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Favola Bill to Include LGBT in Hate Crime Definition Fails

Published January 21, 2015 at 11:05AM | Updated January 16, 2018 at 2:34PM

A bill that would have expanded the definition of hate crimes in Virginia to protect gay, lesbian, bisexual and transgender individuals has failed in the state Senate.

Sen. Barbara Favola (D) sponsored the bill, SB 799, which failed by a 7-6 vote in the Senate Courts of Justice Committee last week.

Another local state Senator, Janet Howell (D), serves on the committee and voted to pass, along with five other Democrats. “No” votes by the seven Republicans on the committee doomed the bill before it reached the Senate floor.

If it had passed, the bill would have given crimes directed at people because of sexual orientation or gender identification the same protections under state law as those directed because of race, religion, ethnicity or national origin.

Favola’s bill was one of several proposed by Arlington legislators aimed at increasing protections for the gay and transgender communities. Del. Patrick Hope introduced HB 1385, which would make conversion therapy — interventions and efforts to change one’s sexual orientation — illegal when conducted on someone under 18 years old. That bill is in subcommittee in the House of Delegates Committee on Health, Welfare and Institutions.

State Sen. Adam Ebbin, Virginia’s first openly gay state legislator, has a number of bills on the matter, including one officially striking down Virginia’s state prohibition on same sex marriages and civil unions. Even though the state Supreme Court has ruled that same sex marriage is legal in Virginia, the state’s laws still do not reflect that.

Ebbin has also introduced bills to replace “husband” and “wife” with “spouse” in the state code and to prohibit discrimination in the public sector when considering gay and transgender job applicants.

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Morning Notes

By ARLnow.com

Published January 21, 2015 at 9:15AM | Updated January 16, 2018 at 2:34PM

Two Rescued From House Fire — Arlington County firefighters battled an early morning house fire in the Old Glebe neighborhood overnight. Two adults were rescued from the roof of the three-alarm fire. An ACFD spokesman said hoarding conditions inside the home made battling the blaze more difficult. [WUSA9, WJLA]

Two Trees Considered for ‘Specimen’ Status — The Arlington County Board will vote this weekend, then hold a public hearing, then vote again next month, to determine whether two trees should be protected with a “specimen tree” designation. [Arlington County]

Future of Arlington’s Office Market — The Arlington County Board held a work session Tuesday to discuss the future of the office market in the county. Arlington Economic Development produced a video that discusses how the office market is changing and how that pertains to local policymaking. [YouTube]

Anti-DACA Bill Defeated — A bill that would have denied in-state tuition to some immigrant students has been defeated in the Virginia state senate. Last week, Arlington’s Del. Alfonso Lopez (D) vowed to fight the bill, which was aimed at students who had been protected from deportation by the Obama administration’s Deferred Action for Childhood Arrivals (DACA) program. [Virginian-Pilot]

Flickr pool photo by Erinn Shirley

Pot Advocates Lobby for Ebbin’s Decriminalization Bill

By Ethan Rothstein

Published January 16, 2015 at 3:45PM | Updated January 16, 2018 at 2:34PM

The Virginia chapter of the National Organization for the Reform of Marijuana Laws (NORML) is in Richmond today, lobbying legislators to support Sen. Adam Ebbin’s marijuana decriminalization bill.

Ebbin’s bill, SB 686, has been referred to the 15-member Courts of Justice Committee, and if it’s approved would need to be approved by the full Senate before going through the same process in the House of Delegates.

Both houses are controlled by Republicans, which has traditionally been the party opposing marijuana legalization efforts nationwide. For that reason, Ebbin and NORML are targeting decriminalization, instead of NORML’s preferred policy, recreational legalization.

“Decriminalization is the first step in the process of fully legalizing cannabis,” Virginia NORML writes on its website’s section for SB 686. “Virginia is slow to change its laws in general; it often takes several years to make any significant changes, and usually requires support from both Republicans and Democrats. Our goal is to make the simple change to stop charging people with a criminal misdemeanor for simple possession.”

More than 60 marijuana reform advocates converged on the state capital today to discuss the legislation with lawmakers on both sides of the aisle. If it passes, Ebbin’s bill would reduce the penalty for marijuana possession from a $500 fine and up to 30 days in jail to a $100 citation payable to the state’s Literary Fund. According to Ebbin’s legislation, Virginia currently spends $67 million a year investigating, prosecuting and jailing marijuana offenders.

“Criminalizing marijuana disrupts careers and families resulting in more harm than the drug itself and decriminalization is a commonsense step to allow law enforcement to focus its efforts on serious crimes,” Ebbin said in a press release.

Favola Introduces Bills to Regulate In-Home Child Care

By Ethan Rothstein

Published January 16, 2015 at 12:45PM | Updated January 16, 2018 at 2:34PM

State Sen. Barbara Favola has introduced a series of bills aimed at regulating the in-home child care industry in Virginia.

Her bills — SB 780, SB 818 and SB 898 — would require everyone who receives compensation for child care in their home to be licensed with the Department of Social Services, undergo background checks and include their own children in official counts of how many children are under their care.

Currently, only homes caring for six or more children must be licensed by the state as a child care provider. If Favola’s bills pass in the Republican-controlled General Assembly, all employees who are alone with children would also have to receive first-aid training and ensure the home is clear of fire hazards.

“We should give families some assurances that there’s some standard of care,” Favola told ARLnow.com this week. “Right now the law reads if you have five unrelated children, you’re not regulated. This would require all day-home providers to meet minimum standards, like CPR, background checks and house fire safety code.”

The bills are currently in the senate’s Committee on Rehabilitation and Social Services, which met this morning. Favola is hoping that she can draw support from across the aisle to win some form of child care legislation. Favola’s colleague in the senate, Sen. Adam Ebbin, thinks she may have a chance.

“Daycare is going to be a significant issue to see progress on,” he said.

Favola called her bills “baby steps” at this month’s Arlington County Democratic Committee meeting, but she said she wanted to introduce legislation she felt could pass. Gov. Terry McAuliffe said in December that daycare is an issue he wants to see progress on in 2015. According to an editorial in the News Leader in Staunton, Va., 46 children have died in unlicensed daycares in Virginia since 2004.

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Hope Considering Bill to Allow Arlington to Hire Independent Auditor

By ARLnow.com

Published January 15, 2015 at 3:50PM

(Updated at 4:00 p.m.) Del. Patrick Hope (D-Arlington) has drafted a bill that would authorize the Arlington County Board to hire an independent auditor.

Such legislation, should it pass the Republican-controlled state legislature, would be a victory for County Board members Libby Garvey (D) and John Vihstadt (I), who have championed the hiring of an independent auditor as a way to bring more accountability to county government. Hope’s legislation would only authorize the hiring, it would not require the County Board to do so. It would also apply to other Virginia jurisdictions with a County Manager form of government.

Currently, the County Board does not have the authority to hire an independent auditor, since Virginia is a Dillon Rule state and the County Manager form of government doesn’t provide any provisions for such a hire.

County Manager Barbara Donnellan could hire an internal auditor — in fact, it appears that her staff is doing so — but Vihstadt has said that doesn’t provide the level of independence that he desires.

(Fairfax County, with its County Executive form of government, already has an independent auditor that reports to a Board of Supervisors committee. Virginia cities also have independent auditor hiring authority.)

Hope says he thinks his bill could get bipartisan support in the General Assembly.

“This is a good government bill,” he told ARLnow.com Thursday afternoon. “It makes government more transparent, more open. I can’t find fault with it.”

Hope has yet to introduce the bill and is still considering it. The deadline to introduce the legislation is Jan. 23. Garvey said she hopes the bill will be introduced.

“I’m pleased that he is considering putting it in, and I think it’s important that the Board has the power to hire an independent auditor if they so choose,” she said. Asked about the importance of the auditor reporting directly to the Board instead of the Manager, she said its a matter of “checks and balances.”

“If the auditor reports to the Manager, it’s not really very independent,” she said. “I just think that it’s simply a good government… it checks the staff and checks the Board and makes the public comfortable that there’s an independent eye keeping tabs on things.”

Ebbin Leading Ethics Reform Push in General Assembly

By Ethan Rothstein

Published January 15, 2015 at 11:00AM | Updated January 16, 2018 at 2:34PM

With former Gov. Bob McDonnell starting to serve a prison sentence on Feb. 9 after being convicted of federal corruption charges, Arlington’s state legislators are taking aim at the state laws surrounding political gifts.

Sen. Adam Ebbin (D) has introduced SB 1289, called the State and Local Government Conflict of Interests Act. If passed, the bill would establish an independent commission on ethics, which would review all government disclosure forms, conduct random audits of legislators and grant waivers for certain gifts. It would also limit “tangible” gifts to $100 and intangible gifts, like flights and meals, to $250.

“Having a commission gives real teeth to our efforts and shows we’re serious about enforcement,” Ebbin said yesterday. “I’ve been working on this for a few years, for common sense ways to increase transparency and to penalize things that are beneath the standards of our public officials.”

McDonnell and his wife, Maureen, were convicted of receiving more than $177,000 in impermissible gifts from a high-profile donor, and the former governor and attorney general was sentenced to two years in prison. Despite the conviction, McDonnell wasn’t charged with corruption in any state case.

“You can drive a Mack truck through Virginia’s ethics laws,” Del. Alfonso Lopez said.

ARLnow.com spoke to several Arlington state legislators yesterday, and all of them pegged ethics reform as the biggest issue the General Assembly will face in its 2015 session. McDonnell’s conviction has helped drum up efforts for reform on both sides of the aisle.

“I’m confident there will be bipartisan support for increased reform, it’s just a matter of the details, and I’m a pretty detail-oriented guy,” Ebbin said. “I’m going to work hard to make sure the most effective elements of this legislation are adopted, I’m going to do everything in my power.”

Ebbin says his bill would aim to curb “unlimited dinners” for lawmakers and “private jets to golf tournaments,” which he finds “reprehensible.” There would be opportunities for public officials to get waivers if trips are educational or fact-finding, he said.

Lopez Gears up for Fight Against Anti-Immigrant Bills

By Ethan Rothstein

Published January 15, 2015 at 10:00AM | Updated January 16, 2018 at 2:34PM

Del. Alfonso Lopez (D) knew his work trying to secure in-state tuition for children of undocumented immigrants wasn’t over last spring when Attorney General Mark Herring declared some “DREAMers” eligible for in-state tuition immediately.

The decision allowed children of undocumented immigrant who are legal residents because of the Obama administration’s Deferred Action for Childhood Arrivals (DACA) program to receive in-state tuition if they meet other state residency requirements.

In this legislative session, there are bills in the House of Delegates and the state Senate that aim to undo Herring’s action. Lopez had previously introduced bills every year to do what Herring did in one fell swoop; now, he’s moving to block the new bills.

“We knew we’d have to defend against Tea Party attacks,” Lopez told ARLnow.com yesterday. “We assumed it would come. We hoped it wouldn’t, but now it has.”

The bills are HB1356, introduced by Loudoun County’s Del. David Ramadan (R), and SB722, introduced by Sen. Richard Black (R), also from Loudoun. Ramadan is himself an immigrant: he was born in Beirut, Lebanon, before immigrating to the United States.

Both bills declare that DACA-protected immigrants “do not have the capacity to remain in Virginia indefinitely,” and therefore are ineligible for in-state tuition. The bill applies to DACA children, those with temporary protected status — political refugees from foreign countries — and Deferred Action for Parental Accountability.

“To think that Sen. Black would want to take the refugees of civil wars and deny them an opportunity of education… that is a huge step backwards.,” Sen. Adam Ebbin (D) told ARLnow.com.

Republicans control both houses in the General Assembly, and with a 67-32-1 advantage in the House of Delegates, so Lopez knows he faces a steep climb in trying to beat the bills.

“We’ve talked to the attorney general’s office, we’ve talked to the governor’s office,” Lopez said. “We also are organizing through education and religious groups, getting them to lobby in opposition against these bills. There are many groups around the state making calls who are saying this is the wrong attack to take, not only from a fairness and a moral issue to take, but also an economic development and job growth [perspective].”

“I think we’ll either be successful and able to defeat these bills in subcommittee or there will be a heck of a fight on the floor of the Senate and the House,” Lopez continued. “Even if by some miracle these bills pass, I don’t believe the governor will sign them into law. I think he’ll veto, but I don’t know.”

Lopez said the issue impacts “my family, my friends and my neighbors,” and highlights the importance of providing in-state tuition for the state’s economic growth. Arlington residents will directly be affected, like Dayana Torres, a student at George Mason University in Fairfax who commutes to school from Arlington.

“I see being able to pay the in-state tuition rate as an essential benefit for my education that my parents and I have paid into through taxes,” Torres said in an email to ARLnow.com. She is the president of the Mason Dreamers and co-founder and former president of Dreamers of Virginia. “I affiliate with the Republican party in many key political topics, so it is always difficult for me to see Republicans in office actively trying to reverse decisions that benefit my family and I since we have been paying taxes and desperately need the in-state-tuition rates.”

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Arlington Delegate Takes Aim at Gerrymandering

By Ethan Rothstein

Published January 14, 2015 at 1:35PM | Updated January 16, 2018 at 2:35PM

Del. Rip Sullivan (D) has already filed 16 pieces of legislation, and his first session in the Virginia General Assembly is just hours old.

One of his biggest priorities after being elected in August to replace Del. Bob Brink (D) will be reforming the process by which Virginia draws its districts for both state and federal legislatures. Sullivan’s legislation, HB1485, would follow through on recommendations made by a state government integrity panel last month.

Although a long-shot in the Republican-controlled Virginia General Assembly, Sullivan’s bill calls for redistricting to become a nonpartisan process.

Every 10 years, after a new U.S. Census, state legislatures redraw their district maps to align with the population changes. Often, these districts are drawn in a way to include certain blocks of voters with one another in order to gain seats in Congress or the General Assembly. The problems are not unique to Virginia, but they might be worse here.

In October, a three-judge federal court ruled that Virginia would have to redraw its congressional map after it ruled it was drawn to include too many black voters into Virginia’s 3rd District.. The court gave the state until April 1, 2015 to redraw its map, but the case has been appealed to the U.S. Supreme Court.

Sullivan and state Democrats think a nonpartisan panel would make redistricting fairer.

“This legislation will go a long way toward creating legislative districts that are truly compact, contiguous and respect political subdivision boundaries,” Sullivan said. “By reducing the role of politics, we will establish a redistricting process that is fair, transparent, and takes into account the interests of the citizens of the Commonwealth. Voters should choose their legislators, not the other way around.”

Sullivan’s legislation appears unlikely to pass; after the state’s panel — co-chaired by former Republican Lt. Gov. Bill Bolling — ruled the process should be changed, House of Delegates Speaker William J. Howell told the Washington Post through a spokesman that he would resist redistricting reform.

Nonetheless Sullivan thinks that Republicans, who have a vast majority in the House and a one-seat majority in the state Senate, may come around to his ideas yet.

“I’d like to think people come down to vote for what’s best for Virginia rather than what’s best for themselves,” he said just hour before his first regular session. He said he senses “real traction” from some Republicans on the measure. “The fact that redistricting affects my [district’s] lines ought to be way down the list of concerns for someone down here.”

If the Supreme Court decides to overturn the lower court’s decision, Virginia’s electoral map would be redrawn in 2021, after the next census. A statewide organization called One Virginia 2021, which claims to have members from across the political spectrum, has endorsed Sullivan’s legislation.

“Delegate Sullivan’s legislation takes a major step toward ending gerrymandering in the Commonwealth,” Greg Lucyk, the president of One Virginia 2021, said in a press release last week. “Gerrymandering eliminates competition in elections, increases voter apathy, and promotes polarization and gridlock.”

If passed, the bill would prevent the use of election data in redistricting, except to ensure “racial or ethnic minorities can elect candidates of their choice.” It would create a nonpartisan panel to look at population size, makeup and communities of interest when redrawing the maps.

Favola, Sullivan Introduce Campus Sexual Assault Bills

By Ethan Rothstein

Published January 14, 2015 at 12:00PM | Updated January 16, 2018 at 2:35PM

The 2015 session of the Virginia General Assembly official begins at noon today, and a pair of Arlington lawmakers are using the session to try to protect victims of sexual assault on college campuses.

Del. Rip Sullivan (D), in his first regular session in the General Assembly after being chosen in a special election to replace now-retired Del. Bob Brink, has already filed a bill aimed to help campus sex assault victims. HB1508 would require college campuses to have a memorandum of understanding with “a local sexual assault crisis center” to allow those reporting sexual assault to be able to take their claims off campus.

State Sen. Barbara Favola (D) is co-patron of a bill in the senate, along with two Loudoun senators, Sens. Jennifer Wexton (D) and Jill Vogel (R). Favola said that despite Rolling Stone magazine retracting its story detailing a gang rape at a University of Virginia fraternity house, she’s still concerned about university responses to reports of sexual crimes on their campuses.

“The Rolling Stone article gave me great concern, even though I know there were questions on whether it happened,” she told ARLnow.com this morning. “The point is this is a pretty serious problem on college campuses… We wanted to empower victims to come forward and report.”

The bills would allow victims to make anonymous reports if they do not want to officially report an assault, and it would provide amnesty to students who are worried that the circumstances under which they were assaulted could jeopardize their academic standing — for example, if a 19-year-old student was raped while drinking underage.

“My bill shouldn’t be a burden” for colleges that have stringent sexual assault policies already on the books, she said, “but for the colleges and universities have not been as aggressive with this, this bill will actually be able to enforce a zero-tolerance for sexual assault policy.”

With Vogel as a co-sponsor, Favola and Sullivan hope the bills can draw votes from the Republican side of the aisle — a requirement if either were to get passed by the Republican-controlled houses in the state legislature.

“I hope this bill with Sen. Favola is one that will receive bipartisan support in this environment,” Sullivan said. “There is a lot of attention paid to the hot-button issues in which there can be disagreement and things turn into partisan wrangling, but a lot of good law is, as I understand it, made every session on a bipartisan basis that doesn’t attract much attention.”

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Morning Notes

By ARLnow.com

Published January 13, 2015 at 9:45AM | Updated January 16, 2018 at 2:35PM

Unitarian Church Named Historic Place — The Unitarian Universalist Church of Arlington has been named to the National Register of Historic Places. The church’s modernist building was designed by noted architect Charles M. Goodman. [Arlington County]

Va. Lawmakers Fight Over State Song — Virginia is one of two states currently lacking a state song. The old song was “retired” 18 years ago due to questionable lyrics that drew complaints from African Americans. State lawmakers are against trying to settle on a new state song, but so far there are no clear frontrunners. [Washington Post]

College Game Almost Cost Arlington Man $16K — Arlington resident Patrick Leonard was told by the ticketing website Stub Hub that he was buying four tickets to Monday’s college football championship game in Dallas for $1,600. The next day, however, the bill came back for $16,000. Leonard, a die-hard Oregon Ducks fan, shared his tale of woe on social media and the school arranged four end zone seats for him at face value. [CBS DFW]

Hike to Arlington’s Highest Point — Arlington’s Dept. of Parks and Recreation is organizing a family hike to the highest point in Arlington on Saturday, Jan. 24. The highest point in Arlington is Minor’s Hill, which rises 459 feet at the western tip of the county. The hill has a history that includes roles in the War of 1812 and the Civil War. [Arlington County]

Ebbin Proposes Marijuana Decriminalization in Virginia

By ARLnow.com

Published November 24, 2014 at 4:30PM | Updated January 16, 2018 at 2:35PM

(Updated at 4:40 p.m.) State Sen. Adam Ebbin (D), who represents part of Arlington, has proposed a bill that would decriminalize the possession of marijuana for personal use.

Ebbin’s bill, SB686, is similar to the marijuana decriminalization statute that went into effect in the District earlier this year. (D.C. has since voted to legalize marijuana.) SB686 changes simple marijuana possession from a crime punishable by a $500 fine, and/or up to 30 days in jail, to a civil infraction — a ticket — with a maximum $100 penalty, payable to the state’s Literary Fund.

The distribution of marijuana would remain a crime, but would be reduced to a lesser misdemeanor for all marijuana quantities less than a pound. Growing up to up to six marijuana plants would be considered personal use and not an intent to distribute.

Ebbin, who was endorsed by the marijuana advocacy group NORML earlier this year, told Richmond’s CBS 6 that Virginia’s current marijuana laws do more harm than good.

“I don’t think marijuana decriminalization has ever been introduced in the Virginia Senate,” Ebbin told the TV station. “I think criminalizing marijuana, disrupting careers and families, does more harm than the drug itself does.”

The bill has a co-patron in Del. Kaye Kory, the Falls Church Democrat.

“Marijuana decriminalization is trending across the country and this bill will get us talking about it in Virginia,” Kory told ARLnow.com this afternoon. “The conversation will go back and forth over what steps we want to take and when to take them. There’s no telling how long the process will take, but the important thing is that we’re having the conversation.”

There’s some history of support for marijuana-related reforms among local politicians and politically-active groups. In 2012, then-Del. David Englin (D) proposed studying whether Virginia ABC stores should some day sell marijuana. In April, the Arlington Falls Church Young Republicans hosted a forum to discuss marijuana sentencing reform.

Ebbin’s bill will be considered once the Virginia General Assembly convenes in January. With both the House of the Delegates and the state Senate now controlled by Republicans, the bill seemingly faces long odds of passage.