George,

I am not a fan of Virginia's sodomy laws, but they are VIRGINIA's sodomy laws, not Charlottesville's sodomy laws. The Council has no power to rescind the sodomy laws for conduct in the City of Charlottesville. Council has no power to tell the Commonwealth's Attorney, who is a constitutional officer, not to prosecute sodomy laws.

Arguably, Council could tell the police chief, whom they pay, that they would prefer that his officers not attempt to enforce the sodomy laws, but Council doesn't actually hire or fire the police chief. The City Manager does. Council's only recourse, therefore, would be to fire the City Manager if he refused to fire the police chief for not firing his police officers when they make sodomy arrests.

Why do we insist on trying to make City Council candidates take positions on issues over which they have no vote?

Let me say, lest I be accused of hypocrisy, that I did not think that Council should have passed the death penalty moratorium resolution either, even though it is a subject near and dear to my heart. I appreciated the support, but I have never been comfortable with the notion that we elect Councilors to be the public voice of the conscience of the City on matters over which they have no control.

Lloyd Snook (electronic mail, February 13, 2002)

Editor's Note: City Councilors can ask any legislator to support any piece of legislation, including the decriminalization of sodomy. Typically that is something that is done when the City has a particular governmental interest in a bill.

Given Lloyd's remarks above, one might also wish to ask the Commonwealth's Attorney a similar set of questions the next time he comes up for election.