Tysons Casino Referendum Bill Resurfaces As General Assembly Opens

RICHMOND, VA — Legislation that would pave the way for a controversial casino to be built pending approval by Fairfax County voters has been pre-filed for consideration by the Virginia General Assembly, which begins Wednesday.

Senate Bill 982 appears to be identical to SB 675, which Sen. Dave Marsden (D-Burke) introduced during the last two legislative sessions; both earlier measures failed to advance. The new bill was filed by Sen. Scott Surovell (D-Mount Vernon), the majority leader in the Virginia Senate.

The casino bill's summary touches on the main points that were part of the 2024 bill that the Senate Committee on Finance and Appropriations voted in February to hold over to the 2025 session. In November, the committee chose not to pick up that bill and instead wait for new legislation.

The measure says:"Casino gaming; eligible host localities. 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."

If enacted and signed by Gov. Glenn Youngkin (R), SB 982 would not only make Fairfax County eligible as the site of a casino, it would give the Fairfax County Board of Supervisors the authority to put a referendum on a ballot and let voters decide whether they wanted a casino.

Patch first reported in September 2022 that Comstock Holding Companies was planning to put a casino somewhere on Metro's Silver Line outside the Capital Beltway in Fairfax County.

Casino advocates have said the project would diversify the county's revenue stream and create 5,000 union jobs, as well as bring more workforce housing to the Tysons area.

The project would include a 4 million-square-foot entertainment district in Tysons that would feature a high-end hotel with gaming floor, convention center, concert venue, restaurants, retail, and workforce housing. In addition, 200,000 square feet of the district would be dedicated to a casino.

Comstock has signed agreements with the Northern Virginia Labor Federation, AFL-CIO and Thompson Hospitality, the largest minority-owned food service and one of the largest managers of retail food and facilities in the country.

Related: Casino Backers Spent $1.5M On Political Contributions, Lobbying

Since the proposed referendum came to light, local lawmakers have joined residents of Reston, Tysons and McLean in strong opposition to the project.

Fairfax County Board Chair Jeff McKay wrote in a letter to Virginia's legislative leaders last year that since no community engagement was part of the proposal, he and the board of supervisors believed there would be strong community opposition to any referendum.

So far, only Fairfax County Supervisors Walter Alcorn (D-Hunter Mill) and Jimmy Bierman (D-Dranesville) have spoken on the record as opposing the casino referendum bill.

McKay's letter told the Senate Appropriations Committee the casino bill was a bad deal for the county.

The way the earlier bill was written, according to McKay, the state would receive the majority of the revenue generated by the casino, while the county would be left paying for the development's affect on the surrounding area.

“Since we put in place the Tysons Plan, we have seen extraordinary job growth in Tysons,” Supervisor Jimmy Bierman (D-Dranesville) said at No Fairfax Casino’s community forum last month at McLean High School. “We have seen mixed-use development in Tysons. We have seen huge companies come and relocate in Tysons.”

Not only would a casino undermine the goals of the Tysons Comprehensive Plan, according to Bierman, it would more likely make the area less attractive to the business community.

“There are lots of opportunities for us to continue job growth in Tysons, and I'll continue to support that type of development,” Bierman said. “If some of those companies decide they don't actually want to be located in Tysons anymore, that's going to hurt us.”

In an email to Patch in October, McKay's chief of staff, Clayton Medford said the chairman's position has not changed since his letter to general assembly leaders in January.

SB 982 was submitted to the Senate Committee on General Laws and Technology, which is chaired by Sen. Adam Ebbin (D-Alexandria). The committee meets Wednesdays, a half hour after the day's session adjourns. The gaming subcommittee, which is chaired by Sen. Jeremy McPike (D-Petersburg) meets at the call of the committee chair.

Read all of Patch's reporting on the plan to build a casino on Metro's Silver Line in Fairfax County at Silver Line Casino.