David J. Toscano

Attorney at Law

  • Home
  • Collaborative Law
    • Principles Of Collaborative Divorce Practice
    • Sample Collaborative Participation Agreement
  • Estate Planning
  • Contact David
  • Submit a Payment
  • Terms & Conditions

Blog

Delegate David Toscano

17 reasons why we need to elect 17 more Democrats to the House of Delegates in 2017

March 31, 2016 by David Toscano

Delegate David Toscano
Delegate David Toscano

I hope you will participate in this fundraising challenge:

Elect 17 in 2017

  • 17 days
  • 17 Thousand Dollars
  • 17 House of Delegates Seats to Win the Majority

Reason #1

Republicans block Medicaid expansion;
more Democrats would change that.

Reason #2

Republicans fire extremely qualified Supreme Court Justice, propose hiring ideological partisan Ken Cuccinelli;
Democrats support nonpartisan judicial selection.

Reason #3

Republicans prevent any redistricting reform;
Democrats support nonpartisan and fair redistricting.

Reason #4

Republicans vote to defund Planned Parenthood;
Democrats support family planning and reproductive health.

Reason #5

Republicans want more guns – in schools, cars, and workplaces;
Democrats support common sense gun safety and responsible gun ownership.

Reason #6

Republicans pass bills making it more difficult to vote;
Democrats support more options for ease in voting.

Reason #7

Republicans deny science of climate change – reject Virginia’s Clean Power Plan;
Democrats embrace science and believe we need action on climate change.

Reason #8

Republicans defeat bills to ensure nondiscrimination in employment and housing;
Democrats support equal rights for everyone, including LGBT community members.

Reason #9

Republicans pass bills to use religion as a reason to discriminate;
Democrats believe in diversity and fair treatment for all.

Reason #10

Republicans take money from public schools by supporting tax credits to fund private schools;
Democrats fight to adequately fund public schools and raise teacher pay.

Reason #11

Republicans deny efforts to provide every child access to full-day kindergarten;
Democrats believe all children should have access to full-day kindergarten.

Reason #12

Republicans defeat efforts to increase the minimum wage;
Democrats support efforts to raise wages to build the middle class.

Reason #13

Republicans continue efforts to amend the Virginia Constitution – even when not needed;
Democrats believe we should only change our Constitution for serious and compelling reasons.

Reason #14

Republicans sought to ban abortion after 20 weeks, without regard to the health of the mother;
Democrats believe that abortion should remain safe and legal, and we should have services in place to reduce the number of unwanted pregnancies.

Reason #15

Republicans continue to fight against new Americans;
Democrats support common sense immigration reform that includes pathways to citizenship.

Reason #16

Republicans removed funding that would assist former offenders who seek restoration of their voting rights;
Democrats believe restoration of rights is essential to integrating rehabilitated offenders into society.

Reason #17

Republican “tax reform,” from Bush to Trump, means more income and wealth inequality than ever before;
Democratic tax reform is designed to expand the middle class and generate more economic opportunity.

Filed Under: Blog, Politics Tagged With: Voting Access

Three Books Prompting Thoughts on Civility

May 14, 2015 by David Toscano

It’s great to be here with you tonight to talk about everything from civility to what it is like to be in the minority. And let me tell you, after 10 years in the House of Delegates, I know a lot about what it feels like to be in the minority.

I believe, of course, that the primary role of the minority is to become the majority.  But beyond that, minorities have a special role to play in how political discourse is conducted.  In my view, just saying “no” is not enough.   To be sure, we have a key role critiquing the majority-in-committee, on the floor, and in the public, and using the weaknesses in their positions to draw distinctions.   But we are also aware that we have a key role in how political discourse will be conducted. If all the minority does is to constantly roll hand grenades into the middle of the room, we will miss a great opportunity. There are, of course, times when we must take the offensive and that surely irritates the majority. But the way that we do it is important, not only to making our points, but also setting the stage for how we handle debate when we resume majority, as we inevitably will.

David Toscano speaking at the Sorensen Institute
Speech given by Delegate David Toscano at the Sorensen Institute 2015 Spring Gala, on May 14, 2015, at the Greater Richmond Convention Center, Richmond, VA

When you are in the minority, you sometimes feel you are starving for attention. So you seize every opportunity and resort to gimmicks – anything that makes things more interesting. For example, props. The ability to use props and charts is unique to the house chamber, and frankly speaking, it makes the house a much more interesting place to debate than in the senate where such props are prohibited. Well, tonight we are not on the house floor, but I brought some props.

So let’s start with one which will get the attention of my friend, Kirk Cox. He is a Yankee fan, and all I need to get his attention is to wave this Red Sox cap in front of him. If we didn’t do things like this, Kirk would simply fall asleep watching a succession of 67-33 votes. Hell, I would fall asleep too.

So tonight, in honor of the House, I brought you some props in the form of books for summer reading. Don’t worry, these books are all very quick reads, unlike Thomas Piketty’s Capital, which remains on my bedstand for use in helping me get to sleep at night.

So, what do I have? First, let us start with a book on Jefferson. Would you expect anything else from one of the delegates who holds the seat once held by Jefferson in the House of Delegates? The book is called Democracy’s Muse: How Thomas Jefferson became an FDR Liberal, a Reagan Republican, and a Tea Party fanatic, all the while being dead. There are great takeaways from this book – not the least of which are some wonderful Jefferson quotes. For example, Jefferson once wrote “If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be.” This, of course, was from the letter he wrote to the House of Delegates in 1816 to convince them to create the University of Virginia. Historical note, especially for Dick and Bryce (and senators)  – the Senate had little power at this time – it couldn’t even introduce bills. Oh, for the good old days! For Jefferson, creating UVa wasn’t an easy sell; it took years for the Commonwealth to approve this plan. Good thing they did. Go hoos!

Over and over again, Jefferson’s quotes are used for all kinds of purposes. Many are twisted. For example, the quote displayed on the t-shirt worn by Timothy McVeigh as he carried out the Oklahoma City terror bombing in 1995, read “the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” Twisted to be sure because Jefferson never viewed his statement as a call-to-arms or rebellion. In fact, he was using it as a part of his condemnation of Shays’ Rebellion in Massachusetts in the 1780s.

Many quotes are attributed to him that he never said. How about this one: “if your government is big enough to give you everything you want, it is big enough to take everything you have.” According to Monticello scholars, Jefferson never said it. And, this one: “My reading of history convinces me that most bad government results from too much government.” He never said that either. How about, “the Bible is the source of liberty”? Nope. “That government is best which governs least”? Nope – that’s Henry David Thoreau.

The book also puts into perspective the political discourse of our day. When we think about a dysfunctional congress and negative campaigning, we need to realize that in the first years of the Republic, all was not hearts and flowers. For example, during Jefferson’s numerous campaigns, rumors were spread about all kinds of his personal and romantic activities, some of which later proved actually to be true. Similar comments were made and directed at John Adams, Jefferson’s chief antagonist at the time. How ironic that they became close to each other after they both left the presidency.

But even after all of the attacks, Jefferson extended the olive branch to his opponents – sought to bring people together. In his first inaugural, he not only emerges as a conciliator, but as the ultimate rationalist. Let me quote, “every difference of opinion is not a difference of principle.   We are called by different names brethrens of the same principle. We are all Republicans. We are all Federalists.”  What an amazing thing to say after the divisive 1800 election! What a uniquely american thing to say!

But he went further, I quote, “If there be any among us who would wish to dissolve this union or to change this republican forum, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left to combat it.” Reason would triumph over the error of opinion. That is so Sorensen!

With that comment, I move to the next book worthy of reading. This is also written by a Virginian, Stephen Nash, who is a science writer. It’s entitled, Virginia Climate Fever: How Global Warming Will Transform Our Cities, Shorelines and Forests. The book provides us with a number of sobering facts and challenges us to embrace a course of scientific consensus that global warming and climate disruption is being caused by human activity. There are shocking facts in this book that are worthy of our consideration in Virginia. For example:

  • Sea level rise was about 6.7 inches throughout the last century. The rate in the last decade is double that.
  • Seventy-eight percent of all Virginians live within 20 miles of the Chesapeake Bay, the atlantic, or tidal rivers
  • over 600,000 people live within 6.5 feet of sea level.

Some scientists predict 1 foot of sea level rise by the year 2050, a change that would bring momentous and expensive change to Tidewater Virginia, pushing salt water onto roughly 40 square miles of dry land, and that doesn’t even account for possibilities of tidal surges during serious storms.

I go on and on, but that is a partisan speech that can wait for another day (I have props for that too.) But the big concern that I draw from this book – and one which I hope you will consider – is how we got to the point in this country where we no longer trust our scientists. (t didn’t used to be this way. In America, we revered our scientists. They helped end World War II, put a man on the moon, and eliminated all kinds of serious disease. This skepticism in science is relatively recent – really over the last decade, and is a trend about which Jefferson would be deeply troubled. If Sorensen can do anything, I hope it can explore how we can restore respect for how empirical data can inform political discourse and sound social policy. We used to have a high regard for scientists in this country. The debate on climate change seems to be eroding that.

And, finally, I wish to bring a book to your attention written by Jason Grumet, president of the Bipartisan Policy Center in Washington. City of Rivals offers practical steps for how to govern a polarized nation and tries to restore our faith in government and the ability to get things done.   And while Grumet has a lot of tangible steps that can help increase public participation in the electoral process – things as structural as changing the way we do redistricting and ease of voting to encourage political opponents simply to share a meal or a drink together, he raises two very fundamental questions.

First, are we electing and appointing people who actually want to work together? Second, can the “best and brightest” in our society be attracted to government service? I submit that the jury on those two questions is still out. I would like to think that in Virginia we are still electing people who actually want to get things done, but what about the long term?

Part of the answer can be found right here in this room and in the mission of Sorensen – to recruit the best and the brightest and help them develop both the skills and the relationships necessary to work together and get things done. Sorensen knows that the essence of people learning to work together and get things done involves the slow and steady process of building relationships and trust. We have more of this than you would think in Virginia, but not as much as we had and certainly not as much as we need. And without constant rededication to this task, we will only generate greater polarization and fewer opportunities for change that enriches all of our lives. If we can get it right in Virginia, we will have a competitive advantage because there are so many other places which are going in the opposite direction.

In conclusion, then, I again congratulate Sorensen for all of the fine work that is it does and in so doing, let me leave you with the words of John F. Kennedy, who seized upon Jefferson so many times during his presidency and who said that, “we must remember that civility is not a sign of weakness and sincerity is always subject to proof.” So, here’s to Sorensen, summer book reading, Jefferson, and the fellowship borne out of sharing a meal and a drink.

Filed Under: Blog

Resignations and Investigations:
Senator Puckett and the Virginia Tobacco Commission

July 10, 2014 by David Toscano

(This article appeared in the Virginian-Pilot on Sunday, July 7, 2014)

The month has been a wild one with far reaching implications for Virginia politics.

The defeat of Representative Cantor in a June primary was shocking; who would have thought that he was not conservative enough for Virginia?

More troubling are the circumstances surrounding the resignation of a sitting Virginia senator.  It is baffling and has prompted many of us to ask many questions. What kind of deal was made? Was it an implicit offer? Explicit? Who was involved? We know it involved the promise of a judgeship to his daughter. But what about a job for him? We know the job was discussed and we know there was a “private session” of the Tobacco Commission scheduled to discuss the appointment of a Deputy Director, which was then canceled after the Senator said he would not take the job. Pretty odd, huh? These circumstances require an investigation of what went on, and who made promises to whom.

Beyond that, the incident raises new questions about the operations of the Virginia Tobacco Indemnification and Community Revitalization Commission (“Tobacco Commission”).

The Tobacco Commission was established in 1999 from funds generated by the Tobacco Master Settlement Agreement. It was capitalized with over $1 billion. It has a 31-member board. Right now, of the elected officials, there are no Democrats on this Board. It is charged with helping tobacco farmers and with revitalizing formerly tobacco-dependent communities.

Over the years, it funded a wide variety of projects, but unlike our state budget process, it is not always clear why certain things get funded. Millions of dollars are awarded, but without much evaluation of their effectiveness.

These issues have been raised before. A Blue Ribbon Commission chaired by former Governor Gerald Baliles recommended the Tobacco Commission use a more business oriented approach in making grants with measurable outcomes and goals, and suggested that localities contribute match monies before grants are made.

A 2011 review by our legislative watchdog, the Joint Legislative Audit and Review Commission (JLARC), found that 89 percent of all Tobacco Commission awards were not linked with any outcome metrics. JLARC made 26 recommendations; to date, only 9 have been fully or partially implemented.

Lastly, a report by the Office of the Inspector General (OIG) released this January, 2014, cited concerns about the Tobacco Commission’s failure to use economic analyses before awarding grants. Six of the thirteen projects examined by the OIG did not involve any matching funds from localities.

So let’s get specific – here are some examples that raise questions:

  1. The Tobacco Commission has extended to date $978,288 for a proposed medical school (King School) in Southwest Virginia, and no building has yet to be built, even though $62,439 was paid to the school’s CEO.
  2. The Tobacco Commission spent $20 million – yes, $20,000,000 – to create new Medical School at Liberty University. Do we need another medical school? Would we be better off expanding residencies at our teaching hospitals? It is not clear that this was discussed. Our state budget process does not work that way; any proposal like this would involve full vetting by House and Senate committees, and administration staff.
  3. The Tobacco Commission spent several hundred thousand dollars on a sewer line to help construction of a private prison in Farmville run by “Immigration Centers of America,” which houses between 500-1000 largely undocumented persons scheduled for deportation. And it is a private facility.
  4. Finally, there were a series of grants made to the now-defunct Virginia Intermont College. These included $169,000 for a Tourism Degree that never emerged and $1.38 million for a science building that may never be used.

There are other points to consider as well. The Tobacco Commission employs fewer than fifteen persons with a personnel budget of $1.3 million. It is spending its endowment very fast; something that should concern citizens of southside and southwest Virginia.  On July 1, 2008, it had $741,690,000 in the bank. As of June 1, 2014, they projected $313 million. The Tobacco Commission has been burning the endowment at over 10 percent per year for the last six years.

To its credit, the Tobacco Commission has done some good things. Recently, it worked with the state economic development office, VEDP, to help fund Microsoft expansion in Mecklenburg County. They used projected rates of return to justify the investment, a good model. They need to do more projects like this.

But the recent events with Senator Puckett demand an independent inquiry be done, not just of facts and circumstances of the Senator’s resignation, but the operation of the Tobacco Commission itself. The Tobacco Commission looks increasingly like a private Appropriations Committee controlled by a small group of individuals, where millions of dollars are spent without the scrutiny that taxpayers deserve.

Filed Under: Archive: Press Releases, Blog, News

Thoughts on the 2012 Election

November 14, 2012 by David Toscano

November 6, 2012 showed again that the United States is truly an exceptional nation. Every four years, we participate in a process to select our President and determine the direction of the country. Although our elections are not perfect, and while many have recently sought to limit the franchise and make voting more difficult, we still find a way to engage millions of people in a democratic process designed to determine which ideas win out. At the end of the process, thoughtful leaders always make some effort to pull the country together and make a peaceful transition to the next four years of leadership. Mitt Romney’s comments on the morning of November 7, 2012 show again how our system works best. Gracious in defeat, he embraced the best tradition of this country in congratulating the President and wishing him well.

Beyond the renewal of our democratic system, what can we learn from this election? I offer the following winners and losers:

Virginia won

In addition to the importance of Tim Kaine’s victory and President Obama’s win, the election again shows that the demographics of the Commonwealth are changing rapidly, with the result that Virginia is now a reliably purple state and likely to continue to be a swing state in the presidential elections for years to come. While we decry all of the TV ads, our importance as a state means more exposure for us and much more emphasis on our politics and our leaders. And much more influence in the federal arena.

Diversity won

The key to the Obama victory was mobilizing a very diverse political coalition. African-Americans, a group which cast over 90 percent of its vote for the President, were key – but so too were Latinos, who increased their vote 10 percent nationally, and increased their support for the President from 67 percent to 71 percent of their votes cast. In Virginia, Asian-Americans cast 64 percent of their vote for the President.

Women won

Obama’s performance with women increased from 2008, largely because of policies embraced by the Republicans and insensitive statements from their candidates. There is little doubt that Tim Kaine benefited from the ultrasound legislation and social overreach of the Republicans in the Virginia General Assembly. And we all know what happened to the Republican candidates, Akin in Missouri and Mourdock in Indiana, both of whom angered their electorates with their outrageous comments about rape and lost as a result.

Science won

Data-driven politics is stronger than ever. Many of the most conservative Republicans tried to deny the science of polling just like they have denied the science of climate change. This election proved them wrong on the polls; not only were they not skewed to favor Democrats, but many were remarkably predictive of the final results. New York Times poll analyst Nate Silver, who felt the ire of conservative Republicans, was so good that he predicted the presidential winner in all 50 states. Science won big on November 6, 2012.

Secret Super PAC money lost

Virginians are more sophisticated in rejecting the misleading and negative ads fueled by out-of-state secret super PAC money. The Kaine race saw more of this money spent to tear down our former Governor, and saw it earlier than ever before. But Karl Rove and the Koch brothers failed, and we now have two Democratic Senators in Virginia.

With the election over, I turn my attention to the legislative session beginning in January. I am now assembling my legislative package, which will likely include another effort to enact nonpartisan redistricting, a bill to reduce financial exploitation of the elderly, and measures to improve governance at the University of Virginia. As always, I appreciate your input and need your help; it is an honor to represent you in the Virginia General Assembly.

Please feel free to contact me at 434-220-1660 or by email at david@davidtoscano.com.

 

Filed Under: Blog

Congratulations to Barack Obama and Tim Kaine

November 7, 2012 by David Toscano

Democratic Party mascot Tuesday was big. President Obama captured Virginia again, on his way to reelection, and Tim Kaine won the battle of former Governors to become our junior Senator. Our country and the Commonwealth face big challenges – continuing the economic recovery, supporting our schools, ensuring a safety net and dealing with climate change, as examples – for which we need the vision and abilities of these two men.

Senator Tim Kaine and Delegate David Toscano
Newly elected senator Tim Kaine and Delegate David Toscano

Electing President Obama and Senator Kaine, especially with the millions spent in Virginia by Karl Rove’s American Crossroads and other Super PACs on harsh, misleading attack ads, took a lot of work. I have never seen so many citizens of the Commonwealth putting so much of their time into an election – a reflection of the abilities of our candidates and the stark choice that confronted voters. Thank all of you who worked so hard this fall.

Unfortunately we were not able to elect Brigadier General John Douglass to represent us in Congress. He ran a vigorous, issue-oriented campaign, but was unable to overcome the demographics of a district stretching from Danville to Warrenton, gerrymandered to protect the Republican incumbent. But General Douglass did a great job and laid the groundwork for future Democratic success in the 5th district, and we all owe him a debt of gratitude. Thank you, John.

Virginia is on its way to becoming a reliably Blue state (to see election results for your precinct visit the Virginia Board of Elections website). The work we did this year will pay off in 2013: we will reclaim the Governor’s mansion and begin to take back the House of Delegates.

Filed Under: Blog

  • « Previous Page
  • 1
  • …
  • 9
  • 10
  • 11

Contact Me

123 E. Main Street
8th Floor
Charlottesville, VA 22902
Email: davidjtoscano@gmail.com
Phone: 434-960-7171

Mailing Address

P.O. Box 501
Charlottesville, VA 22902

Make a Payment

Authorized by David J. Toscano, Attorney
© Copyright 2025 · DavidToscano.com · All Rights Reserved ·