Va. Error Reinstates Blue Law

Administration officials said the day-of-rest law may be unconstitutional. If so, the governor could order the Department of Industry and Labor to exercise its discretion and refuse to investigate any complaints that the law is being violated.

"We believe there [are] some strong constitutional questions," said C. Ray Davenport, commissioner of industry and labor. "It's not clear how it's going to be enforced."

If a judge Friday delays enforcement of the law, the constitutional questions could be resolved in a hearing. And if the legal process drags on until January, the legislature could fix the problem during its regular 2005 session.

Many Virginia business owners seemed unaware of the law. Some of those who had heard about it said they hoped the General Assembly would soon deal with the problem. "We are asking the governor and General Assembly to correct their mistakes by acting expeditiously," William D. Lecos, Fairfax County chamber president and chief executive, said in a statement.

Even as they raced to solve the problem, the state's leading politicians sought to avoid blame for what they acknowledged was an embarrassing mistake.

In a letter to members, the state chapter of the National Federation of Independent Business said everyone in the lawmaking process was at fault.

"Nobody caught this -- not the legislator who sponsored the bill [Sen. Frederick M. Quayle (R-Chesapeake)], not the legislators who voted for the bill . . . not the governor who signed the bill and none of the lobbyists who watch for such bad bills," the letter said.

In hindsight, officials said, the mistake happened this way:

Senate Bill 659 proposed eliminating four out-of-date provisions of the blue laws, which forbid businesses to be open on Sundays.

The bill passed 40 to 0 in the Senate and 88 to 9 in the House.

But the provisions that were eliminated contained blue-law exemptions that covered another part of the code, which allows employees to take Saturday or Sunday as a "day of rest" for religious reasons. That part of the code was untouched.

Business leaders are most worried about Sunday, because that's the day the majority of Virginians, who are Christian, consider a religious holy day.

Davenport said some of his staff members apparently noticed the connection between the two sections of the code but did not realize the impact that the change would have on the state's businesses.

"It was not raised as a red flag to me," he said.

Staff writer Karin Brulliard contributed to this report.