The Umstead Act you refer to is a prohibition on public competition with private industry with a huge number of exceptions (for example all county and municipalities are exempted from the act!) There are a number of Code sections that prohibit the commonwealth of Virginia from displacing private waste companies (see Section 15-930 and 15-5121 for example), but nothing in the Code the places a blanket prohibition on such competition across all industries.
As always, this post does not constitute legal advice and should not be relied upon as such. See a lawyer in your home jurisdiction for more information. Dunlap, Grubb & Weaver is licensed in California, Florida, Maryland, New Jersey, New York, Washington, DC, Virginia, and West Virginia. Our trademark and copyright registration practice is national. Under no circumstances shall the response posted above create an attorney-client relationship between the reader and/or poster of the original question, unless and until a separate engagement agreement is signed by Dunlap, Grubb & Weaver and its client. The information provided above is not legal advice nor is it conveyed in the course of an attorney-client relationship, but is intended merely as a general overview with regard to the subject matter covered. You should not act upon this information without seeking professional counsel and are encouraged to do so.
My esteemed colleague, Attorney Dunlap, has provided you with a sound analysis of your post. I trust you will heed his wise words.
Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.