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October 29, 2000

Arrested Development

Dear themailers:

Few messages to themail have received as much comment as John Richardson's. Everyone seems to have had or to have known of a similar experience. A neighbor in my block was arrested and booked last month because the temporary tags on his new car had expired, even though he had and showed the policemen all the paperwork to show that he had paid for permanent tags and the dealer had applied for them on the day the temporary tags had been issued; the Department of Motor Vehicles had simply failed to send them despite repeated calls. Walking downtown, Dorothy and I saw a policeman stop a car that had run a red light. The driver certainly deserved a traffic ticket, but before writing the ticket the policeman screamed at the driver at full volume for at least five minutes, “Are you stupid? What's the matter with you? Are you stupid?” We stopped to watch to make sure that the policeman didn't get any further out of control, but didn't approach him out of fear that he would turn his wrath on us. (Beth Solomon must be braver than I am.)

The question is what we should do about the problem of the abuse of police power, and we are far from agreed on the answer to that question. Many, perhaps most, black residents of DC would agree with Mr. Richardson, and attribute the problem to racial profiling. That would suggest that the solution to the abuse of police power is increased racial sensitivity and anti-prejudice education. But in a city where the majority of police officers and police officials are black, the police chief and the mayor are black, and the overwhelming majority of the bureaucracy are black, finding powerful racist whites to blame for what are alleged to be anti-black police policies and procedures is a difficult task. Many, though perhaps not most, white residents of DC would attribute abuses of police power to inevitable inequalities between the police who are both “the arm of the law” and armed and citizens who are relatively powerless in any encounter with the police. If that inequality is what is creating the problem, then the only solution is rigorous retraining in respect and restraint — but the Metropolitan Police Department is not going to undertake that training until the problem becomes so widespread and universally recognized that it is inevitable and inescapable.

Until that day arrives, as Thomas Hardman suggests below, don't alter your license plates.

Gary Imhoff
themail@dcwatch.com

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Mr. Richardson’s Experience
Rick Otis, rdotis@yahoo.com

While I'm sure the DC police department works hard to protect the citizens of DC, my experience has taught me they are not always our friends. Mr. Richardson's experience seems to be one of those cases. One of the most frustrating aspects of dealing with DC government employees and the mistakes they make is our inability to hold anyone accountable. Senior officials like the head of Parks and Recreation resign, but the day-to-day employees who make inexcusable errors that cost us money, harm our families, waste our time, and damage our neighborhoods never seem to be identified and held accountable. They should be publicly identified and required to take some action to correct the adverse side effects of their actions.

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John Richardson’s DWB
Gregory Diaz, Zaidmot@aol.com

John Richardson's account of his “apprehension” by D.C.'s finest moves me to write of an incident I saw on 19th Street between L and M last week. You might call this infraction “Insufficient Deference While Ethnic.” A white male of perhaps Mediterranean extraction had parked on the sidewalk next to the alley, which admittedly is an annoying and naughty no-no. An officer of the law wrote a ticket (as well he should). However, when the subject simply took the ticket off his windshield and proceeded toward his business (a nearby grill), the MPD officer went berserk (Nordic term, I believe, for person wholly without restraint?). Following closely on the citizen's heels, he was shouting in a loud and abusive manner. The citizen was trying to calm the officer down (an ironic twist), and eventually returned to his vehicle, with the officer literally screaming in his face. Well, within minutes the officer had called backup (amazing how quickly they put down their donuts and come out of the woodwork for really serious crimes like this). Cars came screaming down 19th (rush hour) and the citizen was cuffed and carried off. I can vouch for the fact that at least a dozen people around me who witnessed this incident felt nothing but anger and contempt for the cops. Not because the person did not deserve a ticket — he clearly did and in fact should have had his vehicle towed off. But because the officers were out of control, arrogant, and bullying in a situation that was trivial, at best.

The deeper point in all of this is not unique to DC. It is a national phenomenon. Look around you: even as violent crime is actually declining, police more and more wear military combat uniforms, arm themselves with military weapons, including assault rifles and armored vehicles (military “surplus” courtesy of the U.S. Justice Department's Office of Justice Programs — check out the web site), and strut about like an occupying force. What the heck, if things get out of control, you can always call in the SWAT sniper.

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John Richardson’s Story
Victor Chudoswky, vchudows@meridian.org

What an incredible story by John Richardson. Contrast this with what happened to me. Two summers ago, I was also pulled over in DC for an expired tag. I had been on a long vacation, and I admit I had no clue it was expired. I schmoozed, begged, cajoled for a few minutes and the cop waved me off; I don't even remember him calling the plate number in. What happened to this gentleman was humiliating, stupid, and unjust, but somehow not surprising. Profiling, or the usual bungling? Welcome to the District of Columbia, Officer Richardson! As many new residents of the District soon find out, the relationship between “state” and “society,” to use political science terms, is different here than in many other parts of America. You will find that you have to fight here just for normal treatment and basic things that people in other cities take for granted, your rights to your property and dignity being foremost among them. Sue!

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Driving While Black
Thomas Hardman, thardman@earthops.org

[To John Richardson] Sir, with all due respect, sorry to hear your tale of getting locked up for driving with clearly bogus tags. You altered your tags in a clear effort to evade and elude; you yourself state that you yourself told the officer that you misapplied the date stickers so as to not get stopped. DC cops are supposed to be trained, and evidently these ones were, to detect incongruity, furtiveness, and especially anything that indicates that someone is trying to spoof the system. The last thing DC needs is more “operators.” If they ran your plates, and ran your ID, then this is what they saw:

Someone with ID indicating they work close to intelligence and spoofing their tags like they're trying to be “spooky” but clearly not legit — otherwise you'd have “all the right stuff” and they'd never have stopped you for clearly bogus tags because you would not have had them — basically you raised every Red Flag there is and if they hadn't dragged you in, I'd demand to know why my tax dollars are being wasted. The sort of stuff you pulled totally fits the profile of the Aldritch Ames crew and a few other major defectors. You went to jail while someone determined that you were simply clueless and trying to get over, rather than being some self-styled modern James Bond wannabee. You got out because you were clueless. Either that or the folks that swarmed everything about you you while you were busy getting bail don't know their jobs.

Now we're all damned sorry you're offended, but now that you've had this explained to you: If you're remotely associated with intelligence or classified services, don't fool around with the system because these days the system is set to bite you in the buttocks if you fool around with it. Mister, if you're working remotely in intel, the system is there to not just protect you, but all of the rest of us, by which I mean the USA. Don't try to get tricky with it. Don't even try to bitch if you diddle the system and it diddles you right back. This isn't New York City, this isn't Atlanta, this isn't Seattle, okay? This is Washington, DC, and if you actually matter — as in, could you really endanger a lot of people (like the whole country) if you screw up — you had better toe the line and not fool around with your license plates so that you look like either an inept spy or a semi-competent car thief. Now why don't you just pretend that you're a real intelligence officer and ask yourself what would you think if you saw someone in your position playing at a lame caper like this. And once again, sorry to hear about your misfortune, but basically, you made someone do their job. Deal.

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Living While Black
Claiborne Porter, cporter@law.tulane.edu

Mr. Richardson, what happened to you is a travesty. I hope you sue and win. Your improper arrest shows us all that it is not just young black males who are targeted by the police but also every other black human being. No longer can law enforcement claim that their arrest or stop was due to suspicious activity. It is high time these issues are resolved. I suspect that it isn't just driving while black, but walking while black, and even living while black.

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DWB on Friday the 13th
Mandy Katz, mmkatz@erols.com

John Richardson's experience of being hauled away in handcuffs for an apparently expired DMV registration sounds horrible. It may give some — if scant — comfort to know that our neighbor, who is white, suffered the same in Ward 3. His papers actually HAD expired, but it still seemed excessive to haul him off to jail. He also was arrested a block from his house. His one-year-old son was strapped in his car seat next to him. Fortunately, another neighbor saw what was going on and took charge of the little boy while the officers took Daddy — a law-abiding contractor on his way to a meeting — off to the station house. Not sure about handcuffs.

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Worried about Racial Profiling
Beth Solomon, beth@planetvox.com

John Richardson's account of being wrongly arrested by the police reminds me of a disturbing incident I saw recently. Driving by the MCI Center on my way home at about 10 on a Saturday night, I saw two black men in a small car, dressed in suits, with their hands above their heads, surrounded by three MPD cars and a van, lights flashing. One of the officers was waving a very large automatic rifle which was strapped over his shoulders. It was the largest gun I have ever seen in DC. It reminded me of news footage from Somalia. I was so surprised I stopped my car and watched for a while. I realized it was a traffic citation. The two men in the car looked very frightened. I could see the driver's cufflinked sleeve. I got out of my car and asked the two (white) officers if it was necessary to use those big guns in the middle of a busy sidewalk with lots of people around. I suggested that, in the context of public concern about racial profiling, the image of those officers using automatic weapons for a traffic citation against the two men in the car could draw negative attention to MPD. The officer not holding the rifle threatened to arrest me. Was it racial profiling? I don't know, but the use of weapons appeared disproportionate and the accompanying attitude was aggressive, rude and threatening.

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Overzealous Police Officers
Sheila Galagan, royg@idsonline.com

I read John Richardson's post with interest and sympathy, as something very similar happened to me about a year ago. The tags on my car had expired a day or two before this incident and I had not planned to drive the car until the tags were renewed. However, I had an episode of atrial fibrillation, a heart ailment I suffer from, and needed to make a fast visit to my cardiologist's office, which is about 10 blocks from my NE Washington home. Driving seemed like the quickest way to get there and speed was of the essence. I made it to the doctor's office fine, but as I was returning home, I stopped at the local drugstore to have my prescription filled. An overzealous police officer noticed my tags and threatened me repeatedly with arrest. I managed to avoid arrest only by showing the officer the receipt from my doctor, which said what I had been treated for, and my prescription. She allowed me to go into the drug store to have the prescription filled while she thought it over and luckily for me she decided against arrest and allowed me to complete my journey. Had I been arrested and detained without access to the medication, something quite serious could have happened. For the record, I am a middle-aged, middle class white woman. While racial profiling is sometimes difficult to determine, overzealous police work is par for the course in the District.

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DWB and The District
Lois Kirkpatrick, lois.kirkpatrick@co.fairfax.va.us

John Richardson, who was arrested for Driving While Black in D.C., should contact the producers and actors of the new TV show “The District” and ask them to sign a protest letter to the DCMPD on Richardson's behalf. If the producers want to gain points with D.C.'s Black community, they could do it by calling attention to Richardson's plight and supporting him in his fight for justice. The treatment Richardson received was appalling and reprehensible, and those officers should be fired.

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Unmoving Target in Georgetown
Richard Levine, rilevine@cpcug.org

My house was just run into. On a Saturday night in Georgetown, about twenty minutes to eight, I heard a large crash on the Q Street side of my house near Wisconsin Avenue. When I went to look there were four 30-something people on the street, one of them talking into a cell phone, and a whole section of my garden fence was taken out along with a lot of shrubbery. I went outside to speak with them, and they told me that they had witnessed an SUV with PA tags driven by two or three young white males cross the street and run into my house and then take off down Q Street driving very erratically.

Now for the fun part with city services. One of the witnesses had a cell phone and was trying to call in the crime to DCMPD, and they wouldn't take the call. Then we flagged down two motorcycle cops who refused to identify themselves and said that they would pursue and they went off down Q Street. A cruiser went by and the officer stopped and refused to take a report or identify himself. Finally, after about thirty minutes, two cruisers showed up and made a report and gave me a report number. The two police who made the report also told us that there was no record of the motorcycle cops pursuing anyone and they had gone back to patrolling. Why they didn't pursue a dangerous vehicle is anyone's guess. None of the cops seemed to be at all concerned that a car was on the road that would crash into a home. I'm also concerned about DC Police that won't identify themselves when they are on duty.

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School Board Election
Greg Rhett, JRhett3009@aol.com

Just wanted to add my 2 cents worth to the discussion about the upcoming election for the DC School Board. I have a child in a DC public elementary school, thus my comments are as a parent and are without prejudice or malice. I agree 100% with Susan Gushu's recent assessment regarding candidates for Board President. I particularly agree with her comments regarding the past performance of Mr. Childs. There have been two School Board candidates forums in Ward 7. Mr. Childs was a no-show at the first one (Gray and Cafritz were on time) and Mr. Childs and Ms. Cafritz were 1 hour and 45 minutes late for the second one. Mr. Gray arrived on time. Mr. Gray, at both forums, was the only Presidential candidate that clearly articulated his knowledge and understanding of the role of the Board President, and of the issues affecting the 45 District IV schools (Wards 7 & 8). He gets two votes from the Rhett household.

As for the District IV candidates, William Lockridge has stood head and shoulders above the other candidates in articulating his understanding of the role of School Board members, as well as his ability to clearly articulate an understanding of the system's challenges vs. the electorate's expectations. He gets two votes from the Rhett household.

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Comments from a District 1 School Board Candidate
Thomas Smith, smith1965@hotmail.com

This is a reply to Anthony Watts' critique of my short term and long term plan for our schools. First of all the increased spending is a absolute necessity at this stage. Why? Because that is the only thing that will get us some immediate results that will restore some confidence in our parents. Parents are sick and tired and mad because their children simply do not have the the equipment of education, the buildings and facilities are broken and the classes are too large. We all agree that waste and inefficiency has to be stopped, and this should perhaps be worked on by an I.G. (inspector general ) type team immediately. But “my” child is in school now and I want to see some immediate physical improvements NOW is what I hear in the community. That is the reason I am running MR.WATTS, I am not a “general” with lots of reorganization plans and complex fancy structuring ideas. Like most of the other candidates for this position, I am a grunt, a combat soldier. I expect to be battered and bruised but I know what the people want and need and I intend on getting it done come hell or high water or snide comments.

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A Rare Opportunity Lies Immediately Ahead
Len Sullivan, lsnarpac@bellatlantic.net

The short-term future of DC lies in the ability of the current DC Government to get its management act together and make demonstrable progress in reducing the still evident dysfunctionality of its bureaucracy. But the long-term future of DC lies in the hands of Congress. As a result of the Supreme Court ruling, we now know that only Congress can improve DC's voting representation in Congress. Only Congress can take the overdue steps to revamp its oversight processes and stop treating DC like its whipping boy. And only Congress can take the steps needed to eliminate the conflicts of interest that deny a level playing field between our core city and the rest of the metro area. There is as yet no single recognized solution to these three interrelated issues, though several partial fixes are being proffered.

In the short period between Election Day and Inauguration Day, the Congress often takes the major steps needed to change its modus operandi for the next four years. DC's Mayor, the DC Council, the DC Control Board, the DC Delegate, and sympathetic members of the “dregs” DC subcommittees should all make it unmistakably clear that some changes in Congress's relations with the District are essential. At the very least, the Congress should empower a Commission to redefine Congressional relations with the District. At the most, they should immediately (by caucus) restore Delegate Norton's voting rights, and replace the four outdated oversight subcommittees with some other mechanism for overseeing the major problems that afflict DC and other US metro areas. As those who visit NARPAC's web site know, we prefer a Joint House/Senate Committee, but there are doubtless other approaches as well. It's high time to sort them out and upgrade the citizens of America's Capital City to first class.

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Let’s Stick It in Angelos’ Ear
Ed T. Barron, edtb@aol.com

Since Peter Angelos, the owner of the Baltimore Orioles, will never allow a major league franchise to come to Washington, D.C., then it is time to hit him where it hurts, in the pocketbook. Major League baseball is dying a slow death. The game has changed so much that it is only fun when two fight-to-the-death rivals like the Mets and Yankees meet. Players are overpaid and under-perform. There is no team loyalty. Games that are televised drag on for an average of more than three hours. There are so many teams that even the U.S. large population cannot fill all the playing positions with quality players. Journeyman infielders command multimillion dollar salaries for just showing up every day. The cost to take a young family to a single ball game requires a visit to the loan officer. Teams have obscene payrolls, and baseball demands outrageous monies from the networks to televise to a dwindling audience.

Baseball is still a great national pastime, it's just better at a different level. The answer to getting a crowd drawing team in Washington, where people can afford to take their kids to a good game with players who are playing because they love the game, is to bring in a minor league team. That team should not be a team that is a farm team of one of the major league teams; it should be an independent team in a league of independent teams. That league exists on the East Coast right now. In fact, none other than Cal Ripken is a principal owner of just such a team in Maryland. It's clear that that team will draw many fans away from the Orioles Park at Camden Yards. We should have an independent team here in Washington and can move them into a ready-made ball park at RFK Stadium. Let's see if we can hire Cal Ripken and set up an independent team for us baseball fans here in Washington.

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Signs of Visible Progress
Mark Richards, Dupont East, mark@bisconti.com

Some time back I commented about how some of the schools like Francis Junior High looked abandoned, with broken windows — but they were in use. Here's some good news: there is visible progress at Francis. It looks like they're replacing all the windows (many had broken glass) with complete new ones. The school actually looks like it is fit for students. I'm also noticing improvements in playground equipment at many schools I walk or bike by. Looked up a bit of history about Francis, wondered when it was built and how it got the name. Found that Junior High Schools were started experimentally in D.C. in 1919 and led the way nationally away from the “8-4” plan (8 years of elementary and 4 years of high school) to the “6-3-3ö plan. According to Harry Oram Hine, Secretary of the Board of Education in 1928, Junior High Schools were an "all American" idea. They received Congressional sanction in the Salary Act of 1924, which also gave teachers reasonable salaries with annual increases. In 1925, the Five-Year Building Program Act gave Congressional sanction to building enough schoolhouses (no more than 40 pupils per class). Many buildings were “portables” and rented, and due to overcrowding there were part-time classes. The project lasted from 1926-1930, and was to cost $4 million per year, but after the first year appropriations were reduced 40 percent. Out of this project, four new Junior High Schools, including Francis, were built (Washington Past and Present, A History, John Clagett Proctor, Editor-in-Chief, 1930, p. 441-442).

In my library, I didn't find how Francis got its name. I don't know if this is related, but I see there was a Dr. John R. Francis, a leading African-American physician who established the Colored Social Settlement in December 1913. This organization raised support for African-American social services. Dr. Francis was a force in encouraging teaching African-American students about their heritage to foster pride. The Oldest Inhabitants Association (African-American) also took up this objective (Washington: Capital City 1879-1950, by Constance Green, 1962 p. 230).

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Beating a Very Dead Horse
David Sobelsohn, dsobelso@capaccess.org

Timothy Cooper is right that, except in the context of DC statehood, Congress by simple majority can't give DC full congressional representation. But the House could restore our delegate's right to vote in the Committee of the Whole, which would amount to a vote on the floor in nearly all situations. What makes no sense is what Cooper urges: another futile attempt at a constitutional amendment. We tried that in 1978 (with a Democratic Congress in a more progressive era) and it failed miserably (only six states ratified it). Cooper provides no evidence to suggest it would have a better chance this time, with Republicans controlling a majority of state governments, the U.S. Senate, and possibly (after January) still the U.S. House. True, the current proposal is more poorly worded than the 1978 amendment, which was simple and clear. But that doesn't suggest a different outcome. Nothing in the Supreme Court's recent decision limits Congress's power, by simple majority vote, to grant us statehood, retrocession, or a vote on the floor (in the Committee of the Whole). By contrast, a constitutional amendment requires 2/3 of both houses of Congress and 3/4 of the states. Instead of something that requires a simple majority vote, why should we try for something that has already failed once and that requires much more support from many more people?

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Constitutional Quicksand by Timothy Cooper
George S. LaRoche, LaRoche@us.net

Mr. Cooper's summary of the law suits and his analysis of the present alternatives are excellent. In passing, it might be noted that the court only provided reasoning or analysis of the claims in one of those cases, Alexander v. Daley, and the plaintiffs in the other case, Adams v. Clinton (also known as the “20 D.C. Citizens' case”). AGREE with the court's analysis of the claims made in Alexander. It's not that we think representation in Congress isn't a good and desirable thing, but that the Constitution only provides for representation of (elected by) citizens of States. If you're not a citizen of a State, you cannot participate in elections of representatives. Mr. Cooper is also correct in his astute summary of the alternatives under the Constitution, as they would be framed in light of the theories presented in Adams. But we learned an interesting lesson in the course of litigating Adams v. Clinton, and this lesson should be remembered when considering the suggestion of amending the Constitution. Note that the entire gist of Adams (as was the case in the much more famous equal protection cases from our history and on which Adams was modeled) was merely to end the status quo. We were not asking the court to award representation in Congress, much less to issue and opinion whether the District should or should not be a state. We argued and showed that the status quo — exclusion of District residents from apportionments of congressional districts — violates District residents' rights to be treated in the same substantial manner as all other people who ARE NOW or ever were under precisely the same powers of Congress under the Constitution. Thus, the status quo must end. Period.

To fight our claim that the status quo violates the Constitution, so must end, the Department of Justice and counsel for other defendants launched a startling argument: that the District “cannot” be anything other than what it is; that the District is permanently locked outside the system of states in which everyone else in the United States exercises their rights. One of the key points in the defendants' argument was the Twenty-third Amendment, the amendment which grants District residents a role in election of the President. According to the Department of Justice, the Twenty-third Amendment “proves” that the District, permanently, CANNOT be a State or part of a State. The Twenty-third Amendment, in other words, is held up as a BAR to full citizenship on the same terms and with the same scope as the citizenship enjoyed by citizens of the States.

This doesn't mean that the constitutional amendment approach is a bad idea. To the contrary, I agree with Mr. Cooper that this alternative deserves more discussion and closer analysis than it has received, and it's unfortunate that it hasn't received the respect it deserves. But the lesson to be taken from the existence of the Twenty-third Amendment is sobering: further amendment of the Constitution to accommodate the citizens of the District of Columbia will make it harder, if not impossible, for the District ever to join the rest of the United States. The Constitution is like a blueprint for a magnificent mansion. It shows how everyone in the States sits around one great table to legislate for the nation and sits around another great table to administer the country. The Twenty-third Amendment is like a little room, added on the side of the mansion. From this room, District residents can add their voice to selection of the President, but they are not “inside” the mansion for any other purposes and they do not enjoy any of the other benefits of the mansion (note that the Department of Justice went so far as to suggest to the Supreme Court that the District residents don't enjoy the right to equal protection of the laws under the Constitution, a position they've taken throughout the District's history as to other rights in the Constitution). Mr. Cooper is absolutely right. We should discuss whether to build another room on the side of the mansion, to accommodate the people of the District of Columbia, but use of that room comes with a cost: perhaps permanent exclusion from the mansion itself.

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No Vote, No Taxes
Tom Berry, tom@berrybest.com

I suggested here about a year or more ago that DC residents forego the push for voting rights and promote the idea of no federal taxation foremost. Ed Barron recently mentioned the same effort. And why not? Let's be realistic. DC is not a state. It is on a quasi-par with Guam, Puerto Rico, and the Virgin Islands, none of whose residents have voting representation in Congress. However, those territories' residents also pay no federal income taxes. Now that the Supreme Court has ruled that DC residents are not entitled to voting representation, why should we still be treated differently than the good residents of the aforementioned territories? But we are treated differently. We pay federal income tax. Talk about a slap in the pocketbook. We are lower than lowly citizens, and yet this is the nation's capitol! Elimination of our federal income tax payments stands a far quicker chance of congressional approval than procuring voting representation. And it will be supported by a much larger segment of the city's working population. The guy who makes $20,000/year (gross) could understand the argument for keeping approximately $2,800 in his pocket, which is about what he now pays in federal income tax, depending on deductions. Plus, it's a logical start toward the ultimate goal of voting representation. Go ahead, keep pushing for voting representation, but let's put that new license plate slogan on the front burner. No vote, no tax. Now. Wouldn't our forefathers see it this way?

On another side of the same subject, it gets a little tiring reading and hearing how we'll never get voting representation with a Republican controlled congress. Simply, in the history of this country we've had Democrats and Republicans controlling congress, but has anything changed for the District other than a few crumbs now and then to placate the citizens? Look at the recently passed legislation confirming the in-state tuition rate for DC-resident college students attending any state institution, as an example. This is surely a boon to many, but a mere crumb compared to what the residents want and merit. Both parties have had ample opportunity to do this city's citizens right and both have failed miserably. For those who blame the current congress for our plight, let me remind you of our current Chief Executive's blustering poppycock while reviewing Georgia Avenue when he arrived in DC in '92. Then let us not forget that he expressed a desire to become more pro-active concerning DC affairs when reelected. Pure political posturing, dear reader. (Disclosure — I voted for WJC in '92.)

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Voting Rights
Michael Bindner, mbindnerdc@aol.com

Aside from statehood and retrocession, there is a third way to give DC residents voting rights and full citizenship. The Organic Act of 1801 can be amended to, for representation purposes only, consider the District and enclave of Maryland. Such an act would also need a method to divide up the 8 Maryland congressional districts which the combined areas would receive in the next census which would include ratification by the Council of the District of Columbia and the Maryland Legislature and the Congress (which ratifies all interstate compacts — though they may consider themselves the DC state legislature and may therefore bypass the Council). This raises a question to you Marylanders on this list: how would you feel if Congress had a more direct say in your apportionment? This is how the District feels about all congressional interference.

The administrative structures of DC would not have to be changed, although they should be as they are violative of our constitutional right to a state constitution — which is guaranteed under the 5th Amendment as supported by Bolling v. Sharpe. I would urge those legal minded individuals to test this right by seeking an injunction blocking the next attempt by the Federal government to amend the Home Rule Act (which was ratified by a vote of DC residents) if it fails to include ratification by DC voters.

On the subject of our constitution, most probably do not know that there is an amendment to the New Columbia Constitution on the table which the Board of Elections has never put up for a vote. They should either do so or withdraw it — affirming the Constitution of 1982. I would go further and state that, Article by Article, the Home Rule Act should be amended by referendum to conform to the New Columbia Constitution — which includes a Governor, a 40-member House of Delegates, constitutional amendment by citizen initiative, and electoral removal of judges. Aside from a few left-wing platitudes, which are not really out of line, it is a very well written plan of government and far superior to the current system — or the Council's 1987 Constitution which is modeled after the Home Fool Act. The 87 proposed constitution does at least have a governor and a 25-member legislature (and is also preferable to the current form of government).

What about it, Councilmembers and candidates — where do you stand on these issues?

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About the Briggs Case
Kurt Vorndran, Kvorn@nteu.org

Three observations on the Briggs case: 1. It is an outrage that DC teachers are included in the Federal Hatch Act. 2. I am unimpressed that Mr. Briggs was apparently unaware of that until it was brought to his attention by others. 3. In the back of my memory, I seem to recall at one time the DC Statehood Party got a ruling declaring it was not a “political party” as defined by the Hatch Act because they did not run electors for President. It seems to be their merger with Nader's Greens that is the source of their woes now.

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Raising Talent Within DC Parks & Rec
Robert Andrew, RDAndrew@erols.com

Following up on Helen Hagerty's exhortation to look internally within DC Parks and Rec for the next director, let me also throw into the ring the name of Art Dockery, who has been consistently civil on all of his dealings with our local “Friends of Hardy” group. He's also been helpful on policy matters on implementing permitted use of fields and playgrounds by private schools, to constrain their hours of use, and where they can use our neighborhood park in a manner to reduce impact of boisterous schoolkids on toddlers in the Tot Lot.

The new (or without delay the Acting) Director should also look into DCPR's termination of Jane Huntington — for more on that sorry saga see http://www.foxhall.org/letters/delays.htm.

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The Potemkin Village at www.dpr.dc.gov
Nick Keenan, nbk@gsionline.com, Shaw

The DC Parks and Recreation Department has a web site (www.dpr.dc.gov), and if you were to use it for your source of information you'd wonder what all the fuss is about. According to it, the city has 77 rec centers, and each one of them is open Monday to Friday, 9 am to 10 pm, weekends 7 am to 7 pm. All of them have a swimming pool, basketball court, volleyball court, baseball field, weight room, pool table, and ping-pong table. All of them feature a Water Aerobics and Deep Water Exercise program as their featured activity. In fact, all of them look exactly the same — because they all have the same photograph. In reality, the site has 77 copies of the same page, one for each facility. Each page describes a glowing facility that exists only on the web site, far from the reality of understaffed, mismanaged centers. To make matters worse, the text of each page is actually copied from the Fairfax County Park Authority web site at
http://www.co.fairfax.va.us/parks/gwrec.htm.

Here in Shaw, there are only two Recreation Department facilities — Kennedy Playground and the Shaw Jr. High field. For more than 17,000 DC residents, these two facilities are the nearest recreational opportunity. Kennedy is surrounded by a ten-foot chain-link fence, which is locked when the park is not staffed. The nominal operating hours are 9 to 5, Monday through Saturday, but there is only one full-time employee so these hours are not always observed. The park is always closed on Sunday. The fence has several holes, so when the park is closed it is used only by scofflaws, which creates an atmosphere of lawlessness. To my understanding it is the only park in the city that is locked up when it is not staffed. The park has three major facilities — a baseball diamond, basketball courts, and horseshoe pits. The baseball diamond (one of two regulation Little League fields in the city) is off-limits to the public and reserved for league play, even though there are no leagues that actually play there. Two of the six basketball goals are missing hoops, and the basketball courts are set below ground level and do not have working drains, so they flood when it rains. All of the horseshoe pits are missing stakes and are unusable. There is no regular maintenance of the park, and it is littered with trash and broken glass.

The Shaw Jr. High field is one of the many school facilities that are maintained by the Rec Department. It was in the news last spring when a body that had been there for at least two weeks was discovered by children, which is a pretty good assessment of the general level of care. It has tennis and basketball courts that are usable and are popular. It also has grass fields that are essentially unusable, as they have become potholed and barren from neglect.

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So, We’ll Go Some More a Roving
Charlie Wellander, ah52j2e3@mailshell.com

...with apologies to Byron and to any Roving Leaders out there. Who names these programs? One definition of “roving,” when combined with leader, brings to mind our erstwhile mayor-for-life — “inclined to wander or stray, e.g., a roving eye.” Hasn't the District had enough problems with roving leaders (away to the Virgin Islands, Phoenix, various Superbowls, even other continents, etc., etc.) in the past few years? Quick peeks at a couple of dictionaries finds “roving” most often defined as “wandering about at random; roaming; moving aimlessly” and “going from place to place with no particular course or destination.” Hmm, maybe it is an appropriate name for a DC government program.

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October 30 Hearing on Drug Dealer Liability Act of 2000
Jim McLeod, Foggy Bottom, jmcleod@attglobal.net

On October 30, at 3:00 p.m., there will be a public hearing held by the DC Council Judiciary Committee (First Floor, 441 4th Street, NW). One of the two bills to be discussed is the “Drug Dealer Liability Act of 2000,” Bill 13-863. Its stated purpose: “To establish a private cause of action for injuries proximately occurring as a result of the distribution of unlawful narcotics.” Call 724-8174, if you would like to testify. The bill was introduced October 3rd by Councilmembers Brazil and Orange. If I read the bill correctly, one need only show harm from someone's use of illegal drugs to seek damages against those participating in illegal drug markets. Under the bill, those who purchase illegal drugs for personal use are not considered to have participated in the illegal drug market. But sharing with others constitutes distribution.

I hope the ACLU or other liberty watchdogs will comment on this apparently hastily prepared bill — the copy available from Legislative Service has handwritten corrections and additions and it apparently makes doctors offices “illegal drug markets,” since doctors distribute illegal drugs. (The criminal code more properly calls them controlled substances.) I am somewhat concerned that the bill will give users another reason (concern over civil liability) to deny their use. Acknowledging drug use is frequently cited as the first step to recovery. Here we may ask the question whose recovery is more important, the addicts or the plaintiffs, and if some provision to exclude drug program confessions would be appropriate? PS. It's interesting that Mr. Brazil finds time to hold a hearing on this bill 27 days after its introduction, but hasn't found time for the Misdemeanor Jury Trial Act of 2000 introduced nine months ago. I give him credit, however — at least defendants under his new bill will get a jury since money is involved (including fees for plaintiff attorneys) and not merely 180 days of a person's liberty.

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Announcing H-DC: H-NET List on the History of the District of Columbia
Matthew Gilmore, dchist@hotmail.com

H-DC, a refereed, multi- and inter-disciplinary discussion list, provides a means of communication and interaction for those who research, write, read, teach, collect, curate, and preserve Washington, DC, history and culture and for those who work in cultural institutions located within DC, regardless of discipline. H-DC serves as a forum for serious discussion; a bulletin board for news of newly opened collections, upcoming conferences, exhibits, public programs, etc.; and as a cabinet for the storage and retrieval of materials (syllabi, reading lists, helpful hints) useful in classroom teaching at every level. It will be a means for sharing serious reference inquiries relating to location of sources and materials — collaborative for suggesting possible institutions and sources — to provide an on-line community which authors, researchers, and others interested in these topics can turn to when seeking guidance on available resources on specific topics.

H-DC will post reviews of books, exhibits, audio-visual materials, and electronic presentations; notices of the publication of new books, and citations to appropriate articles in current newspapers, magazines, and journals. H-DC invites the participation of everyone — whether professional, para-professional, or volunteer — who cares deeply about the legacy of Washington, DC's, past. This list includes (without being limited to) academics, librarians, curators, folklorists, independent scholars, preservationists, archivists, museum docents, public historians, writers, consultants, and students. H-DC is a moderated internet discussion forum. The editors are Matthew Gilmore, Washingtoniana Division, D.C. Public Library, dchist@hotmail.com, and Gail Redmann, Historical Society of Washington, D.C., hswlibrary@attglobal.net. It is advised by a board of field experts. Logs and more information can also be found at the H-Net Web Site, located at http://h-net.msu.edu/.

To join H-DC, please send a message from the account where you wish to receive mail, to listserv@h-net.msu.edu, (with no signatures or styled text, word wrap off f or long lines) and only this text: sub h-dc firstname lastname, institution. Example: sub h-dc John Smith, State U. Follow the instructions you receive by return mail. If you have questions or experience difficulties in attempting to subscribe, please send a message to help@h-net.msu.edu. H-Net is an international network of scholars in the humanities and social sciences that creates and coordinates electronic networks, using a variety of media, and with a common objective of advancing humanities and social science teaching and research. H-Net was created to provide a positive, supportive, equalitarian environment for the friendly exchange of ideas and scholarly resources, and is hosted by Michigan State University. For more information about H-Net, write to H-Net@H-net.msu.edu, or point your web browser to http://www.h-net.msu.edu. We look forward to hearing from you!

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CLASSIFIEDS — EVENTS AND CLASSES

CPCA Awards
Isabel Furlong, isabelf@email.msn.com

Cleveland Park Citizens Association is proud to announce that the D.C. Federation of Civic Associations, Inc. has selected CPCA to receive the award for Outstanding Active Adult Civic Association. In addition, CPCA's nominee for Outstanding Father of the Year — Bob Brandon — has been selected by the Federation as city-wide Father of the Year. The DC Federation of Civic Associations 70th Annual Awards Celebration and Luncheon will be held on Saturday, November 4, at the Hyatt Regency of Washington on Capitol Hill, 400 New Jersey Avenue, NW, at 12:00 Noon. CPCA's other awards nominees include Nancy MacWood as Mother of the Year, and Frank Stovicek as Grass Roots Nominee. For further information please contact Isabel Furlong, President, Cleveland Park Citizens Association, isabelf@msn.com.

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Nader SuperRally
David F. Power, pp002945@mindspring.com

Readers of themail should mark their calendars: November 5th at 1:00 p.m., Ralph Nader will appear at a SuperRally at MCI Center in Washington, D.C. Make your vote count! Rally to get out the vote. Support D.C. statehood! If Ralph Nader gets five percent (5%) of the presidential vote, the Green Party (DC Statehood-Green Party here in DC) will qualify for federal financing in future election cycles. The Washington, D.C. SuperRally includes performances by Patti Smith and others, special appearances by Randall Robinson, Cornel West, Barbara Ehrenreich, Michael Moore, and Phil Donahue, and others. Tickets are on sale now for suggested donation of twelve dollars ($12.00). Call 265-1160 to buy tickets with a credit card, or purchase tickets on the Nader 2000 secure web site at http://www.votenader.org/superrallies.html with a credit card. Tickets you purchase by credit card will be available at “Will Call” at MCI Center on November 5, 2000. MCI doors open at 11:30 a.m. Sunday morning, November 5th. Streaming video feeds of most of the previous Super Rallies can be found at this link: http://www.votenader.org/superrallyanthology.html.

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The Power of Positive Thinking
Nancy Montagna, LifeWorks at Washington Ethical Society, WES@EthicalSociety.org

By practicing the specific skills taught in this workshop, anyone can untie the “nots” of negative thinking and enjoy greater vitality and satisfaction. Thoughts either support or sabotage our efforts to reach our goals. Learning to replace in your mind the worries, criticisms, and fears releases you from a destructive investment of your creative imagination. Unleash that negative energy so it can be used to make you a more happy and successful person. Dates: Wednesdays, November 1-December 6 (no class 11/15), 7:30-9:30 p.m. Fee: 5 sessions - $100 ($80 WES members). Sponsored by LifeWorks Adult Education at the Washington Ethical Society, 7750 16th Street, NW. To register call LifeWorks at 882-6650 x21 or E-mail WES@EthicalSociety.org.

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CLASSIFIEDS — FOR SALE

Florida Fruit
Richard Steacy, richard.steacy@gte.net

Help raise funds for the John Eaton Elementary School Afterschool Program. Now on sale 2/5 bushel boxes of Florida fruit — $15/ box of grapefruits, oranges, or tangelos; $12/ box of mixed fruit. A great holiday gift idea! For more information, and to order, call 363-5847.

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