Public Comments for 01/23/2024 General Laws - Procurement/Open Government
HB428 - DCR authorized to quitclaim and release certain rights in Wythe County.
Last Name: Malik Locality: Mclean

How can you threaten our democracy by quoting the revenue /business israel brings in??? There are many Jewish friends and neighbors speaking out against Israeli government policies. A foreign nation is muzzling out free speech!!!! This is unamerican and unacceptable! Why is a foreign nation allowed to dictate our local government policy????

HB671 - Virginia Freedom of Information Act; definition of public body, revenue from public funds.
Last Name: Malik Locality: Mclean

How can you threaten our democracy by quoting the revenue /business israel brings in??? There are many Jewish friends and neighbors speaking out against Israeli government policies. A foreign nation is muzzling out free speech!!!! This is unamerican and unacceptable! Why is a foreign nation allowed to dictate our local government policy????

HB758 - Virginia Public Procurement Act; prohibition on boycotting Israel.
Last Name: Hutchison Locality: Loudoun, Ashburn

After 3 failed attempts over the past years at passing this unconstitutional “prohibition on the boycott of Israel” bill, which we know is encouraged and essentially sponsored by the Israeli regime, it is yet again being brought up for consideration. Not only should it be extremely concerning that our constitutional rights are under attack, but also that our rights are being compromised to attempt to benefit the interests of a foreign government at the expense of Virginians and Palestinians. If asking Virginians to take what amounts to a loyalty oath to a foreign governmet isn’t bad enough, this foreign regime is currently indiscriminately bombing the the Gaza Strip, using starvation as a weapon of war, displacing millions of Palestinians and is under investigation for genocide both at the ICJ and their officials at the ICC. On any given day this bill shouldn’t even be introduced in the VA General Assembly but to attempt to prevent our first amendment right to boycott a foreign regime that has killed over 25,000 Palestinians and injured over 60,000 in a little over three months is not just absurd, but attempts to make us all complicit in enabling the genocide and ethnic cleansing of Palestine I have testified against this bill multiple times and will continue to do so - not just to protect Virginian’s first amendment rights to boycott but also because we will not be intimidated into silence in exposing the Israeli regimes crimes or forced into further complicity (in addition to the billions of tax dollars and weapons we send). Some of the companies that the Virginia Israel Advisory has brought to VA are: Elbit Systems, Israel’s largest arms producer whose weapons have been used extensively over the years to kill and maim Palestinians, including in Israel’s current genocide in the Gaza Strip. Another company is Israel Aerospace Industries (IAI), whose CEO Boaz Levy said on a Nov. 22 call with investors, that their Heron drones have “played a pivotal role” in Israel’s attacks on Gaza. Another one is Energix, a company that has been cited by the United Nations for its violations of human rights in the occupied West Bank and the occupied Golan Heights, which also happened to have received one-third of all PPP loans that were given to VA solar companies during the pandemic. As a Palestinian born in Jerusalem and raised in Palestine, as a Virginian and as an American, I ask that you vote to stop the passage of HB758. Let’s get foreign entities out of our State legislature and politics.

Last Name: Malik Locality: Mclean

How can you threaten our democracy by quoting the revenue /business israel brings in??? There are many Jewish friends and neighbors speaking out against Israeli government policies. A foreign nation is muzzling out free speech!!!! This is unamerican and unacceptable! Why is a foreign nation allowed to dictate our local government policy????

Last Name: Nuwaysir Organization: Unitarian Universalists for Justice in the Middle East Locality: Arlington

I ask that you vote NO on HB 758 Virginia Public Procurement Act; prohibition on boycotting Israel. HB 758 would amend the Virginia Public Procurement Act to prohibit state bodies from contracting or subcontracting with businesses that engage in a boycott of “(i) the State of Israel; (ii) an entity or individual doing business in or with the State of Israel; or (iii) an entity authorized by, licensed by, or organized under the laws of the State of Israel." As an American citizen taxpayer, the Constitution protects my right to speak up and take conscious, peaceful action when I disagree with the policies of our government or of other foreign entities who are recipients of U.S. taxpayer funds. This bill would take away that right, guaranteed in the First Amendment to the Constitution, to free speech and peaceful protest. If my conscience demands that I, personally, or as business owner refrain from purchasing products where I feel such purchases would support and embolden practices that are contrary to my values and those upon which our country stands --- a democracy in which all citizens have the vote and are treated equally under the law; freedom of movement; personal security; the rights to shelter, food, water, and basic education --- that is not only my right, but my responsibility. Unfortunately, in the occupied Palestinian territories, those fundamental human rights just listed are not upheld. This bill is an attempt to shield and provide cover to the government of Israel from protest against its military occupation and pursuant policies in the West Bank. According to the ACLU, “Government contract restrictions cannot be based on the desire to punish First Amendment activities that aim to influence public opinion on our nation’s policies. Accordingly, federal courts have repeatedly found that bills targeted at restricting boycotts of Israel—bills identical in substance [in 758]—violate the Constitution.” In 1982 the Supreme Court ruled in NAACP v. Claiborne Hardware Co. that “an economic boycott constitutes a form of constitutionally protected expression akin to traditional means of communication…” A boycott is a nonviolent protest traditionally employed by those whose voices have been long ignored. Boycotts are an American tradition--from the Boston Tea Party to the Montgomery Bus Boycott. The boycott of Israel should not be an exception to our nation’s documented history of participating in similar actions for social change. As a Virginia resident and taxpayer, I ask that you vote NO on HB 758 to affirm that all Virginians and businesses have the right to participate in economic boycotts, and to uphold the core First Amendment right to political speech.

Last Name: Akbar Organization: Virginia Coalition for Human Rights Locality: Fairfax County

My name is Katherine Akbar, and I am with the Virginia Coalition for Human Rights, as well as a member of Jewish Voice for Peace. I am a member of the board of directors of Churches for Middle East Peace and a former U.S. Foreign Service officer speaking in my personal capacity. I am also a member of the Virginia business owners community, and I urge you to defeat this punitive bill. I was still in college when South African apartheid ended. But have you noticed that among my seniors, people who were for business as usual with apartheid South Africa now pretend they opposed it? The sponsor and supporters of this bill smear us with spurious allegations of antisemitism, suggesting that people who boycott Israel do so to discriminate against Jews. In fact, people—including many Jews, particularly the younger generation—boycott Israel because Israel discriminates against non-Jews by killing them indiscriminately, restricting their ability to move in their own territory and to leave it, destroying their homes and trees, stealing their land and water, imprisoning and torturing them after sham trials, and denying them a vote on the practices that govern their lives. Israel is an apartheid state according to Amnesty International, Human Rights Watch, the UN Special Rapporteur for the situation of human rights in the Palestinian territory occupied since 1967, the Harvard University Law School, the Jewish Israeli human rights organization B’Tselem, and many others. And it is has now been indicted for genocide in the Gaza Strip. I have lived under the brutal Israeli version of apartheid, and my ex-husband was imprisoned after a sham trial and tortured by the Israeli government for his nonviolent political activities, even though the U.S. government later recognized him as faultless and made him a U.S. citizen. I choose not to do business with apartheid states, including Israel, because human rights are even more important to me than money. Even if you haven’t had the dubious opportunity to live in Occupied Palestine and hold a different opinion, members of the Virginia House should be in the business of supporting local businesses, not getting dragged into the world’s most controversial foreign policy issue and mandating Virginia business practices as they relate to doing business with a foreign country. I hope you recognize the First Amendment right to free speech and the right of businesspeople to freely choose any business practices that do not discriminate against any protected class. Foreign countries do not fit this definition and are not your constituency. I predict that if you do vote for this bill, someday you will pretend with your children and/or grandchildren that you did not try to punish people using a time-honored form of nonviolent protest to pressure a country to stop committing genocide and dismantle its apartheid policies. Thank you for listening and for your service.

Last Name: Fogarty Organization: --None-- Locality: Arlington

I am writing to ask you to vote NO on HB 758 Virginia Public Procurement Act; prohibition on boycotting Israel HB 758 would amend the Virginia Public Procurement Act to prohibit state bodies from contracting or subcontracting with businesses that engage in a boycott of “(i) the State of Israel; (ii) an entity or individual doing business in or with the State of Israel; or (iii) an entity authorized by, licensed by, or organized under the laws of the State of Israel.” The First Amendment protects political speech, and this bill clearly aims to restrict our Constitutional rights, which includes criticizing governments. According to the ACLU Virginia, “Government contract restrictions cannot be based on the desire to punish First Amendment activities that aim to influence public opinion on our nation’s policies. Accordingly, federal courts have repeatedly found that bills targeted at restricting boycotts of Israel—bills identical in substance [in 758]—violate the Constitution.”

Last Name: Wein Organization: Virginia Coalition for Human Rights Locality: North Chesterfield

I am Nancy Wein, a member of the Richmond Jewish community. As a member of that community, I feel that it is my duty, my obligation – a central pillar of the Jewish ethical tradition – to speak out against violations of Palestinian human rights. HB758, if adopted, would violate the First Amendment rights of Virginians who contract with the state to use the time-honored tradition of boycotts to call out Israel for its human rights violations. And this year as Israel continues its murderous rampage in Gaza, killing over 25,000 Palestinians 70% of which are women and children, the mere introduction of such legislation which seeks to stifle our voices against this tyranny, is truly outrageous! Look at it this way, it is estimated that over 30,000 children in Gaza are now orphaned, each one of whom has suffered extreme trauma. And those who care about such atrocities are not permitted to exercise our First Amendment right to boycott as a means of expressing our rage over Israel’s crimes against humanity? We have been down this road three times before in our General Assembly – in 2016, 2022, and just last year. In all cases, these unconstitutional bills have been rejected in our General Assembly. This is a simple one. Boycotts are an American tradition - from the Boston Tea Party to the Montgomery Bus Boycott. Boycotts are a constitutionally protected form of free speech under the First Amendment. You must allow us to exercise our first amendment rights. You must vote “NO” on HB758.

Last Name: Hitchcock Organization: Virginia Coalition for Human Rights (VCHR) Locality: Richmond

I am a Richmond resident and write to oppose HB758 - “Prohibition on boycotting Israel." Not only are boycotts a constitutionally protected form of protest, but boycotts have long been a nonviolent tactic of civil disobedience in this country going back hundreds of years. HB758 would restrict Virginian's rights and freedoms and must be opposed. In light of Israel's brutal war on Palestinians in Gaza, it is especially offensive that a delegate would introduce a bill to prevent Virginians from engaging in a boycott of conscience against Israeli institutions that are complicit in an ongoing assault that many human rights organizations have labeled as war crimes and even possibly genocide (in addition to apartheid in the West Bank). Further, people that claim to care about the long-term security of Israelis and the return of hostages should also recognize that without nonviolent methods of protest against oppression available, oppressed people will inevitably resist their oppression in one way or another, often violently. For example, my husband's family came from Ireland, and most Americans remember how the IRA resisted the British and Protestant oppression of Catholics in Northern Ireland. Or how the ANC in South Africa was once labeled a terrorist organization too, not to mention the countless other examples where oppressed people have sometimes resorted to violence throughout history--including the ancient Israelites. Resistance to oppression is a natural human activity. And the only way to decrease the possibility of violent resistance is to allow and promote nonviolent resistance as an alternative. Boycotts are one of the most proven forms of nonviolent resistance. As someone who cares about the safety and future of both Palestinians and Israelis, and as someone who has actually traveled to Israel and the West Bank and seen for myself what the ongoing military occupation and apartheid policies look like on the ground, I also must share a belief told to me by multiple peace-loving Israelis: that US military support for Israel and our promotion of Israeli impunity that has enabled and encouraged Israel to ignore international law and deny Palestinian human rights for so many years is like someone supporting and enabling a drug addict. If we really care about Israel, they say, then the US needs to pressure Israel to end it's harmful policies and oppression of Palestinians--not to give Israel blanket support, which only continues to encourage Israel's worst tendencies. This was an analogy I heard often from Israeli peace activists. It would be wonderful if our state and country could rethink our destructive support of Israel's actions, which only undermines prospects for peace. But at the very least, the state of Virginia should allow Virginia residents to boycott Israeli institutions--just as MLK, Gandhi, and Nelson Mandela encouraged people to show solidarity with their struggles for freedom and equality by boycotting nations and institutions that oppressed their people. Please protect and promote our freedom to boycott. Thank you.

Last Name: Noursi Organization: Virginia Coalition for Human Rights (VCHR) Locality: Fairfax County

Comments Document

I strongly urge this committee to reject HB 758 “Virginia Public Procurement Act; prohibition on boycotting Israel.” HB 758 would require “all public bodies to include in every contract in excess of $100,000 with a business that employs more than 10 employees and in every subcontract or purchase order in excess of $10,000 a provision that states that during the performance of the contract, neither the contracting business nor any of its affiliates shall engage in a boycott of Israel.” This bill would clearly violate free speech guaranteed by the First Amendment of the United States Constitution and Article I Section 12 of the Constitution of Virginia. There are many reasons why this bill should be rejected, including the following: 1. Boycotts are a constitutionally protected form of free speech. 2. The state legislature should not be dealing with foreign policy. 3. This bill would require a loyalty oath to a foreign government. 4. This bill would be bad for business and free enterprise. Contractors should be hired based on the best value to the state, not based on politics. 5. This bill was previously introduced, considered, and rejected three times in the Virginia General Assembly in 2016, 2022 and 2023. 6. This bill is intended to, and would, suppress advocacy for civil rights and human rights in Virginia. 7. This bill would suppress legitimate and constitutionally protected criticism of Israel and Israeli human rights abuses. According to the ACLU Virginia, “Government contract restrictions cannot be based on the desire to punish First Amendment activities” and “federal courts have repeatedly found that bills targeted at restricting boycotts of Israel—bills identical in substance [to HB 758]—violate the Constitution.” Examples of such bills being struck down in court include the following: • In January 2018, a federal court blocked Kansas from enforcing the law on grounds that the “First Amendment protects the right to participate in political boycotts.” • In January 2022, the U.S. District Court of Southern Texas ruled that the City of Houston cannot forbid an engineering firm from boycotting Israel as part of its contract. Boycotts are an American tradition--from the Boston Tea Party to the Montgomery Bus Boycott. The boycott of Israel should not be an exception to our nation’s documented history of participating in similar actions for social justice and human rights. In NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1982), the Supreme Court ruled that “an economic boycott constitutes a form of constitutionally protected expression akin to traditional means of communication.” Therefore, based on all the reasons listed above, I strongly urge the General Assembly to reject HB 758, to affirm that everyone in Virginia has the freedom to participate in boycotts to support human rights, civil rights, and social justice!

Last Name: Spangenberg Locality: Harrisonburg

Uphold 1st amendment rights, vote no to this anti boycott measure

Last Name: Ketch Locality: Richmond

Free Palestine Condemn genocide.

Last Name: Jones Locality: Richmond

Vote NO. there should be no question regarding whether boycotts can actually work. boycotts should be one of many tools in our arsenal for social change.

Last Name: Jones Locality: Richmond

Vote NO. It is not radical to stand against genocide. It is unethical to work with Israel.

Last Name: Harris Organization: Virginia Coalition for Human Rights Locality: Reston, VA

My name is Leah Harris and I am a Jewish-American business owner in Reston, VA. I am writing to ask you to please vote no on HB758, Virginia Public Procurement Act; prohibition on boycotting Israel. As a Jewish-American with family who barely escaped the Nazi Holocaust with their lives, I am repulsed and horrified by the genocide that Israel is currently committing in Gaza, supposedly in the name of Jewish safety. Israel killing over 25,000 Palestinians in my name, 9,600 of them children and babies, doesn’t make me feel safe at all. Israel was brought before the International Court of Justice by South Africa for genocide this month. My Jewish values dictate that I must do everything in my power to help stop this ongoing genocide. “Never again” means never again for anyone. Boycotting is part of how I express my vehement opposition to Israel’s ongoing genocide on the Palestinian people. Boycotting is a vital and valid form of political expression, protected as free speech under our Constitution. In 1982 the Supreme Court ruled in NAACP v. Claiborne Hardware Co. that “an economic boycott constitutes a form of constitutionally protected expression akin to traditional means of communication…” There is a grand history of boycotts in America, from the Boston Tea Party to the Montgomery Bus Boycott. Boycotting was also instrumental in the ending of apartheid in South Africa. This is particularly relevant to Israel, which has been declared an apartheid state by major human rights groups such as Human Rights Watch, Amnesty International, and B’tselem. As a business owner in the Commonwealth, this legislation targets me directly and would potentially freeze me out of doing business in my own state, thus punishing me economically for my human rights activities. According to the ACLU Virginia, “Government contract restrictions cannot be based on the desire to punish First Amendment activities that aim to influence public opinion on our nation’s policies. Accordingly, federal courts have repeatedly found that bills targeted at restricting boycotts of Israel—bills identical in substance [in 658]—violate the Constitution.” I’m outraged and saddened that my state would dare try to restrict my free speech and right to boycott whomever I want, whenever I want, by introducing a shameful and unconstitutional bill such as this one. I ask you today to do the right thing: uphold my First Amendment rights and the rights of all business owners in the Commonwealth. Vote no on HB758. Thank you.

Last Name: Spangenberg Locality: Harrisonburg

REJECT. Anti-Boycott Laws Punish Responsible Businesses

Last Name: Jones Locality: Richmond

“States with anti-boycott laws are effectively telling companies that if you do the right thing and disentangle yourselves from settlement abuses, you can’t do business with us,” said Andrea Prasow, deputy US advocacy director at Human Rights Watch. “States should encourage, not sanction, companies that avoid contributing to rights abuses.” It is impossible to do business in the settlements without contributing to or benefitting from human rights abuse and violations of international humanitarian law, Human Rights Watch has said. Anti-boycott laws aim to deter companies from cutting ties to settlements and thereby ending their involvement in human rights abuses there. States should scrap anti-boycott laws that penalize companies for taking action that ends their involvement in rights abuses. Business activities help to sustain illegal settlements and make them more economically viable. As set out in the UN Guiding Principles on Business and Human Rights, companies have a responsibility to take steps to identify and mitigate serious human rights risks across their operations. A business enterprise that contributes to human rights abuse should take the necessary steps to cease or prevent that contribution, and use its leverage to mitigate any remaining harm to the greatest extent possible. If a company cannot prevent or mitigate this harm, the only responsible path may be to terminate or refrain from entering into these operations. Doing business with Israel’s illegal settlements is an example of a situation in which companies cannot do business without contributing to serious human rights abuses. https://www.hrw.org/news/2019/04/23/us-states-use-anti-boycott-laws-punish-responsible-businesses

Last Name: Spangenberg Locality: Forest

VA shall not prohibit any boycotting of Israel, the genocidal settler colonial project standing on the ethnic cleansing of an entire people.

HB778 - Quitclaim and release property rights; DCR to release certain property rights in Albemarle County.
Last Name: Malik Locality: Mclean

How can you threaten our democracy by quoting the revenue /business israel brings in??? There are many Jewish friends and neighbors speaking out against Israeli government policies. A foreign nation is muzzling out free speech!!!! This is unamerican and unacceptable! Why is a foreign nation allowed to dictate our local government policy????

HB873 - Virginia FOIA; creates closed meeting exemption where related to home instruction of children.
Last Name: Malik Locality: Mclean

How can you threaten our democracy by quoting the revenue /business israel brings in??? There are many Jewish friends and neighbors speaking out against Israeli government policies. A foreign nation is muzzling out free speech!!!! This is unamerican and unacceptable! Why is a foreign nation allowed to dictate our local government policy????

Last Name: Nichols Locality: Rockingham

Please vote "yes" for HB 873. Homeschooling families deserve the same privacy public school students enjoy when discussing the content of a Notice of Intent form or a religious exemption letter. Please protect homeschooled students' information during school board or Department of Education meetings by having a closed session. Thank you for your consideration and for assuring the protection of all children and families and their choices. Cindy Nichols

HB894 - Virginia Freedom of Information Act; electronic meetings.
Last Name: Malik Locality: Mclean

How can you threaten our democracy by quoting the revenue /business israel brings in??? There are many Jewish friends and neighbors speaking out against Israeli government policies. A foreign nation is muzzling out free speech!!!! This is unamerican and unacceptable! Why is a foreign nation allowed to dictate our local government policy????

Last Name: Porte Organization: League of Women Voters of VA Locality: Richmond

Virginia Freedom of Information Act; electronic meetings. The League of Women Voters supports HB894. The amendments will make the work of the people more open and convenient in three ways. First, permitting 50 percent of the meetings each year to be conducted electronically makes the meetings more accessible to both the members and the public. By making the meetings more accessible to the members, achieving a quorum is more likely, so the public body runs more efficiently and productively. By making the meetings more accessible to the public, the public body’s members receive more information and perspectives to use in their consideration and deliberations. And citizens with disabilities will more readily attend. Second, the bill would clarify the effect of losing audio-visual connection with a member. When the meeting uses audio-visual connection, being able to see the members present improves interactions among them and with the public. It makes sense that losing the connection could impact a quorum. Third, requiring the public body to reassess its electronic meeting annually makes everyone involved think about the policy and modify it as appropriate. These three improvements are common sense. We urge you to vote “aye.”

HB1040 - Virginia Freedom of Information Act; definition of "caregiver," remote participation in meetings.
Last Name: Watts Locality: Waynesboro

Please allow home grown outdoor in this bill. The lobbyist are trying to ruin for all the little mom and pop shops in Virginia. It’s so greedy and needs less regulation and less restrictions.

Last Name: Traficant Locality: Fairfax

I want to thank you for considering HB1040 and urge you to vote yes. I was a caregiver for two family members with a rare liver disease and now have the opportunity to participate on a rare disease council. Caregivers have a unique vantage point in assessing what is needed to promote optimal care for those who suffer and are potentially underserved as a result of their disability or rare disease. In a recent study, 89% of caregivers for someone with a rare disease acknowledged the significant role they have in educating HC professionals about their family member's rare disease. They are literally the in house experts. I can say from experience that caregivers have a desire to affect change but are constrained by their unpredictable responsibilities. Voting yes on this bill will make it possible for caregivers and those with disabilities to participate remotely in meetings; remote voting. It will enable people to serve while caregiving, advocating from a place of compassion and first hand experience. This bill will also accelerate the agendas of councils who represent people with disabilities and rare disease by removing the constraints of in person quorums for the people in these select groups.

Last Name: Malik Locality: Mclean

How can you threaten our democracy by quoting the revenue /business israel brings in??? There are many Jewish friends and neighbors speaking out against Israeli government policies. A foreign nation is muzzling out free speech!!!! This is unamerican and unacceptable! Why is a foreign nation allowed to dictate our local government policy????

Last Name: Miller Organization: disAbility Law Center of Virginia Locality: Richmond

the disAbility Law Center of Virginia supports this good bill

Last Name: Champion Organization: Virginia Autism Project Locality: springfield

HB1040 is an important accommodation for the disability community that wants to participate on public boards and yet is frequently unable to attend. Many people with disabilities depend on others for transportation or other supports so that they can be physically present somewhere. There are many days they can't get those supports yet they are still able to participate remotely. There are many struggles for caregivers also- for example, I am the caregiver for my 30-year-old son however my options to attend in person are very limited yet I am able to attend meetings remotely and participate. Not being able to be present is not a sign of my lack of commitment to advocating or participating- rather it is a sign of my need to honor my commitment as a caregiver for my son. If we don't provide flexibilities (which are certainly available now and we have seen after COVID how effective these accommodations can be) then we miss having an important part of our community participate in government. Please VOTE YES for HB 1040.

Last Name: Spangenberg Locality: Harrisonburg

Vote YES

Last Name: Spangenberg Locality: Forest

Vote yes and follow the recommendations of the council

Last Name: Porte Organization: League of Women Voters of Virginia Locality: Richmond

HB1040 Virginia Freedom of Information Act; definition of "caregiver," remote participation in meetings. The League of Women Voters of Virginia supports HB 1040. As remote participation grows we should not leave behind people with disabilities or those who care for disabled people. Remote participation protects people with disabilities who are at risk from severe outcomes from COVID-19, RSV, and other infectious diseases. Disabled people may also need to participate remotely because they cannot travel or need to be at their homes due to their disabilities. It is time to stop punishing people with disabilities and their caretakers for needing to participate remotely and to have their voices fully heard.

Last Name: Spangenberg Locality: Forest

Accessibility for all! Virtual is only accessible option for many.

Last Name: Jones Locality: Richmond

Accessibility for all, accessibility is key Virtual participation is equally valid. Vote yes "purposes of determining whether a quorum is physically assembled, an individual member of a public body who is a person with a disability or a caregiver, defined in the bill, and uses remote participation counts toward the quorum as if the individual was physically present.

End of Comments