by James C. Sherlock
People, including our elected representatives in the General Assembly of Virginia, might not know that the Commonwealth is subject to a permanent federal court injunction requiring compliance with the Americans with Disabilities Act (ADA). The โCommonwealth of Virginiaโ is enjoined, not just the executive branch.
The author herein informs the General Assembly, the Governor, and Virginiaโs Attorney General, who is responsible for defending the action in federal court, that a bill passed this year and another one left in the House Appropriations Committee combine to carry profound human and legal implications.
2026 HB 1380
The House of Delegates was presented this session with House Bill 1380 (HB 1380) to authorize the Virginia Department of Behavioral Health and Disability Services (DBHDS) to:
- adopt regulations requiring providers of services for individuals with developmental disabilities to conduct regular emergency medical drills; and
- impose sanctions on providers for human rights violations that threaten the health, safety, or life of individuals receiving services.
The Fiscal Impact Statement for that bill reported no fiscal impact for part 1 and an annual impact of $663,048 to fund part 2. But the FIS revealed far more than that.
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