Many in our region are justifiably concerned about what might happen this weekend, August 11 and 12. The good news is that much has been done during the past year to prepare our city and region for possible disruption. Various court cases have led to consent orders that prohibit most all of the “Unite the Right” groups from returning. The City has denied permits to many groups in hopes of ensuring the safety of our residents. The Virginia State Police have been here for months, helping to organize a unified command to respond to any illegal or violent activities.

The First Amendment guarantees us all the right to assemble, speak our minds, and petition our government. The City of Charlottesville, University of Virginia, Albemarle County, and Governor of Virginia are working very hard to protect these rights while keeping everyone safe.

What You May See, What You May Expect, And How It Will Be Different Than Last Year

• Virginia State Police will be in town beginning on Wednesday; most will be dressed in regular uniform, but some may be dressed in protective gear. No badges will be covered.
• The unified command (city, county, UVA, and state) will conduct a practice “table top” scenario for all of the senior first responders and government actors this week.
• As an additional precaution, state government may issue a “state of emergency” declaration before the weekend—not because violence or disruption is imminent, but so that the unified command will have the legal authority if it becomes needed to mobilize forces more effectively.
• The Virginia National Guard is available, if their help is needed.
• The city’s ordinance prohibiting items that could cause harm in a crowd if used improperly will be robustly enforced for the weekend at any gatherings, and law enforcement officers will be policing violations of law based solely on behavior/action, not on the message(s) being expressed.
• City and State police will enforce the law by making arrests. Safety is important and laws will be enforced to prevent people from being injured.
• Real-time monitoring of activity around the city will occur throughout the weekend.
• Road closures and No-Parking zones will take effect on Friday at 6:00 pm, and continue through Monday at 6:00 am.
• Various city buildings in the downtown area, such as the Transit Center/bus transfer area, will be closed, and other activities have been canceled or moved.
• The city’s special website page #ResilientCville (www.charlottesville.org/resilientcville) and the city’s Twitter account (@cvillecityhall) will be important sources of information this week and this weekend. You may also follow my Twitter feed (@deltoscano), but the city’s online media will have the most updated information.
• The University of Virginia has also set up a dedicated website page for its operations and plans for this weekend.
• Together Cville has created a list of events occurring this week and this weekend and is also sharing event postings on its Facebook page. I will be speaking at the NAACP forum on Sunday afternoon, and plan to attend other events earlier in the day.

The level of preparedness and coordination is much higher than last year. We all have a responsibility to keep calm and report activity that appears suspicious. When in doubt, call 911.

We now have had several weeks to digest the city-initiated 207-page report on the July 8 and August 11-12, 2017, demonstrations in Charlottesville. While there are many nuances in the report of Timothy Heaphy and his team, and various ways by which it may be interpreted, the conclusions are clear — the city and law enforcement failed in two critical areas. First, the city and law enforcement were unable to ensure that citizens’ First Amendment rights of free speech were protected, whether that speech involved the hateful speech of the neo-Nazis and white supremacists, or the speech of counter demonstrators. Second, the city and law enforcement failed to protect citizens from the violent confrontations that occurred on August 11 and 12. Heaphy did a thorough job of reviewing the events, and we need to pay careful attention to it. (more…)

Virginia House of Delegates Democratic Leader’s Legislation Led to UVa Installations

David J. Toscano (D-57), Democratic Leader of the Virginia House of Delegates, today confirmed that he will tour UVa’s Solar Panel installations, the latest of which was celebrated at an event at UVa during a series of Earth Week observations in April.

Toscano has championed solar energy legislation in the Virginia General Assembly every year since his election in 2005.

“UVa and other higher education institutions are helping move us to a future based on renewable energy,” said Toscano. “The Commonwealth can and will be more actively involved in confronting the challenges of climate change and UVa will be essential to this effort.”

A bill sponsored by Toscano that passed the General Assembly in 2011 led to the initial solar panel installations at UVa’s Ruffner Hall and above the University Bookstore. HB 1686 offered special tariffs to facilitate customer-owned distributed solar generation.  UVa used this legislation to further invest in solar panels to produce renewable energy.

Members of the press are invited to join the tour by meeting on June 6th at Clemons Library at 4PM.  Parking instructions can be obtained by calling Jane Dittmar @ 434.220.1660.

David J. Toscano, Delegate from the 57th District (Charlottesville/Albemarle) and the Democratic Leader of the Virginia House of Delegates, today issued the following statement:

The President’s action today is extremely disappointing, but not unexpected. During his campaign, Donald Trump indicated that he would withdraw the United States from the Paris climate agreement, and now he has delivered on that pledge. His action removes this nation from an agreement that has broad-based support in the international community. This will not only have a dramatic impact on our environment and our economy, but will lessen the role of the United States’ leadership in the world. Refusing to confront climate change will not reduce the real threat it poses to our lives and our children’s lives.

“If the federal government will not act, states need to take an even stronger leadership role to combat climate change. Several months ago, I requested an Attorney General’s opinion on how the state could act independently to cut carbon emissions. The opinion clearly states that we have broad authority to do more in our state and to make Virginia a leader in creating a clean energy economy. Today’s decision by the Trump administration only reinforces our commitment to finding ways for Virginia to join with other states to protect our environment and cut the rising carbon emissions that threaten our planet.”

When Washington Defaults, States Really Do Matter

David J. Toscano, delegate from the 57th District (Charlottesville / Albemarle) and the Democratic Leader of the Virginia House of Delegates, today issued the following statement:

“Our Governor clearly recognizes the threat to Virginia imposed by climate change and greenhouse gas emissions, and is attempting to do all that he can within his authority to protect the quality of life and economic wellbeing of Virginians in the face of this challenge,” said Toscano.  “As President Trump undermines the EPA, protective action will increasingly occur in the states, and Virginia should be a leader.”

Toscano recently sought and obtained an opinion by the Attorney General of Virginia, Mark R. Herring, that stated the Virginia State Air Pollution Control Board has the ability, under state law, to regulate carbon pollution and to place a “statewide cap” on greenhouse gas emissions from new and existing fossil fuel electric generating units.

“It is clear that Donald Trump will take us backward on climate protection, and the only chance we have to make our future better is through state initiatives.  I applaud the Governor on his courage to take on a difficult issue and manage it for the public good.”

Bill expanding protection for victims of sexual violence and human trafficking to become law July 1, 2017 (more…)

Delegate David J. Toscano and Senator Creigh Deeds will hold a joint town hall meeting in Charlottesville to share insights from the 2017 General Assembly and provide an opportunity to answer questions, receive comments and listen to concerns from constituents. (more…)

Dittmar Assumes Chief of Staff Position in time for the 2017 General Assembly

CHARLOTTESVILLE, VA – David J. Toscano (D-57), Democratic leader of the Virginia House of Delegates, announced that Jane Dittmar has joined his team as Chief of Staff effective the beginning of the 2017 legislative session. (more…)

House Democratic Leader, David J. Toscano (D-Charlottesville/Albemarle), today announced that a proposed change in state law to address emergencies that prevent citizens attempting to register from doing so in time of emergency. The proposed law would allow the State Board of Elections to extend the registration period for seven days in the event of an emergency.

“Recent events surrounding the hurricane in Florida and the problems with the Virginia online registration website suggest a need for some additional flexibility in extending the deadline for registration in advance of an election,” said Toscano. “Few people deny that citizens who seek to legally register and vote should be permitted to do so. Without a change in state law, the only option in cases of emergency is to file a lawsuit and seek court intervention. That is both inefficient and potentially denies the rights of citizens to exercise the franchise.”

In Florida, the aftermath of Hurricane Matthew made it impossible for some citizens to register within the time period set by state law. Since that state’s law did not permit the extension of the registration period, a lawsuit was filed, which led to the registration period being extended. Last week, hundreds of Virginians attempted to register in Virginia by the deadline, but were prevented from doing so because the registration website either slowed to a point that the registrations were not received by the deadline. A federal court judge, in response to a lawsuit, extended the time period for registration until 11:59 p.m. on Friday, October 21, 2016.

“I know that a number of my colleagues have attempted to blame the Board of Elections for the recent problems in Virginia,” said Mark Sickles (D-Franconia), who is working with Toscano on the legislation. “As leaders and legislators, however, we are in a position to address this problem, both by appropriating the funds to improve our system and by changing the law to make it more flexible. This proposal attempts to do the latter; in the next session, we will also work on the former.”

State law closes registration 21 days in advance of election with no exceptions.

Del. Toscano and Sen. Deeds to co-host constituent town halls to share insights from the 2016 General Assembly

CHARLOTTESVILLE, VA — Delegate David Toscano and Senator Creigh Deeds will co-host two town halls this spring to share with constituents their insights from the 2016 General Assembly and hear concerns from constituents. The first town hall will be held Wednesday, May 11th at Johnson Elementary School, 1645 Cherry Avenue, 5:30-7:30 pm in the auditorium.

“Senator Deeds and I look forward to sharing information on what took place during the 2016 General Assembly,” said Delegate Toscano. “We look forward to hearing from constituents, whether they have questions about what resulted from the 2016 General Assembly, or how we may better serve the citizens of our respective Senate and House districts.”

The second town hall will be held on Wednesday, May 18th at JABA, 674 Hillsdale Drive #9, from 6:30-8:30 pm in the Great Room. A sign up sheet will be available for those individuals who wish to comment or ask questions on a first-come, first-served basis. Individuals will also have the opportunity to submit written comments and questions. Refreshments will be provided.

Senator Creigh Deeds represents the 25th Senate District, which includes the counties of Alleghany, Albemarle (part), Bath, Highland, Nelson, and Rockbridge, and the cities of Buena Vista, Charlottesville, Covington, and Lexington. Creigh serves on the Senate Courts Committee, Senate Privileges and Elections Committee, and Senate Transportation Committee.

Delegate David Toscano represents the 57th House of Delegates District, which includes the City of Charlottesville and part of Albemarle County. Delegate Toscano was first elected by his peers in 2011 to serve as the House Democratic Leader. David is a member of the House Courts of Justice Committee, House Rules Committee, and House Transportation Committee.

For more information please contact:
Carmen Bingham, Office of Delegate David Toscano
(434) 220-1660
carmen@davidtoscano.com

or

Tracy Eppard, Office of Senator Creigh Deeds
(434) 296-5491
district25@senate.virginia.gov

The House of Delegates today approved HR 75, authored by Democratic Leader David J. Toscano (D-57th, Charlottesville-Albemarle), to commemorate the Virginia Statute for Religious Freedom and draw attention to the importance of ensuring the right of religious liberty and the ability of citizens to practice their faiths as they choose in the United States.

Toscano, in discussing the resolution, said “we are finding a resurgence of anti-religious sentiment in the United States today, often targeted toward people from other countries who seek refuge from death and persecution in their home countries. The resolution places the House of Delegates on record as opposing political and religious persecution and bias, celebrating the principles of religious freedom set forth by Thomas Jefferson 230 years ago.”

The Virginia Statute for Religious Freedom is a precursor to the establishment clause and free expression of religion provision of the United States Constitution.

In honor of the 230th anniversary of the passage of the Virginia Statute for Religious Freedom, Democratic Leader David J. Toscano (D-57th, Charlottesville- Albemarle) announced filing a resolution (HR75) to commemorate the statute and draw attention to the importance of ensuring the right of religious liberty and the ability of citizens to practice their faiths as they choose, free of persecution in the United States.

Toscano, in discussing the resolution, said “we are finding a resurgence of anti-religious sentiment in the Unites States today, often targeted toward people from other countries who seek refuge from death and persecution in their home countries. My resolution intends to place the House of Delegates on record as opposing political and religious persecution and bias, and to further celebrate the principles of religious freedom set forth by Thomas Jefferson 230 years ago.”

The Virginia Statute for Religious Freedom is a precursor to the establishment clause and free expression of religious provision of the United States Constitution.

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,

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.

Friends,

I wanted to pass along this article that recently appeared in the Richmond Times-Dispatch.  I think it accurately captures the differing perspectives.  I will continue to work with Leader Saslaw and other Democrats to ensure that the rule of law is applied in a fair and transparent manner in the Commonwealth.

Please do not hesitate to contact me if I may be of assistance.

Sincerely,

David J. Toscano

Democrats urge ‘fair, and open hearings’ on Supreme Court justice

Democratic leaders in the General Assembly have sent a letter to Republican leaders who control the legislature urging “full, fair and open hearings” in the judicial selection process for state’s highest court.  The Aug. 7 letter, sent by Senate Minority Leader Richard L. Saslaw, D-Fairfax, and House Minority Leader David J. Toscano, D-Charlottesville, is one of a series of letters and petitions sent to Republican leaders in support of state Supreme Court Justice Jane Marum Roush.  Governor Terry McAuliffe appointed the former Fairfax County Circuit Court judge last month to fill the Supreme Court vacancy created by the retirement of Justice LeRoy F. Millette, Jr.  Republican leaders have announced that they will support a different candidate — Court of Appeals Judge Rossie D. Alston Jr., — when the legislature reconvenes Monday in a special session to tackle congressional redistricting.

Republicans were angered that the governor did not more extensively collaborate with them on his recess appointment of Roush — a well-regarded judge who presided over the trial of Beltway sniper Lee Boyd Malvo.  Roush had bipartisan backing in Fairfax County.  Her supporters include Del. David B. Albo, R-Fairfax, chairman of the House Courts of Justice Committee.  The governor said the removal of a justice from the court would be unprecedented and termed the GOP plan to replace Roush “a political temper tantrum” that would “kick this woman to the curb who has served with distinction for 23 years.”

As of Monday evening, there appeared to be no movement from House Republicans on their intention to replace Roush with Alston.  “The House position has not changed,” said Matthew Moran, spokesman for House Speaker William J. Howell, R-Stafford. Albo could not be reached for comment.  The Virginia Constitution gives the governor the power to make judicial appointments while the General Assembly is in recess; however, all judicial appointees must be certified by the legislature, and any interim appointments must be approved by the assembly or they expire 30 days after a legislative session convenes.  The legislature could elect Roush to a full, 12-year-term or select another candidate to fill the vacancy.

“The Constitution makes very plain that it is the General Assembly that has this responsibility, not just the Republican caucuses of the House and Senate,” Saslaw and Toscano wrote in the letter sent to the chairmen and membership of the House and Senate Courts of Justice Committees, and to House Speaker William J. Howell, R-Stafford.  The letter urges committee leaders to “convene full, fair and open hearings … to consider the respective qualifications of Justice Roush and the Republican Caucuses’ candidate for election to the Virginia Supreme Court.  This process should be completely open to the public, should offer all committee members a chance to pose question to both Justice Roush and Judge Alston, and should consider public comment from concerned citizens who might want to participate in this decision,” the letter says.

A bipartisan group of more than 100 female attorneys also wrote to Republican leaders of the Virginia General Assembly urging them to not use Roush’s appointment as a “political tool in partisan party politics.”  Roush also received support from the Fairfax Bar Association.  An online petition urging her retention has garnered more than 800 signatures.

With the decision in King v. Burwell, the Supreme Court has further confirmed the constitutionality of the Affordable Care Act (ACA) and allowed to stand the subsidies that have been provided to thousands of Virginians who have signed up for insurance on the federal ACA marketplace. I am very happy for the 286,000 Virginians who would otherwise have lost reasonably-priced insurance and for the many Americans who continue to benefit from provisions of the ACA. In Virginia, though, there is much work that needs to be done. Almost 400,000 of our friends and neighbors would benefit by state expansion of Medicaid. If we expanded, we would also bring Virginians’ tax dollars back to the Commonwealth, where they could be used to create jobs, insure people, and help our hospitals rather than have them sent to places like Connecticut and New York to fund their own expansions. In the next session, we will try again to expand Medicaid. I hope my Republican colleagues will finally conclude it is a good deal for the Commonwealth and their constituents.

CHARLOTTESVILLE – Delegate David J. Toscano announced today that he will seek a sixth term to represent the 57th District in Virginia’s House of Delegates. In a letter to supporters announcing his reelection, Toscano commented on his efforts to represent the values important to the constituents of the district, noting that this seat is a successor seat to the one once held by Thomas Jefferson:

Friends,

I have often heard it said that “Decisions are made by those in the room at the time.”

Your support has allowed me to be “in the room” at the General Assembly for the last ten years. For the last four of those, my position as House Democratic Leader has allowed me the access to fight even more strongly for a progressive agenda to improve our Commonwealth.

During this time, I have been supporting the values of this community, including enhanced funding for education at all levels, initiatives that create jobs and spread economic opportunity throughout the Commonwealth, measures to expand the use of renewable energy and combat the dangers of climate change, efforts to expand Medicaid and to provide access to 400,000 Virginians who do not presently have healthcare coverage, and struggles to protecting the rights of women seeking control of their reproductive healthcare. You can review my record at davidtoscano.com.

I would like a chance to continue this work, and today am announcing my decision to seek another term as your Delegate in the 57th House District. As many of you know, this is the successor seat to the one once held by Thomas Jefferson when he served the Commonwealth in the House of Delegates and I do not take the responsibility of occupying it lightly.

I will continue to work hard to earn your support and vote. I thank you in advance for your support and look forward to working with you in the months and years ahead.

Sincerely,

Since 2006, David Toscano has represented the 57th District, which is compromised of the City of Charlottesville and a portion of Albemarle County. He succeeded Mitch Van Yahres who represented the district from 1981-2005. The seat is a successor seat to the one once held by Thomas Jefferson. Delegate Toscano also serves as House Democratic Leader, a position he has held since elected to by his peers in 2011. Mr. Toscano is an attorney with Buck, Toscano & Tereskerz, Ltd., and lives in Charlottesville with his wife, Nancy Tramontin and their son, Matthew.

Del. Toscano and Sen. Deeds to co-host constituent town halls to share insights from the 2015 General Assembly

CHARLOTTESVILLE, VA — Delegate David Toscano and Senator Creigh Deeds will co-host two town halls this spring to discuss the 2015 General Assembly. The first town hall will be held Tuesday, April 21stat Piedmont Virginia Community College in the auditorium located in the Main Building, Room 229. The meeting will be held from 5:30 p.m. to 7:30 p.m., and there will be a question and answer period for individuals who wish to comment or ask questions. Individuals will also have the opportunity to submit written comments and questions. Visitor Parking is available in Lot 2 (overflow in Lot 3) , with entrance into the Main Building at the South Entrance.

A second town hall will be held on Tuesday, May 5 at the Northside Branch of Jefferson-Madison Regional Library in the main meeting room. For more information you may call Carmen Bingham at 434-220-1660, or email carmen@davidtoscano.com, or Tracy Eppard at 434-296-5491 or email district25@senate.virginia.gov .

April 1, 2015 – Given the interest in the Martese Johnson case, I want to provide you an update of my understanding of its status. Like many of you, I was very disturbed to see the graphic photos and watch the video of this recent incident at the UVa Corner. Many of you have seen my recent statement, and have heard a number of comments I have made about prospective legislation that can remove the ABC agents from enforcing laws that more properly should be province by local law enforcement. Most of you know by now that the actions at the UVa Corner were taken by ABC agents and not by the Charlottesville or University police departments.

Since this incident, several important events have occurred:

1. The Governor immediately called for an investigation and administrative review. An administrative review is conducted by the Commonwealth’s office of Professional Standards. It is my understanding that the same office and the same personnel investigated the Elizabeth Daly incident several years ago.
2. Very significantly, however, the Commonwealth’s Attorney for the City of Charlottesville, Dave Chapman, immediately requested a criminal investigation. That request has been fully supported by the Governor’s office and will be conducted by the State Police Bureau of Criminal Investigations. This is significant because it is a higher level of review than occurred in the Daly case. A Professional Standards administrative review looks at the law enforcement documents as they find them. Very little additional inquiry occurs; rather, the investigation focuses on whether the law enforcement personnel conformed to Professional Standards. A criminal investigation is a much higher level of inquiry and involves interviewing and collecting evidence from a wide variety of sources. This is significant because it is a higher level review than the Daly case, and I think it reflects the sensitivity and concern that many of us have about this incident.
3. Also, unlike the Daly review, the Governor issued an executive order requiring the ABC to review its process, and authorized creation of a group that will determine what, if any, statutory changes need to be made. The Governor’s order requires retraining of ABC officers and the development of memoranda of understanding (MOU) between ABC and local police departments. So far as we know, there is presently no such MOU between the Charlottesville police department and the ABC. We know that some of the Charlottesville police officers knew that the ABC agents were working the Corner that night, but it was an informal notification and one that I do not believe went to the leadership of the police department. The Charlottesville police department does not have “veto power” on whether the ABC can conduct an investigation, and that is certainly one of the issues that would need to be defined in any MOU. Secretary of Public Safety, Brian Moran, is in the process of determining who will be on the review board. There are many persons who have interest in this and it will be a statewide panel. I expect that there will be student representation from UVa on the panel, but we will have to see.
4. I understand that the restaurant involved in this incident has a hearing forthcoming for alleged violations of ABC regulations. That is something worth monitoring.
5. There has been a suggestion that ABC agents be equipped with body cameras. That is an issue that is being discussed by the Commonwealth Preparedness Panel, who will likely report out in the next six months.
6. Martese Johnson appeared in the Charlottesville General District Court on March 26, 2015.   This was a “first appearance” and usually nothing happens on those court dates. It is not uncommon for a trial date to be set the way it was in this case. The trial date has now been set for May 28, 2015, to enable the State Police to complete their criminal investigation in this case. I doubt that any decisions will be made about prosecuting the case until the investigation has been completed.

I have heard many calls to immediately dismiss the charges against Mr. Johnson. While this certainly seems reasonable given what many of us have seen, it is not likely that any decisions will occur in this case until the criminal investigation has been concluded. It is very important for eyewitnesses to come forward with any information that they saw that night or to provide names of people with whom they have come into contact that might have information related to this incident. If they have such information, they can call the Virginia State Police at 804-674-2000.

I will try to keep constituents informed about other developments as they become available to me.

Sincerely,

David Toscano

P.S. In 2014, I introduced HB 922, a bill to prevent ABC agents from using or threatening to use deadly force in the arrest or detention of a person suspected of underage drinking. The bill was tabled on a voice vote by the Committee on General Laws. I expect to introduce legislation this year to again address problems with the ABC.

On March 20, 2015 I was on CNN to talk about the ABC situation and steps the General Assembly should consider to ensure these situations do not happen again.

https://www.cnn.com/videos/us/2015/03/20/tsr-dnt-todd-uva-arrest-controversy.cnn

“I am very concerned about the events that occurred at the UVa Corner in the early morning hours of March 17, 2015. The photos are very disturbing, as are the videos that I have viewed. At this point, it is unclear why the ABC agents took this action against this young man. I fully support the independent investigation that has been initiated by the Governor and the Secretary of Public Safety. The Governor’s office has assured me that this will be conducted and concluded expeditiously.

“All of the information I have to date suggests that these were actions taken by ABC agents and not by the Charlottesville Police Department or UVa Police Department. So far as I know, Charlottesville and Albemarle officers arrived at the scene after the ABC agents made the arrest and were engaged in helping calm the crowd. I know how much attention the leadership of our Charlottesville, Albemarle, and UVa police departments pay to the civil rights of our citizens. The continued overreaction by ABC law enforcement personnel in these cases is key question that requires an answer.

“It is clear, based on the 2013 incident involving ABC actions against a student at the local Harris Teeter as well as from the recent events, that ABC policies, protocols, and training are inappropriate for dealing with these kinds of cases, and state and local leaders must take all efforts to enact reforms to protect the civil rights of our citizens as they enforce the laws of the Commonwealth.

“The young man himself has called for civility and calm, and I agree. But we must remain vigilant in gathering the facts and readdressing the legitimate concerns raised by this incident.”

Delegate David J. Toscano represents the 57th District in Virginia’s House of Delegates, which consists of the City of Charlottesville and parts of Albemarle County.  Since 2012, Delegate Toscano has also served as House Democratic Leader, elected by his fellow Democratic delegate peers.

Delegate David Toscano (D-Charlottesville) announced today that bills designed to encourage greater reporting of sexual assault cleared the General Assembly late Friday, and are now on their way to Governor McAuliffe for his signature. Toscano had offered a reporting measure that was incorporated into HB1930. The legislation was designed after careful consideration with law enforcement officials, university staff, student advocacy groups, and sexual assault survivors, and encourages reporting by creating enhanced collaboration between Virginia’s colleges and universities and law enforcement.

“The passage of this legislation was among my top priorities for the 2015 legislative session,” said Toscano. “This measure, along with two other bills that expand Virginia’s DNA database and require notation on a student’s transcript, arose after tragic events in my district and the nationwide call to take a second look at how sexual assault cases are handled on college campuses. It requires all universities to engage with sexual assault agencies, that certain information be disseminated to all victims, and that reporting to law enforcement will be required if there is a danger to community safety.”

The DNA database bill was passed on February 26th, and expands Virginia’s DNA database to include specific misdemeanor crimes that are common predicators for serious felonies. Virginia already obtains DNA samples from individuals with felony convictions, so this bill only expands upon existing practice.

The transcript notation bill is designed to ensure campus sexual predators cannot easily move from one institution of higher education to another without the new college or university being advised of the student’s misconduct at a previous institution. This legislation specifically addresses the actions of Jesse Matthew, the individual charged in the death and disappearance of Hannah Graham, who had not revealed his history of sexual misconduct when he transferred between two Virginia universities.

Governor McAuliffe has until March 30th to take action on all three of these measures, and it is anticipated he will sign them into law.

RICHMOND – A bill designed to expand the DNA database to include those convicted of major misdemeanor offenses cleared the House of Delegates on Tuesday by a 72-27 vote. The measure, a joint effort by Delegates David J. Toscano (D-57) and Robert B. Bell (R-58) was proposed in response to the Hannah Graham tragedy in Charlottesville late last fall.

“If this bill had been on the books several years ago,” said Toscano, “it is possible that Jesse Matthew may not have met Hannah Graham that night.” The bill will authorize police to take DNA samples of persons convicted of Class I misdemeanors:

• 16.1-253.2  Violation of protective order
• 18.2-60.3    Stalking
• 18.2-60.4    Violation of protective order; penalty
• 18.2-67.4    Sexual battery
• 18.2-67.4:1  Infected sexual battery
• 18.2-67.4:2  Sexual abuse of a child under 15/over 13
• 18.2-67.5     Attempted rape
• 18.2-102      Unauthorized use of an animal, aircraft, vehicle or boat (valued under $200)
• 18.2-121      Entering property for purpose of damaging property
• 18.2-130      Peeping
• 18.2-370.6   Penetration of mouth of child with lascivious intent
• 18.2-387      Indecent exposure
• 18.2-387.1   Obscene sexual display; penalty
• 18.2-479.1   Resisting arrest; fleeing from law enforcement

The DNA collected would be sent to a central criminal database, which can be used to convict assailants of serious crimes and exonerate those who were improperly charged. The list of misdemeanors to which DNA tests would be applied does not include traffic offenses or juvenile offenses.

The bill was the brain child of Albemarle County Sheriff Chip Harding and enjoyed the support of Gil Harrington, the mother of former Virginia Tech student, Morgan Harrington, who was abducted and murdered several years ago. A similar bill proposed by Senator Mark Obenshain (R-26) has cleared the Senate.

This morning I had an op/ed published in the Richmond Times Dispatch on the more than $500 million in tax credits we have sent to the coalfields. Read my op/ed below:

We can’t afford this tax giveaway for the coalfields

Richmond, VA – Today, House Republican members of Subcommittee #1 of the House Committee for Militia, Police, and Public Safety voted to kill legislation carried by Democratic Leader David Toscano (D-57) to provide resources for voluntary background checks to be conducted for sales between individuals at gun shows.

House Bill 2370, which was supported by Governor Terry McAuliffe and Secretary Brian J. Moran, would have state police officers be available to conduct such voluntary background checks, solely at the request of the individual seller — which would help move the Commonwealth towards better public safety through common-sense gun safety reform.

“The Governor and I appreciate Delegate Toscano’s leadership in carrying the voluntary background check bill, and share his disappointment that this common-sense measure failed,” said Secretary of Public Safety and Homeland Security Moran. “It would have provided an avenue for private sellers to conduct a background check prior to selling or transferring a firearm at gun shows. The results from today’s subcommittee meeting will not deter us from continuing to pursue common-sense legislation that enhances public safety throughout the Commonwealth.”

“I am disappointed,” said Democratic Leader Toscano. “This common-sense legislation would have given sellers the right and choice to obtain a background check, ensuring they were not selling their guns to a dangerous individual. Keeping our streets safe is important to building our new Virginia economy. Safe schools, safe streets and safe communities only help to attract businesses to Virginia — making this issue one that should be a top priority for every member of the General Assembly.”

RICHMOND – Delegate David Toscano (D-57) is pleased to announce that the initiative to expand the DNA database has passed its first hurdle by obtaining support from the House Criminal Law Subcommittee. Working closely with Albemarle Sheriff J.E. “Chip” Harding, Toscano introduced HB 1617, which would expand the DNA database by adding several serious Class I misdemeanors to the list of offenses requiring DNA samples to be submitted by convicted offenders. Law enforcement officials believe this to be an effective tool to prevent future tragedies.

Speaking in support of Delegate Toscano’s bill, Sheriff Harding highlighted that “stopping a repeat offender early could prevent them from going on to commit much more heinous crimes.”

“This initiative has the potential to save lives and prevent future tragedies,” said Delegate Toscano. “It enjoys bipartisan support and we hope it will pass.”

The bill moves forward as a joint initiative of Toscano and Delegate Rob Bell (R-58).

FOR IMMEDIATE RELEASE
Contact: Carmen M. Bingham
carmen@davidtoscano.com
Jan. 14, 2015

CHARLOTTESVILLE – Delegate David J. Toscano (D-57th District) filed a bill that would include several serious Class I misdemeanors to the list of offenses requiring a DNA sample to be submitted by an individual once convicted of the offense. Sheriff J.A. “Chip” Harding of Albemarle County has been a strong proponent of increasing the DNA database believing this would provide law enforcement an effective tool to prevent such tragic events as the death of Hannah Graham.

“I believe if law enforcement obtains DNA for serious convicted misdemeanors, we would triple the databank and get people early in their crime careers,” said Sheriff Harding. “Stopping a repeat offender early could prevent them from going on to commit much more heinous crimes.”

“If there is a way we can prevent another tragedy, then we should do it,” said Toscano. “Law enforcement should have every available tool to ensure our families and communities do not become victims of potential repeat offenders.”

House Bill 1617 would add ninety-nine Class I misdemeanors to the list of offenses that require a convicted offender to provide a DNA sample. Among these Class I misdemeanors are assault and battery, criminal trespass, reckless handling of firearms, maiming, killing or poisoning animals, harassment by computer, impersonating a law enforcement officer, identity theft, credit card fraud, DUI, prostitution, abuse and neglect of incapacitated adults, and indecent exposure. Most traffic offenses are excluded, as are offenses committed by juveniles, with the exception of three misdemeanor sex offenses– sexual battery, attempt to commit sexual battery and peeping. The Daily Progress recently reported on Delegate Toscano’s bill. The story can be found here: tinyurl.com/ToscanoDNA

In addition to these bills, Delegate Toscano has introduced HB2139, a bill that requires reporting of felony criminal sexual assaults at institutions of higher education. Another bill directs institutions of higher education to note on the transcript of a student dismissed from their institution for violation of the institution’s sexual misconduct policy.

FOR IMMEDIATE RELEASE
December 13, 2014

CONTACT:
Trent Armitage
(860) 416-3480
trent@vademocrats.org

Richmond, VA – In light of his conviction for Contributing to the Delinquency of a Minor, the House Democratic Caucus calls for the immediate resignation of Delegate Joe Morrissey.  The House of Delegates is the oldest legislative body in the United States of America and should hold its members to the highest standards of ethical conduct.  A conviction arising out of sexual misconduct involving a minor, accompanied by significant active jail time, and legislative service while serving in a jail work release program is not consistent with those standards.

“This is a very troubling case,” said Minority Leader David Toscano, “and disqualifies him from serving in the House.  Our citizens are looking very closely at their legislators and the integrity of the body and his trust with his constituents and his colleagues has been broken.  For the good of the General Assembly and the Commonwealth, he should immediately resign, and we are actively exploring all available options, including removal, if he does not.”

“The House Democratic Caucus believes that Delegate Morrissey should resign immediately so that that the People of the 74thDistrict can be served by a member who can focus on their needs without significant personal distractions,” said Caucus Chairman Scott Surovell.

 

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Paid for and Authorized by the House Democratic Caucus

Virginia House Democrats
1710 East Franklin St
Richmond VA 23223 United States

CHARLOTTESVILLE – Delegate David J. Toscano (D-57th District) today issued a call for a legislative hearing to examine the reporting practices of sexual assault at Virginia universities and colleges in the aftermath of the recent gang rape allegations at University of Virginia in the RollingStone article of November 19, 2014. The call came in a letter addressed to the Chairs of the House and Senate Courts of Justice Committees, Delegate Dave Albo, Senator Tommy Norment, and Senator Mark Obenshain, respectively.

“This is a serious problem at UVA, but it is larger than just one institution,” said Toscano. “We have a special role as legislators to do what we can to attack this problem. We fund public and private institutions of higher education in Virginia, both directly and indirectly through TAG grants. More importantly, it is our children and grandchildren who attend these institutions and who deserve our protection.”

Toscano suggested that the legislative panel hear first from the Governor’s Task Force on Combating Campus Sexual Violence chaired by the Attorney General, and receive information on protocols that colleges and universities have in place to encourage reporting these crimes to law enforcement. Toscano requested the hearings take place during the first week of the 2015 General Assembly, scheduled to convene on January 14, 2015.

A copy of Delegate Toscano’s letter to the chairs is available here.

A copy of Delegate Toscano’s statement of November 21 is available here.

Delegate David J. Toscano represents the 57th District in Virginia’s House of Delegates, which consists of the City of Charlottesville and parts of Albemarle County.  Since 2012, Delegate Toscano has also served as House Democratic Leader, elected by his fellow Democratic delegate peers.

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Contact:  Carmen Bingham, (434) 220-1660, carmen@davidtoscano.com
Office of Delegate David Toscano, 57th District
House Democratic Leader
211 East High Street
Charlottesville, VA 22902

Whatever one thinks about the actions of the former Governor and First Lady, you cannot help but be saddened by what has happened to them and to our Commonwealth. The decision today closes a depressing chapter in Virginia history. The jury carefully considered the evidence and has now spoken. With its verdict, it sends a clear message that public officials are not above the law and that those of us who have the honor to serve have a special responsibility to keep the public trust.

I hope this verdict will improve the prospects of enacting further ethics and campaign finance reform in the Commonwealth.

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

Read the full article in the Roanoke Times

(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.

Charlottesville Delegate David Toscano is putting the heat on the Virginia Tobacco Commission following the sudden resignation of Democratic Virginia Senator Phil Puckett last month.

See NBC 29 for the full story.

A prominent Virginia Democrat is asking for further investigation into the Virginia Tobacco Commission, adding his voice to those calling for more answers following the controversial resignation of a state senator from Southwest Virginia.

Read the full article on TriCities.com

David Toscano spoke about solar energy in Charlottesville and Albemarle County.
 
Read the article on Charlottesville Tomorrow

David Toscano’s article,  “A Virginia Way to Reform Health Care”, appeared in the Roanoke Times on Feb. 16, 2014.

David Toscano appeared on “Inside Scoop Virginia” on February 3, 2014.

The UVA College Republicans and University Democrats held a vigil Thursday, November 21 for Senator Creigh Deeds and his family. Here is my statement:

“On behalf of the Deeds family, I wish to offer their thanks for the outpouring of support, prayers, and concerns during this challenging time. The family wishes to report that Senator Deeds continues to improve day-by-day and intends to resume his role serving his constituents as quickly as he can. The family hopes that citizens will respect their privacy as they grieve the loss of Gus and attempt to recover from the tragedy of Tuesday, November 19.

We join tonight to grieve, to pray, and to rededicate ourselves to helping our families, friends, and neighbors, who experience pain in their lives and who need our support.

We grieve for the family of Gus Deeds – his sisters, Amanda, Susie, and Rebecca; his mother, Pam; and his father, Creigh, and Creigh’s wife, Siobhan. We pray, not only for them, but for Gus, a young man who was like many of you – smart, capable, engaged in life, with so much promise before him. We struggle to comprehend what is impossible to understand. And we search for deeper meaning – for the family and for ourselves.

We pray for the Deeds family, who so dearly loved Gus, and who struggled privately and mightily to help their son and brother in the face of obstacles that ultimately proved insurmountable. We pray that God gives Senator Deeds the strength to recover not just from the physical wounds, but from the pain of this terrible loss.

We hope that the community — local, state, and national — gives the Deeds family the space, respect, and privacy that they need during this difficult time.

This tragedy will be like so many others and become a public issue. I hope we can use it to dedicate ourselves to the task of improving a mental health system that failed this young man at a critical moment and requires careful attention so it will not fail others in the future.There may be a tendency to jump quickly to policy solutions – and those may be necessary. But as we search for ways to improve things, let us remember that this is first and foremost a family tragedy, and let us respect the fact that they need to find their own way – to find their own peace.”

David Toscano, the Democratic House minority leader, says it is clear that McAuliffe won the debate. “The expectations for him were very low, and he really out-performed quite a good deal,” said Toscano.  See the Charlottesville Newsplex website for the full story.

David appeared on Take Action News on Saturday (1/26) to discuss the Virginia Republican Party’s plans to split up Virginia’s electoral votes. You can watch the video here.

David spoke with host Rick Moore on WNRN’s Wake-Up Call on December 16 for a wide-ranging discussion of current political issues.

David’s appeared on “Inside Scoop” to talk about Virginia politics and the 2013 General Assembly session. Complete video is available on YouTube.

• Richmond Times-Dispatch (Feb. 22, 2012): Del. David Toscano, D-Charlottesville, votes with fellow Democrats in attempt to send ultrasound bill back to committee..
• NBC29 (Feb. 3, 2012): “The language in this bill goes too far,” Del. David Toscano, D-Charlottesville.”.
• The Virginian Pilot (Jan. 29, 2012): “Do we have the courage to discontinue an ineffective tax preference? asks Del. David Toscano”.
• Charlottesville Daily Progress (Jan. 17, 2012): “There’s no finer public servant than Del. David Toscano”.
• Washington Post (Jan. 5, 2012): Toscano is among the “Seven Players to Watch in Richmond”