More on The Space

Wow, The Space conflict has drawn a lot of comments. I do think, however, that we need to give some additional information and respond to some comments, so that all of those reading and commenting can better understand the hows and whys of this issue.

Voluntary Agreements
You have all seen businesses with their applications for alcoholic beverage licenses posted in front windows. Of course, the very reason that these applications must be posted publicly is to allow an opportunity for public comment. Any group meeting certain criteria can protest the license either before it is granted or before it is renewed. Also, a neighborhood group can elect to avoid a protest by requesting a voluntary agreement with the establishment. A voluntary agreement can include any terms that all involved parties agree to. If the members of a condominium association properly execute a legal agreement to not cook with garlic, it is enforceable regardless of how odd one may believe the provision to be. In the end, The Space is in violation of a legal document that it chose to sign. In the case of most contracts, a civil suit is the only way to force compliance. However, because of the way DC liquor licensing works, the voluntary agreement with The Space is on file with ABRA, and it has enforcement power as well.

Crackhouses and Other Woes
Yes, if there is a crackhouse down the street, it should shut it down. Yet, for all we know, residents have pursued action against the alleged crackhouse. It is quite possible that the police have been called and/or that complaints have been made to the appropriate DC agencies. It is also quite possible that the same people who have complained about The Space have taken action against the crackhouse. I and most of our commenters simply have no way of knowing. Also, a crackhouse down the road does not make what The Space is doing an more legal or ethical.

Residents, new to the neighborhood and well-established all care very much about crime. The new blog, Borderstan, which exists primarily to bring attention to crime issues, has been incredibly popular. As well, the ANC 2F Crime and Public Safety committee is quite active. If you attend meetings, you will find that as much time is given to crime as any other subject — even alcoholic beverage license requests. Being concerned about one topic does not make one any less able to be concerned about another topic. On this very blog, we often write about crime, but we also devote a lot of space to less serious topics like shopping and dining.

This Neighborhood vs. That Neighborhood
There have been liquor license protests launched by every type of group in every neighborhood in DC, even in areas known for nightlife. For example, the very well-known, quiet, high-end Georgetown restaurant 1789 could not build a deck because its neighbors objected to the potential noise from outdoor diners. On 17th Street in Dupont, you can not enjoy an alcoholic beverage outside after midnight due to voluntary agreements between the local ANC and area bars and restaurants. And though DC law does not require drinks to be off of the bar until 3 a.m., there are very few bars that can stay open that late due to restrictions placed on them by neighborhood groups. Love it or hate it, these restrictions are just a part of life in DC.

That said, these stipulations are not unique to DC. Alcoholic beverage control boards exist not just to extract licensing fees but to protect citizens from some of the negative impacts that bars, clubs, and restaurants can have. I would love to limit the potential for protests without merit to interfere with alcoholic beverage licensing. In this blog, we have written about voluntary agreement proceedings and protests that were excessively burdensome to local businesses (Black Cat, Stoney's, Queen of Sheba). But not all protests are created equal. It is unfair and illogical to equate the protest of a sleepless neighborhood resident to the protest of an ANC overly cautious about a small cafe adding seating.

Because of limited inspection resources, ABRA relies on citizen groups to provide information prior to and after licensing. It makes sense that Shaw, now more populous and active than it has been since the 1968 riots, is now home to more people who would protest an alcoholic-beverage license. Propensity to protest is probably correlated to factors like familiarity with the ANC, knowledge of DC regulations, comfort with writing complaint letters, and the amount of free time one has available to make a protest. There is nothing inherent in one's race that should increase ones likelihood of protesting, and I find it upsetting that one anonymous commenter feels the need to claim that there is.

Profit brings with it responsibility
The primary reason a business opens is for financial gain, therefore it behooves a potential business owner to do all that he can to mitigate loss. It is the business owner's responsibility to either learn all of DC's complicated codes in order to avoid fines and legal action or to hire attorneys to guide the process. If Mitchell Cox did not abide by applicable laws and regulations then he either failed to conduct his due diligence as a business owner or he hoped not to get caught. Either way, it is not the responsibility of his neighbors, the ANC, or the DC government to limit the damages to him from legal actions.

Also, when it comes to the inconveniences created by businesses — mostly noise, garbage, and crowds — the burden should fall on the business, not residents, to moderate those inconveniences. The party who receives the most benefit (profits) should bear the greatest costs. So, while The Space's neighbors could invest in white noise machines and sound proofing or plan to spend every weekend away from home, it does not make sense that for the limited benefit of one business on their block that they may or may not patronize that they bear those substantial costs and inconveniences. As well, in terms of overall economic burden, the net cost to the Space of modifying its building and operations is far less than the net cost to residents of home modification, sleeplessness, and loss in home value.

Most neighborhoods in DC have more homeowners than businesses. And many, if not most, of those homeowners regardless of their neighborhood prefer to be able to rely on some peace and quiet, particularly at night. Generally speaking, excessive noise lowers a property's values, even in dense urban areas. Just as we want to encourage business ownership in Shaw, we should also want to encourage potential homeowners to be comfortable enough to invest in the neighborhood. Even in Manhattan, I imagine there is limited demand for housing directly adjacent to un-soundproofed nightclubs.

If you like The Space . . .
and do not want to see it close, direct your anger at Mitchell Cox. There is nothing about our ANC or about DC laws and regulations that prevent him from operating an elegant club in Shaw. All he had to do was to operate legally and ethically. Personally, I'm not interested in patronizing The Space; it is just not to my tastes. That said, I would be more than happy if several such establishments opened up nearby provided they operated legally. Our immediate area would indeed benefit from more businesses.

Cox has become a bit of a lightening rod not only because of what he has done but because of how people feel he has treated them. He appeared at an ANC meeting swearing incessantly and violating the rules of order. It is hard to be sympathetic toward Cox or want to work with him when he has a record of such unpleasant public behavior.

Western Shaw will not only survive but thrive without The Space.
The Space is not the one critical pioneer business that will revive Shaw. Yes, Shaw has had a tough past and, no, it is not as safe, elegant, or commercialized as Georgetown. But within three blocks of The Space, Veranda, Azi's Cafe, Queen of Sheba, Vegetate, Old Dominion Brew House, and Corduroy are already well established. On the way is the new Giant/O Street Market complex and the Marriott convention center hotel. As for the allegation of one anonymous commenter that the young professionals living on and near 9th Street NW are anti-development, I have found that most people support development around the convention center. Surely anonymous has not been to the ANC meetings where residents are salivating to know when the ground will break for the hotel complex and the O Street Market. The thing is, a hotel with an underground ballroom and proper parking management is not going to keep nearby residents up all night.