Who's Gonna Check Me, Boo?

Virginia's Patter of ADA Violations and Taxpayer Waste

When the Real Housewives line “Who’s gonna check me, boo?” first hit TV, it was meant as shade — a clapback to remind people who held the 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 an individual with a disability asks for something simple, every time taxpayers demand accountability, Virginia smirks back: “Who’s gonna check me, boo?”

Because here’s the thing: instead of doing the right thing, Virginia does the expensive thing. Instead of providing an accommodation that costs nothing — like remote access to a hearing — the state hires outside counsel, burns taxpayer money, and drags people through federal court. And this isn’t new, or unique to me. Virginia has a long, documented pattern of ADA violations and settlements stretching across healthcare, education, corrections, and local government.

Virginia’s Track Record of ADA Settlements & Court Orders

• 2009 – The Arc of Virginia v. Kaine (DOJ Amicus Brief)

  • Issue: Plan to build a 75-bed institution (SEVTC) despite residents being eligible for community services.

  • Outcome: DOJ opposed Virginia’s motion to dismiss, citing Olmstead. Court confirmed the risk of unnecessary institutionalization itself violates the ADA.

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

  • Issue: Developmental disabilities system.

  • Outcome: 12 years of DOJ oversight, ending in Jan 2025 with a permanent injunction to maintain ADA protections.

• 2020 – U.S. v. Caroline County (Commissioner of Revenue)

  • Issue: Employment discrimination (respiratory impairment).

  • Outcome: $75,000 settlement; county required to revise policies, train staff, and adopt interactive accommodation processes.

• 2022 – Seaman v. Commonwealth of Virginia (Mask Injunction)

  • Issue: Schools / immunocompromised students.

  • Outcome: Federal court enjoined enforcement of mask opt-out law; confirmed ADA requires case-by-case accommodations in schools.

• 2024 – DOJ Investigation of Virginia Beach (DJ 204–79–366)

  • Issue: City services & facilities.

  • Outcome: DOJ settlement required systemic accessibility fixes under Project Civic Access.

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

  • Issue: Department of Corrections.

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

• 1990s (classic) – Clark v. VA Board of Bar Examiners

  • Issue: Licensing / mental health disclosure.

  • Outcome: DOJ argued mental health questions on bar applications violated the ADA; set precedent for limiting disability-based licensing barriers.

A Pattern of “Do Nothing Until Forced”

Look at that list. Healthcare. Prisons. Schools. Local governments. Even the bar exam. Every sector, every decade, the Commonwealth has been caught violating the ADA.

Each time, it takes federal oversight, a lawsuit, or a settlement to force change. And each time, Virginia behaves as if the lesson never applies to them beyond that one case.

The pattern is clear: rather than building systems of access, Virginia waits until someone drags them back into court. It’s “who’s gonna check me, boo?” on repeat — and the answer, time and again, is the taxpayers who foot the bill.

The Workers’ Compensation Commission Problem

Now, it’s happening again — this time in the Virginia Workers’ Compensation Commission. Unlike the state courts, which at least publish ADA policies and designate coordinators, the Commission has no ADA coordinator, no published policy, and no neutral process for accommodation requests.

Whether you get access depends entirely on which deputy commissioner you draw.

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

What makes this even more absurd is that Virginia already uses remote participation all the time — even for people with no ADA needs. It’s routine in hearings and proceedings. I only learned this when I finally found an attorney licensed in Virginia who told me outright: this should not be an issue, because hearings are done remotely all the time.

So this isn’t about technology, feasibility, or cost. Virginia already does it. The problem is that when I, as a disabled litigant, asked for the same access routinely given to others, the Commonwealth said no. Then it spent taxpayer dollars to hire outside counsel and fight me in federal court.

That’s not about logistics. That’s about arrogance.

Why It Matters

Virginia keeps daring someone to hold it accountable. From institutions to prisons to schools to local governments, the pattern repeats: deny rights, fight in court, waste public money, and only change when forced.

The question isn’t whether Virginia can provide accommodations. It already does, every day, for people with no ADA needs at all. The question is why, when a disabled person asks, the state’s first answer is to dig in, deny, and hire lawyers instead of just saying yes.

Taxpayers deserve better. People with disabilities deserve better. Our courts deserve better. And Virginia should stop acting like compliance is optional.

Call to Action

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, and anyone who believes that disability rights are civil rights.

👉 Here’s what you can do:

• Share this story to raise awareness.

• Ask your elected officials what they’re doing to enforce the ADA and protect taxpayer dollars.

• Support disability rights organizations who hold governments accountable.

• Speak up when you see rights denied — silence only fuels the cycle.

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Because the truth is simple: rights mean nothing without accountability.