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FOIA Friday: What constitutes public business, Loudoun settlement disclosures – Virginia Mercury

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FOIA Friday: What constitutes public business, Loudoun settlement disclosures – Virginia Mercury


One of the less noticed features of the Virginia Way is the long-running tendency of the commonwealth’s leaders to conduct their decision-making behind closed doors. While the Virginia Freedom of Information Act presumes all government business is by default public and requires officials to justify why exceptions should be made, too many Virginia leaders in practice take the opposite stance, acting as if records are by default private and the public must prove they should be handled otherwise.

In this feature, we aim to highlight the frequency with which officials around Virginia are resisting public access to records on issues large and small — and note instances when the release of information under FOIA gave the public insight into how government bodies are operating. 

General Assembly FOIA bills: Gloss v. Wheeler

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A bill clarifying that three or more members of a public body can be at a meeting together without that event legally being considered a public meeting as long as they don’t “discuss or transact any public business” cleared the Senate General Laws and Technology Committee this week. 

Senate Bill 36 from Sen. Mamie Locke, D-Hampton, was proposed in response to the Supreme Court of Virginia’s ruling last year in Gloss v. Wheeler. In that case, the court found five members of the Prince William Board of Supervisors had violated FOIA by participating in a police citizens’ advisory board meeting about local protests over the killing of George Floyd without complying with public meeting requirements laid out in state law. 

During one meeting of the FOIA Advisory Council in December, Del. Mike Cherry, R-Colonial Heights, said the ruling “has had a chilling effect among many in local government about what they can and can’t do in terms of literally just going to a Christmas party.” 

But while transparency groups say they support clarifying the definition of a public meeting, they have raised concerns that additional language defining public business could have far-reaching effects that could block access to public records. 

The newest version of Locke’s bill would define public business as “activity that a public body has undertaken or proposed to undertake on behalf of the people it represents.” 

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Megan Rhyne, executive director of the Virginia Coalition for Open Government, noted that state law defines public records as various writings and records that are prepared, owned or possessed by a public body or agent “in the transaction of public business.” That could lead to government officials interpreting what records they have to release under FOIA too narrowly, she said, potentially blocking the release of reports or information not yet specifically raised by the public body.

“We really think this is actually a pretty big change,” said Aimee Perron-Seibert, a lobbyist for the Virginia Press Association, during a Jan. 24 hearing. “It’s a big deal to define public business, and we’d rather take some more time to do that.” 

The committee nevertheless passed the bill on a 15-0 vote. It also passed another bill from Sen. Richard Stuart, R-Westmoreland, clarifying that the definition of a public meeting does not apply to local political party meetings.  

“This is an effort to try to allow them to attend their political meeting, whatever party it is, without it being deemed an illegal meeting,” said Stuart Wednesday. 

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General Assembly FOIA bills: Fee reform 

A bill from Sen. Danica Roem, D-Manassas, intended to place a cap on the fees public bodies can charge to fulfill FOIA requests also remains alive, albeit in watered-down form. 

“I have made a world of compromises and concessions on this,” Roem told the General Laws committee Wednesday. 

Roem’s original legislation would have prohibited public bodies from charging people for the first two hours of a records search in response to a FOIA request as long as the requester hadn’t filed more than four records requests during the last 31 days. It also would have capped hourly fees for FOIA responses at $33 per hour unless the public body successfully argued to a court that it needed to charge more. 

After backlash from local government groups, Roem proposed a substitute version that would prohibit bodies from charging a fee to fulfill the first hour of the first FOIA request a person makes every year and increase the cap to $40 per hour, with exceptions. It would also order public bodies to document all requests they receive that take longer than 30 minutes to fulfill and ask the FOIA Council to study whether the parts of the law concerning fees “should be permanently amended to make access to public records easier for requesters.” 

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The bill would have a sunset date of July 1, 2025, a period intended to allow the completion of the study. 

Daily Wire sues Loudoun schools over disclosure of settlement figure

The right-wing media outlet Daily Wire is suing Loudoun County Public Schools over its refusal to disclose how much it paid to settle a case brought by a sexual assault victim at Broad Run High School against the division. 

This October, reporter Luke Rosiak filed a Freedom of Information Act request with Loudoun schools seeking a copy of the contract settling the victim’s claims. According to the Daily Wire’s lawsuit, the division refused to produce the record, which it said was exempt from FOIA because it is an “identifiable student scholastic record,” contains information directly related to a particular student and is “a legal memoranda/work product compiled specifically for use in litigation.” 

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Rosiak then filed another FOIA request seeking “financial records” related to any legal settlement Loudoun schools entered into in 2023. The division said it had “no records that are responsive to” the request. 

The Mercury’s efforts to track FOIA and other transparency cases in Virginia are indebted to the work of the Virginia Coalition for Open Government, a nonprofit alliance dedicated to expanding access to government records, meetings and other state and local proceedings.

Augusta County appealing ruling requiring disclosure of meeting recording

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According to the Augusta Free Press, the Augusta County Board of Supervisors voted 6-1 to appeal a local judge’s recent ruling ordering the board to turn over a recording of a closed session meeting. 

Judge Thomas Wilson IV previously found the board had not been specific enough in its reason for going into a March 20, 2023 closed meeting. Wilson said the personnel matter exemption cited by the board “does not contain the particularity I believe the [FOIA] statute requires.” 

The Free Press is one of the news outlets that has been seeking the recording. 

Spotsylvania School Board places superintendent on leave in closed meeting

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The Free Lance-Star reports that the Spotsylvania County School Board voted in closed session to place controversial Superintendent Mark Taylor on administrative leave.

The vote was taken despite the fact that the Virginia Freedom of Information Act says public bodies can only take action on issues discussed during a closed session once they reconvene in public.  

One board member refused to certify the closed session, saying it had violated FOIA. 

Have you experienced local or state officials denying or delaying your FOIA request? Tell us about it: [email protected]

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Virginia bill targets vape shops that sell to underage buyers – WTOP News

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Virginia bill targets vape shops that sell to underage buyers – WTOP News


Vape shops in Virginia that sell tobacco products to underage buyers could soon face real consequences after years in a legal gray area.

March 27, 2026 | Del. Patrick Hope speaks to WTOP’s Nick Ianelli on new legislation that would shut down vape shops that repeatedly sell products to underage buyers.

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Vape shops in Virginia that sell tobacco products to underage buyers could soon face real consequences after years in a legal gray area.

Del. Patrick Hope of Northern Virginia told WTOP he hears from parents often that their children know which vape shops will sell to them — even though the law prohibits the sale of tobacco or vape products to anyone under 21.

“I’ve heard from parents and I know we’ve seen the proliferation of these vape shops. These liquid nicotine products have flooded our markets in recent years and there hasn’t been sufficient oversight or regulatory measures in place. And oftentimes these products are making their way in the hands of underage buyers,” Hope said.

A new bill passed by the General Assembly would set up an enforcement system targeting vape shops that repeatedly sell to people under 21. Hope said that if those shops continue to break the law, the state will shut them down.

Hope said a major problem has been a lack of information. “We just haven’t known who they are. Last year, we passed a law that required these vape shops to register with the Department of Tax, and only 52 actually sent in their registration.”

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“We believe that there are close to 10,000 vape shops in the state and we want to make sure that we pull them under this regulatory scheme,” Hope added.

The bill directs the Virginia Alcoholic Beverage Control Authority, which already enforces alcohol sales laws, to hire inspectors for vape and tobacco shops. Once the bill is signed, Hope said he expects a quick rollout.

“Typically, bills in the General Assembly go into effect July of the year that they’re passed. We’ll have an educational program for a few months, but I would think that we would be operational probably by October. … I think they’ll be doing underage programs probably within the end of this year,” Hope said.

Hope said the legislation earned broad support in the Virginia General Assembly.

The bill now heads to Spanberger for her signature.

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Thursday, Fairfax County police said a major drug investigation targeted multiple vape shops, including a dozen Tobacco King vape shops, that are accused of selling illegal items, ranging from drugs to synthetic urine, and laundering money.

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State of Virginia takes new focus on clean energy

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State of Virginia takes new focus on clean energy


In light of Virginia Gov. Abigail Spanberger’s new cabinet nomination of Chief Energy Officer Josephus Allmond, 7News sits down with Senior Fellow of Thomas Jefferson Institute for Public Policy, Steve Haner, to explain how new energy policies will be impacting Virginians.

Haner spoke on the new direction Spanberger is taking by appointing Allmond and what it will mean for the Virginia Clean Economy Act, signed in 2020. Haner also expounds on how the administration is opposed to the use of natural gas and coal, and will be pushing for more wind and solar energy.



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How much to become Cinderella? Virginia’s March Madness run fueled in part by Reddit co-founder gift

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How much to become Cinderella? Virginia’s March Madness run fueled in part by Reddit co-founder gift


Fairy tales aren’t real. But if they were, then No. 10 seed Virginia might be the closest thing the women’s NCAA Tournament has to a Cinderella. Playing the role of fairy godmother in this story would be Reddit co-founder, multimillionaire and 2005 Virginia alum Alexis Ohanian.

The Hoos have been the biggest surprise of the postseason — the first team to advance from the play-in round to the Sweet 16, and the only team left standing that was truly a bubble team on Selection Sunday. And yet, here they are, still dancing — with a matchup against No. 3 seed TCU on Saturday — and the prime example of what it looks like to build a program, and build quickly no less, during the NIL era.

Last season, Virginia was on the outside looking in during March Madness, its seventh year in a row without an NCAA Tournament bid. Coach Amaka Agugua-Hamilton was in her third year and slowly rebuilding the program after taking over a five-win program. The Hoos finished 2024-25 with a winning record for the first time in seven years, so there were signs of life, and athletic director Carla Williams was confident in the program’s direction. But in a college sports landscape where college football rules all — and with a Cavaliers football program in the middle of a rebuild as well (the Hoos won their first bowl game since 2018 this past season) — there’s only so much money to go around. Outside investment is key.

In today’s age, programs need catalysts — preferably one with many zeroes at the end. For Virginia women’s basketball, that was Ohanian, who poured lighter fluid all over this program in late 2024 with a “transformational” multiyear gift — per Sportico, it was more than three-quarters of a million dollars every year over the next four years — to the women’s basketball program intended to help “boost recruiting and retention.”

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“It’s time to bring the nation’s best hoops talent to Charlottesville and win some championships in the next four years,” Ohanian said in a statement released by the university after his donation.

Money plays a bigger part than ever in the equation of winning in college sports. Either through revenue sharing or name, image and likeness deals, top talent gets top dollar. With a transfer portal that allows for immediate movement, there’s always another program that might offer more, and that’s not always the driver for player movement, but money is now a necessary factor in college sports.

Last season, in one of the most active transfer portal seasons yet, Virginia retained two of its top three players, Kymora Johnson and Paris Clark, while bringing in four players from the transfer portal who’ve become the top six players in the Hoos’ rotation this season.

“With Alexis, we were just so thankful for him coming in last year and helping us with some of our resources,” Agugua-Hamilton said. “It allowed us to recruit — allowed us to retain and attain. You need that, in this day and age, with the way collegiate athletics is moving. You have to have donors, you have to have support, you have to have financial resources in order to compete.”

Through this season, even with the financial resources boosting the Cavaliers, the benefits weren’t immediately translating onto the floor, ping-ponging between highs and lows before ending the season with a three-game skid.

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Agugua-Hamilton knew progress would be slow. She had taken the UVA job ahead of the 2022-23 season after leading Missouri State to consecutive NCAA Tournaments, including the 2021 Sweet 16.

Many in her circle advised against the job. But Agugua-Hamilton, a Virginia native who grew up during the program’s heyday of Debbie Ryan’s mid-1990s stretch of deep tournament runs — believed in the program’s foundation. Virginia’s athletic director’s background as a college player and coach, as well as its affiliation in the ACC, were other selling points.

But her memories of Dawn Staley carrying the Hoos to Final Fours? Those were ancient history.

“Obviously, I knew it was a rebuild, and I was up for that task,” Agugua-Hamilton said. “I had to rebuild the culture, the players. I had to rebuild the community. There was not a fan base at that point. … We had to rebuild the resources, which we’re still doing. All of that stuff. We were so behind.

“But I never regretted my decision.”

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The uphill battle got steeper as collegiate athletics went from collectives dominating NIL to the NCAA attempting to legislate to Congress’ involvement. Money wasn’t exactly pouring into Virginia women’s basketball’s slow rebuild.

Ryan, who now works in Virginia Athletics fundraising, knew money would be a part of the challenge.

“People aren’t used to giving money to women’s basketball, so a lot of them just don’t,” Ryan said.

Revenue sharing became the law of the land ahead of last season with donor money becoming a secondary source for roster building.

Ohanian had wanted to donate before, he has said, but the university wanted to wait for legislation to pass.

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“As soon as that switch was flipped, and the judges ruled, I called up, I said, ‘Hey, I want to make UVA a contender, let me know what to do,’” he told Front Office Sports.

Virginia coach Amaka Agugua-Hamilton said Alexis Ohanian’s donation has been a game-changer for the program. (Courtesy of UVA Athletics)

After the Hoos’ home opener last season, Ohanian visited the locker room and told the team he planned to invest in them.

“I was just super grateful,” Agugua-Hamilton said. “He didn’t even know me before that. And he’s putting his belief in me to lead this program and also the players that we can recruit. He really believes in his school. He really believes in women’s basketball. So, I just felt honored that he felt that way.”

It wasn’t Ohanian’s first foray into women’s sports investment. He was the lead investor in Angel City FC and he’s a minority owner of Chelsea Women. He launched Athlos, an all-women pro track series and is bringing League One Volleyball to Los Angeles. He’s married to tennis legend Serena Williams, who, he said, actually tried to talk him out of investing in women’s sports because she had seen how broken the industry had been and didn’t think it could change.

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“For decades, people have said to support women’s sports for society, for feminism,” Ohanian said in a recent Sports Illustrated Q&A. “But when you win with capitalism, you just drop the mic.”

Ohanian has been vocal about how these investments are smart financial moves, but his investment in Virginia women’s hoops signals a shift. There is no return on investment for a college basketball team that can be measured in a bottom line on a financial ledger. And Virginia women’s basketball isn’t going to appreciate in the same way professional women’s sports franchises have boomed in recent years.

So, Ohanian’s Virginia investment might not be a win for capitalism. But it’s a win for UVA women’s hoops. It’s not unlike how billionaire Mark Cuban helped transform Indiana football from Big Ten mediocrity into national champs. The Hoosiers committed to the right coach and put up the foundation first, but Cuban’s money helped secure and retain a roster that made Indiana elite. And then, the national title came.

Could that be the next step for Virginia? The Hoos are still dancing, and if they get past TCU on Saturday, they’ll have a date in the Elite Eight, most likely against South Carolina. Staley, who is one of four players who has her jersey retired at Virginia, built South Carolina into a national power during the pre-NIL era but has continued the program’s dominance, and as Agugua-Hamilton and Virginia chase those top-tier programs, they know they have all the pieces in place to do so, including crucially, the financial part.

“There are a lot of factors — having great coaching, coaches that care about the student-athletes and that the student-athletes want to play hard for, along with the resources to build the roster, those things are really important,” Carla Williams said. “Knowing that coach (Tony) Bennett and our men’s program won a national championship in 2019 pre-NIL, knowing that you can do that here at UVA, and understanding that committing to the rev share, committing to NIL, gives our basketball program a chance to compete at the highest level.”

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The Hoos have been given the chance to compete at the highest level. Now, they must prove they can turn that into their own ROI.



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