VIRGINIA - Virginia Gov. Abigail Spanberger has vetoed legislation that would allow the Fairfax County Board of Supervisors to call a referendum vote on a casino in Tysons Corner.
The casino plans have been a point of controversy for the county.
What we know:
This now means that, regardless of the Board’s explicit opposition, they are not able to make the decisions on gambling. The governor says she is going against the bill because it would set a precedent.
She also reiterated her belief that a statewide independent commission is needed to regulate gambling in Virginia.
"Local governing boards should lead on proposed casino development, as has happened in every locality that now has a casino," Spanberger said in a statement. "But in Fairfax County, the Board of Supervisors has explicitly opposed this legislation, and an overwhelming majority of the General Assembly members who represent Fairfax voted against it."
The backstory:
Spanberger says that since the General Assembly first authorized casinos in 2020, all of the five cities where they now operate — and the one where multiple local referendums failed — have actively sought the authority to hold referendums .
The existing law requires that once the General Assembly asserts a locality is eligible for a casino — as Senate Bill 756 does for Fairfax County — the local governing body must petition the court for a referendum.
This process worked for the six localities that wanted to hold casino referendums, but in the case of a locality where the local governing body opposes such an effort, the impact of this legislation is to supersede local authority.
Dig deeper:
The governor says the legislation would further restrict local decision-making by enabling state legislators to assign the specific location of the casino.
"In no other circumstance has the General Assembly prescribed specifications for a casino’s location," said Spanberger. "This effectively precludes local input and eliminates local decisions. While this legislation specifically affects only Fairfax County, it would set a precedent to bring casino referendums to other localities where the local governing board may similarly oppose such an effort."
She also adds that while gambling has expanded in recent years in Virginia, the Commonwealth continues to lack a statewide entity to regulate the industry.
"I remain deeply concerned about the continuous efforts to expand gaming across Virginia without a single, independent, and dedicated entity responsible for regulating all legal forms of gaming across the Commonwealth," Spanberger added. "A unified regulatory structure is essential to ensuring transparency, accountability, safety, and public confidence. I am committed to working with the General Assembly moving forward to ensure that communities across the Commonwealth remain safe, prosperous, and healthy."
Official statement:
The Governor’s official veto statement for Senate Bill 756:
Pursuant to Article V, Section 6 of the Constitution of Virginia, I veto Senate Bill 756 as it would strip the Fairfax County Board of Supervisors of control over the local approval process, require the county to set a referendum, and set a broader precedent.
Per existing law, once the General Assembly decides a locality is "eligible" for a casino regardless of the locality’s preferences, the local governing board has a non-discretionary, ministerial duty to adopt a resolution and petition the court to hold the referendum. Therefore, local governing boards should lead on proposed casino development, as has been the prior standard and process. Senate Bill 756 would effectively change this standard and eliminate local control.
While this legislation only affects Fairfax County, it would set a precedent that could be used to bring casino referendums to other localities where the local governing boards may similarly oppose such efforts.
Accordingly, I veto this bill.