The attorneys general in D.C., Maryland and Virginia are suing Uber, accusing the rideshare app of having a “deceptive” subscription service, Uber One.
All three attorneys general in the D.C. region are suing Uber, accusing the rideshare app of taking advantage of consumers through its “deceptive” subscription service, Uber One.
Nineteen states, including Virginia, Maryland and D.C., filed a joint lawsuit with the Federal Trade Commission against Uber on Monday. The complaint says Uber didn’t follow through on advertised savings, charged consumers during their free trial periods, and signed up users for Uber One without their consent.
The lawsuit comes after the FTC sued Uber in April 2025 for its subscription service. This new amended complaint requests penalties for the app’s alleged violation of the Restore Online Shoppers’ Confidence Act, which ensures that consumers fully understand the terms of a subscription service before signing up.
The new coalition allows the 21 states and D.C. to seek restitution for these alleged violations.
The lawsuit says Uber not only charged people for subscriptions that they never signed up for, but didn’t deliver on promised savings supposedly included in the subscription. The FTC said in a news release that users have reported they didn’t receive $0 delivery fees and $25 in monthly savings, two key discounts Uber One advertises.
Another major complaint is that Uber One allegedly signed up and charged consumers for the subscription service without their knowledge.
D.C. Attorney General Brian Schwalb said these subscription violations are unacceptable, especially given the high cost of living.
“No one should ever be stuck paying for a subscription they do not want,” Schwab said in a news release. “We are joining this lawsuit to stop Uber’s deceptive and illegal conduct and to ensure that the more than 100,000 DC residents who are paying for Uber One subscriptions have an easy way to cancel if they no longer wish to use the service.”
Uber One offers a free trial, which the court filing claimed was breached. Maryland Attorney General Anthony Brown said many users were charged for Uber One before their trial ended.
“Free trials should actually be free — not traps that lock Marylanders into unwanted monthly charges,” Brown said in a news release.
The lawsuit also says Uber made it extremely difficult to cancel Uber One subscriptions, stating that consumers had to go through 12 actions and seven different screens. Virginia Attorney General Jason Miyares said these steps trapped consumers.
“Deceptive enrollment and billing practices have no place in the marketplace,” Miyares said in a news release.
In addition to D.C, Virginia and Maryland, the other states on the lawsuit are Alabama, Arizona, California, Connecticut, Illinois, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, West Virginia and Wisconsin.
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The Virginia Supreme Court has refused to take up a case that suspended multiple appointees by Gov. Glenn Youngkin from serving on three Virginia university governing boards.
This article was reprinted with permission from Virginia Mercury.
The Virginia Supreme Court has refused to take up a case that suspended multiple appointees by Gov. Glenn Youngkin from serving on three Virginia university governing boards.
Virginia Attorney General Jason Miyares appealed to the court after the Fairfax County Circuit Court suspended eight governing board appointments from serving at George Mason University, Virginia Military Institute and the University of Virginia. The 15-member Senate Committee on Privileges and Elections rejected 22 appointments in the past year and the issue has been one of several that rocked Virginia’s higher education landscape in 2025.
The court heard arguments from the attorney general’s office, representing the three governing board rectors, asking for a temporary injunction be lifted in order for appointees to serve less than three weeks ago. Attorneys representing the nine Democratic state senators who requested the temporary injunction also made arguments asking for the lower court’s order to be upheld.
In its order on Monday, the high court said the case must be allowed to continue and that it will not review the temporary decision, but the rectors can appeal the overall final outcome later.
Senate Majority Leader Scott Surovell, D-Fairfax, posted on social media that the Supreme Court of Virginia “affirmed the Senate P&E Committees authority to reject gubernatorial nominations because MAGA rules don’t work in Virginia where we still have a rule of law that Youngkin and Miyares have to follow.”
In Virginia, when the governor nominates a candidate to a board or commission to a seat, they need the General Assembly’s approval. During each legislative session, it is common practice for the General Assembly to vote on the list of gubernatorial candidates in both chambers.
However, senators rejected the appointees outside of the regular session, a move they said would protect Virginia’s institutions of higher learning from partisan attacks but that Youngkin and Miyares said flouted the law.
The attorney general’s office did not immediately comment or respond to what its next step will be following the Supreme Court’s decision.
The attorney general’s office had previously argued that the circuit court’s decision was incorrect, asserting that the court lacked jurisdiction and that the vote by the senate committee did not meet the requirement for a final refusal because there were other ways for appointments to be confirmed.
However, the senators, some of whom serve on the committee, argued that said the committee’s decision to block the board nominees was a “definitive” refusal.
No trial date has been set yet in Fairfax County. It’s uncertain when the case will continue, as Youngkin’s administration prepares to transition out of power and with Gov.-elect Abigail Spanberger’s team being sworn in mid-January.
The Mercury contacted Attorney General-elect Jay Jones for comment on if his office would continue to pursue the case once he is in office, but has not received a response.
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Virginia Mercury is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Samantha Willis for questions: info@virginiamercury.com.
RICHMOND, Va. (AP) — As the polls closed on Tuesday across Virginia, it quickly became clear it was a night of firsts: Voters overwhelmingly elected a slate of candidates who broke race and gender barriers in contests considered among the most consequential nationally.
Republicans in Virginia also fielded a historically diverse statewide ticket that would have set records.
The results come as President Donald Trump has made his opposition to diversity initiatives a cornerstone of his platform, dismantling federal civil rights programs that sought to rectify a complicated history of racial discrimination. He has justified those moves by saying that race and gender equity programs overcorrect for past wrongs and foment anti-American sentiment — a position shared among many conservatives across the country.
Still, Virginia’s election results — in tandem with high-profile Democratic victories across the U.S. — call into question whether Trump’s staunch positions on race, gender and gender identity are resonating with voters.
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Democrat Abigail Spanberger won the Virginia governor’s race Tuesday, giving Democrats a key victory heading into the 2026 midterm elections and making history as the first woman ever to lead the Commonwealth. Her victory was decisive, with about 57% of the vote.
The race was bound to make history regardless of who came out on top: Spanberger was running against Republican Lt. Gov. Winsome Earle-Sears, marking the first time two women were the front-runners in a general election for governor.
In her acceptance speech, Spanberger recalled how her husband said to their three daughters, “Your mom is going to be the governor of Virginia.”
“And I can guarantee you those words have never been spoken in Virginia, ever before,” she said, beaming.
Spanberger said her victory meant Virginians were choosing “pragmatism over partisanship” and “leadership that will focus on problem solving and not stoking division.”
First Muslim woman elected statewide
Democrat Ghazala Hashmi defeated Republican John Reid in the race for lieutenant governor, becoming the first Indian American woman to win statewide office in Virginia. She is also the first Muslim woman to be elected statewide in the U.S.
Firsts are not new to Hashmi. She was the first Muslim woman elected to the Virginia Senate five years ago. Hashmi, a former English professor born in India, said at the time that her opposition to Trump’s Muslim ban motivated her to break into politics.
This time around, her campaign for lieutenant governor focused less on her identity and more on key issues, such as health and education. Still, some said her identity was a prominent factor in the race. Reid recently took to social media to tie Hashmi to Zohran Mamdani, the first Muslim elected mayor of New York City, despite marked differences in their platforms, nationalities and ages — a comparison critics said was Islamophobic.
Like the governor’s race, the battle for lieutenant governor would have been historic either way: Reid was the first openly gay man nominated to statewide office in Virginia, and he faced hurdles on the trail in connection to his sexuality. GOP Gov. Glenn Youngkin asked him to leave the ticket after opposition research linked him to a social media account with sexually explicit photos of men. At the time, Reid said he felt betrayed.
In her victory speech, Hashmi said her candidacy reflected progress in the state and nation.
“My own journey — from a young child landing at the airport in Savannah, Georgia, to now being elected as the first Muslim woman to achieve statewide office in Virginia and in the entire country — is only possible because of the depth and breadth of opportunities made available in this country and in this commonwealth.”
Son of civil rights pioneers to be attorney general
Democrat Jay Jones defeated Republican incumbent Attorney General Jason Miyares, becoming the first Black person elected as top prosecutor in the former capital of the Confederacy.
Jones, a former Virginia delegate, comes from a long line of racial-justice trailblazers — a fact he emphasized throughout his campaign and after his victory.
“My ancestors were slaves. My grandfather was a civil rights pioneer who braved Jim Crow,” Jones said Tuesday. “My mother, my uncles, my aunts endured segregation, all so that I could stand before you today.”
That said, Jones’ victory is as much a referendum on dissatisfaction with the government shutdown and Trump’s mass firings, which have hit Virginia especially hard due to its high concentration of federal workers.
Ever since Democrat Jimmy Carter won the White House in 1976, every time a new president has been elected, Virginia has voted in a governor the following year from the opposite party.
Jones’ win comes after Miyares, elected in 2021, became the first Latino to hold a Virginia statewide office.
Election Day has brought two major victories for Democrats in Virginia’s statewide races.
Stay with WTOP on air, online and on our news app for team coverage, live results and analyses of election night in Virginia. Listen live.
Abigail Spanberger has won a historic election to become Virginia’s first female governor and led a Democratic sweep of statewide races in an pivotal election ahead of the 2026 midterm elections.
Down ballot, Democrat Jay Jones won the attorney general race and Democratic state Sen. Ghazala Hashmi won the lieutenant governor race.
The candidates’ wins dashed Republican hopes of maintaining power in all three top offices, currently led by Gov. Glenn Youngkin alongside Attorney General Jason Miyares and Lt. Gov. Winsome Earle-Sears, who both lost their campaigns.
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Spanberger, a former congresswoman, won 57.5% of the vote and Earle-Sears fell behind with 42.3%, according to The Associated Press with 97% of votes counted as of 12:50 a.m.
In the lieutenant governor race, Hashmi walked away with 55.6% of the vote, while Republican radio host John Reid fell behind with 44.1%, The Associated Press reported at 12:55 a.m. with 97% of votes counted. Hashmi will succeed Earle-Sears as the new lieutenant governor.
Jones’ victory squashed Miyares’ bid for a second term as Virginia’s top prosecutor.
The Democratic challenger prevailed over the incumbent despite controversy surrounding resurfaced text messages referencing political violence. Jones pulled ahead winning 53.1% of the vote while Miyares earned 46.5%, The Associated Press reported at 12:55 a.m. with 97% of votes counted.
The results also mark a major victory for Democrats in an election that both parties have viewed as a bellwether for the midterm elections in 2026.
Virginia’s election is also treated by analysts as a measure of voter attitudes amid a lengthy government shutdown during President Donald Trump’s second term in office.
Outside the statewide races, all 100 seats in Virginia’s House of Delegates were up for grabs Tuesday. Democrats are projected to maintain their majority in the lower chamber.
A moderate approach wins a high-stakes governor’s race
The governor’s race was called in favor of Spanberger about one hour after polls closed.
Spanberger delivered a victory speech in Richmond on Tuesday night, touching on topics such as education, abortion rights and the federal workforce.
“We sent a message to every corner of the commonwealth, a message to our neighbors and our fellow Americans across the country,” Spanberger told a crowd of supporters. “We sent a message to the whole world that in 2025, Virginia chose pragmatism over partisanship. We chose our commonwealth over chaos.”
Supporters at the celebration in the state’s capital shared their excitement with WTOP’s Scott Gelman.
“This is history, the first woman governor in Virginia, and the right person to do the job,” said Monica Lucus, of Richmond. “I think it’s time for a change, and this is a burst of energy that the country needs, not just Virginia but the country.”
After losing the governor’s race, Earle-Sears said she left a voicemail for Spanberger to wish her success.
“I asked her to support policies that will unite us, that will not divide us, that will strengthen our families and keep us safe, and that if I can ever be of help doing that, I’m here,” Earle-Sears said at her campaign headquarters in Stafford County.
Spanberger had also far outraised her Republican opponent, bringing in more than $65 million compared to Earle-Sears’ $35 million, according to recent campaign finance reports shared by the Virginia Public Access Project.
Though the election guaranteed to name the state’s first woman as governor, neither candidate made the race’s historic nature a focal point of their campaigns, instead focusing on topics such as the economy.
Spanberger, a former CIA case officer and member of Congress, had said the election is about the struggles of everyday voters, including those impacted by cuts to the federal workforce or tariffs. She took a more moderate approach and avoided talking about Trump.
Earle-Sears drew attention to transgender students in public schools and reducing the cost of living. Before taking office as lieutenant governor, Earle-Sears served in the U.S. Marine Corps and in the Virginia House of Delegates during the early 2000s.
Attorney general race stirs up old texts
Jones thanked Miyares for his service as attorney general and praised his supporters.
“To the folks who stood by us every single step of the way, labor. We love you,” Jones said during a speech in Richmond. “The weight of that trust is not lost on me at all, nor is the history that led us to this moment right here. My ancestors were slaves. My grandfather was a civil rights pioneer who braved Jim Crow. My father, my mother, my uncles, my aunts endured segregation all so that I could stand here before you today.”
In the final weeks before Election Day, the attorney general race spotlighted old text messages sent by Jones that showed he fantasized about political violence toward a former colleague.
Jones has apologized for those texts, but they sparked pushback from the GOP nationwide, and Republicans called for the Democratic nominee to drop out of the race.
During the candidates’ debate, Jones attempted to refocus the race on Trump and said Miyares couldn’t push back on overreach from the White House.
Miyares had argued that Jones is unqualified and pressed him on the text messages.
But during a speech Tuesday night, he wished Jones the best and reflected on his time as attorney general.
“The attorney general’s office we inherited was weak and a soft office focused more on politics, but we made it focused on where the victims should always come first, where crime fighting was our number one priority, and public safety was the objective,” Miyares said of his time in office.
Lieutenant governor’s race makes history
Hashmi will take over the lieutenant governor position from Earle-Sears, who opted against running for reelection and instead campaigned for governor.
Hashmi is the first Indian American to win statewide office in Virginia. She will also be the country’s first Muslim woman in statewide office.
“I know that many of us feel as though the nation is in the midst of challenges that are much deeper and more intense than those we have faced before, and that it will take us generations to repair,” Hashmi told a crowd in Richmond. “But let us not forget that the challenges we endure today are not entirely new, and they can be navigated.”
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Voters cast ballots in high-stakes election in Virginia
Before being elected to the Virginia General Assembly, Hashmi was an academic administrator. She has pushed for issues such as reproductive health care, gun violence protection and the economy.
Polls had leaned in favor of Hashmi, with a slight lead of around two points over Reid in recent weeks. Both candidates are based out of the Richmond area.
Reid has also spotlighted the economy in his campaign, along with law enforcement, parental rights and immigration enforcement.
Early in his career, Reid worked as an intern for President Ronald Reagan. He has served as chief communications officer for Iraq and Afghanistan Veterans of America, a veterans organization, according to his website.
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Virginia could end up with Republican and Democratic leaders in top offices. Attorney General Jason Miyares says should that happen, he will seek “common ground.”
Democrat Abigail Spanberger holds a commanding lead over Republican Winsome Earle-Sears in Virginia’s governor’s race, and Democratic candidate Ghazala Hashmi has a slight edge over Republican John Reid for lieutenant governor.
But, Democratic challenger Jay Jones trails incumbent Attorney General Jason Miyares by a lot, according to recent polls, setting up the commonwealth for a split administration.
Miyares told WTOP’s Nick Iannelli that should that happen, he “would seek common ground.”
“Anybody who’s followed my career dating back to the General Assembly, I never got up and gave these crazy partisan speeches attacking people. I’m a firm believer — No. 1, stability is not weakness. That is one of my guide posts in my life,” Miyares said. “No. 2, your safety is my mission, Virginia, so I would seek common ground.”
Ticket splitting in Virginia used to be more common, but it’s been 20 years since voters elected a slate of three statewide officials from different parties, Virginia Mercury reported.
A survey conducted by Roanoke College from Oct. 22 to Oct. 27, found Spanberger ahead of Earle-Sears, the current lieutenant governor, by 10% among likely voters. Hashmi has a 2% lead over Reid, and Miyares leads by 8% over Jones.
Miyares said he heard from a Northern Virginia mother who said she was voting a straight Democratic ticket except for the office of attorney general.
Miyares said he’s looking forward to working with the General Assembly, as well as the governor, regardless of which party takes control of the legislative body or who lands in the governor’s mansion.
Listen to a portion of Miyares’ interview below.
Virginia Attorney General Jason Miyares says he will seek ‘common ground’ in the event of a split ticket
WTOP’s Nick Iannelli contributed to this report.
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Virginia Republican Attorney General Jason Miyares and Democratic challenger Jay Jones squabbled over a host of lawyerly issues on Thursday in their first and only debate: criminal prosecutions, consumer protection and unlawful discrimination. But one matter overshadowed it all: Jones’ leaked text messages endorsing political violence toward a former colleague.
RICHMOND, Va. (AP) — Virginia Republican Attorney General Jason Miyares and Democratic challenger Jay Jones squabbled over a host of lawyerly issues on Thursday in their first and only debate: criminal prosecutions, consumer protection and unlawful discrimination. But one matter overshadowed it all: Jones’ leaked text messages endorsing political violence toward a former colleague.
Miyares, the Republican incumbent running for reelection, pushed hard against Jones for suggesting to a Republican delegate in 2022 text messages that former Virginia Republican House Speaker Todd Gilbert should get “two bullets to the head.”
Referencing a quote from President Abraham Lincoln, Miyares started the debate by saying: “Character is what you do in the dark when no one is watching. But now we know what he (Jones) was doing in the dark.”
Jones apologized for his words from the start.
“Let me be very clear,” he said. “I am ashamed, I am embarrassed and I’m sorry.”
Still, the Democrat rebuffed Miyares by noting that violent rhetoric can be heard on both sides of the aisle, and that President Donald Trump has been known to use extreme language at times.
“What about when Donald Trump used incendiary language to incite a riot to try to overturn an election here in this country?” Jones said, adding, “You haven’t said a word. I’ve taken accountability for my mistakes. It’s time you take accountability, too.”
The race for attorney general of Virginia has emerged as one of the most competitive statewide contests in this year’s election, with members of both parties taking an interest in the down-ballot race. Straight-ticket voting is not an option in Virginia, which requires voters to choose candidates in each statewide contest.
While Republican Winsome Earle-Sears has faced setbacks in her race for governor, as has John Reid, the GOP lieutenant governor nominee, the attorney general’s race remains fiercely competitive. Last week, it spilled over into the governor’s race when former U.S. Rep. Abigail Spanberger, the Democratic nominee for governor, refused to say during a debate whether she still supported Jones’ candidacy, suggesting it was up to the voters to decide.
Jones and Miyares tangled over the violent text message for much of the debate. The way Miyares told it, Jones’ texts about shooting a prominent Republican disqualified him from the race to be Virginia’s lead prosecutor.
Jones, in turn, spent much of his time arguing that Miyares lacked the nerve to sue the White House if the Trump administration overreached.
“Jason hangs out with Donald Trump at MAGA rallies,” Jones said. “I will see Jason Miyares and Donald Trump in court as your next attorney general.”
The candidates tackled other legal matters likely to involve the attorney general’s office, including the enforcement of Virginia’s clean energy law and the scope of Virginia’s Human Rights Act, a state law prohibiting discrimination.
Miyares and Jones also exchanged jabs on which candidate would do a better job of keeping Virginians safe. Miyares argued that Jones lacked the experience to hold criminals to account, citing a story by The Richmond Times-Dispatch of a Virginia state trooper clocking Jones speeding 116 miles per hour.
Jones, for his part, touted his record serving as a delegate in the Virginia House, where he said he supported legislation cracking down on sex offenders and human trafficking. He also referenced his experience going after ghost gun manufacturers while working in the attorney general’s office for the District of Columbia.
At one point, a moderator from the Virginia State Bar asked the candidates how they viewed the attorney general’s office — as a political or legal one.
“It’s clearly a legal one, and that’s exactly why we have to hold the president accountable, go after Donald Trump and the bad actions of this administration,” Jones eagerly responded.
Miyares side-stepped the question, saying it’s an office there to protect Virginians.
“Jay Jones wants fights in Washington,” he said. “He’s running for the wrong office.”
___
Olivia Diaz is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
The two candidates for Virginia attorney general, Republican incumbent Jason Miyares and his Democratic challenger Jay Jones, squared off Thursday night in their first and only debate before Election Day on Nov. 4.
The debate took place at University of Richmond, and came just two weeks after text messages sent by Jones three years ago that show him fantasizing about shooting a Republican Virginia lawmaker were made public.
Days after Virginia Attorney General Candidate Jay Jones apologized for violent text messages he sent in 2022, some Fairfax County voters said they’re standing by him, while others maintain it’s influenced their choice.
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Are Virginia attorney general candidate Jay Jones’ old texts having an impact on voters’ decisions?
Days after Virginia Attorney General Candidate Jay Jones apologized for violent text messages he sent in 2022, some Fairfax County voters said they’re standing by him, while others say it has influenced their choice.
In the messages, which recently resurfaced, Jones described a hypothetical scenario in which he would kill then-Virginia House Speaker Todd Gilbert. They were sent to Republican House of Delegates candidate Carrie Coyner in 2022.
Jones recently issued an apology, but Republicans, including President Donald Trump, have called for him to exit the race. Jones is facing Republican incumbent Attorney General Jason Miyares on the ballot.
“Extremely disappointing,” Debbie Lansford said before voting Wednesday at the Fairfax County Government Center. “What people will say in private indicates a lot about who they are. So unfortunate for Jay Jones.”
Lansford said she’s an independent voter, and thought news of the old messages would impact her vote.
Donelle Sawyer, meanwhile, said, “I need to know more about it. That’s what I feel like I need to do.”
In many cases, voters said Wednesday that news of the violent texts didn’t change their approach at the ballot box.
“It gave me pause when I came here to vote today,” Emily Gross said, though she ultimately said the messages didn’t impact her vote.
Peter Anderson said the messages are private, and “it is a factor in my decision, but not the determinative factor.” Instead, he said he focused on the policies each candidate supports.
On social media, Trump called Jones a “radical left lunatic” and called for him to drop out of the race “immediately.”
Jeffrey Switzer, who said he wasn’t going to vote for Jones before the messages resurfaced, said he “can’t believe the guy that wants to be the top cop in Virginia wants to kill his opponents and his opponents’ children. It was a crazy, crazy statement.”
Christine Watson said she voted for Democrats “straight down the line” because “there have been so many horrible things that has happened, that the Republicans have said. What he said was terrible, but our country is heading in a very bad direction. I’m overlooking it for this time.”
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In a WTOP exclusive, former Loudoun County Public Schools spokesman Wayde Byard is finally speaking on his own behalf, ahead of the release of his book “The Battle for Loudoun County.”
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Former Loudoun Co. schools spokesman Wayde Byard on indictment, culture wars
He spent 20 years as the spokesman for Loudoun County Public Schools and then found himself at the center of a national controversy — and a felony perjury trial — over the school system’s handling of two sexual assaults by the same student. Now, Wayde Byard, who was acquitted last year in his criminal trial, is finally speaking on his own behalf.
Byard’s perjury case was the sole felony count handed up from an eight-monthslong special grand jury probe commissioned by Attorney General Jason Miyares at the request of Republican Gov. Glenn Youngkin. Byard was found not guilty by a Loudoun County jury in June 2023.
“I wanted people to know that a public school system would not cover up a rape or hide student misconduct or not cooperate with law enforcement,” said Byard.
In his book, Byard describes Loudoun County as “the wealthiest, most-educated locality in America. It’s diverse. It’s home to cutting-edge technology. It boasts one of the most-honored school systems in the country.”
He also said it’s home to “bigotry and cultural stupidity on an epic scale.”
“Loudoun is a template for how the Radical Right wants to reshape American politics, using a reasonable façade to push policies that were considered regressive a half-century ago,” he writes.
While the school system’s transgender policy would become the focus of much of the ensuing controversy, Byard said an earlier turning point came in June 2021 when then-Superintendent Scott Ziegler presented “Promise and Progress: Report on Equity 2021” to a work session of the school board. While no members of the media were present, this was the first time an LCPS superintendent highlighted the fact that white students were outnumbered in the school system.
“I think you can tap into people who are nervous about a school division or community going majority minority. There’s a lot of fears there — people think ‘I’ve lost my community,’” Byard opined.
Byard blamed what he calls “social media conspiracy theories” that exploited some honest mistakes made by the school system.
“That’s what people really want to think, is that somehow this big organization with 15,000 people, has this gigantic conspiracy going to poison the minds of the young,” said Byard. “And nothing could be further from the truth.”
The incident
In 2021, Loudoun County became the epicenter of a controversy that played out in the state governor’s race and even on a national level about how the school system handled two sexual assaults done by the same student — the first one in late May of that year in a bathroom at Stone Bridge High School.
The attack came at a time when the school system was considering a policy change to allow transgender students to use the restroom of their choice, and the perpetrator was wearing a skirt (or kilt) at the time.
Shortly afterward, the school board approved the policy allowing transgender students to use bathrooms corresponding to their gender identity.
Byard said local news organizations were willing participants in drawing outsized attention to future school board meetings.
“The news directors would say, ‘OK, Loudoun is the hot spot, so we’ve got to have a crew there,” said Byard. “What made Loudoun special is we had some political performance artists, some of whom came in from Fairfax and Prince William (counties), who wanted to make YouTube videos.”
Byard said mostly outside agitators were adept at getting attention: “They knew the news story would become ‘Parents go crazy at school board meeting, film at 11.’ And here’s a teaser, somebody shouting into a microphone, usually with a couple of bleeps.”
The controversy only grew when the male student was transferred to another high school, Broad Run High School, and sexually assaulted another student inside a classroom in October of 2021.
The boy was found responsible for both assaults, and sentenced to a residential treatment facility until he turned 18. In November 2023, when he turned 18, he was released.
In retrospect, Byard believes the aftermath of the sexual assaults was exacerbated, “because the adults in the room did not get together and communicate,” referring to the school system, the sheriff’s office, the commonwealth’s attorney’s office and juvenile services.
“I think, probably, the boy should have been in an alternative placement, but we didn’t know all the facts. We didn’t know a lot of the facts until two days before things got started, at which time we were at warp speed trying to get the school year started, and things got lost,” said Byard.
A report commissioned by the school system and later ordered released by a judge faulted the school system for not carrying out its own investigation and threat assessment of the student, instead relying on the sheriff’s office. The school board said at the time of the report’s release last September that it has taken “significant actions,” including policy changes since the 2021 assaults.
Indicted
During the 2021 governor election, Republican candidate Glenn Youngkin campaigned on a “parents first” platform — and won. The day he was sworn in, he issued an executive order authorizing an investigation into Loudoun County schools, saying, “School administrators withheld key details and knowingly lied to parents about the assaults.”
Newly elected Attorney General Jason Miyares added, “Loudoun County Public Schools covered up a sexual assault on school grounds for political gain.”
Asked about those statements, which implied premeditation and intent on the part of the school system, Byard said, “I think they’re false.”
“First of all, the student pleaded guilty before the governor was elected. Sentence was imposed before he was inaugurated. The system worked — albeit very imperfectly, the system worked,” he said.
The special grand jury empaneled by Miyares’ office worked for months, seeking to clarify who knew what, and when. Byard testified before the grand jury twice.
Ultimately, in December 2022, Byard was indicted on a felony perjury charge and former superintendent Ziegler was indicted on three misdemeanors. Ziegler, who was fired after the release of the special grand jury report, was convicted last September of a retaliatory firing of a teacher unrelated to the 2021 sexual assaults. However, the conviction was later thrown out and he is set to be retried next year. (Ziegler was acquitted on a second charge, and a third count was dropped.)
Byard recalls the moment in December 2022 when he was told by the school division’s attorney that he and the superintendent had been indicted and Byard was being suspended without pay.
“I was marched out of the building, in a friendly way,” Byard said. “We’d decided that if the building was staked out (by reporters), we didn’t want a perp walk. They took me out to my car. The personnel head was in tears, as she asked for my parking pass. And, I learned what the feeling of being alone was, at that moment.”
Shortly before trial, Byard and his attorney, Jennifer Leffler, were offered a plea bargain. “In my case, they said, we’ll do a misdemeanor of making a false statement, $100 fine, but we’re gonna wait two years to sentence you.”
The pair thought they had a solid defense, so rejected the offer. The case went ahead.
The trial
According to Byard, “My name was barely mentioned during my trial. I felt like a spectator at my own trial — they were trying the school division, through me, as a surrogate.”
When jurors got the case, they only deliberated a short while before informing Circuit Court Judge Douglas Fleming that they had reached a verdict.
“We were confident. I think when they came back in an hour, we felt we’d probably won because if they really had to agonize over the decision, we wouldn’t have gotten a verdict that quickly. I later found out that basically the trial was over after the first day — they did not follow the opening arguments,” made by prosecutors for Attorney General Miyares’ office.
When the court clerk unfolded the paper upon which the jury foreman wrote the verdict, it read “Not guilty.”
“You are free to go, sir,” said Judge Fleming after the verdict was read in court.
With his legal troubles behind him, a meeting was held with the school system’s interim superintendent, chief human resources officer and director of strategic communications, where the group decided Byard would no longer be the voice or face of LCPS.
“It was actually a relief. At that point, I couldn’t see going back out there because I’d be a distraction. If I were there for the opening of school, they’d say, ‘Well, fresh off his perjury trial, here he is,” he laughed.
The group agreed Byard would concentrate on writing projects until his retirement, in December 2023.
Today, after the national scrutiny, the political posturing and the claim that the Loudoun County Public School system was in crisis, what does Byard think is really important to the parents of Loudoun County school students.
“Safety is number one. Two, that my child is successful, that they get a diploma, that they have life skills, that they have a career path,” Byard said. “We did surveys, and 87% of the population is very pleased with the school division.”
At the height of tensions during school board meetings, Byard said the chief of staff asked him to compile how many people participated in school board meetings.
“We had about 40 regulars and 20 part-timers. So, we had 60 people out of a population of 400,000 that were very agitated, very angry, but were not representative of the population as a whole,” said Byard. “It’s a very small minority that’s vocal, and creates this illusion.”
Virginia’s attorney general has advised officials from the state’s retirement system against making investment decisions that prioritize environmental issues, social issues and corporate governance, according to a nonbinding legal analysis released Friday.
Virginia’s attorney general has advised officials from the state’s retirement system against making investment decisions that prioritize environmental issues, social issues and corporate governance, according to a nonbinding legal analysis released Friday.
Jason Miyares, a Republican who serves as Virginia’s top prosecutor, said in an advisory opinion that the board of trustees for the Virginia Retirement System should instead make investments “based on securing the best financial results for VRS beneficiaries.” The retirement system’s members include state employees, public school teachers and employees of political subdivisions, such as counties, towns and cities.
“Investments must be driven by careful, calculated financial foresight, not clouded by unfounded ESG fads,” Miyares said in a statement. “This Opinion firmly reinforces the Virginia Retirement System’s responsibility and legal obligation to make objective investment decisions free from the sway of social or political agendas. Secure futures require sound economics.”
Miyares’ advisory opinion, written at the request of Republican Del. Nick Freitas, comes after some state pension programs have opted to prioritize environmental, social and corporate governance policies when making investments, also known as ESG investing.
Virginia Sowers, a retirement system spokesperson, said in an email that the retirement system does not have a policy to prioritize such investments.
“To meet its fiduciary duty, VRS carefully analyzes economic factors and assesses monetary risk to achieve the highest level of return for a given level of risk over the long term,” Sowers said. “This analysis does not include reviewing investments through a ‘social screen,’ nor does VRS deploy dedicated ESG funds in its retirement plans.”
States such as Illinois and Maryland are required to consider sustainability and climate risks in their asset-related decisions. In Maine, the state’s pension fund is required to divest from fossil fuels by 2026, according to a policy passed in 2021.
Other states such as Florida, Indiana and Kansas, among others, created legislation against ESG investing.
In Virginia, legislators considered a 2022 bill requiring the retirement system to divest from fossil fuels, though it did not become law. Another 2023 bill that would restrict investments based on environmental and political factors did not pass.
Friday’s release was Miyares’ 10th opinion memo in 2024. Opinions by the attorney general give legal advice but are not binding on the courts.
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Olivia Diaz is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
Miyares has challenged several rules, including the U.S. Environmental Protection Agency’s regulations for tractor trailer and passenger vehicle tailpipes, power plants and meat and poultry processors.
This article was reprinted with permission from Virginia Mercury.
Virginia Attorney General Jason Miyares speaks during an interview at the Office of the Attorney General in Richmond, Va., Tuesday, May 9, 2023. (AP Photo/Ryan M. Kelly)(AP/Ryan M. Kelly)
Virginia Attorney General Jason Miyares speaks during an interview at the Office of the Attorney General in Richmond, Va., Tuesday, May 9, 2023. (AP Photo/Ryan M. Kelly)(AP/Ryan M. Kelly)
Joining 23 conservative-led states’ efforts, Virginia Attorney General Jason Miyares has signed on to legal challenges to new federal rules designed to advance emission reductions and address what scientists say is causing extreme weather events.
The crux of Miyares’ arguments in all of the legal challenges to the new emissions rules has been to combat what his office characterized as federal government overreach, which spokesperson Chloe Smith said is “a core function of state attorney general offices.”
Though Virginia follows the tailpipe emissions for passenger vehicles set by California, the different federal rules would have a “nationwide effect, including in Virginia,” on American power grids, the supply chain and consumer demand, Smith said.
President Joe Biden’s administration has rolled out the various rules as part of his agenda that has included record amounts of funding for renewable energy deployment through the Inflation Reduction Act and environmental improvement projects through the Bipartisan Infrastructure Law. The new emissions standards — and Miyares’ actions concerning them — have met with mixed reactions in Virginia from environmental groups, the trucking industry and electric utilities.
Heavy truck rule
The latest suit over the heavy truck rule is one that could apply to Virginia, since the state defaults to following the federal government for those tailpipe emissions standards while following California’s passenger car emissions rules.
Because of smog issues California faced, that state was granted an exception to the Clean Air Act to enforce stricter tailpipe emission regulations. No other state uses that exception, which prevents car manufacturers from having to make more than two different types of vehicles to meet additional standards.
Though not as stringent as California, the federal passenger car emissions rules are said to lead to greater public adoption of electric vehicles, which the federal heavy truck mirrors.
Evening traffic on Interstate 95 through Richmond. (Wyatt Gordon)
The Southern Environmental Law Center and other groups have been lauding the work from Biden — though they’d like to see previously drafted and more stringent rules around tractor trailers, or heavy trucks, get adopted — while expressing disappointment in Miyares’ actions.
“It’s very disappointing that the attorney general has joined [challenges to the rules], which will have an outsized impact on climate pollution that are not only harming the earth but also our health,” said Trip Pollard, a senior attorney with the SELC. “I can’t say I’m too surprised.”
Pollard, a leading backer of reducing car emissions, stands by the heavy truck rule because those pollutants from the transportation sector are the state and country’s largest source of greenhouse emissions that are warming the planet, leading to more frequent and severe flooding and fire events.
“There absolutely are legitimate concerns and we just need to be sure to address those concerns,” Pollard said, referencing failed attempts this past session to build out EV charging infrastructure in rural areas.
Conversely, the Virginia Trucking Association has said the new federal heavy truck rules are “unrealistic,” because of the cost to implement the changes and charging demands they say are put on truckers, and support Miyares’ pushback against them.
“We certainly appreciate their effort to stop this rule,” said Dale Bennett, president & CEO of the Virginia Trucking Association. “Let’s take a look at trying to get something that’s realistic and technology neutral.”
Bennett and the trucking industry’s opposition stems from the increased cost the rules will put on the industry that will trickle down to consumers, Bennett said, and could even lead to trucking companies buying vehicles now before needing to buy 2027 to 2032 model year trucks that will need to comply with the federal rules.
“Operationally how do you operate them if there’s no charging infrastructure?” Bennett said.
Virginia is home to a Volvo plant in Dublin that has committed to fossil fuel-free vehicles. There’s also Mack Trucks, which recently expanded in Roanoke County.
“The Volvo Group is completely aligned with EPA’s objective of speeding the transition to zero-emission vehicles (ZEVs),” said Jonathan Miller, senior vice president of public affairs for Volvo Group North America, in a statement. “Customers won’t buy ZEVs unless they’re confident they have access to charging, which neither [manufacturers] nor EPA can guarantee.”
Miller said the EPA’s new rules are “more realistic than what was originally proposed and support the agency’s pledge to consider further adjustments if necessary.”
As less than half of American respondents said in a recent Gallup poll they would purchase an electric vehicle, passenger vehicle manufacturer Ford said it is scaling back its commitments to transition fleets to electric vehicles amid sale concerns. The car maker, which recently began an ad campaign promoting options to buy gas, electric and hybrid vehicles, still filed a brief in support of the new passenger car tailpipe emissions because of the “regulatory stability” it provides.
“Even more important than the power our customers choose, is what they choose to do with that power,” said Lisa Materazzo, Ford global chief marketing officer, in a statement on its ad campaign promoting choice.
Power plant rule
The EPA’s power plant rule has a similar intent of weaning the country’s electric grid off of fossil fuel-emitting generation sources, but the VCEA directly governing the state’s grid has already set up Virginia to get there.
The new federal rule, according to the Associated Press, would create standards that require existing coal plants operating beyond 2032 to capture 90% of their emissions, or close before then. Future coal or natural gas plants would need to meet that carbon capture rate, too.
“By developing these standards in a clear, transparent, inclusive manner, EPA is cutting pollution while ensuring that power companies can make smart investments and continue to deliver reliable electricity for all Americans,” said EPA Administrator Michael S. Regan in a statement.
The rules for the coal plants could come into play for the Clover Power Station that is co-owned by Old Dominion Electric Cooperative, the electricity supplier for the state’s more rural electric cooperatives, and Dominion Energy, Virginia’s largest utility. Under the VCEA, the Clover plant is mandated to close by 2045, unless there’s a reliability concern.
Dominion’s Chesterfield Power Station, once the largest fossil-fuel powered plant in Virginia. (NBC 12)
If it were to stay open up until then, it would need to adopt the carbon capture technology the federal rules are requiring that industry associations are challenging because of sequestration measures being in its nascent stage. Otherwise, the 880 megawatts of electricity Clover produces, as well as several other coal plants that are already cited to come offline, would need to close, creating a reliability concern amid unprecedented energy demand.
Despite generating less and less of its potential electricity, the full output of the plant may be needed as part of a “capacity obligation” with the regional grid operator, PJM Interconnection, to supply electricity at the highest peak the grid could face at anypoint.
But whereas the tailpipe emission rules may have a more stark division between support and opposition, the power plant rules don’t have a clear for and against delineation.
“We support EPA’s authority to regulate greenhouse gas emissions under the Clean Air Act, as well as the agency’s efforts to provide paths to additional carbon reductions and cleaner resources,” said the Edison Electric Institute, the trade association for investor-owned public utilities like Dominion Energy and Appalachian Power Company, in a statement. “At the same time, we are seeking judicial review of the agency’s determination that carbon capture and storage (CCS) should be the basis for compliance with other portions of the [federal] rules.”
Old Dominion Electric Cooperative’s Kirk Johnson said in a statement: “EPA’s regulation relies on the use of carbon capture technology that is not currently commercially available, despite the Clean Air Act’s requirement that regulatory standards be achievable and based on available technologies,” Without carbon capture technology, Johnson said, “the rule will require power plants to close prematurely during a time when we expect to see unprecedented growth in the need for electricity.”
Because of the recent unveiling of the rules and ongoing litigation, Dominion spokesperson Aaron Ruby said the utility “will need time to evaluate how they might impact our existing fleet or new power stations,” which includes a natural gas plant being proposed in Chesterfield.
Teresa Hall, a spokeswoman for Appalachian Power Company, Virginia’s second largest utility that also serves West Virginia, also said carbon capture and storage is “not a viable or proven technology that can be deployed on a large scale within the timeframes required by the rule.”
Appalachian Power falls under the parent company American Electric Power, which also includes Wheeling and Kingsport power companies and had 63% and 19% of its electricity generation come from coal and natural gas, respectively, in 2023.
But Virginia has already charted itself toward an electric grid less dependent on fossil fuel through VCEA, and through the state’s previous participation in the Regional Greenhouse Initiative that required electricity producers, including utilities, to purchase allowances to emit carbon, said Walton Shepherd, Virginia Policy Director for the Natural Resources Defense Council,
“We’re already on a path to compliance,” said Shepherd, adding that technologies like battery storage are increasingly emerging as viable ways to provide electricity amid any concerns over the deployment of renewable sources, especially compared to several years ago. “The solutions are there. We have the tools.”
The lawsuit from Miyares, without an alternative solution to address the “health and welfare,” issues from emissions causing climate change for Virginia, Shepherd added, is “an insult to Virginia.”
But referencing another SCOTUS case from 2022 that arose out of West Virginia, Miyares said the EPA’s power plant rule was “overstepping its bounds,” ignoring Supreme Court guidance and “infringing upon the sovereign rights of states to manage their energy resources.”
“We are urging the Court to recognize the EPA’s illegal power-grab and ensure that any changes to our nation’s energy policies are made through the proper legislative process, not through unilateral regulatory mandates,” Miyares added.
Other action
Virginia’s attorney general has also challenged federal rules over meat and poultry waste and air quality standards, as well as some protections for solar customers. Miyares claimed wins for the withdrawal of a rule that would have allowed the public trading of corporations holding park, federal or private land with an intent to conserve it, and a settlement with Monsanto.
The additional challenges oppose regulations that would expand requirements for liquid waste produced by meat processing plants from being enacted at 171 facilities to 3,879 in the country. Details on the number of Virginia facilities the rules would apply to were not immediately available.
The EPA said the proposed rule “would reduce pollutants discharged through wastewater from [meat and poultry processing] facilities by approximately 100 million pounds per year.”
Poultry barns on the Eastern Shore. (Ned Oliver/Virginia Mercury)
But currently, meat and poultry processing plants that aren’t discharging directly into a stream have to pre-treat their waste under a Virginia Pollution Discharge Elimination System permit before sending it to a municipal waste facility, in order to prevent the system becoming overwhelmed. That works “well the way it is,” said Hobey Bauhan, Virginia Poultry Federation president.
“We’re favorable to those who are trying to say, ‘yeah let’s take a second look,’” at the federal proposals, Bauhan said.
The list of new rules designed to protect victims of campus sexual assaults and the rights of LGBTQ+ students has come under attack by Republican attorneys general in several states.
This article was reprinted with permission from Virginia Mercury.
The list of new rules designed to protect victims of campus sexual assaults and the rights of LGBTQ+ students has come under attack by Republican attorneys general in several states.
Miyares called the changes a “dangerous overhaul” of Title IX, and said the new rules would negatively impact students, families and schools in the commonwealth. The ruling also comes after Gov. Glenn Youngkin’s administration overhauled the commonwealth’s transgender student policies.
“The Biden Administration’s unlawful rule would jeopardize half a century of landmark protections for women, forcing the administration’s social agenda onto the states by holding federal funding hostage,” Miyares said in a statement. “They are avoiding Congress and the constitutional process because they know it will not pass. We cannot roll back Title IX in the name of false equity.”
Virginia Attorney General Jason Miyares at the Virginia State Capitol on Jan. 10. (Nathaniel Cline/Virginia Mercury)
Attorney generals from Tennessee, Indiana, Kentucky, Ohio and West Virginia have also signed onto the suit, which was filed in Tennessee. Separate lawsuits have been filed in other states, including Louisiana and Texas.
Title IX, which has undergone several transformations based on the political party in office, was created to address women’s rights and prohibits any federally funded school or education program from discriminating against any student based on sex since it was established in 1972.
The Department of Education said some differences compared to the previous version developed under the Trump administration, include protections against all sex-based harassment and discrimination, prohibits schools from sharing personal information and supports students and families.
Narissa Rahaman, executive director for Equality Virginia, said in a statement that the rule prevents opponents from weakening “crucial” civil rights protections including for LGBTQ+ students by ensuring that pregnant and parenting students have a right to equal education opportunities, protecting student survivors and guaranteeing the rights of LGBTQ+ students to come to school as themselves without fear of harassment or discrimination.
“Students across races, places, and genders prove every day that they can do great things, especially when there are strong Title IX protections in place, which is why the Biden Administration’s updates to the Title IX rules are essential to ensure every student can thrive at school,” said Rahaman.
The new rule is slated to take effect on Aug. 1 and will apply to complaints of alleged conduct that occurs on or after that date, according to the Department of Education.
Protections
While the ruling protects students and employees from all sex-based harassment and discrimination, it will also impact LGBTQ+ students and employees, including providing complete protection from sex-based harassment and prohibiting schools from sharing personal information.
Schools must act “promptly and effectively” to protect and treat all students and staff who make complaints “equitably.” Schools must also provide support measures to complainants and respondents, and act to end any sex discrimination in their programs and prevent any recurrence.
The rule further clarifies the definition of “sex-based harassment,” which means to treat someone unfairly because of their gender; and the scope of sex discrimination, including schools’ obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
The federal agency said the changes will empower and support students and families by requiring schools to disclose their nondiscrimination policies and procedures to all students, employees, and other participants in their education programs so that students and families understand their rights.
The final rule also protects against retaliation for students, employees, and others who exercise their Title IX rights, and supports the rights of parents and guardians to act on behalf of their elementary school and secondary school children.
The rule also protects student privacy by prohibiting schools from disclosing personally identifiable information with limited exceptions, which is something the Youngkin administration has opposed.
Advocates say one of the rights students should have is the power to decide who finds out about their transgender status, to protect them from being bullied or harassed.
Virginia policies
In 2021, the first model policies for transgender students were designed under former Gov. Ralph Northam to provide school officials guidance on the treatment of transgender and nonbinary students and to protect the privacy and rights of these students.
However, some schools declined to adopt the model policies, and the state law that led to them lacked enforcement incentives or penalties.
The current policies adopted by the Youngkin administration were revised to require parental approval for any changes to students’ “names, nicknames, and/or pronouns,” direct schools to keep parents “informed about their children’s well-being” and require that student participation in activities and athletics and use of bathrooms be based on sex, “except to the extent that federal law otherwise requires.”
Virginia schools have also not fully adopted the newly revised policies, and state law has not changed since the policies were overhauled in 2023.
The Virginia Department of Education faces two lawsuits over the policies adopted by the Youngkin administration.
“All Virginia students, including our transgender and non-binary students deserve to feel safe and welcomed at schools,” said Wyatt Rolla, a senior transgender rights attorney with the ACLU of Virginia. “Accessing restrooms, locker rooms and other facilities that are necessary when you are at school learning is a key part of our schools being inclusive of those transgender [and] non binary students that are part of our community.”
Athletics not included
The provisions under the new Title IX rule did not mention anything about requiring schools to allow transgender students to play on teams that align with their gender identity. Virginia has taken its own shot at banning transgender athletes from competing in sports through legislation.
In February, the Youngkin administration attempted to challenge the Virginia High School League’s policy on transgender athletes, the Daily Progress reported.
The proposed policy would have matched with the administration’s current policies that students should be placed on teams based on their biological sex rather than their gender identity.
The Virginia High School League, which oversees interscholastic athletic competition for Virginia’s public high schools, allows for transgender athletes to participate on teams that match their gender identity, but under certain conditions.
Simultaneously, lawmakers in the Virginia General Assembly controlled by Democrats killed bills, including Senate Bill 68, during the previous session that would have essentially banned transgender students from competing in sports.
Sen. Tammy Brankley Mulchi, R-Mecklenburg, who carried Senate Bill 723, said students like her 6-year-old granddaughter should have a choice to play with their own gender during a Feb. 1 Senate Education subcommittee hearing.
Mulchi’s bill would have required schools and colleges to have separate sports for boys and girls based on their biological sex. Any dispute would require a note from a doctor.
“If she [my granddaughter] wants to play an all-girl sport, I want her to play against girls that were born girls and not play against someone that is much stronger than her or can hurt her and take away her chances of a scholarship,” Mulchi said.
However, Sen. Stella Pekarsky, D-Fairfax, argued during the February hearing that whether students are competing with their respective biological sex or not “children of all ages, sexes have different builds and strengths and no children are alike on the same team.”
