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Civil Procedure – Mandamus – Business License – Tattoo Studio – Protected Speech
A tattoo studio that has petitioned the court for a writ of mandamus to require the city to issue it a business license has its First Amendment claim dismissed by the circuit court because tattooing itself is not protected speech, but the circuit court overrules the city’s demurrers to the studio’s equal protection and Dillon…
Tattoo parlor can enforce noncompete for 5 years
By Paul Fletcher, Publisher & Editor-in-Chief A tattoo parlor owner can enforce a noncompete agreement that prohibits a lessee from competing against him within 150 miles and for five years after termination of the lease, an Isle of Wight Circuit judge has ruled. The case is perhaps the first in the country to enforce a…
MARK DOUGLAS ROADCAP v. COMMONWEALTH OF VIRGINIA
Trial court did not err in excluding evidence of prior accusations of sexual abuse or in allowing child victim and child witness to testify via two-way closed-circuit television where they were not able to see appellant personally; appellant?s confrontation clause rights not violated…
Avoid religious discrimination liability while hiring
What do you do if a job candidate walks into an interview wearing a hijab, yarmulke or cross? You may have no intention of discussing religion during the interview, yet the candidate’s headwear, facial hair, jewelry or tattoos may raise questions about his or her religious beliefs. How do you avoid possible liability for religious…
Tips to avoid religious discrimination liability while hiring
What do you do if a job candidate walks into an interview wearing a hijab, yarmulke or cross? You may have no intention of discussing religion during the interview, yet the candidate’s headwear, facial hair, jewelry or tattoos may raise questions about his or her religious beliefs. How do you avoid possible liability for religious…
Judges learn what brain research can tell us about decision-making
VIRGINIA BEACH — Data streams in, the wheels turn, decisions are made. Day in and day out, judges have to decide: Who ran the red light, who gets custody, who’s telling the truth. Gut instincts help, but judges know training helps temper those instincts. When a group of Virginia district court judges planned training sessions…
Man who killed fellow inmates executed
JARRATT (AP) A man who strangled his prison cellmate and made good on a vow to continue killing if he wasn’t executed was put to death last Wednesday in Virginia’s electric chair. Robert Gleason Jr., 42, was pronounced dead at 9:08 p.m. at Greensville Correctional Center. He became the first inmate executed in the U.S….
Civil Practice – Zoning – Mandamus – Tattoo Parlor
Although an applicant for permits to operate a tattoo parlor in Virginia Beach contends it was entitled to a writ of mandamus to require approval of its business because it had complied with all pertinent zoning ordinances, the trial court did not err in denying a writ of mandamus to require the city zoning administrator…
Fingerprint Examiner Has Qualified Immunity
Although a police fingerprint examiner erred in matching fingerprints at the scene of a Fredericksburg burglary to prints at a Smith Mountain Lake vacation home that had been burgled, a Franklin County investigator reasonably relied on the detective’s assessment to have plaintiff arrested, and the examiner was not reckless in failing to have his analysis…
ROADCAP v. COMMONWEALTH
Trial court did not err in excluding evidence of prior accusations of sexual abuse or in allowing child victim and child witness to testify via two-way closed-circuit television where they were not able to see appellant personally; appellant?s confrontation clause rights not violated…

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