Why Does the State of Virginia Always Say, “Who’s Gonna Check Me, Boo?”

From ADA violations to taxpayer waste, Virginia keeps daring someone to hold it accountable.

When the Real Housewives line “Who’s gonna check me, boo?” first hit TV, it was shade — a reminder of who held power in the room. But the more I dig into Virginia’s record on disability rights, the more I realize that’s exactly how the Commonwealth operates.

Every time the ADA comes knocking.

Every time a person with a disability asks for something basic.

Every time taxpayers demand accountability.

Virginia smirks back: “Who’s gonna check me, boo?”

Virginia Chooses the Expensive Option — Every Time

Instead of doing the right thing, Virginia does the expensive thing.

Instead of granting accommodations that cost little or nothing — like remote access to a hearing — the Commonwealth hires outside counsel, burns taxpayer money, and drags people into federal court.

And this isn’t new. It isn’t personal. And it certainly isn’t unique to me.

Virginia has a long, documented history of ADA violations, settlements, and federal oversight spanning decades and nearly every sector of government.

Virginia’s Documented ADA Track Record

Here is just a snapshot of cases and settlements showing the pattern:

• 2009 – The Arc of Virginia v. Kaine

  • DOJ opposed Virginia’s plan to build a 75-bed institution despite residents qualifying for community services. DOJ warned that risk of unnecessary institutionalization itself violates the ADA (Olmstead).

• 2012–2025 – DOJ v. Commonwealth of Virginia (DBHDS)

  • Twelve years of federal oversight over Virginia’s developmental disabilities system, ending only after a permanent injunction to maintain ADA compliance.

• 2020 – United States v. Caroline County

  • $75,000 settlement for employment discrimination against an employee with a respiratory disability; policy changes and staff training required.

• 2022 – Seaman v. Commonwealth of Virginia

  • Federal court blocked Virginia’s school mask opt-out law, reaffirming that ADA requires individualized accommodations, not blanket rules.

• 2024 – DOJ Investigation of Virginia Beach (Project Civic Access)

  • DOJ settlement requiring the city to fix systemic accessibility failures in public facilities.

• 2024 – National Federation of the Blind of Virginia v. VADOC

  • Settlement guaranteeing blind inmates equal access to materials and services.

• 1990s – Clark v. Virginia Board of Bar Examiners

  • DOJ challenged mental-health disclosure questions on bar applications, shaping national ADA precedent.

Healthcare.

Schools.

Prisons.

Licensing.

Local government.

Different decades. Same behavior.

Each time, Virginia resists. Each time, it takes federal intervention to force compliance. And each time, Virginia acts as if the lesson applies only to that one case — never systemwide.

The Pattern: Deny, Fight, Waste, Repeat

Rather than building accessible systems, Virginia waits to be sued.

Rather than preventing harm, it reacts only when dragged into court.

And who pays for this arrogance?

Taxpayers.

Millions spent on outside counsel.

Years lost to litigation.

People with disabilities harmed in the meantime.

It’s “Who’s gonna check me, boo?” on loop.

Now It’s Happening Again — at the Workers’ Compensation Commission

This same pattern is playing out at the Virginia Workers’ Compensation Commission.

Unlike state courts — which at least publish ADA policies and designate coordinators — the Commission has:

• No ADA coordinator

• No published ADA policy

• No neutral accommodation process

  
  

Access depends entirely on which deputy commissioner you draw.

In my case, that meant being ordered to appear in person before the very official I’ve sued in federal court for ADA violations — a scenario that is unsafe, biased, and fundamentally unfair.

The Absurdity: Virginia Already Uses Remote Access

What makes this indefensible is that Virginia already conducts hearings remotely all the time — even for people with no ADA needs.

I only learned this after finally finding an out-of-state attorney licensed in Virginia who told me plainly:

“This should not be an issue. Remote hearings happen routinely.”

So this is not about technology.

Not about cost.

Not about feasibility.

It’s about power.

When nondisabled participants use remote access, it’s routine.

When a disabled litigant requests the same access, Virginia digs in — then hires lawyers to defend the denial.

That isn’t logistics.

That’s arrogance.

The Real Question

The question isn’t whether Virginia can provide accommodations.

It already does — every day.

The question is why, when a disabled person asks, the response is to deny, delay, and litigate instead of simply saying yes.

Who’s Gonna Check Virginia?

Taxpayers deserve better.

People with disabilities deserve better.

Our courts deserve better.

Virginia should stop acting like ADA compliance is optional.

So I’ll end where I started:

Who’s gonna check me, boo?

In Virginia’s case, the answer should be all of us — taxpayers, advocates, federal courts, journalists, and anyone who believes that disability rights are civil rights.

And this time, the check is overdue.