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December 17, 2000

Arrest and Fine

Dear Drivers:

Job Dittberner, below, adds another personal story of being arrested and booked for an expired car registration. We've had this discussion before, but never arrived at a conclusion about whether it is actually an MPD policy to arrest drivers for this “crime,” and if so, who is responsible for creating this misguided policy that misuses police resources and humiliates law-abiding citizens. We've never established whether driving with an expired registration is actually a felony. Let's see, this time around, if any of our contributors can give us some facts.

Last week, Chief Ramsey announced publicly D.C.'s new policy on traffic accidents — if the cars are still in drivable condition, police officers will no longer bother to respond to the scene of an accident to take an accident report; drivers are now expected to drive to the nearest police station (assuming that they know where it is) to file the papers. Of course, if the drivers have different versions of how the accident happened, the accident scene will no longer be there for an independent police assessment. But that doesn't seem to matter, since the purpose of the MPD no longer seems to be to provide traditional public services (like taking accident reports or solving homicides, for example).

Gary Imhoff
themail@dcwatch.com

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Calm in the Eye of the Storm
Mark David Richards, Dupont East, mark@bisconti.com

I've really enjoyed the observations about D.C.'s cultural identity. Here are some more. D.C. citizens have a “close-up” seat in national political theater, but most are no closer to "the movers and shakers" than those who watch on TV (proximity is not access). Because “important people” come here, D.C. citizens are image conscious and tend to try to blend by looking a bit alike (hair styles, clothes, etc.). Without political equality, we really are on the sidelines. But, even when we can, we don't get involved or vote in greater numbers than other areas. D.C. citizens take personal pride in our national symbols that refer to our hopes, shared values, and mythology, but are probably more aware than most that they are in many ways goals more than accomplishments. D.C. citizens are hyper conscious of and like racial and cultural differences, speak about the topics openly (especially if they think there's a problem — it isn't hidden), and tend to be comfortable with languages, diverse customs, and rituals. D.C. citizens like people and ideas and generally have a larger perspective of the world than many areas — many have traveled. D.C. citizens are on the whole not very friendly — less so than New Yorkers — and they politely keep their place rather than speak to a stranger. D.C. citizens are status conscious — extreme wealth and privilege sits next to excruciating poverty and alienation; this creates some feeling of relative deprivation. D.C. citizens are keenly aware of power-or lack-and seek to obtain it, restrain it, seduce it, or avoid it. One local element of status is how long one has been associated with the District; before speaking at any civic event, D.C. citizens establish their status by letting you know they are “3rd generation,” “born and bred,” “lived here for over a decade,” etc. Although D.C. citizens live in neighborhoods where “history happened,” many exhibit historic amnesia and few seem to know much about local history and how those who lived here before them contributed to the District, and the nation. D.C. citizens are involved in many civic and religious groups, and the two overlap (prayer at civic meetings, for example). And their local political culture is accessible to anyone who wishes to spend the time: you don't have to be from a family dynasty, you can come here from elsewhere and find a home.

D.C. citizens live in the “eye of the storm” as the nation fragments along ideological, geographic, racial, and other fault lines. Maybe D.C. citizens have developed subtle cultural traits that are beneficial to the nation. For example, most D.C. residents (1) have historically been among the most supportive people of any of the fifty states for keeping and nurturing a federal union (as the birth child of the federal Constitution, this is probably one of the most important elements of their local identity); (2) have been willing to listen to and think about a lot of different opinions, measured in their judgments (and for that they are sometimes called “soft”), quite tolerant, and yet sometimes they are loud and descriptive in their assessment of justice issues (where there is perfect peace there is no liberty, Montesquieu said); and (3) have roots all across the nation, even the world, and are very aware of important and different perspectives (they love to compare and contrast); they are usually more complimentary of than competitive with other areas. D.C. is my home-not by birth, but by choice. I've lived in France, Mali, Cote d'Ivoire, and several states. But I've lived here longer than anywhere. One of the most striking things for me is that when I arrive home from travel-even from the suburbs-I feel safe, secure, and accepted. I'm certain that D.C.'s beliefs, behaviors, objects, and common characteristics that have emerged over 200 years have created a unique culture. Whatever our culture here is, I like it!

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You Can Take the Kid Out of NY
Ed T. Barron. edtb@aol.com

After 13 years of being a resident of D.C. I feel quite at home here and frequently give directions, very knowledgeably, to those who are completely lost and ask for directions. As for where I feel that I am from, when asked, I reply, New York. You can take the kid out of New York but you can't take New York out of the kid. It's not that I would ever want to live, full-time, In the Big Apple again. That place is wonderful, truly diverse in population and culture, but just a bit too frenetic for my sensibilities.

At his stage of my life I am content in a sleepy southern town with all its foibles, yet with so many cultural opportunities and with a more moderate climate (save for the summers, much of which I manage to leave behind each year). This is a really nice place to live. My kids are grown. I have grandchildren nearby. The trees in NW D.C. make the area very suburban-like, yet with all the advantages of living just as I liked it in dear old Brooklyn.

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Arrest for Expired Vehicle Registration
Job Dittberner, jobotto@hotmail.com

Last week I was stopped on the Southwest Freeway for some reason I still do not know. After examining my DC registration, the polite policeman said it was expired — it had expired two days earlier — and the tags on my rear license plate were not completely observable. He said he had to take me in. The fine was $50 and the offense would be expunged from my record, but he had to take me in. As he handcuffed me behind my back, I said, “Isn't this a bit excessive?” The policeman from a second car said, “It's the law. It's a felony.” I rode handcuffed to the police station, where I was thoroughly searched and put behind bars with a half dozen other people. After 30-45 minutes — I do not know how long, because I had to remove my watch — I asked an officer who had approached the jail door how long it would be since I was beginning to get worried about my 16 year old son who had followed the police car to the station in our car and was outside somewhere. He said it would be 20-25 minutes more but came back in two minutes, took my thumbprint, and released me. I picked up my personal belongings, got a receipt for the $50, and went home.

The police action for this offense seems to me not only excessive but abusive. Does anybody know whether driving with an expired registration could possibly be a felony in DC and if so how a felony could be expunged with payment of a fine? I would appreciate any insights.

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Ms. Persiflage Swoons
Dorothy Persiflage, daniel@hers.com

Ms. Persiflage wishes to report that today she went to the D.C. Dept. of Motor Vehicles at 301 C Street, N.W., to renew her D.C. driver's license. Having dealt with the city bureaucracy on similar matters in the past, she followed her long-standing family motto, Toujours Pret, and packed a knapsack with the appropriate survival items. These included: two newspapers, a book dealing with Shakespeare on Management, water, a cell phone, a Walkman, a cassette tape, a small flashlight, a map of the D.C. area, an umbrella, some Brie and a good Spanish chorizo, matches, a compass, calendars, credit cards, water and phone bill statements for the past year, a U.S. passport, sunglasses, an extra pair of eyeglasses, a list of emergency phone numbers, a pager, an English-Spanish dictionary, and some personal items women of Ms. P's breeding never discuss.

Much to her shock, however, the license room was nearly empty, and there were two (count 'em - two) human beings actually waiting for customers. Ms. P nearly swooned as she processed her new license in less than 30 minutes!!! The two ladies were efficient and businesslike. If nothing else, Ms. Persiflage feels that our mayor should get credit for this small, but important, improvement.

Ms. P used the completely unexpected free time to walk over to the National Archives to pay her deep respects to the Constitution of the United States of America. She was a little disappointed to see that Article II was not on display, but she left there with a renewed good feeling about America nonetheless. She sends her regards to all themail subscribers.

A tout ta' Do

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Shocking — Where Am I Living?
Alex Butler, alexbutler@earthlink.net

In a quick remembrance that I am not an apologist for the District government and am among the first to note that they require tremendous improvement.... I have to pass along an wonderful experience from last week. In short, we were experiencing difficulties in getting bags of leaves picked up as scheduled on Capitol Hill. So, being the director of an international tech. firm's located in the city, I went to the city's web site (for reference: http://www.washingtondc.gov) and submitted a request to the DPW.

The first mild surprise came when I received an E-mail two days later indicating the sender “thought that my request had been responded to positively, but wanted to check to see if I was satisfied.” Many of the “seasoned” firms that I deal with have difficulties with even this basic level of customer service (reminding me of two horrible recent experiences with a certain former Bell company). Then something that even my friends all over the world are amazed at, at 8:45 in the morning about four days after my request, someone was knocking on our front door. That someone was the DPW manager for our neighborhood (Cap. Hill NE of Stanton Park). He had a printout of my web submission, repeatedly apologized again for the difficulty we had experienced and once again inquired whether DPW had positively responded to my request. The answer, after my chest beat somewhat more slowly was of course “yes”

So, for the doubters about how technology can help, properly implemented E-government can provide compelling advantages to the city and its residents even with such simple things as getting the trash picked up. Between the phone company, other “web savvy firms” and the DC government, I must honestly say that the DC government ranks among the top two to three finishers (out of dozens if not hundreds of experiences). Based upon this experience, at least.

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New Reasons Not to Rebuild Klingle Road
Lauren Fox, LFox@ioip.com

Two new reasons not to rebuild Klingle Road NW emerged at the Nov. 30, DPW public hearing on alternatives to the road. First, a traffic study conducted for DPW by the Louis Berger Group, Inc. concluded that rebuilding the road for motor vehicles would not relieve traffic congestion on east-west roadways or at studied intersections in Cleveland Park or Woodley Park because Klingle Road is too narrow. The traffic study was summarized in a “Progress Report” distributed at the meeting. Excerpts are available under the “Traffic” heading of the FAQ on http://www.klinglevalley.org. DPW is accepting comments on the report until December 30, 2000, and plans to issue a final report with a recommended alternative in early 2001. Information about how to e-mail comments to DPW is available on the web site.

Second, at the Nov. 30, 2000 DPW hearing, Rock Creek Park Superintendent Adrienne Coleman stated that the National Park Service could not support any alternative for Klingle that involved rebuilding a paved road. Because Klingle Road sits directly over Klingle Creek, runoff from the road goes directly into the creek, washing silt and pollution into Rock Creek. There is a wealth of information about the environment and history of Klingle Valley and Rock Creek Park on http://www.onedc.org, which provides links to web sites of groups who either oppose or favor rebuilding Klingle Road.

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BP Amoco Project Steamrolling Community
Kevin Palmer, kevin.palmer@bts.gov

A proposed expansion of a BP Amoco located at 3rd and H Streets, NE, has upset the Capitol Hill and Near Northeast community in the last three months. When project plans were first presented at a community meeting in early October, the community was sharply critical of the suburban-style proposal to build 16 gas pumps, a mini-mart convenience store, and car wash at the highly visible location. The development would demolish five historic storefront row houses in the 300 block of H Street.

In subsequent meetings (8 in all), BP has continued to push for the same development, with minor modifications, such as conceding to face the project in brick and installing a brick "monument"-style sign at the prominent corner, as opposed to their original 50-foot backlit signage proposal. Needless to say, these concessions do not assuage residents in Square 776, where the project would be built, as the proposal still includes a plan to close alleys, relocate bus stops along 4th and H streets, and operate the facility 24 hours a day.

The community has expressed a desire to see a scaled-back project which incorporates the historic structures on the site, reconfigured gas islands, and shorter operating hours for the car wash, among other things. The community has circulated petitions in opposition to the project and written letters to the company and various city agencies. The project is scheduled for review before the Board of Zoning Adjustment on Tuesday, December 19 at 9:30 am (Application #16648), in the BZA hearing room #220 at 441 4th St., NW. If you would like to lend support to the efforts to encourage appropriate development in this corridor, please join us on Tuesday. For more information about the project, visit http://www.hstreetdc.com, a new site that seeks to promote positive development along the corridor through community participation.

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Give It Back
Mark Richards, Dupont East, mark@bisconti.com

The “Give It Back” campaign is a month-long effort by People for the American Way and others to press Congress to restore the District's mostly symbolic delegate vote on the House floor in the Committee of the Whole. While this won't result in political equality for D.C., it is a way to express our desire to be counted to Congress. We should take every effort to do so. Visit the web site, http://www.giveitback.org, print and send a letter to Speaker of the House J. Dennis Hastert. Why not add your own personal note?

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Eastern Market
Wendy Blair, wblair@npr.org

In “Key Decision for Eastern Market” in the December 13th themail, Carolyn Cosmos has misrepresented the issues. She stated, “At issue is whether to give control of the market to a Capitol Hill-based nonprofit or to a Maryland-based strip mall developer.” There are three offers to run Eastern Market under discussion, not two. All three must, under law, run the market under a nonprofit, and that is what all three propose to do.

Two of the three Management proposals are based on Capitol Hill. The “Capitol-Hill based nonprofit” alluded to by Ms. Cosmos lacks the capital required in the RFP, has proposed a board that is dominated by so-called “outside” vendors at the market, and therefore goes in with a political interest. The other Capitol-Hill based nonprofit is headed by an experienced farmer's market manager with a track record and a national board of impeccable integrity. The third, the so-called strip mall developer is, in truth, an experienced professional real estate manager — yes, Maryland-based, but who manages many successful DC properties — who has stated his intention of taking his management orders from the community-based organizations that, at present, are fighting practically to the death among one-another.

Ms. Cosmos further suggests that the EMCAC (representative Eastern Market Citizens Advisory Commission — which, as its name suggests, is purely advisory) makes its decisions behind closed doors. That is true of all the organizations squabbling over the Market at present. Few honor their own by-laws, or obey rules of transparency. There is much talk of transparency, however. The Voice of the Hill interactive web site Ms. Cosmos recommended for further information gives a flavor of the wild and woolly accusations (mostly anonymous) being hurled at all parties by all parties: http://www.voiceofthehill.com. Click on the Hill Talk link, and scroll to the Eastern Market discussion.

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Hechts Ads in the Post
Kirsten Sherk, Dupont Circle, ksherk@yahoo.com

Whenever I get impatient about the many, many ads in the front section of the Post, I remind myself of the 60 cents I would pay for the New York Times in New York, versus the 25 cents we pay for the Post here. In an age where so many papers are going under, where editorial content is often compromised by the business interests of the owners, I am happy to tolerate ads for a department store, in a locally owned newspaper.

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Print and Advertising and the Post
E. James Lieberman, ejl@gwu.edu

I don't think the Washington Post will fold if Hecht's stops advertising. The price might rise, however. I'd pay more for a leaner paper. Some would, some wouldn't, I know. But if 40% of landfill matter is newsprint, that's serious.

Since the Post is heavily involved in TV as well, and a recent article indicated that 2000 was a good year financially for them because of political ads, is there danger of editorial contamination in the arena of campaign finance reform? The big losers if advertising went down would not be the public, but the owners of stations who use our airways for their profit. Where does the Post stand on this?

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Statehood without State Functions
Timothy Cooper, Worldright@aol.com

While Mr. Sobelsohn disagrees with the assertion that it will take a generation or so to reclaim the District's lost state functions, effectively barring the legislative pursuit of statehood until such time as the city reestablishes its control over the courts and prisons, he posits no plan nor puts forth any vision for how the reacquisition of these functions can be accomplished within a significantly shorter time span. It would be most interesting to learn of any plan Mr. Sobelsohn might have on this subject.

It should be noted, however, that it took the District nearly thirty years to lose over 200,000 residents to the suburbs — the effective result of which was to shatter the city's tax base, creating the financial crisis that led to the transfer of the District's state functions to the federal government. This is the impediment to DC statehood. Without its acknowledgment and remedy, no political strategy for statehood will have any chance of success whatsoever. On this point, even Delegate Norton concurs.

Why? Because Congress will never take up DC statehood legislation until the District is capable of retaining its full state functions. Furthermore, it must be able to convince Congress that it will be capable of sustaining its reinvigorated economy in perpetuity. The fact that DC statehood legislation requires a majority vote of Congress and the signature of the president -- and is deemed therefore politically more expedient than other routes -- is immaterial to the issue at hand. Our strategic problem lies elsewhere. It is rooted in the unassailable fact that state economies must run themselves, without the kind of federal intervention the District has relied on for centuries. The facility or difficulty of theoretical Congressional tallies bear nothing on the fact that a jurisdiction cannot become a state until it is fully capable of supporting itself, now and forevermore.

In sum, the equal footing doctrine is a technical, not a political, problem. An insufficient economy bars the way to statehood, not the attainment of simple Congressional majorities. At present, statehood is the least practicable means of achieving full enfranchisement for DC residents. It is certainly not the most practical one, as Mr. Sobelsohn claims. There is, however, absolutely no economic impediment standing in the way of pursuing a constitutional amendment for equal rights. An amendment obviously would not require the construction of an entirely new sustainable state economy, nor would it necessitate the high voltage resurgence of the city's flagging population. Indeed, we are free to pursue it at any politically expedient time. Regrettably, in light of the current Republican domination of the entire federal government, now is not that time. And in all likelihood, our time will not come again for at least another four years — during which control of the House and the Senate and the presidency itself must revert back into the eager hands of the Democrats in order for any victory to be achieved. Therein lies our challenge.

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December 2000 InTowner
Peter Wolff, intowner@intowner.com

This is to let you know that the December 2000 on-line edition has been uploaded and may be accessed at http://www.intowner.com. Included are the community news stories, crime reports, editorials (including prior months archived), restaurant reviews (prior months also archived), and the text from the ever-popular "Scenes from the Past" feature. Also included are all current classified ads. The next issue will publish on January 12, and the web site will be updated within a few days following.

To read the lead stories, simply click the link on the home page to the following headlines: Fresh Fields' Grand Opening December 14; Barney Studio House Loss to Public Seen Due to Neighbors' Opposition; Food & Friends “Special Delivery” Programs Fill Critical Need Across the District.

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CLASSIFIEDS — EVENTS

Tower Case Hearing
Ann Loikow, johnl@erols.com

The DC Zoning Commission has scheduled a hearing for Feb. 5, 2001 at 7 p.m. on Case No. 00-29TA, development of standards for antenna towers. This is a rulemaking and is the result of the Office of Planning report required by the Council's emergency legislation on the Tenley tower. This is a very important case and everyone who can should participate. The notice was published in the DC Register for Dec. 8, 2000 at p. 9662.

In 1989, the Zoning Commission adopted extensive and comprehensive zoning regulations on antennas (ZC Order No. 587, Case No. 84-10, dated Feb. 13, 1989) after a five year rulemaking. From what I can tell, after hours in the Office of Zoning reviewing case files and finding no subsequent amendments to Order 587, this order appears to have been imperfectly incorporated into the Zoning Regulations and a provision of the pre-1989 regulations was left in which said that broadcast towers are a matter of right in C zones (11 DCMR 701.6(g)). The 1989 order clearly makes broadcast towers and any antenna over very limited heights allowable in all zones only as a special exception after a hearing before the BZA and amended the regulations in multiple places to this effect. The rules proposed by the Office of Planning would be WEAKER than the 1989 regulations. In particular, they amend, but leave in, sec. 701.6(g) and when trying to add a provision for a special exception process don't include all the criteria that are in Order No. 587. Office of Zoning staff say the Commission's orders govern over the codification, but things are getting more muddled by the day. If you are concerned about the integrity of the Zoning Regulations and the Height Act, please participate in this rulemaking.

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CLASSIFIEDS — HELP WANTED

Part Time at Chapters
Wendy Blair, wblair@npr.org

Chapters Bookstore, 1512 K Street NW, is looking for part-time staff. Literary types greatly honored here. Retired and looking for something stimulating? Work mornings, or perhaps a couple of days a week. Call Teri at 347-5495.

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CLASSIFIEDS — HOUSING

Grad Student Room Wanted
Natalia Martin Cantero, nm7a8@MIZZOU.EDU

I'm looking for a place to live in D.C. from January/February till May or June, probably in a shared apartment as my budget is not high (around $600). Any hint would be appreciated.

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CLASSIFIEDS — RECOMMENDATIONS

Appliance Repair Service
Valerie Kenyon Gaffney, vkg0531@aol.com

Not new to DC, but new to needing an appliance repair service for my Whirlpool washer. Smells like the motor burned out. Anyone feel strongly about who I should contact, or who I should avoid? Help, I dread the thought of schlepping to a Laundromat!

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