2020-1-31

House bill protecting student journalists advances, Senate bill tabled

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By Jeffrey Knight, Capital News Service 

RICHMOND, Va. – Students, faculty and advocates lined up at the podium Wednesday to voice support and concern for a bill that would extend free speech protection to student journalists. Some students traveled from Northern Virginia and Culpeper to snag a spot in the crowded House subcommittee room in support of First Amendment rights and to meet with legislators on National Student Press Freedom Day. 

House Bill 36, patroned by former WDBJ journalist Del. Chris Hurst, D-Montgomery, advanced out of subcommittee on a 5-3 vote. The bill grants student journalists in school-sponsored media at public middle, high and higher education institutions the right to exercise freedom of speech and the press. The bill also protects advisers working with the student journalists. 

Hurst’s bill would allow schools to intervene and exercise restraint only in situations of slander, libel, privacy, danger or violations of federal or state law. 

“We’ve been very lucky,” said Joseph Kubicki, a senior at Colonial Forge High School in Stafford. “Our current principal, school board and superintendent have been very supportive of the student press.” 

Margaret Vaillant, former student and editor in chief of Madison County High School’s newspaper, shared her reasons for supporting the bill. 

“The lesson I learned as a high school newspaper editor is that facts only matter when it’s not embarrassing to the people in charge,” Vaillant said at the podium. 

Vaillant wrote an editorial in 2011 about the disrepair of Madison County High School’s facilities, which she said led to the newspaper adviser’s ouster.  

Stacy Haney, chief lobbyist of the Virginia School Boards Association, voiced opposition to the bill.

 “I want to point out to the committee that this legislation also applies to students who are in middle school,” Haney said. “I ask that you think about the maturity level and where we need to be with middle school students.”

Haney referenced the landmark 1969 case of Tinker v. Des Moines which allows students First Amendment rights as long as it does not disrupt learning. 

“Tinker already applies,” said Haney. “Student are protected in their speech under the Tinker standard.”  

 Still, some public school boards have been able to censor school-sponsored student media.

Last year, the Frederick County School Board approved a policy that designates the principal of the school as the editor of student publications. The board declared that school publications must have “curriculum approved by the school board” and are not “intended to provide a public forum for students or the general public.”

Betsy Edwards, executive director of the Virginia Press Association, commended student journalists for their work.

“I think student journalists play the same role that professional journalists play and that is to hold people in power accountable and to make sure that tax dollars get spent the way they should,” Edwards said in a phone interview.

She added that middle and high school student journalists “are more mature than we probably give them credit for.” The maturity level of middle and high school student journalists was a major opposition point during the meeting. 

The bill is similar to several across the country known as “New Voices” bills that aim to protect student media from censorship. New Voices is a student-led grassroots movement that aims to negate the 1988 Supreme Court decision in Hazelwood v. Kuhlmeier which ruled that schools may censor student media to an extent. 

Currently 14 states have passed New Voices legislation and 11 have bills in motion, according to the Student Press Law Center.

Senate Bill 80, a companion bill, patroned by Sen. David Marsden, D-Fairfax, was recently tabled to the 2021 session in a 1-13 vote.

Hurst was optimistic his bill will move forward during this session. He first introduced the bill in the 2019 session with co-patron Del. Danica Roem, D-Prince William, but the bill died in a subcommittee vote, 3-5. 

“I think the fate of this bill will be good,” said Hurst. “The General Assembly will see that this is an important provision to put into our code to protect journalists whether you are in high school, college or a professional.”

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SUPER BOWL FANS DON’T LET FANS DRIVE DRUNK IN VIRGINIA

RICHMOND – Whether a 49ers or Chiefs fan, a guaranteed game-day loser is anyone who chooses to drive drunk on Super Bowl Sunday (Feb. 2). The Virginia State Police is reminding all Virginians that if your game plan includes drinking as part of the Super Bowl festivities, then add a designated driver to your lineup.

In 2018, there were 7,181 alcohol-related crashes that claimed 278 lives on Virginia’s highways.* The costs can be financial, too: If you’re caught drinking and driving, you can face jail time, lose your driver’s license and your vehicle, and pay up to $10,000 in attorney’s fees, fines, car towing, higher insurance rates, and lost wages.

“Not only does an impaired driver put lives at risk on our highways, but also runs the very likely risk of getting arrested for DUI,” said Colonel Gary T. Settle, Virginia State Police Superintendent. “On Sunday, Virginia troopers will be stepping up patrols during and following the Super Bowl in order to deter, detect and arrest drunk drivers. No game or drink is worth losing a life over, so please be responsible and Drive to Save Lives.”

If attending a Super Bowl party or watching the game at a sports bar or restaurant:

  • Designate your sober driver, or plan another way to get home safely before the party begins.

  • If you don't have a designated driver, then ask a sober friend for a ride home; call a cab, friend, or family member to come and get you; or just stay in for the night.

  • Use your community's sober ride program, reserve a rideshare such as Uber or Lyft, or take public transportation.

  • Never let friends drive if they have had too much to drink.

  • Always buckle up – it's still your best defense against drunk drivers.

If hosting a Super Bowl party:

  • Remember, you can be held liable and prosecuted if someone you served ends up in a drunk-driving crash.

  • Make sure all of your guests designate their sober drivers in advance, or help arrange alternate transportation.

  • Serve lots of food and include lots of non-alcoholic beverages at the party.

  • Stop serving alcohol at the end of the third quarter of the game and begin serving coffee and dessert.

  • Keep the numbers for local cab companies handy, and take the keys away from anyone who has had too much to drink.

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Who Do I contact - social security or medicare

By Jacqueline Weisgarber, Social Security Public Affairs Specialist in Richmond, Virginia

Social Security offers retirement, disability, and survivors benefits.  Medicare provides health insurance. Because these services are often related, you may not know which agency to contact for help.  The list below can help you quickly figure out where to go. Please share this list with family and friends.

You can do much of your Medicare business with Social Security online.

Medicare also offers many online services where you can find out:  

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Nonprofit Urges Lawmakers to Protect Domestic Worker Rights

By Zobia Nayyar, Capital News Service

RICHMOND, Va. -- After a 15-hour work day, Lenka Mendoza is tired but she prepares to do it all over again the next day.

 Mendoza spoke Tuesday at a Care in Action press conference in support of several General Assembly bills, dubbed the Virginia Domestic Workers Bill of Rights. The nonprofit advocates for fairness and dignity for U.S. domestic workers, including 60,000 domestic workers in Virginia, according to director Alexsis Rodgers. The bills would increase the quality of life for a group of workers that includes house cleaners, cooks, waiters, nannies and caregivers who provide services in a private home.

“Virginia is actually dead last when it comes to workers’ rights across the country,” Rodgers said. “I would say we're not even on the list.”

Care in Action announced its support of Senate Bill 804, introduced by Sen. Jennifer McClellan, D-Richmond. The bill guarantees domestic service workers to not be excluded from employee protection laws, laws regarding payment of wages and other laws regarding the workforce.

“It is time for us to cut the last vestiges of Jim Crow by expanding worker protections to the best workers,” McClellan said. “Laws that ensure minimum wage, safe workplace and protection and against discrimination currently are not extended to domestic workers due to minimum employee thresholds, as well as specific exclusions from wage compensation and workplace saving laws.”

Currently under the Virginia Minimum Wage Act, minimum wage laws do not apply to employers with less than four employees at any given time. McClellan’s bill removes this exemption. It also allows an employee to bring an action against their employer if they are in violation of the Virginia Human Rights Act, regardless of the number of people employed.

McClellan cited statistics from the Economic Policy Institute that 17% of domestic workers live in poverty. In Virginia, personal care aides make an average of $21,240 a year, while home health aides earn an average of $23,440 per year, according to the same data.

“While we have the opportunity to create new jobs, we need to ensure that those jobs come with protections that those workers so desperately need,” McClellan said.

Del.Wendy Gooditis, D-Clarke, introduced House Bill 1730, which is similar to McClellan’s bill. She says it’s time to care for the people who have cared for others over the years.

Gooditis said she decided to introduce a bill focused on domestic workers because of a personal experience. Both her parents have dementia, and they are taken care of by two "amazing women," Gooditis said. She said domestic workers deserve minimum wage protections and other benefits. 

HB 1200, introduced by Del. Kathy Tran, D-Fairfax, also may help domestic workers. The bill says no employer can discriminate against workers based on race, color, religion, national origin, sex, childbirth, age or pregnancy or related medical conditions.

Mendoza has been a domestic worker for the past 18 years. With a Spanish translator by her side, Mendoza said she lives without the benefits for which she now fights. 

“We are here to petition to our legislators to support the domestic labor laws,” she said.

She said domestic workers don’t get the luxury of having sick days or being able to go to doctor’s appointments, because they are there to care for others.

“Not only are we caring for your children, older people in your homes and preparing your food, we're also a pivotal point in education for those young people who will eventually grow to be very active members and contributors to our society,” Mendoza said. 

Both bills have yet to advance to the House or Senate floor.

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