David J. Toscano

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2015 House of Delegates Election Results Silver Lining

November 4, 2015 by David Toscano

While most analysis has focused on the Virginia Senate, let’s not lose track of what happened in the House of Delegates races. Here is the positive news for Democrats:

  • House Democrats ended the Republican “veto-proof” majority in the House.
  • It was the second consecutive election where we picked up seats even though we were massively outspent, perhaps on a level of four-to-one.
  • We held the seats of our incumbents Murphy, Mason, and Bulova, despite a barrage of misleading and untrue Republican attack ads, including an unprecendented Washington DC broadcast TV buy of almost $1 million. The Republicans attempted to buy the elections.
  • We did not lose one incumbent and we have not lost a Democratic incumbent for two consecutive general elections.
  • Democrats won two open seats formerly held by Republicans, with Jennifer Boysko’s win in Herndon and John Bell’s win in Loudoun.
  • Democrats won an additional four open seat races; one open seat is still too close to call.

To view the 2015 election results, visit results.elections.virginia.gov

Thank you to all those who came out to vote yesterday, and especially my supporters who re-elected me to serve the 57th District for a sixth term. I am honored to represent the people of Charlottesville and the surrounding portions of Albemarle County; a district that is part of the seat once held by Thomas Jefferson. As always, I look forward to hearing from you about your thoughts and hopes for the future of our Commonwealth.

Sincerely,

David Toscano

Filed Under: Politics

Election Day TODAY

November 2, 2015 by David Toscano

VOTE TODAY

Election Day is Tuesday, November 3rd.

Polls opened at 6:00 a.m. and close at 7:00 p.m.

Your vote is important! Today, we elect all 140 members to Virginia’s legislative chamber, as well as supervisors, city and town council members, constitutional officers, regional commissions and boards in localities all across the Commonwealth.

If you have questions about your voter registration and your polling place, the Virginia Department of Elections’ website, elections.virginia.gov, can help.

(Your voting location is also printed on your voter registration card.)

REMEMBER YOUR PHOTO ID!

Virginia law now requires you bring a photo identification with you to vote. All of the acceptable forms of photo ID can be used up to a year after ID has expired. These photo IDs include:

  • Valid Virginia Driver’s License or Identification Card
  • Valid Virginia DMV issued Veteran’s ID card
  • Valid United States Passport
  • Other government-issued photo identification cards (must be issued by US Government, the Commonwealth of Virginia, or a political subdivision of the Commonwealth)
  • Valid college or university student photo identification card (must be from an institution of higher education located in Virginia)
  • Employee identification card containing a photograph of the voter and issued by an employer of the voter in the ordinary course of the employer’s business
  • See here for a more detailed list of acceptable IDs

If you are registered in the 57th District, I ask for your vote, so I may continue to represent you and our shared values in Richmond. I am honored to serve the 57th District, and hope you will continue to support me in this election.

Thank you, and as always, please do not hesitate to contact my office should you have any questions or concerns on matters that come before the Commonwealth.

Sincerely,

David Toscano

Filed Under: News

Our Thoughts and Prayers are no Longer Enough – Escaping the Frame of the NRA

October 20, 2015 by David Toscano

In late August, following the fatal shootings of reporter Allison Parker and her colleague Adam Ward, I posted the following on my Facebook page: “Yet another tragedy…My heart and sympathy goes out to the families of the victims… In Virginia, we have been going backward (on gun safety measures).”

The post drew some criticism, and I considered responding. I did not, primarily out of concern that it might be taken as using a tragedy for political purposes. The newest shootings in Oregon and at Northern Arizona University, have again prompted calls for “thoughts and prayers” in light of another “tragedy.” Maybe it’s time, however, to change our language in describing these events; we could just as easily refer to these as “outrages” which require action rather than “tragedies” which simply need our “thoughts and prayers.”

Governor McAuliffe has chosen to act. He issued Executive Order 50 designed to do what he can within his Executive Authority. This includes a directive to law enforcement to redouble efforts to enforce laws on the books, and sets up a hotline (1-877-482-8477) which citizens can call 24 hours a day to report illegal gun activity. This will help, but change will also need to occur through legislative action.

I began my service in the General Assembly in 2006. Since then, many efforts have been made to pass commonsense gun violence measures. The Republican-controlled House of Delegates has defeated almost every single proposal. Instead, the General Assembly has repealed previously enacted commonsense measures such as “one gun a month,” and we now allow persons to carry weapons into bars (in Virginia, we call them restaurants). As Nicholas Kristof writes, gun violence continues, not just in the form of mass shootings, but, as a seemingly “continuous deluge of gun deaths, an average of 92 every day in America.”  His piece is worth a read, and includes grim statistics about gun violence that kills thousands of innocent Americans each year, but does not draw the sensational headlines of mass shootings.

I will never forget my first legislative foray into this issue. I had been asked by a local Commonwealth’s Attorney to introduce a simple measure that would make it unlawful for a person subject to a protective order involving domestic violence (i.e., someone who a judge determined had either committed or threatened violence against another) from “possessing” a firearm. The measure had been prompted by an unsuccessful prosecution of a man subject to a protective order who was threatening his spouse while “possessing” a gun between his legs. The Commonwealth’s Attorney’s prosecution failed because of a loophole in the law, which prohibited the “ownership” or “transportation” of a weapon but NOT its “possession.” Since the gun between his legs was not owned by him or transported by him, the perpetrator was not convicted.

I was optimistic, largely because the proposed measure had the backing of the state Commonwealth’s Attorney Association, the Virginia State Police, local police departments, and the Sheriff’s Association. The bill came before a subcommittee of the House of Delegate’s Committee on Militia, Police and Public Safety, where numerous law enforcement personnel testified in support of the legislation. Everything was going smoothly until the head of the ultraconservative Virginia Citizens Defense League, an organization to the right of the NRA, got up to argue against the measure. Now-Congressman, then House Republican Majority Leader, Morgan Griffith entered the room, moved quickly to kill the bill, and it experienced a shocking and sudden death. I then understood the power of the gun lobby in Virginia.

Flash forward to our legislative session in 2015. The Republicans in the House of Delegates had already killed efforts to close the so-called “gun show loophole,” the provision that allows unlicensed dealers and private sellers at gun shows to sell directly to individuals without a background check. We decided to try another approach; why not just give these private sellers the choice of having the Virginia State Police do the check if the seller believes there might be a concern? I introduced the bill, and it met a quick demise without a recorded vote in subcommittee – not unexpected given the history of the last few years.

Opponents of commonsense gun safety laws frame mass shootings as tragedies often committed by mentally ill people. The opponents would prefer to keep it this way, stressing the “senseless” character of the tragedy and the inability to stop mentally unstable people from acting irrationally. We must reject this frame. Once these “tragedies” begin to affect, as they have been doing, a broader cross-section of our society, what was once described as a private trouble has been transformed into a public issue that requires a policy response. That is why more than 90 percent of the public now favors universal background checks; this is hardly the opinion of the “anti-gun left,” but a commonsense approach to reduce risk to the public.

Convincing opponents of commonsense measures to reduce gun violence is difficult. First, no matter what we do, shootings like Charleston, Newtown, Columbine, Isla Vista, Ft. Hood, Brookfield, Aurora, Oak Creek, Roanoke, Virginia Tech, Roseburg – the list goes on, can still occur. But that shouldn’t be taken either as a rationale for doing nothing or reflective of pessimism about how social policy can change behavior. There are persons in our society with serious mental illness who may gain access to a weapon, either illegally or legally, and inflict harm on others. But why should this invalidate efforts for common sense, evidence-based reforms to limit gun violence? Shouldn’t we focus instead on reducing the risk of future tragedies?

We pass laws to reduce risk all the time. For example, we establish speed limits even though we know that some people will violate them and accidents will occur. We require seat belts in vehicles even though some people will not use them, and require insurance to help pay the cost of “tragic” accidents. We ban driving under the influence of alcohol or drugs, but many people still do. We even prevent people from using their automobiles if their repeated behavior (drunken driving convictions) poses a risk to others. Would we repeal these laws because “some people will always drive drunk” or over the speed limit?

Commonsense laws such as universal background checks will not entirely prevent people who should not have guns from getting them, but it will surely make it more difficult for them to do so. And the risk to the public will therefore decline. To the mental illness argument, many countries in the world, including western democracies, have incidences of mental illness similar or even greater than ours, but nowhere near the level of gun violence. While some of this difference can be attributed to cultural factors, there are simply more guns available in the United States.

Most proponents of commonsense gun safety measures have no interest in disarming the public. They simply want a reduction in the violence, and they recognize that doing nothing and simply responding with “thoughts and prayers” will not achieve that goal.

As always, it is a pleasure to serve the 57th District in Virginia’s House of Delegates. Please do not hesitate to contact me with any questions or comments on matters before the Commonwealth.

Sincerely,

David Toscano

Filed Under: General Assembly 2015 Tagged With: Gun Safety

At UVa it isn’t all about Sullivan

October 16, 2015 by David Toscano

Last week, Del. David Ramadan suggested it was time for the tenure of University of Virginia President Teresa Sullivan to come to an end. While we deeply appreciate our colleague’s concern for the university and his desire to combat sexual assault on college campuses, we disagree with his conclusion and are concerned that his focus on one person detracts from what is needed to confront the critical challenges our universities now face. In fact, we believe Sullivan not only continues to have the confidence of the university community and the Board of Visitors, but also enjoys a positive and productive relationship with the General Assembly as a whole.

Ramadan is right that Sullivan and U.Va. have faced a series of unique and unprecedented challenges in recent years. The abductions and murders of Morgan Harrington and Hannah Graham, both of which occurred off-Grounds; the two unfortunate and in hindsight obviously avoidable incidents involving the Alcohol Beverage Control and university students (again, these incidents occurred off-Grounds); and the sensational controversy over the now retracted Rolling Stone article would unsettle even the steadiest of ships.

But instead of being unsettled and retreating, President Sullivan, the Board of Visitors, and leaders at the university joined with the community and the legislature to act. Sullivan and the Board convened stakeholders throughout the university to address sexual assault, a serious problem that afflicts not just this university, but college campuses across this nation. During the past year, the university launched training and awareness campaigns on Grounds, added a police substation at the university corner to enhance safety, improved lighting and camera systems, hired more staff to provide proper counseling and support to survivors and implemented online education modules on alcohol and sexual violence.

Once the Rolling Stone allegations were discredited, it would have been easy for the university to withdraw, arguing that the problem was overblown. Instead, Sullivan, the Board and the university community pressed on, working with the legislature to produce three new laws that will likely be seen as national models of how states can navigate the complexities of federal law to produce an environment where survivors get appropriate support and control their own destiny while reporting serious offenses.

We know how difficult these bills were to construct because we worked with a number of our legislative colleagues on all three; they were extremely complex undertakings, took countless hours and could never have been done without the complete cooperation of the university and its president. While no legislation is perfect, we believe these laws will make a difference.

We encourage Ramadan to reflect on the statement of Catherine E. Lhamon, assistant secretary for civil rights, writing in the summary of the Department of Education’s recently completed compliance review of the university, that “President Sullivan’s leadership in crafting an exemplary new policy to address sexual violence and sexual harassment and in confirming her continuing commitment to comprehensive work to assure a safe learning environment at U.Va. sets just the right tone for her students.”

Clearly, work remains to be completed to combat sexual assault on our campuses. But we should give credit where it is due, and our colleague simply missed the point in his criticism.

Finally, it is also important to remember the role the General Assembly plays with respect to higher education governance. We help set policy, provide funding and have an important oversight role; but, it is not our role to micromanage the affairs of our colleges and universities. We appoint and ensure that the most qualified and capable leaders are at the helm of each school’s Board of Visitors. U.Va. has an outstanding Board comprising some of the commonwealth’s most distinguished citizens in whose wisdom and judgment we have tremendous confidence. This Board recently extended President Sullivan’s contract by two years without a single dissenting vote. The university has a new strategic plan in place, whose implementation will further enhance its reputation as one of the best universities in the country. Demanding the resignation of the president is not the right thing to do, will do nothing to advance the strategic plan and only complicate our efforts to improve higher education at U.Va. and our other universities!

by David Toscano and Jimmie Massie

Jimmie Massie represents the 72rd District in the Virginia House of Delegates, is chairman of the Higher Education Subcommittee and may be reached at deljmassie@house.virginia.gov.

Filed Under: News Tagged With: Education, University of Virginia

The Francis Effect: Policy, Progress, and the Prospects for Common Ground

October 7, 2015 by David Toscano

While it may be too early to determine whether the Pope’s recent visit will have a lasting effect on how we conduct our civil lives, our politics, or even how we think about ourselves as a nation, he has certainly gotten our attention.  During his visit, every news outlet was focused, not only on his every word, but on the symbolic elements or where he went or who he met. From the White House to his powerful prison visit, Americans were transfixed by his presence and his words of peace and reconciliation.  Some have argued that the Pope even influenced John Boehner’s resignation as Speaker.  I personally think this had more to do, as Republican Representative Peter King says, with the “crazies” taking over the GOP and a solid conservative like Boehner just seeking a way out.

But ideas still matter, and the Pope’s statements will be used to support a wide variety of policy initiatives at both the state and federal levels. When the Pope said that “we were all, at one time or another, foreigners,” and we should look at immigrants as people rather than as statistics, he is not-so-subtly suggesting that our policy in this area is flawed and requires a much more compassionate approach. His thinking in this area is very different from those who are in the ascendency in the Republican presidential sweepstakes, as well as those who control legislative bodies throughout this country, and is more consistent with the view that while unlimited and uncontrolled immigration cannot be countenanced, there should be a path to citizenship for people who come here in search of a better life and in a desire to be assimilated into this country.

At the state level, the Pope’s pronouncements will undoubtedly be used as a further justification for Medicaid expansion. While we Democratic advocates of expansion have tried to convince our Republican colleagues of expansion’s economic benefits (30,000 new jobs, returning our tax monies from Washington, D.C. to Virginia, shoring up the economic viability of our hospitals, helping balance our strained state budget), at its heart, this debate has always been fundamentally about serving those in need by providing some form of medical insurance to 400,000 Virginians who do not presently have it. Republicans have consistently taken the position that expansion would create enormous fiscal challenges for our budget, even though the federal government would initially pay for 100 percent of its cost. Early in the debate in the General Assembly 2014 session, Republicans suggested that they would have a plan of their own. We waited and waited, believing that any proposal to insure those 400,000 could be a winner, but the plan never came. Since that time, we Virginians have sent almost $2.8 billion of taxpayer monies to D.C., we have less money in our state budget as a result, and we have lost an opportunity, at least for the moment, to insure more Virginians. Perhaps the Pontiff’s words will make a difference; time will tell.

As expected, Pope Francis took direct aim at the conservative elements of our nation in his discussion on climate change. There is a certain irony in watching the leader of a church who formerly viewed science skeptically embracing the scientific consensus that disruptions in our climate are being caused largely by human activity, and that different policies are necessary to combat it. Many of us hope that the Pope’s view on this issue will be a “game changer,” but this is not likely to occur until we change the Congress and many of the legislators in state houses across the country, whose antipathy to anything supported by President Obama is without bounds.

While the policy prescriptions embedded in the Pontiff’s pronouncements are, on balance, much more favorable to the Progressive view than to the Conservative, this Pope is concerned about more than just public policy; he is also challenging us to embrace a more civil political process by which we engage each other in attempting to create a climate of hope, opportunity, and justice.

Pope Francis exudes humility and civility, two characteristics not always found in our political sphere. His prescription that “a family is like a factory of hope” and that difficulties can be overcome by discussion and compromise, suggests that, while we should not abandon strongly-held views, we should seek understanding and common ground that improves the public good.   He is neither politician, nor prophet; he is a pastor, and his words and deeds during his visit have challenged us to discover better ways to develop policies in the service of others.

As always, it is a pleasure to serve the 57th District in Virginia’s House of Delegates. Please do not hesitate to contact me with any questions or comments on matters before the Commonwealth.

Sincerely,

David Toscano

Filed Under: General Assembly 2015 Tagged With: Affordable Health Care, Climate Change, Environmental Protection, Immigration, Medicaid expansion

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