Crime and Public Safety Meeting Agenda for 5/22/13

ADVISORY NEIGHBORHOOD COMMISSION 2F

CRIME AND PUBLIC SAFETY COMMITTEE MEETING

Wednesday, May 22, 2013, 7:00 PM

Washington Plaza Hotel

10 Thomas Circle, NW

 

 

  1. Crime Statistics & Trends
  2. Open Forum
  3. Review Community Crime Awareness Event/Outreach
  4. Community Impact Statement for U.S. v Deangelo Providence
  5. 911 Call Response Times
  6. Discussion of draft “Resolution in Support of the Bicycle Safety Amendment Act of 2013 and Further Pedestrian and Bike Safety Improvements”

Crime Statistics and the draft resolution can be downloaded at: CPSC Agenda_20130522

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ANC 2F and MPD Host Crime Awareness Event This Sunday

Community awareness about crime is one of several factors that can keep the crime rate low in our neighborhood. Therefore, ANC 2F and the Metropolitan Police Department (MPD) are teaming up to host a Neighborhood Crime Awareness Meet-and-Greet outside Whole Foods on Sunday April 14th from 1-2:30 p.m. to share information and tips to avoid becoming a crime victim. Representatives from MPD and the ANC 2F Crime and Public Safety Committee will be on-hand to answer the community’s questions about neighborhood crime.

Typically, crime increases during warmer months as more people get out to enjoy our vibrant neighborhood. Now that warmer weather is finally here, now is the time to learn how to prevent crime and avoid being a crime victim! Property crime increased in ANC 2F in summer 2012 compared to summer 2011, driven by thefts and thefts from autos. While winter 2013 saw crime drop pretty dramatically, with your help raising our community’s awareness we can keep that trend growing this summer.

Stop by and learn how you can protect yourself and make our neighborhood safer this Sunday. ANC 2F will follow-up this event with a week of crime and safety tips on our Facebook and Twitter account – so friend and follow us today!

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ANC2F Crime & Public Safety Committee Meeting Agenda Wed Mar 27th 7:00 p.m.

ADVISORY NEIGHBORHOOD COMMISSION 2F

CRIME AND PUBLIC SAFETY COMMITTEE MEETING

Wednesday, March 27, 2013, 7:00 PM

Metropolitan Police Department – Third District Station

1620 V Street, NW

Meeting will be held in the Community Room just off of the Main Lobby

 

  1. Approval of Agenda
  2. Crime Statistics & Trends*
  3. Community Questions & Forum
  4. Old Business

a)     Update on Logan Circle and Shaw/Cardozo Parks – Harassment of residents, loitering, lighting, trash

b)     Resolution on Bicycle Safety Amendment Act of 2013

  1. New Business

a)     Neighborhood Watch; training April 18, 7PM at 3rd District Station 1620 V St NW

b)     Community Impact Statements

c)     Community Awareness Events

d)     Theft and Theft from Auto Outreach

 *Including update on the status of crimemap.dc.gov if it is not back on-line

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AGENDA: Crime and Public Safety Committee 1/30 Meeting

ADVISORY NEIGHBORHOOD COMMISSION 2F

CRIME AND PUBLIC SAFETY COMMITTEE MEETING

Wednesday, January 30, 2013, 7:00 PM

Metropolitan Police Department – Third District Station

1620 V Street, NW

Meeting will be held in the Community Room just off of the Main Lobby

 

  1. Meeting Agenda
  2. Approval of Agenda
  3. Introduction of Committee Members and MPD officials
  4. Overview/Orientation to MPD in Logan Circle
  5. Logan Circle Crime Stats update from MPD and Discussion
  6. Discussion

a)     Proposed 14th/U Liquor License Moratorium

b)     Human Rights Watch Report on MPD handling of Sexual Assaults

c)     Logan Circle and Shaw/Cardozo Parks – Harassment of residents, loitering, lighting, trash

d)     Violent crimes in the area around 14th and Q Streets

e)     Prostitution

f)       Update on Mayor’s Request for Additional Officers

g)     Update on Pedestrian and Bicycle Safety

7. Annual Action/Events Planning

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The Exquisite Timing of Mood Lounge

On Wednesday, The Ethiopian Times, which describes itself as “the only English newspaper in the United State serving the Ethiopian community,” published a little jeremiad under the headline “Mood Lounge was not found quilty [sic]“:

“The Mood Lounge has been under much scrutiny by the ANC  and a select group of neighbors, some of whom have been very vocal in their mission of shutting down Mood Lounge amidst allegations of noise violations.   Despite these accusations and the relentless harassment by this group of neighbors that accompany them, to date, the Mood Lounge has not been found in violation of any noise provisions.”

The editorial began by expressing “shock” and “sadness” over the double stabbing that occurred at the de facto nightclub on Dec. 30, 2011, despite ample evidence that Mood Lounge knew very well what was going on there, did very little to put in place the measures to have prevented it, and then impeded investigators, according to the ABC Board.

While published without a byline, the post speaks in the first person:

“We are compelled to make this statement because much of what has been speculated or reported on blogs and to some media outlets related to this incident, and Mood Lounge in general, is wrong.”

One might logically question whether this “newspaper” was relying on a ghost writer with extremely close connections to the editorial’s subject, if you know what I mean.  But that’s beside the point.

And yet, Mood Lounge The Ethiopian Times was just winding up with its caterwauling about the nonexistent harassment:

“The true issue appears to be the perception perpetuated by select neighbors that the Lounge’s patrons are undesirable.  It is unfortunate that in 2011 and 2012 that a person’s skin color or attire can cause them to be prejudged as undesirable and somehow unsafe.   The Mood Lounge is patronized primarily by Ethiopians and African Americans over the age of 21.”

(Slight digression. “Primarily” must be the operative phrase, because police discovered a 19-year-old was among the patrons on the night of the stabbings.)

Ah, yes, the nuclear option of modern politics: utterly baseless charges of racism.  It’s craven, dishonest and disgusting.  It’s intellectual laziness, a sure sign that you’re losing the argument.

You’ve heard of Godwin’s Law, right? It states with only mild irony that every online discussion will eventually degenerate into somebody comparing somebody else to Nazis or Hitler.  Maybe it’s time to propose “Mimi’s Corollary,” named for the scofflaw owner of Mood Lounge, Ababa “Mimi” Beyene.

There are a host of establishments within the boundaries of ANC 2F, past and present, that have had primarily African American or minority clientele. Not a single one of them in recent memory has generated even a sliver of a slice of the complaints, pandemonium, and violations of law and regulations that Mood Lounge has inflicted on the community with relative impunity.

I have received literally hundreds if not, by now, thousands of emails from neighbors who have been on the receiving end of this abuse.  ANC 2F has heard from them at multiple meetings, and many commissioners have spoken with them outside the context of official meetings.  Not once have I heard any of them utter a single word that would call their motives into question.  It’s awfully rich that Mood Lounge The Ethiopian Times would brilliantly deduce that ”skin color” is at the root of this, when the neighbors themselves are an extremely diverse lot.

So let’s put this putrid little canard to rest, stop putting the accusers on trial, and start focusing on the issues at hand, shall we?

Instead, let’s get back to the exquisite timing alluded to above.

Just one day–one day–after this pathetic and invidiously crafted protestation of innocence, the ABC Board released its ruling on noise violations at Mood Lounge, stemming from a “show cause” hearing on Dec. 7, 2011.  To put it mildly, the Board wasn’t buying it.  Let’s skip to the ironic dessert before we enjoy the tasty entree:

“[W]e find that the Respondent guilty [sic] of the violation described in Charge I.”

In its Conclusions of Law, the ABC Board put the smack-down on Mood’s see-no-evil, hear-no-evil shtick:

“We find that the Government has shown through substantial evidence that the Respondent violated the terms of its Voluntary Agreement by playing music audible in The Nine condominiums and failing to cure the noise issues within the 30-day cure period. [...]

“[T]he Board can only conclude that the Respondent has failed to cure the violation.

“We are not persuaded by the Respondent’s arguments that its actions in this matter were reasonable or that the noise and vibrations observed in The Nine are not a material violation of the agreement. The Respondent’s arguments regarding reasonableness are irrelevant in this matter. Section 6 of the Voluntary Agreement is clear that the neighboring residents should not hear noise or vibrations from the establishment in their residences. The establishment had 30 days after receiving notice from The Nine condominium owners to resolve the problem; yet, the noise issues returned two to three weeks after the sound test on May 19, 2011. As such, because the establishment failed to cure the violation, it is liable for violating the Voluntary Agreement.

“In addition, we also find that the noise experienced by The Nine condominium owners is a material violation of the Voluntary Agreement. [...]

“The Voluntary Agreement is clear that the establishment’s neighbors have a right not to hear noise and vibrations in their residences. Thus, this prohibition is an essential term of the agreement, and necessary to ensure the neighborhood ‘s peace, order, and quiet. Any other interpretation would deny ANC 2F the benefit of its bargain with the Respondent.”

Sadly, despite the tongue-lashing, the ABC Board has been far too timid and, in the opinion of at least some ANC commissioners, is breaking the law by not permitting the commission to offer the advice to which we are statutorially entitled during last month’s hearing–not to be confused with the December hearing–in the wake of a double stabbing outside Mood Lounge.  The Board’s response to that bloody night in December was essentially to ask Mood Lounge to abide by the security plan that they were required to have in the first place.  Their response to the noise violations ruled upon today: a $500 fine.

Clearly something is wrong with this picture.

Meanwhile, the hits just keep on coming:  Yet another show-cause hearing is in the offing for additional noise violations, and ABC actions regarding still more violations are also pending.  One of these is Mood’s failure to keep a required log of the multitude of complaints that have been lodged against them.

Another, which the ANC voted upon this past Wednesday, relates to an assault that took place on Oct. 30, 2011, the alleged perpetrator of which was the promoter of the event that evening at Mood Lounge.  Teferi Getu Desta has reportedly been arrested in connection with the incident.

So ANC 2F has been engaging in “harassment”? Nonsense.  We’re just doing our job.

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Mood Lounge’s Liquor License Suspended “Indefinitely” — UPDATED

This photograph (taken by my ANC 2F-06 colleague Mike Benardo) is one of the most beautiful–and surprising–images I have seen in a long time.

By way of background, Mood Lounge took over the liquor license of a former bar at the same location, along with the accompanying voluntary agreement (VA) almost one year ago.

Under DC law, ANCs and–in some cases–groups of citizens can negotiate VAs that provide additional protections for neighborhoods, such as operating hours that are more compatible with residences in the immediate vicinity.  (ANC 2F generally doesn’t seek voluntary agreements with licensees in the central business district.)

Within a few weeks of Mood’s opening, the complaints came flooding in at a volume (literally) and level of seriousness that no current ANC 2F commissioner could recall previously during our various years of service.  There was the noise, greatly in excess of what was permitted under the voluntary agreement and DC law, essentially every night that Mood was open, often until at least 3 a.m., and then even later when boisterous patrons spilled onto the streets and loitered long after closing time.  (From this came public bodily emanations of many kinds, and even one incident of sex on the hood of a car.) Emails poured in from sleepless residents, often with time stamps around 4 or 5 a.m., detailing the BOOM BOOM BOOM of the bass levels, items literally shaking in their homes from the decibels.

(There had been a couple of issues with the previous licensee, BeBar, but they were reportedly resolved quickly.)

This happened with Swiss timepiece-like precision and predictability when Mood was open.  Management was almost entirely unresponsive to complaints, and on the small number of occasions they did respond, conditions rapidly degenerated.

Infractions were not limited to noise: vermin, trash, almost every provision of the VA possible.  Mood was transforming itself from a CT licensee (tavern) into a de facto CN licensee (nightclub).  Furthermore, Mood was operating on an improperly issued certificate of occupancy.  This may be an arcane issue to some, but Mood was essentially occupying fully one-third more square feet than they were entitled to.

Fights regularly broke out in front of the establishment.  And then, in the early morning hours this past Friday, the coup de grace: a double stabbing after a fight broke out inside the lounge. Neighbors knew it was a matter of when, not if, assault with deadly weapons would occur–as it turns out, barely one month after I last blogged about this.  And they even feared fatalities like the one that occurred recently at Heritage India.

Neighbors, government officials and others have felt stymied by a bureaucracy that seemed incapable of responding adequately.  The first “show cause hearing” for a Mood violation didn’t even occur until a few weeks ago, and even more are in the offing, including yet another VA breach the ANC voted on last month.  The ABC Board has 90 days to issue a ruling in what is inarguably an open-and-shut case, yet we were told by those familiar with the process to expect it to take most if not all of those 90 days.

Even worse, despite the incessant noise and other violations, each infraction was being treated discretely.  It seemed an impossible task to portray to the District the full dimensions of the problem, which spanned not only months on the calendar and various sections of the VA, but also multiple agencies of DC government.  ”Second-tier violations,” such as noise, could be penalized as little as $250, and it takes four of those to reach the status of a “primary violation.”  It reminded me of Dwight Schrute’s disciplinary system, wherein five “citations” equal one “violation,” four of which lead to a “verbal warning,” etc.

The Metropolitan Police Department (props to Sgt. David Terestre, and also to Chief Lanier for getting involved), Jack Evans, the mayor’s office, this ANC, ABRA and others were already ratcheting up the pressure before last Friday.  After the violence occurred, MPD used emergency powers it has to shut Mood down for 96 hours–and over the New Year’s Day weekend, it was going to send a clear and balance sheet-affecting message.

And then today, up went the sign in Mike’s photo above.  Mood is closed “indefinitely.”  For just about everyone besides Mood’s owners and patrons, we hope that also means “permanently.”

I have to commend the affeced residents for their tenacity–which is understandable, of course, when your restfulness and mental health are at stake.  They documented their complaints.  They went through the proper channels, as frustrating as those channels often were.  By and large, they maintained a high level of civility.  And they went out of their way to work constructively with Mood to bring it into line with its obligations.  But one by one, Mood lost all of their allies and any goodwill the neighborhood had left.

And they have no one but themselves to blame.

UPDATE: In the middle of writing this post, I received from the mayor’s office the ABC Board’s “notice of summary suspension.”  In short, Mood has 72 hours to request a hearing, the ABC Board then has 48 hours to conduct the hearing, and 24 more hours to issue its decision.

In the document, Chief Lanier states that “the continued operation of the licensed establishment presents an imminent danger to the health and safety of the public” and that ”there would be an additional imminent danger to the health and welfare of the public if the establishment was not closed, and that there is no other immediately available measure that would ameliorate the threat to public safety.”

Among the more shocking findings, no one from Mood called the police to report the stabbings, and that “the establishment made several attempts to hinder [ABRA's] investigation.”  Read the full paragraph regarding those “attempts.”  It would be laughable if it weren’t so outrageous.

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