An open letter to State Governors & Legislatures (Va. only)
Support Virginia Legislation Creating State-Level Civil Rights Enforcement
57 so far! Help us get to 100 signers!
I am writing to urge you to introduce or support legislation in Virginia modeled after California Senate Bill 747, the No Kings Act, which creates a state-level mechanism for enforcing federal constitutional rights. This bill would provide Virginians with an independent avenue to seek redress for constitutional violations without relying solely on federal courts.
California's SB 747, introduced by Senators Wiener and Wahab with bipartisan support from 22 Democratic sponsors, adds Section 53.8 to the state's Civil Code. The legislation establishes that any person who, under color of law, deprives a California citizen of rights secured by the U.S. Constitution shall be liable to the injured party in civil action. This creates a state equivalent to 42 U.S.C. Section 1983, the federal civil rights statute, ensuring that constitutional protections remain enforceable regardless of changes in federal law interpretation or access to federal courts.
The bill includes carefully balanced provisions that protect both plaintiffs and defendants. It allows defendants to assert absolute or qualified immunity defenses to the same extent as in federal Section 1983 cases, maintains sovereign immunity protections, and includes special provisions for judicial officers. Courts may award prevailing plaintiffs reasonable attorney's fees and costs, and actions must be commenced within two years of the violation.
Virginia needs similar legislation to safeguard our residents' constitutional rights. By establishing state-level enforcement mechanisms, we ensure that Virginians can vindicate their federal constitutional rights in state courts, providing an essential backup to federal remedies. This approach respects federalism while strengthening individual liberty protections.
I respectfully request that you introduce or cosponsor legislation mirroring California's SB 747 to create this critical state-level civil rights enforcement tool for Virginia. Our Commonwealth should lead in protecting constitutional rights for all residents.