2011.01.14
Is state funding for Center in the Square unconstitutional? Part 3
If you’re new to this discussion, here’s the background: When times are good, Virginia’s state budget often includes money for various “non-state agencies” — often, but not always, arts groups. In the Roanoke Valley in times past, virtually every arts organization you can think of has gotten some money. When times are bad (like they are now), that money dries up.
For some time, conservative activist Norm Leahy of Henrico County has been making the case that, whether times are good or bad, the state constitution explicitly forbids the state from funding “charitable organizations.” (And all these groups are, technically, charities — 501c3s, to use the official IRS lingo.)
He’s persuaded Del. John O’Bannon, R-Henrico County, to ask for an “informal” attorney general’s opinion from Ken Cuccinelli on whether such funding is constitutional.
Or, put another way, is state funding of Center in the Square (or the science museum, or the art museum, or Mill Mountain Zoo, take your pick) unconstitutional?
We’ve had two posts already as we explore that topic — you find the first one here, and the follow-up here.
In the course of researching the topic, I came across a story I wrote on the topic of state funding for these groups way back in January 1990 that sheds some light on how such funding got started.
We share it here as a “from the archives” special:
When Roanoke Valley legislators met for dinner with Center in the Square officials at the Library restaurant Oct. 6, some of the politicians were flabbergasted at the prices – but not the ones on the menu.
Instead, they were stunned by how much the Roanoke Valley’s growing wish list of special projects will cost.
At the Library dinner, Center in the Square officials made their pitch – $3 million for the downtown arts complex and two of its member organizations.
Once the legislators had digested that figure, they talked about other valley cultural groups hoping to dip into the state treasury: The Virginia Transportation Museum wanted $484,000; the city was asking for $1 million to renovate the old Jefferson High School into an arts center; Mill Mountain Zoo wanted $100,000 to build a cage for Ruby, the Siberian tiger.
Finally, they turned to the valley’s most expensive pet project – the proposed Explore living history state park. How much will that be asking for? someone asked.
Sixteen million dollars, Del. Richard Cranwell replied. With that, other legislators looked up from their meals and started exchanging glances.
In all, Roanoke Valley groups are seeking more than $20 million from the General Assembly this year, at a time when the state is facing an unexpected fiscal crisis that has already forced Gov. Gerald Baliles to order budget cuts and a freeze on state building projects.
Until the late 1970s, such state largesse as that sought by valley cultural groups was unheard of in fiscally conservative Virginia. But with the state budget doubling in size under two Democratic administrations during the 1980s and routinely running surpluses (at least until now), it has become almost customary for senior legislators to hand out state money to special projects back home.
“Some of which have some true value, some of which you would have to look at fairly hard to see if it had any value,” said Del. Steve Agee, R-Salem. “I think if you mailed every taxpayer a detailed list, just the volume of the recipients would make the public very suspicious of pork barrel.”
The current two-year state budget includes more than $80 million for 134 such goodies, ranging from $19.4 million for the Virginia Museum of Fine Arts in Richmond and $8.9 million for the Jamestown-Yorktown Foundation to $1,500 for the Thornrose Cemetery in Staunton to restore a pavilion.
Virginia, obviously, is keen on culture and high on history: The state provided $105,000 for the restoration of no fewer than four historic homes in Petersburg and $12,500 for the Frontier Culture Museum of Virginia at Staunton to move a historic eight-sided barn from Bridgewater.
It set aside $90,030 to care for Confederate graves, $15,000 to build a museum about a coal mine disaster in Tazewell County, and $5,000 for the 29th Division Association to build a monument to Virginia National Guardsmen who stormed ashore on D-day.
In all, the state helped pay for some 85 local history museums and historical sites, from the Jones Point Lighthouse in Alexandria to an early railroad passenger car on display in Big Stone Gap, and more than a dozen arts complexes, from the well-known Chrysler Museum in Norfolk to the less-well-known William King Arts Center in Washington County.
Science and sports weren’t neglected, either: The state spent $8.8 million to set up the Virginia Museum of Natural History in Martinsville, $5 million to set up the Virginia Air and Space Center in Hampton, $175,000 to launch the Virginia State Games this summer in Roanoke and $45,000 to run the Virginia Sports Hall of Fame in Portsmouth.
Other expenditures escape immediate classification, such as the $450,000 for improvements at the Front Royal 4-H Center.
For many of these groups, state money is indispensable.
“We couldn’t do without that support,” said Stan Brosky of the Virginia Museum of Transportation in Roanoke, which counts on the state for one-third of its budget. “We all depend very much on state support of cultural affairs. It’s very important to tourism, and to economic development, because cultural facilities create an environment for businesses to locate or relocate.”
Now, though, state funding for such projects has become a target.
In last fall’s campaign, a half-dozen GOP House of Delegates candidates around the state singled out funding for two projects – Explore and the air and space center in Hampton – as examples of pork-barrel spending they’d like to do away with.
And, with a budget crunch on the way, some key Democrats have started to question whether the state should spend so much money on local cultural and historical facilities.
State Sen. Buzz Emick, D-Fincastle, a member of the Senate committee that handles the budget, complained that “museums and museum-like projects” are one reason the state now faces a fiscal crisis.
Del. Vic Thomas, D-Roanoke, a member of the House committee that works on the budget, thinks the easy money days may be over. “It’s going to be real hard to do some of these things,” he said. “It’s not going to be a session anybody is looking forward to, especially for everyone who’s got some special projects.”
Cranwell, D-Vinton, is more optimistic. He notes that the state has $700 million more to spend than two years ago, so even with increased spending necessary for mental health, education and prisons, there should be enough money for many local projects to get what they have in the past.
Still, some legislators are passing the word that hometown projects shouldn’t count on even that. “I don’t think there’s going to be much money for the goodie package this time,” Emick warned.
It’s a prospect that has some museums worried: “At this point, we’re just hoping to hang on to what we’ve got,” said Gail Gregory of the Virginia Museum of Natural History.
When Ray Garland first went to the General Assembly in the 1960s, “there was a very short list of projects and they came in for very small money,” the former Republican legislator from Roanoke recalled. The one he remembers most was the annual appropriation to the United Daughters of the Confederacy to keep up Rebel graves around the state; some cemeteries cost only $20.
It wasn’t until the late 1970s – about the time Roanoke leaders were looking to the state for help in building Center in the Square – that the state started funding local projects in a big way.
“Bill Hopkins figured out how to do it,” said Del. Chip Woodrum, D-Roanoke, referring to the former Senate majority leader from Roanoke. “He worked it out so we got the first money ever for something like that.”
Part of it was simple marketing.
“Before Center in the Square, the Virginia Museum [in Richmond] was pretty much it,” Woodrum recalled. “Everybody said, `Well, that’s the Virginia Museum.’ So everybody got wise. Instead of the Roanoke Science Museum, it’s the Science Museum of Western Virginia. Instead of the Roanoke Transportation Museum, it’s the Virginia Transportation Museum.”
But a larger part of it was the raw art of the deal.
Even after Hopkins was defeated for re-election in 1979, he continued to work behind the scenes for state funding for Roanoke’s arts and science complex.
“Hopkins had that sucker greased and he wasn’t even a member,” Woodrum recalled. “He’d get off the airplane and get there at 7:30 in the morning. He knew I was an early riser, so he’d come to my office. He’d sniff the air in Richmond and by the time he got to my office he’d tell me what was going on.”
Hopkins’ pull was legendary. Woodrum recalls that on the final day of one legislative session, Senate Majority Leader Hunter Andrews of Hampton presented him with an unexpected treat. “He said, `I’m just letting you know you got $50,000 more for Center in the Square than you asked for. I got another $50,000 for the Peninsula Science and Nature Center and I always had an agreement with Bill Hopkins they’d get the same amount.’”
Garland recalls a different version of how the state first put up money for Center in the Square. It involved Ed Willey, the Richmond senator who was then Finance Committee chairman, and Hunter Andrews.
“They couldn’t stand Bill Hopkins,” Garland said. “They put the money in to please Jack Hancock [the Roanoke industrialist who was one of the center's benefactors and a major contributor to political campaigns]. When I related this to [Gov.] John Dalton, he said, `I wish I had known Jack wanted this; I’d have put it in the budget.’”
Hancock had been the second-biggest contributor to Dalton’s gubernatorial campaign.
In any event, the state put up $1.4 million for Roanoke’s . . . er, Western Virginia’s . . . science museum in 1980 and $2.6 million for Center in the Square in 1982 – and other cultural facilities soon began looking for ways to justify major state funding.
It was under Baliles, though, that state funding for hometown projects mushroomed.
Garland faults Baliles for having “a Louis the 14th complex of wanting to be a builder.”
Certainly Baliles liked to build coalitions. Emick contends Baliles parceled out state money for local pet projects as a way to cement legislative support for his other spending programs. In his first budget in 1988, Baliles increased what Gov. Charles Robb had set aside for museums and other local projects by 142 percent. Only two other parts of the budget increased more.
Aside from the appropriations for the Virginia Museum of Fine Arts and the Jamestown-Yorktown Foundation, two projects sacrosanct to Virginia’s old-money eastern establishment, the three biggies that year were $6 million for Explore, $5 million for the air and space center in Hampton and $5 million for the natural history museum in Martinsville.
It’s no coincidence that those projects just happened to be in the back yards of three very powerful legislators – Cranwell, Andrews and House Speaker A.L. Philpott of Henry County.
That’s when the grumbling started.
Republicans – led by Del. George Allen of Charlottesville – tried to strip the money for Explore and the air and space center from the budget and use it for education. They were voted down. The GOP made no effort to take on the natural history museum. Allen jokes that he’s brave enough to challenge Cranwell and Andrews, but not foolish enough to take on the speaker.
State Sen. Granger Macfarlane, D-Roanoke, also tried to cut the Explore money that year. He, too, was voted down.
Garland marvels at how Explore funding was so invulnerable to attack: “Macfarlane has been critical. Even Emick has been critical. You’d think if the local state senators were against it, they’d chop it out, but no. Once you get plugged in, you won’t get unplugged.”
That’s because these projects aren’t funded as much on their own merit as to satisfy political deals, Garland contends. “There are so many people with a finger in the pie, they can’t say no. They’re not going to take money out because then it all comes unraveling.”
Garland, who pines for the simpler days, sees a disturbing trend in state funding for local historical and cultural projects.
“It’s now what is driving our politics in so many constituencies,” he said. “People in Virginia Beach say, `We want an arts center and having a Democratic state senator will better help us get money for it.’ If a Republican ever ran against Chip Woodrum or Vic Thomas, the first thing they’d say would be, `They can’t get money for Center in the Square,’ or whatever.”
Emick also sees some elitism at work. He contends spending on museums, arts centers and various historical sites has come at the expense of more populist, and more heavily used, attractions – such as state parks.
“There are a whole lot more people who like to hunt and fish,” he said, “and they don’t give a damn about museums.”







Strikes me as odd why there is no more interest in this item. Seems like a seriously interesting topic. Guess all the arm chair experts as wasting their time over at Dirty Dan’s blog and Sports Bar. Of course this is a specific legal question and I suppose all the arm chair “lawyer’s” are keeping low for now.
Comment by Al — January 14, 2011 @ 9:49 pm
Al, thanks for your interest.
Yes, I’m curious, too, about the lack of discussion on this topic. As soon as I heard about this, my ears perked up because the implications seem pretty big. And I don’t want to sound like Justice Scalia (since I’m certainly not a lawyer), but a plain reading of the state constitution on this seems to me, um, well, pretty plain. I’m surprised this hasn’t come up before. When I asked Norm Leahy (who set all this in motion) why it hadn’t, he was surprised, as well.
His exact response:
“Why hasn’t anyone questioned this practice? I’m as puzzled as you are. A hardened cynic might answer it’s because no one has read the state constitution.
“But a more generous response might be that with the larger concern about spending — state and federal — and particularly the hue and cry over federal earmarks, the questions were inevitable.”
– Dwayne Yancey, senior editor
Comment by Dwayne Yancey — January 14, 2011 @ 10:01 pm
“But with the state budget doubling in size under two Democratic administrations during the 1980s”
There is the source of the problem of this entire mess the state is in today. The only reason there was a surplus at all was because the lottery had been instituted, Baliles had gotten an increase in the sales tax through, and the Federal government had removed alot of deductions from taxable income (like car interest, etc) and the state form follows the Federal form as its basis. That was a windfall for the state without the state having to pass a tax increase.
Dickie Cranwell was one of the worst expansionists of government spending. He probably had no shame at all asking for 16 million for that boondoggle that was Explore Park. After all, his buddy, Bern Ewert had adopted it as his baby.
Comment by Bob H — January 15, 2011 @ 8:34 am
An assistant attorney general once told me that the only difference between an “informal” attorney general’s opinion and bathroom tissue is the number of plies.
Comment by Deskwarfare — January 15, 2011 @ 8:40 am
In the amount of time that Tea Party and conservative Republicans waste by hollering and screaming on a daily basis about, in their own biased judgments, what the United States Constitution and the 50 state’s and their Constitutions have to say, the Chinese steal another one million American jobs, build another train that goes 300mph, another 120 floor skyscraper, 100 more power plants, and 5 year olds work calculus problems 10 times quicker!
Is this rocket science to wonder why some Republican, Tea Party-conservatives in the State Legislature from east of Charlottesville would want the state to not give anything south and west of Richmond any money? I never read in the VA Constitution where it says the streets should be plowed at state taxpayer expense of the snow? I am sure that the Henrico Republican state legislators would also argue that everybody west and south of Richmond could use a horse and sleigh to travel around in the snow.
Roanoke Valley delegation, tell those Henrico legislators to put down the kool-aid for awhile.
Comment by William Bova — January 16, 2011 @ 2:20 pm
You guys have done a good job presenting this issue. Sorry ’bout my initial comment in which I expressed doubt you would do further follow-up. Clearly, I was wrong. Presonally, I feel the answer to this could have some significant consequences, esp if the decision and opinion is that such contributions ARE unconstitutional (and the GA fails to change it). Nice job. Let’s see what happens.
Comment by Al — January 16, 2011 @ 4:28 pm
Honestly, I think this IS a big enough issue that it should run in the paper. Collect all that you have put together and present it to the people and then I bet we would get the interest in it that a lot of think it deserves. It is very well put together and it really got me thinking about the issue. It has nothing to do with whether you agree with funding for the arts or charity, etc. It brings it into a purely constitutional and legal issue. People are really gonna have to put aside emotion and really look at this from that approach.
Comment by belle — January 17, 2011 @ 9:21 am
I wrote a story on the issue that ran in the paper yesterday.
- Mason Adams, staff writer
Comment by Mason Adams — January 17, 2011 @ 9:42 am
Nice! I didn’t read the paper yesterday
But hopefully something will come of this and the discussions will open up more.
Comment by belle — January 17, 2011 @ 10:14 am
belle, you are correct! Isn’t it sort of fun to have an issue that fundamentally is neither left or right. A pure question of constitutionality some people like Bova just don’t seem to understand. For further comment however, Bova should realize that along with general mandates provided by a constitution which enable a government to do things like provide for snow removal, there are specific prohibitions as well. If snow removal was specifically prohibited, then it would be unconstitutional.
Comment by Al — January 17, 2011 @ 1:43 pm
Listen Al, you have no idea what I do and do not know about The United States Constitution, or the State of VA Constitution. Take your blood libel somewhere else, and plow your own snow off your streets.
Comment by William Bova — January 17, 2011 @ 10:20 pm
Well, seems like we struck a tender spot! So…. I’ll strike again. You know why American kids cannot do calculus and Chinese kids can? Two things. One is the failure you libs have brought upon the educational system. Liberals have been running the schools and universities for generations now and look what we have…a total WRECK. Secondly, “Asian” culture has deep roots in traditions and values. Their culture prepetuates both and places extreme importance on the maintenance of those over generations. Your liberal puke promotes abandonment of values and traditions. Funny that all the attention that the book “Tiger Mom” happens to be getting right now. Even funnier that the mom is taking lots of heat for driving her kids to the level of success they have and probably will continue to experience. When you learn to read, maybe you should read it.
And about that Chinese economy. It, Bully Bill, is a direct result of the labor market in China. Labor is cheap. Labor is a commodity. Business has been driven away from high cost labor markets like we have in the US, thanks in large part to the liberal influence in govt and unions. (And take a look at all the failings is the liberal unionized European nations now as well.) China has no unions. China has no minimum wage, no requirement to provide health care, no unemployment benefits, no sick days, no time off for jury duty, no “family leave” provisions. The list is quite long. It’s really funny almost. Communism promotes the good of “the people”, right. China sort of has maintained a Communist philosophy to support the government on the backs of the people. I know, I know. They don’t enforce child labor laws either but the do have them.
BTW, Billy, I suggest you switch to de-caf and pop a few blood pressure pills. Please excuse me now. I have to go to work to help pay your social security/medicare/medicaid/unemployment”insurance”/food stamps/housing allowance/transportation/heating bill/cell phone. When are your kind going to petition congress for free cable TV?
Comment by Al — January 18, 2011 @ 9:47 am
#12 My kid can do calculus and he’s not Chinese.
Comment by gdad — January 18, 2011 @ 10:48 am
SAy Bova, you might check out CNN this week. Apparently they are doing a week long focus on China. Just a few tidbits from today’s mid day program. One I knew, the other I did not but it comes as no surprise.
1. China subsidizes Chinese businesses when they export goods with some form of government payment. No surprise.
2. China does not enforce US patents or copywrights. Thus intellictual property which has value in just about every country is worthless in China. Everyone knows that!
Just two more ways the Chinese govt works with Chinese business. Oh yeah, the business owner interviewed mid day says his employees average $25/hour. Chinese workers in the plant that is reproducing his patented product with support of the govt earn $0.30 an hour….that’s 30 CENTS. Now, if he wants to take his production over there and form a partnership with the govt he can enjoy those same benefits.
BTW,as to you comment that “I don’t know who you are”. Is that like maybe I should be fearful of you and “better watch out” or you’ll get me? Or maybe that you are so big, powerful and important that you can “cause me a lot of problems”? OR maybe that my anti virus program will slip up and let you enter my computer and you are going to pop out of the screen and open a can of whoop ass on me?????
Jeezzzz. I guess I better watch out!
Comment by Al — January 18, 2011 @ 3:13 pm
#14 Getting a little weird there, Al? Nowhere does WB say you don’t know who he is. He DOES say you don’t know what he does and doesn’t know about the Constitution. Doesn’t read anything at all like a threat of any kind. Popping out of your computer? Better check what kind of cigarettes you’ve been smoking.
Comment by gdad — January 18, 2011 @ 4:24 pm
Hey pap paw. Happy for the kid if he/she is a math wiz. But tell me, do the understand disambiguation? Can they perform Sorabji’s opus clavicembalisticum? Or maybe speak and read Sentineuse? Probably not. So what we know is your no tiger dad. BTW, what’s your stake is this discussion anyhow….DON’T ANSWER THAT!! I REALLY COULD GIVE “A FLYIN’ F”. (That’s a danno casey phrase, btw.)
Comment by Al — January 18, 2011 @ 5:07 pm
#16 Speaking of someone striking a tender spot, Al baby. I apparently just sent you off the deep end. Not sure why. All I said was that my non-Chinese son can do calculus after you said American kids can’t.
Very weird, there, Allie.
Comment by gdad — January 18, 2011 @ 10:36 pm
Mornin’ gramps! No deep end here. Just enjoy pullin you rope! Hope your kids can read better than you because it was bova that initiated the comment about Chinese kids. My retort was a “reply to” the concept using the notion he gave.
Well, gotta go over to eastern NC and then Charleston to pick up a trunk full of 9mm’s for the big gun show this weekend. Do you know I can pocket a cool $200 on each one I sell…right outside the door at the civic center. I’m looking for some high capacity clips but boy the prices on those have gone through the roof. Don’t know why. Oh well, I’m working on an adapter to stick a pair of them together anyhow. Should prove eacy and very profitable.
Comment by Al — January 19, 2011 @ 8:19 am
Good luck with those “eacy” sales, Al.
Comment by gdad — January 19, 2011 @ 9:10 am
Damn, Al, you really didn’t think this one through, did you? The greyhound bus fare is gonna’ pretty much eat up all your profit margin on your bullets. Another factor that you failed to take into consideration is that while your “big gun show” is this weekend, unemployment and SSI checks don’t get cut until the 3rd, meaning you’re gonna’ have a bunch of broke shoppers, ergo Al’s gonna’ be sitting on a boatload of excess product.
You fail at entrepreneurial execution, Al. I suggest an intro 101 small business development class at VWCC; they should be able to provide you with the fundamentals that you clearly need so you don’t lose your shirt in wild eyed and half bake investment opportunities like assisting the Nigerian banker that you meant online or your silly bullet scheme.
Hope this helps.
Comment by Steve C — January 19, 2011 @ 10:01 am