Virginia Woman Wins First Round in Challenge to “Barrier Crime” Law

ARLINGTON, Va.—Yesterday, a federal judge denied Virginia’s motion to dismiss a constitutional challenge to the state’s “barrier crime” law. Melissa Brown wants to work with patients battling addiction, but state law bans people with convictions for any of 176 “barrier crimes” from being employed in a “direct care” position, which includes both substance abuse counselors and their direct supervisors. Melissa is represented by the Institute for Justice (IJ) in challenging this law so she can work with patients again.

According to the court’s ruling, Melissa “has put forward sufficiently compelling arguments to make out a plausible claim that the Virginia barrier law, as applied to her, may be irrational.”

“This is a law that, according to the state itself, keeps out ‘qualified’ people with ‘invaluable experience,’” said IJ Attorney Andrew Ward. “We’re delighted with yesterday’s ruling, and we’re excited to have the chance to prove that the barrier crime law is as irrational as it seems.”

Melissa made mistakes when she was younger and in the throes of addiction herself. Those mistakes came to a head in 2001, when she stole a purse to fund her drug habit. She was convicted of robbery, which prompted her to stop using drugs and turn her life around. After being released from prison, she earned a bachelor’s in psychology and began working as a substance-abuse counselor to help people struggling with heroin. In 2018, she was even promoted to lead counselor. But, after new management took over the rehab center where she worked, she learned that, under Virginia law, she was banned from working as a counselor due to her decades-old conviction.

Melissa now works at a different rehab center as head of marketing and operations, but she would love to get back to working directly with patients. She would probably supervise other counselors. Unfortunately, the law prevents Melissa from doing so because of her decades-old robbery conviction. That is why she partnered with the Institute for Justice (IJ) to file a lawsuit challenging this permanent-punishment law preventing her from working in substance abuse counseling.

“People really do change,” said Melissa. “I’m grateful the court could see that.”

People like Melissa who have overcome addiction are often the best suited to help others overcome addiction. But Virginia permanently punishes them because of their old lives. State law bans people with convictions for any of 176 “barrier crimes” from being employed in a “direct care” position, which includes both substance abuse counselors and their direct supervisors. Generally, the ban applies no matter how old the conviction, how unrelated it is to substance abuse counseling, or how little it reflects the person’s fitness today. Examples include shining a laser pointer at a police officer and negligently setting fire to a field. The agency enforcing this barrier admits that this ban keeps out applicants with “invaluable” experience.

“Banning Melissa from working doesn’t protect the public. It just deprives people battling addiction of a qualified counselor,” said IJ Attorney Mike Greenberg. “The constitution guarantees the right to earn an honest living, and we’re looking forward to the court saying so in a final ruling.”