John Stark
.44 mag
He can't designate the entire area as an emergency shelter.
Read it again. That law states "except to the extent" of this or that or this.
That statute is not limited to designating an area as emergency shelter.
Further, by the time his opponents get this in a court of law (if they even bother), and his AG counter sues and drags it out, the day of the rally will have come and gone.
Good luck getting an emergency injunction before the protest day comes, and there is no guarantee any judge will grant one even if they sprint in court with their plea.
Theoretically Northam might(!) be in violation of that statute, but by waiting to declare his temporary emergency, its practically impossible to stop it or get rid of it now unless the VCDL lawyers move very fast and get a very friendly judge.