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Bethany Blankinship GOVT-301-001 March 1, 2021 Government Internet Legal Research Paper 1 Problem 2: Virginia does contain a militia, which is the same throughout the state and not separated

 ection by counties according to the Code of Virginia Title 44. Military and Emergency Laws, S  urthermore the definition of Virginia militia is, “[The militia] of 44-1: Composition of Militia. F the Commonwealth of Virginia shall consist of all able-bodied residents of the Commonwealth who are citizens of the United States and all other able-bodied persons resident in the Commonwealth who have declared their intention to become citizens of the United States, who are at least 16 years of age and, except as hereinafter provided, not more than 55 years of age” as cited in the Title 44. Section 44-1 Code of Virginia. Additionally, the Military and Emergency Laws T  itle 44. Section 44-1 continues to describe the organizations that the Virginia militia is composed of: the Army National Guard, the Air National Guard, The Virginia Defense Force, and the unorganized militia which the able bodied Virginian male citizens that are 16 to 55 years of age. Moreover, according to Title 44. Section 44-8: Governor as Commander in Chief , t he Governor is the commanding force of the Virginia Militia. The Virginia Governor has power to conduct certain duties of the militia such as prevent any invasions, uphold the enforcing of laws, and stop any rebellions. The individual in charge of all this is Ralph S. Northam, the Virginia Governor and the Commander in Chief of the state’s militia. Along with Gov. Northam, other military officers are of importance as well. The Secretary of Veterans and Defense Affairs is Secretary Carlos Hopkins who is Virginia’s top official for directing the state and federal resources to support Virginia’s veteran community and liaison with federal defense facilities. Maj. Gen. Timothy P. Williams is the man who holds the position of Virginia Adjutant General, Maj. Gen. Williams also commands the

2 Virginia Army National Guard, Virginia Air National Guard and Virginia Defense Force; Next, the Commanding General is Brigadier Gen Justin. P. Carlitti, Sr; The Deputy Commander is Colonel David W. James; Tony N. Kegley is the Command Sergeant Major; Then, the Chief of Staff is Colonel Donald J. Thornley; The Virginia Defense Force Unit Administrator is Mr. Houston L. Crayton. Concerning the 1st Regiment, Colonel Michael Lawson upholds the title of the Virginia Defense Force Commander. Then, the Command Sergeant Major is Christopher C. Howlett with the 1st Regiment. Finally, the Support Operations Group officers are the Virginia Defense Force Commander: Lt. Col. Nicholas Christoff and Command Sergeant Major Christopher Frederick. If Arlington County, Virginia experienced a natural disaster the county is applicable to receive assistance from the Virginia militia. Supporting a county through a crisis is detailed in the Stafford Act of 1988, which is an United States National Law explaining that a state or local community suffering from a natural disaster has Federal help in restoring the area and providing aid to its citizens. Also, under Title 44 Section 44-75.1: Militia State Active Duty f ourth and fifth ruling notes that the Virginia militia is deemed to assist if a natural disaster occurs. The fourth ruling states that, “in the event of flood, hurricane, fire or other forms of natural or man-made disaster wherein human life, public or private property, or the environment is imperiled [the militia must impose]”. Further, the fifth ruling explains that even if a natural disaster posed a lesser issue, militia personnel are required to grant support if crucial public services are destroyed or other harmful incidents to the community that cannot be adequately restored without assistance. In order to receive the militia assistance in the case of a natural disaster, an Emergency must be declared locally and approved. According to Title 44. Section 44-146.21: Declaration of

3 Local Emergency, “A local emergency may be declared by the local director of emergency management with the consent of the governing body of the political subdivision”. The governing body is most likely the Virginia state government. Moreover, if a governing body or Virginia state government is unavailable then the Declaration of Local Emergency s tates that, “ The director and deputy director, any member of the governing body may declare the existence of a local emergency, subject to confirmation by the governing body at its next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first. The governing body, when in its judgment all emergency actions have been taken, shall take appropriate action to end the declared emergency”. References Used in Order of Answered: Problem 2 https://law.lis.virginia.gov/vacode/44-1/  - Code of Virginia Government Website, Title 44. Section 44-1. Used for the Militia and if Virginia has one Answer https://law.lis.virginia.gov/vacode/title44/chapter1/section44-80/  - Code of Virginia Government Website, Title 44. Section 44-80. Used for what organizations compose of the militia Answer https://law.lis.virginia.gov/vacode/44-8/  - The Code of Virginia Government Website, Title 44. Section 44-8. Used for who is the Commander in Chief Answer https://www.governor.virginia.gov/  - government website detailing information about the Governor. Used for Ralph S. Northam and the senior military officers Answer https://www.virginia.gov/  - a government website about the Virginia government and the senior officers. Used for senior officials’ names and titles Answer https://law.lis.virginia.gov/vacode/title44/chapter1/section44-75.1/  - a government website about Title 44. Section 44-75.1. Used for can the militia help Arlington County in the wake of a natural disaster Answer

4 https://law.lis.virginia.gov/vacodepopularnames/emergency-services-and-disaster-law/-  A government website on how Arligton County, or any other county, can receive/request assistance from the militia. Used for what does the county need to do to receive help Answer http://training.fema.gov/EMIweb/downloads/is208SDMUnit3.pdf  - A government pdf detailing how a state or local community should request help and overview. Used for what does a county do for help in a natural disaster Answer.

Problem 3: Various pros and cons factors relate to the legal arguments pertaining to the Christmas or holiday decorations on public property. Pros may include the freedom of expression either in the aspect of decorating or in support of the holiday itself; Freedom of religion relating to displaying any Christmas or holiday decoration within the community; Showing support for the holiday or beliefs and incorporating that around the town; Instill a stronger sense of community and closeness through the presence of holiday decor; and can be comforting to people being that it is something familiar and can bring a sense of joy On the other hand, the cons of the argument of the holiday decorations consist of a group of people who do not share that same faith or belief may feel uncomfortable in a community that has those decorations; Christmas could have been a bad experience for some people; individuals may feel that the specific holiday decorations are forcing a religion upon them; possibly individuals believe that a variety of decorations should be exhibited since many beliefs exist; that something publicly displayed in a community related to religion is crossing the state and church separation right; and the last one being that the majority should decide what decor is displayed since it is public property.

5 Another Virginia community that has faced this issue is Leesburg, Virginia. A nativity scene and other Christian decorations were displayed at the courthouse. Rick Wingrove and other members of the American Atheists became upset because of the outward showing of religious symbols such as the crèche, or nativity scene, and the menorah which felt as a violation of the separation of the church and state. Wingrove then took his concerns to the Loudoun County board members to vote on the continuance of these religious displays at the county’s meeting. A decision finally was announced by the board that decorations incorporating different beliefs could be implemented. Some of those were the flying spaghetti monster in place of baby Jesus in the manger within the nativity scene and a skeleton dressed as Santa Claus. Moreover, the Leesburg community resolved this by allowing other decorations displayed on public property. Even though Loudoun County came to a decision regarding the nativity scene and other Christmas decorations, members of the Leesburg town harbour feelings of anger or sadness. As a result of this the skeleton dressed up as Santa Claus has been destroyed and broken in enough occurrences that the sheriff has a local 24-hour watch on the display. The decorations that have been erected since the board meeting concern these people since some deem it as offensive or “just another thing that people want to take away”. Leading away from the citizens of Leesburg differing sides regarding the community board’s declaration, there are organizations that support or oppose that decision. First, some Christian or other similar Christian-faith-based churches oppose eliminating the nativity scene since that is a part of the religion they share. Also, that is a prominent decoration that is typically displayed either outside or inside the church, sometimes both. However, the same churches may also be in favor of the board’s decision by allowing other people’s faith to be expressed and

6 shown in the community. The churches can either be in favor or oppose the county’s choice, a lot of factors can depend on this. Next, the other organization that is in opposition of the board’s decision may be the community town hall members, if an area has one. This group of people most likely represent the majority of the citizen’s opinions or thoughts on a case. So, if most disagree with the county’s declaration, then the town’s leaders seem more likely to as well. Lastly, the other group of people that oppose the choice may be individuals who greatly support or uphold the 1st amendment rights, specifically for this situation, “the freedom of religion”. This could also be argued in favor of the decision too. In contrast, the organizations that are in support of the holiday decoration decision of Loudoun County are some civil rights activist groups in the fact that these people deserve to have the decorations they are comfortable with since they also reside in Leesburg. Also, in the case of Rick Wingrove, the organization could be an Atheist group, or of another religion that opposes the decoration. The final organization is a group that wants the separation of the church and state, and feel that the religious decor is disrupting that line. Additionally, the Supreme Court cases on the holiday decorations issue include Lynch vs. Donnelly (1984) which upheld the inclusion of the nativity scene and other similar decor on government property and ruled that it was not a violation of the 1st Amendment. Other supreme court cases that are similar to Lynch vs. Donnelly (1984) are; Utah Highway Patrol Association v. American Atheists, Inc. (2011), County of Allegheny v. American Civil Liberties Union (1989), City of Edmond v. Robinson (1996), Capitol Square Review and Advisory Board v. Pinette (1995), Board of Trustees of Scarsdale v. McCreary (1985), and Archdiocese of Washington. v. Wash. Metro. Area Transit Authority (2020).

7 References Used in Order of Answered: Problem 3 https://patch.com/virginia/leesburg/headed-for-a-lawsuit  - a public blog that details what happened in Leesburg. Used for what Virginia community faced a similar situation Answer https://www.npr.org/2011/12/24/144151483/secular-opponents-of-holiday-displays-get-creative - The National Public Radio website post that notes the Loudon County’s decision about the Leesburg nativity scene decor and the community member’s feelings afterwards. Used for what other Virginia community experienced this and how was it resolved Answer https://www.aclu.org/issues/religious-liberty/government-promotion-religion/celebrating-christ mas-america#:~:text=Religious%20expression%20is%20a%20valued,in%20private%E2%80% 94is%20well%20protected  - An organization that discusses the freedom of religion and celebrating with nativity scenes and other decorations. Used for supporting organizations Answer https://www.mtsu.edu/first-amendment/encyclopedia/case/100/religious-displays-or-symbols-onpublic-property- an educational website about the first amendment enencyclopedia written by a non-profit public policy center, “The Free Speech Center”. Used for other Supreme Court Cases Answer

Problem 4: The laws in the Code of Virginia pertaining to serving alcohol in restaurants is Title 4.1 and section 4.1-209 Wine and beer licenses; advertising. T  he agency that regulates and is in charge of distributing the licenses needed to lawfully serve alcohol at restaurants is the Virginia Department of Alcoholic Beverage Control according to the Virginia Code Title 4.1 section 4.1-111 Regulations of the Board. Furthermore, the Code of Virginia is not the sole place for this

8 information, it is also on the Virginia Department of Alcoholic Beverage Control, or The VABC’s, website from the Virginia general assembly. Additionally, there are various requirements for legally selling and storing alcohol in a restaurant. A listing of five of those criteria are followed in which all are found on the Virginia Alcoholic Beverage Control website: First, “do not sell any alcoholic beverages to any person who you know, or have reason at the time to believe, is intoxicated, and do not allow any alcoholic beverage to be consumed by such a person upon your licensed premises. Do not allow any person you know, or have reason to believe, is intoxicated to loiter upon your licensed premises any person who has drunk enough alcoholic beverages to observably affect his manner, disposition, speech, muscular movements, general appearance or behavior shall be deemed to be intoxicated”. This notes what is defined as intoxicated for individuals who have been served alcohol at your restaurant and the VABC stresses that a limit or even a refusal of drinks if a customer is displaying signs of extreme intoxication and to be aware of such signs. Then, the second requirement for serving alcohol is “persons under 21 years of age may not purchase, possess, or consume any alcoholic beverages nor may such alcoholic beverages be purchased for them”. The next requirement entails a more specific guideline, “do not give alcoholic beverages to patrons in connection with the operation of your business. This is applicable only in part to gourmet shop licensees, who should contact your special agent for further details. Wine wholesalers may participate in a wine tasting sponsored by a wine gourmet shop licensee for its customers and may provide educational materials, oral or written, pertaining thereto, as well as participate in the pouring of such wine”. The fourth rule for the business is “do not sell or deliver alcoholic beverages or allow the consumption of alcoholic beverages upon your licensed premises during restricted hours”.

9 Finally, the fifth and last criteria is “do not keep or allow to be kept upon your licensed premises any alcoholic beverage that you are not authorized to sell, and do not allow your patrons to consume upon such premises any alcoholic beverage not sold under your license. Certain exceptions apply to persons operating restaurants and those holding culinary permits or catering to certain types of private meetings and private parties. Contact your special agent for further details”. In relation to adult entertainment within the restaurants located in Virginia, the laws and regulations would be found in the local or state legislature. Typically, the information regarding the adult entertainment is held in more local rulings and policies than the state of Virginia ruling, however, the counties must follow any Virginia policy guidelines. Furthermore, the agency that is found to hold the power in these cases is the The State or county commissioner and the Virginia Alcoholic Beverage Control. The regulations state, in the West Virginia Commissioner Legislature, that persons that participate in adult entertainment as dancers or other forms of sexual activity have to be 18 years of age or older. Also, the legislature continues to phrase that, “No person or licensee may allow a person under the age of eighteen years to perform as an exotic entertainer. No person under the age of twenty-one years, other than a performing exotic entertainer, may be allowed to be in a commercial facility on any day on which any exotic entertainment is offered therein. No licensee may hold special nonalcoholic entertainment events for persons under age twenty-one pursuant to the provisions of section eight, article seven of this chapter in the licensed facility”. Also, the restaurant must have a license to provide adult dancing. However, some communities differ in the nude dancing aspect, some require coverings on the bottom part of the dancer and others state no nude dancing at all. So, it appears to depend

10 on a community, township, or county regulations and choice as well. In the factor of Federal or State Court cases, there seemed to be no Federal cases within the span of a few years instead the cases were in 1999. The first case was the City of Erie v. Pap’s a.m case which declared nude dancing as a form of a right of speech and appropriate to the 1st amendment. Next, the second case is Barnes v. Glen Theatre, Inc. (90-26), 501 U.S. 560 (1991), and that deemed a restriction on nude dancing constitutional and did not violate the first amendment. References Used in Order of Answered: Problem 4 https://law.lis.virginia.gov/vacode/title4.1/chapter2/section4.1-209/  - title and section for alcohol laws and it is a government website about the Code of Virginia. Used for what are the laws and regulations of serving alcohol in Virginia Answer. https://www.abc.virginia.gov/licenses/get-a-license/retail-licenses/on-and-off-premise  Government Virginia Alcoholic Beverage Control website that details what agency is in charge of the alcohol serving and licenses. Used for what agency is in charge of alcoholic beverage requirements Answer http://law.lis.virginia.gov/vacode/title4.1/chapter1/section4.1-111/  - Government website of the Code of Virginia about the VABC’s regulations. Used for the regulations of the agency Answer https://www.abc.virginia.gov/licenses/get-a-license/retail-licenses/on-and-off-premise-  This is the VABC’s website and it shows the regulations and laws for serving alcohol. Used for what other agencies besides the Code of Virginia are the alcohol serving laws and regulations found Answer https://www.abc.virginia.gov/library/licenses/pdfs/retail.pdf?la=en-  A VABC pdf which lists all the requirements in order to an establishment to serve alcohol to the customers. Used for list 5 requirements Answer

11 http://www.wvlegislature.gov/WVCODE/ChapterEntire.cfm?chap=60&art=4§ion=23-  A West Virginia state Legislature government website that notes the nude dancing and adult entertainment rules. Used for what are the regulations for adult entertainment in Virginia restaurants Answer https://www.law.cornell.edu/supct/html/90-26.ZO.html--  The Cornell Law School website which gives information on court cases about the nude dancing. Used for what are State or Federal Cases on nude dancing or other similar instances Answer....