Lawsuit by UNITE HERE will allege that City Council Violated the VA Freedom of Information Act with Closed Session on April 24

PETERSBURG, VA – Yesterday, UNITE HERE informed the City of Petersburg that it is preparing to file a lawsuit due to the City’s violation of state law when selecting Cordish as its preferred casino operator. In a letter yesterday to Petersburg City Council members, the union asked that members of Petersburg’s City Council and government retain all copies of their documents and correspondence related to the selection of a casino operator.

The lawsuit will allege that the Petersburg City Council illegally used a closed session to discuss the selection of the casino operator without the transparency mandated by law.

The Petersburg City Council’s announced agenda on April 24^th only included receiving legal advice and consultation from the City Attorney regarding probable litigation and state laws on the selection of a casino operator and public procurement. However, immediately following the closed session, Council voted to cancel its casino RFP and select Cordish as its preferred operator without any public discussion.  City officials have admitted that the Council used the closed session meeting to discuss a consultant’s preliminary report on the RFP responses and the selection of Cordish, rather than presenting this information in a noticed public meeting.

“The City of Petersburg’s actions show a shocking disregard for the law and democratic norms. Petersburg had begun a competitive RFP process that should have proceeded with transparency and fairness. Instead, City Council apparently abused a closed session to discuss the selection of the casino operator. Residents of Petersburg have the right to open governance — a right the City Council doesn’t seem to respect,” said Sam Epps, Political Director of UNITE HERE Local 25.

In its lawsuit, UNITE HERE will allege that the City’s discussion of the consultant’s report and selecting Cordish in closed session violated the Virginia Freedom of Information Act. City spokesperson Joanne Williams confirmed to The Progress-Index that Davenport, a consultant to the City on its casino RFP, “discussed its report with council during the April 24 closed session before council voted” (The Progress-Index, 4/29/24).  That report was not provided to the public before or during the April 24 meeting.  City Council members have stated publicly that the report was the basis for their selecting Cordish.

“A billion-dollar development project cannot be decided in secrecy. Working people in Petersburg deserve transparency, especially about a project of this size and importance. Community members have the right to see how their elected officials are reaching this decision and if their best interests are being upheld,” said Paul Schwalb, Executive Secretary-Treasurer of UNITE HERE Local 25.

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UNITE HERE is the largest union of gaming workers in the world, representing over 100,000 in the United States and Canada. In Virginia, UNITE HERE represents over 8,000 voters.