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September 2, 2001

Constitutional Matters

Dear Constitutionalists:

I'm calling another temporary halt to the statehood-Constitution debate; we're getting awfully repetitive again, so let's give it a rest for a few months. Besides, we have another Constitutional debate with important local implications to take its place. Below, Willie Schatz and Victor Chudowsky give differing positions on the World Bank/IMF protests, and last Wednesday, in his “Undernews” E-mail newsletter, Sam Smith asked what I think is the important question: what possible Constitutional grounds are there for Chief Ramsey's unilaterally and on his own authority declaring what is in effect martial law and for his suspending Washingtonians' rights of free speech, free assembly, and free movement?

Smith wrote: “The latest indication that America is, in important ways, no longer a functioning constitutional democracy, has been provided to us by the DC police department which, in a move as hysterical as it is unconstitutional, has declared that a 70-square block area of downtown Washington will be under de facto martial law during the meetings of the World Bank and International Monetary Fund. So routine has this sort of thing become that you don't even need a declaration from a mayor, governor, or president anymore. Any police chief will do. In this case, Chief Charles Ramsey's unilateral assumption of dictatorial powers over downtown Washington includes the building [of] a nine foot wall, restricting the right of travel to those of whom the police approve, the removal of post office and newspaper boxes, and a ban on mail and express deliveries. And for what reason? 'Our motives are to ensure that business owners’ business property and persons are protected,' said MPD communications director Kevin Morison. Until recently, it was a given in America that one did not suspend the Constitution just to protect plate glass windows.” (http://www.prorev.com/indexa.htm, August 29 column)

Let's not discuss whether the protesters are right or wrong. That's beyond the scope of themail and, even if we disagree with these protests, these kinds of restrictions are certain to be applied against the next protest march, with which we may agree. Or perhaps we should simply trust our police chiefs to distinguish between good causes, whose demonstrations they will support, and bad causes, whose demonstrations they will squash.

Gary Imhoff
themail@dcwatch.com

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Who Repealed the First Amendment?
Willie Schatz, willie@schatzgroup.com

So Ed Barron would further isolate the incredibly insular IMF aristocrats from the huddled masses seeking peaceably to assemble and petition the government for a redress their grievances? (A constitutionally guaranteed right for the last 210 years, according to my last reading of the First Amendment. Perhaps he should make his first.) How democratic! So those who have very little voice about their economic status would have even less, eh? And where shall the plutocrats gather? Whitehorse? Greenland? Death Valley? No, I've got it: Tierra del Fuego.

If I were going to “bet that the late September meeting here in D.C. will be a benchmark for violence” — I'd put my money on the same people who caused the violence in Philadelphia, in Seattle, in Quebec, at the “inauguration” and in Genoa: the police. Naturally, they've yet to be, and never will be, held accountable, so I'd lose even though I'd won.

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Protesters Should Pay
Victor Chudowsky, vchudows@yahoo.com

Until recently I really did not care too much about these “anti-globalization” protests taking place everywhere. However, since Seattle, and recently Genoa, it is clear that instead of informed lobbying and protest, something far uglier has emerged, and now we long-suffering DC taxpayers are being asked to foot an enormous bill — about $15-16 million — to provide security for the upcoming World Bank/IMF meetings. The Feds are willing to pay half. Using extremely bizarre logic, the Williams Administration then asked the IMF/WB to kick in some money, and they rightly said no. What the Williams Administration should do is to bill the protest organizations themselves. I'm not posting this to discuss the merits of free trade or economic globalization. I'm posting this because I don't want to pay a huge amount of DC's money for the actions of a few violent chumps and losers. There has already been one death, much injury, and damage to the property of honest people.

First, it is questionable whether the mainline organizations that sponsor such protests abhor violence and discourage it, and that it is only the work of a few hooligans. In fact, there has been violence and vandalism at every one of these “events” for the past two years. When a protest is called by the “respectable” organizations, they know, or should know full well by now, that the anarchists and brick-lobbers will attend, with the predictable result that police take action and arrest “peaceful” protesters. Then the crying and wailing begins about violation of constitutional rights and police brutality. Ho hum. This is getting so old — can't everyone just phone in their performances? Second, there is the fiction that these are “grassroots” organizations; as if a bunch of disgruntled store clerks are out there leafleting. No, many of these “anti-global” organizations are themselves global, and receive substantial funds from European governments, labor unions, and US and European foundations. Bono and Sting probably donate too. So they have money. If other organizations, such as Million Moms, Nation of Islam, Promise Keepers, etc., hold organized events in our city, my understanding is that they must get permits. If an organization chooses to have streets closed off, or to stage a concert or some other activity, it is my understanding that it must pay for added police. So, by that reasoning, these protest organizations should be held responsible for the costs of police dogs, removing mail boxes, putting up fences, and the many more police necessary to make sure they behave properly during their visit to our lovely city. It is only because of the violence and the “shut it down” attitude associated with such “protests” that police have to do such things. If the protesters were in fact peaceful, none of this would really be necessary, would it? It is not as if the DC cops like crowd control — they hate it. Half of $30 million is a lot of money from our city, which I am sure may be better spent in better ways. The protesters should pay up.

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Emergency No Parking Signs
Craig B. Mendelsohn, Ward 1, mendelsohndc@aol.com

I recently went to my local police department and requested “emergency no parking signs” which are used when you move in or out of your home in the District. Without such signs, one must double park, cause traffic problems, receive a parking ticket, and potentially cause a safety hazard. I was informed that the police department was out of the signs. When I expressed my concern since the upcoming Labor Day weekend and September 1 is perhaps one of the busiest times for folks to move, I was informed that the Department is not required to give out the signs — they only do it as a service for the residents. I then asked where one would go to get signs if it is not done as a “service.” They told me to go to the Reeves Center. It was 6:30 p.m. and they said they would be available at Reeves at that time so I could head over there as they may have a few signs left. Evidently everyone was running out?

I drove to the Reeves Center and, after talking with two departments, as each person sent me to another department, I left and was discouraged, as I still had no signs. I did learn that everyone was running out because they were using the signs for the upcoming IMF meetings in October. I ended up with no signs, and I was discouraged and bitter, as I find it quite frustrating when city officials tell you that they only perform a function as a service for you and they are not required to do it! If only some office at the Reeves Center is required to give out the signs (and is it?) then that is not the best service for the residents. Should residents from any part of the city have to drive to one facility in town to pick up signs so that they can move in or out without causing safety hazards to others?

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DMV Registration Renewals (or Lack Thereof)
Ryan Edelstein, Ryan.Edelstein@irrc.org

I didn't receive my renewal notices for my registration and parking permits either. Since I didn't notice, the permits expired, and one week later I had $150 in tickets. I called the Department of Motor Vehicles, and they said the computers weren't working and many registration renewal mailings hadn't gone out. I was told, as [Mitch Hyman was], that without those forms from the DMV, I'd have to go there in person. In addition to the $150 ticket I received for expired registration and tags, the DMV charged me a $20 penalty for being two weeks late in renewing. I guess the double jeopardy clause doesn't apply here. It was a completely frustrating experience, but I'm sure not half as frustrating as trying to fight the charges.

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The DMV Registration Mess
Fred Davidson, FSDavidson@aol.com

Mitch Hyman's problems with his DMV car registration sound like deja vu all over again. I also did not receive my car registration forms, so I called Councilwoman Kathy Patterson's office in mid-August. Her very helpful staff advised me to send copies of my driver's license, current car registration, and proof of insurance, along with a $80 check (made out to DC Treasurer) to the Department of Motor Vehicles, Registration Renewal, 301 C St., NW, Room 1063, 20001. An additional $10 should be included for a residential parking permit (indicate which ward you live in). Make sure to include license/tag number, driver's license number, and vehicle ID number.)

I sent my check to the DMV on August 21 and am still waiting. Depending on the date your that your registration expires, a visit to the DMV may be necessary. If so, bring all your forms. By the way, I was told that the online registration process needs to be fixed.

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No More Trees, Please
Ed T. Barron, edtb@aol.com

While strolling through AU Park recently it was very evident that the largest majority of newly planted trees in this neighborhood have died from lack of care. If trees are dying in this neighborhood it is clear that most of any new trees planted will be dead in a year throughout the rest of the city. There is a solution. That solution is to identify a guardian, by name, for every tree that is planted in the city.

New trees need a lot of water (even in heavy rain seasons) and other care. Every guardian should be provided with detailed instructions on how to care for a new tree and given a number to call if that tree is in distress. Only if a guardian is identified and agrees to care for the tree should it be planted.

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Thirteenth Street Parking
Clyde E. Howard, Jr., ceohoward@hotmail.com

If you haven't been up 13th Street lately, please take a nice leisurely drive that is long overdue. On Monday, August 27, traffic changes were made for the residents along 13th Street, N.W., from Thomas Circle to Military Road, eliminating rush-hour parking restrictions and enabling residents to park in front of our doors without the fear of getting a ticket or being towed. At last, after 37 years, I now have the grand opportunity of parking in front of my door all day.

Traffic has begun to slow down a bit, but there is still a need for red light cameras and speed radar. Residents will now be able to cross the street without running for our lives, and the children will feel a little safer. The Department of Public Works has painted boxes showing the areas for parking besides the curb. This is a great idea for defining where one can park, and it also tells the PCAs who can be issued a ticket when they park outside the box. Of course the changes are not all completed; some will have to wait until the repaving is completed on certain parts of 13th Street, but the change has come much to the satisfaction of all concerned. Finally, the DC Government has listened to the people and proceeded to make corrections. It is too bad that they will not do this with everything.

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Broadband Blues
Paul Penniman, mathteachingtoday@earthlink.net

A cautionary DSL tale: After almost three months of mostly solid connections and great phone help, my DSL connection with Earthlink was terminated in June by Verizon, who used my preliminary interest in Verizon DSL back in March as an excuse for their confusion. Since then, Earthlink has repeatedly gotten messages from Verizon through Genuity (Apparently ISP's can't communicate directly with phone companies directly, but the poor companies who get the lines DSL-ready, like the deceased Northpoint, are the ones who get the word from Verizon whether your line is equipped for DSL) that either another ISP has claimed my phone line for DSL or that my phone line is not equipped for DSL. Nothing I say to anyone at Earthlink, who are overwhelmed with callers like me, makes a difference, and my DSL connection at this point has no prospect for getting reconnected. Meanwhile DSL equipment that I returned to Verizon, they claim, never got there, and they plan to bill me $100 for it. And I get the occasional call from Verizon asking whether I am "still interested" in Verizon DSL, despite my letters to Verizon suits. Should I write the FCC? I feel like a poster boy, but I am sure I am not alone. Starpower (cable modem and local phone service), here I come?

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Brevity in themail
Lois M. Kirkpatrick, lois.kirkpatrick@co.fairfax.va.us

Perhaps a quick review of News Reporting 101 will help themail readers compose posts more effectively: (1) First paragraph: who, what, when, where, why and how. Five sentences is the absolute max. (2) Second paragraph: a teaser for the rest of your message, and the URL for where to read it. Three to five sentences max. (3) Remaining paragraphs: more detail, description, and rhetoric for those so inclined to read it. The media uses this “inverted pyramid” style of writing so that the meat of the article appears first. That way, if space is tight, editors can just lop off from the bottom without losing critical info.

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WETA-FM Radio Reception
Joan Eisenstodt, jeisen@aol.com

I think we've discussed this before. For the last two days, I've lost reception (on the Hill) for WETA-FM. Absolutely can't get it on any radio. Any clues as to why? Or more, what to do?

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DC Statehood, the US Constitution, and MD Politics
David Sobelsohn, dsobelso@capaccess.org

The idea that DC statehood would require a constitutional amendment is simply nonsense. The area comprising DC was once part of Maryland. No one argues that retrocession to Maryland would require a constitutional amendment. The US Constitution (article 4, section 3) provides that “no new State shall be formed or erected within the jurisdiction of any other State . . without the consent of the legislature[] of the State[] concerned as well as of the Congress.” But there is no constitutional bar to Congress's creating a new state within another state's jurisdiction once that other state consents. So at worst, DC statehood would require a three-step process: (1) retrocession to Maryland, (2) a vote in the Maryland legislature approving DC statehood, (3) a vote in Congress approving DC statehood.

Why would Maryland go along with this? Well, why would Maryland politicians support retrocession? Maryland Republicans won't want us because we'd make the state more Democratic. Maryland Democrats won't want us because they'd then have to share control of the state Democratic party with us. Sure, retrocession could benefit the people of Maryland. And retrocession has lots of appeal on grounds of democracy (really) and efficiency. But these arguments are far from sufficiently compelling that it would overcome the self-interest of Maryland's politicians — especially in the face of pro-statehood, anti-retrocession sentiment in DC itself. By contrast, if they're not already on board, we should be able to persuade Maryland Democrats to support DC statehood. And that, plus a majority of Congress (and maybe the support of the president) is all it would take. Not a constitutional amendment. Consequently, statehood is our best and fastest route to full voting rights.

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DC Coming Together
Mark Richards, 17&Q, mark@bisconti.com

People have been upset with the imagery of closing Pennsylvania Avenue in front of the White House. Security is important, but, it looks like our police force is about to fence off a portion of the mall for the World Bank/IMF protests that will make that stretch of Pennsylvania Avenue look like nothing — the imagery of that fence is going to be something to behold. Maybe the federal government should fence off the whole area they consider essential for its operations as the US seat of government in Washington, D.C. Then they could vote to make the whole area outside of the fence in DC a state: AREA 51. That way, we can test the theory about whether Congress has the power to create a state next to their seat of government in Washington, D.C. Go for it! Congratulations to DC’s “shadow” Representative Ray Browne for getting the 4th resolution passed in San Francisco in support for full voting rights for DC. Boston is the next stop. Too bad DC’s “shadow” offices receive no funding to assist in their efforts. Also, Congratulations to DC Vote and all the volunteers for their successful Freedom Summer project in which they gathered something like 10,000 signatures. And, get ready for a Stand Up for Democracy in DC Coalition event on Sept. 10th, just after the Council moves back to the Wilson Building, calling on Congress to pass the DC appropriations bill free of riders, and to pass Delegate Norton’s DC legislative and budgetary autonomy. I’m preparing a report on current riders for that event. Go to their website and have a look at the consensus letter and, if you agree, sign on: http://www..standupfordemocracy.org/sign-on_letter.htm. Is DC coming together with their efforts? Looks like it… A lot of people are doing a lot of great things. All these “labor of loves” add up, so Happy Labor Day!

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Statehood and the Tenth Amendment
Michael Bindner, mbindnerdc@aol.com

Mr. Matthes has stated that, in essence, the tenth amendment grants the state of Maryland some right over any part of the District freed from congressional domination in order to enact statehood, equating the national capital enclave with the other federal enclaves. If only that were so, DC residents would be entitled to congressional representation and local self-government through Maryland. The federal courts have decided this is not the case, leaving District residents with unequal rights and unequal protection — which is a violation of the fifth amendment. According to these decisions, Maryland forfeited all rights when the treaty was ceded to the national government. No lingering tenth amendment right exists.

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Re: DC Statehood Versus the Tenth Amendment
George S. LaRoche, LaRoche@us.net

In his latest posting (August 29th), Mr. Matthes introduces a novel argument concerning the Tenth Amendment. Nothing in the history that led to ratification of the Tenth Amendment (see David E. Kyvig, Explicit & Authentic Acts; Amending the US Constitution 1776-1995 (1996)) nor in its construction by the Courts (see Laurence H. Tribe, American Constitutional Law (2d ed. 1988) gives the slightest reason to think that it stands against statehood for the District. As for his reference to federal enclaves, most of the time when Congress has acquired federal enclaves, it acquired the very same “legislative control” over the enclaves as it holds still over the District, for the very same “sole purpose[s as in] creating the district.” The law is absolutely clear that because of this, there was absolutely no difference between the status of the enclaves and that of the District of Columbia (see Jurisdiction Over Federal Areas Within the States; Report of the Interdepartmental Committee for the Study of Jurisdiction over Federal Areas Within the States; Part I: The Facts and Committee Recommendation (1956) and Part II: A Text of the Law of Legislative Jurisdiction (1957)). Yet now, all those enclaves have been made parts of the states in which they were located, without any problem raised by the Tenth Amendment (see Howard v. Comm'rs of Sinking Fund, 344 US 624 (1953) and Evans v. Cornman, 398 US 419 (1970)).

And Mr. Matthes' reference to “making states out of national parks or forests” reveals a common misconception what a “state” is, for constitutional purposes. States are people, “not trees or acres” (Texas v. White, 74 US (7 Wall.) 700, 725 (1869), reaffirmed in Gregory v. Ashcroft, 501 US 452, 457 (1991); quote from Reynolds v. Sims, 377 US 533, 562 (1964)), so statehood for the District pertains to the half-million-plus people here, not the acreage within which they reside.

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DC Statehood Versus the Social Contract
Harold Foster, Petworth, hfoster@mncppc.state.md.us

To paraphrase one of my favorite lines from 'The Twilight Zone' (which is relevant here in more than just a passing sense): Mr. Mathes' thought processes elude me; they positively elude me. As a third-generation Washingtonian — and, as such, a candidate for the endangered species list -- I continue to fail to fathom these intricate alternating monologues about what the original intent of the framers of the constitution was when it comes to enfranchising citizens of the District.

Do we still care what their intent was when, in effect, they relegated my (male) ancestors to being 60% of a white, male, adult property-holder? Or when they accorded even less social standing to ALL our female forebears? Or when they relegated Native Americans to the status of absolute constitutional zero? Why did the framers pick 1809 as the date to cut off the African slave trade? Why not 1810? Or when the number of kidnapped Africans here reached a specified level, or percentage of the white population? Why would or should anyone CARE now?

John Adams wanted the president referred to as “His Elective Majesty.” Wonder why the framers didn't address that in this overblown, originally very selective and restrictive social contract. A contract to which people in this country attribute far too sweeping and timelessly dispositive characteristics.

Closer to Home: let's get local: what was the constitutional magic of selecting a “ten mile square” so-called Federal district, as opposed to five miles square or one mile square? Or why didn't they just designate, say, Vermont (then trying to secede from Massachusetts) as the Federal district, and move the seat of national government to Burlington? Again, does anyone CARE to fathom these intriguing but politically meaningless “alternative futures of the past?”

W.E.B. DuBois said in Reconstruction that the Constitution was 'nothing more than a written, formalized, version of a handshake agreement among white, property (slave)-holding gentlemen to consolidate social and political arrangements largely inherited from the British they had just forcibly evicted from their markets, their virgin frontiers and hinterlands, and their electoral calculus.'

Now. Well over 99.9% of us don't come close to Dr. DuBois' succinctness, never mind his eloquence, in giving a much more realistic context to the ultimate, everyday social value of the constitution. But, I do suspect and submit that the majority of the victims — as opposed to material beneficiaries — of what the constitution has historically represented would come a lot closer to his more cold-blooded assessment of these couple of sheets of paper than those who excuse a rank electoral injustice by trying to find something on those sheets that either condones it or refuses to mandate a specify remedy for it.

The Bible clearly directs “slaves to obey their masters,” never mind sanctioning capital punishment for crimes like stealing bread. (Probably explains why something like 72% of all Republicans describe themselves as “very literal” in their interpretations of The Good Book. . .) Anyway, that particular de facto social contract has been on the books a lot longer than those damned Letters From Philadelphia. So, should African-Americans worry that those “mandates” might some day find favor here again? It is a logical, rhetorical extension of the interpretative absolutism Mr. Mathes seems to be so comfortable with when using the constitution to excuse something that is clearly unconstitutional.

In fact, as I (think I) get it, by Mr. Mathes' lights, let's just abrogate the 13th, 14th and 15th Amendments while we are going about this cleaning up of the constitutional intent of bankers, land speculators, loan sharks and, in Edmund Burke's apt phrase: drivers of Negroes. And just think, we could do that on the clearly substantive grounds that they exceed the original intent of most — if not all — of the framers, all of whom always assumed (as Lincoln himself originally did) that, if manumitted at all, “we” would have to be resettled somewhere outside what is now the United States.

You see, Lady and Gentlemen of the Jury, to Us “your” constitution is thought of much like what Chief Joseph told General Sherman about all US laws: “Your laws blow on the wind. They mean what you want them to mean.'”

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CLASSIFIEDS — EVENTS AND CLASSES

Slide Lecture: The Washington National Mall
Jerry A. McCoy, sshistory@yahoo.com

Join historian Peter R. Penczer as he presents a slide lecture of images from his forthcoming book The Washington National Mall. Penczer previously published Washington, D.C., Past and Present. Wednesday, September 12, 12:00 p.m., Washingtoniana Division, Room 307, Martin Luther King, Jr., Memorial Library, 901 G Street, NW. Metro: Red Line, Gallery Place, 9th Street Exit. The event is free and open to the public. For more information, call Jerry A. McCoy, Washingtoniana Division, 727-1213.

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Learn about the District’s School Nurse Program
Susie Cambria, s.e.cambria@verizon.net

DC Action for Children is sponsoring a community dialogue on the District's school nurse program on Wednesday, September 5, from 3:00 - 5:00 p.m. in the 7th floor conference room at 1626 P Street, NW. Panelists include Julia Lear, Center for Health and Healthcare in School, George Washington University; Jennifer Ragens, School Health Program, DC Public Schools; Eve Brooks, Center for Student Support Services; Children’s National Medical Center; and the DC School Nurse Association. The event is free and everyone is encouraged to attend. Parking is limited; Dupont Circle (south exit) Metro stop. Direct questions to DC ACT, 234-9404.

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Arts for Health and Self-Development
Juliet Bruce, juliet@artsforlife.com

September Workshops from Institute for Transformation Through the Arts, Inc. ITA is a nonprofit organization that offers arts-based programs to support the health and well-being of people and communities. The following workshops are not therapy groups. We don't diagnose, fix, or give advice. What we offer are sanctuaries for creative process, where you can express and explore yourself, find a new perspective on experience, and transform problems into life-affirming creations. In the words of Shaun McNiff (Art as Medicine, Shambala, 1992), “This immersion frees a person from the ordinary, the familiar, rules, the system, the conscious, controlling side of our personalities. Hidden characteristics of the self shine forth. In this special space, the person experiences themselves beyond label, self-concept, problem. It is in this place that the person can shape new ways of being, create new life, find a new direction.” You don't have to be an artist to participate in our workshops. There's no judgment here, only playful exploration in a safe and beautiful space. Contact juliet@artsforlife.com for more information or directions.

The Art of Life: Meeting Your Life Through Dance, Drawing, and Writing. Saturday, Sept. 22, 2-5. Requested donation: $30 payable in advance. Using the mystery and magic of creative process, this workshop explores the boundaries of our lives -- our intersections with the outside world, other people, and our own deepest needs. Our media will include Qigong-based movement, expressive drawing, and spontaneous poetry. To register, please send a check payable to ITA to Institute for Transformation Through the Arts, 1806 Lamont St., NW, #3. Your donation is tax-deductible and greatly appreciated, as it helps to support our programs for underserved populations in our community.

Creative Recovery: Healing Flow Through Movement and Metaphor. Saturday, Sept. 29, 3-5. Requested donation: $20— or whatever you can pay. This workshop meets the fourth Saturday of each month and is meant for people in recovery from their own or others' addictions, depression, or life crisis. This relaxed and loving workshop provides a sanctuary for deep recovery through meditation, music, visual arts, Qigong-based movement, and writing. If you're in 12-Step Recovery, this workshop will greatly enhance it. If you're not, we look forward to sharing this strengths-based, life-affirming approach with you. Other upcoming workshops this fall/winter include jewelry design and writing, writing circles, “Tea with the Masters,” and our popular “Goddess Workshops,” which use the basics of belly dance and writing to help women connect in a safe and playful way with their sensuality and feminine power.

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CLASSIFIEDS — HOUSING

House to Share
Rae Kelley, rkelley@asprs.org

Located half a mile from Howard University, close to bus line and Metro. Furnished house to share, newly remodeled kitchen, has most modern conveniences, share bathroom. Two cats reside in the house. Another cat is welcome. 450.00 plus half utilities. Contact jadziascat@yahoo.com.

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CLASSIFIEDS — RECOMMENDATIONS

Bank Recommendation
Paul Penniman, mathteachingtoday@earthlink.net

Almost a year ago SunTrust bought Crestar, and since then they have been nickeling and diming us to death. Can anyone recommend a decent bank for our three accounts?

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