Virginia Reaches Temporary Agreement to Allow Safe, Regulated Operation of Uber and Lyft

Virginia Department of Motor Vehicles (Photo credit: Wikipedia)

~ Transportation network companies to come into compliance with Virginia law ~

RICHMOND (August 06, 2014) – Governor Terry McAuliffe and Attorney General Mark R. Herring announced today that the Commonwealth of Virginia has reached an agreement with transportation network companies Uber and Lyft that will help ensure the safety of passengers, bring the companies into compliance with Virginia law, provide transparency into their operations, and promote a level playing field for transportation providers. This temporary legal framework, one of the first of its kind in the nation, is the result of extensive discussions between the companies, the Virginia Department of Motor Vehicles, the McAuliffe administration, and Attorney General Herring's office following the issuance of "cease and desist" letters to the companies on June 5.

“In order for Virginia to remain economically competitive, it is important that we welcome innovative companies like Uber and Lyft and provide them with the resources they need to safely and effectively operate in the Commonwealth,” said Governor McAuliffe. “Technology – specifically related to smart phones – continues to advance at a rapid pace, and I am pleased that we were able to work together to find a swift solution that will provide Virginia’s workers, students, and families with more transportation options.”

“I knew there had to be a better way to ensure the safety of Virginia passengers," said Attorney General Herring. "These companies offer services that Virginians want, but it just wasn't acceptable for them to operate without complying with regulations or other measures to help ensure the safety of passengers and motorists. I'm proud that we were able to get folks back to the table and get them talking again, and now we've shown that Virginia can be responsive to innovative businesses while promoting public safety and the rule of law. Because of this cooperation, Virginians are going to have more transportation options that are safer, more transparent, and appropriately regulated.  I hope other states will look to Virginia as a model for how to safely integrate the so-called sharing economy."

"Thanks to the leadership of Governor McAuliffe and Attorney General Herring for putting consumers first and embracing innovation, choice and opportunity," said Justin Kintz, public policy, Uber Technologies, Inc. "We look forward to continuing to work together to create a permanent home for ridesharing, providing residents and visitors with safe, reliable transportation options.”

"Today's agreement allows Lyft to continue providing safe rides and economic opportunity to Virginians as we work with state leaders to secure a permanent future for ridesharing, said Dave Estrada, VP of Government Relations for Lyft. "Virginia has led the way in embracing innovative industries and we applaud Governor McAuliffe and Attorney General Herring for their thoughtful work to reach an agreement that maintains the highest level of public safety while expanding consumer choice. In addition to our involvement in DMV's ongoing study on Transportation Network Companies, we look forward to helping craft new rules for peer-to-peer transportation that increase access to safe, affordable and convenient rides for all Virginia residents."

The Department of Motor Vehicles has informed Uber and Lyft that their applications for transportation broker's licenses and temporary operating authority have been granted, effective immediately, they meet an extensive set of regulations to promote passenger safety, have appropriate insurance, and comply with Virginia law. If at any point either company fails to comply with these terms, DMV can revoke the temporary operating authority.

These conditions include:

·       Extensive background checks of drivers, with immediate disqualifiers including convictions for any felony, fraud, sexual offenses, or violent crimes, or registration as a sex offender.

·       A review of driving history, with disqualification for drivers convicted of three or more moving violations in the last three years, DUI, underage drinking, refusal to submit to a breathalyzer, hit and run, or eluding law-enforcement, or a revocation of a driver's license.

·       Zero tolerance for the use of drugs or alcohol by any drivers, and a suspension pending investigation of any driver accused of violating the zero tolerance policy.

·       Only employing drivers who are properly licensed and over 21, and vehicles that carry a maximum of seven passengers and are properly registered and inspected for safety and emissions, where applicable.

·       Rigorous insurance requirements, including requiring drivers to maintain automobile liability insurance, maintaining on behalf of all drivers an additional $1,000,000 of coverage from the moment a driver accepts a trip request until the passenger leaves the vehicle, and liability insurance for drivers who are logged onto the companies' software but not providing services.

·       Maintaining documentation for each driver of his or her background check, sex offender registry check, driving record, proof of insurance, valid driver's license, Social Security number, vehicle registration, and proof of vehicle safety inspection. Documentation must be available to DMV on demand to investigate any complaints, and must be available for periodic audits to ensure compliance.

·       Paying any previously assessed civil penalties for non-compliance and dropping any appeals, which both companies have already done.

·       Features to help customers identify their driver and vehicle, including from the outside of the vehicle.

·       Drivers notifying the companies of any change in their license status, vehicle registration, insurance, or any arrest for a crime that would disqualify them from being a driver.

·       Rate transparency and documentation.

·       Companies advising drivers of their need to comply with applicable tax laws.

·       Only accepting rides booked through the companies’ mobile device apps, not street hails.

·       Companies maintaining a Virginia transportation broker's license.

Virginia DMV is currently leading a study at the request of the General Assembly to developing a long-term legislative solution that addresses services provided by Uber, Lyft, and similar companies, while also ensuring a level playing field for taxicabs and all other passenger transportation services. The study is scheduled to be completed in time for the 2015 legislative session. This temporary authority agreement can serve as a foundation for potential legislation and will also provide valuable data on the operations of these companies as legislation is crafted.

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Governor McAuliffe Statement on Ruling in Bostic v. Rainey Case

English: Protesters for gay marriage (Photo credit: Wikipedia)

Governor Terry McAuliffe released the following statement in response to the Fourth U.S. Circuit Court of Appeals’ ruling in Bostic v. Rainey striking down Virginia’s ban on gay marriage:

“I am overjoyed by the news that, as a result of today’s ruling, Virginia will become a state where two people who love each other can get married regardless of their sexual orientation. This is a historic ruling for our Commonwealth, and its effect will affirm once again that Virginia is a state that is open and welcoming to all.

“I want to thank Attorney General Mark Herring for his leadership in this case, and all of the men and women who fought for years to make this day a reality. Progress does not always come as quickly as we hope it will, but today is yet another example of how justice, equality and the people who fight for those values will always persevere in the end.” 

Our Notes:  If you have never read a history book that explains how great civilizations were torn down and destroyed, you do not have to, it's being played out right in front of your eyes right now.

Governor McAuliffe Statement on Virginia Opportunity Educational Institution Ruling

. (Photo credit: Wikipedia)

Governor Terry McAuliffe released the following statement regarding the Norfolk Circuit Court’s ruling of the Virginia Opportunity Educational Institution (OEI) as unconstitutional:

“After carefully evaluating the Norfolk Circuit Court’s ruling, my administration has decided not to appeal the court’s decision. Two attorneys general and our own analysis support the Circuit Court’s reasoning on the legal issues at stake. The Constitution of Virginia clearly gives the primary responsibility for educating Virginia children to local school boards across the Commonwealth, while assigning the task of overseeing those efforts to the Virginia Board of Education and the Superintendent of Public Instruction.

“Unfortunately, the statute that established the OEI altered these relationships in significant and unconstitutional ways. There is no question that we must work together to ensure that every single Virginia student has access to a world class education in a public school, and I am confident there is a better way forward. I have asked Secretary of Education Anne Holton to preside over the coalition of government, nonprofit and private sector leaders who have a stake in improving Virginia’s underperforming schools so that we can better prepare all of our students to compete in a global economy.

“Despite our decision, I am grateful to the proponents of OEI for the constructive debate this legislation has initiated. It has helped us all focus on the importance of closing the achievement gap and paving the way for success and achievement in and out of the classroom. We can, we must, and we will do better for Virginia’s students.”

Governor Mcauliffe Statement on In-State Tuition for Virginia DREAMers

U.S. Department of Homeland Security Official Seal Websafe Colors (Photo credit: Wikipedia)

Governor Terry McAuliffe released the following statement today following Attorney General Mark Herring’s announcement that Virginia law makes students with Deferred Action for Childhood Arrival (DACA) status, otherwise known as DREAMers, eligible for in-state tuition at Virginia public community colleges and universities:

“As I said throughout my campaign, I believe that Virginia children who were brought here at a young age, grew up here, and have stayed out of trouble, should absolutely have access to the same educational opportunities as everyone else. To grow a 21^st Century economy, Virginia needs to be open and welcoming to all who call our Commonwealth home, and I am encouraged to see progress being made in this area during my administration.

“I fully support the Attorney General’s opinion that those students who have been approved by the U.S. Department of Homeland Security under the Deferred Action for Childhood Arrivals qualify for in-state tuition, and I am committed to ensuring that this becomes a reality during my administration. I will work diligently with SCHEV, VCCS, and college and university presidents to further review this policy and make sure that all Virginia students have access to our quality education system.”

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Why did the Attorney General change the Commonwealth's legal position in Bostic v. Rainey?

 (Photo credit: Wikipedia)

After a thorough and comprehensive legal analysis of precedents and recent court rulings, Attorney General Herring has determined that Virginia's ban on marriage for same-sex couples is unconstitutional because it improperly denies the fundamental right to marry, which is guaranteed by the U.S. Constitution, to thousands of Virginians on the basis of their sexual orientation. The Supreme Court has consistently said that marriage is a fundamental right that the government cannot limit without a very strong reason. Because there is no sufficiently strong reason to  deny same-sex couples the right to marry, Attorney General Herring has concluded the Supreme Court would strike down Virginia's ban if it were presented with the case. For these reasons, he has notified the federal court deciding Bostic that he is changing Virginia's legal position to reflect his determination that the state's marriage ban is unconstitutional.

What are the legal precedents that led to this decision?

There is considerable Supreme Court precedent stating that marriage is a fundamental right guaranteed by the U.S. Constitution and rulings stating that the federal government cannot discriminate against same-sex couples. There are also rulings from other federal courts striking down similar same-sex-marriage bans in other states.

• First, the Supreme Court’s 2013 decision in United States v. Windsor struck down section 3 of the federal Defense of Marriage Act.  Justice Kennedy’s opinion for the Court made clear that the Due Process Clause in the Fourteenth Amendment to the U.S. Constitution is violated by laws treating same-sex married couples as second-class citizens.  Justice Scalia’s dissent also made clear that the Court’s rationale would justify invalidating State bans on same-sex marriage.  I agree with that assessment.
• Second, the Supreme Court’s 2003 decision in Lawrence v. Texas made clear that laws criminalizing homosexual conduct were unconstitutional, regardless of how such activity may traditionally have been viewed.  Justice Scalia predicted then that the decision would justify invalidating laws that ban same-sex marriage.
• Finally, the Supreme Court has repeatedly held that the right to marriage -- not a particular kind of marriage -- is fundamental:  


• In Loving v. Virginia, the Supreme Court upheld the right to marriage, not the right to interracial marriage.
• In Turner v. Safley, the Supreme Court upheld the right to marriage, not the right to prisoner inmate marriage.
• In Zablocki v. Redhail, the Supreme Court upheld the right to marriage, not the right of people owing child support to marry.

As a fundamental right, the right to marriage cannot be denied unless (among other things) limiting that right serves a compelling State interest.  The reasons offered in support of Virginia’s same-sex-marriage ban do not meet even the most deferential legal standard of review, let alone this heightened scrutiny. 

Based on these precedents, among others, the Attorney General has concluded that if the Supreme Court were to be presented with the facts of this case, it follows that it would again uphold the right to marry and find the exercise of that fundamental right may not be denied to these loving couples based solely on their sexual orientation.   The two federal courts that have most recently considered this issue agreed, striking down the bans on same-sex-marriage in Utah and Oklahoma.

Is the Attorney General within his power to change the state's position?

Yes. The Attorney General is the sole person empowered to present the Commonwealth's position in legal matters and it is up to him or her to determine that position through rigorous legal analysis.

Doesn't the Attorney General have to defend the state's laws?

The Attorney General has a duty to support laws that are constitutional, and has just as strong a duty not to defend laws that he has concluded after careful and thorough analysis are unconstitutional. The Attorney General swears an oath to support the United States Constitution and the Constitution of Virginia. When a state law or part of the Virginia Constitution is in conflict with the United States Constitution, as Attorney General Herring has concluded in this case, the United States Constitution prevails because it is the supreme law of the land.

Furthermore, the Attorney General's primary client is the people of Virginia, not just state agencies. When the constitutional rights of the people of Virginia are being violated, he has a duty to protect their interests.

Have other attorneys general done things like this before?

Yes. There is precedent for an attorney general  or executive branch official refusing to defend a law that he or she has determined is unconstitutional.

• Former Attorney General Ken Cuccinelli declined to defend the Opportunity Educational Institution, often referred to as Virginia's "school takeover bill," last year.
• Former Attorney General Jerry Kilgore joined with 43 other State attorneys general in 2003 to argue that an attorney general is properly carrying out his constitutional duties when he seeks to invalidate a State law that he believes, in his independent judgment, to be unconstitutional.  In that brief, Kilgore and the other attorneys general  say that when the  Attorney General believes a state law "violates the constitution, he has a paramount obligation to defend the constitution he is sworn to uphold.”
• Former Attorney General Kilgore also declined to defend a federal constitutional challenge to a provision in Virginia's constitution that prohibited the incorporation of churches and religious denominations.  That provision was struck down in the 2002 case Falwell v. Miller.
• Justice Antonin Scalia has stated that the President can resist unconstitutional laws, saying an executive has the power “to disregard them when they are unconstitutional.”
• In 1989, then-acting Solicitor General John Roberts, now Chief Justice of the United States Supreme Court, filed a friend-of-the-court brief declaring that the United States considered a particular law to be unconstitutional.
• In a 1976 election-law case, then-Solicitor General Robert Bork filed two contradictory briefs, one which defended the law at issue, and another, on behalf of the Attorney General and the United States, which provided a counterargument to help the Court resolve the First Amendment questions presented.

Does this mean Virginia's same-sex marriage ban is over?
No. Virginia's ban on same-sex marriage will continue to be enforced until and unless a court or the legislature acts to end its enforcement . The State Registrar of Vital Records will continue to enforce the ban, and clerks are not legally permitted to issue marriage certificates to same-sex couples.

Does this mean the case is over?

No. Before announcing the Commonwealth's change in legal position, Attorney General Herring took steps to ensure the case could continue and the court could hear both sides of the issue.  The Circuit Court Clerks for the City of Norfolk and Prince William County remain defendants.  Lawyers for both clerks will provide a full and capable defense for the ban in court.

Does this mean Virginia's marriage ban will be undefended in court?

No. The Circuit Court Clerks of Norfolk and Prince William County are both represented by able lawyers who will make their best possible case for the marriage ban's legality. They also have a brief filed by previous Attorney General Ken Cuccinelli to assist them in their defense of the ban.

Why didn't the Attorney General appoint special counsel to defend the ban?

Special counsel is not necessary in this case because there are still two other parties  in the case, the Circuit Court Clerks for the City of Norfolk and Prince William County, who are vigorously defending the ban's legality.

Is Attorney General Herring just doing this because he thinks same-sex couples should be able to marry?

Attorney General Herring's decision to oppose Virginia's marriage ban is based on his legal analysis of the facts in this case and relevant court rulings, especially those in recent years that address this specific issue.

Our Notes:  Did these people ever hear of God's Law? Demoralization of the population.  It has nothing to do with rights from what we see.

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Governor McAuliffe Statement on 33rd Senate District Election Results

Virginia General Assembly (Photo credit: Wikipedia)

Virginia Governor Terry McAuliffe released the following statement on the results of the 33rd Senate District election:

"I'd like to congratulate Jennifer Wexton on her victory in the 33rd Senate District election, and I look forward to working with her and the entire General Assembly to find common ground on issues that will grow Virginia's economy and create more opportunities for all Virginians.

"I would also like to thank John Whitbeck and Delegate Joe May for participating in this process and for putting their ideas forth before Virginia voters. I am glad that we now have filled the seat vacated by Attorney General Mark Herring and am confident that we can come together to make Virginia a better place to live, work, and raise a family."

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Governor McDonnell Sets Date for Special Election in Virginia Senate District 33

Governor of Virginia Bob McDonnell speaking at CPAC. Please attribute to Gage Skidmore if used elsewhere. (Photo credit: Wikipedia)

RICHMOND - Governor Bob McDonnell has set January 21st, 2014 as the date for the special election to fill the seat of Senator Mark Herring, who was elected attorney general and is resigning from the Senate effective January 11th.

“Mark Herring has served the 33rd District well, and I wish him the very best as he now serves our entire Commonwealth as Virginia’s next attorney general," said Governor McDonnell. “With Mark’s victory in that race confirmed, and his letter of resignation received by our office, I have now set the date of January 21st for the special election to fill his soon to be vacant seat. We are seeking to move as expeditiously as possible to ensure the voters of the 33rd District have the representation they deserve, while also allowing the candidates a fair amount of time, during a busy holiday season, to communicate with those voters so they have the information necessary to make their decision next month.”

Should the parties or prospective candidates have any questions about the upcoming special election in the 33^rd Senate District, they should contact the Virginia State Board of Elections at 1-800-552-9745 and ask for “Special Election Information.”

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Virginia Ken Cuccinelli's Conflict of Interest Concerns

Ken Cuccinelli (R) (Photo credit: Wikipedia)

As Attorney General, Ken Cuccinelli is responsible for providing advice to the state Board of Elections on legal issues relating to campaigns and elections — including his own campaign for governor.

That means he's responsible for issuing legal opinions about the implementation of voting and election laws, and will be the Board's go-to lawyer if there are any problems or irregularities on Election Day!

If Ken Cuccinelli wants to resolve this stunning conflict of interest, he should recuse himself and his office from election matters immediately.


Ken Cuccinelli isn't the first Attorney General to run for governor of Virginia. But he did break a long-standing bipartisan tradition by flat out refusing to step down during the campaign.

In recent history, former attorneys generals have resigned because of the time commitments of a gubernatorial campaign (when Governor McDonnell stepped aside, he said a campaign "preclude[s] you from working full-time as attorney general") and because of the inevitable conflicts of interest that arise for any attorney general who is also a candidate for governor.

Earlier this month, the Daily Press Editorial Board called on Cuccinelli to step aside, explaining, "if a Democratic campaign needs clarification on a legal matter, it must seek guidance from an office headed by the Republican candidate for governor. And if questions arise for the GOP, the attorney general's office cannot be expected to give counsel to a ticket headed by its own boss."

From the Terry McAuliffe camp.  Sent via email to us.  It's about time that his staff actually sent something worth looking at and reporting and even better yet, without asking for money as well.  And this time we have to admit, it looks like he's right.  There is a very real potential for a conflict of interest here that is not in the least bit fair.  Now we will not try and pretend that we like McAuliffe, we don't.  But this is inexcusable by the Cuccinelli Camp and of very serious concern.  Cuccinelli either needs to step down from his position as Attorney General or leave the race.  

A very black eye for the Cuccinelli camp.

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Gloucester, VA - Cuccinelli Rules Conflict Of Interest. Complaints Of Party Politics Unwarranted - Gloucester Next?

Ken Cuccinelli (R) (Photo credit: Wikipedia)

If you missed the article in the Daily Press on Sunday, Attorney General Ken Cuccinelli ruled against both the Mayor and the deputy mayor of Hampton on being on dual public boards.  In the state of Virginia, it is forbidden.

  The really nasty part of the article is the complaints coming from Hampton officials charging Cuccinelli of playing party politics. Like it's some sort of democratic vs republican fight.  It's very simple and very clear, it's against the law.  It has nothing to do with party politics.  These officials got off easy.  They should have been investigated for potential criminal activity and charged with any findings.  Being told that they must get off the board without going through any investigation was an easy sentence.

Then the city officials have a meeting to see who's brother or sister they can appoint to the positions on the board of trustees at Fort Monroe right after being told they are out.  What a joke.  It has to make you sick that these corrupt officials are continuing to play the same game anyway.

  We have the same exact issue here in Gloucester.  Louise Theberge is representing two public offices.  She is the chairperson for the Gloucester County Board of Supervisors and on the board of the Gloucester Main Street Preservation Trust.

http://mspt.org/about.html  Is the link to the above page.  On that page you will see that the trust also manages the Gloucester Main Street shopping center.  The shopping center is a tax paying entity to Gloucester County.  With Louise Theberge on the board of both entities, the issues of conflicts of interest are very real.  In fact let's examine one.

This is a photo of the signboard for the Gloucester Main Street Shopping Center.  Managed by the Gloucester Main Street Preservation Trust.

This is a very recent photo of Edge Hill Shopping Center.  Edge Hill had to install this island because of new ordinances that require locations with new permits to come into compliance with Gloucester's beautification initiatives.

Exactly where are the islands for the Gloucester Main Street Shopping Center?  They too have had new permits for offices at this location.  Why is it they have not had to install islands here?  Is it because the Gloucester Main Street Preservation Trust is exempt from the same local ordinances?

If the Gloucester Main Street Preservation Trust is exempt from the same laws everyone else has to follow, how is that?  With Louise Theberge being on both boards, a serious conflict of interest could very well be at play.

Kudos to Ken Cuccinelli on his recent decision.  Now maybe he can do the same for Gloucester.

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