Bill Paves Way for Fairfax Casino Referendum

Coalition seeks to ‘kill the bill;’ sponsors say Fairfax County needs the money for schools and property tax relief.

A 50,000-member Facebook group called the No Fairfax Casino Coalition is out to "kill the bill," SB982 — Casino gaming; eligible host localities in the Virginia Senate.

Prefiled Jan. 7 and offered Jan. 8, SB982 as of Saturday, Jan. 18 is referred to the Committee on General Laws and Technology, subcommittee gaming.

The bill would authorize a process by which voters in Fairfax County could eventually vote on a local ballot referendum on a casino development. The bill does not authorize a casino development.

The chairperson of the "No Fairfax Casino Coalition, Lynne Mulston said on Saturday, Jan. 18, that a previous Senate Bill, 675 in 2024 Casino gaming; eligible host localities by David Marsden (D-35) "put a bulls-eye for a casino directly over Tysons." 

Last year, the Virginia Senate subcommittee voted on Feb. 2 to "continue" Senate Bill 675 until 2025, essentially killing the bill. The reasoning was to allow for more in-depth projections regarding a potential casino in Northern Virginia.

SB982| 2025 does not explicitly name Fairfax County as "the eligible host locality." Still, the land use description in subdivision A 6 can only refer to Fairfax County, specifically Tysons. 

In the last five days, beginning on Wednesday, Jan. 14, with a press conference in Richmond concerning SB 982 hosted by Sen. Jennifer Boysko (D), the bill elicited bomb-shell statements by state and county elected officials opposed to it. It strengthened calls for action by the No Fairfax Casino Coalition.

"The developer (Comstock) has made some eye-popping political contributions, over a million dollars," Sen. Jennifer Boysko said at the press conference. "Arm twisting has begun in full force to build political support."

Boysko said she is an avid union supporter but warned that there are "no guarantees" to developer claims that its casino will bring 505,000 union jobs.

"The developer doesn't have the authority to make this guarantee to the potential worker," she said.

Boysko pointed out that the developer proposing the casino project (Comstock) breaks promises. “The developer pulled out of a commitment in the Town of Herndon despite signing an MOU in 2017. As recently as this past August, they met with the town and reported that everything was on track and good to start the redevelopment. But then, after the election, they pulled the plug and said, 'Nope, we're backing out of the deal.'”

Boysko clarified that SB982 is written for Tysons and one specific area in Tysons. The legislation "ties the hands of the Fairfax County Board of Supervisors and infringes on their land use authority."

"Every local official in the Commonwealth of Virginia needs to worry about this bill, because this is a new and frightening development in terms of state involvement in land use," Supervisor Walter Alcorn said at the press conference.

"Anybody that tries to tell you that Tysons is failing, they don't know what they're talking about. This is not a failing community. This is a community, as Sen. Boysko mentioned, is part of the economic engine driving Fairfax County and driving the Commonwealth," Alcorn said.

Supervisor James Bierman (D-Dranesville) said, "I know a bad deal when I see it." 

Linda Colbert, mayor of the Town of Vienna, said, "Not a casino. … It will hurt families. It will hurt individuals. It's addictive."

On Jan.7, 2025, the Senate referred SB 982 to the Committee on General Laws and Technology (GL&T). On Jan. 20, 2025, the Senate assigned it to a subcommittee: Gaming.

The Chief Patron of SB 982 is Scott Surovell (D-34), who represents portions of Fairfax County roughly following U.S. Route 1, Mount Vernon, Kingstowne and Lorton. The Chief Co-Patrons are Sen. Lamont Bagby (D-14), who represents parts of Henrico County and Richmond City; Todd Pillion (R-6), whose district is in southwest Virginia and parts of Henrico County; and Sen. Stella Pekarsky (D-39), who represents western Fairfax County. Pekarsky served as Chair of the Fairfax County School Board before being elected to the Senate in 2023.

None of the patrons of SB982 represent Tysons, a census-designated place in Fairfax County located in Northern Virginia. It is minutes from Washington, D.C., and has direct access to Metro's Silver Line. The county sees it as its future downtown.

According to Virginia.gov, "SB982 adds Fairfax County to the list of localities eligible to host a casino in the Commonwealth and provides that any proposed site for a casino gaming establishment considered by Fairfax County shall be (i) located within one-quarter of a mile of an existing station on the Metro Silver Line, (ii) part of a coordinated mixed-use project development consisting of no less than 1.5 million square feet, (iii) within two miles of a regional enclosed mall containing not less than 1.5 million square feet of gross building area, and (iv) outside of the Interstate 495 Beltway."

The No Fairfax Casino Coalition is an advocacy group fueled by the determination of its volunteer members and supporters.

The group's online petition reads, "Rather than help us, a casino would hurt the county's economic bottom line, harm local businesses, increase gridlock and public safety problems, lower property values, and encourage risky behaviors, while forever changing the character of our community." 

The coalition succeeded through lobbying and action to stop two recent casino gaming eligible host legislation. They are SB675 2024 — continued to 2025 in Finance and Appropriations (13-Y 2-N); and SB1543 2023, — stricken at request of Patron in General Laws and Technology (15-Y 0-N).

Monday, Jan. 20, at 4 p.m. is the sole opportunity for people to testify advocating for or against SB982. No Fairfax Casino Coalition is marshaling allies for its planned 2025 assault operation against Surovell's bill, SB982 casino gaming, eligible host localities.

Time matters because Crossover 2025 is on Tuesday, Feb. 4. Crossover is the last day for each house to act on legislation, including SB982; however, each house can act on budget bills after that date. 

Jan. 18, one of the allies of the No Fairfax Casino Coalition, Fairfax County Supervisor Walter Alcorn (D-Hunter Mill), posted on X @WalterAlcornFFX, "My cards are all on the table: NO CASINO."


Comments by the Chief Co-Patrons of the “Entertainment District Bill” 

Comments from the Jan. 14, 2025 Release: Senate of Virginia, Scott A. Surovell. Comments may be edited for space.

Sen. Stella Pekarsky (D-Fairfax): “My constituents are tired of rising property taxes hitting their pocketbooks, while our schools remain chronically underfunded and our teachers are underpaid. An entertainment district will generate hundreds of millions of tax revenue, dollars that can be used to relieve the pressure being felt by homeowners in Fairfax County, while also generating thousands of jobs.”


Sen. Lamont Bagby (D-Richmond): ““I'm proud to join this effort to amend the historic legislation patron by Senator Lucas in 2020 to include a casino in Northern Virginia. These projects have delivered huge revenues across the Commonwealth to repair aging school facilities.” Bagby serves as the Chairman of the Black Caucus


Sen. Todd Pillion (R-Abington): “Virginia cannot continue to lose hundreds of millions in tax revenue to Maryland. The positive impacts of this bill will reach far and wide across the Commonwealth helping to fund our important priorities in keeping our taxes low.” 


Majority Leader Sen. Scott Surovell (D): “We are excited to get this bill passed and for the board of supervisors to begin a transparent process that will select the operator and site for this historic opportunity.”


What Happened to Two Other Casino Bills? 

SB675 in 2024 and SB1543 in 2023 

On Feb. 1, 2024, Supervisor Walter Alcorn and others testified opposing SB675, Casino gaming; eligible host localities, introduced by Sen. David Marsden (D-35). Marsden's bill provided a path forward for a casino in Fairfax County through a referendum. 

On Feb. 6, 2024, the Senate subcommittee continued SB675 to 2025 in Finance and Appropriations voting (13-Y 2-N), essentially killing the bill for the year. Developer Comstock targeted Fairfax County as a site for its vision of a casino establishment with a hotel, conference center, and arts venue.

A year earlier, in 2023, Marsden introduced similar legislation, SB1543, allowing casino gaming along the Metro Silver Line. Assigned to the Senate's Committee on General Laws and Technology (GL&T) subcommittee: Gaming on Jan. 24, 2023, and on Jan. 25, 2023, at the request of the bill's patron, SB1543 was "Stricken in General Laws and Technology in a vote o (15-Y 0-N)," according to LIS, Virginia's Legislative Information System.