The Board of Public Works unanimously approved a settlement that resolves a lawsuit filed against the Office of the Chief Medical Examiner following the death of Anton Black five years ago.

The family of Black and his estate receive $100,000. Another $135,000 will be paid to lawyers representing the Coalition for Justice for Anton Black.

The settlement also includes landmark changes to the Office of the State Medical Examiner, according to a statement issued by the ACLU of Maryland on behalf of Black’s family and the coalition. Those reforms were announced shortly after the three-member board approved the cash payment.

Included in that settlement are new policies advocates say set explicit guidelines for how in-custody deaths are to be reviewed by the agency.

As part of that, the office is required to adopt national standards for how such deaths are investigated and how a cause of death is determined. The National Association of Medical Examiners requires a death to be ruled a homicide whenever it is determined that the death would not have occurred but for the intentional conduct of another person.

The new policies also require impartial investigations free from improper police influence. No one who is not an employee of the medical examiner’s office can provide input about the autopsy, inspection, or examination.

All completed autopsy results must be presented to the chief or deputy medical examiner for approval prior to release.

Families who receive autopsy reports must be informed of their rights to seek a correction or review findings.

“This settlement is an excellent first step, but as we engage in this new process community members must stay vigilant and engaged to make sure it’s effective,” said Richard Potter, founder of the Coalition for Justice for Anton Black. “The best frontline approach to eliminating harm is increasing accountability within. That is why I hope that with this settlement agencies will begin to recognize their own wrongdoings, catch them and change them before they cause harm. What is needed is a sense of shared ownership that can only come through trust and mutual accountability, with police confronting their own biases about mental illness, committing to de-escalation, and truly serving a diverse community.”

The settlements resolve all open lawsuits filed following Black’s death in police custody.

“This hard-fought settlement is about ensuring that the Maryland Office of the Medical Examiner tells the truth about what happened when people, and particularly Black people, are killed by police or corrections officials,” said Sonia Kumar, senior staff attorney with the ACLU of Maryland. “We can’t prevent such deaths if we aren’t honest about what caused them, and this settlement is a crucial step towards that goal in future cases. We hope this settlement will make a real, positive impact, but it is truly just the beginning of the reckoning needed to address decades of misrepresentations so we can bring justice to families still waiting for the government to tell the truth.”

The panel, which includes Gov. Wes Moore (D), Comptroller Brooke Lierman (D) and Treasurer Dereck Davis (D) approved the financial settlement without discussion or debate.

Following the meeting, Moore declined to take questions on the settlement. In a later statement, his office said he was “pleased to support this recommended settlement agreed upon by the Attorney General’s Office, the Black Family, and the Coalition to satisfactorily resolve their legal claims against the Office of the Chief Medical Examiner.”

Black, then 19, died on Sept. 15, 2018, after being restrained by police officers on a ramp in front of his mother’s home in the Eastern Shore town of Greensboro.

Black was seen on a bridge putting a younger acquaintance in a headlock. He was then chased by three white police officers and a white civilian.

The officers then attempted to subdue Black. They wrestled him to the ground, used a stun gun on him, held him down and, after handcuffing him, sat on top of Black for several minutes.

An autopsy performed by the Office of the Chief Medical Examiner ruled Black’s death the result of cardiac arrest. The report cited no evidence that Black was asphyxiated due to the restraints used by the officers.

In a 2020 federal civil rights lawsuit, Black’s family and the coalition claimed that excessive force and racial bias led to his death. They alleged the cause was “positional asphyxiation.” The family and lawsuit also alleged that the medical examiner and police from Greensboro, Ridgley and Centreville engaged in a cover-up.

That lawsuit was settled a year ago for $5 million.

Two years ago, the Office of the Attorney General began an audit of autopsy findings by the Office of the Chief Medical Examiner.

The review of 100 cases was ordered after former Chief Medical Examiner Dr. David Fowler testified in the trial of Derek Chauvin, a Minnesota police officer accused of killing George Floyd. Fowler, during testimony in that case, refused to classify Floyd’s death as a homicide.

That audit is ongoing.

Black’s death became a pivotal point leading to police reforms.

The legislature passed a package of reforms of law enforcement in Maryland in 2021. Included in that was Anton’s Law. The law provides public transparency on disciplinary records of Maryland police officers. That transparency extends to complaints and investigations of officers both in their current jobs as well as positions in other agencies.

Previously, those records were shielded from the Maryland Public Information Act.

By Bryan P. Sears

County leaders are being warned to be reasonable when considering using zoning to restrict cannabis businesses.

The warning comes as the Maryland Cannabis Administration is about to open the application window for a social equity round of licenses that will award more than six dozen new dispensary licenses. Some county officials are frustrated by what they see as a vagary in the state law or a usurpation of local control of land use, the Maryland Association of Counties called for a measured approach when it comes to zoning.

“So, there have been all kinds of proposals that are sort of wacky and out there in terms of how to skirt this law. …Maybe we could put up a bunch of tiny libraries all over the county, and that’s a library so we don’t have to allow,” a dispensary nearby, said Kevin Kinnally, the association’s legislative director. “That’s not going to fly. It’s not going to fly. It’s not going to work. And it actually makes things more difficult dealing with the legislature in my mind, because when they see things like that, they tend to come down with a pretty heavy hand and we don’t want to be in a situation where we’re further preempted. So, I would ask everyone to please try and stay within reason.”

The state is on the cusp of a dramatic expansion of its cannabis industry.

Currently, there are 101 licensed dispensaries in the state. The licenses are distributed relatively equally across 47 legislative districts.

Even so, a handful of counties have “no exposure to cannabis businesses today and that is definitely going to change moving forward,” said Will Tilburg, acting director of the Maryland Cannabis Administration.

“So, we’re talking about a total of 75 dispensaries in this round, which would bring the state total to 176 compared to about 7,000 alcohol outlets in the state,” said Tilburg. “So, it’s not really an apples-to-apples comparison in terms of market access or distribution of these when comparing to alcohol or tobacco outlets in the state.”

The coming round will issue more than 170 licenses to bolster social equity in the industry.

These licenses aim to boost ownership in communities disproportionately affected by historical drug enforcement efforts, primarily impacting Black and Brown individuals.

Nineteen of the state’s 24 major political subdivisions will receive between one and three of those social equity dispensary licenses in the coming round. Montgomery and Prince George’s Counties will receive nine and 11 will go to Baltimore City, according to the Maryland Cannabis Administration.

Another round is expected in May. A third round could bring more licenses based on supply and demand needs in Maryland.

“There are approximately 280 Mickey Ds in the state of Maryland,” said Shad Ewart, a professor who teaches cannabis entrepreneurship at Anne Arundel County Community College. “There are approximately 290 Starbucks in the state of Maryland, there will be 300 dispensaries in the state of Maryland.”

Undue burden ‘pretty clear’

Some jurisdictions, however, are looking to zoning to limit where dispensaries can be located.

State law passed earlier this year and signed by Gov. Wes Moore (D) was meant to limit counties from making it difficult for cannabis businesses to open and operate.

Senate Education, Energy and Environment Committee Chair Sen. Brian Feldman, (D-Montgomery) said the new law was intended to prevent a repeat of what happened at the start of medical cannabis licensing. Counties including Anne Arundel and Prince George’s attempted to limit where businesses could locate.

“From a statewide perspective, we don’t want to have local governments that basically have veto authority over a state policy that … not only did we pass the bill, but it was predated by a 70% approval vote by the voters of Maryland,” said Feldman. “So, if we do need to go back in and do some clarifying and some tightening to basically uphold the intent of the state legislature here, then I think there will be a desire to do that.”

“But … I don’t want to pregame this entirely because I want to see how this all plays out,” he added.

Feldman said the new law offers a guide to the major political subdivisions, prohibiting them setting zoning or other requirements that are an undue burden on a cannabis business. The law also prohibits local governments from imposing “more burdens on cannabis businesses than those imposed on other businesses that have impacts in the area where the cannabis licensee is trying to locate,” said Feldman.

“I think it’s pretty clear language,” said Feldman.

Prince George’s eyes industrial zones for cannabis

In Prince George’s County, the council is again considering legislation prohibiting cannabis dispensaries in commercial zones. Instead, dispensaries would be pushed to industrial areas which include business parks.

But those efforts are conflicting with the goals of increasing the number licensees in communities disproportionately affected by the war on marijuana.

Recreational marijuana for adults was legalized in 2022 by a 2-1 margin statewide. That vote came five years after the state’s first legal sales of medical marijuana.

Black and Latino residents make up 85% of the population in Prince George’s County. Seven in 10 voters supported legalization in the 2022 election.

Nine new dispensary licenses are planned for the county. The amount is second only to Baltimore City where 11 are expected.

Councilmember Krystal Oriadha (D), lead sponsor of the Prince George’s zoning bill, said many are frustrated by the large number of liquor stores in the county. There is a desire to not see the same thing happen with recreational cannabis.

Oriadha said the county needs to pass zoning requirements before new licenses are issued “to ensure there is not a gap that allows for these cannabis dispensary stores to saturate communities like mine.”

Community members who testified this month in opposition to allowing dispensaries in commercial areas cited property values, public health concerns and damage to property values because of “marijuana shops on every corner.”

Prince George’s County Councilman Edward P. Burroughs III (D) said many people in his district do not want dispensaries in commercial areas.

“I am here to represent them, and I believe that placing the cannabis dispensaries in industrial zones is fair,” Burroughs said during a council meeting. “I think it’s important that we raise the aesthetic of our community, that we fight for more quality development. This county should be more than a Royal Farms, a tobacco store, a liquor store, and a cannabis shop in our shopping centers. I do know that a lot of my friends will have no problem with driving to an industrial zone to support these businesses.”

During a recent council meeting, community members compared the proliferation of dispensaries to existing concerns about the number of liquor stores in the county. Others expressed concerns about public health and safety, access to the drug by minors and property values.

In Prince George’s County there are 18.1 liquor stores per 100,000 people, according to the Prince George’s County Health Department.

Currently, there are nine cannabis dispensaries in the county of nearly 1 million residents. Two other approved licensees have yet to find an area to locate their business and are not operational.

Supporters note that the county is already pushing tobacco shops, colloquially known as smoke shops, into the same areas.

Councilmember Jolene Ivey (D) said such efforts are meant to reduce smoke shop business.

“So, I know that with liquor stores and smoke shops that we passed legislation to send them to industrial zones and the reason why we did that is because we do want to smother them,” said Ivey. “We don’t want the proliferation of smoke shops, but this is not the same thing. So, if what we did before with smoke shops was fully intended to stop smoke shops. Then what are we doing here when the intention of the state was to provide equity?”

Other members warned that passage of the legislation will land the county in court.

‘Creative’ legal advice

In August, county leaders attending the annual Maryland Association of Counties summer conference in Ocean City were advised to look to look at how they zone businesses that are like cannabis growing, processing and dispensing operations.

“The way things are right now, many counties have actually already been zoning something similar,” said Roscoe Leslie, county attorney for Worcester County. “We’ve been doing this with medical cannabis already. Many of the counties either already have expressed the zoning in their codes already for businesses that are similar to recreational cannabis, or we have policies interpreting our current laws to fit the medical businesses into zoning categories. So, I think it’s going to be potentially pretty tough to implement ordinances that are more strict than your medical cannabis, things are in place.”

Leslie said there may also be some wiggle room. Some of that could come in the form of tweaks to address parking issues or long lines.

“I don’t think you’re going to be able to push the envelope too much further,” he told the crowd. “There are some opportunities to be creative, I think.”

Maryland’s cannabis law allows local governments to prohibit dispensaries within 500-feet of schools, daycares, libraries, rec centers, parks, and playgrounds.

“Could it be that some creative lawyers could advise you to build a pocket park or a tiny library in a place where you don’t want a dispensary to be located?” Leslie told the crowd. “I encourage you to talk to your lawyers about that. People here in Ocean City have a public beach that runs the whole length of the city. So, I think you could argue that that’s a park and then you can’t have a dispensary within 500 feet of the Ocean City beach. But again, I’m not giving legal advice here.”

William Mackey, planning director in Kent County, said adult-use cannabis businesses will be rolled into existing zoning codes.

“Kent County has a long standing and formal policy for medical uses, that if retail is permitted in the zoning district, then a dispensary could be permitted,” Mackey said last week at the Maryland Association of Counties symposium. “If manufacturing is permitted in the zoning district, then processing could be [permitted in the district]. And if agriculture was permitted in the zoning district, then a grower would be permitted. And we just formalized that as a resolution that same policy rolling forward for what we call non-medical uses.”

In Charles County, officials looked to use laws regarding alcohol licenses as a guide for preventing a cluster of licensed dispensaries.

“We have in our zoning code, you can only have so many licensed alcohol establishments per election district,” Charles County Attorney Wes Adams said during the association symposium. “So, we’ve taken that same approach. It will allow for that equitable distribution.”

Legislature could pre-empt counties

The struggle with zoning for new cannabis businesses, particularly in Prince George’s County, is attracting the attention of state officials who appear poised to step in and limit county authority.

“I’ve heard from the administration that they are not happy with what some counties are doing,” said Kinnally. “And so, they’ve essentially said ‘We’re going to put a bill in to clarify a lot of this stuff. We don’t want to preempt you further, but some of this stuff that we’re seeing is not going to fly.'”

Kinnally later identified Prince George’s County as one being watched by the governor.

A spokesperson for Moore did not respond to a request for comment.

Feldman, the Senate chair, said he and other lawmakers may file legislation further limiting the ability of local governments to use restrictive zoning practices to limit cannabis businesses.

“I could absolutely envision some clarifying language on these provisions that I keep citing to make it clearer and tighter if there is ambiguity and the stakeholders believe there’s ambiguity,” said Feldman. ” We do that on a lot of bills, particularly large bills. We come back the next session, and we tighten up the language.”

The Spy was part of an overflow crowd of 400 members of our community who attended a prayer vigil supporting Israel and mourning the loss of innocent lives held at Temple B’nai Israel in Easton on Thursday, October 29th.

The event was hosted by Rabbi Peter Hyman and an interfaith coalition of religious faith leaders, including Father James Nash of Saints Peter and Paul Roman Catholic Church, Reverend Sue Browning of the Unitarian Church, Rector Steven Mosher of Christ Church in St. Michaels and Kevin Cross, Rector of the Church of the Holy Trinity in Oxford. 

Together with members of their congregations, they came together to embrace the Jewish community in Talbot County and on the Mid-Shore, which has been reeling from the horrors of last week’s brutal attack on Israel. The standing room only crowd was overwhelmed by the heartfelt and beautiful words of support from the interfaith community.

One of those in attendance, Madeleine Cohen, said: “Each of the faith leaders who spoke was distinctly moving in their messaging and delivery, conveying much appreciated sympathy and compassion during this time of crisis.”

Temple member Sharon Berg, a citizen of Israel with a second home in Talbot County, read aloud a selection of harrowing real-time text messages from her friends and neighbors in Israel, describing the horror of war and the resiliency of the Jewish people. In a stirring show of support, a cadre of local officials, including state senators, town and county council members, and other community representatives, stood shoulder to shoulder on the pulpit with Rabbi Peter Hyman as he read a proclamation from the Town of Easton.

The vigil reminded us that from time to time, it is essential to turn off the news and be with people, light candles, read responsively, bow our heads in prayer, and realize that we are not alone. 

 

The long-planned first phase of the Chestertown Heritage Trail from Wilmer Park to the Rails to Trails path is gaining traction with a town council proposal to the county commissioners for funding.

The proposal, as written by Ward 2 Council Member Tom Herz states, “This initiative seeks to combine the rich cultural and natural heritage of our region with opportunities for public access to the Chester River, education, and regional economic development. We are requesting $350,000 in funding to initiate this transformative project.”

Herz sees this proposal to the County as an inclusion in their legislative agenda to the Maryland General Assembly and an opportunity to access various state grants for the initiative. This approach has not been tried in the past.

The Spy recently interviewed Tom Herz about the Heritage Trail along with a wider ranging update on how ARPA funds have been applied to downtown projects, concern with affordable housing and rentals, and working with Chestertown’s new town manger Lawrence DiRe.

Herz is running unopposed in the November election.

This video is approximate ten minutes in length.

Every month, the Spy and our nonprofit media partner, WHCP Community Radio, have the opportunity to talk to Justin Todd, the Chief of Police for Cambridge, about public safety and crime prevention issues. As viewers have noted over the past several interviews, Chief Todd has thought long and hard about law enforcement during his lifetime career, and each session is an extremely helpful exchange on how small cities like Cambridge can fight crime effectively.

But this month’s installment last Wednesday was particularly insightful as Todd talked candidly about the unintended consequences of Maryland’s Juvenile Justice Reform Act of 2022. The law generally prohibits enforcement officers from detaining anyone under 13 after committing most crimes. The legislation’s goal was to steer youth away from formal court processing, protect due process rights, safeguard against deceptive interrogation techniques, limit solitary confinement and restraints, and other issues related to being separated from families.

In the case of Cambridge, this has led, for example, to an unprecedented surge in stolen cars by kids, but even more devastating for Todd is that gangs have recruited some of these children, now in hand with their “get out of jail” cards, to commit serious crimes.

As Cambridge ‘s law enforcement attempt to cope with this unique loophole, the chief is hopeful that Annapolis lawmakers will begin to address this issue in this year’s legislative session.

The Spy’s Dave Wheelan talked to Chief Todd by Zoom this week.

This video is approximately five minutes in length.

 

At the Wednesday, October 5 meeting of the Historic District Commission, Washington College resubmitted its application for approval of the demolition of the Chestertown Armory.

The original application filed in December 2022 was withdrawn due to a procedural error. The new application reflects the original, including the College’s intent to raze all or part of the structure and build a boutique hotel.

Washington College President Michael Sosulski read the application text.

HDC Commissioners passed a motion acknowledging that the 1931 armory met the qualifications of a historic structure but that further demolition consideration should address structural and site remediation studies by professionals chosen by the HDC and independent of the College and the Town.

“…there were some elements in the application that I didn’t feel gave a complete enough or current enough Commission report that would be very interesting and informative for our use in the second hearing.” Commissioner Samantha Holloman stated.

Holloman said that the 2012 structural report included in the College’s application should be updated and that the whole structure should be evaluated in light of the site’s proximity to the river, and ongoing environmental degradation should be a key topic.

The Commission also requested further records of remediation applications to State or Federal funds.

“Since the building is on the historic registry, state and federal funds for remediation and rehabilitation could have been applied for and used in the years of the College’s ownership, any paperwork that any applications that demonstrate your attempts to rehabilitate the building would be really informative and useful. That will give us an understanding of how well certain bits of remediation work and don’t work. Of course, the proposed design for the hotel, if certain elements cannot be included, is going to be central to any discussion,” Holloman added.

The Commission also requested an economic evaluation of costs for preservation remediation, if possible, versus demolition of all or parts of the armory structure.

A 75-page report by the College’s environmental consultants was submitted on the Monday before the meeting. No costs were included.

Commissioner McDowell also requested a cost analysis for site mold and structural remediation.

Community members spoke in support of the armory preservations and demotion after the Commissioner’s information requests were made. All speakers are presented in the video.

A date for the second meeting is to be announced.

The meeting can be seen in its entirety here and is approximately fifty minutes in length.