Author: Eric Burk

Chincoteague Church Tries Again with Lawsuit Against Northam for 2020 Capacity Limits

Eric Burk

Chincoteague-Island-based Lighthouse Fellowship Church (LFC) has filed a second opening brief in a lawsuit against Governor Ralph Northam over 10-person capacity limits instituted in Spring 2020. Although Fourth Circuit Court of Appeals Judge Arenda Wright Allen ruled that the church couldn’t sue the governor and that the case was moot since Northam had ended the capacity restriction, Liberty Counsel argues on behalf of the church that Wright was mistaken.

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Hospitals Saw 10 Percent Decrease in Inpatient Volumes in 2020, Driving Lower Revenue

Eric Burk

Virginia hospitals saw a 10 percent decrease in inpatient volumes in 2020 and a 30 percent decrease in emergency department visits, according to the Virginia Hospital and Healthcare Association (VHHA). On Wednesday, VHHA staff held a virtual press conference presenting an update on hospitalization and emergency department visit trends. Hospitalization data does not show a COVID-19-lockdown baby boom, but rather a decrease in usage of hospital pregnancy services when compares to previous years. On the other hand, inpatient discharge data shows an increase in treatment of alcohol, drug use, and related mental disorders, a trend that began before COVID-19.

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Virginia NFIB: Business Is Improving, but Employers Are Having Trouble Filling Positions

Eric Burk

As the country emerges from COVID-19 restrictions, small businesses are doing better, according to a March report from the National Federation of Independent Business (NFIB). However, uncertainty about the next few months for business owners is still high, and businesses are having trouble finding qualified workers to fill positions.

“Virginia’s small businesses are working hard on their recovery but are struggling to find the right workers to fill open positions,” NFIB Virginia State Director Nicole Riley said in a Wednesday press release

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Cox Calls for Small-Group and Individual Tutoring to Address Learning Loss

Eric Burk

Gubernatorial candidate Delegate Kirk Cox (R-Colonial Heights) agrees that schools need to be reopened immediately. But he says that’s not enough — policymakers need to address learning losses. Districts like Fairfax County have reported spikes in failing grades. Parents and medical studies have expressed concern over the long-term harms caused by a year of virtual learning. Cox is calling for tutoring programs to help students recover academically, and he says he is willing to be one of those tutors.

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New Democratic Primary Poll Shows McAuliffe Still in the Lead

Eric Burk

New polling data shows former Governor Terry McAuliffe in the lead with 42 percent, while his closest opponents, Jennifer Carroll Foy and Senator Jennifer McClellan (D-Richmond) both had 8 percent support, while 29 percent of voters remain undecided.  Lieutenant Governor Justin Fairfax and Delegate Lee Carter (D-Manasses) came in with seven percent and four percent respectively, placing all the candidates except McAuliffe within range of each other, given the 4.3 percent margin of error. Public Policy Polling conducted the interviews of 526  likely Democratic primary voters on April 12 and 13.

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Virginia Department of Education Announces Guidelines for Reopening Schools

Eric Burk

The Virginia Department of Education announced a new set of guidelines for school reopening, the result of a workgroup created in February. The guidelines include recommendations for remediating learning loss, note that virtual learning doesn’t work for every students, calls for special attention for vulnerable populations, and say that more staff may be needed to keep student-teacher ratios low.

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Loudoun County Board of Supervisors Follows Through on Threat to Only Grant Small Budget Increase to Commonwealth’s Attorney

Eric Burk
Buta Biberaj

The Loudoun County Board of Supervisors has followed through on plans to grant Commonwealth’s Attorney Buta Biberaj a smaller funding increase than requested. On April 6, the supervisors finalized the budget that only approves adding four positions for the office. Biberaj had asked for up to 12 new positions, but supervisors worried about high turnover within the office and said their constituents were complaining about Biberaj not taking enough domestic violence cases to trial, leaving women victim’s in danger.

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Stand Up Virginia Launches Petition to Recall Fairfax Commonwealth’s Attorney Descano

Eric Burk

Stand Up Virginia held a rally outside the Fairfax County Government Center on Tuesday evening announcing the launch of an effort to recall Fairfax County Commonwealth’s Attorney Steve Descano. About 75 people attended the event, according to Stand Up Virginia President Brenda Tillett, who said she had also heard from supporters who couldn’t attend due to government jobs.

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Virginia State Police to Investigate Windsor Traffic Stop Use-of Force

Eric Burk

The Virginia State Police (VSP) are investigating the December traffic stop of Army officer Lieutenant Caron Nazario, who was pepper sprayed by officers from the Town of Windsor, according to press releases from Town Manager William Saunders. In a Sunday evening press release, Saunders announced that Officer Joe Gutierrez, one of the officers from the stop, had been fired. The incident has become a subject of statements by candidates for public office. It has also drawn the attention of Governor Ralph Northam, who said he was ordering a VSP investigation, and Attorney General Mark Herring.

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Democratic Gubernatorial Endorsements Reveal Key Policies of Progressive Advocacy in Virginia

Eric Burk

Progressive non-profit Clean Virginia announced its endorsement of gubernatorial candidate Jennifer Carrol Foy, backed by a pledge of $500,000 from the group’s PAC. Clean Virginia, known for its anti-utility advocacy, features a pledge for politicians to declare they will not accept campaign money from or own stock in Dominion Energy and Appalachian Power.

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Deadlines Approach for Annual U.S. Congressional Art Competition for High School Students

Eric Burk

Every year, the U.S. Congress holds an art competition for high school students sponsored by the Congressional Institute; winners are selected from each congressional district and their art is displayed in the Capitol for the next year.

“The Artistic Discovery Contest is an opportunity to recognize and encourage the artistic talent in the nation, as well as in our congressional district,” states an announcement from Representative Bobby Scott (D-VA-03).

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McAuliffe, Chase, and Cox Announce Significant Endorsements

Eric Burk

Governor Ralph Northam endorsed his predecessor to be his successor. Gubernatorial candidate and former Governor Terry McAuliffe received Northam’s endorsement in a week with several key gubernatorial endorsements. On Thursday, the governor appeared with the former governor in Norfolk.

“We need a leader that can continue this progress. We need a leader that will bring us out of COVID-19, a leader that will help small businesses. A leader that will promote equity in the Commonwealth of Virginia. Terry McAuliffe will do that,” Northam said.

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Former Portsmouth Police Chief Greene Sues City, Senator Lucas

Eric Burk

Former Portsmouth Police Chief Angela Greene is suing the City of Portsmouth and Senator Louise Lucas (D-Portsmouth), along with several other civic leaders and current and former city officials. Former City Manager Lydia Pettis-Patton placed Greene on leave in the wake of a June protest at the Portsmouth monument that led to Greene’s department filing felony charges, later dropped, against Lucas. Greene was finally terminated in November. Her lawsuit bundles multiple complaints against multiple figures.

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Democrats Approve Northam’s Investigation into Parole Board Investigation

Eric Burk

Democrats approved Governor Ralph Northam’s proposal for an investigation into a 2020 investigation of the Virginia Parole Board. In Wednesday’s veto session, legislators passed a Northam budget amendment funding a $250,000 investigation into the 2020 Vincent Martin parole investigation. Although both Republicans and Democrats have been calling for a new investigation, Republicans said the proposal was too narrow and criticized the decision to allow the Attorney General any oversight.

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In Debate, Democratic Gubernatorial Candidates Discuss Gun Violence and the Parole Board

Eric Burk

The five Democratic candidates for governor met for the first televised debate on Tuesday evening where they discussed issues including the economic crisis, gun violence, marijuana legalization, the Virginia Parole Board, and vaccine hesitancy. For the most part, the candidates stuck to discussing their own policies, but occasionally turned to attack perceived front-runner McAuliffe.

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Public Hearing Scheduled to Consider Plastic Bag Tax in Roanoke

Eric Burk

The Roanoke City Council is considering a five-cent tax on disposable plastic bags, like grocery store or convenience store bags. On Monday, the Council agreed to schedule a public hearing on April 19.

The tax was legalized by the 2020 General Assembly. HB 534, introduced by Delegate Betsy Carr (D-Richmond), and SB 11, introduced by Senator Adam Ebbin (D-Alexandria), authorize localities to enact five-cent taxes on disposable plastic bags and require the localities to use revenue from the tax for environmental cleanup and to provide re-usable bags.

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Virginia State Senator Morrissey, Lt Gov. Fairfax Renew Call for Mandatory Minimum Sentences Repeal

Eric Burk
State Sen Joe Morrissey and Lt Gov. Justin Fairfax

While the General Assembly passed some landmark progressive legislation in the 2021 session, including a death penalty repeal, one expected criminal justice reform died at the last minute. Lieutenant Governor Justin Fairfax and Senator Joe Morrissey (D-Richmond) renewed calls for ending mandatory minimum sentences, except for murder of law enforcement officers, at a Monday press conference.

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Chase’s Censure Lawsuit Has Hearing in Federal Court

Eric Burk
Amanda Chase

A federal court heard a motion to dismiss Senator Amanda Chase’s (R-Chesterfield) lawsuit over censure on Thursday. The arguments took hours, and the judge said he would take some time to consider the motion before issuing a ruling on whether the suit can go forward, according to an update from Chase and her lawyer Tim Anderson.

The motion to dismiss argues that censure is a political question outside the jurisdiction of the court, and that the defendants — the Senate and Senate Clerk Susan Schaar — have sovereign immunity. However, Anderson argued that Chase was censured for things she had said, making the censure a violation of her First Amendment rights.

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Virginia Supreme Court Allows Charlottesville to Remove Lee and Jackson Statues

Eric Burk

The Supreme Court of Virginia ruled Thursday that Charlottesville can remove a statue of Robert E. Lee and a statue of Stonewall Jackson from its parks. In February 2017, the city chose to remove the Lee statue, triggering a lawsuit. Then, in the wake of the violent Unite the Right rally, the city reaffirmed its decision to remove the Lee statue and to remove the Jackson statue as well, according to court documents.

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Redistricting Will Not Be Complete in Time for 2021 House of Delegates Elections

Eric Burk

Redistricting for Virginia’s legislative districts will not be complete in time for the 2021 House of Delegates elections, according to a draft timeline presented at a Virginia Redistricting Commission (VRC) meeting Tuesday. Census data is not expected until mid-August, which starts a 45-day timeline for the commission to send completed House and Senate maps to the General Assembly. As a result, Virginia may have House of Delegates races three years in a row: 2021, 2022 based on new districts, and the regularly scheduled 2023 election.

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Chase Says Convention Rigged, Will Run as Independent if Snyder Wins Nomination

Eric Burk

Senator Amanda Chase, candidate for the GOP nomination for governor, says she will run as an independent if Pete Snyder is nominated. Chase appeared on The Jeff Katz Show on Tuesday, where she said that the convention process selected by the Republican Party of Virginia is rigged.

“After all the conventions that I participated in for over a decade, I can tell you, that these conventions are rigged. It’s voter suppression,” Chase said.

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Northam Proposes Legalizing Marijuana in July

Eric Burk

Marijuana legalization is back on track for July, after Governor Ralph Northam announced amendments to legalization legislation. In February, legislators surprised marijuana policy watchers by delaying the effective date of legalization until 2024, leading the American Civil Liberties Union of Virginia to blast the bills as worse than nothing. Since then, legalization advocates have lobbied Northam to amend the legislation to go into effect in July, when most other recently-passed bills take effect.

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Virginia Family Foundation Sues over New Transgender Public School Guidelines

Eric Burk

The Family Foundation is suing the Virginia Department of Education (VDOE) over its Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools. The model policies took effect March 6, 2021, and school boards must adopt policies consistent with the model by the beginning of the 2021-2022 school year. However, the Family Foundation says there are legal problems with the policies and that the VDOE did not properly address comments made during a legally required public comment phase.

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Northam, Beyer and Buttigieg Announce $3.7 Billion Transforming Rail in Virginia Initiative

Eric Burk

New U.S. Transportation Secretary Pete Buttigieg and Congressman Don Beyer (D-Virginia-08) joined Governor Ralph Northam at Alexandria’s Amtrak station Tuesday. Northam announced a partnership with Amtrak, CSX and the Virginia Rail Express (VRE).  The partnership includes a $3.7 billion investment into expanding infrastructure, funded by Amtrak, state, and regional partners.

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Loudoun Board of Supervisors Criticizes Commonwealth’s Attorney for Handling of Domestic Violence Cases

Eric Burk

The Loudoun County Board of Supervisors has decided to give Commonwealth’s Attorney Buta Biberaj a smaller budget increase than requested amid concerns over high turnover in Biberaj’s office and her handling of domestic violence cases. In recent budget work sessions, supervisors cited a statistic that out of 735 cases, Biberaj’s office dismissed 491 cases. As an elected official, Biberaj herself is not under the authority of the board, but the county contributes a significant portion of her office’s budget.

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Former Trump Press Secretary and Arkansas Gubernatorial Hopeful Sarah Sanders Endorses Pete Snyder for Virginia Governor

Eric Burk

Former White House Press Secretary Sarah Huckabee Sanders has endorsed Virginia gubernatorial candidate Pete Snyder. On Thursday, the Snyder campaign posted a video call between Snyder and Sanders on YouTube.

In the video, Sanders said Snyder was a strong Trump supporter who would fight for schools and businesses to be open.

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Spanberger, Wittman Announce Bill to Allow 529 Funds to be Used for Technical Education

Eric Burk

Congresswoman Abigail Spanberger (D-Virginia-07) reintroduced the Freedom to Invest in Tomorrow’s Workforce Act on Tuesday. The bill, HR 2171, allows tax-advantaged 529 education savings accounts to be used to pay for tuition, exam, and supplies for technical education. Spanberger was joined by cosponsors including Congressman Rob Wittman (R-Virginia-01), Congressman Fred Upton (R-Michigan-06) and Congressman Dean Philips (D-Minnesota-03.)

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Virginia Democratic Gubernatorial Candidates Attack Their GOP Counterparts

Eric Burk

Four Democratic candidates for governor blasted their GOP counterparts in a joint statement Thursday.

“Last week, the entire Republican field took their complete embrace of Donald Trump a step beyond the far right extremism that has become the norm in the Virginia GOP,” wrote candidates Jennifer Carroll Foy, Delegate Lee Carter (D-Manassas), Terry McAuliffe, and Senator Jennifer McClellan (D-Richmond.)

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Virginia Wedding Venue Appears in Court to Fight COVID-19 Capacity Limits

Eric Burk

Outdoor wedding venue Belle Garden Estate (BGE) appeared in court Wednesday in a lawsuit against Governor Ralph Northam. BGE’s lawyer Tim Anderson argued that Northam’s executive orders violate the establishment clause of the First Amendment, since religious weddings have no capacity limits, but secular weddings are capped by executive order. Northam’s lawyer argued that the right to have a wedding is not infringed, just the capacity allowed at a wedding. BGE sought an injunction blocking enforcement of executive orders that limit wedding venues differently from other businesses.

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Travis Hackworth Wins Senate District 38 Special Election

Eric Burk

Republican Travis Hackworth won the 38th Senate District seat in a special election held Tuesday. Hackworth will fill a seat left vacant when Senator Ben Chafin (R-Russell) died of COVID-19 early in 2021.

“We were hoping for a 70-30 victory and to hit 75 percent, it’s just amazing. It just shows how the people in the 38th District are still conservative Republicans that want to elect a senator like Senator Chafin, who will go up there and fight Richmond and just be conservative,” Hackworth told The Virginia Star.

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Virginia Parole Board Investigator Jennifer Moschetti Fired

Eric Burk

The Office of the State Inspector General (OSIG) fired senior investigator Jennifer Moschetti on Monday. Moschetti had investigated and helped write a report detailing violations committed by the Virginia Parole Board. Moschetti had sought formal recognition as a whistleblower from the General Assembly, but when she was placed on leave from her OSIG job, she sued to keep herself from being fired.

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Northam Signs Bill to Remove Statue of Democratic Governor Harry Byrd, Sr.

Eric Burk

Former Democratic Governor and U.S. Senator Harry Byrd, Sr., is finally leaving Virginia’s Capitol Square. On Friday, Governor Ralph Northam signed Delegate Jay Jones’ (D-Norfolk) HB 2208, which directs the Department of General Services to place the statue in storage until the General Assembly decides what to do with it. Byrd is known for his decades of political power, which he used to boost Virginia economically, build roads, and fight desegregating schools.

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Governor Northam Signs Consumer Data Protection Act

Eric Burk

Virginia now has consumer data protection laws after Governor Ralph Northam signed HB 2307. Out of 139 legislators in the General Assembly, only 15 voted against the Consumer Data Protection Act. According to legal site JDSupra, that makes Virginia the second state (after California) to pass such a law.

Key provisions of the bill allow consumers to opt out of data collection, require entities to post conspicuous notices when collecting data to be sold to third parties, and require them to post privacy notices describing how to opt out. However, the bill also allows those entities to deny the opt-out request under certain circumstances, authorizing the consumer to file a complaint through the attorney general.

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Judge Rules Gourmeltz Can Stay Open While Case Proceeds

Eric Burk

Gourmeltz 90’s Music Bar & Drafthouse will stay open for now, after a judge denied a request for an emergency injunction to force the restaurant to close.

Even after being contacted by the health department officials, Gourmeltz owner Matt Strickland has refused to comply with some provisions of Governor Ralph Northam’s COVID-19 Executive Orders.As a result, Strickland’s health certification allowing him to operate legally was rescinded, but Gourmeltz remained open. The Attorney General’s office is now bringing a case against Strickland, but they asked the court for an emergency injunction to close the restaurant while the case proceeds.

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Special Election for Virginia’s 38th Senate District

Eric Burk

Former Radford City Councilwoman Laurie Buchwald (D) and Tazewell County Supervisor Travis Hackworth (R) are battling for election to represent Virginia’s 38th Senate district; although early voting started in February, the final day to vote is Tuesday, March 23. The special election will fill a seat left vacant at the beginning of January when Senator Ben Chafin (R-Russell) became the first member of the General Assembly to die of COVID-19.

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Governor Ralph Northam Signs Major New Clean Car Standards Bill

Eric Burk

Governor Ralph Northam announced newly-signed legislation Friday that will require approximately eight percent of model year 2025 vehicles sold in Virginia to be zero-emissions vehicles. HB 1965, introduced by Delegate Lamont Bagby (D-Henrico), adds Virginia to the list of states following California’s vehicle emissions standards, which are stricter than the federal standards Virginia currently follows.

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