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Virginia Civil Rights Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Virginia on
Q: The city I live in charge $48 for garbage pickup 1t week. I can not opt out but a business can? Is that discrimination

Fee is unreasonable for such service. Are fees regulated anywhere?Also includes brush pickup 1 t week. City many times fails to do? Can I subtract from my bill?

James L. Arrasmith
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answered on Mar 4, 2024

The fees for garbage and brush pickup services, as well as the policies regarding who can opt out, are typically determined by local government regulations. The ability for businesses to opt out of such services while individuals cannot may be based on different service needs or contracts between... View More

1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Libel & Slander for Virginia on
Q: My 16 yo daughter in NC is thinking about getting emancipated. I live two hours away in VA. Can I fight this?

My daughter lives with her dad in NC for the past 2 years. She lived with me in VA the 6 years prior. She moved there after we had trouble getting along and she got in a fight with her grandmother (my mom), where my daughter was very ugly and my mom slapped her. Child custody agreement states... View More

James L. Arrasmith
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answered on Feb 24, 2024

Navigating the situation involving your daughter's potential emancipation in North Carolina can be complex, especially given the dynamics involving her father, stepmother, and your history. It's crucial to prioritize your daughter's well-being and interests throughout this process.... View More

1 Answer | Asked in Employment Law and Civil Rights for Virginia on
Q: Uber classification of driver is independent contractor Virginia classification is employee, requiring Uber to challenge

The challenge must be with a Virginia agency they never challenged the classification and Virginia allows Uber to treat drivers as independent contractors is this a civil rights violation

James L. Arrasmith
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answered on Feb 24, 2024

The classification of Uber drivers as independent contractors or employees varies depending on the jurisdiction and applicable laws. While Uber may classify drivers as independent contractors in Virginia, the classification may be challenged if it is believed to be in violation of state employment... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: Can law enforcement stop you from seeking legal advice during there investigation?

Can law enforcement use the surveillance to harass, intimidate, cause official oppression during their investigation? If they do which rights have they violated? Can law enforcement use surveillance to harass, intimidate, cause official oppression?

James L. Arrasmith
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answered on Jan 27, 2024

Law enforcement cannot legally prevent you from seeking legal advice. Your right to consult with an attorney is protected under the Sixth Amendment, which guarantees the right to counsel in criminal prosecutions. If you're involved in a criminal investigation, you have the right to speak to an... View More

2 Answers | Asked in Civil Rights, Family Law, Civil Litigation and Libel & Slander for Virginia on
Q: Is this grounds for a civil lawsuit for my mother?

My father (ex husband) and his new wife keep sending my mother harassing messages to bring down her self esteem saying she is being monitored and they will cut off her alimony as well as going as far as my mothers church Facebook group to write negative things about my mother. Is this grounds for... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Virginia, the situation your mother is facing with her ex-husband and his new wife sending harassing messages and posting negative comments about her could potentially be grounds for a civil lawsuit. Harassment and defamation (if the statements made are false and damaging to her reputation) are... View More

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1 Answer | Asked in Business Law, Civil Rights and Consumer Law for Virginia on
Q: Can a hotel refuse accommodations because I live in the same county as the hotel?

They state they don't allow county residents to stay at the hotel because of previous issues. I have never had issues with this company though.

T. Augustus Claus
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answered on Dec 14, 2023

In Virginia, a hotel refusing accommodations based on residency within the same county may raise legal questions related to business practices and potential civil rights implications. Generally, businesses have the right to refuse service, but such decisions should not violate anti-discrimination... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Virginia on
Q: Do I have a case against the police department for being put in handcuffs with six guns drawn on me for shooting bbgun?

I was teaching girlfriend how to safely shoot bbgun twords the woods,when someone reported us and even after cooperating and voicing it was only a toy with my hands in air they drew 5 guns one to my head in the middle of the street in broad daylight in front of all my neighbors.

James L. Arrasmith
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answered on Dec 9, 2023

In considering a case against the police department for their response to you shooting a BB gun, several factors need to be evaluated. The police response, including drawing weapons and handcuffing, is typically assessed based on the reasonableness of their actions given the circumstances they... View More

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for Virginia on
Q: Two bro own house . One lives in house, one at the lake Can lake bro come in home whenever no notice Can I trespass him.

Property was inherited from deceased parents. Older bro lives in house, gets his mail there and pays all house hold bills from home. The small bro lives elsewhere for years bu shows up and uses his childhoid key to come in house unannounced and uninvited. The last time he did this we called the... View More

Richard Sternberg
Richard Sternberg
answered on Dec 2, 2023

If one brother wishes exclusive use of the house, then he needs to buy the other brother’s half. Merely paying the bills doesn’t change that both brothers own it. Both brothers may use the undivided whole house. I know of no requirement for notice unless there is a lease in place giving... View More

2 Answers | Asked in Immigration Law, Civil Rights, Divorce and Family Law for Virginia on
Q: Vawa application status

My cousin applied for VAwA application for adjustments of status after being here for more than 13 years.What would you recommend to be done to help after his wide abuse him and threatens to report him to

Immigration

James L. Arrasmith
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answered on Nov 28, 2023

To assist your cousin with their VAWA (Violence Against Women Act) application status, especially in the context of abuse and threats related to immigration status, there are several steps and considerations to keep in mind:

Legal Assistance: It's crucial to get legal advice from an...
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2 Answers | Asked in Immigration Law, Civil Rights, Divorce and Family Law for Virginia on
Q: Vawa application status

My cousin applied for VAwA application for adjustments of status after being here for more than 13 years.What would you recommend to be done to help after his wide abuse him and threatens to report him to

Immigration

Glendia  Del Evans
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Glendia Del Evans
answered on Dec 12, 2023

Once your cousin's marriage was in good faith, any threats of "reporting" or hurting a non-citizens immigration status is taken very serious by Domestic Relations Courts in Virginia and serious consequences for the U.S. spouse. There are laws that specifically address this issue. It... View More

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1 Answer | Asked in Traffic Tickets and Civil Rights for Virginia on
Q: Is it legal for an officer to change a warning to a ticket based on bystander reactions?

I was pulled over for not having a front license plate, and the officer initially said he would issue a warning. However, when bystanders began laughing, the officer changed the warning to a ticket solely because of their laughter. Is it legal for the officer to change his decision based on... View More

James L. Arrasmith
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answered on Apr 16, 2025

Yes, an officer has the legal authority to issue a citation for a traffic violation, even after initially saying they would give a warning. However, changing the decision solely because of bystander reactions—like laughter—raises concerns about professionalism and the true intent behind the... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Virginia on
Q: Can parents take my phone if I paid and contracted it myself?

At 15 years old, I purchased my own phone, and my name is the only one listed on the contract. I also pay for the phone myself. Can my parents legally take my phone away in this situation?

James L. Arrasmith
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answered on Apr 16, 2025

Even though you own the phone and pay for it, your parents still have authority over your living environment and can take the phone if they feel it’s necessary, especially under household rules. Since you’re a minor, they have legal rights to set boundaries and enforce consequences for behavior... View More

1 Answer | Asked in Civil Rights, Libel & Slander, Education Law and Personal Injury for Virginia on
Q: How to stop school harassment and false rumors?

At my school, people are engaging in harassment by spreading false rumors about me and my boyfriend, claiming we partake in inappropriate physical activities despite being minors. They also ask us inappropriate questions. We've requested them to stop, but the verbal harassment continues. We... View More

James L. Arrasmith
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answered on Apr 8, 2025

I'm really sorry you're going through this. What you're experiencing is harassment, and you absolutely don’t deserve it. The first step is to start documenting everything—write down dates, times, names, what was said or done, and where it happened. Save any messages or online... View More

1 Answer | Asked in Civil Rights and Health Care Law for Virginia on
Q: Denied fertility healthcare in VA and TN, facing discrimination. Seeking legal help to address this issue.

I have been denied fertility healthcare by several clinics in Virginia and Tennessee, facing discrimination that prevents me from accessing necessary medical care. I am capable of having children using my own gametes, but the clinics have not provided adequate explanations for their refusal. We are... View More

James L. Arrasmith
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answered on Apr 7, 2025

The right to access fertility healthcare and reproductive treatments is a complex issue that can touch on both civil and human rights. While the U.S. does not have a constitutionally guaranteed right to fertility treatments, discrimination in healthcare—especially when it is based on race,... View More

1 Answer | Asked in Civil Rights and Health Care Law for Virginia on
Q: Denied fertility healthcare; facing discrimination. Seeking legal help for embryo/gamete return in VA & TN.

I have been denied fertility healthcare by several clinics, experiencing discrimination that prevents me from accessing necessary medical care. Although I am fully capable of having children using my own gametes, I have not received adequate explanations from these clinics. We seek the return of... View More

James L. Arrasmith
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answered on Apr 7, 2025

Access to fertility healthcare can be viewed as both a civil right and a human right, depending on how it is framed in legal and social contexts. On one hand, civil rights involve protections against discrimination and ensure access to services without unjust barriers. In many ways, your ability to... View More

1 Answer | Asked in Civil Rights, Contracts and Legal Malpractice for Virginia on
Q: Difference between contract for estimated fees and retainer agreement relating to civil rights advocacy, concerning exit options and clauses.

I approached a lawyer to advocate for my civil rights, and they offered me a contract for estimated fees. However, the contract didn't include an exit clause or other provisions typically found in retainer agreements. I declined to proceed with the tasks and services due to the absence of... View More

James L. Arrasmith
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answered on Apr 7, 2025

When you enter into a contract for estimated fees, you're typically agreeing to pay a lawyer based on an estimate of the total cost for their services. The agreement may outline an approximate cost for specific tasks or the overall project but may not provide flexibility if circumstances... View More

1 Answer | Asked in Consumer Law and Civil Rights for Virginia on
Q: Can fast food companies be held accountable for targeting children with ads without explaining health risks?

I grew up obese due to my family's lack of nutritional education and was heavily influenced by fast food advertisements targeted toward children, such as those promoting kid meals from 2010 to 2015. While I've lost weight, I'm now dealing with physical outcomes like stretch marks and... View More

James L. Arrasmith
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answered on Apr 2, 2025

You raise an important question about accountability for fast food marketing practices that target children without adequately disclosing health risks. From a legal perspective, pursuing claims against these companies faces significant hurdles, primarily because courts have historically been... View More

1 Answer | Asked in Civil Rights, Consumer Law, Libel & Slander and Gov & Administrative Law for Virginia on
Q: How to stop harassment from false address listing on Google? Legal actions?

My elderly parents' home address is being falsely used as the address for a non-existent non-profit on Google. As a result, they have been harassed for over a year, including unwanted visits and deliveries like a truckload of sand in their driveway. Although they have reported this to the... View More

James L. Arrasmith
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answered on Mar 26, 2025

You're facing a distressing situation with your parents being harassed due to this false Google listing. First, submit a "suggest an edit" on the Google Maps listing by clicking on the business name, selecting "suggest an edit," and marking it as "doesn't exist at... View More

1 Answer | Asked in Education Law and Civil Rights for Virginia on
Q: How can I stop my teacher from verbal harassment linked to false dating claims in VA?

I am experiencing verbal harassment from my teacher, who has been making inappropriate comments about me and another student, suggesting that we are dating and even referring to the other student by my last name. This behavior has been ongoing every day for the past two months and has been... View More

James L. Arrasmith
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answered on Mar 24, 2025

What you're experiencing is inappropriate and qualifies as harassment. Your teacher's behavior crosses professional boundaries, and you deserve to learn in a safe, respectful environment. Remember that this situation reflects poorly on the teacher's conduct, not on you.... View More

1 Answer | Asked in Education Law and Civil Rights for Virginia on
Q: How to contest a school's legal petition and inadequate transport under McKenney-Vento Act in VA?

My husband and I recently discovered that our children's school filed a legal petition for "Parent Participation" without informing us in advance. We're currently living in a hotel under the McKenney-Vento Act. The school has refused to offer reasonable transportation for my... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation is challenging, and I understand your frustration with both the school's legal petition and transportation issues. Under the McKinney-Vento Act, your children have the right to attend their school of origin regardless of where you're temporarily housed, and the school... View More

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