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September 20, 2009

Turpitude

Dear Moralists:

William Haskett and James Treworgy make two good arguments below about why it is a bad thing that DC has turned into a speed trap city. Let me make a try, too. There are two major types of crimes. Some acts are bad in themselves, and when we make these crimes illegal we want to catch and punish every person who commits them. Murder and robbery are bad, and we don’t want “moderation” in solving those crimes. But other acts aren’t bad in themselves, though they may be illegal. Driving at 35 miles per hour isn’t a bad thing. It could be illegal to drive at 35, if the speed limit is 25 miles per hour, but there is no moral turpitude involved in driving at 35 mph. Speed limits are practical matters; if they are set reasonably in order to ensure public safety, they are socially useful. But even then, we want speed limits to be enforced only as much as necessary in order keep traffic in general traveling at a safe speed. We don’t want over-enforcement both because we know that speed limits are to a large extent arbitrary and because there is no moral failing involved.

Towns that set their speed limits too low for actual driving conditions, and then enforce those speed limits strictly without regard for how enforcement has an actual impact on safety, earn our disapproval. The same goes for towns that install red light cameras at places where the red lights may be unexpected or are difficult to see until the last minute, or that install red light cameras and then shorten the time for yellow lights. An even clearer example of laws that create crimes that have no moral component is parking laws. A town that makes its parking regulations and parking signs and notices confusing and difficult to obey, and then blanketly issues parking tickets, isn’t just enforcing the law; it is simply manipulating laws with the purpose of issuing tickets.

In the past, these problems have usually been associated with small towns that use traffic laws as a desperate money-raising opportunity, and these towns have been scorned as backwaters to be avoided. Now, some big-city mayors and councils have decided that they, too, can use traffic laws as revenue raisers, that there is no shame in turning their cities into speed traps, or red-light traps, or parking traps. Washington is one of those big cities. Keep it up, and we’ll be like those small towns in the ’50’s and ’60’s that were on the “to be avoided list”: if you’re going north or south on the east coast, and passing by Washington, stay on the beltway and keep out of downtown.

Gary Imhoff
themail@dcwatch.com

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In Memoriam
Elizabeth McIntire, elizabeth at innercity dot org

Despite the “Public Realm” improvements to Park Road, as of Wednesday, September 9, it was a poorer place. When I reached the Urban Forestry Administration Thursday morning, stating I was inquiring about a permit, the person responded: “Do you want to take a tree down?” From their web site: “Trees add beauty and improve personal health. Trees are major capital assets in America’s cities and towns. . . . Trees — and, collectively, the urban forest — are important assets that require care and maintenance. Trees are on the job 24 hours every day working for all of us to improve our environment and quality of life. Without trees, the city is a sterile landscape of concrete, brick, steel and asphalt. Picture your town without trees. Would it be a place where you would like to live? Trees make communities livable for people. Trees add beauty and create an environment beneficial to our mental health. . . . Trees impact deeply on our moods and emotions, providing psychological benefits impossible to measure. A healthy forest growing in places where people live and work is an essential element of the health of the people themselves.”

Well, it turned out there was a permit issued, and the property owner removed the tree which qualified as “special” for having a circumference of at least 55 inches — in this case, over one hundred inches. It was at least seventy feet tall and probably sixty feet across. It was, as certified by the required arborist’s inspection, sound and healthy. Nevertheless, the permit was granted. There is hardly any bit left but sawdust at 1511 Park Road.

I am dismayed that some way was not found to preserve this graceful green presence during construction. Park Road is now a “sterile landscape of brick, concrete and asphalt.” There have never been any street trees in this block, only this majestic, healthy, splendid American Elm.

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Illegal Parking of Storage Unit
Annie McCormick, mamccredz@msn.com

This is astounding, and I have lived here for most of my life. A huge storage and moving (SAM) unit was placed in front of a residential building in a “yellow” zone, a loading zone in front of a residential apartment building, fewer than twenty feet from a fire hydrant on a one-way street. I called 311, since it was not an emergency. I spent fourteen minutes on the phone, talked to someone, lost the call, called again, talked again, lost the call again, and then called again. I finally talked to someone who said it was not their problem. I called again, asked again, and talked to over four people — because they “lost the call” or, I suspect, hung up on me. I finally reached someone who was almost willing to talk to me; he said it was not their problem and to call the permit office, and then he gave me the wrong number!

Much, much exhaustive and infuriating research was required to find out why that the SAM unit was parked illegally. They will place them down even in an illegal yellow non-parking and loading zone right in front of a residential building, fewer than twenty feet from a fire hydrant and directly in front of a residential apartment building less than ten blocks from the White House. A car that is parked there gets a parking ticket, yet that storage unit did not get ticketed. I saw a parking enforcement official immediately ticket a car that was there at 4:00 p.m. on a Saturday afternoon two weeks ago. Perhaps parking enforcement will not check to see if that unit has a permit since it is not a vehicle?

Calling SAM Portable Moving and Storage Containers at 1-800-438-2726, I found that their system will “only recognize a verbal response.” I called over fifteen times and talked to four different people, and I only garnered a “we only have ten people here.” Asking for legal and marketing got me nothing. I finally got a call back from a “Barbara,” who I suspect was one of the “ten,” who said that it would be removed “tomorrow” (which was Tuesday). It was not removed until Wednesday. I requested a sample contract so that I could review it to see if they advised their clients of the responsibility to get a permit. I was told that the person “had the permission of the management” to put a huge storage unit in front of the building.

Finally, I called the DC Department of Public Space permit office at 442-4670; there was no permit issued for the storage unit. They were very helpful. I was assured by the DOT by a vigilant and dedicated employee that the management of the building would be fined. I hope I can trust them to do that. The unit was finally removed; by whom I do not know. If a storage unit is placed somewhere and it is an issue, look into it. If you contract to put a storage unit somewhere, make sure it is legal and you get a necessary permit. I did over four hours of exhaustive research to find out that it was, indeed, illegal to park that “SAM” storage unit outside the building without a permit.

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Online Service Request Center Upgrade Unannounced
Qawi Robinson, qrobinso@lycos.com

For the past three weeks the dc.gov arm of 311 has been upgraded. Most haven’t noticed or seemed to care, that is, unless you requested City Services online. While the current administration is steering folks to online solutions, the online solutions have some hiccups that need to be rectified or at least stated when someone tries to use them. In all the PR blitz that is dc.gov — or Adrian Fenty, for that matter — one would think that the public would be routinely aware if online city services were being upgraded or had issues. Case in point: I recently requested a Bulk Trash Pickup (something I’ve grown accustomed to doing now for several years). I noticed that the look and feel of the web site had changed, but my expectation was that the functionality didn’t. I was wrong.

The previous version allowed citizens and guests to modify several fields, including date, type of debris, items, and others after a request was made. The latest version does not allow any modification of requests. In fact, when I called 311 to modify the request, the call taker told me that it could not be done with the new system. It was recommended that I call on Monday and make a new request. Adding more insult, apparently the new and old system are both accessible. When logging into dc.gov and checking the status of requests, I get my old requests, but none of the new ones. I’m not here to gripe, but I’m wondering if anyone else got any notification that the system was being upgraded. I’m not asking for mass firings, but something as simple as putting a disclaimer on the web page or a basic “pardon our dust” would’ve helped immensely.

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DCPS Building Representatives and LSRT Members
Erich Martel, ehmartel at starpower dot net

On Monday, September 21, principals will meet with instructional superintendents to get their revised budgets. There should already be LSRT meetings scheduled to review the budget and make recommendations (advice) to the principal. LSRT members cannot give good advice if you do not have complete current and projected budget, staffing, and hiring information. Therefore Building Representatives and LSRT Members should request this information from the principal. Failure to provide accurate information may be grounds for challenging a principal’s decision (the principal is not required to accept the advice of the LSRT, but is required to receive it). Important Point: “the LSRT” is the LSRT meeting in quorum (a majority of members, including the following three: principal or designee, building representative or designee, and one parent). LSRT members should not allow a small, non-quorum group or a non-LSRT group (such as the PTSA) to stand in for the LSRT. If this happens, you should inform the Washington Teachers Union, gparker@wtulocal6.org, or your field representative and Deputy Chancellor Kaya Henderson, kaya.henderson@dc.gov.

Recommendations to Building Representatives and LSRT members: 1) request by E-mail that your principal and LSRT chair tell you when the LSRT meeting to discuss the RIF budget change will take place. 2) If no LSRT meeting is scheduled, make a formal request by E-mail to your principal and LSRT chair requesting that an LSRT meeting be convened to review the revised budget for your school. 3) Request by E-mail that the principal provide you and all LSRT members with the following: a) the complete current budget document for your school, including the complete, official staffing list showing names of all staff by pay plan and pay grade and certification; b) all documents and directives that the principal received from the instructional superintendent explaining how to implement the RIF. c) The current master schedule showing teachers, assigned classes, numbers of students in the classes. The document to request is called the “Enrollment Summary by Section (Course)” DCSTARS report # “SCH570R” At the high school level, this document sequences the master schedule by course code, starting with A05 (Art and Design Foundations). The important information that the master schedule shows is: Course Title, Section number, Teacher(s) Name(s), Day (if scheduled every other day), Period, Enrollment Cap, Seats Used (Actual enrollment), number of Special Education students in each section. d) The list of all new hires since May 1, 2009, date of hiring and certification.

4) The building representative and all LSRT members should be aware of the following: the definition of consensus in the LSRT Guidebook: “Consensus: Implies general accord. This does not imply a certain level or degree of enthusiasm, but that parties can accept the results and agree to live with the decision.” Hopefully, all members can reach a viable consensus that puts students’ classroom learning needs first. If that is not the case, you should clearly state, “I cannot accept the results,” or “As the representative of my school’s teachers [or] parents, I do not agree to live with the proposed decision.” Make sure that the lack of consensus is recorded. Be sure to report your LSRT’s decision to the deputy chancellor and to the Washington Teachers’ Union.

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Right-Sizing the Education Empire
Paul Michael Brown, pmb@his.com

After years of reading about the sclerotic and feckless bureaucrats at the DCPS central office I was pleased to learn Chancellor Rhee is finally dismissing some of their number. Here’s hoping those left behind will get the message and get to work. I was also heartened to read Ms. Peterson’s report that the chancellor has dismissed “hundreds of teachers” in the past twenty-four months. Enrollment has been falling for many years, and even Ms. Peterson concedes the current enrollment number is inflated. It’s nice to see the chancellor and her staff are working toward equalization of the school system’s resources with the ever-shrinking enrollment.

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WASA and FEMS
William M. Walker, DC WASA, Chairman of the Board
through Michele Quander-Collins, michele.quander-collins@dcwasa.com

I read your posting in themail entitled “Proposed Zoning Changes and the City’s Aging Infrastructure” [September 16]. There is plenty in your article that I could take issue with, but I will not at this juncture. However, I will take issue with one statement that anyone who attended (and listened) to the hearing and read the submitted testimony would clearly determine as erroneous. “It was an opportunity — a missed opportunity —for WASA and the Fire Department to stop pointing fingers at each other and begin pointing to the necessity for the DMPED and OP to furnish a strategy to improve the city’s aging and inadequate infrastructure before placing additional strains on a failing system.” The documentation and testimony made at yesterday’s hearing reflect anything but DC WASA and FEMS “pointing fingers.” There was a very clear and detailed presentation made by DC WASA on the aging infrastructure and how the water system works. Your readers deserve more accurate reporting of what took place in yesterday’s hearing and how DC WASA and FEMS are working collaboratively to ensure the safety of the District’s residents.

[I watched the September 16 city council hearing on the problems with fighting the fire and water pressure at Peggy Cooper Cafritz’s house, and the clear impression that I got was that Fire Department and Water and Sewer were not working together well. After the large fires in 2007, DC WASA was supposed to get maps identifying operative and inoperative fire hydrants, and identifying how much water pressure they had, to the Fire Department. A series of mishaps and miscommunications over the past two years meant that the Fire Department didn’t have maps they could use until after the Cafritz fire (and the Fire Department still keeps the hydrant maps in its offices, not on fire trucks). DC FEMS and WASA still have no plan to deal with water supply fire hazards in more than thirty-five locations with low water supply that were identified in 2007. There are more than eighty eight-inch water mains in DC that are more than one hundred years old. Neither DC FEMS nor WASA has a list of “private” water hydrants, those that were not installed by the city, and neither agency assumes responsibility for maintaining private hydrants. I certainly was not reassured. — Gary Imhoff]

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Bringing the Law into Disrespect
William Haskett, williamhaskett@hotmail.com

I wrote this E-mail (one of several) to the Department of Motor Vehicles Adjudication Services in March of this year, thinking it might evoke a thoughtful answer; it did not. “Attached you will find the complete copy of the ticket #FO 14902830/citation # 01490283. I wish to request its dismissal on the following grounds: although the pretense of the District’s regulation is that this (and most others as well) is grounded in public safety, there is no such showing in the ticket itself, or in the photograph which it contains. Self-evidently, the light is good, the road is straight at that spot, and there is no other vehicle in sight to raise alarms or safety concerns. There is no allegation that I was driving erratically or in any manner at all that would touch safety matters. I believe that I know precisely where the photograph was taken, and MacArthur Boulevard in the 4700 block is quite straight. To the right of the picture is the reservoir, without any entrance gate to the road, and the houses on the left are single-family occupied, not at all likely at 1.30 in the early afternoon to create a traffic hazard for someone driving on the other side of the road.

“In fact, this is the very type of irresponsible enforcement policy that brings the law itself into disrespect. Safety is alleged but not shown: the posted and the permitted speed are separated by ten miles per hour, and my ‘permitted’ speed is one mile per hour over that given me by a claim of police or City ‘discretion’ and is probably quite unknown to any but local drivers. If the law were clear, and I had broken it, I would be the first to acknowledge it. The process of ‘hearing’ is not, in fact, a legal process at all, otherwise I might have used it; the only evidence admitted is an acknowledgment of a photograph of the car, and the appeal from it is to a Board of Appeals (personnel and rules of procedure unknown) at which those ‘accused’ are not permitted to appear.

“The system is essentially and not accidentally discriminatory, as the acknowledged and claimed distribution of tickets between District residents (who receive many fewer) and commuters using MacArthur Boulevard in their journey to and from work (who receive the great bulk of the tickets given there — as I learn from the police reports given regularly at the monthly meetings of the Palisades Citizens Association.) Finally, it is reasonably obvious that almost the whole administration of this segment of traffic law is driven not by safety considerations, but by fiscal interests of the city itself. This is intolerable. It distorts the justification for government, while holding the fig-leaf of a concern for public safety before the interest in a money-return to the public treasury.”

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Speed Traps
James Treworgy, jamietre@gmail.com

Philip Wirtz argues [themail, September 16] that zealous enforcement of laws such as speeding and red-light running is just fine because it’s against the law, and more power to DC if we make money doing it.

Let’s look at this another way. Imagine a futuristic world where DC had the power to monitor your speed every single second, and every time you exceeded the speed limit you would be penalized financially. You go over 25 miles per hour and a red light goes off in your car advising you that you have just gotten a $25 ticket.

Would this be a problem to you? If so, why? Because your argument works perfectly to defend this situation as well, and indeed an absolute police state. “If you’re not doing anything wrong, then why would you care?”

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CLASSIFIEDS — EVENTS

Honoring Delores Kendrick, September 22
Lisa Alfred, lalfred@wdchumanities.org

The DC Commission on Arts and the Humanities honors DC Poet Laureate Delores Kendrick on Tuesday, September 22, at the Heritage Center at the Navy Memorial, 701 Pennsylvania Avenue, NW. Reception at 6:00 p.m., ceremony from 7:00-9:00 p.m. Hosted by Carl Cole, with readings by Ethelbert Miller and A. Van Jordan. Performance by Delores Kendrick and the Capital City Symphony String Quartet. For reservations call 724-5613. To reserve a space on the shuttle and to RSVP, E-mail dccahevents@gmail.com.

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Take Back DC, September 22
Parisa Nourizi, parisa@empowerdc.org

Save child care! Stand with workers! Demand Accountability! Stop privatization! Take action. September 22, 8:30 a.m., rally and press conference; 9:30-12:00 p.m., park the hearing room, 1350 Pennsylvania Avenue, NW.

Bring children! Show the council what it’s like when you don’t have child care! Demand the council act to stop Mayor Fenty from causing further harm to DC residents and workers! Stop the closing of child care centers; stop the privatization of city services; stop the disposition of public property. Save jobs, save residents, take back DC! Sponsored by Take Back DC: a coalition of city workers, residents, labor unions, and community groups that are taking collective action to demand the immediate halt to the privatization of public services and sale of public land, an independent assessment of the impact of recently privatized departments, uniform wage parity for taxi drivers with other major metropolitan areas, that the city honor union contracts and bargain in good faith with city workers. RSVP to Empower DC, 234-9119.

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Save Our Teachers, Our Students, and Our Schools, September 24
Candi Peterson, saveourcounselors@gmail.com

According to inside sources, DCPS instructional superintendents met Saturday at a breakfast meeting and got their marching orders from Chancellor Rhee. They were advised to meet with DC principals on Monday to inform them that layoffs will start next week for teachers. Principals will be advised to lay off teachers as early as next week. Most of the layoffs will impact DC teachers and some school-based personnel. It is reported that even some principals and vice principals will also be let go.

Rhee promises to pay DCPS employees one month of their salary in lieu of a thirty-day notice required when implementing a reduction in force. RIF’d staff will all be let go prior to September 30. Rhee is anxious to get teachers and other DC staffers out as quickly as possible.

Rank and file educators will gather outside of the DCPS central office on Thursday, September 24, starting at 4:00 p.m. to protest teacher layoffs. We request that other laid off and terminated government employees, parents, students, city workers, residents, community activists, local leaders and the media join us in taking a stand for our teachers, students, and schools. We are baffled that Chancellor Rhee hired over nine hundred new teachers this summer, and that only one month into the school year announced that — due to a budget shortfall — she will make imminent teacher layoffs prior to the start of the fiscal year. Please join the rank and file this Thursday as we protest Rhee: The Teacher Terminator.

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Tenant Association Summit, September 26
Deloris Anderson, dropolisci51@verison.net

The District of Columbia Office of the Tenant Advocate will hold the second annual Tenant/Tenant Association Summit on Saturday, September 26, at the Kellogg Conference Center on the campus of Gallaudet University. Registration begins at 8:00 a.m. with the program starting at 9:00 a.m. Lunch will be provided. Free shuttle bus service will operate all day between Gallaudet University and the Union Station and Rhode Island Metro Stations. The summit is free of charge. Sessions include emergency preparedness, renters insurance, legal and legislative developments, housing code enforcement, art of lobbying, and tenant association sustainability. You can register online at http://www.regonline.com/builder/site/Default.aspx?eventid=743971 or call 719-6560 to register by telephone. For additional information contact Office of the Tenant Advocate staff member Delores Anderson at 719-6560.

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Historic Church Tour and Gospel Round-Up, September 26
Sylvia Brown, ANC7C04, 7c04@anc.dc.gov

On Saturday, September 26, at 12:00 p.m., the Deanwood Heights Main Streets is hosting “Tour Deanwood’s Places of Worship: Faith and Foundation” in conjunction with the IDEA Public Charter School’s Annual Deanwood Day at 1027 45th Street, NE. Deanwood, home of history and urban nature, holds a wealth of cultural heritage facts unknown even to residents let alone to residents across the District and visitors. The architectural and cultural tour of Deanwood’s churches aims to engage and educate audiences about the heritage of some of the neighborhood’s churches dotting the residential and commercial corridors and the importance of preserving the history and buildings as we welcome a revitalized neighborhood. Several high-profile economic development projects underway and planned in Deanwood will also be highlighted along the tour route. More details can be found at http://www.dhmainstreets.org and by calling 621-2288. The Faith and Foundation tour is made possible with support from the Humanities Council of Washington, DC.

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