Virginia House Bill HB2352

Virginia 2023 Regular Session

• Introduced: 1/13/23
• Refer: 1/13/23

Caption

Hate symbol defacement; removal by localities from any public buildings, etc.

Impact

By allowing localities to take direct action against hate symbol defacement, HB2352 aims to enhance community safety and welfare. It empowers local governments to better maintain public aesthetics and ensure that spaces are free of symbols that can incite discrimination or violence. The obligation for property owners to address defacement—as enforced by local ordinances—means that communities can proactively manage public spaces and uphold social norms that reject hate speech and imagery.

Summary

House Bill 2352 is an amendment to the Code of Virginia that grants localities the authority to remove or repair hate symbol defacement on public and private properties visible from public rights-of-way. The bill specifically defines 'hate symbol defacement' as any unauthorized markings intended to intimidate or harass individuals based on various identifiers such as race, religion, gender identity, and more. This legislative change stipulates that local governments must enact ordinances to carry out these removals and repairs, laying down a clear process for enforcement and actions required from property owners.

Contention

One notable aspect of HB2352 is the potential pushback from property owners who may feel burdened by the obligation to remove defacements or be subject to costs incurred by localities for such actions. Critics may argue that this bill could lead to disputes over the definitions and interpretations of hate symbols, as well as concerns about local governments overstepping their bounds in managing private properties. Furthermore, there may be discussions around how local government actions could disproportionately affect certain communities or lead to increased tensions regarding civil liberties.