Lawsuit Against the Department of Conservation and Recreation

DiGiacinto v. Virginia Department of Conservation and Recreation

The following action was commenced on May 19, 2006 by a Bill of Complaint against the Defendant.

The Defendant owns and operates a Restaurant that has an ABC license to serve alcohol for on-premises consumption at Douthat Lakeview Restaurant which the Plaintiff wants to visit. The Plaintiff is barred from the restaurant because the Defendant's regulation regulates the manner of carry and does not allow open carry or the right to bear arms. It is unlawful to carry a concealed handgun in a restaurant that has an ABC license for on-premises consumption in Virginia and is chargeable as a class 1 misdemeanor. Violating the DC&R regulation and unconcealing a handgun is also chargeable as a class 1 Misdemeanor.

A Motion to Amend the Bill of Complaint was filed and heard on the Friday's Motion Docket. It was opposed by the Defendant. The Judge Ruled in Favor of the Plaintiff to amend the Bill of Complaint. The Amended Bill of Complaint contained three counts:

Count I. Violation of the Plaintiff's Constitutional Rights ( Article 1, Section 13)

Count II. No Authority to Regulate Concealed Weapons

Count III. No Authority to Pass or Maintain Regulations Inconsistent with State Law

On Friday September 8, 2006 the Defendant moved to have a change of Venue to Richmond instead of where the Plaintiff lived. A hearing was held and the judge ruled in the Plaintiff's favor under Va. Code § 8.01-261(1)(a)(1)

The Defendant then filed the required Memoranda in Support of their Pleas, The Plaintiff then filed his Memoranda in Opposition. The Defendant then filed a Reply Memoranda.

Oral arguments were supposed to be heard on September 22, 2006, but the judge decided the case solely upon the pleadings. The Circuit Court Sustained the Defendant's Plea of Sovereign Immunity and thus the Demurrer and then dismissed the case.

October 10, 2006. An appeal was filed with the Virginia Court of Appeals.

December 22, 2006. This case was transferred to the Supreme Court of Virginia.

January 4, 2007. Order by the Supreme Court for filing of a Petition for Appeal.

January 8, 2007. Petition for Appeal filed.

January 26, 2007. Reply Brief in Opposition to Petition.

March 15, 2007. Oral Arguments before a Writ Panel of the Supreme Court has been scheduled.

April 4, 2007. Oral Arguments by Petitioner for a Writ of Error was held.

April 9, 2007. Supreme Court Declares the People Outside the Protection of Their Own Constitution. Denies Certiorari.