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Bacon Meme of the Week
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Virginia Bill Would Redefine Revenge Porn to Include Non-Porn, Making It Easier to Prosecute Politicians’ Critics
Susanna Gibson by Hans Bader
Virginia’s revenge-porn law may soon be expanded to punish people for posting embarrassing, revealing images of public figures, such as politicians, if Virginia’s legislature approves HB 926. Doing so would violate the First Amendment, and invite lawsuits by civil-liberties groups like the Foundation for Individual Rights and Expression or the Institute for Justice.
In 2023, the media and blogs covered the fact that a Democratic legislative candidate performed live sex acts on the pornographic web site Chaturbate. That information was leaked to the media, including The Washington Post. Blogs posted images of the candidate showing that she was undressed, but not showing her private parts or anything pornographic. The candidate, Susanna Gibson, lost a close race for the Virginia House of Delegates, but not before arguing that the leak of her porn to the general public was a “sex crime” for which people should be prosecuted under Virginia’s revenge porn statute. “Daniel P. Watkins, a lawyer for Gibson, said disseminating the videos constitutes a violation of the state’s revenge porn law, which makes it a Class 1 misdemeanor to ‘maliciously’ distribute nude or sexual images of another person with ‘intent to coerce, harass, or intimidate.’” But no prosecution was ever brought, perhaps because doing so would violate the First Amendment, and because it might be hard to prove the leak was done with the “intent to coerce, harass, or intimidate,” as opposed to educating voters about a candidate’s past.
Now, Delegate Irene Shin (D-Herndon) wants to rewrite the revenge porn statute so broadly that prosecutors will be able to prosecute not just the leaker, but also bloggers or journalists who posted publicly available images of Gibson showing that she was in a state of undress during her performances at Chaturbate. (more…)
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The War Over Robert E. Lee Never Ends
by James A. Bacon
First they came for the equestrian statues of Robert E. Lee.
Then they removed his name from Lee Chapel at Washington & Lee University, where he is buried.
Then they came for the memorial to his horse Traveller.
Now they want to remove him from Virginia license plates.
A bill introduced by Del. Candi King, D-Woodbridge would direct the Department of Motor Vehicles to prohibit the issuance of license plates that make reference to the Confederacy, Jefferson Davis, Robert E. Lee, or any other prominent Confederate leader. (more…)
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Public Health Covid Rules Were Nothing But Voodoo
Ralph Northam by Kerry Dougherty
We tried to tell you. Those of us with common sense were attacked for it though.
Back in 2020, when we were being accused of wanting to kill grandma because we knew the “rules” coming from our public health officials were — for lack of a better term — unconstitutional bullshit, we were voices in the wilderness.
Everywhere we looked, previously intelligent people were running around with silly bandanas on their faces — if they were crawling out from under their beds at all. They were acting like you had leprosy if you stood closer to them than six feet and they were begging the government to stomp on even more civil rights.
Their wishes came true. Most Americans complied with insane rules like wearing masks into restaurants, taking them off to eat, putting them on to walk to the restroom and taking them off when seated again.
Those of us who pointed out that it was as if the entire country was part of a silly SNL skit were vilified.
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There’s Gold in Them Thar Hills!
by Dick Hall-SizemoreAs staff members of the General Assembly start looking to “find” money in Gov. Youngkin’s proposed budget bill that can be used to fund priorities of their committee members (and they will be looking—that is a major part of their jobs during the Session), a good place to look would be capital maintenance reserve. There is at least $200 million in that budget item that could be taken without adversely affecting any of the agencies involved.
As defined by the Dept. of Planning and Budget (DPB) in its reporting instructions to agencies, a maintenance reserve (MR) project is “a major repair or replacement to plant, property, or equipment that is intended to extend its useful life.” A typical MR project would be repair or replacement of built-in equipment such as in HVAC systems; repair or replacement of building or plant components such as roofs or windows; and repair of existing utility systems such as steam lines or water systems.
The cost for an MR project must exceed $25,000 but be no more than $2.0 million for a non-roof replacement project and no more than $4.0 million for a roof replacement. DPB may grant exceptions to these dollar amounts and agencies must submit annual reports to DPB on MR expenditures. (more…)
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As Dominion and APCO $oar, NOVEC Drops Rates
Northern Virginia Electric Cooperative’s territory within the greater Northern Virginia region. By Steve Haner
The major “rural” electric cooperative serving very urban Northern Virginia is drastically lowering its rates as of this month, because the cost it is paying for bulk power purchases has dropped. The contrast with what is happening with Virginia’s two major investor-owned electric companies may be telling Virginia something if anybody wants to listen.
NOVEC, or Northern Virginia Electric Cooperative, will be charging its residential users just under $114 for each 1,000 kilowatt hours of usage, down more than $26. The commercial and industrial users among its 175,000 customers are seeing comparable reductions. (more…)
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Virginia Bill Could Define Student Bullies by Race
by Hans BaderShould students be defined as bullies partly based on race? A confusingly-worded bill just introduced in Virginia’s legislature seemingly classifies students as bullies partly based on racial differences between “the aggressor” and the victim, such as a “real or perceived power imbalance between the aggressor or aggressors and victim, including on the basis of the actual or perceived race, color, national origin, sex, disability status, sexual orientation, gender identity, gender expression, ethnicity, religion, or other distinguishing characteristics of the victim.”
That language is found in HB 536, a bill introduced by Delegate Joshua Cole (D-Fredericksburg). It would add the language in italics to Virginia Code § 22.1-276.01, so that it reads:
“Bullying” means any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors and victim, including on the basis of the actual or perceived race, color, national origin, sex, disability status, sexual orientation, gender identity, gender expression, ethnicity, religion, or other distinguishing characteristics of the victim; and is repeated over time or causes severe emotional trauma.
If Virginia adopted such legislation, it would create legal risks for school systems. If schools enforce a race-conscious definition of bullying, which applies (or not) based on the “race…of the victim,” that could be deemed by the courts to violate the rights of students defined as bullies based on racial considerations. School systems could end up being sued under the Constitution’s equal protection clause, Title VI of the Civil Rights Act, and 42 U.S.C. 1981. Even rules designed to help historically-disadvantaged groups are subject to legal challenge when they classify students based on race or gender, as the Supreme Court made clear last year in striking down the race-conscious admissions policies of Harvard University and the University of North Carolina. (more…)
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Congress, Commission Renounce Reconciliation
The Confederate Memorial in Arlington.
(Arlington National Cemetery photo by Rachel Larue)by Donald Smith
‘In passing the 2021 William M. “Mac” Thornberry National Defense Authorization Act, the United States Congress determined that Confederates and the Confederacy no longer warrant commemoration through Department of Defense assets.’
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At such a time and under such conditions I thought it eminently fitting to show some token of our feeling, and I therefore instructed my subordinate officers to come to the position of ‘salute’ in the manual of arms as each body of the Confederates passed before us.
The first statement is from the Naming Commission, the body Congress created to review Confederate names and iconography on DOD installations. It appears to be the commissioners’ interpretation of Congress’ intent behind Section 370 of the FY 2021 National Defense Appropriations Act (NDAA), which established the Naming Commission and outlined its mission.
The second is from Union General Joshua Chamberlain. Chamberlain commanded the detachments of the Union Armies of the Potomac and James which received the surrender of the Confederate Army of Northern Virginia. The “such a time and under such conditions” Chamberlain found himself confronted with, was the approach of the surrendering Confederate infantry on April 12th, 1865, at Appomattox Court House.
Apparently, Congress has chosen to agree with the Naming Commission, instead of Chamberlain. In so doing, it has chosen to play Jenga with American heritage and culture. (more…)
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The Fighting Editor
Alexander, Ann Field. Race Man: The Rise and Fall of the “Fighting Editor” John Mitchell Jr., University of Virginia Press, 2002
Review by Dick Hall-Sizemore
John Mitchell, Jr. was a major figure in Richmond and Virginia public affairs in the late 19th and early 20th centuries. Over the course of this career, he was a nationally known newspaper editor, a member of Richmond City Council, president of a bank, and a gubernatorial candidate.
In her well-researched biography, Ann Alexander tells Mitchell’s story in fascinating detail. In the course of following the life of Mitchell, the book provides insight into the political and social lives of middle-class Blacks in Richmond’s Jackson Ward in the late 19th century. There is also a discussion of the effects of the Readjuster movement and the subsequent defeat of the Readjusters and rise of the Democratic party in the city and state.
John Mitchell, Jr., the child of slaves, was born July 11, 1863, at Laburnum, an estate in Henrico County on the outskirts of Richmond. His parents were house servants of James Lyons, a prominent Richmond attorney. After Laburnum burned to the ground less than a year after Mitchell’s birth (the result of suspected arson by a disgruntled slave), the Lyons family eventually relocated to one of Richmond’s finest houses, a Greek Revival mansion on Grace Street near Capitol Square. (more…)
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God Made Nikki Haley, Too
By Steve Haner
On or before March 5, I will cast a vote for former Governor and Ambassador Nikki Haley for the GOP nomination for president. She edges out Governor and former Congressman Ron DeSantis with me mainly on questions of temperament and foreign policy. I am not an isolationist.
There are six names on that Virginia ballot for the Republicans, and three for the Democrats. There is no reason at this point to believe, or even hope, that the outcome will be something other than victories here for Donald Trump and Joe Biden. If that is the matchup in November, the betting at this point would have to be Virginia’s electoral votes go blue again. (more…)
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Congratulations, Virginia, You’re Now a High Tax State.
States with the highest state-local tax burdens in calendar year 2022. As the debate plays out over Governor Glenn Youngkin’s tax restructuring plan, which includes $1 billion in tax relief over the next budget biennium, rest assured that the opposition party will attack it as a heartless attack on poor and marginalized Virginians with their illimitable unmet needs. In that context, it is worth remembering Virginia’s slow drift from a lower tax/high-growth state into a high tax/slower growth state over the past three decades, and asking if the higher taxes have made life any better.
According to the Tax Foundation, state and local taxes took 12.5% of Virginia’s net product in calendar year 2022 — the eighth-highest percentage among the 50 states. Within living memory, Virginia’s tax burden was in the second-to-bottom quintile. Today we’re in the top quintile. We’re now officially a high-tax state. (more…)
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How Not To Do Tax Reform. Again.
By Steve HanerAccording to the Richmond Times-Dispatch, Governor Glenn Youngkin’s administration had its first formal discussion with Virginia’s local governments about eliminating their car tax collections two days after he announced it publicly.
The General Assembly convenes Wednesday and if there is a plan to replace the $2.8 billion in local government revenue raised by that tax source, it has not surfaced. Voters truly detest the local levy, mainly because it is one of the few taxes everybody pays by check or with a credit card, but at this point it is safe to assume the idea is dead in the water. (more…)
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Republican Rock Star Campaigns with Kiggans
Rep. Jen Kiggans in Virginia Beach. (Photo by Kathy Sargent) by Kerry Dougherty
An enthusiastic, overflow crowd crammed into a ballroom at the Marriott Oceanfront on 42nd Street Sunday afternoon to kick off Rep. Jen Kiggans’ re-election campaign. I’m not good at crowd estimates – plus I’m short and didn’t have a good vantage point – but there had to be 500 or more people in the room.
Present was a who’s who of GOP Virginia politicians from former Governors George Allen – who introduced Kiggans – and Bob McDonnell to Attorney General Jason Miyares, former members of Congress Thelma Drake and Randy Forbes and former Del. Glenn Davis, who resigned his seat in the General Assembly to become Director of the Virginia’s Department of Energy, Del. Barry Knight and Sen.-elect Danny Diggs.
Kiggans ticked off an impressive litany of bills passed by the slim Republican majority in the House, including one that would have stemmed the flow of immigrants entering the country illegally.
“We used to call it a crisis on our Southern border,” Kiggans said, “Now we call it a catastrophe.”
Kiggans noted that the 2nd District seat was one of just six that the GOP managed to flip in 2022 to take control of the House. The Democrats desperately want to flip her seat back into the D column next year and have been running negative ads against Kiggans since last summer. The congresswoman said she hates the “lies” that are told about her, but is willing to take the abuse to continue serving the 2nd District. (more…)
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Rent Control Bill Introduced in Virginia
by Hans Bader
A just-introduced Virginia bill, HB 192, would limit rent increases to “one percent over the Consumer Price Index” in places where the rental vacancy rate is “less than 10 percent,” if the “Consumer Price Index … is greater than five percent.” Virginia has a rental vacancy rate of about 4%, well below 10%, so effectively, this would be a statewide rent control law.
The bill does not allow larger rent increases even to pay for things like major capital improvements.
The bill, introduced by Democratic Del. Marty Martinez, is called the “Landlord and Tenant Fairness Act.” It contains this rent-control provision:
C. If the rental vacancy rate for a locality is less than 10 percent during the previous calendar year and the Consumer Price Index as reported by the Bureau of Labor Statistics of the U.S. Department of Labor is greater than five percent, any rent increase imposed by a landlord shall be no greater than one percent over the Consumer Price Index.
Even if this bill were to pass the legislature, it is likely that Republican Governor Glenn Youngkin would veto it, given the absence of Republican support for rent control.
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Richmond’s Meals Tax Disaster
Richmond Mayor Levar Stoney by Jon Baliles
(These reports were published first by RVA 5×5 and are republished here with permission.)
Starting about 25 years ago, Richmond’s restaurant scene began its ascent into the local consciousness as our region’s favorite (and only) professional sport. Offerings expanded and ventured into new directions and opened peoples eyes and expanded our tastes; it drove creative chefs to new heights, and we appeared in list after list of publications that officially put Richmond on the foodie map.
It was also, ironically, not long after that when restaurants became the “Sherpa” of sorts to help fill the city coffers. In 2003, City Council approved a one cent meals tax increase from five cents to six cents to help fund the renovation of Centerstage downtown. Many restauranteurs opposed the funding of an arts center on the backs of their customers by raising the pass through tax to fund one specific project. That deal later was overhauled and refinanced in 2006, but the one cent increase was not repealed as had been promised and it remained on the books as a permanent source of revenue to fund other city needs.
Then fast forward to early 2018 when Mayor Stoney pushed for a 25% increase in the city’s meals tax from six cents to 7.5 cents. It was a highly contentious debate that rightly riled up many restauranteurs who once again saw it as an unfair burden on their businesses alone that made their patrons’ bills higher with each bite and drink. They argued for another funding solution that was fair and spread across the city and not just on their industry. (more…)
