Virginia Governor's Office Withholds Records on Sports Petition

OutKick's FOIA request about the withdrawal of a women's sports petition returned no records released to the public.

Updated on Nov. 5, 2026 in Women’s Issues

Virginia Governor's Office Withholds Records on Sports Petition

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Virginia Governor Abigail Spanberger's office located fewer than 100 responsive documents in response to a FOIA request about the withdrawal of a petition on girls' sports protections, but withheld all of them. The State Board of Health withdrew the petition on July 30, 2026.

Why it matters

The withheld records concern a regulatory petition that would have restricted male participation in female athletic teams and competitions, a policy question with direct consequences for Virginia athletes. The governor's office cited executive privilege, attorney-client privilege and a state exemption for gubernatorial working papers as grounds for denial.

The governor's office located fewer than 100 responsive documents, many of them duplicates, and withheld all of them under three cited privileges and exemptions. The Board of Health had approved the petition 14-0 in August 2025 before the withdrawal.

The players

Abigail Spanberger

Abigail Spanberger is the Governor of Virginia, whose office withheld all records responsive to the FOIA request about the withdrawn petition.

Virginia State Board of Health

The Virginia State Board of Health is the state body that approved and later withdrew the petition on girls' sports protections.

OutKick

OutKick is a sports news outlet that submitted the FOIA requests seeking records about the petition's withdrawal.

The details

OutKick submitted a FOIA request for emails from members of the governor's office concerning the withdrawal, and a narrower follow-up request for emails from other employees also produced no records. The formal withdrawal notice, published in the Virginia Register of Regulations on August 24, stated that upon review of statutory authority the Board of Health was not proceeding with the regulatory action.

Timeline

  1. April 2025: Réka György, Lily Mullens and Carter Satterfield file the petition.

  2. August 2025: The State Board of Health approves the petition 14-0.

  3. November 17, 2025: The notice of intended regulatory action is published.

  4. December 17, 2025: The public comment period ends.

  5. July 30, 2026: The Board of Health withdraws the petition.

Political Context

The denial rests on Virginia's FOIA exemption for gubernatorial working papers and correspondence, which the governor's office cited alongside executive and attorney-client privilege. Spanberger stated in September that there is no legal authority to move forward with the rulemaking.

Residents seeking government records can see how privilege and exemption claims limit access to gubernatorial communications. The withdrawal means the proposed restrictions on male participation in female sports will not advance through the state rulemaking process.

The takeaway

Public records requests can return no releasable documents when officials invoke privilege or exemption claims, so requesters should expect denials to be contested on the stated legal grounds. Readers following the issue can track the Virginia Register of Regulations for formal regulatory actions.

Further reading

For related coverage, browse Women's Issues in the lifestyle section.

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