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A temporary casino could operate in Fairfax County for as long as five years without first receiving local voter approval under a dramatically revised bill advancing through the Virginia General Assembly.
The state Senate voted 22-16 on Friday to accept a substitute version of Senate Bill 756 following nine days of negotiations. The measure would make Fairfax County eligible for casino gaming and create a path for a temporary facility before voters consider a permanent casino.
Virginia’s Major Employment and Investment Project Approval Commission would have authority to approve the temporary casino’s location and operation. It could remain open for up to five years or until Fairfax County chooses its preferred operator for a permanent development.
Under the substitute introduced by Senate Majority Leader Scott Surovell, all gaming tax revenue from the temporary facility would go to Fairfax County Public Schools.
If voters later approve a permanent casino, gaming tax revenue would be divided evenly between the state and local governments. Fairfax County would have to direct its share toward K-12 public schools.
Surovell, a Democrat representing southeastern Fairfax County, said the revenue structure was intended to encourage county officials to participate in developing a permanent proposal. He emphasized that the temporary-casino provisions would apply only to Fairfax County.
Tysons restrictions return
Surovell was among three senators who negotiated the substitute with three House delegates after the two chambers approved different versions of the legislation. The group also included Sen. Dave Marsden, who unsuccessfully pursued similar Fairfax casino legislation in 2024.
The compromise restores restrictions that would limit potential casino sites to Tysons. Those criteria had been removed from both the version approved by the Senate on Feb. 13 and the House version passed March 4.
A casino would have to be part of a mixed-use development containing at least 1.5 million square feet near a Silver Line Metro station in Tysons.
However, the substitute drops a House requirement that the developer construct or finance a public safety facility, or provide land for one.
Opponents warn of local backlash
Sen. Jennifer Boysko, whose district includes Herndon, Reston, McLean and Great Falls, argued that the proposal abandons the process used in other Virginia communities authorized to consider casinos.
She described the plan as “extraordinarily unpopular” among residents and elected officials in northern and central Fairfax County. Boysko also warned fellow lawmakers that advancing an unwanted project over local objections could establish a precedent affecting their own communities.
Sen. Barbara Favola of Arlington questioned why supporters continued pressing the bill despite outspoken local opposition. She said the state could raise revenue through other methods that respect local authority and avoid concerns about gambling addiction and neighborhood safety.
The Fairfax County Board of Supervisors voted narrowly in December to oppose casino legislation that the county had not requested.
Different versions of SB 756 have offered concessions intended to address county concerns, including objections to Virginia’s existing 70-30 division of casino tax revenue between the state and host locality.
Board Chairman Jeff McKay told several news organizations during the week that he would not call a Fairfax casino referendum and would urge Gov. Abigail Spanberger to veto the legislation. Those comments came before the latest substitute introduced its equal state-local revenue split.
Surovell countered that Fairfax County has sought more education funding and greater flexibility to raise revenue for years. If residents reject a permanent casino, he said, they can vote against it and the temporary facility would close within five years.
Fairfax lawmakers divide
Fairfax County’s Senate delegation split over accepting the substitute.
Sens. Jennifer Carroll Foy and Stella Pekarsky joined Surovell and Marsden in supporting it. Sens. Elizabeth Bennett-Parker and Saddam Azlan Salim sided with Boysko in opposition.
The legislation faced a tight deadline, with the General Assembly scheduled to end its 2026 regular session on Saturday. The revised bill still needed approval from both the Senate and House of Delegates before reaching Spanberger, who could sign, veto or amend it.
Hunter Mill District Supervisor Walter Alcorn, who led the effort to secure the county board’s opposition, said the revised legislation “just got much worse.”
“Any legislature that forces a casino on a community that does not want it is playing with fire,” Alcorn said, expressing hope that House delegates would stop the measure.