• Virginia Bill Could Define Student Bullies by Race

    by Hans Bader

    Should students be defined as bullies partly based on race? A confusingly-worded bill just introduced in Virginiaโ€™s legislature seemingly classifies students as bullies partly based on racial differences between โ€œthe aggressorโ€ and the victim, such as a โ€œreal 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.โ€

    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 ยง 22.1-276.01, so that it reads:

    โ€œBullyingโ€ 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 โ€œraceโ€ฆof the victim,โ€ 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 Constitutionโ€™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…)


  • 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. โ€œMacโ€ Thornberry National Defense Authorization Act, the United States Congress determined that Confederates and the Confederacy no longer warrant commemoration through Department of Defense assets.’

    ***

    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 Congressโ€™ 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…)


  • The Fighting Editor

    Alexander, Ann Field. Race Man:ย  The Rise and Fall of the โ€œFighting Editorโ€ 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 Mitchellโ€™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 Richmondโ€™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 Mitchellโ€™s birth (the result of suspected arson by a disgruntled slave), the Lyons family eventually relocated to one of Richmondโ€™s finest houses, a Greek Revival mansion on Grace Street near Capitol Square. (more…)


  • 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 Virginiaโ€™s electoral votes go blue again. (more…)


  • 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…)


  • How Not To Do Tax Reform. Again.

    By Steve Haner

    According to the Richmond Times-Dispatch, Governor Glenn Youngkinโ€™s administration had its first formal discussion with Virginiaโ€™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…)


  • 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 Kiggansโ€™ re-election campaign. Iโ€™m not good at crowd estimates – plus Iโ€™m short and didnโ€™t have a good vantage point – but there had to be 500 or more people in the room.

    Present was a whoโ€™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 Virginiaโ€™s Department ย 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.

    โ€œWe used to call it a crisis on our Southern border,โ€ Kiggans said, โ€œNow we call it a catastrophe.โ€

    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 โ€œliesโ€ that are told about her, but is willing to take the abuse to continue serving the 2nd District. (more…)


  • Rent Control Bill Introduced in Virginia

    by Hans Bader

    A just-introduced Virginia bill, HB 192, would limit rent increases to โ€œone percent over the Consumer Price Indexโ€ in places where the rental vacancy rate is โ€œless than 10 percent,โ€ if the โ€œConsumer Price Index โ€ฆ is greater than five percent.โ€ 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 โ€œLandlord and Tenant Fairness Act.โ€ย  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.

    (more…)


  • 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, Richmondโ€™s restaurant scene began its ascent into the local consciousness as our regionโ€™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 โ€œSherpaโ€ 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 cityโ€™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 patronsโ€™ 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…)


  • Jeanine’s Memes

    From The Bull Elephant


  • Surprise Findings About Metro Derailment

    by Bill Tracy

    In Northern Virginia on Friday, the National Transportation Safety Board released a scathing final report on the Washington area Metro’s derailment problem with its newer. 7000-Series railcars.ย  The NTSB’s media presentation by Chair Jennifer Homendy can be found on YouTube.ย  ย NTSB also faulted Metro’s safety culture.

    My prior layman’s understanding, from local news coverage, had been that Metro (aka WMATA) had no idea what was causing the derailment problem.

    I was dumbfounded to learn that since 2014, WMATA has been aware of the wheel “migration” problem on its railcars. In hindsight, WMATA had not been designing the Metro railcars with adequate “press force” of the wheels onto the axles. This problem allows some railcar wheels, over time, to spread out — wider than the tracks — causing derailments. About two-thirds of the 748 new 7000-Series railcars were built with an inadequate press force spec, before the spec was updated by WMATA. As expected, it was one of the earlier 7000-series cars that derailed in Arlington in 2021, causing all of the new 7000-series cars to be taken out of service.

    The fix is to re-build the wheel sets of the earlier 7000-series cars to bring them up to the new standard, presumably at great expense. WMATA is trying to blame the manufacturer, Kawasaki, for the issue. Kawasaki, however, reports that they built the railcars to final specs requested by Metro-WMATA. The courts will presumably have to settle the “who pays” issue. (more…)


  • Pleasure Activism at JMU’s Queer Teach-In

    by Stu Smith

    On October 4th 2023, Adrienne Maree Brown presented her work on Pleasure Activism at JMU as part of a Queer Teach-in. This Teach-in was hosted by JMU’s Women’s, Gender, and Sexuality Studies Department. As you will soon hear from JMU’s Coordinator for Cultural and Affinity Spaces, Kwyn Riley, “This conversation serves as the nucleus of the Queer resistance teach-in.” But first, how about we hear from the keynote speaker, Adrienne Maree Brown?

    Iโ€™m sure most of y’all are at a total loss for words. This is who James Madison University parades out to speak to young and impressionable minds. I think the footage speaks for itself and I frankly donโ€™t have too much to say. To me it is clear that Pleasure Activism is just Hedonism under a Social Justice lens. As a history lover, I always wonder what the namesakes and founders of these universities would think of situations like this. I canโ€™t recall any of Madisonโ€™s thoughts on pleasure, but his olโ€™ pal, Thomas Jefferson said thisโ€ฆ

    “Do not bite at the bait of pleasure, till you know there is no hook beneath it.” (more…)


  • Bacon Meme of the Week


  • Look What UVA Is Hiding

    by James A. Bacon

    Acting on behalf of The Jefferson Council, Walter Smith has filed a complaint in Henrico County against the University of Virginia, seeking a remedy for its refusal to supply documents under the Freedom of Information Act. Smith serves in a volunteer capacity as chair of the Council’s research committee.

    The suit alleges 14 instances in which the University’s FOIA staff improperly denied emails and other documents to the Council. Smith’s FOIA requests asked for documents that would shed light on the inner workings of the University’s administrative decision-making process.

    The cases highlighted in the complaint illustrate two main themes. First, UVA’s FOIA lawyers have stretched the presidential “working papers” exemption beyond its original intent of protecting the university president’s personal deliberations. Second, the lawyers did not apply privacy protections to Bert Ellis, a Board of Visitors member who was widely perceived as a threat to the university status quo.

    “UVa’s FOIA process seems designed to delay and discourage and deny inquiries that may be embarrassing to the Ryan administration,” said Smith. “The administration says it’s all for open inquiry. These are matters of legitimate interest to the public. It seems hypocritical to hide so much.” (more…)


  • Hey Virginia: Hands Off Those Cake Pops

    Photo courtesy of Kelly Phillips

    by Kerry Dougherty

    Thereโ€™s a reason Gov. Glenn Youngkinโ€™s approval rating in the latest Mason-Dixon Poll perches at a lofty 58 percent in this once-blue state, despite Republicans losing control of the legislature in Novemberโ€™s election.

    Youngkin gets it.

    On X, he wrote:

    “We’re going to fix this, Virginia will always be the best place to live, work, and bake cake pops!”

    Like everyone else who heard about Kelly Phillipsโ€™ cake pop conflict, the governor immediately saw this for what it was: one more example of government overreach, punishing an enterprising Richmond woman with a small business for no good reason or public benefit.

    According to The Virginia Mercury, cake pops are Ms. Phillipsโ€™ side hustle. Her day job is as a manager in a financial planning firm. But what began simply as irresistible treats she made for birthday parties and baby showers grew into a little cottage business.

    Phillips now sells her gorgeously decorated confections mostly at craft fairs. If Richmond regulators have their way, sheโ€™ll have to stop.

    Virginiaโ€™s stringent food safety regulations, designed to protect folks from unsanitary practices, make exceptions for small craft bakeries. But ridiculous regs, such as the one that allows these homemade goodies to be sold at farmerโ€™s markets but not craft fairs make absolutely no sense.

    โ€œWhat is the difference between a farmers market and a craft show?โ€ Phillips asked The Mercury.

    Gee, I donโ€™t know. A roof? (more…)