PORTSMOUTH, Va. — A Portsmouth Circuit Court judge approved the condemnation of buildings at the Portsmouth Civic Center Complex, but he's still mulling over the future of the city jail
The judge said he will give a written decision about the jail, but hasn't said when that decision would come.
In July, city officials posted orange "CONDEMNED" signs on buildings at the Portsmouth Civic Center Complex, including the city jail, magistrate's office and police department's evidence unit.
The City of Portsmouth now has 30 days to find new workspaces for employees in the police department and magistrate's office, among others.
In court Wednesday, Judge Johnny E. Morrison heard arguments from City of Portsmouth attorneys and an attorney representing Sheriff Michael Moore, who filed an injunction against the city.
The injunction has kept the jail open and operating since the July 24 condemnation notice.
The buildings were condemned due to Section 106.4 of the Virginia Maintenance Code. The code states that conditions were unsafe or unfit for human occupancy.
The code reads in full:
Notice of unsafe structure or structure unfit for human occupancy. When a structure is determined to be unsafe or unfit for human occupancy by the code official, a written notice of unsafe structure or structure unfit for human occupancy shall be issued by personal service to the owner, the owner's agent or the person in control of such structure. The notice shall specify the corrections necessary to comply with this code, or if the structure is required to be demolished, the notice shall specify the time period within which the demolition must occur. Requirements in Section 105.2 for notices of violation are also applicable to notices issued under this section to the extent that any such requirements are not in conflict with the requirements of this section.
In court, Sheriff Moore's attorney Jon Babineau argued the jail is in good condition and just needs a few repairs, but the city's attorneys would rather send inmates to the Hampton Roads Regional Jail. Babineau said the Portsmouth City Jail is the only applicable jail in the city, arguing HRRJ is superfluous to the city's primary jail responsibilities.
Sheriff Moore currently refuses to send inmates to the Hampton Roads Regional Jail due to medical problems and civil rights violations that were detailed in a U.S. Department of Justice report released in December 2018.
Burle Stromberg, an attorney representing the City of Portsmouth, argued that the repairs to the jail are unnecessary because the city pays for spots in Hampton Roads Regional Jail and it should use them.
Stromberg said Hampton Roads Regional Jail functions as a second jail within the city of Portsmouth and should operate as the city's primary jail, per the current service agreement.
Stromberg said Sheriff Moore should be sending his "first 250 inmates" to HRRJ, per the contract, and it's baffling that Portsmouth hasn't done this for years.
Moore argued that the spots the city pays for are for overflow needs.
"It's my desire to serve this city, all citizens, and that means citizens that are incarcerated. It will be neglectful on my part to add to the issues that the regional jail is having by constantly sending inmates to that facility knowing that they don't have the manpower," Moore said.
The judge's decision on the city's use of the regional jail could influence his decision to condemn or not condemn Portsmouth's city jail.
At the time of the condemnation, City Manager Dr. Lydia Pettis Patton's decision to post the notices surprised many people, including Councilmember Shannon Glover.
“First of all, absolutely I was surprised and concerned at the same time. Any time we have a public building or jail, and we have made a decision to condemn the facility that we have actively opened, that is a major concern,” said Glover.
Pettis Patton said the decision to condemn the complex came from a four-month investigation into the building's structural, environmental and mechanical integrity. The reports cited rodents and eroding concrete among the issues and noted that the Civic Center Complex needs about $59 million in repairs.
13NewsNow took a tour of the jail with Assistant Chief of Corrections Theodore Ford, to see what conditions were like.
“As you see, there are no cracks, no structures, no breaks. The facility is clean, we’re just trying to figure out what they’re talking about. The jail is typically the same from the 3rd floor to the 8th floor and they’ve got a day room and a TV,” said Ford.
Sheriff Moore sued the city for condemning the buildings without warning.
In a petition he filed on August 2, Sheriff Moore claimed it's the city's job to maintain the jail building and that they have not done that. He stood by that sentiment in court Wednesday.
Moore included the city's report, which detailed the necessary improvements, in his petition.
Sheriff's Col. Marvin Waters said that the Sheriff had to file the petition.
“The city was neglecting the building and didn’t want to take care of or update, so they had to use a legal method to basically make them do their job,” said Waters.
Waters said inside that jail 250 inmates and 80 employees rely on city officials to maintain the building.