General Assembly 2019

Surprised? House Republicans Refuse To Discuss Gun Safety Measures And Adjourn Until After Election

July 10, 2019 by David Toscano

The much-anticipated Special Session called by Governor Northam to address the challenges of gun violence in the Commonwealth ended abruptly on Tuesday, July 9, 2019, when the House Republicans adjourned until November 18, several weeks after the fall election. Democrats introduced eight common-sense measures designed to address gun safety. These included universal background checks for all gun sales, and a bill to create an Emergency Risk Protective Order (ERPO) designed to remove guns from people who, due to a mental health situation, pose a risk of injury to themselves or others.

I was the designated patron for HB 4009, a bill that would have conformed Virginia’s statute on protective orders to provisions in federal law that prevent individuals subject to such orders from possessing a firearm; we already prohibit people from “owning and transporting” a firearm while subject to a protective order. This bill is similar to one I introduced in 2008, which had the support of a broad cross section of Commonwealth’s Attorneys, sheriffs, and state police. It was defeated in a Republican-led committee when the dominant gun rights group in the Commonwealth, the Virginia Citizens Defense League, testified against it. Similar bills have been introduced in the decade since, but they all have been defeated.

Yesterday, not a single one of the 63 bills filed for special session got a hearing; Republican leadership in both chambers instructed their committees to table most of the measures — including the eight Democratic bills — and simply adjourn until November 18.

Broad Public Support

Republicans claimed that they needed more time to study these bills. That argument made little sense since most of these bills had been introduced in previous sessions. [Read more…]

Thoughts on The Fourth of July and the Declaration of Independence

July 4, 2019 by David Toscano

Almost every year since I arrived in Charlottesville in 1981, my wife Nancy and I have attended the annual July 4th naturalization ceremony at Thomas Jefferson’s Monticello. Each year, people born in countries from across the planet take the oath of U.S. citizenship, not only pledging to protect and defend our Constitution, but also renouncing “all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty…”

Over the years, we have heard numerous speeches discussing Thomas Jefferson and his role in the founding of the country, and celebrated countless people from foreign shores who decided to take the oath of citizenship and become American citizens. It is among the most inspiring events that an American can attend, largely because it links the power of Jefferson’s words with the promise of so many seeking a better life.

The naturalization ceremony at Monticello has been occurring since 1963, and for the last 30 consecutive years, former Virginia Supreme Court Chief Justice John Charles Thomas has delivered a stirring reading of the Declaration of Independence to the assembled crowd. There is a certain poignant irony to Thomas’s reading; after all, Jefferson’s words at the time did not apply to African Americans like Thomas, most of whom were enslaved. The Declaration also did not apply to women, people who did not own property, and Native Americans. Hearing Jefferson’s words, penned 243 years ago at the young age of 33, reminds us how idealistic a country we have been since our beginning. But locating them in historical context also underscores that while we have traveled a substantial distance, we still have a long way to go in order to become a “more perfect union.”

The character of the naturalization ceremony has changed dramatically over the years, as Monticello has become increasingly sensitized to the role of slavery in the creation of our nation, and to the relationship between Jefferson and his slave, Sally Hemings. Nonetheless, the ideals expressed in the Declaration transcend an American history that was cruel and oppressive at critical times, and they never cease to inspire people without power to seek redress of grievances to create a better system where ever-larger numbers of people can enjoy their “inalienable rights” of “life, liberty, and the pursuit of happiness.”

Pursuit of Happiness

Americans look to the Declaration as a way to measure our success as a nation, as a standard to which we can all aspire. And it is for this reason that the phrase “the pursuit of happiness” should have special meaning for both citizens and their elected representatives. [Read more…]

Turning Thoughts and Prayers into Actions and Laws?
Gun Safety Special Session, plus Redistricting Update

June 19, 2019 by David Toscano

Governor Ralph Northam has shown leadership by calling the General Assembly into Special Session on July 9 to address gun violence in the aftermath of yet another mass shooting – this one in Virginia Beach, which took thirteen lives. The Governor and those of us who support gun safety measures realize the challenges ahead; Republicans, who hold a slim majority in the House and Senate and chair the committees, have been consistently reluctant to discuss measures supported by many Americans to cut down on gun violence and mass shootings.

Immediately after the Governor issued his call, Republican leaders leapt to brand it as “hasty;” in their view, it is never a good time to act against gun violence. Even as the statewide Special Committee on School Safety spent months last year working on many different aspects of safety for our children, the Speaker prohibited us from including gun safety measures in our discussions. In the last General Assembly session, nearly 35 measures were proposed to help combat gun violence and increase gun safety (two by me). The House bills, and the only one that made it through the Senate, were referred to a small House subcommittee controlled by rural conservative Republicans, where they all died. For years, gun safety bills have not been allowed to come to the House floor for a vote. After the Virginia Beach tragedy, many of us hoped that minds will change and that some of these measures can pass. [Read more…]

Toscano Statement To The Virginia House of Delegates

February 23, 2019 by David Toscano

In a morning hour speech on the House Floor on Saturday, February 23, 2019, David J. Toscano, Delegate for the 57th District, announced that he will not be seeking re-election to the House of Delegates this fall.

Toscano will remain active during the remainder of the year, as a legislator and campaigning to elect a Democratic majority in the House of Delegates at the November 2019 general election. He will continue to serve the people of Charlottesville and Albemarle County through the end of his seventh term on December 31, 2019.

Here are his remarks (as prepared for delivery).

Growing up in Syracuse, New York, I never dreamed that I would have a role in politics or ever find my way to Virginia, which I only knew as a place you drove through on the way to Florida, hoping you could escape getting stopped by an overeager sheriff targeting the Yankee driver for an undeserved speeding ticket (talk about stereotypes). For me at the time, it was all about studies, sports, rock and roll, and working in my dad’s tuxedo rental store (yes, it is true that I measured Terry McAuliffe for his high school prom tuxedo).

Then, the sixties happened — and my world (heck, the world) turned upside down. I came of age when race relations, civil rights, and the war in Vietnam occupied center stage. I felt a calling to change the world. Initially, that meant academia and teaching, and then the law. Eventually, I found my way to Charlottesville, my wife’s hometown. I got elected to local office, and after 12 years in local government, won election to this body, the House of Delegates. Between my family and public service in a community that is special in so many ways, I have been (and continue to be) the luckiest guy alive.

I am proud of my contributions over the last 25 years of public service. But there comes a time to write a new chapter. And for me, that time is now. I have decided that I will retire from this office at the end of my term, and therefore will not be seeking reelection this fall. [Read more…]

GA Update Extra: They Had A Chance, And They Blew It

February 21, 2019 by David Toscano

House Republicans Said They’d Vote if ERA Got To The Floor: They Missed Their Chance

Over the last few weeks, we were told on numerous occasions that if a resolution to ratify the Equal Rights Amendment got to the floor of the House of Delegates, a number of Republicans would vote for it, and Virginia would become the state that would add the ERA to the U.S. Constitution. Yesterday, we learned that was wrong.

I offered a floor amendment to a Senate Joint Resolution that, if supported, would place the House on record as ratifying the ERA; it couldn’t get much clearer than that. The resolution addressed equal protection under the law; so did my amendment. My amendment did not seek to change a Rule. It did not request the “discharge” of a committee, a procedural tactic designed to bring the ERA to the floor since it has been bottled up in committee. It was a one paragraph addition to SJR 275 to support the ERA.

The Republican leadership did not even permit me the opportunity to argue in favor of amending the resolution; I was only able to do it after the fact, during a point of personal privilege. Instead, without any debate, the Speaker and the majority leader forced a vote to re-refer the resolution to the House Courts of Justice Committee, which has finished its business for the year. You can see our response to this outrageous exercise of raw political power that denied the right of the majority to actually vote on the ERA here.

Although it was their leadership which engineered a way to duck a vote, each and every Republican supported the motion to re-refer. It would only have taken 2 Republicans voting with the 49 Democrats to keep SJR 275 on the floor, and then we could have voted on the amendment. This was their chance to actually take a vote on ratifying the ERA, and they blew it. I imagine ERA advocates all over Virginia are taking notice of promises made but not honored when the opportunity was presented, and of friends who stood with them when the choice was clear.

Today we will debate the proposed changes to the House of Delegates Rules that would allow the existing ERA ratification resolution to come to the floor for a vote. I hope you will watch our floor session by visiting this link.

Broad Public Support

Pursuit of Happiness

House Republicans Said They’d Vote if ERA Got To The Floor: They Missed Their Chance

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