Give People Access to Virginia Courts So Courts Can Be Instruments of Progress, Not Weapons of Oppression

The 2026 Virginia General Assembly passed legislation to improve Virginians’ access to our courts, but this week the Governor suggested amendments that effectively undo this good legislation. HB 449 and SB 229 allow class action lawsuits in Virginia courts — we would then join every other state in the U.S. except Mississippi. SB 83 and HB 872 allow Virginians to bring their electronic devices into courthouses (with reasonable restrictions). We call on our legislators to reject the Governor’s amendments.  

For a history of how our court system has been used as both an instrument of progress and a weapon of oppression, watch:  American Law: Instrument of Progress or Weapon of Oppression? William Lerach — A Life In The Law. The video “… explores the chasm between the ideals and the reality of the American legal system, one that promises equal access and accountability but often shields the financial elite from civil liability and criminal prosecution.”

The use of the courts to assert rights is practicable only if the potential benefits exceed the cost. Claims that are too small to cover the cost of litigation will not be pursued.  Class actions can provide a solution to this economic obstacle by gathering many individual claims together into a single lawsuit that can support the cost of litigation. If we are to have a justice system that truly seeks justice, we must provide access to the justice system to those who are not wealthy. 

The class action bills are the result of many years of work by many different groups. Previous legislation was vetoed by Governor Youngkin, and most of us expected Governor Spanberger to sign this year’s legislation. Unfortunately, the Governor re-wrote the bills in a way that effectively makes it look like Virginia is allowing class actions but puts so many restrictions on it that it just becomes an illusion. When class actions became an effective tool for people to curb huge corporate fraud and abuse decades ago, powerful interests fought back and started limiting class actions through legislation and judicial appointments. Insurance companies and huge corporate interests have engaged in decades of negative publicity around class action lawsuits. Many people have forgotten about important changes brought about by such civil rights class action suits as Brown v. Board of Education, or against corporations causing harm, such as against Purdue Pharma.  

Further, in Virginia, many courts do not allow anyone (except lawyers) to bring their cell phones into the courthouses. This is, in effect, the literal banning of people from courthouses. Many people get to court by public transportation and have nowhere to put their phones, so they must leave or risk their phones being stolen when they hide their phones in the bushes. Others rely on their phones to communicate with their family and employer while awaiting their court hearing. Many bring their evidence to the court on their phones, or need to check dates on their calendars for further hearings. By continuing to allow courts to ban cell phones, we are telling people being sued for a debt, facing eviction, or filing for a protective order that they are not welcome.  

An article in the Virginia Lawyer Magazine last year revealed the extent of the problems and inequities caused by courthouse phone policies, as outlined in a report on research conducted by law students at the University of Richmond School of Law, after surveying courts and court users. The report, and the article, recommended that the General Assembly do exactly what it did.

The legislation passed by the General Assembly requires courts to put policies into place that allow people to bring in their electronic devices with reasonable restrictions on their use. As Senator Salim said: “If I’m going to the courthouse, I took some pictures and evidence and I have all of those things on my phone or my iPad, only to find out that I’m not able to bring in my electronic devices. So now all my evidence that I took with me or that could aid me in the case is no longer relevant or available to me.” It’s not fair that the lawyers can have their phones and nobody else. Some Virginia courthouses have been allowing electronic devices for years, with reasonable policies in place to protect privacy and courtroom decorum, so we know it can be done. The Governor put a “reenactment clause” on the legislation, meaning it has to be passed again next year in exactly the same form for it to take effect. This is a veto by another name.