPUTAS POR PRIMAS DE SEGUROS O
PREMIUM OR CLAIM DISPUTES: Should you have a RECLAMACIONES: Si tiene una disputa relacionada
dispute concerning your premium or about a claim, you con su prima de seguro o con una reclamacion, usted
should contact the agent or the company first. If the debe comunicarse con el agente o la compania primero.
Si la disputa no es resuelta, usted puede comunicarse
dispute is not resolved, you may contact the Texas con el Departamento de Seguros de Texas.
Department of Insurance.
ADJUNTE ESTE AVISO A SU POLIZA: Este aviso
ATTACH THIS NOTICE TO YOUR POLICY: This es solamente para propositos informativos y no se
notice is for information only and does not become a convierte en parte o en condicion del documento
adjunto.
part or condition of the attached document.

MPIL 1009-TX 01 16 Page 1 of 1


EVANSTON INSURANCE COMPANY

COMMON POLICY DECLARATIONS


POLICY NUMBER: 3DS5455 RENEWAL OF POLICY: 3DS5450
Named Insured and Mailing Address (No., Street, Town or City, County, State, Zip Code)
Promotion, Event and Prize Purchasing Group
DBA Event Helper.com, Inc.
1020 McCourtney Rd
Suite B
Grass Valley CA 95949
Policy Period: From 02/01/2017 to 02/01/2018 , at 12:01 A.M. Standard Time at your mailing address shown above.
BUSINESS DESCRIPTION: Special Events
FORM OF BUSINESS
Individual Partnership Joint Venture Trust Corporation
Limited Liability Company X Other Organization: Risk Purchasing Group

Audit Period: Annual unless otherwise stated: ANNUAL FTZ Code:


IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE
AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PART(S), BUT ONLY FOR WHICH A PREMIUM IS
INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.
Commercial Property Coverage Part $ NOT COVERED
Commercial General Liability Coverage Part $ SeeBordereau
Commercial Inland Marine Coverage Part $ NOT COVERED
Commercial Ocean Marine Coverage Part $ NOT COVERED
Commercial Professional Liability Coverage Part $ NOT COVERED
Commercial Automobile Liability Coverage Part $ NOT COVERED
Liquor Liability Coverage Part $ NOT COVERED
Crime Coverage Part: $ NOT COVERED
Other Coverages: Terrorism $ NOT COVERED
$
Premium Total $
Other Charges: $
$
$
$
State Surplus Lines License # GRAND TOTAL $

MDIL 1000 08 11 Page 1 of 2


Producer Number, Name and Mailing Address
74962
Citadel Insurance Services, LC
826 E State Rd., Ste. 100
Inspection Ordered: Yes No X
American Fork UT 84003 Program Code:

ENDORSEMENTS
Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue:

SEE SCHEDULE OF FORMS ATTACHED.

These declarations, together with the Policy Conditions and Coverage Form(s) and any
Endorsement(s), complete the above numbered policy.

Countersigned: By:
Date 01/03/2017 BC AUTHORIZED REPRESENTATIVE

MDIL 1000 08 11 Page 2 of 2


Policy Number: 3DS5455

EVANSTON INSURANCE COMPANY


FORMS SCHEDULE

Form Number Form Name

Forms Applicable - INTERLINE


MJIL 1000 08 10 POLICY JACKET
MPIL 1007 03 14 PRIVACY NOTICE
MPIL 1009-TX 01 16 TEXAS IMPORTANT NOTICE
MDIL 1000 08 11 COMMON DECLARATIONS
MDIL 1001 08 11 FORMS SCHEDULE
IL 00 17 11 98 COMMON POLICY CONDITIONS
IL 02 43 09 07 MONTANA CHANGES
IL 02 46 09 07 PENNSYLVANIA CHANGES - CANCELLATION AND NONRENEWAL
IL 02 47 02 11 MAINE CHANGES - CANCELLATION AND NONRENEWAL
IL 02 49 09 08 SOUTH CAROLINA CHANGES - CANCELLATION AND NONRENEWAL
IL 02 60 02 10 CONNECTICUT CHANGES - CANCELLATION AND NONRENEWAL
IL 02 72 09 07 INDIANA CHANGES - CANCELLATION AND NONRENEWAL
IL 09 10 12 03 PENNSYLVANIA NOTICE
IL 12 01 11 85 BLANK ENDORSEMENT
MEIL 1200 01 10 SERVICE OF SUIT
MEIL 1211 06 10 MINIMUM EARNED PREMIUM AMENDMENT ENDORSEMENT
Forms Applicable - GENERAL LIABILITY
MDGL 1008 08 11 COMMERCIAL GL DEC
MDGL 1009 08 11 SUPPLEMENTAL GL DEC
IL 00 21 09 08 NUCLEAR ENERGY LIAB EXCL ENDT
IL 02 76 09 08 IOWA CHANGES - CANCELLATION AND NONRENEWAL
IL 02 82 09 08 MISSISSIPPI CHANGES - CANCELLATION AND NONRENEWAL
MEIL 1225 10 11 CHANGES - CIVIL UNION
MPIL 1004-AK 02 10 ALASKA POLICYHOLDER NOTICE
CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM
CG 02 20 03 12 FLORIDA CHANGES - CANCELLATION AND NONRENEWAL
CG 20 01 04 13 PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION
CG 20 11 04 13 ADDITIONAL INSURED MANAGERS LESSORS OF PREMISES
CG 20 12 04 13 ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION
CG 20 15 04 13 ADDITIONAL INSURED - VENDORS
CG 20 24 11 85 AI-OWNERS OR OTHER INTERESTS
CG 20 26 07 04 AI-DESIGNATED PERSON OR ORGANIZATION
CG 20 28 04 13 ADDITIONAL INSURED - LESSOR OR LEASED EQUIPMENT
CG 21 01 11 85 EXCL-ATHLETIC OR SPORTS PART
CG 21 09 06 15 EXCLUSION - UNMANNED AIRCRAFT
CG 21 36 (03-05) EXCL NEW ENT
CG 21 46 07 98 ABUSE OR MOLES EXCLU
CG 21 47 (12-07) EMPLOYMENT-RELATED PRACTICES EXCL
CG 21 49 (09-99) TOTAL POLLUTION FORM
CG 21 73 01 15 EXCLUSION OF CERTIFIED ACTS OF TERRORISM
CG 24 26 04 13 AMENDMENT OF INSURED CONTRACT DEFINITION
CG 26 03 04 09 NEW YORK CHANGES - LIQ LIABILITY COV FORM
MEGL 0001 08 14 COMBINATION GENERAL ENDORSEMENT
MEGL 0008 01 16 EXCLUSION - CONTINUOUS OR PROGRESSIVE INJURY OR DAMAGE
MEGL 0009-01 04 11 BLANKET ADDITIONAL INSURED
MEGL 0023 05 16 EXCLUSION - ANIMALS
MEGL 0024 05 16 EXCLUSION - ASSAULT OR BATTERY
MEGL 0030 05 16 LIMITATION OF COVERAGE TO DESCRIBED CLASSIFICATION
MEGL 0048 03 13 DEDUCTIBLE ENDORSEMENT
MEGL 0209 05 16 LIMITATION - SHOOTING AND FIRING RANGES
MEGL 0241-01 05 16 BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS
MEGL 0303 05 16 EXCLUSION - EXPLOSIVES
MEGL 1557 05 16 SPECIAL EVENTS SET-UP AND TAKE-DOWN COVERAGE

MDIL 1001 08 11 Page 1 of 2


3DS5455

EVANSTON INSURANCE COMPANY

MEGL 1616 11 14 EXCLUSION - ENTERTAINERS PARTICIPANTS AND EQUIPMENT


MEGL 1639 08 14 EXCL - AIRCRAFT HOT AIR BALLOON RIDES DEMONSTRATIONS
MEGL 1649 12 15 EXCLUSION - UNSCHEDULED AMUSEMENT DEVICES AND RIDES

MDIL 1001 08 11 Page 2 of 2


IL 00 17 11 98

COMMON POLICY CONDITIONS


All Coverage Parts included in this policy are subject to the following conditions.

A. Cancellation b. Give you reports on the conditions we find;


1. The first Named Insured shown in the Declara- and
tions may cancel this policy by mailing or deliv- c. Recommend changes.
ering to us advance written notice of cancella- 2. We are not obligated to make any inspections,
tion. surveys, reports or recommendations and any
2. We may cancel this policy by mailing or deliver- such actions we do undertake relate only to in-
ing to the first Named Insured written notice of surability and the premiums to be charged. We
cancellation at least: do not make safety inspections. We do not un-
a. 10 days before the effective date of cancel- dertake to perform the duty of any person or
lation if we cancel for nonpayment of pre- organization to provide for the health or safety
mium; or of workers or the public. And we do not warrant
that conditions:
b. 30 days before the effective date of cancel-
lation if we cancel for any other reason. a. Are safe or healthful; or
3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or
Named Insured's last mailing address known to standards.
us. 3. Paragraphs 1. and 2. of this condition apply not
4. Notice of cancellation will state the effective only to us, but also to any rating, advisory, rate
date of cancellation. The policy period will end service or similar organization which makes in-
on that date. surance inspections, surveys, reports or rec-
ommendations.
5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply to
cancel, the refund will be pro rata. If the first any inspections, surveys, reports or recom-
Named Insured cancels, the refund may be mendations we may make relative to certifica-
less than pro rata. The cancellation will be ef- tion, under state or municipal statutes, ordi-
fective even if we have not made or offered a nances or regulations, of boilers, pressure ves-
refund. sels or elevators.
6. If notice is mailed, proof of mailing will be suffi- E. Premiums
cient proof of notice. The first Named Insured shown in the Declara-
B. Changes tions:
This policy contains all the agreements between 1. Is responsible for the payment of all premiums;
you and us concerning the insurance afforded. and
The first Named Insured shown in the Declarations 2. Will be the payee for any return premiums we
is authorized to make changes in the terms of this pay.
policy with our consent. This policy's terms can be F. Transfer Of Your Rights And Duties Under This
amended or waived only by endorsement issued Policy
by us and made a part of this policy.
Your rights and duties under this policy may not be
C. Examination Of Your Books And Records transferred without our written consent except in
We may examine and audit your books and re- the case of death of an individual named insured.
cords as they relate to this policy at any time dur- If you die, your rights and duties will be transferred
ing the policy period and up to three years after- to your legal representative but only while acting
ward. within the scope of duties as your legal representa-
D. Inspections And Surveys tive. Until your legal representative is appointed,
1. We have the right to: anyone having proper temporary custody of your
property will have your rights and duties but only
a. Make inspections and surveys at any time; with respect to that property.

IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❏


IL 02 43 09 07

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MONTANA CHANGES
This endorsement modifies insurance provided under the following:

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART


COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. With respect to other than the Farm Property – (d) Substantial breaches of contractual
Farm Dwellings, Appurtenant Structures And duties, conditions or warranties;
Household Personal Property Coverage Form, (e) Determination by the Commissioner
Paragraph 2. of the Cancellation Common Policy of Insurance that continuation of the
Condition is replaced by the following: policy would place us in violation of
2. Cancellation Of Policies the Montana Insurance Code;
a. Midterm Cancellation (f) Financial impairment of us; or
We may cancel this policy based on the (g) Such other reasons that are ap-
provisions below, by mailing or delivering proved by the Commissioner of In-
written notice to the first Named Insured at surance.
least 10 days before the effective date of (3) If this policy has been issued for a term
cancellation: longer than one year, and if either the
(1) If this policy has been in effect for less premium is prepaid or an agreed term is
than 60 days, except as provided in guaranteed for additional premium con-
Paragraph 2.a.(3) below, we may cancel sideration, we may cancel this policy on-
for any reason. ly for one or more of the reasons stated
(2) If this policy has been in effect for 60 in Paragraph 2.a.(2) above.
days or more, we may cancel this policy b. Anniversary Cancellation
prior to the expiration of the agreed term We may cancel any policy with a term of
or prior to one year from the effective more than one year by mailing or delivering
date of the policy or renewal, whichever to the first Named Insured written notice of
is less, only for one or more of the fol- cancellation at least 45 days before the an-
lowing reasons: niversary date of the policy. Such cancella-
(a) Failure to pay a premium when due; tion will be effective on the policy's anniver-
(b) Material misrepresentation; sary date.
(c) Substantial change in the risk as-
sumed, except to the extent that we
should reasonably have foreseen the
change or contemplated the risk in
writing the contract;

IL 02 43 09 07 © ISO Properties, Inc., 2006 Page 1 of 2 ❏


B. With respect to the Farm Property – Farm Dwell- (3) If this policy has been issued for a term
ings, Appurtenant Structures And Household Per- longer than one year, and if either the
sonal Property Coverage Form, Paragraph 2. of premium is prepaid or an agreed term is
the Cancellation Common Policy Condition is re- guaranteed for additional premium con-
placed by the following: sideration, we may cancel this policy on-
2. Cancellation Of Policies ly for one or more of the reasons stated
in Paragraph 2.a.(2)(b) by mailing or de-
a. Midterm Cancellation livering written notice to the first Named
(1) We may cancel this policy for nonpay- Insured at least 45 days before the ef-
ment of premium by mailing or delivering fective date of cancellation.
written notice of cancellation to the first b. Anniversary Cancellation
Named Insured at least 20 days before
the effective date of cancellation. We may cancel any policy with a term of
more than one year by mailing or delivering
(2) We may cancel this policy based on the to the first Named Insured written notice of
reason(s) stated in Paragraph 2.a.(2)(a) cancellation at least 45 days before the an-
or (2)(b) by mailing or delivering written niversary date of the policy. Such cancella-
notice of cancellation to the first Named tion will be effective on the policy's anniver-
Insured at least 45 days before the ef- sary date.
fective date of cancellation:
C. Paragraph 5. of the Cancellation Common Policy
(a) If this policy has been in effect for Condition is replaced by the following:
less than 60 days, except as pro-
vided in Paragraph 2.a.(3), we may 5. If this policy is cancelled, we will send the first
cancel for any reason. Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
(b) If this policy has been in effect for 60 Named Insured cancels, the refund may be
days or more, we may cancel this less than pro rata. The cancellation will be ef-
policy prior to the expiration of the fective even if we have not made or offered a
agreed term or prior to one year from refund. However, when a financed insurance
the effective date of the policy or re- policy is cancelled, we will send any refund due
newal, whichever is less, only for to the premium finance company on a pro rata
one or more of the following reasons: basis.
(i) Material misrepresentation; D. Any When We Do Not Renew Condition is de-
(ii) Substantial change in the risk as- leted.
sumed, except to the extent that The following When We Do Not Renew Condition
we should reasonably have fore- is added:
seen the change or contemplated
the risk in writing the contract; 1. If we elect not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
(iii) Substantial breaches of contrac- shown in the Declarations and agent, if any, a
tual duties, conditions or warran- notice of intention not to renew at least 45 days
ties; before the agreed expiration date.
(iv) Determination by the Commis- 2. We need not mail or deliver this notice if:
sioner of Insurance that continua-
tion of the policy would place us a. You have purchased insurance elsewhere;
in violation of the Montana Insur- b. You have accepted replacement coverage;
ance Code; c. You have requested or agreed to nonre-
(v) Financial impairment of us; or newal; or
(vi) Such other reasons that are ap- d. This policy is expressly designated as non-
proved by the Commissioner of renewable.
Insurance.

Page 2 of 2 © ISO Properties, Inc., 2006 IL 02 43 09 07 ❏


IL 02 46 09 07

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PENNSYLVANIA CHANGES – CANCELLATION


AND NONRENEWAL
This endorsement modifies insurance provided under the following:

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART


COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART
FARM UMBRELLA LIABILITY POLICY
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. The Cancellation Common Policy Condition is re- b. You have failed to pay a premium when
placed by the following: due, whether the premium is payable di-
CANCELLATION rectly to us or our agents or indirectly under
a premium finance plan or extension of
1. The first Named Insured shown in the Declara- credit. Notice of cancellation will be mailed
tions may cancel this policy by writing or giving at least 15 days before the effective date of
notice of cancellation. cancellation.
2. Cancellation Of Policies In Effect For Less c. A condition, factor or loss experience mate-
Than 60 Days rial to insurability has changed substantially
We may cancel this policy by mailing or deliver- or a substantial condition, factor or loss ex-
ing to the first Named Insured written notice of perience material to insurability has become
cancellation at least 30 days before the effec- known during the policy period. Notice of
tive date of cancellation. cancellation will be mailed or delivered at
least 60 days before the effective date of
3. Cancellation Of Policies In Effect For 60
cancellation.
Days Or More
If this policy has been in effect for 60 days or
d. Loss of reinsurance or a substantial de-
crease in reinsurance has occurred, which
more or if this policy is a renewal of a policy we
loss or decrease, at the time of cancella-
issued, we may cancel this policy only for one
tion, shall be certified to the Insurance
or more of the following reasons:
Commissioner as directly affecting in-force
a. You have made a material misrepresenta- policies. Notice of cancellation will be
tion which affects the insurability of the risk. mailed or delivered at least 60 days before
Notice of cancellation will be mailed or de- the effective date of cancellation.
livered at least 15 days before the effective
date of cancellation.

IL 02 46 09 07 © ISO Properties, Inc., 2006 Page 1 of 2 ❏


e. Material failure to comply with policy terms, 7. If notice is mailed, it will be by registered or first
conditions or contractual duties. Notice of class mail. Proof of mailing will be sufficient
cancellation will be mailed or delivered at proof of notice.
least 60 days before the effective date of B. The following are added and supersede any provi-
cancellation. sions to the contrary:
f. Other reasons that the Insurance Commis- 1. Nonrenewal
sioner may approve. Notice of cancellation
will be mailed or delivered at least 60 days If we decide not to renew this policy, we will
before the effective date of cancellation. mail or deliver written notice of nonrenewal,
stating the specific reasons for nonrenewal, to
This policy may also be cancelled from inception the first Named Insured at least 60 days before
upon discovery that the policy was obtained the expiration date of the policy.
through fraudulent statements, omissions or con-
cealment of facts material to the acceptance of the 2. Increase Of Premium
risk or to the hazard assumed by us. If we increase your renewal premium, we will
4. We will mail or deliver our notice to the first mail or deliver to the first Named Insured writ-
Named Insured's last mailing address known to ten notice of our intent to increase the premium
us. Notice of cancellation will state the specific at least 30 days before the effective date of the
reasons for cancellation. premium increase.
5. Notice of cancellation will state the effective Any notice of nonrenewal or renewal premium in-
date of cancellation. The policy period will end crease will be mailed or delivered to the first
on that date. Named Insured's last known address. If notice is
mailed, it will be by registered or first class mail.
6. If this policy is cancelled, we will send the first Proof of mailing will be sufficient proof of notice.
Named Insured any premium refund due. If we
cancel, the refund will be pro rata and will be
returned within 10 business days after the ef-
fective date of cancellation. If the first Named
Insured cancels, the refund may be less than
pro rata and will be returned within 30 days
after the effective date of cancellation. The
cancellation will be effective even if we have
not made or offered a refund.

Page 2 of 2 © ISO Properties, Inc., 2006 IL 02 46 09 07 ❏


IL 02 47 02 11

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MAINE CHANGES – CANCELLATION AND NONRENEWAL


This endorsement modifies insurance provided under the following:

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART


COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART
FARM UMBRELLA LIABILITY POLICY
LIQUOR LIABILITY COVERAGE PART
MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. Paragraphs 2., 4. and 6. of the Cancellation b. Fraud or material misrepresentation made


Common Policy Condition are replaced by the by you or with your consent in obtaining the
following: policy, continuing the policy or in presenting
2. We may cancel this policy by mailing or a claim under the policy;
delivering written notice of cancellation to the c. Substantial change in the risk which
first Named Insured. If we cancel, cancellation increases the risk of loss after insurance
will not be effective prior to 10 days after the coverage has been issued or renewed,
receipt by the first Named Insured of the notice including, but not limited to, an increase in
of cancellation. exposure due to regulation, legislation or
4. Notice of cancellation to the first Named court decision;
Insured will state the effective date of and d. Failure to comply with reasonable loss
reasons for cancellation. The policy period will control recommendations;
end on that date. e. Substantial breach of contractual duties,
6. A post office certificate of mailing to the first conditions or warranties; or
Named Insured at the last known mailing f. Determination by the superintendent of
address will be conclusive proof of receipt of insurance that the continuation of a class or
notice on the third calendar day after mailing. block of business to which the policy
B. If this policy has been in effect for 60 days or belongs will jeopardize our solvency or will
more, or if it is a renewal or continuation of a place us in violation of the insurance laws of
policy issued by us, the following is added to the Maine or any other state.
Cancellation Common Policy Condition and
supersedes any other provisions to the contrary:
7. We may cancel this policy only for one or more
of the following reasons:
a. Nonpayment of premium;

IL 02 47 02 11 © ISO Properties, Inc., 2006 Page 1 of 2 ❏


C. The following is added and supersedes any other D. With respect to Physical Damage Coverage
provision to the contrary: provided under the Commercial Automobile
Nonrenewal Coverage Part, we will provide like notice of
cancellation or nonrenewal to any loss payee
If we decide not to renew this policy, we will mail named in the policy.
or deliver notice of nonrenewal to the first Named
Insured. Nonrenewal will not be effective prior to
30 days after the receipt by the first Named
Insured of the notice of nonrenewal. A post office
certificate of mailing to the first Named Insured at
the last known mailing address will be conclusive
proof of receipt of notice on the third calendar day
after mailing.

Page 2 of 2 © ISO Properties, Inc., 2006 IL 02 47 02 11 ❏


IL 02 49 09 08

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SOUTH CAROLINA CHANGES –


CANCELLATION AND NONRENEWAL
This endorsement modifies insurance provided under the following:

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART


COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. Paragraphs 2. and 3. of Cancellation Common b. Material misrepresentation of fact which, if


Policy Condition are replaced by the following: known to us, would have caused us not to
2. We may cancel this policy by mailing or deliver- issue the policy;
ing to the first Named Insured and the agent, if c. Substantial change in the risk assumed, ex-
any, written notice of cancellation at least: cept to the extent that we should reason-
a. 10 days before the effective date of cancel- ably have foreseen the change or contem-
lation if we cancel for nonpayment of premi- plated the risk in writing the policy;
um; or d. Substantial breaches of contractual duties,
b. 30 days before the effective date of cancel- conditions or warranties; or
lation if we cancel for any other reason. e. Loss of our reinsurance covering all or a
3. We will mail or deliver our notice to the first significant portion of the particular policy in-
Named Insured's and agent's last known ad- sured, or where continuation of the policy
dresses. would imperil our solvency or place us in vi-
olation of the insurance laws of South Caro-
B. The following is added to the Cancellation Com- lina.
mon Policy Condition:
Prior to cancellation for reasons permitted
7. Cancellation Of Policies In Effect For 120 in this Item e., we will notify the Commis-
Days Or More sioner, in writing, at least 60 days prior to
If this policy has been in effect for 120 days or such cancellation and the Commissioner
more, or is a renewal or continuation of a policy will, within 30 days of such notification, ap-
we issued, we may cancel this policy only for prove or disapprove such action.
one or more of the following reasons: Any notice of cancellation will state the precise
a. Nonpayment of premium; reason for cancellation.

IL 02 49 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 ❏


C. The following is added and supersedes any provi- b. Provide at least:
sions to the contrary: (1) 60 days' notice of nonrenewal, when
Nonrenewal nonrenewal is to become effective be-
1. We will not refuse to renew a policy issued for tween November 1 and May 31; or
a term of more than one year, until expiration (2) 90 days' notice of nonrenewal, when
of its full term, if anniversary renewal has been nonrenewal is to become effective be-
guaranteed by additional premium considera- tween June 1 and October 31.
tion. 3. Any notice of nonrenewal will be mailed or de-
2. If we decide not to renew this policy, we will: livered to the first Named Insured's and agent's
a. Mail or deliver written notice of nonrenewal last known addresses. If notice is mailed, proof
to the first Named Insured and agent, if of mailing will be sufficient proof of notice.
any, before: 4. Any notice of nonrenewal will state the precise
(1) The expiration date of this policy, if the reason for nonrenewal.
policy is written for a term of one year or
less; or
(2) An anniversary date of this policy, if the
policy is written for a term of more than
one year or for an indefinite term; and

Page 2 of 2 © ISO Properties, Inc., 2007 IL 02 49 09 08 ❏


IL 02 60 02 10

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CONNECTICUT CHANGES – CANCELLATION


AND NONRENEWAL
This endorsement modifies insurance provided under the following:

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART


COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART
FARM UMBRELLA LIABILITY POLICY
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
STANDARD PROPERTY POLICY

A. The Cancellation Common Policy Condition is re- 3. Cancellation of policies in effect for 60 days or
placed by the following: more.
Cancellation a. If this policy has been in effect for 60 days
1. The first Named Insured shown in the Declara- or more or this is a renewal of a policy we
tions may cancel this policy by mailing or deliv- issued, we may cancel this policy by giving
ering to us advance written notice of cancella- you written notice of cancellation at least:
tion. (1) 10 days before the effective date of can-
2. Cancellation of policies in effect for less than cellation if we cancel for one or more of
60 days. the following reasons:
If this policy has been in effect for less than 60 (a) Nonpayment of premium;
days and is not a renewal of a policy we is- (b) Conviction of a crime arising out of
sued, we may cancel this policy for any reason acts increasing the hazard insured
by giving you written notice of cancellation at against;
least: (c) Discovery of fraud or material mis-
a. 10 days before the effective date of cancel- representation by you in obtaining
lation if we cancel for nonpayment of premi- the policy or in perfecting any claim
um; or thereunder;
b. 30 days before the effective date of cancel- (d) Discovery of any willful or reckless
lation if we cancel for any other reason. act or omission by you increasing the
hazard insured against; or

Page 1 of 2 © Insurance Services Ofice, Inc., 2009 IL 02 60 02 10 ❏


(e) A determination by the Commis- 6. If this policy is cancelled, we will send the first
sioner that continuation of the policy Named Insured any premium refund due. If we
would violate or place us in violation cancel, the refund will be pro rata. If the first
of the law; or Named Insured cancels, the refund may be
(2) 60 days before the effective date of can- less than pro rata. The cancellation will be ef-
cellation if we cancel for one or more of fective even if we have not made or offered a
the following reasons: refund.
(a) Physical changes in the property 7. If notice is mailed, proof of mailing will be suffi-
which increase the hazard insured cient proof of notice.
against; B. The following is added and supersedes any other
(b) A material increase in the hazard in- provision to the contrary:
sured against; or Nonrenewal
(c) A substantial loss of reinsurance by 1. If we decide not to renew this policy, we will
us affecting this particular line of in- mail or deliver to you a written notice of nonre-
surance. newal, stating the specific reason for nonre-
b. We may not cancel policies in effect for 60 newal, at least 60 days before the expiration
days or more or renewal policies for any date of this policy. The notice will be sent to
reason other than the reasons described in your address last known to us.
Paragraph 3.a. above. 2. This notice will be delivered or sent by:
c. If we cancel for nonpayment of premium, a. Registered mail;
you may continue the coverage and avoid b. Certified mail; or
the effect of the cancellation by payment in
full at any time prior to the effective date of c. Mail evidenced by a certificate of mailing.
cancellation. If notice is mailed, proof of mailing is sufficient
d. Notice of cancellation will be delivered or proof of notice.
sent by: 3. However, we are not required to send this no-
(1) Registered mail; tice if nonrenewal is due to your failure to pay
any advance premium required for renewal.
(2) Certified mail; or
4. With respect to automobile liability insurance
(3) Mail evidenced by a United States Post policies only, your policy shall terminate on the
Office certificate of mailing. effective date of any other insurance policy you
4. We will give notice to you at your last mailing purchase with respect to any automobile desig-
address known to us. nated in both policies.
5. Notice of cancellation will state the specific rea-
son for the cancellation and the effective date
of cancellation. The policy period will end on
that date.

IL 02 60 02 10 © Insurance Services Ofice, Inc., 2009 Page 2 of 2 ❏


IL 02 72 09 07

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

INDIANA CHANGES – CANCELLATION


AND NONRENEWAL
This endorsement modifies insurance provided under the following:

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART


COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART
FARM UMBRELLA LIABILITY POLICY
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. Paragraph 2. of the Cancellation Common Policy b. More Than 90 Days


Condition is replaced by the following: If this policy has been in effect for more
2. Cancellation Of Policies In Effect than 90 days, or is a renewal of a policy we
a. 90 Days Or Less issued, we may cancel this policy, only for
one or more of the reasons listed below, by
If this policy has been in effect for 90 days mailing or delivering to the first Named
or less, we may cancel this policy by Insured written notice of cancellation at
mailing or delivering to the first Named least:
Insured written notice of cancellation at
least: (1) 10 days before the effective date of
cancellation if we cancel for nonpayment
(1) 10 days before the effective date of of premium;
cancellation if we cancel for nonpayment
of premium; (2) 20 days before the effective date of
cancellation if you have perpetrated a
(2) 20 days before the effective date of fraud or material misrepresentation on
cancellation if you have perpetrated a us; or
fraud or material misrepresentation on
us; or (3) 45 days before the effective date of
cancellation if:
(3) 30 days before the effective date of
cancellation if we cancel for any other (a) There has been a substantial change
reason. in the scale of risk covered by this
policy;
(b) Reinsurance of the risk associated
with this policy has been cancelled;
or
(c) You have failed to comply with
reasonable safety recommendations.

IL 02 72 09 07 © ISO Properties, Inc., 2006 Page 1 of 2 ❏


B. The following is added to the Common Policy 2. We will mail or deliver our notice to the first
Conditions and supersedes any provision to the Named Insured's last mailing address known to
contrary. us. If notice is mailed, proof of mailing will be
NONRENEWAL sufficient proof of notice.
1. If we elect not to renew this policy, we will mail
or deliver to the first Named Insured written
notice of nonrenewal at least 45 days before:
a. The expiration date of this policy, if the
policy is written for a term of one year or
less; or
b. The anniversary date of this policy, if the
policy is written for a term of more than one
year.

Page 2 of 2 © ISO Properties, Inc., 2006 IL 02 72 09 07 ❏


IL 09 10 12 03

PENNSYLVANIA NOTICE
An Insurance Company, its agents, employees, or The Act does not apply:
service contractors acting on its behalf, may provide 1. If the injury, death or loss occurred during the
services to reduce the likelihood of injury, death or actual performance of the services and was
loss. These services may include any of the following caused by the negligence of the Insurance Com-
or related services incident to the application for, pany, its agents, employees or service contrac-
issuance, renewal or continuation of, a policy of in- tors;
surance:
2. To consultation services required to be performed
1. Surveys; under a written service contract not related to a
2. Consultation or advice; or policy of insurance; or
3. Inspections. 3. If any acts or omissions of the Insurance Com-
The "Insurance Consultation Services Exemption Act" pany, its agents, employees or service contractors
of Pennsylvania provides that the Insurance Com- are judicially determined to constitute a crime, ac-
pany, its agents, employees or service contractors tual malice, or gross negligence.
acting on its behalf, is not liable for damages from
injury, death or loss occurring as a result of any act or
omission by any person in the furnishing of or the
failure to furnish these services.

IL 09 10 12 03 © ISO Properties, Inc., 2003 Page 1 of 1 ❏


THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

POLICY CHANGES
Policy Change
Number 1
POLICY NUMBER POLICY CHANGES COMPANY
EFFECTIVE
3DS5455 02/01/2017 EVANSTON INSURANCE COMPANY

NAMED INSURED AUTHORIZED REPRESENTATIVE


Promotion, Event and Prize Purchasing Group 74962
DBA Event Helper.com, Inc. Citadel Insurance Services, LC
826 E State Rd., Ste. 100

American Fork UT 84003

COVERAGE PARTS AFFECTED


Commercial General Liability

CHANGES
Member is defined as a natural person who has completed a membership application for a new
or renewing membership with the Promotion, Event and Prize Purchasing Group dba Event
Helper.com, which membership payment included consideration for the inclusion of liability
insurance and who has been named as an Insured on a valid Certificate of Insurance, under
the terms and conditions of this policy.

Membership period is defined as the period of twelve (12) months commencing with the date
on which the Member's application for enrollment in the Promotion, Event and Prize
Purchasing Group dba Event Helper.com is approved by the Company's underwriter and which
membership period is reflected on the Insured's Certificate of Insurance by a start date
and an end date. The start date for each member, as stated on the Insured's Certificate
of Insurance, must be a date within this policy period.

Policy period is defined as the period from the inception date of this policy to the
policy expiration date as stated on the Common Policy Declarations page, or its earlier
cancellation or termination date.

Authorized Representative Signature

IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1


Copyright, ISO Commercial Risk Services, Inc., 1983
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

POLICY CHANGES
Policy Change
Number 2
POLICY NUMBER POLICY CHANGES COMPANY
EFFECTIVE
3DS5455 02/01/2017 EVANSTON INSURANCE COMPANY

NAMED INSURED AUTHORIZED REPRESENTATIVE


Promotion, Event and Prize Purchasing Group 74962
DBA Event Helper.com, Inc. Citadel Insurance Services, LC
826 E State Rd., Ste. 100

American Fork UT 84003

COVERAGE PARTS AFFECTED


Commercial General Liability

CHANGES
In consideration of premium charged it is understood and agreed upon the following
warranty: The statements in the application for insurance that is provided under this
policy are your representations and are deemed material. This policy is issued based on
truth, accuracy and completeness of such representations. Upon the binding of coverage,
such application and all information that has been provided by you or by any
representative of yours to supplement such application is incorporated in the Policy and
becomes part of this Policy by reference.

Authorized Representative Signature

IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1


Copyright, ISO Commercial Risk Services, Inc., 1983
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

POLICY CHANGES
Policy Change
Number 3
POLICY NUMBER POLICY CHANGES COMPANY
EFFECTIVE
3DS5455 02/01/2017 EVANSTON INSURANCE COMPANY

NAMED INSURED AUTHORIZED REPRESENTATIVE


Promotion, Event and Prize Purchasing Group 74962
DBA Event Helper.com, Inc. Citadel Insurance Services, LC
826 E State Rd., Ste. 100

American Fork UT 84003

COVERAGE PARTS AFFECTED


Commercial General Liability

CHANGES
Form MEGL 023 01 09 - Animal Exclusion Endorsement - does not apply to the following
events:

Amateur Rodeo and Roping Events


Dog Event/Show
Cat Event/Show
Bird Event/Show
And other domesticated animal Event/Shows
Fishing Event
Livestock Show

Authorized Representative Signature

IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1


Copyright, ISO Commercial Risk Services, Inc., 1983
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

POLICY CHANGES
Policy Change
Number 4
POLICY NUMBER POLICY CHANGES COMPANY
EFFECTIVE
3DS5455 02/01/2017 EVANSTON INSURANCE COMPANY

NAMED INSURED AUTHORIZED REPRESENTATIVE


Promotion, Event and Prize Purchasing Group 74962
DBA Event Helper.com, Inc. Citadel Insurance Services, LC
826 E State Rd., Ste. 100

American Fork UT 84003

COVERAGE PARTS AFFECTED


Commercial General Liability

CHANGES
The following exclusion is added to Paragraph 2. Exclusions of SECTION 1 - COVERAGE A
BODILY INJURY AND PROPERTY DAMAGE LIABILITY:

This insurance does not apply to "bodily injury" or "property damage" arising out of the
operation performed by you, or for you by others, with respect to ownership, sponsorship,
storage, handling, displaying, exhibiting, emplacement, or igntion of:

1.Fireworks demonstrations, unless same are contracted by you to a licensed pyro


technician who carries a Commercial General Liability insurance with limits of at least
$1,000,000, names you as an Additional Insured,and furnishes you a certificate of
insurance;
2.Any special effects including but not limited to pyrotechnics and pyrotechnical devices
of any kind;
3. Flashboxes;
4. Any other similar explosive material, ornamental, or entertainment devices.

All other terms and conditions remain unchanged.

Authorized Representative Signature

IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1


Copyright, ISO Commercial Risk Services, Inc., 1983
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

POLICY CHANGES
Policy Change
Number 5
POLICY NUMBER POLICY CHANGES COMPANY
EFFECTIVE
3DS5455 02/01/2017 EVANSTON INSURANCE COMPANY

NAMED INSURED AUTHORIZED REPRESENTATIVE


Promotion, Event and Prize Purchasing Group 74962
DBA Event Helper.com, Inc. Citadel Insurance Services, LC
826 E State Rd., Ste. 100

American Fork UT 84003

COVERAGE PARTS AFFECTED


Commercial General Liability

CHANGES
Form CG 00 01 12 07
Section 2. Exclusions, Part j. DAMAGE TO PROPERTY is changed to:

Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than
damage by fire) to premises, including the contents of such premises, rented to you for a
period of the length of the individual policy, as shown on the individual Certificate of
Insurance. A seperate limit applies to Damage to Premises Rented to YOU as described in
Section III - Limits of Insurance.

Authorized Representative Signature

IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1


Copyright, ISO Commercial Risk Services, Inc., 1983
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

POLICY CHANGES
Policy Change
Number 6
POLICY NUMBER POLICY CHANGES COMPANY
EFFECTIVE
3DS5455 02/01/2017 EVANSTON INSURANCE COMPANY

NAMED INSURED AUTHORIZED REPRESENTATIVE


Promotion, Event and Prize Purchasing Group 74962
DBA Event Helper.com, Inc. Citadel Insurance Services, LC
826 E State Rd., Ste. 100

American Fork UT 84003

COVERAGE PARTS AFFECTED


COmmercial General Liability

CHANGES
Mechanical Amusement Ride or Device - Exclusion

The coverage under this policy does not apply to "bodily injury", "property damage",
"personal and advertising injury" or any injury, loss or damage arising out of the
ownership, maintenance, operations, or use of any mechanical amusement ride, device, or
mechanical ride of any type.

Authorized Representative Signature

IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1


Copyright, ISO Commercial Risk Services, Inc., 1983
INTERLINE

EVANSTON INSURANCE COMPANY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SERVICE OF SUIT
Except with respect to any policy issued in any state in which the Insurer is licensed as an admitted insurer to transact
business, it is agreed that in the event of the failure of the Company to pay any amount claimed to be due hereunder, the
Company, at the request of the Named Insured, will submit to the jurisdiction of a court of competent jurisdiction within the
United States and will comply with all requirements necessary to give such court jurisdiction and all matters arising
hereunder shall be determined in accordance with the law and practice of such court. Nothing in this clause constitutes or
should be understood to constitute a waiver of the Company's rights to commence an action in any court of competent
jurisdiction in the United States, to remove an action to a United States District Court or to seek a transfer of a case to
another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that
service of process in such suit may be made upon Secretary, Legal Department, Markel Midwest, Ten Parkway North,
Deerfield, Illinois 60015 and that in any suit instituted against the Company upon this policy, the Company will abide by the
final decision of such Court or of any Appellate Court in the event of an appeal.

Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the
Company hereby designates the Superintendent, Commissioner or Director of Insurance or other official specified for that
purpose in the statute, or his/her successor or successors in office, as its true and lawful attorney upon whom may be
served any lawful process in any action, suit or proceeding instituted by or on behalf of the Named Insured or any
beneficiary hereunder arising out of this policy, and hereby designates the above-named as the person to whom the said
officer is authorized to mail such process or a true copy thereof.

MEIL 1200 01 10 Page 1 of 1


INTERLINE
POLICY NUMBER: 3DS5455

EVANSTON INSURANCE COMPANY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MINIMUM EARNED PREMIUM AMENDMENT ENDORSEMENT

The following modifies all coverage forms and coverage parts attached to this policy.

If this insurance policy is cancelled at your request, there will be a Minimum Earned Premium retained by us of
$ or 100 % (percent) of the premium, whichever is the greater. Cancellation for nonpayment of
premium is considered a request by the first Named Insured for cancellation of this policy.

All other terms and conditions remain unchanged.

MEIL 1211 06 10 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1
with its permission.
EVANSTON INSURANCE COMPANY

COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS


POLICY NUMBER: 3DS5455 X “X” If Supplemental Declarations Is Attached
RETROACTIVE DATE
THIS INSURANCE DOES NOT APPLY TO "BODILY INJURY", "PROPERTY DAMAGE" OR "PERSONAL AND
ADVERTISING INJURY" WHICH OCCURS BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN BELOW.
RETROACTIVE DATE: NONE
(ENTER DATE OR "NONE" IF NO RETROACTIVE DATE APPLIES)

LIMITS OF INSURANCE
General Aggregate Limit (other than Products/Completed Operations) $2,000,000
Products/Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000 Any One Person or Organization
Each Occurrence Limit $1,000,000
Damage to Premises Rented to You Limit $100,000 Any One Premises
Medical Expense Limit $5,000 Any One Person

ALL PREMISES YOU OWN, RENT OR OCCUPY


Loc No. ADDRESS OF ALL PREMISES YOU OWN, RENT OR OCCUPY
01 1020 McCourtney Rd., Suite B Grass Valley CA 95949

CLASSIFICATION AND PREMIUM


Rate Advance Premium
Loc Code No. Rating *Premium Other
No. Classification Basis Basis Basis Pr/Co All Other Pr/Co All Other
1 48557 Admissions* 0 1 Included $ 1.00 $ Included
SOCIAL GATHERINGS AND MEETINGS - ON PREMISES NOT OWNED OR OPERATED BY THE INSURED (FOR-PROFIT)

1 48558 Admissions* 0 1 Included $ 1.00 $ Included


SOCIAL GATHERINGS AND MEETINGS - ON PREMISES NOT OWNED OR OPERATED BY THE INSURED (NOT-FOR-PROFIT)

1 11168 Admissions* 0 1 Included $ 1.00 $ Included


CONCESSIONAIRES

*(a) Area *(c) Total Cost *(m) Admissions *(p) Payroll *(s) Gross Sales (u) Units *(r) Gross Total
Receipts (e) Each (o) Other Advance $ 3.00
Premium Basis identified with a “*” is per 1000 of selected basis. Premium
These declarations, together with the Common Policy Conditions and Coverage Form(s) and any Endorsement(s),
complete the above numbered policy.

FORMS AND ENDORSEMENTS


SEE FORMS SCHEDULE – MDIL 1001

MDGL 1008 08 11 Page 1 of 1


EVANSTON INSURANCE COMPANY

COMMERCIAL GENERAL LIABILITY COVERAGE PART


SUPPLEMENTAL DECLARATIONS
POLICY NUMBER: 3DS5455
ALL PREMISES YOU OWN, RENT OR OCCUPY
Loc.
ADDRESS OF ALL PREMISES YOU OWN, RENT OR OCCUPY
No.

CLASSIFICATION AND PREMIUM


Rate Advance Premium
Loc Code No. Rating *Premium Other All
No . Classification Basis Basis Basis Pr/Co Other Pr/Co All Other
1 11039 Admissions* 0 1 Included $ 1.00 $ Included
CATERERS

1 41667 Admissions* 0 1 Included $ 1.00 $ Included


CLUBS - CIVIC, SERVICE OR SOCIAL - HAVING BUILDINGS OR PREMISES OWNED OR LEASED (FOR-PROFIT)

1 41668 Admissions* 0 1 Included $ 1.00 $ Included


CLUBS - CIVIC, SERVICE OR SOCIAL - HAVING BUILDINGS OR PREMISES OWNED OR LEASED (NOT-FOR-PROFIT)

1 43215 Admissions* 0 1 Included $ 1.00 $ Included


ENTERTAINMENT PERFORMED ON OTHERS PREMISES

1 63215 Admissions* 0 1 Included $ 1.00 $Included


EXHIBITION OR CONVENTION BUILDINGS (FOR-PROFIT)

1 63216 Admissions* 0 1 Included $ 1.00 $ Included


EXHIBITION OR CONVENTION BUILDINGS (NOT-FOR-PROFIT)

1 63217 Admissions* 0 1 Included $ 1.00 $ Included


EXHIBITIONS - IN BUILDINGS - NOT OTHERWISE CLASSIFIED (FOR- PROFIT)

1 63218 Admissions* 0 1 Included $ 1.00 $Included


EXHIBITIONS - IN BUILDINGS - NOT OTHERWISE CLASSIFIED (NOT-FOR-PROFIT)

*(a) Area *(c) Total Cost *(m) Admissions *(p) Payroll *(s) Gross Sales (u) Units *(r) Premium for
Gross Receipts (e) Each (o) Other:
this
Supplemental
Premium Basis identified with a “*” is per 1000 of selected basis. Declarations $ 8.00

MDGL 1009 08 11 Page 1 of 1


EVANSTON INSURANCE COMPANY

COMMERCIAL GENERAL LIABILITY COVERAGE PART


SUPPLEMENTAL DECLARATIONS
POLICY NUMBER: 3DS5455
ALL PREMISES YOU OWN, RENT OR OCCUPY
Loc.
ADDRESS OF ALL PREMISES YOU OWN, RENT OR OCCUPY
No.

CLASSIFICATION AND PREMIUM


Rate Advance Premium
Loc Code No. Rating *Premium Other All
No . Classification Basis Basis Basis Pr/Co Other Pr/Co All Other
1 63219 Admissions* 0 1 Included $ 1.00 $ Included
EXHIBITIONS - IN BUILDINGS - NO ADMISSION CHARGE (FOR-PROFIT)

1 63220 Admissions* 0 1 Included $ 1.00 $ Included


EXHIBITIONS - IN BUILDINGS - NO ADMISSION CHARGE (NOT-FOR-PROFIT)

1 99718 Admissions* 0 1 Included $ 1.00 $Included


THEATRICAL COMPANIES - TRAVELING

$ $

$ $

$ $

$ $

$ $

*(a) Area *(c) Total Cost *(m) Admissions *(p) Payroll *(s) Gross Sales (u) Units *(r) Premium for
Gross Receipts (e) Each (o) Other:
this
Supplemental
Premium Basis identified with a “*” is per 1000 of selected basis. Declarations $ 3.00

MDGL 1009 08 11 Page 1 of 1


IL 00 21 09 08

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NUCLEAR ENERGY LIABILITY EXCLUSION


ENDORSEMENT
(Broad Form)

This endorsement modifies insurance provided under the following:

COMMERCIAL AUTOMOBILE COVERAGE PART


COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY

1. The insurance does not apply: C. Under any Liability Coverage, to "bodily injury"
A. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard-
or "property damage": ous properties" of "nuclear material", if:
(1) With respect to which an "insured" under (1) The "nuclear material" (a) is at any "nuclear
the policy is also an insured under a nu- facility" owned by, or operated by or on be-
clear energy liability policy issued by Nu- half of, an "insured" or (b) has been dis-
clear Energy Liability Insurance Associa- charged or dispersed therefrom;
tion, Mutual Atomic Energy Liability (2) The "nuclear material" is contained in
Underwriters, Nuclear Insurance Associa- "spent fuel" or "waste" at any time pos-
tion of Canada or any of their successors, sessed, handled, used, processed, stored,
or would be an insured under any such pol- transported or disposed of, by or on behalf
icy but for its termination upon exhaustion of an "insured"; or
of its limit of liability; or (3) The "bodily injury" or "property damage"
(2) Resulting from the "hazardous properties" arises out of the furnishing by an "insured"
of "nuclear material" and with respect to of services, materials, parts or equipment in
which (a) any person or organization is re- connection with the planning, construction,
quired to maintain financial protection pur- maintenance, operation or use of any "nu-
suant to the Atomic Energy Act of 1954, or clear facility", but if such facility is located
any law amendatory thereof, or (b) the "in- within the United States of America, its terri-
sured" is, or had this policy not been issued tories or possessions or Canada, this ex-
would be, entitled to indemnity from the clusion (3) applies only to "property dam-
United States of America, or any agency age" to such "nuclear facility" and any
thereof, under any agreement entered into property thereat.
by the United States of America, or any 2. As used in this endorsement:
agency thereof, with any person or organi-
zation. "Hazardous properties" includes radioactive, toxic
or explosive properties.
B. Under any Medical Payments coverage, to
expenses incurred with respect to "bodily in- "Nuclear material" means "source material", "spe-
jury" resulting from the "hazardous properties" cial nuclear material" or "by-product material".
of "nuclear material" and arising out of the op-
eration of a "nuclear facility" by any person or
organization.

IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 ❏


"Source material", "special nuclear material", and (c) Any equipment or device used for the proc-
"by-product material" have the meanings given essing, fabricating or alloying of "special
them in the Atomic Energy Act of 1954 or in any nuclear material" if at any time the total
law amendatory thereof. amount of such material in the custody of
"Spent fuel" means any fuel element or fuel com- the "insured" at the premises where such
ponent, solid or liquid, which has been used or ex- equipment or device is located consists of
posed to radiation in a "nuclear reactor". or contains more than 25 grams of pluto-
nium or uranium 233 or any combination
"Waste" means any waste material (a) containing thereof, or more than 250 grams of uranium
"by-product material" other than the tailings or 235;
wastes produced by the extraction or concentra-
tion of uranium or thorium from any ore processed (d) Any structure, basin, excavation, premises
primarily for its "source material" content, and (b) or place prepared or used for the storage or
resulting from the operation by any person or or- disposal of "waste";
ganization of any "nuclear facility" included under and includes the site on which any of the foregoing
the first two paragraphs of the definition of "nu- is located, all operations conducted on such site
clear facility". and all premises used for such operations.
"Nuclear facility" means: "Nuclear reactor" means any apparatus designed
(a) Any "nuclear reactor"; or used to sustain nuclear fission in a self-
supporting chain reaction or to contain a critical
(b) Any equipment or device designed or used mass of fissionable material.
for (1) separating the isotopes of uranium or
plutonium, (2) processing or utilizing "spent "Property damage" includes all forms of radioac-
fuel", or (3) handling, processing or packag- tive contamination of property.
ing "waste";

Page 2 of 2 © ISO Properties, Inc., 2007 IL 00 21 09 08 ❏


IL 02 76 09 08

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

IOWA CHANGES – CANCELLATION AND NONRENEWAL


This endorsement modifies insurance provided under the following:

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART


COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART
MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. The Cancellation Common Policy Condition is c. If this policy has been in effect for 60 days
replaced by the following: or more, or is a renewal of a policy we is-
CANCELLATION sued, we may cancel only for one or more
of the following reasons:
1. The first Named Insured shown in the Declara-
tions may cancel this policy by mailing or deliv- (1) Nonpayment of premium;
ering to us advance written notice of cancella- (2) Misrepresentation or fraud made by or
tion. with your knowledge in obtaining the
2. Cancellation Requirements policy, when renewing the policy, or in
presenting a claim under the policy;
a. We may cancel this policy, by mailing or de-
livering to the first Named Insured and any (3) Acts or omissions by you that substan-
loss payee written notice of cancellation at tially change or increase the risk in-
least: sured;
(1) 30 days before the effective date of can- (4) Determination by the Commissioner that
cellation if we cancel due to loss of rein- the continuation of the policy would
surance coverage; jeopardize our solvency or would place
us in violation of the insurance laws of
(2) 10 days before the effective date of can- this or any other state;
cellation if we cancel for any other rea-
son. (5) You have acted in a manner which you
knew or should have known was in vio-
b. If this policy is a new policy and has been in lation or breach of a policy term or con-
effect for less than 60 days, we may cancel dition; or
for:
(6) Loss of reinsurance, subject to d. below.
(1) Loss of reinsurance, subject to d. below;
or d. We may cancel due to loss of reinsurance
which provides coverage to us for a signifi-
(2) Any other reason. cant portion of the underlying risk insured,
but only if the Commissioner determines
that such cancellation is justified.

IL 02 76 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 ❏


3. We will mail or deliver our notice to the first B. The following is added and supersedes any other
Named Insured's and any loss payee's last provision to the contrary:
mailing address known to us. NONRENEWAL
4. Notice of cancellation will state: 1. If we decide not to renew this policy, we will
a. The reason for cancellation; and mail or deliver written notice of nonrenewal to
b. The effective date of cancellation. The poli- the first Named Insured and any loss payee at
cy period will end on that date. least 45 days before the expiration date of this
policy, except if:
5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we a. We have offered to issue a renewal policy;
cancel, the refund will be pro rata. If the first or
Named Insured cancels, the refund may be b. You have failed to pay a premium due or
less than pro rata. The cancellation will be ef- any advance premium required by us for re-
fective even if we have not made or offered a newal.
refund. 2. If notice is mailed, a post office department
6. If notice is mailed, a post office department certificate of mailing is proof of receipt of no-
certificate of mailing is proof of receipt of no- tice.
tice. However, if cancellation is for nonpayment
of premium, a certificate of mailing is not re-
quired.

Page 2 of 2 © ISO Properties, Inc., 2007 IL 02 76 09 08 ❏


IL 02 82 09 08

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MISSISSIPPI CHANGES – CANCELLATION


AND NONRENEWAL
This endorsement modifies insurance provided under the following:

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART


COMMERCIAL AUTO COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
FARM COVERAGE PART
FARM UMBRELLA LIABILITY POLICY
LIQUOR LIABILITY COVERAGE PART
MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. Paragraph 7. is added to the Cancellation Com- g. If:


mon Policy Conditions: (1) The first Named Insured does not renew
7. If: this policy, we will notify the mortgage-
a. The first Named Insured cancels this policy, holder.
we will notify any named creditor loss pay- (2) We decide not to renew this policy, we
ee. will give written notice to the mortgage-
b. We cancel this policy, we will mail or deliver holder at least:
our written notice of cancellation to any (a) 10 days before an anniversary date
named creditor loss payee in the same or the expiration date of the policy, if
manner and at the same time as notification the nonrenewal is due to nonpay-
is given to the first Named Insured, as ment of premium; or
stated in this Condition. (b) 30 days before an anniversary date
The provisions of Paragraphs a. and b. above or the expiration date of the policy, if
do not apply to any mortgageholder. the nonrenewal is for any other rea-
B. Paragraphs f. and g. of the Mortgageholders son.
Condition, if any, are replaced by the following: We will notify the mortgageholder by
f. If: mailing or delivering the notice of nonre-
newal to the last mailing address known
(1) The first Named Insured cancels this to us. If notice is mailed, proof of mailing
policy, we will notify the mortgageholder. will be sufficient proof of notice.
(2) We cancel this policy, we will give writ- C. The following Condition is added and supersedes
ten notice to the mortgageholder at least any provision to the contrary:
30 days before the effective date of can-
cellation. NONRENEWAL
We will notify the mortgageholder by 1. If the first Named Insured does not renew this
mailing or delivering the cancellation no- policy, we will notify any named creditor loss
tice to the last mailing address known to payee.
us. If notice is mailed, proof of mailing
will be sufficient proof of notice.

IL 02 82 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 ❏


2. If we decide not to renew this policy, we will The provisions of Paragraphs 1. and 2. above do
mail or deliver written notice of nonrenewal to not apply to any mortgageholder.
the first Named Insured and any named cred- D. The requirements for notification of cancellation or
itor loss payee, at least: nonrenewal of this policy, as stated in Paragraphs
a. 10 days before the effective date of nonre- A., B. and C. above, supersede any other notifica-
newal, if the nonrenewal is due to nonpay- tion requirements to any named creditor loss pay-
ment of premium; or ee and any mortgageholder, stated in this policy,
b. 30 days before an anniversary date or the including any endorsement attached to the policy.
expiration date of the policy, if the nonre- E. Any named creditor loss payee and any mortgage-
newal is for any other reason. holder may elect not to receive notification of can-
We will notify the first Named Insured and any cellation or nonrenewal by providing us with a writ-
named creditor loss payee by mailing or deliv- ten release.
ering the notice of nonrenewal to the last mail-
ing address known to us. If notice is mailed,
proof of mailing will be sufficient proof of no-
tice.

Page 2 of 2 © ISO Properties, Inc., 2007 IL 02 82 09 08 ❏


INTERLINE

EVANSTON INSURANCE COMPANY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CHANGES – CIVIL UNION

All references to “spouse” or “family member” in any Coverage Part or policy form made part of this insurance shall
include a party to a civil union or domestic partnership law recognized under any applicable statute.

All other terms and conditions remain unchanged.

MEIL 1225 10 11 Page 1 of 1


INTERLINE

EVANSTON INSURANCE COMPANY


THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ALASKA POLICYHOLDER NOTICE


3 AAC 25.050

This policy is issued by a nonadmitted or surplus lines insurer. Insurance may only be purchased from nonadmitted
insurers if the full amount, kind, or class of insurance cannot be obtained from insurers who are admitted to do business
in the State of Alaska. Your broker or the surplus lines broker has determined that this was true on the date the policy
was placed. Before issuing a renewal policy or extending this policy, remarketing is required. To avoid intentional or
unintentional extension of coverage in the surplus lines market when an admitted market for that coverage exists, a
nonadmitted insurer is prohibited from the automatic renewal or extension of a policy without remarketing by your broker
or the surplus lines broker.
In order to comply with the Alaska Administrative Code, the following notice is given:
You are hereby notified that, under 3 AAC 25.050, your policy will terminate effective no later than the date
and time of its expiration. We reserve the right to cancel this policy sooner than the expiration date by
giving you notice of cancellation as required in AS 21.36.220. You may request through your broker that a
new policy from the surplus lines broker be concurrent with the effective date of the termination of this
policy.
You are also notified that a new policy, if issued by us, is subject to rerating, which may result in a
premium increase of more than ten percent (10%). As required by 3 AAC 25.050, you are hereby notified
that any subsequent policy issued by us may be subject to a ten percent (10%) or more increase in
premium. The actual premium will be based upon rates that apply at the time a subsequent policy, if any,
is issued and will be made available to you before the effective date of the new policy, or the date
subsequent coverage is bound, whichever occurs first.

MPIL 1004-AK 02 10 Page 1 of 1


COMMERCIAL GENERAL LIABILITY
CG 00 01 04 13

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

Various provisions in this policy restrict coverage. (2) The "bodily injury" or "property damage"
Read the entire policy carefully to determine rights, occurs during the policy period; and
duties and what is and is not covered.
(3) Prior to the policy period, no insured listed
Throughout this policy the words "you" and "your" under Paragraph 1. of Section II – Who Is
refer to the Named Insured shown in the An Insured and no "employee" authorized
Declarations, and any other person or organization by you to give or receive notice of an
qualifying as a Named Insured under this policy. The "occurrence" or claim, knew that the "bodily
words "we", "us" and "our" refer to the company injury" or "property damage" had occurred,
providing this insurance. in whole or in part. If such a listed insured
The word "insured" means any person or organization or authorized "employee" knew, prior to the
qualifying as such under Section II – Who Is An policy period, that the "bodily injury" or
Insured. "property damage" occurred, then any
continuation, change or resumption of such
Other words and phrases that appear in quotation "bodily injury" or "property damage" during
marks have special meaning. Refer to Section V or after the policy period will be deemed to
–Definitions. have been known prior to the policy period.
SECTION I – COVERAGES c. "Bodily injury" or "property damage" which
COVERAGE A – BODILY INJURY AND PROPERTY occurs during the policy period and was not,
DAMAGE LIABILITY prior to the policy period, known to have
1. Insuring Agreement occurred by any insured listed under
Paragraph 1. of Section II – Who Is An Insured
a. We will pay those sums that the insured or any "employee" authorized by you to give or
becomes legally obligated to pay as damages receive notice of an "occurrence" or claim,
because of "bodily injury" or "property damage" includes any continuation, change or
to which this insurance applies. We will have resumption of that "bodily injury" or "property
the right and duty to defend the insured against damage" after the end of the policy period.
any "suit" seeking those damages. However,
we will have no duty to defend the insured d. "Bodily injury" or "property damage" will be
against any "suit" seeking damages for "bodily deemed to have been known to have occurred
injury" or "property damage" to which this at the earliest time when any insured listed
insurance does not apply. We may, at our under Paragraph 1. of Section II – Who Is An
discretion, investigate any "occurrence" and Insured or any "employee" authorized by you
settle any claim or "suit" that may result. But: to give or receive notice of an "occurrence" or
claim:
(1) The amount we will pay for damages is
limited as described in Section III – Limits (1) Reports all, or any part, of the "bodily
Of Insurance; and injury" or "property damage" to us or any
other insurer;
(2) Our right and duty to defend ends when we
have used up the applicable limit of (2) Receives a written or verbal demand or
insurance in the payment of judgments or claim for damages because of the "bodily
settlements under Coverages A or B or injury" or "property damage"; or
medical expenses under Coverage C. (3) Becomes aware by any other means that
No other obligation or liability to pay sums or "bodily injury" or "property damage" has
perform acts or services is covered unless occurred or has begun to occur.
explicitly provided for under Supplementary e. Damages because of "bodily injury" include
Payments – Coverages A and B. damages claimed by any person or
b. This insurance applies to "bodily injury" and organization for care, loss of services or death
"property damage" only if: resulting at any time from the "bodily injury".
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes place
in the "coverage territory";

CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 16


2. Exclusions This exclusion applies even if the claims
against any insured allege negligence or other
This insurance does not apply to:
wrongdoing in:
a. Expected Or Intended Injury
(a) The supervision, hiring, employment,
"Bodily injury" or "property damage" expected training or monitoring of others by that
or intended from the standpoint of the insured. insured; or
This exclusion does not apply to "bodily injury"
resulting from the use of reasonable force to
(b) Providing or failing to provide
transportation with respect to any
protect persons or property.
person that may be under the influence
b. Contractual Liability of alcohol;
"Bodily injury" or "property damage" for which if the "occurrence" which caused the "bodily
the insured is obligated to pay damages by injury" or "property damage", involved that
reason of the assumption of liability in a which is described in Paragraph (1), (2) or (3)
contract or agreement. This exclusion does not above.
apply to liability for damages:
However, this exclusion applies only if you are
(1) That the insured would have in the absence in the business of manufacturing, distributing,
of the contract or agreement; or selling, serving or furnishing alcoholic
(2) Assumed in a contract or agreement that is beverages. For the purposes of this exclusion,
an "insured contract", provided the "bodily permitting a person to bring alcoholic
injury" or "property damage" occurs beverages on your premises, for consumption
subsequent to the execution of the contract on your premises, whether or not a fee is
or agreement. Solely for the purposes of charged or a license is required for such
liability assumed in an "insured contract", activity, is not by itself considered the business
reasonable attorneys' fees and necessary of selling, serving or furnishing alcoholic
litigation expenses incurred by or for a party beverages.
other than an insured are deemed to be d. Workers' Compensation And Similar Laws
damages because of "bodily injury" or
Any obligation of the insured under a workers'
"property damage", provided:
compensation, disability benefits or
(a) Liability to such party for, or for the cost unemployment compensation law or any
of, that party's defense has also been similar law.
assumed in the same "insured contract";
and
e. Employer's Liability
"Bodily injury" to:
(b) Such attorneys' fees and litigation
expenses are for defense of that party (1) An "employee" of the insured arising out of
against a civil or alternative dispute and in the course of:
resolution proceeding in which damages (a) Employment by the insured; or
to which this insurance applies are
alleged. (b) Performing duties related to the conduct
of the insured's business; or
c. Liquor Liability
(2) The spouse, child, parent, brother or sister
"Bodily injury" or "property damage" for which of that "employee" as a consequence of
any insured may be held liable by reason of: Paragraph (1) above.
(1) Causing or contributing to the intoxication of This exclusion applies whether the insured may
any person; be liable as an employer or in any other
(2) The furnishing of alcoholic beverages to a capacity and to any obligation to share
person under the legal drinking age or damages with or repay someone else who
under the influence of alcohol; or must pay damages because of the injury.
(3) Any statute, ordinance or regulation relating This exclusion does not apply to liability
to the sale, gift, distribution or use of assumed by the insured under an "insured
alcoholic beverages. contract".

Page 2 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13


f. Pollution (d) At or from any premises, site or location
(1) "Bodily injury" or "property damage" arising on which any insured or any contractors
out of the actual, alleged or threatened or subcontractors working directly or
discharge, dispersal, seepage, migration, indirectly on any insured's behalf are
release or escape of "pollutants": performing operations if the "pollutants"
are brought on or to the premises, site
(a) At or from any premises, site or location or location in connection with such
which is or was at any time owned or operations by such insured, contractor
occupied by, or rented or loaned to, any or subcontractor. However, this
insured. However, this subparagraph subparagraph does not apply to:
does not apply to:
(i) "Bodily injury" or "property damage"
(i) "Bodily injury" if sustained within a arising out of the escape of fuels,
building and caused by smoke, lubricants or other operating fluids
fumes, vapor or soot produced by or which are needed to perform the
originating from equipment that is normal electrical, hydraulic or
used to heat, cool or dehumidify the mechanical functions necessary for
building, or equipment that is used to the operation of "mobile equipment"
heat water for personal use, by the or its parts, if such fuels, lubricants
building's occupants or their guests; or other operating fluids escape from
(ii) "Bodily injury" or "property damage" a vehicle part designed to hold, store
for which you may be held liable, if or receive them. This exception does
you are a contractor and the owner not apply if the "bodily injury" or
or lessee of such premises, site or "property damage" arises out of the
location has been added to your intentional discharge, dispersal or
policy as an additional insured with release of the fuels, lubricants or
respect to your ongoing operations other operating fluids, or if such
performed for that additional insured fuels, lubricants or other operating
at that premises, site or location and fluids are brought on or to the
such premises, site or location is not premises, site or location with the
and never was owned or occupied intent that they be discharged,
by, or rented or loaned to, any dispersed or released as part of the
insured, other than that additional operations being performed by such
insured; or insured, contractor or subcontractor;
(iii) "Bodily injury" or "property damage" (ii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes sustained within a building and
from a "hostile fire"; caused by the release of gases,
fumes or vapors from materials
(b) At or from any premises, site or location
brought into that building in
which is or was at any time used by or
connection with operations being
for any insured or others for the
performed by you or on your behalf
handling, storage, disposal, processing
or treatment of waste; by a contractor or subcontractor; or

(c) Which are or were at any time (iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
transported, handled, stored, treated,
from a "hostile fire".
disposed of, or processed as waste by
or for: (e) At or from any premises, site or location
on which any insured or any contractors
(i) Any insured; or
or subcontractors working directly or
(ii) Any person or organization for whom indirectly on any insured's behalf are
you may be legally responsible; or performing operations if the operations
are to test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, "pollutants".

CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 16


(2) Any loss, cost or expense arising out of (5) "Bodily injury" or "property damage" arising
any: out of:
(a) Request, demand, order or statutory or (a) The operation of machinery or
regulatory requirement that any insured equipment that is attached to, or part of,
or others test for, monitor, clean up, a land vehicle that would qualify under
remove, contain, treat, detoxify or the definition of "mobile equipment" if it
neutralize, or in any way respond to, or were not subject to a compulsory or
assess the effects of, "pollutants"; or financial responsibility law or other
(b) Claim or suit by or on behalf of a motor vehicle insurance law where it is
governmental authority for damages licensed or principally garaged; or
because of testing for, monitoring, (b) The operation of any of the machinery
cleaning up, removing, containing, or equipment listed in Paragraph f.(2) or
treating, detoxifying or neutralizing, or in f.(3) of the definition of "mobile
any way responding to, or assessing the equipment".
effects of, "pollutants". h. Mobile Equipment
However, this paragraph does not apply to "Bodily injury" or "property damage" arising out
liability for damages because of "property of:
damage" that the insured would have in the
absence of such request, demand, order or (1) The transportation of "mobile equipment" by
statutory or regulatory requirement, or such an "auto" owned or operated by or rented
claim or "suit" by or on behalf of a or loaned to any insured; or
governmental authority. (2) The use of "mobile equipment" in, or while
g. Aircraft, Auto Or Watercraft in practice for, or while being prepared for,
any prearranged racing, speed, demolition,
"Bodily injury" or "property damage" arising out or stunting activity.
of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or i. War
watercraft owned or operated by or rented or "Bodily injury" or "property damage", however
loaned to any insured. Use includes operation caused, arising, directly or indirectly, out of:
and "loading or unloading".
(1) War, including undeclared or civil war;
This exclusion applies even if the claims
(2) Warlike action by a military force, including
against any insured allege negligence or other
action in hindering or defending against an
wrongdoing in the supervision, hiring,
actual or expected attack, by any
employment, training or monitoring of others by
government, sovereign or other authority
that insured, if the "occurrence" which caused
using military personnel or other agents; or
the "bodily injury" or "property damage"
involved the ownership, maintenance, use or (3) Insurrection, rebellion, revolution, usurped
entrustment to others of any aircraft, "auto" or power, or action taken by governmental
watercraft that is owned or operated by or authority in hindering or defending against
rented or loaned to any insured. any of these.
This exclusion does not apply to: j. Damage To Property
(1) A watercraft while ashore on premises you "Property damage" to:
own or rent; (1) Property you own, rent, or occupy,
(2) A watercraft you do not own that is: including any costs or expenses incurred by
you, or any other person, organization or
(a) Less than 26 feet long; and entity, for repair, replacement,
(b) Not being used to carry persons or enhancement, restoration or maintenance
property for a charge; of such property for any reason, including
(3) Parking an "auto" on, or on the ways next prevention of injury to a person or damage
to, premises you own or rent, provided the to another's property;
"auto" is not owned by or rented or loaned (2) Premises you sell, give away or abandon, if
to you or the insured; the "property damage" arises out of any
(4) Liability assumed under any "insured part of those premises;
contract" for the ownership, maintenance or (3) Property loaned to you;
use of aircraft or watercraft; or

Page 4 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13


(4) Personal property in the care, custody or This exclusion does not apply to the loss of use
control of the insured; of other property arising out of sudden and
(5) That particular part of real property on accidental physical injury to "your product" or
which you or any contractors or "your work" after it has been put to its intended
use.
subcontractors working directly or indirectly
on your behalf are performing operations, if n. Recall Of Products, Work Or Impaired
the "property damage" arises out of those Property
operations; or Damages claimed for any loss, cost or
(6) That particular part of any property that expense incurred by you or others for the loss
must be restored, repaired or replaced of use, withdrawal, recall, inspection, repair,
because "your work" was incorrectly replacement, adjustment, removal or disposal
performed on it. of:
Paragraphs (1), (3) and (4) of this exclusion do (1) "Your product";
not apply to "property damage" (other than (2) "Your work"; or
damage by fire) to premises, including the
contents of such premises, rented to you for a (3) "Impaired property";
period of seven or fewer consecutive days. A if such product, work, or property is withdrawn
separate limit of insurance applies to Damage or recalled from the market or from use by any
To Premises Rented To You as described in person or organization because of a known or
Section III – Limits Of Insurance. suspected defect, deficiency, inadequacy or
Paragraph (2) of this exclusion does not apply dangerous condition in it.
if the premises are "your work" and were never o. Personal And Advertising Injury
occupied, rented or held for rental by you. "Bodily injury" arising out of "personal and
Paragraphs (3), (4), (5) and (6) of this advertising injury".
exclusion do not apply to liability assumed p. Electronic Data
under a sidetrack agreement.
Damages arising out of the loss of, loss of use
Paragraph (6) of this exclusion does not apply of, damage to, corruption of, inability to access,
to "property damage" included in the or inability to manipulate electronic data.
"products-completed operations hazard".
However, this exclusion does not apply to
k. Damage To Your Product liability for damages because of "bodily injury".
"Property damage" to "your product" arising out As used in this exclusion, electronic data
of it or any part of it. means information, facts or programs stored
l. Damage To Your Work as or on, created or used on, or transmitted to
"Property damage" to "your work" arising out of or from computer software, including systems
it or any part of it and included in the and applications software, hard or floppy disks,
"products-completed operations hazard". CD-ROMs, tapes, drives, cells, data
processing devices or any other media which
This exclusion does not apply if the damaged are used with electronically controlled
work or the work out of which the damage equipment.
arises was performed on your behalf by a
subcontractor. q. Recording And Distribution Of Material Or
Information In Violation Of Law
m. Damage To Impaired Property Or Property
Not Physically Injured "Bodily injury" or "property damage" arising
directly or indirectly out of any action or
"Property damage" to "impaired property" or omission that violates or is alleged to violate:
property that has not been physically injured,
arising out of: (1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
(1) A defect, deficiency, inadequacy or addition to such law;
dangerous condition in "your product" or
"your work"; or (2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law;
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or (3) The Fair Credit Reporting Act (FCRA), and
agreement in accordance with its terms. any amendment of or addition to such law,
including the Fair and Accurate Credit
Transactions Act (FACTA); or

CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 16


(4) Any federal, state or local statute, 2. Exclusions
ordinance or regulation, other than the This insurance does not apply to:
TCPA, CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that a. Knowing Violation Of Rights Of Another
addresses, prohibits, or limits the printing, "Personal and advertising injury" caused by or
dissemination, disposal, collecting, at the direction of the insured with the
recording, sending, transmitting, knowledge that the act would violate the rights
communicating or distribution of material or of another and would inflict "personal and
information. advertising injury".
Exclusions c. through n. do not apply to damage b. Material Published With Knowledge Of
by fire to premises while rented to you or Falsity
temporarily occupied by you with permission of the "Personal and advertising injury" arising out of
owner. A separate limit of insurance applies to this
oral or written publication, in any manner, of
coverage as described in Section III – Limits Of
material, if done by or at the direction of the
Insurance.
insured with knowledge of its falsity.
COVERAGE B – PERSONAL AND ADVERTISING c. Material Published Prior To Policy Period
INJURY LIABILITY
"Personal and advertising injury" arising out of
1. Insuring Agreement oral or written publication, in any manner, of
a. We will pay those sums that the insured material whose first publication took place
becomes legally obligated to pay as damages before the beginning of the policy period.
because of "personal and advertising injury" to
d. Criminal Acts
which this insurance applies. We will have the
right and duty to defend the insured against "Personal and advertising injury" arising out of
any "suit" seeking those damages. However, a criminal act committed by or at the direction
we will have no duty to defend the insured of the insured.
against any "suit" seeking damages for e. Contractual Liability
"personal and advertising injury" to which this
"Personal and advertising injury" for which the
insurance does not apply. We may, at our
insured has assumed liability in a contract or
discretion, investigate any offense and settle
agreement. This exclusion does not apply to
any claim or "suit" that may result. But:
liability for damages that the insured would
(1) The amount we will pay for damages is have in the absence of the contract or
limited as described in Section III – Limits agreement.
Of Insurance; and
f. Breach Of Contract
(2) Our right and duty to defend end when we
"Personal and advertising injury" arising out of
have used up the applicable limit of
a breach of contract, except an implied
insurance in the payment of judgments or
contract to use another's advertising idea in
settlements under Coverages A or B or
your "advertisement".
medical expenses under Coverage C.
No other obligation or liability to pay sums or
g. Quality Or Performance Of Goods – Failure
perform acts or services is covered unless
To Conform To Statements
explicitly provided for under Supplementary "Personal and advertising injury" arising out of
Payments – Coverages A and B. the failure of goods, products or services to
conform with any statement of quality or
b. This insurance applies to "personal and
performance made in your "advertisement".
advertising injury" caused by an offense arising
out of your business but only if the offense was h. Wrong Description Of Prices
committed in the "coverage territory" during the "Personal and advertising injury" arising out of
policy period. the wrong description of the price of goods,
products or services stated in your
"advertisement".

Page 6 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13


i. Infringement Of Copyright, Patent, n. Pollution-related
Trademark Or Trade Secret Any loss, cost or expense arising out of any:
"Personal and advertising injury" arising out of (1) Request, demand, order or statutory or
the infringement of copyright, patent, regulatory requirement that any insured or
trademark, trade secret or other intellectual others test for, monitor, clean up, remove,
property rights. Under this exclusion, such contain, treat, detoxify or neutralize, or in
other intellectual property rights do not include any way respond to, or assess the effects
the use of another's advertising idea in your of, "pollutants"; or
"advertisement".
(2) Claim or suit by or on behalf of a
However, this exclusion does not apply to governmental authority for damages
infringement, in your "advertisement", of because of testing for, monitoring, cleaning
copyright, trade dress or slogan. up, removing, containing, treating,
j. Insureds In Media And Internet Type detoxifying or neutralizing, or in any way
Businesses responding to, or assessing the effects of,
"Personal and advertising injury" committed by "pollutants".
an insured whose business is: o. War
(1) Advertising, broadcasting, publishing or "Personal and advertising injury", however
telecasting; caused, arising, directly or indirectly, out of:
(2) Designing or determining content of web (1) War, including undeclared or civil war;
sites for others; or (2) Warlike action by a military force, including
(3) An Internet search, access, content or action in hindering or defending against an
service provider. actual or expected attack, by any
However, this exclusion does not apply to government, sovereign or other authority
Paragraphs 14.a., b. and c. of "personal and using military personnel or other agents; or
advertising injury" under the Definitions (3) Insurrection, rebellion, revolution, usurped
section. power, or action taken by governmental
For the purposes of this exclusion, the placing authority in hindering or defending against
of frames, borders or links, or advertising, for any of these.
you or others anywhere on the Internet, is not p. Recording And Distribution Of Material Or
by itself, considered the business of Information In Violation Of Law
advertising, broadcasting, publishing or "Personal and advertising injury" arising
telecasting. directly or indirectly out of any action or
k. Electronic Chatrooms Or Bulletin Boards omission that violates or is alleged to violate:
"Personal and advertising injury" arising out of (1) The Telephone Consumer Protection Act
an electronic chatroom or bulletin board the (TCPA), including any amendment of or
insured hosts, owns, or over which the insured addition to such law;
exercises control. (2) The CAN-SPAM Act of 2003, including any
l. Unauthorized Use Of Another's Name Or amendment of or addition to such law;
Product (3) The Fair Credit Reporting Act (FCRA), and
"Personal and advertising injury" arising out of any amendment of or addition to such law,
the unauthorized use of another's name or including the Fair and Accurate Credit
product in your e-mail address, domain name Transactions Act (FACTA); or
or metatag, or any other similar tactics to (4) Any federal, state or local statute,
mislead another's potential customers. ordinance or regulation, other than the
m. Pollution TCPA, CAN-SPAM Act of 2003 or FCRA
"Personal and advertising injury" arising out of and their amendments and additions, that
the actual, alleged or threatened discharge, addresses, prohibits, or limits the printing,
dispersal, seepage, migration, release or dissemination, disposal, collecting,
escape of "pollutants" at any time. recording, sending, transmitting,
communicating or distribution of material or
information.

CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 7 of 16


COVERAGE C – MEDICAL PAYMENTS d. Workers' Compensation And Similar Laws
1. Insuring Agreement To a person, whether or not an "employee" of
a. We will pay medical expenses as described any insured, if benefits for the "bodily injury"
below for "bodily injury" caused by an accident: are payable or must be provided under a
workers' compensation or disability benefits
(1) On premises you own or rent; law or a similar law.
(2) On ways next to premises you own or rent; e. Athletics Activities
or
To a person injured while practicing, instructing
(3) Because of your operations; or participating in any physical exercises or
provided that: games, sports, or athletic contests.
(a) The accident takes place in the f. Products-Completed Operations Hazard
"coverage territory" and during the Included within the "products-completed
policy period; operations hazard".
(b) The expenses are incurred and reported g. Coverage A Exclusions
to us within one year of the date of the
accident; and Excluded under Coverage A.
(c) The injured person submits to SUPPLEMENTARY PAYMENTS – COVERAGES A
examination, at our expense, by AND B
physicians of our choice as often as we 1. We will pay, with respect to any claim we
reasonably require. investigate or settle, or any "suit" against an
b. We will make these payments regardless of insured we defend:
fault. These payments will not exceed the a. All expenses we incur.
applicable limit of insurance. We will pay b. Up to $250 for cost of bail bonds required
reasonable expenses for: because of accidents or traffic law violations
(1) First aid administered at the time of an arising out of the use of any vehicle to which
accident; the Bodily Injury Liability Coverage applies. We
(2) Necessary medical, surgical, X-ray and do not have to furnish these bonds.
dental services, including prosthetic c. The cost of bonds to release attachments, but
devices; and only for bond amounts within the applicable
(3) Necessary ambulance, hospital, limit of insurance. We do not have to furnish
professional nursing and funeral services. these bonds.
2. Exclusions d. All reasonable expenses incurred by the
insured at our request to assist us in the
We will not pay expenses for "bodily injury": investigation or defense of the claim or "suit",
a. Any Insured including actual loss of earnings up to $250 a
day because of time off from work.
To any insured, except "volunteer workers".
b. Hired Person e. All court costs taxed against the insured in the
"suit". However, these payments do not include
To a person hired to do work for or on behalf of attorneys' fees or attorneys' expenses taxed
any insured or a tenant of any insured. against the insured.
c. Injury On Normally Occupied Premises f. Prejudgment interest awarded against the
To a person injured on that part of premises insured on that part of the judgment we pay. If
you own or rent that the person normally we make an offer to pay the applicable limit of
occupies. insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.

Page 8 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13


g. All interest on the full amount of any judgment So long as the above conditions are met,
that accrues after entry of the judgment and attorneys' fees incurred by us in the defense of
before we have paid, offered to pay, or that indemnitee, necessary litigation expenses
deposited in court the part of the judgment that incurred by us and necessary litigation expenses
is within the applicable limit of insurance. incurred by the indemnitee at our request will be
paid as Supplementary Payments.
These payments will not reduce the limits of
Notwithstanding the provisions of Paragraph
insurance.
2.b.(2) of Section I – Coverage A – Bodily Injury
2. If we defend an insured against a "suit" and an And Property Damage Liability, such payments will
indemnitee of the insured is also named as a party not be deemed to be damages for "bodily injury"
to the "suit", we will defend that indemnitee if all of and "property damage" and will not reduce the
the following conditions are met: limits of insurance.
a. The "suit" against the indemnitee seeks Our obligation to defend an insured's indemnitee
damages for which the insured has assumed and to pay for attorneys' fees and necessary
the liability of the indemnitee in a contract or litigation expenses as Supplementary Payments
agreement that is an "insured contract"; ends when we have used up the applicable limit of
b. This insurance applies to such liability insurance in the payment of judgments or
assumed by the insured; settlements or the conditions set forth above, or
the terms of the agreement described in
c. The obligation to defend, or the cost of the Paragraph f. above, are no longer met.
defense of, that indemnitee, has also been
assumed by the insured in the same "insured SECTION II – WHO IS AN INSURED
contract"; 1. If you are designated in the Declarations as:
d. The allegations in the "suit" and the information a. An individual, you and your spouse are
we know about the "occurrence" are such that insureds, but only with respect to the conduct
no conflict appears to exist between the of a business of which you are the sole owner.
interests of the insured and the interests of the
indemnitee;
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
e. The indemnitee and the insured ask us to their spouses are also insureds, but only with
conduct and control the defense of that respect to the conduct of your business.
indemnitee against such "suit" and agree that
we can assign the same counsel to defend the
c. A limited liability company, you are an insured.
Your members are also insureds, but only with
insured and the indemnitee; and
respect to the conduct of your business. Your
f. The indemnitee: managers are insureds, but only with respect
(1) Agrees in writing to: to their duties as your managers.
(a) Cooperate with us in the investigation, d. An organization other than a partnership, joint
settlement or defense of the "suit"; venture or limited liability company, you are an
insured. Your "executive officers" and directors
(b) Immediately send us copies of any are insureds, but only with respect to their
demands, notices, summonses or legal
duties as your officers or directors. Your
papers received in connection with the
stockholders are also insureds, but only with
"suit";
respect to their liability as stockholders.
(c) Notify any other insurer whose coverage e. A trust, you are an insured. Your trustees are
is available to the indemnitee; and
also insureds, but only with respect to their
(d) Cooperate with us with respect to duties as trustees.
coordinating other applicable insurance
available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suit".

CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 16


2. Each of the following is also an insured: c. Any person or organization having proper
a. Your "volunteer workers" only while performing temporary custody of your property if you die,
duties related to the conduct of your business, but only:
or your "employees", other than either your (1) With respect to liability arising out of the
"executive officers" (if you are an organization maintenance or use of that property; and
other than a partnership, joint venture or (2) Until your legal representative has been
limited liability company) or your managers (if appointed.
you are a limited liability company), but only for
acts within the scope of their employment by d. Your legal representative if you die, but only
you or while performing duties related to the with respect to duties as such. That
conduct of your business. However, none of representative will have all your rights and
these "employees" or "volunteer workers" are duties under this Coverage Part.
insureds for: 3. Any organization you newly acquire or form, other
(1) "Bodily injury" or "personal and advertising than a partnership, joint venture or limited liability
injury": company, and over which you maintain ownership
or majority interest, will qualify as a Named
(a) To you, to your partners or members (if Insured if there is no other similar insurance
you are a partnership or joint venture), available to that organization. However:
to your members (if you are a limited
liability company), to a co-"employee" a. Coverage under this provision is afforded only
while in the course of his or her until the 90th day after you acquire or form the
employment or performing duties related organization or the end of the policy period,
to the conduct of your business, or to whichever is earlier;
your other "volunteer workers" while b. Coverage A does not apply to "bodily injury" or
performing duties related to the conduct "property damage" that occurred before you
of your business; acquired or formed the organization; and
(b) To the spouse, child, parent, brother or c. Coverage B does not apply to "personal and
sister of that co-"employee" or advertising injury" arising out of an offense
"volunteer worker" as a consequence of committed before you acquired or formed the
Paragraph (1)(a) above; organization.
(c) For which there is any obligation to No person or organization is an insured with respect
share damages with or repay someone to the conduct of any current or past partnership, joint
else who must pay damages because of venture or limited liability company that is not shown
the injury described in Paragraph (1)(a) as a Named Insured in the Declarations.
or (b) above; or
SECTION III – LIMITS OF INSURANCE
(d) Arising out of his or her providing or 1. The Limits of Insurance shown in the Declarations
failing to provide professional health
and the rules below fix the most we will pay
care services.
regardless of the number of:
(2) "Property damage" to property: a. Insureds;
(a) Owned, occupied or used by; b. Claims made or "suits" brought; or
(b) Rented to, in the care, custody or c. Persons or organizations making claims or
control of, or over which physical control
bringing "suits".
is being exercised for any purpose by;
2. The General Aggregate Limit is the most we will
you, any of your "employees", "volunteer
pay for the sum of:
workers", any partner or member (if you are
a partnership or joint venture), or any a. Medical expenses under Coverage C;
member (if you are a limited liability b. Damages under Coverage A, except damages
company). because of "bodily injury" or "property damage"
b. Any person (other than your "employee" or included in the "products-completed operations
"volunteer worker"), or any organization while hazard"; and
acting as your real estate manager. c. Damages under Coverage B.

Page 10 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13


3. The Products-Completed Operations Aggregate (3) The nature and location of any injury or
Limit is the most we will pay under Coverage A for damage arising out of the "occurrence" or
damages because of "bodily injury" and "property offense.
damage" included in the "products-completed b. If a claim is made or "suit" is brought against
operations hazard". any insured, you must:
4. Subject to Paragraph 2. above, the Personal And (1) Immediately record the specifics of the
Advertising Injury Limit is the most we will pay claim or "suit" and the date received; and
under Coverage B for the sum of all damages
because of all "personal and advertising injury" (2) Notify us as soon as practicable.
sustained by any one person or organization. You must see to it that we receive written
5. Subject to Paragraph 2. or 3. above, whichever notice of the claim or "suit" as soon as
applies, the Each Occurrence Limit is the most we practicable.
will pay for the sum of: c. You and any other involved insured must:
a. Damages under Coverage A; and (1) Immediately send us copies of any
b. Medical expenses under Coverage C demands, notices, summonses or legal
papers received in connection with the
because of all "bodily injury" and "property claim or "suit";
damage" arising out of any one "occurrence".
(2) Authorize us to obtain records and other
6. Subject to Paragraph 5. above, the Damage To information;
Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of (3) Cooperate with us in the investigation or
"property damage" to any one premises, while settlement of the claim or defense against
rented to you, or in the case of damage by fire, the "suit"; and
while rented to you or temporarily occupied by you (4) Assist us, upon our request, in the
with permission of the owner. enforcement of any right against any
7. Subject to Paragraph 5. above, the Medical person or organization which may be liable
Expense Limit is the most we will pay under to the insured because of injury or damage
Coverage C for all medical expenses because of to which this insurance may also apply.
"bodily injury" sustained by any one person. d. No insured will, except at that insured's own
The Limits of Insurance of this Coverage Part apply cost, voluntarily make a payment, assume any
separately to each consecutive annual period and to obligation, or incur any expense, other than for
any remaining period of less than 12 months, starting first aid, without our consent.
with the beginning of the policy period shown in the 3. Legal Action Against Us
Declarations, unless the policy period is extended
No person or organization has a right under this
after issuance for an additional period of less than 12
Coverage Part:
months. In that case, the additional period will be
deemed part of the last preceding period for purposes a. To join us as a party or otherwise bring us into
of determining the Limits of Insurance. a "suit" asking for damages from an insured; or
SECTION IV – COMMERCIAL GENERAL LIABILITY b. To sue us on this Coverage Part unless all of
CONDITIONS its terms have been fully complied with.
1. Bankruptcy A person or organization may sue us to recover on
an agreed settlement or on a final judgment
Bankruptcy or insolvency of the insured or of the
against an insured; but we will not be liable for
insured's estate will not relieve us of our
damages that are not payable under the terms of
obligations under this Coverage Part.
this Coverage Part or that are in excess of the
2. Duties In The Event Of Occurrence, Offense, applicable limit of insurance. An agreed settlement
Claim Or Suit means a settlement and release of liability signed
a. You must see to it that we are notified as soon by us, the insured and the claimant or the
as practicable of an "occurrence" or an offense claimant's legal representative.
which may result in a claim. To the extent
possible, notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and

CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 11 of 16


4. Other Insurance (3) When this insurance is excess over other
If other valid and collectible insurance is available insurance, we will pay only our share of the
to the insured for a loss we cover under amount of the loss, if any, that exceeds the
Coverages A or B of this Coverage Part, our sum of:
obligations are limited as follows: (a) The total amount that all such other
a. Primary Insurance insurance would pay for the loss in the
absence of this insurance; and
This insurance is primary except when
Paragraph b. below applies. If this insurance is (b) The total of all deductible and
primary, our obligations are not affected unless self-insured amounts under all that other
any of the other insurance is also primary. insurance.
Then, we will share with all that other (4) We will share the remaining loss, if any,
insurance by the method described in with any other insurance that is not
Paragraph c. below. described in this Excess Insurance
b. Excess Insurance provision and was not bought specifically to
apply in excess of the Limits of Insurance
(1) This insurance is excess over: shown in the Declarations of this Coverage
(a) Any of the other insurance, whether Part.
primary, excess, contingent or on any c. Method Of Sharing
other basis:
If all of the other insurance permits contribution
(i) That is Fire, Extended Coverage, by equal shares, we will follow this method
Builder's Risk, Installation Risk or also. Under this approach each insurer
similar coverage for "your work"; contributes equal amounts until it has paid its
(ii) That is Fire insurance for premises applicable limit of insurance or none of the loss
rented to you or temporarily remains, whichever comes first.
occupied by you with permission of If any of the other insurance does not permit
the owner; contribution by equal shares, we will contribute
(iii) That is insurance purchased by you by limits. Under this method, each insurer's
to cover your liability as a tenant for share is based on the ratio of its applicable
"property damage" to premises limit of insurance to the total applicable limits of
rented to you or temporarily insurance of all insurers.
occupied by you with permission of 5. Premium Audit
the owner; or
a. We will compute all premiums for this
(iv) If the loss arises out of the Coverage Part in accordance with our rules
maintenance or use of aircraft, and rates.
"autos" or watercraft to the extent
not subject to Exclusion g. of Section b. Premium shown in this Coverage Part as
I – Coverage A – Bodily Injury And advance premium is a deposit premium only.
Property Damage Liability. At the close of each audit period we will
compute the earned premium for that period
(b) Any other primary insurance available to and send notice to the first Named Insured.
you covering liability for damages arising The due date for audit and retrospective
out of the premises or operations, or the premiums is the date shown as the due date
products and completed operations, for on the bill. If the sum of the advance and audit
which you have been added as an premiums paid for the policy period is greater
additional insured. than the earned premium, we will return the
(2) When this insurance is excess, we will have excess to the first Named Insured.
no duty under Coverages A or B to defend c. The first Named Insured must keep records of
the insured against any "suit" if any other the information we need for premium
insurer has a duty to defend the insured computation, and send us copies at such times
against that "suit". If no other insurer as we may request.
defends, we will undertake to do so, but we
will be entitled to the insured's rights 6. Representations
against all those other insurers. By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;

Page 12 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13


b. Those statements are based upon However, "auto" does not include "mobile
representations you made to us; and equipment".
c. We have issued this policy in reliance upon 3. "Bodily injury" means bodily injury, sickness or
your representations. disease sustained by a person, including death
resulting from any of these at any time.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
4. "Coverage territory" means:
any rights or duties specifically assigned in this a. The United States of America (including its
Coverage Part to the first Named Insured, this territories and possessions), Puerto Rico and
insurance applies: Canada;
a. As if each Named Insured were the only b. International waters or airspace, but only if the
Named Insured; and injury or damage occurs in the course of travel
b. Separately to each insured against whom claim or transportation between any places included
in Paragraph a. above; or
is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others c. All other parts of the world if the injury or
damage arises out of:
To Us
If the insured has rights to recover all or part of
(1) Goods or products made or sold by you in
the territory described in Paragraph a.
any payment we have made under this Coverage
above;
Part, those rights are transferred to us. The
insured must do nothing after loss to impair them. (2) The activities of a person whose home is in
At our request, the insured will bring "suit" or the territory described in Paragraph a.
transfer those rights to us and help us enforce above, but is away for a short time on your
them. business; or
9. When We Do Not Renew (3) "Personal and advertising injury" offenses
that take place through the Internet or
If we decide not to renew this Coverage Part, we
similar electronic means of communication;
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the provided the insured's responsibility to pay
nonrenewal not less than 30 days before the damages is determined in a "suit" on the merits, in
expiration date. the territory described in Paragraph a. above or in
a settlement we agree to.
If notice is mailed, proof of mailing will be sufficient
proof of notice. 5. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
SECTION V – DEFINITIONS
worker".
1. "Advertisement" means a notice that is broadcast
or published to the general public or specific
6. "Executive officer" means a person holding any of
the officer positions created by your charter,
market segments about your goods, products or
constitution, bylaws or any other similar governing
services for the purpose of attracting customers or
document.
supporters. For the purposes of this definition:
a. Notices that are published include material 7. "Hostile fire" means one which becomes
placed on the Internet or on similar electronic uncontrollable or breaks out from where it was
intended to be.
means of communication; and
b. Regarding web sites, only that part of a web 8. "Impaired property" means tangible property, other
than "your product" or "your work", that cannot be
site that is about your goods, products or
used or is less useful because:
services for the purposes of attracting
customers or supporters is considered an a. It incorporates "your product" or "your work"
advertisement. that is known or thought to be defective,
deficient, inadequate or dangerous; or
2. "Auto" means:
a. A land motor vehicle, trailer or semitrailer b. You have failed to fulfill the terms of a contract
or agreement;
designed for travel on public roads, including
any attached machinery or equipment; or if such property can be restored to use by the
repair, replacement, adjustment or removal of
b. Any other land vehicle that is subject to a
"your product" or "your work" or your fulfilling the
compulsory or financial responsibility law or
terms of the contract or agreement.
other motor vehicle insurance law where it is
licensed or principally garaged.

CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 16


9. "Insured contract" means: 10. "Leased worker" means a person leased to you by
a. A contract for a lease of premises. However, a labor leasing firm under an agreement between
that portion of the contract for a lease of you and the labor leasing firm, to perform duties
premises that indemnifies any person or related to the conduct of your business. "Leased
organization for damage by fire to premises worker" does not include a "temporary worker".
while rented to you or temporarily occupied by 11. "Loading or unloading" means the handling of
you with permission of the owner is not an property:
"insured contract"; a. After it is moved from the place where it is
b. A sidetrack agreement; accepted for movement into or onto an aircraft,
c. Any easement or license agreement, except in watercraft or "auto";
connection with construction or demolition b. While it is in or on an aircraft, watercraft or
operations on or within 50 feet of a railroad; "auto"; or
d. An obligation, as required by ordinance, to c. While it is being moved from an aircraft,
indemnify a municipality, except in connection watercraft or "auto" to the place where it is
with work for a municipality; finally delivered;
e. An elevator maintenance agreement; but "loading or unloading" does not include the
f. That part of any other contract or agreement movement of property by means of a mechanical
pertaining to your business (including an device, other than a hand truck, that is not
indemnification of a municipality in connection attached to the aircraft, watercraft or "auto".
with work performed for a municipality) under 12. "Mobile equipment" means any of the following
which you assume the tort liability of another types of land vehicles, including any attached
party to pay for "bodily injury" or "property machinery or equipment:
damage" to a third person or organization. Tort a. Bulldozers, farm machinery, forklifts and other
liability means a liability that would be imposed vehicles designed for use principally off public
by law in the absence of any contract or roads;
agreement.
b. Vehicles maintained for use solely on or next to
Paragraph f. does not include that part of any premises you own or rent;
contract or agreement:
c. Vehicles that travel on crawler treads;
(1) That indemnifies a railroad for "bodily injury"
or "property damage" arising out of d. Vehicles, whether self-propelled or not,
construction or demolition operations, within maintained primarily to provide mobility to
50 feet of any railroad property and permanently mounted:
affecting any railroad bridge or trestle, (1) Power cranes, shovels, loaders, diggers or
tracks, road-beds, tunnel, underpass or drills; or
crossing;
(2) Road construction or resurfacing equipment
(2) That indemnifies an architect, engineer or such as graders, scrapers or rollers;
surveyor for injury or damage arising out of:
e. Vehicles not described in Paragraph a., b., c.
(a) Preparing, approving, or failing to or d. above that are not self-propelled and are
prepare or approve, maps, shop maintained primarily to provide mobility to
drawings, opinions, reports, surveys, permanently attached equipment of the
field orders, change orders or drawings following types:
and specifications; or
(1) Air compressors, pumps and generators,
(b) Giving directions or instructions, or including spraying, welding, building
failing to give them, if that is the primary cleaning, geophysical exploration, lighting
cause of the injury or damage; or and well servicing equipment; or
(3) Under which the insured, if an architect, (2) Cherry pickers and similar devices used to
engineer or surveyor, assumes liability for raise or lower workers;
an injury or damage arising out of the
f. Vehicles not described in Paragraph a., b., c.
insured's rendering or failure to render
or d. above maintained primarily for purposes
professional services, including those listed
other than the transportation of persons or
in (2) above and supervisory, inspection,
cargo.
architectural or engineering activities.

Page 14 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13


However, self-propelled vehicles with the 16. "Products-completed operations hazard":
following types of permanently attached
a. Includes all "bodily injury" and "property
equipment are not "mobile equipment" but will damage" occurring away from premises you
be considered "autos": own or rent and arising out of "your product" or
(1) Equipment designed primarily for: "your work" except:
(a) Snow removal; (1) Products that are still in your physical
(b) Road maintenance, but not construction possession; or
or resurfacing; or (2) Work that has not yet been completed or
(c) Street cleaning; abandoned. However, "your work" will be
deemed completed at the earliest of the
(2) Cherry pickers and similar devices mounted following times:
on automobile or truck chassis and used to
raise or lower workers; and (a) When all of the work called for in your
contract has been completed.
(3) Air compressors, pumps and generators,
including spraying, welding, building (b) When all of the work to be done at the
cleaning, geophysical exploration, lighting job site has been completed if your
and well servicing equipment. contract calls for work at more than one
job site.
However, "mobile equipment" does not include
any land vehicles that are subject to a compulsory (c) When that part of the work done at a job
or financial responsibility law or other motor site has been put to its intended use by
vehicle insurance law where it is licensed or any person or organization other than
principally garaged. Land vehicles subject to a another contractor or subcontractor
compulsory or financial responsibility law or other working on the same project.
motor vehicle insurance law are considered Work that may need service, maintenance,
"autos". correction, repair or replacement, but which
13. "Occurrence" means an accident, including is otherwise complete, will be treated as
continuous or repeated exposure to substantially completed.
the same general harmful conditions. b. Does not include "bodily injury" or "property
14. "Personal and advertising injury" means injury, damage" arising out of:
including consequential "bodily injury", arising out (1) The transportation of property, unless the
of one or more of the following offenses: injury or damage arises out of a condition in
a. False arrest, detention or imprisonment; or on a vehicle not owned or operated by
you, and that condition was created by the
b. Malicious prosecution; "loading or unloading" of that vehicle by any
c. The wrongful eviction from, wrongful entry into, insured;
or invasion of the right of private occupancy of (2) The existence of tools, uninstalled
a room, dwelling or premises that a person equipment or abandoned or unused
occupies, committed by or on behalf of its materials; or
owner, landlord or lessor;
(3) Products or operations for which the
d. Oral or written publication, in any manner, of classification, listed in the Declarations or in
material that slanders or libels a person or a policy Schedule, states that
organization or disparages a person's or products-completed operations are subject
organization's goods, products or services; to the General Aggregate Limit.
e. Oral or written publication, in any manner, of 17. "Property damage" means:
material that violates a person's right of
privacy; a. Physical injury to tangible property, including all
resulting loss of use of that property. All such
f. The use of another's advertising idea in your loss of use shall be deemed to occur at the
"advertisement"; or time of the physical injury that caused it; or
g. Infringing upon another's copyright, trade dress b. Loss of use of tangible property that is not
or slogan in your "advertisement". physically injured. All such loss of use shall be
15. "Pollutants" mean any solid, liquid, gaseous or deemed to occur at the time of the
thermal irritant or contaminant, including smoke, "occurrence" that caused it.
vapor, soot, fumes, acids, alkalis, chemicals and For the purposes of this insurance, electronic data
waste. Waste includes materials to be recycled, is not tangible property.
reconditioned or reclaimed.

CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 16


As used in this definition, electronic data means b. Includes:
information, facts or programs stored as or on,
(1) Warranties or representations made at any
created or used on, or transmitted to or from time with respect to the fitness, quality,
computer software, including systems and durability, performance or use of "your
applications software, hard or floppy disks,
product"; and
CD-ROMs, tapes, drives, cells, data processing
devices or any other media which are used with (2) The providing of or failure to provide
electronically controlled equipment. warnings or instructions.
18. "Suit" means a civil proceeding in which damages c. Does not include vending machines or other
because of "bodily injury", "property damage" or property rented to or located for the use of
"personal and advertising injury" to which this others but not sold.
insurance applies are alleged. "Suit" includes: 22. "Your work":
a. An arbitration proceeding in which such a. Means:
damages are claimed and to which the insured
must submit or does submit with our consent;
(1) Work or operations performed by you or on
your behalf; and
or
b. Any other alternative dispute resolution
(2) Materials, parts or equipment furnished in
connection with such work or operations.
proceeding in which such damages are
claimed and to which the insured submits with b. Includes:
our consent. (1) Warranties or representations made at any
19. "Temporary worker" means a person who is time with respect to the fitness, quality,
furnished to you to substitute for a permanent durability, performance or use of "your
"employee" on leave or to meet seasonal or work"; and
short-term workload conditions. (2) The providing of or failure to provide
20. "Volunteer worker" means a person who is not warnings or instructions.
your "employee", and who donates his or her work
and acts at the direction of and within the scope of
duties determined by you, and is not paid a fee,
salary or other compensation by you or anyone
else for their work performed for you.
21. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose
business or assets you have acquired;
and
(2) Containers (other than vehicles), materials,
parts or equipment furnished in connection
with such goods or products.

Page 16 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13


COMMERCIAL GENERAL LIABILITY
CG 02 20 03 12

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

FLORIDA CHANGES –
CANCELLATION AND NONRENEWAL
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART


ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCT WITHDRAWAL COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. Paragraph 2. of the Cancellation Common Policy (2) The policy was obtained by a material
Condition is replaced by the following: misstatement;
2. Cancellation Of Policies In Effect (3) Failure to comply with underwriting
a. For 90 Days Or Less requirements established by the insurer
within 90 days of the effective date of
If this policy has been in effect for 90 days coverage;
or less, we may cancel this policy by
mailing or delivering to the first Named (4) A substantial change in the risk covered
Insured written notice of cancellation, by the policy; or
accompanied by the reasons for (5) The cancellation is for all insureds under
cancellation, at least: such policies for a given class of
(1) 10 days before the effective date of insureds.
cancellation if we cancel for nonpayment If we cancel this policy for any of these
of premium; or reasons, we will mail or deliver to the first
(2) 20 days before the effective date of Named Insured written notice of
cancellation if we cancel for any other cancellation, accompanied by the reasons
reason, except we may cancel for cancellation, at least:
immediately if there has been: (a) 10 days before the effective date of
(a) A material misstatement or cancellation if we cancel for
misrepresentation; or nonpayment of premium; or
(b) A failure to comply with the (b) 45 days before the effective date of
underwriting requirements cancellation if we cancel for any of
established by the insurer. the other reasons stated in
Paragraph 2.b.
b. For More Than 90 Days
B. Paragraph 3. of the Cancellation Common Policy
If this policy has been in effect for more Condition is replaced by the following:
than 90 days, we may cancel this policy
only for one or more of the following 3. We will mail or deliver our notice to the first
reasons: Named Insured at the last mailing address
known to us.
(1) Nonpayment of premium;

CG 02 20 03 12 © Insurance Services Office, Inc., 2011 Page 1 of 2


C. Paragraph 5. of the Cancellation Common Policy The cancellation will be effective even if we
Condition is replaced by the following: have not made or offered a refund.
5. If this policy is cancelled, we will send the first D. The following is added and supersedes any other
Named Insured any premium refund due. If we provision to the contrary:
cancel, the refund will be pro rata. If the first Nonrenewal
Named Insured cancels, the refund may be
less than pro rata. If the return premium is not 1. If we decide not to renew this policy, we will
refunded with the notice of cancellation or mail or deliver to the first Named Insured
when this policy is returned to us, we will mail written notice of nonrenewal, accompanied by
the refund within 15 working days after the the reason for nonrenewal, at least 45 days
date cancellation takes effect, unless this is an prior to the expiration of this policy.
audit policy. 2. Any notice of nonrenewal will be mailed or
If this is an audit policy, then, subject to your delivered to the first Named Insured at the last
full cooperation with us or our agent in mailing address known to us. If notice is
securing the necessary data for audit, we will mailed, proof of mailing will be sufficient proof
return any premium refund due within 90 days of notice.
of the date cancellation takes effect. If our
audit is not completed within this time
limitation, then we shall accept your own audit,
and any premium refund due shall be mailed
within 10 working days of receipt of your audit.

Page 2 of 2 © Insurance Services Office, Inc., 2011 CG 02 20 03 12


COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY –


OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART


PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

The following is added to the Other Insurance (2) You have agreed in writing in a contract or
Condition and supersedes any provision to the agreement that this insurance would be
contrary: primary and would not seek contribution
Primary And Noncontributory Insurance from any other insurance available to the
additional insured.
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and

CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1


POLICY NUMBER: 3DS5455 COMMERCIAL GENERAL LIABILITY
CG 20 11 04 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – MANAGERS OR


LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Designated Of Premises (Part Leased To You):


Blanket - As on File

Name Of Person(s) Or Organization(s) (Additional Insured):

Additional Premium: $

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to 2. If coverage provided to the additional insured


include as an additional insured the person(s) or is required by a contract or agreement, the
organization(s) shown in the Schedule, but only insurance afforded to such additional insured
with respect to liability arising out of the will not be broader than that which you are
ownership, maintenance or use of that part of the required by the contract or agreement to
premises leased to you and shown in the provide for such additional insured.
Schedule and subject to the following additional B. With respect to the insurance afforded to these
exclusions: additional insureds, the following is added to
This insurance does not apply to: Section III – Limits Of Insurance:
1. Any "occurrence" which takes place after you If coverage provided to the additional insured is
cease to be a tenant in that premises. required by a contract or agreement, the most we
2. Structural alterations, new construction or will pay on behalf of the additional insured is the
demolition operations performed by or on amount of insurance:
behalf of the person(s) or organization(s) 1. Required by the contract or agreement; or
shown in the Schedule. 2. Available under the applicable Limits of
However: Insurance shown in the Declarations;
1. The insurance afforded to such additional whichever is less.
insured only applies to the extent permitted by This endorsement shall not increase the
law; and applicable Limits of Insurance shown in the
Declarations.

CG 20 11 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1


POLICY NUMBER: 3DS5455 COMMERCIAL GENERAL LIABILITY
CG 20 12 04 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – STATE OR GOVERNMENTAL


AGENCY OR SUBDIVISION OR POLITICAL
SUBDIVISION – PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

State Or Governmental Agency Or Subdivision Or Political Subdivision:


Blanket - As on file

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to 2. This insurance does not apply to:
include as an additional insured any state or a. "Bodily injury", "property damage" or
governmental agency or subdivision or political "personal and advertising injury" arising out
subdivision shown in the Schedule, subject to the of operations performed for the federal
following provisions: government, state or municipality; or
1. This insurance applies only with respect to b. "Bodily injury" or "property damage"
operations performed by you or on your behalf included within the "products-completed
for which the state or governmental agency or operations hazard".
subdivision or political subdivision has issued a
permit or authorization. B. With respect to the insurance afforded to these
additional insureds, the following is added to
However: Section III – Limits Of Insurance:
a. The insurance afforded to such additional If coverage provided to the additional insured is
insured only applies to the extent permitted required by a contract or agreement, the most we
by law; and will pay on behalf of the additional insured is the
b. If coverage provided to the additional amount of insurance:
insured is required by a contract or 1. Required by the contract or agreement; or
agreement, the insurance afforded to such
additional insured will not be broader than 2. Available under the applicable Limits of
that which you are required by the contract Insurance shown in the Declarations;
or agreement to provide for such additional whichever is less.
insured.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

CG 20 12 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1


POLICY NUMBER: 3DS5455 COMMERCIAL GENERAL LIABILITY
CG 20 15 04 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – VENDORS


This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART


PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s) Or


Organization(s) (Vendor) Your Products
Blanket - As on File

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured any person(s) or vendors, the following additional exclusions apply:
organization(s) (referred to throughout this 1. The insurance afforded the vendor does not
endorsement as vendor) shown in the Schedule, apply to:
but only with respect to "bodily injury" or "property
damage" arising out of "your products" shown in a. "Bodily injury" or "property damage" for
the Schedule which are distributed or sold in the which the vendor is obligated to pay
regular course of the vendor's business. damages by reason of the assumption of
liability in a contract or agreement. This
However: exclusion does not apply to liability for
1. The insurance afforded to such vendor only damages that the vendor would have in the
applies to the extent permitted by law; and absence of the contract or agreement;
2. If coverage provided to the vendor is required b. Any express warranty unauthorized by you;
by a contract or agreement, the insurance c. Any physical or chemical change in the
afforded to such vendor will not be broader product made intentionally by the vendor;
than that which you are required by the
contract or agreement to provide for such d. Repackaging, except when unpacked solely
vendor. for the purpose of inspection,
demonstration, testing, or the substitution of
parts under instructions from the
manufacturer, and then repackaged in the
original container;

CG 20 15 04 13 © ISO Properties, Inc., 2004 Page 1 of 2 ❏


e. Any failure to make such inspections, (2) Such inspections, adjustments, tests or
adjustments, tests or servicing as the servicing as the vendor has agreed to
vendor has agreed to make or normally make or normally undertakes to make in
undertakes to make in the usual course of the usual course of business, in
business, in connection with the distribution connection with the distribution or sale
or sale of the products; of the products.
f. Demonstration, installation, servicing or 2. This insurance does not apply to any insured
repair operations, except such operations person or organization, from whom you have
performed at the vendor's premises in acquired such products, or any ingredient, part
connection with the sale of the product; or container, entering into, accompanying or
g. Products which, after distribution or sale by containing such products.
you, have been labeled or relabeled or used C. With respect to the insurance afforded to these
as a container, part or ingredient of any vendors, the following is added to Section III –
other thing or substance by or for the Limits Of Insurance:
vendor; or If coverage provided to the vendor is required by a
h. "Bodily injury" or "property damage" arising contract or agreement, the most we will pay on
out of the sole negligence of the vendor for behalf of the vendor is the amount of insurance:
its own acts or omissions or those of its 1. Required by the contract or agreement; or
employees or anyone else acting on its
behalf. However, this exclusion does not 2. Available under the applicable Limits of
apply to: Insurance shown in the Declarations;
(1) The exceptions contained in whichever is less.
Sub-paragraphs d. or f.; or This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 15 04 13


POLICY NUMBER: 3DS5455 COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS OR OTHER INTERESTS


FROM WHOM LAND HAS BEEN LEASED
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULE

Designation of Premises (Part Leased to You):


Blanket - As on File

Name of Person or Organization:

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)

WHO IS AN INSURED (Section II) is amended to in- This insurance does not apply to:
clude as an insured the person or organization shown 1. Any "occurrence" which takes place after you
in the Schedule but only with respect to liability arising cease to lease that land;
out of the ownership, maintenance or use of that part
of the land leased to you and shown in the Schedule 2. Structural alterations, new construction or demoli-
and subject to the following additional exclusions: tion operations performed by or on behalf of the
person or organization shown in the Schedule.

CG 20 24 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1


POLICY NUMBER: 3DS5455 COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – DESIGNATED


PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s) Or Organization(s)


Blanket - As on File

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II – Who Is An Insured is amended to in-


clude as an additional insured the person(s) or organi-
zation(s) shown in the Schedule, but only with respect
to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or
in part, by your acts or omissions or the acts or omis-
sions of those acting on your behalf:
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or
rented to you.

CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❏


POLICY NUMBER: 3DS5455 COMMERCIAL GENERAL LIABILITY
CG 20 28 04 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – LESSOR OF


LEASED EQUIPMENT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s) Or Organization(s):


Blanket - As on File

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, this insurance does not apply
organization(s) shown in the Schedule, but only to any "occurrence" which takes place after the
with respect to liability for "bodily injury", "property equipment lease expires.
damage" or "personal and advertising injury" C. With respect to the insurance afforded to these
caused, in whole or in part, by your maintenance, additional insureds, the following is added to
operation or use of equipment leased to you by Section III – Limits Of Insurance:
such person(s) or organization(s).
If coverage provided to the additional insured is
However: required by a contract or agreement, the most we
1. The insurance afforded to such additional will pay on behalf of the additional insured is the
insured only applies to the extent permitted by amount of insurance:
law; and 1. Required by the contract or agreement; or
2. If coverage provided to the additional insured is 2. Available under the applicable Limits of
required by a contract or agreement, the Insurance shown in the Declarations;
insurance afforded to such additional insured
will not be broader than that which you are whichever is less.
required by the contract or agreement to This endorsement shall not increase the applicable
provide for such additional insured. Limits of Insurance shown in the Declarations.

CG 20 28 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1


POLICY NUMBER: 3DS5455 COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – ATHLETIC OR SPORTS PARTICIPANTS


This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULE

Description of Operations:

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)

With respect to any operations shown in the Schedule, this insur ance does not apply to "bodily injury" to any per-
son while practicing for or participating in any sports or athletic contest or exhibition that you sponsor.

CG 21 01 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1


COMMERCIAL GENERAL LIABILITY
CG 21 09 06 15

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – UNMANNED AIRCRAFT


This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. Exclusion 2.g. Aircraft, Auto Or Watercraft under This Paragraph g.(2) applies even if the
Section I – Coverage A – Bodily Injury And claims against any insured allege
Property Damage Liability is replaced by the negligence or other wrongdoing in the
following: supervision, hiring, employment, training
2. Exclusions or monitoring of others by that insured, if
the "occurrence" which caused the
This insurance does not apply to: "bodily injury" or "property damage"
g. Aircraft, Auto Or Watercraft involved the ownership, maintenance,
use or entrustment to others of any
(1) Unmanned Aircraft
aircraft (other than "unmanned aircraft"),
"Bodily injury" or "property damage" "auto" or watercraft that is owned or
arising out of the ownership, operated by or rented or loaned to any
maintenance, use or entrustment to insured.
others of any aircraft that is an
This Paragraph g.(2) does not apply to:
"unmanned aircraft". Use includes
operation and "loading or unloading". (a) A watercraft while ashore on
premises you own or rent;
This Paragraph g.(1) applies even if the
claims against any insured allege (b) A watercraft you do not own that is:
negligence or other wrongdoing in the (i) Less than 26 feet long; and
supervision, hiring, employment, training
or monitoring of others by that insured, if (ii) Not being used to carry persons
the "occurrence" which caused the or property for a charge;
"bodily injury" or "property damage" (c) Parking an "auto" on, or on the ways
involved the ownership, maintenance, next to, premises you own or rent,
use or entrustment to others of any provided the "auto" is not owned by
aircraft that is an "unmanned aircraft". or rented or loaned to you or the
(2) Aircraft (Other Than Unmanned insured;
Aircraft), Auto Or Watercraft (d) Liability assumed under any "insured
"Bodily injury" or "property damage" contract" for the ownership,
arising out of the ownership, maintenance or use of aircraft or
maintenance, use or entrustment to watercraft; or
others of any aircraft (other than
"unmanned aircraft"), "auto" or
watercraft owned or operated by or
rented or loaned to any insured. Use
includes operation and "loading or
unloading".

CG 21 09 06 15 © Insurance Services Office, Inc., 2014 Page 1 of 2


(e) "Bodily injury" or "property damage" This exclusion applies even if the claims
arising out of: against any insured allege negligence or other
wrongdoing in the supervision, hiring,
(i) The operation of machinery or
employment, training or monitoring of others by
equipment that is attached to, or
that insured, if the offense which caused the
part of, a land vehicle that would
"personal and advertising injury" involved the
qualify under the definition of
ownership, maintenance, use or entrustment to
"mobile equipment" if it were not
others of any aircraft that is an "unmanned
subject to a compulsory or
aircraft".
financial responsibility law or
other motor vehicle insurance law This exclusion does not apply to:
where it is licensed or principally a. The use of another's advertising idea in
garaged; or your "advertisement"; or
(ii) The operation of any of the b. Infringing upon another's copyright, trade
machinery or equipment listed in dress or slogan in your "advertisement".
Paragraph f.(2) or f.(3) of the
definition of "mobile equipment". C. The following definition is added to the Definitions
section:
B. The following exclusion is added to Paragraph 2.
Exclusions of Coverage B – Personal And "Unmanned aircraft" means an aircraft that is not:
Advertising Injury Liability: 1. Designed;
2. Exclusions 2. Manufactured; or
This insurance does not apply to: 3. Modified after manufacture;
Unmanned Aircraft to be controlled directly by a person from within or
"Personal and advertising injury" arising out of on the aircraft.
the ownership, maintenance, use or
entrustment to others of any aircraft that is an
"unmanned aircraft". Use includes operation
and "loading or unloading".

Page 2 of 2 © Insurance Services Office, Inc., 2014 CG 21 09 06 15


COMMERCIAL GENERAL LIABILITY
CG 21 36 03 05

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - NEW ENTITIES

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

Paragraph 3. of Section II - Who Is An Insured does not apply.

CG 21 36 03 05 ISO Properties, Inc., 2004 Page 1 of 1


CG 21 46 07 98

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ABUSE OR MOLESTATION EXCLUSION


This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

The following exclusion is added to Paragraph 2., 2. The negligent:


Exclusions of Section I - Coverage A - Bodily a. Employment;
Injury And Prop erty Damage Liability and Para-
graph 2., Exclusions of Section I - Coverage B- b. Investigation;
Personal And Advertising Injury Liability: c. Supervision;
This insurance does not apply to "bodily injury", d. Reporting to the proper authorities, or failure
"property damage" or "personal and advertising to so report; or
injury" arising out of: e. Retention;
1. The actual or threatened abuse or molestation by of a person for whom any insured is or ever was
anyone of any person while in the care, custody legally responsible and whose conduct would be
or control of any insured, or excluded by Paragraph 1. above.

CG 21 46 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 ❏


COMMERCIAL GENERAL LIABILITY
CG 21 47 12 07

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EMPLOYMENT-RELATED PRACTICES EXCLUSION


This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. The following exclusion is added to Paragraph 2., B. The following exclusion is added to Paragraph 2.,
Exclusions of Section I - Coverage A - Bodily Exclusions of Section I - Coverage B - Personal
Injury And Property Damage Liability: And Advertising Injury Liability:
This insurance does not apply to: This insurance does not apply to:
"Bodily injury" to: "Personal and advertising injury" to:
(1) A person arising out of any: (1) A person arising out of any:
(a) Refusal to employ that person; (a) Refusal to employ that person;
(b) Termination of that person's employment; or (b) Termination of that person's employment; or
(c) Employment-related practices, policies, acts (c) Employment-related practices, policies, acts
or omissions, such as coercion, demotion, or omissions, such as coercion, demotion,
evaluation, reassignment, discipline, evaluation, reassignment, discipline,
defamation, harassment, humiliation, defamation, harassment, humiliation,
discrimination or malicious prosecution discrimination or malicious prosecution
directed at that person; or directed at that person; or
(2) The spouse, child, parent, brother or sister of (2) The spouse, child, parent, brother or sister of
that person as a consequence of "bodily injury" that person as a consequence of "personal and
to that person at whom any of the advertising injury" to that person at whom any of
employment-related practices described in the employment-related practices described in
Paragraphs (a), (b), or (c) above is directed. Paragraphs (a), (b), or (c) above is directed.
This exclusion applies: This exclusion applies:
(1) Whether the injury-causing event described in (1) Whether the injury-causing event described in
Paragraphs (a), (b) or (c) above occurs before Paragraphs (a), (b) or (c) above occurs before
employment, during employment or after employment, during employment or after
employment of that person; employment of that person;
(2) Whether the insured may be liable as an (2) Whether the insured may be liable as an
employer or in any other capacity; and employer or in any other capacity; and
(3) To any obligation to share damages with or (3) To any obligation to share damages with or
repay someone else who must pay damages repay someone else who must pay damages
because of the injury. because of the injury.

CG 21 47 12 07 ISO Properties, Inc., 2006 Page 1 of 1


COMMERCIAL GENERAL LIABILITY
CG 21 49 09 99

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

TOTAL POLLUTION EXCLUSION ENDORSEMENT


This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

Exclusion f. under Paragraph 2., Exclusions of (2) Any loss, cost or expense arising out of any:
Section I - Coverage A - Bodily Injury And Property (a) Request, demand, order or statutory or
Damage Liability is replaced by the following: regulatory requirement that any insured
This insurance does not apply to: or others test for, monitor, clean up,
f. Pollution remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
(1) "Bodily injury" or "property damage" which
assess the effects of "pollutants"; or
would not have occurred in whole or part but
for the actual, alleged or threatened (b) Claim or suit by or on behalf of a
discharge, dispersal, seepage, migration, governmental authority for damages
release or escape of "pollutants" at any time. because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, "pollutants".

CG 21 49 09 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1


COMMERCIAL GENERAL LIABILITY
CG 21 73 01 15

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION OF CERTIFIED ACTS OF TERRORISM


This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART


LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY

A. The following exclusion is added: b. The act is a violent act or an act that is
This insurance does not apply to: dangerous to human life, property or
infrastructure and is committed by an
TERRORISM individual or individuals as part of an effort
"Any injury or damage" arising, directly or to coerce the civilian population of the
indirectly, out of a "certified act of terrorism". United States or to influence the policy or
affect the conduct of the United States
B. The following definitions are added:
Government by coercion.
1. For the purposes of this endorsement, "any
injury or damage" means any injury or damage
C. The terms and limitations of any terrorism
exclusion, or the inapplicability or omission of a
covered under any Coverage Part to which this
terrorism exclusion, do not serve to create
endorsement is applicable, and includes but is
coverage for injury or damage that is otherwise
not limited to "bodily injury", "property
excluded under this Coverage Part.
damage", "personal and advertising injury",
"injury" or "environmental damage" as may be
defined in any applicable Coverage Part.
2. "Certified act of terrorism" means an act that is
certified by the Secretary of the Treasury, in
accordance with the provisions of the federal
Terrorism Risk Insurance Act, to be an act of
terrorism pursuant to such Act. The criteria
contained in the Terrorism Risk Insurance Act
for a "certified act of terrorism" include the
following:
a. The act resulted in insured losses in excess
of $5 million in the aggregate, attributable to
all types of insurance subject to the
Terrorism Risk Insurance Act; and

CG 21 73 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1


COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT OF INSURED CONTRACT DEFINITION


This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART


PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

The definition of "insured contract" in the Definitions Paragraph f. does not include that part of any
section is replaced by the following: contract or agreement:
"Insured contract" means: (1) That indemnifies a railroad for "bodily injury"
a. A contract for a lease of premises. However, or "property damage" arising out of
that portion of the contract for a lease of construction or demolition operations, within
premises that indemnifies any person or 50 feet of any railroad property and
organization for damage by fire to premises affecting any railroad bridge or trestle,
while rented to you or temporarily occupied by tracks, road-beds, tunnel, underpass or
you with permission of the owner is not an crossing;
"insured contract"; (2) That indemnifies an architect, engineer or
b. A sidetrack agreement; surveyor for injury or damage arising out of:
c. Any easement or license agreement, except in (a) Preparing, approving, or failing to
connection with construction or demolition prepare or approve, maps, shop
operations on or within 50 feet of a railroad; drawings, opinions, reports, surveys,
field orders, change orders or drawings
d. An obligation, as required by ordinance, to and specifications; or
indemnify a municipality, except in connection
with work for a municipality; (b) Giving directions or instructions, or
failing to give them, if that is the primary
e. An elevator maintenance agreement; cause of the injury or damage; or
f. That part of any other contract or agreement (3) Under which the insured, if an architect,
pertaining to your business (including an engineer or surveyor, assumes liability for
indemnification of a municipality in connection an injury or damage arising out of the
with work performed for a municipality) under insured's rendering or failure to render
which you assume the tort liability of another professional services, including those listed
party to pay for "bodily injury" or "property in (2) above and supervisory, inspection,
damage" to a third person or organization, architectural or engineering activities.
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by you
or by those acting on your behalf. However,
such part of a contract or agreement shall only
be considered an "insured contract" to the
extent your assumption of the tort liability is
permitted by law. Tort liability means a liability
that would be imposed by law in the absence
of any contract or agreement.

CG 24 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1


COMMERCIAL GENERAL LIABILITY
CG 26 03 04 09

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NEW YORK CHANGES –


LIQUOR LIABILITY COVERAGE FORM
This endorsement modifies insurance provided under the following:

LIQUOR LIABILITY COVERAGE PART

A. Paragraph 1. Insuring Agreement of Section I is (2) Prior to the policy period, no insured
replaced by the following: listed under Paragraph 1. of Section II –
1. Insuring Agreement Who Is An Insured and no "employee"
authorized by you to give or receive no-
a. We will pay those sums that the insured tice of an "injury" or claim, knew that the
becomes legally obligated to pay as dam- "injury" had occurred, in whole or in part.
ages because of "injury" to which this insur- If such a listed insured or authorized
ance applies if liability for such "injury" is "employee" knew, prior to the poli cy pe-
imposed on the insured by reason of the riod, that the "injury" occurred, then any
selling, serving or furnishing of any alco- continuation, change or resumption of
holic beverage. We will have the right and such "injury" during or after the policy
duty to defend the insured against any period will be deemed to have been
"suit" seeking those damages even if the al- known prior to the policy period.
legations of the "suit" are groundless, false
or fraud lent. However, we will have no c. "Injury" which occurs during the policy pe-
duty to defend the insured against any riod and was not, prior to the policy period,
"suit" seeking damages for "injury" to which known to have occurred by any insured
this insurance does not apply. We may, at listed under Paragraph 1. of Section II –
our discretion, investigate any "injury" and Who Is An Insured or any "employee" au-
settle any claim or "suit" that may result. thorized by you to give or receive notice of
But: an "injury" or claim, includes any continua-
tion, change or resumption of that "injury"
(1) The amount we will pay for damages is after the end of the policy period.
limited as described in Section III – Lim-
its Of Insurance; and d. "Injury" will be deemed to have been known
to have occurred at the earliest time when
(2) Our right and duty to defend end when any insured listed under Paragraph 1. of
we have used up the applicable limit of Section II – Who Is An Insured or any "em-
insurance in the payment of judgments ployee" authorized by you to give or receive
or settlements. notice of an "injury" or claim:
No other obligation or liability to pay sums (1) Reports all, or any part, of the "injury" to
or perform acts or services is covered un- us or any other insurer;
less explicitly provided for under Supple-
mentary Payments. (2) Receives a written or verbal demand or
claim for damages because of the "in-
b. This insurance applies to "injury" only if: jury"; or
(1) The "injury" occurs during the policy (3) Becomes aware by any other means
period in the "coverage territory"; and that "injury" has occurred or has begun
to occur.

CG 26 03 04 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 ❏


B. The following is added as Paragraph e. to Duties b. With respect to "injury" claims related to
In The Event Of Injury, Claim Or Suit under "bodily injury", if we deny coverage or do
Paragraph 2. of Section IV – Liquor Liability not admit liability because an insured or the
Conditions: injured person someone acting for the in-
2. Duties In The Event Of Injury, Claim Or Suit jured person or other claimant fails to give
us written notice as soon as practicable,
e. Notice given by or on behalf of the insured, then the injured person, someone acting for
or written notice by or on behalf of the in- the injured person or other claimant may
jured person or any other claimant, to any bring an action against us, provided the
agent of ours in New York State, with par- sole question is whether the denial of cov-
ticulars sufficient to identify the insured, erage or nonadmission of liability is based
shall be considered to be notice to us. on the failure to provide timely notice.
C. Paragraph 3. of Section IV – Liquor Liability However, the injured person, someone act-
Conditions is replaced by the following: ing for the injured person or other claimant
3. Legal Action Against Us may not bring an action if within 60 days af-
a. Except as provided in Paragraph b., no ter we deny coverage or do not admit liabil-
person or organization has a right under ity, we or an insured:
this Coverage Part: (1) Brings an action to declare the rights of
(1) To join us as a party or otherwise bring the parties under the policy; and
us into a "suit" asking for damages from (2) Names the injured person, someone
an insured; or acting for the injured person or other
(2) To sue us on this Coverage Part unless claimant as a party to the action.
all of its terms have been fully complied The following provision is added and supersedes
with. any provision to the contrary:
A person or organization may sue us to re- Failure to give notice to us as required under this
cover on an agreed settlement or on a final Coverage Part shall not invalidate any claim made
judgment against an insured; but we will not by the insured, injured person or any other claim-
be liable for damages that are not payable ant, unless the failure to provide such timely notice
under the terms of this Coverage Part or has prejudiced us. However, no claim made by the
that are in excess of the applicable limit of insured, injured person or other claimant will be
insurance. An agreed settlement means a invalidated if it shall be shown not to have been
settlement and release of liability signed by reasonably possible to give such timely notice and
us, the insured and the claimant or the that notice was given as soon as was reasonably
claimant's legal representative. possible thereafter.

Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 26 03 04 09 ❏


COMMERCIAL GENERAL LIABILITY

EVANSTON INSURANCE COMPANY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMBINATION GENERAL ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

A. Paragraph 2. Exclusions of Section I - Coverage A – Bodily Injury And Property Damage Liability and Coverage B –
Personal And Advertising Injury Liability are revised as follows:
1. The following Exclusion:
a. Is added to Coverage A; and
b. Replaces the Breach Of Contract exclusion in Coverage B:
This insurance does not apply to:
Breach Of Contract
Claims arising out of breach of contract, whether written or oral, express or implied, implied-in-law, or
implied-in-fact contract.
2. The following Exclusions are added:
This insurance does not apply to:
Cross Suits
“Bodily injury”, “property damage”, “personal and advertising injury” or any injury, loss, or damage, including
consequential injury, loss or damage, arising out of, caused or contributed to by any Named Insured covered by
this policy initiating causes of action or allegations against any other Named Insured covered by this policy.
Discrimination
“Bodily injury”, “property damage”, “personal and advertising injury” or any injury, loss, or damage, including
consequential injury, loss or damage, arising out of, caused or contributed to by discrimination of any kind, actual
or alleged.
Fines, Penalties And Punitive Or Exemplary Damages
Fines, penalties, and punitive or exemplary damages, or any expenses or any obligation to share such damages
or repay another. However, this exclusion does not apply to punitive damages from wrongful death brought under
Alabama’s Wrongful Death Statute.
Hazardous Or Toxic Materials
“Bodily injury”, “property damage”, “personal and advertising injury” or any injury, loss, or damage, including
consequential injury, loss or damage, arising out of, caused or contributed to by ”hazardous or toxic materials”:
(1) Whether arising out of actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to,
existence of, presence of, discharge, dispersal, seepage, migration, infiltration, infestation, release, escape,
growth, production or reproduction of or toxic substances from “hazardous or toxic materials”. This applies
regardless of source, including but not limited to, from any goods, products or structures containing

MEGL 0001 08 14 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 3
with its permission.
"hazardous or toxic materials”, or the existence of “hazardous or toxic materials” in any form, in occupancy,
construction, manufacture, sale, transportation, handling, storage, disposal, distribution or removal; and
(2) Regardless of supervision, instructions, recommendations, requests, warnings or advice given or which
should have been given, as well as any costs, including but not limited to, abatement, mitigation, removal,
containment, treatment, detoxification, neutralization, or disposal of ”hazardous or toxic materials”, or in any
way respond to assess the effects of ”hazardous or toxic materials”.
Coverage does not apply to any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning
up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way, responding
to, or assessing the effects of ”hazardous or toxic materials” by any insured or by any other person or entity.
Legionellae
(1) "Bodily injury" or "property damage" which would not have occurred, in whole or in part, but for the actual,
alleged or threatened inhalation or aspiration of, ingestion of, contact with, exposure to, existence of, or
presence of any legionellae, regardless of whether any other cause, event, material or product contributed
concurrently or in any sequence to such injury or damage.
(2) "Personal and advertising injury" which would not have taken place, in whole or in part, but for the actual,
alleged or threatened inhalation or aspiration of, ingestion of, contact with, exposure to, existence of, or
presence of any legionellae, regardless of whether any other cause, event, material or product contributed
concurrently or in any sequence to such injury.
(3) Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing,
containing, treating, detoxifying, disinfecting, neutralizing, remediating or disposing of, or in any way
responding to, or assessing the effects of, legionellae, by any insured or by any other person or entity.
Movement Of Land Or Earth
“Bodily injury”, “property damage”, “personal and advertising injury” or any injury, loss, or damage, including
consequential injury, loss or damage, arising out of, caused or contributed to by movement of land or earth
regardless of whether it emanates from, is aggravated by, or is attributable to any operations performed by or on
behalf of any insured whether the first manifestation occurs during the policy period or prior or subsequent
thereto. Movement of land or earth includes instability, subsidence, settling, sinking, slipping, falling away, caving
in, shifting, eroding, rising, tilting, bulging, cracking, mud flow, mudslide, earthquake, shrinking or expansion of
ground, slabs, footings, foundations, walls, roofs, floors, ceilings or any other real property or part thereof.
Professional Liability
Professional liability, errors, omissions, negligent acts, malpractice or acts of any type including rendering or
failure to render any type of professional service, unless such coverage is specifically endorsed onto the policy.
B. The following is added to Section II – Who Is An Insured:
When coverage does not apply for the Named Insured, no coverage or defense shall be afforded to any Additional
Insured under this policy.

C. All references in this policy to minimum premium, deposit premium and premium audit are replaced by the following:
1. The premium shown as advanced premium is both a deposit premium and a minimum premium for the policy
term. At the close of each audit period, we will compute the earned premium for that period. If the earned is more
than the advanced premium, then the amount by which the earned exceeds the advanced premium is due and
payable on notice to you. If the earned premium is less, the advanced premium applies as the minimum premium
with no return premium payable to you.
2. If this policy is cancelled, the pro rata or short rate of the minimum and deposit premium will apply for the policy
term, subject to an absolute minimum earned premium of 25% of the total advanced premium unless final audit
develops a premium greater than 25% of the total advanced premium. If your business is seasonal, the minimum
premium then becomes fully earned at the end of your season.
D. Section V – Definitions is amended to add the following:
“Fungi” means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or
byproducts produced or released by “fungi”. However, this exclusion does not apply to any “fungi” or bacteria that are
on, or are contained in, a good or product intended for bodily consumption.

MEGL 0001 08 14 Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3
with its permission.
“Hazardous or toxic materials” means asbestos, lead, silica dust, toxic dust, “fungi”, bacteria, organic pathogens,
bio-organic growth or systemic chemical poison.

All other terms and conditions remain unchanged.

MEGL 0001 08 14 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 3
with its permission.
COMMERCIAL GENERAL LIABILITY

EVANSTON INSURANCE COMPANY


THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – CONTINUOUS OR PROGRESSIVE INJURY OR DAMAGE


This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

The following is added to Paragraph 2. Exclusions under Section I – Coverages, Coverage A – Bodily Injury And Property
Damage Liability and Coverage B – Personal And Advertising Injury Liability:
This insurance does not apply to:
Continuous Or Progressive Injury Or Damage
“Bodily injury”, “property damage” or “personal and advertising injury” which:
(1) First occurred, first began to occur, or is alleged to have first occurred;
(2) Is alleged to be in the process of occurring to any degree; or
(3) Is caused by or alleged to have been caused by incremental, continuous or progressive injury or damage arising from
an "occurrence" or offense which first occurred, began to occur, or is alleged to have first occurred,
prior to the effective date of this policy.

All other terms and conditions remain unchanged.

MEGL 0008 01 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission.
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 3DS5455

EVANSTON INSURANCE COMPANY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM


PRODUCTS/COMPLETED OPERATIONS COVERAGE FORM
LIQUOR LIABILITY COVERAGE FORM
PROFESSIONAL LIABILITY COVERAGE FORM

Please refer to each coverage form to determine which terms are defined. Words shown in quotations on
this endorsement may or may not be defined in all coverage forms.

SCHEDULE

Person or Entity: Any person or organization to whom you are obligated by valid written contract to provide
such coverage.

Additional Premium: $ See Cert (Check box if fully earned. X )

WHO IS AN INSURED is amended to include the person or entity shown in the Schedule above as an Additional Insured
under this insurance, but only as respects negligent acts or omissions of the Named Insured and only as respects any
coverage not otherwise excluded in the policy. Our agreement to accept an Additional Insured provision in a contract is
not an acceptance of any other provisions of the contract or the contract in total.

When coverage does not apply for the Named Insured, no coverage or defense shall be afforded to the Additional In-
sured.

No coverage shall be afforded to the Additional Insured for injury or damage of any type to any “employee” of the Named
Insured or to any obligation of the Additional Insured to indemnify another because of damages arising out of such injury
or damage.

All other terms and conditions remain unchanged.

MEGL 0009-01 04 11 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1
with its permission.
COMMERCIAL GENERAL LIABILITY

EVANSTON INSURANCE COMPANY


THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – ANIMALS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

The following is added to Paragraph 2. Exclusions under Section I – Coverages, Coverage A – Bodily Injury And Property
Damage Liability and Coverage B – Personal And Advertising Injury Liability:
This insurance does not apply to:
Animals
“Bodily injury”, “property damage”, or “personal and advertising injury” arising out of, caused by, or any way involving an
animal, regardless of whether owned by you, in your care, or on your premises.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,
hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or
“property damage”, or the offense which caused the “personal and advertising injury”, in any way involved animals.

All other terms and conditions remain unchanged.

MEGL 0023 05 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission.
COMMERCIAL GENERAL LIABILITY

EVANSTON INSURANCE COMPANY


THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – ASSAULT OR BATTERY


This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM


LIQUOR LIABILITY COVERAGE FORM

A. Paragraph 2. Exclusions under Section I – Coverages, Coverage A – Bodily Injury And Property Damage Liability of
the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, and Section I – Liquor Liability Coverage of the
LIQUOR LIABILITY COVERAGE FORM is amended as follows:
1. Paragraph a. Expected Or Intended Injury is replaced by the following:
This insurance does not apply to:
Expected Or Intended Injury
"Injury" expected or intended from the standpoint of the insured.
2. The following exclusion is added:
This insurance does not apply to:
Assault Or Battery
“Injury” arising out of “assault or battery”, or any act or omission in connection with the prevention or
suppression of “assault or battery”, whether caused by or at the instigation or direction of:
(1) Any insured;
(2) Any “employee” of the insured;
(3) A patron of the insured; or
(4) Any other person.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training, monitoring of others, or failure to protect or warn others, by a
person described in Paragraphs (1) through (4) above.
B. The following is added to the Definitions section:
1. The following definition is added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM and LIQUOR
LIABILITY COVERAGE FORM:
“Assault or battery” means:
a. Any attempt or threat to inflict “injury” to another person or the property of another person including any
conduct or action that would reasonably place such person in apprehension of such “injury”; or
b. The intentional or reckless physical contact with or any use of force against a person without his or her
consent that results in “injury” or offensive or abusive touching, whether or not the actual “injury” inflicted was
intended or expected. The use of force includes, but is not limited to, the use of a weapon.
“Assault or battery” includes “injury” resulting from the use of reasonable force to protect persons or property.

MEGL 0024 05 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2
with its permission.
2. The following definition is added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM:
"Injury" means damages because of "bodily injury" and "property damage", including damages for care, loss of
services or loss of support.

All other terms and conditions remain unchanged.

MEGL 0024 05 16 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 2
with its permission.
COMMERCIAL GENERAL LIABILITY

EVANSTON INSURANCE COMPANY


THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LIMITATION OF COVERAGE TO DESCRIBED CLASSIFICATION


This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

This insurance applies only to “bodily injury”, “property damage”, “personal and advertising injury” and medical expenses
arising out of those operations specified in the application for insurance on file with us and described in the Classification
section of the Declarations.

All other terms and conditions remain unchanged.

MEGL 0030 05 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission.
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 3DS5455

EVANSTON INSURANCE COMPANY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DEDUCTIBLE ENDORSEMENT

This endorsement modifies insurance provided under the following:


COMMERCIAL GENERAL LIABILITY COVERAGE FORM
LIQUOR LIABILITY COVERAGE FORM
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM
PRODUCTS/COMPLETED OPERATIONS COVERAGE FORM
PROFESSIONAL LIABILITY COVERAGE FORM
RAILROAD PROTECTIVE LIABILITY COVERAGE FORM
OTHER COVERAGE FORM (SPECIFY):
Please refer to each coverage form to determine which terms are defined. Words shown in quotations on this endorse-
ment may or may not be defined in all coverage forms.

SCHEDULE

Coverage Amount and Basis of Deductible


PER CLAIM or PER OCCURRENCE
1. Bodily Injury Liability $ $ 1,000

2. Property Damage Liability $ $ 1,000

3. Bodily Injury Liability and/or $ $


Property Damage Liability Combined

4. Personal and Advertising Injury Liability $ $ 1,000

5. Professional Liability $ $

6. Other (describe): $ $

EACH COMMON CAUSE


7. Liquor Liability $ N/A
If this box is marked, the deductible for "property damage" is amended to apply on a Per item, Per Claim basis.

A. Our obligation to pay damages on your behalf under Bodily Injury Liability, Property Damage Liability, Personal and
Advertising Injury Liability, Professional Liability, or Liquor Liability, or any other coverage under this policy referenced
above, applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above.

B. For coverages other than Liquor Liability, the deductible amount will be on either a per “claim” or a per "occurrence"
basis. For Liquor Liability, the deductible applies on an Each Common Cause basis. Your deductible applies to the
coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Sched-
ule above and will include loss payments, adjustment, investigative and legal fees and costs, whether or not loss pay-
ment is involved.

The deductible amount stated in the Schedule above applies as follows:


MEGL 0048 03 13 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 3
with its permission.
1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per “claim” basis, that deduc
tible applies as follows:

a. Under Bodily Injury Liability Coverage, to all damages sustained by any one person because of "bodily injury";

b. Under Property Damage Liability Coverage, to all damages sustained by any one person because of "property
damage"; or

c. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages sustained by
any one person because of:

(1) "Bodily injury";

(2) "Property damage"; or

(3) "Bodily injury" and "property damage" combined.

d. Under Personal and Advertising Injury Liability, to all damages sustained by any one person because of “per so-
nal and advertising injury”; or

e. Under Professional Liability, to all damages sustained by any one person because of an injury, offense, wrong-
ful act, or any other covered cause of loss as stated in the coverage form; as the result of any one “occur-
rence.” If damages are claimed for care, loss of services or death resulting at any time from "bodily injury", a
separate deductible amount will be applied to each person making a “claim” for such damages. With respect to
"property damage", person includes an organization.

2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a "per occurrence"
basis, that deductible amount applies as follows:

a. Under Bodily Injury Liability Coverage, to all damages because of "bodily injury";

b. Under Property Damage Liability Coverage, to all damages because of "property damage"; or

c. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages because of:

(1) "Bodily injury";


(2) "Property damage"; or
(3) "Bodily injury" and "property damage" combined

d. Under Personal and Advertising Injury Liability, to all damages because of “personal and advertising injury”; or

e. Under Professional Liability, to all damages because of an injury, offense, wrongful act, or any other covered
cause of loss as stated in the Professional Liability coverage form attached to this policy as the result of any
one "occurrence", regardless of the number of persons or organizations who sustain damages because of that
"occurrence".

3. EACH COMMON CAUSE BASIS. If the deductible amount indicated in the Schedule above is on an Each Com-
mon Cause basis, that deductible amount applies to all damages because of an “injury” as the result of the selling,
serving, or furnishing alcoholic beverages.

4. ANY OTHER BASIS. If the deductible amount indicated in the Schedule above applies to another coverage de-
scribed in the Schedule above which is on any other basis, that deductible amount applies to all damages because
of a covered loss on the same basis as the coverage described in the Schedule above.

C. The terms of this insurance, including those with respect to:

1. Our right and duty to defend the insured against any "suits" seeking those damages; and

2. Your duties in the event of an "occurrence," “claim”, or “suit”


apply irrespective of the application of the deductible amount.

MEGL 0048 03 13 Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3
with its permission.
D. We may pay any part of or the entire deductible amount to effect settlement of any “claim” or "suit" and, upon notifica-
tion of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by
us.

E. In the event that you do not promptly reimburse us for the deductible amount demanded, then any cost we incur in
collection of the deductible amount shall be added to and applied in addition to the applicable deductible amount with-
out limitation to such costs. These costs shall include, but not be limited to, collection agency fees, attorneys’ fees,
and interest.

All other terms and conditions remain unchanged.

MEGL 0048 03 13 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 3
with its permission.
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 3DS5455

EVANSTON INSURANCE COMPANY


THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LIMITATION – SHOOTING AND FIRING RANGES


This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE
General Aggregate Limit $50,000
Each Occurrence Or Offense Limit $25,000

A. The following is added to Section IV – Commercial General Liability Conditions:


Shooting And Firing Ranges
a. With respect to shooting ranges, you must:
(1) Post copies of course or range rules in conspicuous areas;
(2) Require the use of protective shooting glasses for all participants and guests while at or on a firing position;
(3) Require the use of earplugs or other appropriate hearing protection for all participants and guests while at or
on a firing position;
(4) Require shooting caps on outdoor ranges where there is shotgun activity; and
(5) Require the use of gun storage racks when guns are not in use.
b. With respect to firing ranges, you must:
(1) Screen target areas by an earthen embankment on three sides to absorb both bullets and noise;
(2) Construct target pits in such a manner that they shield any occupant from ricochet;
(3) Prevent guests, customers, and members of the general public admission or entry to the field or target areas;
and
(4) Post warning signs during firing periods.
B. If all of the conditions of the Shooting And Firing Ranges condition are not met at the time of an “occurrence” or
offense, the following is added to Section III – Limits Of Insurance and will apply to such “occurrence” or offense:
The Each Occurrence Or Offense Limit shown in the Schedule of this endorsement is the most we will pay for the
sum of all:
a. Damages under Coverage A;
b. Damages under Coverage B;
c. Medical Expenses under Coverage C;
d. Loss adjustment expenses;
e. Supplementary payments; and

MEGL 0209 05 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2
with its permission.
f. Defenses costs;
because of all “bodily injury”, “property damage” and “personal and advertising injury” resulting from the "occurrence"
or offense.
The General Aggregate Limit shown in the Schedule of this endorsement is the most we will pay for all "occurrences"
and offenses during the policy period.

All other terms and conditions remain unchanged.

MEGL 0209 05 16 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 2
with its permission.
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 3DS5455

EVANSTON INSURANCE COMPANY


THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY


AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE
Name Of Person Or Organization:
Any person(s) or organization(s) with whom the Named Insured agrees, in a written contract
executed prior to the "occurrence", to waive rights of recovery
Additional Premium: $ See Cert

The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV –
Commercial General Liability Conditions:
We waive any right of recovery we may have against any person or organization shown in the Schedule of this
endorsement. This waiver applies only to the person or organization shown in the Schedule of this endorsement.

All other terms and conditions remain unchanged.

MEGL 0241-01 05 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission.
COMMERCIAL GENERAL LIABILITY

EVANSTON INSURANCE COMPANY


THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – EXPLOSIVES

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

The following is added to Paragraph 2. Exclusions of Section I – Coverages, Coverage A – Bodily Injury And Property
Damage Liability:
This insurance does not apply to:
Explosives
“Bodily injury” or “property damage” in any way involving the use, transportation, handling or storage of any explosives.

All other terms and conditions remain unchanged.

MEGL 0303 05 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission.
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 3DS5455

EVANSTON INSURANCE COMPANY


THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SPECIAL EVENTS SET-UP AND TAKE-DOWN COVERAGE


This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE
Set-up Dates: From: To:

Take-down Dates: From: To:


Information required to complete this Schedule, if not shown above, will be shown in the Schedule Of Events attached to
this policy.)

A. The following is added to Section IV – Commercial General Liability Conditions:


Set-Up And Take-Down Coverage
Regardless of the policy effective date and expiration date show in the Declarations, coverage provided by this policy
applies to “bodily injury”, “property damage” and "personal and advertising injury" resulting directly from the "set-up
and take-down" of a covered event, but only if the "set-up and take-down" occurs on the dates shown in the Schedule
of this endorsement.
B. With respect to the coverage provided by this endorsement, the following is added to the Definitions section:
"Set-up and take-down" mean activities directly related to, and occurring while, preparing for or concluding a covered
event.

All other terms and conditions remain unchanged.

MEGL 1557 05 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission.
COMMERCIAL GENERAL LIABILITY

EVANSTON INSURANCE COMPANY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – ENTERTAINERS, PARTICIPANTS AND EQUIPMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM


LIQUOR LIABILITY COVERAGE FORM

A. The following is added to Paragraph 2. Exclusions under Section I – Coverages, Coverage A – Bodily Injury And
Property Damage Liability and Coverage B – Personal And Advertising Injury Liability of the Commercial General
Liability Coverage Form:
This insurance does not apply to:
Entertainers, Participants Or Equipment
“Bodily injury”, “property damage” or “personal and advertising injury”:
(1) To any entertainer, stage hand, crew, independent contractor, audience member, patron or customer of the
insured as a result of participating in a demonstration, show, competition, contest or athletic event; or
(2) To property or equipment belonging to anyone listed in Paragraph A.(1) above.
B. The following is added to Paragraph 2. Exclusions under Section I – Liquor Liability of the Liquor Liability Coverage
Form:
This insurance does not apply to:
Entertainers, Participants Or Equipment
“Injury” to:
(1) Any entertainer, stage hand, crew, independent contractor, audience member, patron or customer of the insured
as a result of participating in a demonstration, show, competition, contest or athletic event; or
(2) Property or equipment belonging to anyone listed in Paragraph B.(1) above.

All other terms and conditions remain unchanged.

MEGL 1616 11 14 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission.
COMMERCIAL GENERAL LIABILITY

EVANSTON INSURANCE COMPANY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – AIRCRAFT AND HOT AIR BALLOON RIDES,


DEMONSTRATIONS AND SHOWS

This endorsement modifies insurance provided under the following:


COMMERCIAL GENERAL LIABILITY COVERAGE FORM

The following is added to Paragraph 2. Exclusions under Section I – Coverages, Coverage A – Bodily Injury And Property
Damage Liability and Coverage B – Personal And Advertising Injury Liability:
This insurance does not apply to:
Aircraft Or Hot Air Balloon Rides, Demonstrations Or Shows
"Bodily injury", "property damage" or "personal and advertising injury" arising out of any aircraft or hot air balloon rides,
demonstrations or shows.
This exclusion applies regardless of whether the event or activity is professional, semi-professional, amateur or any other
level or ranking.

All other terms and conditions remain unchanged.

MEGL 1639 08 14 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission.
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 3DS5455

EVANSTON INSURANCE COMPANY


THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – UNSCHEDULED AMUSEMENT DEVICES AND RIDES


This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE
Description Of Amusement Device Or Ride

The following is added to Paragraph 2. Exclusions under Section I – Coverages, Coverage A – Bodily Injury And Property
Damage Liability and Coverage B – Personal And Advertising Injury Liability:
This insurance does not apply to:
Unscheduled Amusement Devices Or Rides
"Bodily injury", "property damage" or "personal and advertising injury" arising out of or in any way involving the use or
operation of any amusement devices and rides, including but not limited to circus and carnival rides, inflatable amusement
devices and trampolines.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,
hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or
“property damage”, or the offense which caused the “personal and advertising injury”, involved the use or operation of any
device or ride excluded above.
However, this exclusion does not apply to any Amusement Device Or Ride described in the Schedule of this
endorsement.

All other terms and conditions remain unchanged.

MEGL 1649 12 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission.
CERTIFICATE OF LIABILITY INSURANCE 06/05/2017
DATE (MM/DD/YYYY)

PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION


East Main Street Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Will Maddux HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 1298 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Grass Valley, CA 95945
Phone: (530) 477-6521 Email: info@theeventhelper.com INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: Evanston Insurance Company 35378
Jason Kessler INSURER B:
1013 Altavista Ave Apt B
INSURER C:
Charlottesville, VA 22902
INSURER D:

INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION
LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS

GENERAL LIABILITY EACH OCCURRENCE INCLUDES $


BODILY INJURY & PROPERTY DAMAGE 1,000,000
A Y COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $
3DS5455-M1538832 08/12/2017 08/13/2017 5,000
CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ 1,000,000
Host Liquor Liability GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000
PRO-
POLICY JECT LOC DEDUCTIBLE $ 1,000
Retail Liquor Liability $

AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)

ALL OWNED AUTOS


BODILY INJURY $
SCHEDULED AUTOS (Per person)

HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)

PROPERTY DAMAGE $
(Per accident)

GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $


ANY AUTO EA ACC $
OTHER THAN
AUTO ONLY: AGG $

EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $


OCCUR CLAIMS MADE AGGREGATE $

DEDUCTIBLE $
RETENTION $ $
WC STATU- OTH-
WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $
OTHER

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS


Certificate holder listed below is named as additional insured per attached CG 20 26 07 04.
Attendance: 400, Event Type: Meeting - Outdoor.

CERTIFICATE HOLDER CANCELLATION


Lee Park SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
201-299 2nd St NE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Charlottesville, VA 22902
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE

ACORD 25 (2001/08) © ACORD CORPORATION 1988


Policy Number: 3DS5455-M1538832 ›—””¤Œ›&fl‘ Ÿ¤“¤Œfl‘ ‘&flfi&‘&ë
›Ÿ Ó/ ÓÍ /È /Ï

Ãÿ&Õ ¤“‹—ŒÕ¤”¤“à ›ÿfl“Ÿ¤Õ Ãÿ¤ –—‘&›«Ú –‘¤flÕ¤ Œ¤fl‹ &à ›flŒ¤⁄À‘‘«Ú

–¤ŒÕ—“ —Œ —ŒŸfl“&@flÃ&—“
Ã5+, ª.º±Æ,ª7ª.¨ 7±º+8+ª, +.,´Æø./ª (Ʊ™+ºªº ´.ºªÆ ¨5ª 8±¥¥±©+.>Ê

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“øAª —? flººC¨C±Eø¥ &EG´Æªº –ªÆG±E¯G˜ —Æ —Æ;øEC¶ø¨C±E¯G˜


Lee Park
201-299 2nd St NE
Charlottesville, VA 22902

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State Specific Wording
Alabama
“This contract is registered and delivered as a surplus line coverage under the Alabama
Surplus Line Insurance Law.”

Alaska
“This is evidence of insurance procured and developed under the Alaska Surplus Lines Law,
AS 21.34. It is not covered by the Alaska Insurance Guaranty Association Act, AS 21.80.”

Arizona
Pursuant to Arizona Revised Statutes Section 20-401.1, Sub-Section B, Paragraph 1, this
policy is issued by an insurer that does not possess a certificate of authority from the
Director of the Arizona Department of Insurance. If the insurer that issued this policy
becomes insolvent, insureds or claimants will not be eligible for insurance guaranty fund
protection pursuant to Arizona Revised Statutes Title 20.

Arkansas
This contract is registered and delivered as a surplus line coverage under the Surplus Lines
Insurance Law, and it may in some respects be different from contracts issued by insurers
in the admitted markets, and, accordingly, it may, depending upon the circumstances, be
more or less favorable to an insured than a contract from an admitted carrier might be. The
protection of the Arkansas Property and Casualty Guaranty Act does not apply to this
contract. A tax of four percent (4%) is required to be collected from the insured on all
surplus lines premiums.

California

1. THE INSURANCE POLICY THAT YOU ARE APPLYING TO PURCHASE IS


BEING ISSUED BY AN INSURER THAT IS NOT LICENSED BY THE STATE OF
CALIFORNIA. THESE COMPANIES ARE CALLED "NONADMITTED" OR "SURPLUS
LINE" INSURERS.

2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY


REGULATION AND ENFORCEMENT THAT APPLY TO CALIFORNIA LICENSED
INSURERS.

3. THE INSURER DOEE NOT PARTICIPATE IN ANY OF THE INSURANCE


GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE
FUNDS WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE
INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS
PROMISED.
4. THE INSURER SHOULD BE LICENSED EITHER AS A FOREIGN INSURER IN
ANOTHER STATE IN THE UNITED STATES OR AS A NON-UNITED STATES (ALIEN)
INSURER. YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE AGENT, BROKER,
OR "SURPLUS LINE" BROKER OR CONTACT THE CALIFORNIA DEPARTMENT OF
INSURANCE AT THE FOLLOWING TOLL-FREE TELEPHONE NUMBER: 1-800-927-
4357. ASK WHETHER OR NOT THE INSURER IS LICENSED AS A FOREIGN OR
NON-UNITED STATES (ALIEN) INSURER AND FOR ADDITIONAL INFORMATION
ABOUT THE INSURER. YOU MAY ALSO CONTACT THE NAIC'S INTERNET WEB
SITE AT WWW.NAIC.ORG.

5. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE lN THE UNITED


STATES AND YOU MAY CONTACT THAT STATE'S DEPARTMENT OF INSURANCE
TO OBTAIN MORE INFORMATION ABOUT THAT INSURER.

6. FOR NON-UNITED STATES (ALIEN) INSURERS, THE INSURER SHOULD BE


LICENSED BY A COUNTRY OUTSIDE OF THE UNITED STATES AND SHOULD
BE ON THE NAIC'S INTERNATIONAL INSURERS DEPARTMENT (IID)
LISTING OF APPROVED NONADMITTED NON -UNITED STATES INSUR ERS. ASK
YOUR AGENT, BROKER, OR "SURPLUS LINE" BROKER .TO OBTAIN MORE
INFORMATION ABOUT THAT INSU RER.

7. CALIFORNIA MAINTAINS A LIST OF APPROVED SURPLUS LINE INSURERS.


ASK YOUR AG ENT OR BROKER IF THE INSURER IS ON THAT LIST, OR VIEW
THAT LIST AT THE INTERNET WEB SITE OF THE CALIFORNIA DEPARTMENT OF
INSURANCE: WWW.INSURANCE. CA.GOV.

8. IF YOU, AS THE APP LICANT, REQUIRE D THAT THE INSURANCE POLICY


YOU HAVE PURCHASED BE BOUN D IMMEDIATELY, EITHER BECAUSE EXISTING
COVERAGE WAS GOING TO LAPSE WITHIN TWO BUSINESS DAYS OR BECAUSE
YOU WERE REQUIRED TO HAVE COVERAGE WITHIN TWO BUSINESS DAYS, AND
YOU DID NOT RECEIVE THIS DISCLOSU RE FORM AND A REQUEST FOR YOUR
SIGNATURE U NTIL AFTER COVERAGE BECAME EFFECTIVE, YOU HAVE THE
RIGHT TO CANCEL THIS POLICY WITHIN FIVE DAVS OF RECEIVING THIS
DISCLOSURE. IF YOU CANCEL COVERAGE, THE PREMIUM WILL BE PRORATED
AND ANY BROKER'S FEE CHARGE D FOR THIS INSURANCE WILL BE RETURNED
TO YOU.

Colorado
"This contract is delivered as surplus line insurance under the Non-admitted
Insurance Act. The insurer issuing this contract is not admitted in Colorado but is
an approved non-admitted insurer. There is no protection under the provisions of
the Colorado Insurance Guaranty Association Act. "

"This policy is a claims-made policy which provides liability coverage only if a claim
is made during the policy Period or any applicable extended reporting Period."

"This policy is issued by an insurance company that is not regulated by the Colorado
Division of Insurance. The insurance company may not provide claims service and
may not be subject to service of process in Colorado. If the insurance company
becomes insolvent, insured’s or claimants will not be eligible for protection under
Colorado insurance law."
Connecticut
NOTICE

THIS IS A SURPLUS LINES POLICY AND IS NOT PROTECTED BY THE CONNECTICUT


INSURANCE GUARANTY ASSOCIATION OR SUBJECT TO APPROVAL BY THE
CONNECTICUT INSURANCE DEPARTMENT. IT IS IMPORTANT THAT YOU READ AND
UNDERSTAND THIS POLICY.

Delaware
"This insurance contract is issued pursuant to the Delaware Insurance
Laws by an insurer neither licensed by nor under the jurisdiction of the
Delaware Insurance Department."

Florida

“THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW. PERSONS INSURED BY
SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE GUARANTY
ACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN INSOLVENT
UNLICENSED INSURER.”

“SURPLUS LINES INSURERS’ POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA
REGULATORY AGENCY.”

Anthony Eardley, License No. E192777

Producing Agent Name and Address:


Citadel Insurance Services
826 E. State Rd Suite 100
American Fork, UT 8400
Georgia
"This contract is registered and delivered as a surplus line coverage under the Surplus Line
Insurance Law, O.C.G.A. Chapter 33-5."

Hawaii
"This insurance contract is issued by an insurer which is not licensed by the State of
Hawaii and is not subject to its regulation or examination. If the insurer is found
insolvent, claims under this contract are not covered by any guaranty fund of the
State of Hawaii."

Idaho
THIS SURPLUS LINE CONTRACT IS ISSUED PURSUANT TO THE IDAHO INSURANCE
LAWS BY AN INSURER NOT LICENSED BY THE IDAHO DEPARTMENT OF
INSURANCE. THERE IS NO COVERAGE PROVIDED FOR SURPLUS LINE INSURANCE
BY EITHER THE IDAHO INSURANCE GUARANTY ASSOCIATION OR BY THE IDAHO
LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION.
Anthony Eardley #266711

Illinois

NOTICE TO POLICYHOLDER: This contract is issued


pursuant to Section 445 of the Illinois Insurance Code,
by a company not authorized and licensed to transact
business in Illinois and as such is not covered by the
Illinois Insurance Guaranty Fund.

Indiana Nothing is required on policy

Iowa
"This policy is issued, pursuant to Iowa Code section 515.120, by
a nonadmitted company in Iowa and as such is not covered by
the Iowa Insurance Guaranty Association."
Kansas
THIS POLICY IS ISSUED BY AN INSURER NOT AUTHORIZED TO DO BUSINESS IN KANSAS AND, AS SUCH,
THE FORM, FINANCIAL CONDITION AND RATES ARE NOT SUBJECT TO REVIEW BY THE COMMISSIONER
OF INSURANCE AND THE INSURED IS NOT PROTECTED BY ANY GUARANTY FUND.

Kentucky
"This insurance has been placed with an insurer not licensed to transact
business in the Commonwealth of Kentucky but eligible as a surplus lines
insurer. The insurer is not a member of the Kentucky Insurance Guaranty
Association. Should the insurer become insolvent, the protection and
benefits of the Kentucky Insurance Guaranty Association are not available."

Louisiana
NOTICE
This insurance policy is delivered as a
surplus line coverage under the
Insurance Code of the State of Louisiana.

In the event of insolvency of the company


issuing this contract, the policyholder or
claimant is not covered by the Louisiana
Insurance Guaranty Association which
guarantees only specific policies issued
by an insurance company authorized to
do business in Louisiana.

This surplus lines policy has been


procured by the following licensed
Louisiana surplus lines broker:

Signature of Licensed Louisiana Surplus


Lines Broker or Authorized
Representative
Anthony Eardley
Printed Name of Licensed Louisiana
Surplus Lines Broker
Maine
This insurance contract is issued pursuant to the Maine Insurance Laws by an insurer neither
licensed by nor under the jurisdiction of the Maine Bureau of Insurance.

Maryland
"This insurance is issued by a non-admitted insurer not under the jurisdiction
of the Maryland Insurance Commissioner"

Massachusetts
The surplus lines insurer with whom the insurance was placed is not licensed
in Massachusetts and is not subject to Massachusetts regulations; and In the
event of the insolvency of the surplus lines insurer, losses will not be paid by
the state insurance guaranty fund.

Michigan
This insurance has been placed with an insurer that is not licensed by the
state of Michigan. In case of insolvency, payment of claims may not be
guaranteed.

Minnesota
“THIS INSURANCE IS ISSUED PURSUANT TO THE MINNESOTA SURPLUS LINES INSURANCE
ACT. THE INSURER IS AN ELIGIBLE SURPLUS LINES INSURER BUT IS NOT OTHERWISE
LICENSED BY THE STATE OF MINNESOTA. IN CASE OF INSOLVENCY, PAYMENT OF CLAIMS IS
NOT GUARANTEED.”

Mississippi
"NOTE: This insurance policy is issued pursuant to Mississippi law covering surplus lines insurance. The company
issuing the policy is not licensed by the State of Mississippi, but is authorized to do business in Mississippi as a
nonadmitted company. The policy is not protected by the Mississippi Insurance Guaranty Association in the event
of the insurer's insolvency."
Missouri
"This is evidence of insurance procured and developed under the Missouri Surplus Lines Laws. It is NOT covered by
the Missouri Insurance Guaranty Association. This insurer is not licensed by the state of Missouri and is not subject
to its supervision."

Montana

Issued in an unauthorized insurer under the Surplus Lines Insurance Law,


under surplus lines insurance producer license No.#721742 And NOT covered
by the property and casualty fund of this state if the unauthorized insurer
becomes insolvent.

BREAKDOWN OF MT SURPLUS LINES TAX

Inspection Fee

Premium Tax

Fire Tax

Stamping Fee

Nebraska
“This policy is issued by a nonadmitted insurer, and in the event of the insolvency of such insurer, this
policy will not be covered by the Nebraska Property and Liability Insurance
Guaranty Association.”
Anthony Eardley
Citadel Insurance Services
826 E. State Rd. Suite 100
American Fork, UT 84003
Citadel License #: 372006
Nevada
This insurance contract is issued pursuant to the Nevada insurance laws by an insurer neither
licensed by nor under the supervision of the Division of Insurance of the Department of
Business and Industry of the State of Nevada. If the insurer is found insolvent, a claim under
this contract is not covered by the Nevada Insurance Guaranty Association Act.

License #: 612942

New Hampshire
“The company issuing this policy has not been licensed by the state of New Hampshire and the rates charged
have not been approved by the commissioner of insurance. If the company issuing this policy becomes
insolvent, the New Hampshire insurance guaranty fund shall not be liable for any claims made against the
policy.”

New Jersey
“This policy is written by a surplus lines insurer and is not subject to the filing or approval requirements of the New
Jersey Department of Banking and Insurance. Such a policy may contain conditions, limitations, exclusions and
different terms than a policy issued by an insurer granted a Certificate of Authority by the New Jersey Department
of Banking and Insurance. The insurer has been approved by the Department as an eligible surplus lines insurer, but
the policy is not covered by the New Jersey Insurance Guaranty Fund, and only a policy of medical malpractice
liability insurance as defined in N.J.S.A. 17:30D-3d or a policy of property insurance covering owner-occupied
dwellings of less than four dwelling units are covered by the New Jersey Surplus Lines Guaranty Fund.”

New Mexico
NEW MEXICO SURPLUS LINES BROKER’S COUNTERSIGNATURE ENDORSEMENT THIS
ENDORSEMENT MUST BE ATTACHED TO THE POLICY AS PART OF THE INSURANCE
CONTRACT

"This policy provides surplus lines insurance by an insurer not otherwise authorized to transact business in
New Mexico. This policy is not subject to supervision, review or approval by the superintendent of
insurance. The insurance so provided is not within the protection of any guaranty fund law of New Mexico
designed to protect the public in the event of the insurer's insolvency."

POLICY #:
NAME OF INSURED:
CERTIFICATE #:
DATE POLICY SIGNED:
UNDERWRITING COMPANY:

Anthony Eardley
Citadel Insurance Services
826 E. State Rd. Suite 100
American Fork, UT 84003

New York
"THE INSURER(S) NAMED HEREIN IS (ARE) NOT LICENSED BY THE STATE OF NEW YORK, NOT
SUBJECT TO ITS SUPERVISION, AND IN THE EVENT OF THE INSOLVENCY OF THE INSURER(S),
NOT PROTECTED BY THE NEW YORK STATE SECURITY FUNDS. THE POLICY MAY NOT BE
SUBJECT TO ALL OF THE REGULATIONS OF THE INSURANCE DEPARTMENT PERTAINING TO
POLICY FORMS."

North Carolina
“The insurance company with which this coverage has been placed is
not licensed by the State of North Carolina and is not subject to its
supervision. In the event of the insolvency of the insurance
company, losses under this policy will not be paid by any State
insurance guaranty or solvency fund."

North Dakota
"THIS POLICY IS ISSUED PURSUANT TO THE NORTH DAKOTA SURPLUS LINES INSURANCE STATUTE
UNDER THE SURPLUS LINES PRODUCER LICENSE OF CITADEL INSURANCE SERVICES. THE INSURER
IS A QUALIFIED SURPLUS LINES INSURER, BUT IS NOT OTHERWISE LICENSED BY THE STATE OF
NORTH DAKOTA AND DOES NOT PARTICIPATE IN THE NORTH DAKOTA INSURANCE GUARANTY
ASSOCIATION."

DATE:

Ohio
THE INSURANCE HEREBY EVIDENCED IS WRITTEN BY AN APPROVED NONdLICENSED INSURER IN THE
STATE OF OHIO AND IS NOT COVERED IN CASE OF INSOLVENCY BY THE OHIO INSURANCE GUARANTY
ASSOCIATION.

Oklahoma
The insurance hereby evidenced is written by an approved non-licensed insurer in the state
of Oklahoma and is not subject to the protection of any guaranty association in the vent of
liquidation or receivership of the insurer.
Oregon
"This insurance was procured and deve