Bottoms Up
Dear Public Drinkers:
Obviously, the only thing that themailers are more interested in than
parking is drinking in public. There were several useful replies to
David Hunter's inquiry about whether it is actually against the law to
enjoy what David Letterman refers to as a “cool, refreshing
beverage” on your own front porch. There is a little repetition in
these messages, but read through them to the end. The second reply
explains the origin of the prohibition and why you may not have full
rights of ownership and enjoyment of what you normally think of as your
own property. The later replies give you a little relief.
Gary Imhoff
themail@dcwatch.com
###############
World War II Memorial — We Can and Must Do
Better
Ann Hume Loikow, Cleveland Park, johnl@erols.com
With the World War II Memorial, Congress is at it again, in the dead
of night trying to nullify Federal environmental, historic preservation,
and land use law, removing any Federal oversight or review, and denying
the public a say and a right to challenge it in court. Tuesday night the
House rushed the bill through. The Senate may take up the bill as early
as Monday. Everyone agrees that World War II was one of the defining
events of the 20th century and should be appropriately commemorated.
Unfortunately, the current design is an aesthetic disaster and
incredibly banal — it says nothing at all about World War II. In place
of the Rainbow Pool, the oval pool at the end of the Reflecting Pool
between the Lincoln Memorial and the Washington Monument, there will be
massive sunken stone plaza with two 47 foot high arches and a ring of 56
stone pillars, each 17 feet high, with a diminished pool with an unknown
and not yet designed “sculptural element” in the center. Unlike the
Iwo Jima Memorial, the Vietnam Memorial, or Korean War Memorial, each of
which speaks movingly about the heroism and sacrifices of those who
fought to save our liberty, the proposed World War II memorial merely
reminds the viewer of the monolithic state architecture of the 1930's,
more evocative of our enemies in that war than of our victory. This
massive structure, surrounded by walls on three sides, would prevent
people from easily walking down the Mall from the Lincoln Memorial to
the Washington Monument. This is intolerable on our great national
gathering ground.
Little known is the environmental damage the memorial will create:
(1) it will be recessed 15 ft. below the existing grade so as not to
completely block the view of the Lincoln Memorial, is in the 25-year
flood plain and will become a temporary detention basin during floods;
(2) it will be below the water table so ground water will need to be
continually pumped out of the area; (3) the ground water is contaminated
with arsenic (in some places at 10 times the EPA levels) and with
benzo(a)pyrene, also above the EPA levels, residue of which may be left
on the memorial when flood waters recede; (4). this ground water will be
pumped directly into the Tidal Basin, without any treatment, and then
flow into the Potomac River (polluting both); (5) the operation of the
sump pumps will dewater (lower the water table) parts of the Mall,
dehydrating and possibly killing existing vegetation, including the
Olmstead elms lining the Reflecting Pool; and (6) pumping out the ground
water may also cause subsidence and compaction in the soil, all of which
is fill at this end of Mall, endangering the foundations of the
Washington Monument (the Memorial's pumps would be well below the
Monument’s foundation). It would be very ironic if the Memorial
becomes the box that caught the falling Washington Monument!
In summary, the current design for the memorial is in every aspect a
disaster -- aesthetically, environmentally, and educationally.
Alternative concepts could result in a victory for everyone -- the
veterans, who could get a much more eloquent memorial much sooner; the
environment, which would not be desecrated; the Mall, which would be
respected;, and history, whose story would be told. Please call Senators
and urge them to truly examine the issue and not rush to dishonor those
who fought by forcing a mediocre Stonehenge to be their legacy.
###############
No Alcohol on Your Porch?
Lenora R Fuller, Lenora.Fuller@gte.net
This is news to me, and it seems patently absurd. However, you can
apparently use drugs in your back yard and not get arrested. You can
also sell and use crack cocaine in your front yard and, as long as you
are quiet about it, you don't have to worry about being ticketed either.
From a cynical Ward 4 citizen tired of the noise, crime, and drug scene
around Kennedy Street, N.W.
###############
In reply to the query about alcohol on your porch. You can be
ticketed. There was a relatively short bout of 'zero tolerance' a few
years back, where many people did get ticketed for just that, and were
angry. You do not actually own your front porch, for most of the
property in DC (or at least on the hill anyway) the property line runs
along the plane of the front of the house. Technically if you have a bay
window, that probably doesn't belong to you either. Confused yet? The
Capitol Hill Restoration Society publishes a brochure describing the
situation. To summarize: the L'Enfant plan called for wide thoroughfares
that didn't happen. In 1899 use of the space, but not the space, was
given to property owners as front and side yards. It is referred to as
parking space, but is meant in terms of parks you play in, and its not
legal to park your car there (yes, even if it is paved as a driveway).
In 1871 the “projection” Act allowed bay windows, corner towers, and
porches to project into the public space, and there are guidelines for
such thing. Builders could build larger, with more windows, using the
public space, so big surprise, they did so. By the way, there are also
rules on how you can fence this land, and how high bushes can be. I'm
not sure how much of this has to do with the historical district on the
Hill, and how much with law. The trash that ends up in your front yard,
is your responsibility, just like snow and debris on the sidewalk. Your
not supposed to be storing your trash can there. In short, you're
supposed to take care of it, but you don't own it.
###############
You should not have apologized! You did not break the law! In fact, I
urge you to file a strong complaint with your city council rep (Kathy
Patterson or Jim Graham, depending on whether you are in the Ward 3 or
Ward 1 part of Woodley). You should also cc at-large Councilmember Carol
Schwartz. Here's why:
This issue originally surfaced about two (I think it was) years ago
and was reported in The InTowner in a front page story detailing
the travails of the "Chardonnay Lady" (as she was styled by The
InTowner's reporter), a Dupont Circle resident who was hauled off by
the cops because she and another lady friend were having a glass of
chardonnay on their front porch. (The InTowner subsequently
learned that the wine was another variety of white, but wine it was.)
Following that story, which appeared around this time of the year, was
another InTowner front pager in September of the same year about
the hauling off of three or four twenty-somethings who were sipping a
couple of beers on their front porch at 18th and Riggs by aggressive
cops who didn't reveal the charges or even read them their rights. Both
of these news reports caused yours truly, the editor of The InTowner,
to write strong editorials denouncing the police actions and to raise
serious questions whether the officers' interpretation of the law had
any basis. (We concluded that it did not, especially in light of a
District of Columbia court case from the very early years of the 20th
century that appeared to state the permissible activities that a
resident could and could not engage in on the front yard portion of
their premises. These news reports and editorials all can be found in
back issues of The InTowner, available in the Washingtoniana
Reading Room at MLK Library.
But, to cap off this story — and why I say to be sure to cc Mrs.
Schwartz — is that she introduced, and the council enacted, a very
specific amendment to the public space regulations that for once and for
all cleared up any lingering ambiguity about this issue. That there
continue to be police officers who are so miserably informed as to what
the law is or is not is an absolute travesty. And, now, given the
decision of last week by the Supreme Court of the U.S. that allows
police to haul one off on any pretext, it would seem to me that the
citizens and city council members ought to be very worried about this
appalling lack of knowledge regarding the law of the jurisdiction in
which the officers exercise their responsibilities.
###############
Lost in Public Space
Mark Eckenwiler, eck@ingot.org
David Hunter asks, with what must be widely shared indignation,
“What do you mean we can't drink a beer on our front porch? ... Aren't
we on our own private property while sitting on our own porch?” The
answer is that many, if not most front porches in DC are not on private
property. Typically, the property line is set back several feet from the
sidewalk; on Capitol Hill and in other areas with townhouses, the line
is usually demarcated by the facade of the building. (This means, of
course, that your porch — and your bay, if you have one — required a
“projection permit” when originally constructed. It also explains
why the older townhouses are bay-less flat-fronts, built before
projection permits were allowed.)
As I recall, the idea behind the so-called “public parking” was
to have not only grand public green spaces, but also a continuous
mini-greensward along each streetscape. (And yes, it's called
“parking” not because you can park a car there — that's illegal
— but because it's parkland, sort of.) I leave it to more skilled DC
historians, some of whom haunt themail, to provide a fuller account of
the plan's inception.
What all this means, of course, is that technically you're drinking
in public when parked (as it were) on your porch, brewski in hand.
However, I have never seen it enforced on Capitol Hill, and it's my
impression that the MPD chooses to let such technical infractions slide
in favor of common sense.
###############
No, it is not illegal to drink beer, or chardonnay, on your front
porch. It is illegal to drink alcohol in a “public place,” or even
be in Possession of an Open Container (POCA). Public Place was defined
as streets, alleys, parks, and parking or vehicles thereon. Where this
gets complicated is the word “parking.” This can be interpreted to
mean the area between the street and the building line where DC has
various rights to widen the street, construct sidewalks, etc. In some
inner city neighborhoods, this comes right up to the front door (in
fact, your front porch and bay window may intrude into this space). In
their efforts to curb public drinking, and the litter, urination, and
harassment of pedestrians that often goes with it, DC police sometimes
got (get) a little overzealous. They ended arresting a woman for
drinking chardonnay in her front yard while she examined her roses (the
“Chardonnay Lady” case). This prompted Councilmember Carol Schwartz
to introduce the “Chardonnay Lady” bill which passed the Council and
was latter incorporated into the omnibus alcoholic beverage regulation
reform bill which went into effect May 3 of this year. It allows
residents (homeowners or renters) of a property to drink alcohol on a
porch or any structure attached to the building. You probably still
can't drink chardonnay in your front yard, and the street drinkers
sucking down their Corolla and lime on my front steps last week could be
busted, but you can drink beer on your porch and back yard. So if anyone
gives you a hard time, refer them to section 25.1001 of the DC Code,
which says, “(b) Subsection (a)(1) of this section shall not apply
when drinking or possession of alcoholic beverages occurs in or on a
structure which projects upon the parking, and which is an integral,
structural part of a private residence, such as a front porch, terrace,
bay window, or vault, and when done by, or with the permission of, the
owner or resident.” Cheers!
###############
No Alcohol on Your Porch? Wrong
Bob Summersgill, summersgill@yahoo.com
David Hunter is correct in thinking that he has a right to drink on
his porch. This matter was settled as a matter of law in 1998. On the
evening of August 19, 1997, Ms. Erin Hatch was sitting on the front
porch of her townhouse at 18th Street and Riggs Place, enjoying a glass
of Chardonnay. Suddenly she and two friends drinking beer with her found
themselves under arrest and handcuffed by two police officers for
drinking in public. Members of the Metropolitan Police Department have
made a number of other similar arrests, all in the name of “zero
tolerance.”
Legislation, authored by Frank Kameny was introduced by Councilmember
Carol Schwartz on April 7, 1998. It was Bill 12-612, the “Opened
Alcoholic Beverage Containers Amendment Act of 1998,” which was
supported by the Police as it clarified the law. The bill did pass,
although since the DC Code is currently unavailable online, I can’t
provide the statute.
The officer that threatened action is simply ignorant of the law and
should be reprimanded and sent back for more training. I do hope that
you got her name and/or badge number. You should file a PD99 report so
that her behavior can be documented. Copies of the PD99 are available
from the MPD or at http://www.glaa.org/resources/pd99.pdf.
[Bill 12-612 is available at http://www.dcwatch.com/archives/council12/12-612.htm,
and the PD99 report form is at http://www.dcwatch.com/police/complaint.pdf.
— Gary Imhoff]
###############
Out of Control Parking Enforcement Personnel
Martha Saccocio, MarthaNS@aol.com
I don't like to use the medium for griping about bad service from the
DC government, but I have to share my most recent parking enforcement
horror story. Last night I parked at a meter in front of C.C. Murphy on
Wisconsin Avenue. I put money in the meter and it didn't register. Now,
this has happened to me countless times before, so I simply put in
another coin, which also failed to register. I was about to call in the
meter (while my two young children stood there waiting) when I noticed a
parking enforcement employee writing tickets several meters up the
block. I knew she would write me a ticket once she got to my car --
regardless of whether I called in the meter. So, I walked over and told
her what had happened and asked if it was OK to park there, without
getting a ticket. She said that would be fine. I went into Murphy's,
bought three plants and came back out. Time had elapsed. Approximately
ten minutes. When I returned to my car, there was a ticket on it for an
expired meter! I called J. Gainor's (badge # 00149) supervisor, a Mr.
Mark Smith, who seemed uninterested in the incident, and said he simply
couldn't imagine that she would have done that. When I assured him that
she had, he said he really didn't know what he could do about it. I
suggested that he speak to her — better yet, reprimand her — and
place a note in her file. He said I would have to write a formal
complaint for a formal reprimand to be given. Very demoralizing. I guess
the lesson is, don't trust anyone — if you park at a broken meter,
cover your behind and call to report it immediately. And just it to
chalk it up as one of the very frustrating aspects of living in an
otherwise fun, vibrant city.
###############
Who do I need to write to get a traffic cam installed at the
intersection of Florida Avenue, 16th Street, and W Street, NW? Twice
within one month I have almost been hit by drivers coming southbound
while I crossed 16th Street. The light was clearly red and I had the
walk sign, and both times a car had stopped for the light which has just
changed and a second car came from behind and flew on through the
intersection! Now as I learned from the posting I made about my friends
window being broken, some people on this list play “blame the
victim,” and so I want you to know that believe it or not I am the
type of person who, even if there are no cars coming, I will not cross
the street until the light says walk. Do I have to be hit for some
action to be taken to make this intersection safer?
###############
Keep Your Windows Closed
Ed T. Barron, edtb@aol.com
While driving through Adams Morgan a week ago, my son-in-law,
returning from on-call duty as a resident surgeon at Children's
Hospital, was driving through Adams Morgan in his old Mazda when three
teenagers approached his car at a stop light and threw an exploding
piece of fireworks into his car through the open window. Fortunately it
did not land on his lap or in his face, and exploded in the back seat of
the car. There was a lot of smoke but no fire, and the police came in
about three minutes with the three perps long gone. This might be the
new fun game for teenagers in Adams Morgan.
The message is clear. It is prudent to drive with one's windows
closed through neighborhoods where there are lots of folks wandering
around. This seemingly harmless prank was actually quite a dangerous
thing to do. It would have been too much to ask for to have a witness
come forward to identify the youths or for someone to stop them as they
fled the scene.
###############
Better Abandoned Cars than Buildings
Nick Keenan, nbk@gsionline.com
Twice in the past month abandoned cars have shown up in front of my
house. But, you know, that's nothing — there's a lot of land in my
neighborhood that has sat vacant since the 1968 riots. For thirty years
the District government has treated real estate the way a dragon treats
a pile of gold -- hoarding it, guarding it jealously, and letting it
just sit there. Finally, we have adult leadership that realizes that you
can't eat your cake and have it too, and that using land is better than
warehousing it. When the cars first started showing up, they irritated
me. But now I realize that (a) it's only temporary; and (b) the end
result is that I am no longer going to have to drive a half hour to the
closest Home Depot, so I say, “Bring 'em on!”
###############
My gig as NARPAC's “straight man” keeps getting easier. This
week, Len Sullivan writes: “How, then, can DC be expected to have the
resources in both tax revenues and government competence to take good
care of 55 percent of the area's disadvantaged, and still enjoy a
competitive quality of life (for rich and poor) with its free-riding
suburbs?” Um, how about the same way most U.S. cities this size do it?
A reciprocal tax on income earned in the city by residents of
neighboring jurisdictions. The competence of the colonial government
here is irrelevant as long as the federal government denies the colony
the most basic means of funding municipal operations. If Sullivan and
other Maryland residents wanted to help “America's Capital,” as they
call our hometown (implying that they feel a sense of ownership and
responsibility), they would instruct their elected servants in Congress
to stop blocking the District's 1980 application to join the Union as
the 51st state. It's that simple.
###############
I read [Mark Richards’] piece in themail with interest. I don't
know if you are a transplanted Canadian, like myself, but one point you
make requires correction. Quebec is a net beneficiary of fiscal
transfers among the provinces. Only Ontario and Alberta contribute more
than they receive from federal equalization payments.
###############
The Mangled Carcass Is Gone
Ed T. Barron, edtb@aol.com
The call to the DPW last Tuesday, after the trash collection folks
mangled my unusable Supercan with the their truck's crusher (and then
they dumped it back onto my lawn), resulted in a work order number that
worked. The mangled carcass was removed on Thursday. No replacement for
that Supercan is in sight yet so I'll retreat to plastic bags.
###############
I unfortunately ordered a new super can last November and paid my $62
before they told me they were going to deliver new ones for free to
everyone. I can't seem to get rid of my old one either, as DPW won't
take it away. So now I now just fill it up with more garbage and they
end up dumping both. Can't wait to get a third one.
###############
CLASSIFIEDS — EVENTS
DC Film Society “Coming Attractions”
Trailer Program
Ky N. Nguyen, dcfilmsociety@dcfilmsociety.org
On Monday, May 21, 7:00 p.m., at the Loews Cineplex Odeon Wisconsin
Avenue 6 Theaters (4000 Wisconsin Avenue, NW), you can join film critics
Joe Barber and Bill Henry and fellow film fans to discover what's new,
exciting, and different about this summer's movie menu. Come see the
trailers of most of this summer's most eagerly anticipated movies, then
share your opinions with fellow film fans, and dish about
behind-the-scenes gossip. There'll be something for everyone — from
action-adventure to comedy, from big-budgets and CGI creatures to small
independent sleepers. There's the chance to talk back to the movie
critics as you discuss the unique art of film marketing. And then there
are plenty of fun movie promotional giveaways.
This one-of-a-kind, one-time-only event is $3.00 for DC Film Society
members, and only $5.00 for nonmembers and guests. For more information
on the specific trailers to be shown or other updates, please visit our
web site at http://www.dcfilmsociety.org or call the hotline at
554-3263.
###############
Hearst Elementary Open House on May 22
Elizabeth Vandivier, Hearst PTA Co-President, libbyv@charm.net
Hearst Elementary, an innovative D.C. Public School located in North
Cleveland Park, invites you to an Open House. Please join us on Tuesday,
May 22, anytime from 9 a.m. to noon to see our teachers in action, the
students' science fair projects, and our newly renovated library space.
Hearst is located at 3950 37th Street, N.W., and the phone number is
282-0106. Please drop by on Tuesday.
###############
Repair Klingle Road at Mt. Pleasant Festival
Laurie Collins, lauriec@lcsystems.com
Join the Repair and Reopen Klingle Road Coalition on June 3, from
10:00 a.m. to 6:00 p.m., at the Mount Pleasant Festival. The Coalition
will provide information and answer questions on the progress of Klingle
Road repairs. Several ANCs in the neighborhoods surrounding Klingle
Road, including Mount Pleasant, Crestwood, 16th Street Heights, Adams
Morgan, Rock Creek East, and Shepherd Park, have voted overwhelmingly to
repair the street. The DC Council also strongly supports reopening the
road. By moving goods and people across town efficiently, Klingle Road
served the public well for many, many decades. Join in the support to
get this road fixed.
For more information about Repairing and Reopening Klingle Road, go
to http://www.repairklingleroad.org.
To be added to the Repair Klingle Road E-mail list and stay informed,
E-mail peterm@lcsystems.com or
call 986-5710.
###############
The Capitol Hill neighborhood struggles with a two-year-old murder
that remains unsolved. On the second anniversary of the Susan Svengros
murder, Sunday, May 20, 2000, at 8:00 p.m., there will be a candlelight
vigil in the 400 block of F Street, NE. We'll light 100 candles on the
block to bring attention to this and all unsolved murders in out city.
Please join us!
Susan Svengros was murdered in her apartment on the 400 block of F
Street, NE, and the forensic evidence from the case was left in a
storage closet for nearly six months before being turned over to the FBI
Crime Lab. Without DNA no murder gets solved! For two years this murder
has gone unsolved, for two years our neighborhood has been the victim of
police work that failed! Join us to bring quiet, peaceful, reverent
attention to this problem and to this loss in our community. For further
information you may call Keith Jarrell, 548-8515.
###############
Still Space for Local Artists to Sell/Exhibit at Glover Park Day
Judie Guy, gpgazed@aol.com
We still have space available for artists and crafters at the 12th
Annual Glover Park Day on Saturday, June 2, at Guy Mason Rec Center near
the corner of Wisconsin Avenue and Calvert Street. It's a great
neighborhood festival with three bands, food from award winning local
restaurants, prize drawings, kids' activities, a flea market, and an
variety of unique arts and crafts for sale. If you are an artist/craftperson
or represent one and are interested in a space, E-mail me at gpgazed@aol.com
for information on securing space.
###############
CLASSIFIEDS — DONATIONS
DC General Legal Defense Fund
John Collins, jecollins@llgm.com
Councilmembers David Catania and Kevin Chavous and the Committee of
Interns and Residents have filed motions in the US District Court for
the District of Columbia on April 30 asking the Court to rule against
the Control Board for its actions to force the privatization of DC
General Hospital. The case is pending, and a hearing will be held before
Judge Richard Roberts on June 8 to decide the legal merits of the
complaint.
My firm, LeBoeuf, Lamb, Greene and MacRae, is representing the
plaintiffs, and a legal defense fund has been established to help defray
the expenses of the suit. Checks should be made payable to LeBoeuf,
Lamb, Greene and MacRae, and a notation should be made on the check that
it is for the DC General Defense Fund. Checks may be sent to me, John
Collins, at the law firm, 1875 Connecticut Avenue, NW, Suite 1200,
20009.
###############
CLASSIFIEDS — SERVICES
Computer Technician Available
Chuck Jones, mcr-pc@mindspring.com
Professional hardware/software technician available for house calls
in the city. Excellent references available. PC or Mac. Call Chuck at
463-8688.
###############
Computer Technician Available
Chuck Jones, mcr-pc@mindspring.com
Professional hardware/software technician available for house calls
in the city. Excellent references available. PC or Mac. Call Chuck at
463-8688.
###############
CLASSIFIEDS — RECOMMENDATIONS
For Phil Greene, who is looking for a reliable TV repair shop: Try
Dnaco Electronics, on Gist Avenue in Silver Spring. I've known the owner
since he was a kid in the '60s, and even then he was an expert in
repairing all sorts of electronic devices. As an established TV
repairman, he is skilled and honest — what more could you ask for?
###############
Looking for fun D.C. Web sites? Don't miss the latest, Motorcadecam!
See cam-photos of motorcades as they whiz up and down Connecticut
Avenue. Lots of cool links too, including great historical presidential
motorcade photos. Not selling anything, no advertising, just for kicks.
Stop by! http://www.foto411.com/motorcadecam.
###############
themail@dcwatch is an E-mail discussion forum that is published every
Wednesday and Sunday. To subscribe, to change E-mail addresses, or to
switch between HTML and plain text versions of themail, use the
subscription form at http://www.dcwatch.com/themail/subscribe.htm.
To unsubscribe, send an E-mail message to themail@dcwatch.com
with “unsubscribe” in the subject line. Archives of past messages
are available at http://www.dcwatch.com/themail.
All postings should also be submitted to themail@dcwatch.com,
and should be about life, government, or politics in the District of
Columbia in one way or another. All postings must be signed in order to
be printed, and messages should be reasonably short — one or two brief
paragraphs would be ideal — so that as many messages as possible can
be put into each mailing.
