Category Archives: Courts and law

Omega Protein Exceeds ASMFC Catch Limit of Menhaden

Photo credit: Stephan Lowy

by Don Rippert

What, me worry? Omega Protein has admitted exceeding its menhaden catch limit for 2019 in the Chesapeake Bay. Omega Protein, a Houston-based company and wholly owned subsidiary of Cooke, Inc, a Canadian firm, operates a fishing fleet based in Reedville, Va. Employing about 300 Virginians, Omega Protein has been mired in controversy over the years regarding its heavy catch of menhaden.  Since this topic has been repeatedly covered on Bacon’s Rebellion, I won’t provide detailed background. However, the environmental group Menhaden Defenders operates an informative website describing the situation.

Menhaden Defenders writes, “The commercial menhaden fishery is made up of two sectors, a reduction fishery, which grinds billions of bunker up for fish meal and oil, and the bait fishery which supplies menhaden for lobster and crab traps. Reduction fishing is an antiquated practice that has been banned in every east coast state, except Virginia.” Virginia is the only east coast state that allows reduction fishing and is also the only east coast state that allows unlimited contributions to state politicians. Over the last 26 years Omega Protein has donated just under $600,000 to Virginia politicians, political committees and PACs with the majority going to Republicans.

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Bacon Bits: Of DNA and Electrons….

Getting 39,999 right out of 40,000 not too shabby. After 18 years the Virginia Forensic Science Board has wound up its review of 530,000 cases in which DNA evidence was available. The effort identified 13 men who were wrongfully convicted, including the highly publicized cases of Earl Washington Jr., and Thomas Haynesworth, reports the Richmond Times-Dispatch.

One wrongful conviction is too many, those who were deprived of their liberty should be recompensed, and mechanisms need to be put into place to ensure that such tragedies are not re-enacted. But 13 instances of wrongful convictions is a far cry from predictions that the wrongful conviction rate in sex cases could be as high as 15%. Indeed, compared to the perception of prevalent injustice, the numbers are reassuring: The review of DNA evidence ended up reversing only one in 40,000 convictions. If your standard is perfection, then Virginia’s legal system is a failure. Clearly it did fail in at least 13 instances, and it could be argued that there were miscarriages of justice that the DNA review did not uncover. But by any other standard, the fact that 39,999 cases out of 40,000 withstood the review is very encouraging. I wonder how many the court systems of other states and countries would have fared as well.

Does this contract actually do anything? Last week Governor Ralph Northam announced an agreement for state government to purchase from Dominion Energy 420 megawatts from multiple solar farms and the state’s first onshore wind farm. The contract ensures that 30% of the electricity consumed by state agencies and institutions in Virginia comes from renewable sources. “This is an historic announcement for renewable energy growth in Virginia,” pronounced Secretary of Commerce and trade Brian Ball. First question: What difference does it make? If Dominion had committed to building these projects anyway, Virginia electricity customers would have been consuming clean energy regardless. The fact that the state is paying directly for these projects, rather than as a general ratepayer, does not increase the supply of green power by one electron. Another question: What will the state pay for the bragging rights? Will it pay more or less than general ratepayers? The governor’s press release doesn’t say… which is not a good sign. If this were a good deal for taxpayers, I’m sure the governor would have mentioned it.

— JAB

Disregard that Law

by Dick Hall-Sizemore

Well, Virginia made the national headlines again last week and over the weekend.  This time it was over the requirement that couples applying for a marriage license list their race on the application. And Attorney General Mark Herring was the hero, saying that, despite what the law said, the couples did not have to do that.  (NYT, WP, RTD, as well as all the networks).

On the face of it, the state could make a case that gathering information about the race of people getting married serves a legitimate purpose by providing data for state demographers and sociologists. But, because “race” can be a vague concept and applicants self-identify their race, any data collected has become meaningless. Apparently, each county can compile its own list of categories from which applicants choose.  According to newspaper reports, Rockbridge County had a list of  approximately 200 “races”, including American, Aryan, Hebrew, Islamic, Mestizo, Nordic, Teutonic, Moor, and White American. Continue reading

Marijuana legalization in Colorado: the good, the bad and the ugly

High there!  As Virginia politicians scramble to stake out positions on reforming marijuana laws in the Old Dominion ahead of this November’s elections, it is useful to look at the actual experience in Colorado after five years of legal recreational marijuana sales.  There is no universally accepted source of truth regarding the success or failure of Colorado’s marijuana legalization. However, many articles have been written regarding Colorado’s experience and the general perception seems to be positive albeit with some significant concerns. As Virginia moves down the road of marijuana reform its political class would be well advised to heed the lessons of those who have already gone down that path. Continue reading

Court Backs Little Debbie In Tax Dispute

McKee Foods’ Little Debbie

Don’t underestimate Little Debbie – the spunky tyke took on the Augusta County tax collectors and won.  But the county still has her money.

The Virginia Supreme Court has sided with manufacturer McKee Foods Corporation, which makes the Little Debbie snack products, in a dispute over the tax assessment on its 828,000-square-foot factory in Augusta County. The July 18 opinion by Chief Justice Donald Lemons (here) reverses a lower court decision, rejects the county’s existing valuations and sends the dispute back to the local circuit court for another look.  Continue reading

Differences in Arrest Rates for Marijuana Offenses across Virginia Localities

Data exhaust. In a relatively recent BR post “Marijuana arrests and racism in Virginia (especially Arlington County)” I examined the disparity between black and white Virginians when it comes to arrests for marijuana possession. My conclusion that African-American Virginians are disproportionately arrested for marijuana possession came from data generated by a VCU Capital News Service study on the matter.  Helpfully, the VCU / CNS article provided a link to a spreadsheet containing the raw data (you can download the same spreadsheet from the source link under the Datawrapper graphic). As I’ve continued to examine the VCU / CNS data I’ve noticed that it’s not just your race that affects the odds of being arrested for marijuana possession.  Where you are in Virginia matters too.  A lot. Continue reading

Illinois to Legalize Recreational Pot: Implications for Virginia

Legal tokin’ in the Land of Lincoln. Illinois governor J.B. Pritzker is expected to sign Illinois’ recreational marijuana legalization bill tomorrow. Illinois, America’s sixth most populous state, will become the 11th state to legalize the recreational use of marijuana. The District of Columbia has also legalized the possession of ganja. This has implications for Virginia.

First, Illinois is the first state to legalize the possession and sale of marijuana via the state legislature. Vermont’s legislature legalized the possession but not the sale of marijuana. All other states came to legalization via citizen led ballot initiatives. Since the Virginia Constitution has no provision for citizen-led ballot initiatives, the General Assembly would have to follow in the footsteps of the Illinois legislature to legalize marijuana in the Old Dominion. Illinois has proven this is possible. The second implication is the looming encirclement of Virginia by states with legalized recreational marijuana. The closer legal pot dispensaries get to Virginia the harder it will be for Virginia to stop cross border marijuana flows. Continue reading

Give Fairfax a Chance to Clear His Name

Lawyers for Lieutenant Governor Justin Fairfax have formally requested prosecutors in Suffolk County, Mass., and Durham County, N.C. to open criminal investigations into the sexual assault allegations made against Fairfax in February, reports WJLA.

The allegation of Meredith Watson, who accused Fairfax of raping her in 2000 when they were students at Duke University, should be fully investigated, argued Barry J. Pollack, Fairfax’s attorney, in the letter to the Durham County district attorney. Wrote Pollack:

If an investigation were to determine that the allegation is true, it should be criminally prosecuted. Conversely, if an investigation were to determine that the allegation is false, which Lt. Governor Fairfax is confident would be the conclusion of any unbiased and professional investigation, the matter could be closed and the public informed.

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Giving Slumlords a Bad Name

Winter Whittaker. Photo credit: Virginia Mercury

I tend to be sympathetic to renters and landlords in their disputes with problem tenants, many of whom can be irresponsible and exasperating. Some renters are deadbeats. But then I run across a shocking case like the one documented by renter Winter Whittaker and published on the Virginia Mercury.

Whittaker, a Richmond resident, called her landlord, Dean Parsons, to ask him to fix a leaky roof. We don’t know the history behind the phone call, which may or may not leave out critical context. Clearly, Parsons, who claims to oversee a portfolio of 375 apartments and rental units, was agitated about something. Whatever the possible extenuating circumstances, it’s hard to imagine any excuse for the racist and profanity-laced tirade he unleashed.

Responding to Whittaker’s threat of a lawsuit, he said, “I don’t give a shit about you. … I don’t give a good goddamn. You’re just another dumb ass n—— I got to go to court with and I go to court every damn day with them. It ain’t no big damn deal to me.”

You don’t have to just take her word for it. The Virginia Mercury provides the recording. Continue reading

Bacon Bits: Boomtowns, Amazon, and Rent-a-Tribe

Pockets of prosperity. America’s big metropolitan regions may be sucking up most of the growth and prosperity of the current business cycle, but they’re not sucking up all of it. In crunching data measuring economic prosperity, population growth and rising incomes, GOBankingRates found numerous “cities” (not metros) that qualify as “boomtowns.” One region stood out as especially vigorous: the South. And Virginia nabbed two spots in the top 10, reports CNBC.

Charlottesville ranked 6th among cities in the South with 2012 -to-2017 income growth of 17.9%, population growth of 11.9%, and GDP growth of 22.4%.

Richmond ranked 9th in the South with income growth of 15% over the same period, population growth of 7.6%, and GDP growth of 22.4%.

Can Amazon avoid a housing crunch? Amazon officials have told the Washington Post that the company will learn from its experience in Seattle how to avoid creating a housing crunch when its HQ2 expansion brings 25,000 jobs to a Washington region that already has full employment and high housing prices. Amazon contributed $80 million to public and private efforts to support affordable housing and prevent homelessness in Seattle, said Jay Carney, a senior vice president. But he added that it is primarily the government’s responsibility to ensure an adequate supply of affordable housing. Continue reading

Judge Rules Virginia’s Confederate Statues Protected by State Law

Statue of Gen. George Henry Thomas, Virginian and Union General, in Thomas Circle – Washington, DC.

Court case. Circuit Court Judge Richard E. Moore has ruled that the City of Charlottesville cannot remove statues of Robert E. Lee and Thomas “Stonewall” Jackson. The judge determined that these are war memorials protected under Virginia state law. Articles describing the decision can be found here, here and here. As the Roanoke Times writes …

“The Monument Fund filed suit in March 2017, claiming the Charlottesville City Council in 2016 violated a state code section that bans the removal of war memorials when it voted to remove the statue of Lee. The suit was later amended to also include the Jackson statue.

The defense recently has focused on the question of whether the statues constitute monuments. Recent motions by the defense have sought to have a jury make the determination.”

Dillon’s Rule. Virginia has a strict implementation of Dillon’s Rule. This means that a high percentage of political power within the Commonwealth of Virginia rests with the state government rather than the localities. This political philosophy has been used by the state to micromanage localities for decades. One example is a section of Virginia law titled, “Memorials for War Veterans”. The law allows localities to construct memorials for war veterans but not to remove those same memorials. This section of Virginia code was the basis for the suit over the two statues in Charlottesville. Continue reading

Courts Authorizing “Reverse Location” Warrants in Virginia

FBI “reverse location” warrant in Henrico County…. Photo credit: Forbes

Big brother Google is watching you. Back in October, 2018,  Forbes reported that a Virginia court had authorized the FBI to use a “reverse location” warrant to try to solve a series of crimes in Henrico County, Va. This warrant, also known as a geofence warrant, allows police to compel Google to provide all cellphone activity for all people in a general area over a specified period of time. The resulting handover of data includes locations and other information on potentially hundreds, if not thousands, of people. While Google has complied with the warrants in the past, it is unclear whether the company complied in the Henrico case. Continue reading

How Government Creates Poverty: Fines and Fees

Government is much better at creating poverty than at curing it.

Yesterday the General Assembly voted to end the practice of suspending driving licenses for non-payment of fines or restitution or both and ordered Department of Motor Vehicles to restore driving privileges for hundreds of thousands of Virginians. If you need to do business at a DMV office in July, get there early. Restoring 600,000 licenses may take a while.   Continue reading

Virginia’s “Secret” Medical Marijuana Program

The doctor who should be governor. State Sen. Siobhan Dunnavant is a Republican from Henrico County. She is also a practicing physician. In this year’s General Assembly session she put forth SB1557 which expanded last year’s so-called “Let Doctor’s Decide” legislation (HB1251).

What’s new? The 2018 legislation (HB1251) authorized licensed medical providers to prescribe CBD and THC-A oil “to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use.” CBD, or cannabidiol, is a naturally occurring compound found in the resinous flower of marijuana plants. It is used to treat a variety of maladies. It is non-intoxicating. THCA, or tetrahydrocannabinolic acid, is the non-psychoactive acid form of THC found in marijuana plants when raw. It is also non-intoxicating unless it is heated. Once heated, THCA releases THC which is intoxicating.  The 2018 legislation restricted THCA oil to contain no more than 5 mg of THC (the psychoactive component of marijuana). Continue reading

Yes, Let’s Restore Drivers Licenses. But…

The General Assembly spiked bills in the 2019 session that would have ended the practice of suspending the drivers licenses of Virginians who fail to pay court fines and other obligations unrelated to driving. Without some kind of repercussion, foes of the bills argued, those obligations often would go unpaid.

Now Governor Ralph Northam is proposing to use the budget as an end run around the failed legislation. He is adding an amendment to the budget bill to end the licenses-suspension practice and reinstate driving privileges for more than 600,000 Virginians.

“Having a driver’s license is essential to a person’s ability to maintain a job and provide for their families,” Northam said at a press conference yesterday. “It is especially pertinent to those that live in rural Virginia because we don’t have public transportation that is adequate to get to employment.” Continue reading