Adams-Morgan comes to T Street, Courtesy of the Post Office Bistro

Here's an exciting piece of news that you may have missed over the last couple of weeks: T Street has become Adams-Morgan.

Thart's right! The four block stretch along 18th Street notorious for its late night bars, nightclubs and restaurants has packed up shop and relocated south, to a commercial space near the corner of 14th and T streets. Adams-Morgan will henceforth be known as the Post Office Bistro, and will be reborn as a casual restaurant serving an extensive weekend brunch with a patio and summer garden. The neighborhood/restaurant will also be owned by someone with ties to New York, which unfortunately does not coincide with the arrival of a decent bagel shop.

Skeptical? So were we, until we saw this flyer (courtesy of Prince of Petworth) and its attendant exclamation points, noting that the arrival of the Post Office Bistro meant the end of T Street as we know it.

Some of the highlights of the flyer, which was put together by Elwyn Ferris, partner of ANC2B commissioner Ramon Estrada, and another neighborhood resident, include:

"URGENT! A New York investor plans to turn the Old Post Office building on T Street into a destination, special events venue under the guise of a "restaurant"! DO NOT BE FOOLED!"

"T Street will never be the same again"

"Only massive, unified opposition from by us (the residents who have to live here) has any hope of stopping this disaster!"

"The Post Office Bistro wants to eat your children and destroy your flower garden!"

OK, that last one was mine--I guess I was just a little caught up in the moment. But the rest of those hyperbolic statements were taken directly from the flyer itself.

Now, here's the thing: anyone who has read this blog over the years knows that we tend to fall somewhere in the middle when it comes to negotiating voluntary agreements with area liquor license holders. These businesses absolutely impact the lives of nearby residents by the very nature of their operation, and thus the residents have a right to at least attempt to mitigate some of the potentially negative impacts.

But there is a process for that: the negotiation of a voluntary agreement, frequently through the local ANC. A well-designed VA helps mitigate factors such as noise, trash and parking, which can have significant impacts on nearby residents, while encouraging the opening and success of a business that will continue the growth of the 14th Street corridor into the vibrant, energetic corridor that many of us enjoy.

Needless to say that vitriol and hyperbole, such as that found in this flyer, are tremendously unhelpful. Not only does it poison the negotiation process and serve to harden most neighborhood residents (and ABRA) against anything that involves a "protest" against the establishment, but it is written to portray all neighborhood residents as being vociferously against a business that a) many residents likely support, and b) helps build the character and dynamic of our neighborhood.

If you support the opening of the Post Office Bistro, and want to ensure that the process of negotiating a sensibile agreement with the establishment is not hijacked by a handful of loud, resourceful opponents, then make plans to attend tonight's ANC2B meeting, being held at the first floor of the Brookings Institution at 1775 Massachusetts Ave. NW at 7:30 this evening.

Additional information can be found on ANC2B's website.

ANC2f Meeting Tomorrow: Focus on 9th Street Establishments

ANC2f will hold their monthly meeting tomorrow at the usual place and time: 7:00 PM at the Washington Plaza Hotel at Thomas Circle.

All in all, the agenda (found below) looks to be your typical ANC agenda, filled with community reports, street closure votes and other assorted items of business. As is usually the case, the most contentious/interesting portion of the evening will likely occur during the discussion of ABRA-related (read: liquor-serving establishments) matters. This week, in addition to consideration for a new license for Bar Rouge, the ANC will be looking at a couple of 9th Street restaurants/lounges: Mood Lounge and Cafe Eagle.

Specifically, the ANC will be discussing an alleged breach by Mood Lounge of their voluntary agreement, which has the potential to create some rather significant problems for the establishment. After all, the reason why voluntary agreements are negotiated in the first place is to provide recourse to the ANC to address problems with an establishment that, for whatever reason, the establishment is loathe to address. I'm not certain what issues have led to this particular move on the part of the ANC, but a breach of a VA is unlikely to be overlooked.

Speaking of 9th Street, another new establishment will be on the ANC's agenda when the ANC votes on approval of a revised VA with Cafe Eagle. You may recall that Cafe Eagle, which serves up a mix of Italian, Eritrean and seemingly straightforward fare, will be replacing Vegetate, the former vegetarian cuisine-serving restaurant on 9th Street that closed last year.

The full agenda for tomorrow's meeting can be found below. More information about ANC2f can be found on their website.

ADVISORY NEIGHBORHOOD COMMISSION 2F REGULAR MONTHLY PUBLIC
MEETING Wednesday, April 6, 2011 – 7:00 PM
WASHINGTON PLAZA HOTEL—10 THOMAS CIRCLE, NW

AGENDA

COMMUNITY FORUM

Call to Order
Commissioner Announcements
Report from Executive Office of the Mayor
Report from Office of Jack Evans, City Council Member, Ward 2-0
PSA 307 Report - Metropolitan Police Department, 3D
DDOT Report - Ward 2 Transportation Planner
Community Announcements

-10 Minute Recess-

BUSINESS MEETING

Approval of Agenda
Approval of Minutes of Meeting of March 2, 2011

DCHSEMA/Street Closures:
Lupus Walk
Capital Pride Parade
Stop the Silence Race

ABRA
Mood Lounge 318 9th Street, NW –Breach of Voluntary Agreement
Rouge 24 922-924 N Street, NW –New License
Eagle Café voluntary agreement—revisions demanded by ABC Board.

Education Committee
Options Charter School NW Campus, 1501 11 th Street, NW

DDOT

Crime and Public Safety Committee (Bryan Goodman)

Community Development Committee (Mike Benardo, Chair):
1211 10th Street, NW – Application for Lot Variances

Arts Overlay Committee

Treasurer’s Report (Matt Raymond, Treasurer):
Approval of Expenditures

Adjournment

The Neverending Story Continues: ANC Officially Withdraws Hank's Protest, ABC Board Yet to Rule

Believe me, if you're sick of reading about the ongoing drama related to the proposed expansion of Dupont Circle eatery Hank's Oyster Bar, we're even more sick of writing about it. It's one of those issues that seems to polarize the neighborhood--with most neighborhood residents either supportive or unopposed, and a small cadre of residents opposed to the expansion and insistent upon dragging the process on for a seemingly unendurable length of time.

There's no need to re-hash the issues at play here--click on one of the links above, or head over to Borderstan where Tom Hay should be considered for a Pulitzer for his work documenting the situation over the last several months. But here's where things currently stand:

At last week's meeting of ANC2B, the ANC voted unanimously (with one abstention) to withdraw its protest of Hank's expansion, which includes taking over an adjacent building and expanding both a sidewalk-facing patio as well as a "summer garden" in the back of the building. The ANC also voted unanimously to support the placarding of the changes because they were deemed to be "substantial" changes.

This leaves Hank's with the final hurdle of approval before the ABC Board before the expansion can proceed. The ABC vote will also be the last opportunity for a small but vocal group of resident protesters to derail the expansion plans, although that seems highly unlikely. As we've previously noted, the resident protesters, through multiple meetings and hearings, have been unable to demonstrate an adverse impact to the neighborhood to such a degree that the ABC Board would refuse to approve an otherwise legally permissible expansion.

In other words, come 2011, this nearly year-long saga might finally draw to a close. And we'll have to find something new to write about.

ANC2B Files, Then Withdraws, Protest of Hank's; Residents Threaten Legal Action

Tossing aside months of statements amounting to "we're not going to get involved," ANC2B voted at last week's meeting to protest the renewal of the liquor license for Jamie Leeds' popular Hank's Oyster Bar--then promptly rescinded the letter of protest after working out a deal with Leeds.

Meanwhile, a group of resident protesters led by Q Street resident David Mallof have threatened to file an appeal with the DC Court of Appeals should the alcohol board allow the termination of Hank's VA with the residents, along with a request from Leeds to add a rooftop garden and french doors leading to the street-level patio.

That's right: residents are threatening legal action over french doors.

If you're wondering what happened, well, so are we. it's rather long and winding road towards what has been a rather absurdly drawn-out protest of a popular neighborhood eatery. (Our post from a few months ago covers the protest in excruciating detail. Pour yourself a stiff drink before reading it.)

Basically, what it comes down to is this: a few area residents have decided that Leeds' plans to expand into the adjacent vacant space, and to vacate her existing VA with them, amounts to the end of life as we know it. Or something akin to that. Never mind that Leeds is perfectly within her rights to pursue expansion into the adjacent space--the recently re-ratified 17th Street Liquor License Moratorium specifically permits Leeds to do exactly that. And never mind that said protestants were unable to demonstrate any actual or potential harm by such a move--or even why a VA was necessary.

The ANC had voted to take no action on either the' "substantial change" to Hank's license (namely, the expansion into the neighboring building and outdoor space) or Leeds' request to terminate her VA with the Dupont Circle Citizen's Association and the aforementioned neighborhood residents.

The ANC's decision to reverse course came as a result of comments made by Leeds' attorney, Andrew Kline, at a November 3 alcohol board hearing, where he mentioned that Hank's would be legally permitted to maintain sidewalk cafe hours until 2 AM weekdays and 3 AM weekends--which they would. Except, they had no intention of doing so. Leeds had stated repeatedly that she had no intention of expanding Hank's patio hours.

Still, the ANC, as commissioner Victor Wexler put it, "does not want to risk having those hours allowed for anyone." So they filed a protest. Leeds immediately filed letter with ABRA which restricted her hours to 11 PM and midnight, which matched the statements she repeatedly made under oath at the alcohol board hearing. Subsequently, the ANC withdrew its protest, leaving Leeds' last remaining hurdle an upcoming ABRA Board hearing on the resident's protest of the expansion and substantial change.

Or perhaps not. In a ridiculously hyperbolic email recently sent by Mallof to a group of "interested" residents (subject line: "Grave ABC Board actions affecting all of DC"), he threatens to pursue further legal action should the alcohol board not side with his and his group's opposition to Leeds' plans:

"We await word on theses dramatically proposed instant license change requests," the email states. "If the Board approves these without placarding and public comment, we shall appeal to the DC Court of Appeals as well."

Is it any possible wonder why Leeds wanted to vacate her VA with these people?

In case you were wondering, Leeds' request to vacate her VA is entirely within the bounds of the law--any business that has been operating under one for at least four years has the right to make such a request. And although such requests were rare, in Leeds' case the alcohol board found that the key points of contention which would otherwise be addressed in the VA--namely, occupancy and operating hours--were addressed in the licensing agreement, thus making the VA redundant.

And so here we are, nearly a year after Leeds launched an effort to expand her restaurant: the ANC is not opposing the move, and the alcohol board seems poised to permit it. So where does that leave Mallof and the other resident protesters? They could certainly appeal the alcohol board's decision, but it's unlikely that such an appeal would meet with success. Most likely, they're going to be left on the outside looking in: having only themselves to blame for behaving so unreasonably and essentially forcing Leeds to pursue remedies to vacate the agreement she had signed with them. Ultimately, they'll likely be left with no recourse other than sending emails to each other complaining of the "hurricane of precedent setting, DC-wide rule of law and negative externality impact implications happening here in Dupont Circle."

Goodness, you'd think Jamie Leeds was trying to install french doors or something.

14th Street Burger Joint Running Into Strong Opposition

Thaddeus Curtz, a cook at esteemed Cathedral Heights pizza place 2 Amys, would like to bring a bit of Manhattan to 14th Street, but things aren't looking too good for his business plan.

Curtz is looking to a "burger joint" known as Standard (what's with the restaurant names these days?) modeled after Danny Meyer's eatery in Manhattan's Madison Square Park, in the former Garden District space (and, briefly, proposed home of the never-to-be-seen Crepes on the Corner) at the northeast corner of 14th and S streets. I think pretty much everyone in the neighborhood would welcome a place to swing by and pick up an inexpensive burger, hot dog or order of fries for dinner (Curtz has indicated that nothing on the menu would be more than $6). However, his application for a liquor license, operating hours until 1 AM during the week, and outdoor occupancy totaling 130 people have worried a lot of neighborhood residents.



There is so much concern, in fact, that the license has been protested by both ANC 1B and ANC 2B. (Typically, only one ANC protests a liquor license application, even if the operation in question could affect residents in both.) 2B commissioners voted unanimously to protest the license at last week's meeting, with many voicing concerns over the affect that the late hours and high outdoor occupancy could have on the nearby residents. It was noted, for instance, that no one on the Commission could recall an applicant coming before them and requesting such a sizable outdoor permit.

Privately, I have been told by those close to the negotiations that an agreement could be worked out if Curtz was willing to cut back his outdoor seating hours until 9 or 10 PM during the week. However, Curtz may be reticent to do that, since the indoor space only allows for seating of approximately 15 patrons at a time. As was noted at the 2B meeting, at the price point Curtz is proposing, he would need to sell a lot of hamburgers in order to afford the lease rates at that location.

Another potentially confounding factor is that the site may in fact have environmental remediation issues, as it is believed that at one point a gas station existed on the property (which would, in fact, serve to explain the awkward arrangement of the parcel.) If true, it would present another potential hurdle for Curtz--or anyone else, for that matter--opening a restaurant on the premises.

To the matter at hand, however, it's not hard to see the point of view of the ANCs on this issue. The space in question sits directly across from, and just down the street from, numerous residences, who undoubtedly would be affected by the noise emanating from upwards of 130 people outside drinking at midnight or 1 AM. I have a limit to my sympathy for people who complain about the general noise and din of 14th and U streets--this is, after all, very much an urban neighborhood. But the size and hours that Curtz is requesting for his venture seem unreasonable considering the location of his proposed establishment.

That said, I also feel confident in saying that a business like the one he is proposing would certainly be welcome in the neighborhood, which leads me to a point that I raised last summer during the discussions that took place during the meetings of the Arts Overlay review committee. Currently, individuals wishing to open an alcohol serving establishment essentially have two options to choose from: restaurant or tavern. Restaurant licenses come with strict requirements regarding food service, the hours during which a chef must be on premises, and so forth which many owners may find untenable. A tavern license, however, is far more likely to be protested due to the nature of the operation and the late hours during which they are allowed to operate. Why not create a third classification of license--call it a Pub class license--that provides for food requirements less than restaurants, greater restrictions on hours of operation, but greater freedom to operate in or near residential areas--something that a tavern license owner would likely face strong opposition against?

An establishment requesting a pub license, for instance, might agree to operate their outdoor seating areas only until 10 PM during the week and until 11 PM on weekends, and to be closed down completely by midnight, along with a 25% food requirement (25% of their income must be derived from the sale of food products, rather than alcohol). In exchange for this arrangement, the license holder could operate at a location such as the one in question at 14th and S streets that is near residential properties and would otherwise likely be prevented from opening.

The model for such a license would be the many corner pubs one finds sprinkled throughout the neighborhoods of London, frequently in or near residential areas. These pubs provide a place of enjoyment for those in the neighborhood that is close to their homes, yet close early enough so as not to be a nuisance to nearby residents.

Since no such license currently exists in DC, such arrangements would have to be worked out through the voluntary agreement process, a cumbersome, time-intensive and, at times, adversarial process. While I don't know if Curtz would be amenable to the type of operating hours restrictions that are being discussed, I would be hopeful that a workable compromise could be worked out. In the longer term, it would be helpful for ABRA to consider the evolving nature of many of the neighborhoods in DC, with an eye towards creating liquor license laws that provide for adequate protection of residents whilst promoting development and growth throughout the city.

As far as whether we'll see Standard at 14th and S anytime soon: I will keep you posted.

ANC Roundup: New Owners for "The Space"; Cafe Salsa Threatened with "Show Cause" Hearing; Veranda's patio

Several items of interest related to neighborhood restaurants to pass along from Wednesday evening's ANC2f meeting:

Many of you may be familiar with the ongoing saga of The Space, the trendy "private" nightclub operating in Shaw. The Space, it seems, was operating in violation to its liquor license and the voluntary agreement it had signed with its neighbors (more details can be found here). At February's ANC meeting, following a terse exchange with ANC2f chairman Charles Reed, the ANC voted to recommend that ABRA initiate a "show cause" hearing regarding the club, a step towards the revocation of the club's liquor license.

ABRA elected to proceed with a "show cause" hearing, and a date was set. However, while this was going on, some significant internal changes were occurring with the club's management that has left more questions than answers.

The Space owners, Mitchell Cox and his wife Heather Karen, put the club on the market--unbeknownst to The Space's neighbors. In April, a deal was struck by Cox to sell the club to Columbus, Ohio-based veteran's organization "American Sacrifice Foundation". In an apparent attempt to circumvent ABRA's pending hearing and the potential loss of the club's liquor license, according to comments from Chairman Reed, a deal was proposed to ABRA that would make the American Sacrifice Foundation a 10% owner of the club, with the Cox's retaining a 90% interest (and responsibility for day-to-day operations) in the club. ABRA rejected that deal completely.

Why a Columbus-based veteran's association would have an interest in owning a Washington, DC nightclub was not discussed, and the ABRA-rejected deal between the Foundation and the Cox's leads one to believe that something more is going on here than initially appears.

Whatever the relationship between the Foundation and the Cox's, at this point the ownership issue of the club remains murky. A representative of the Foundation was in attendance at the meeting and indicated that the club had been completely sold to the Foundation, and that the Cox's no longer had any interest in it. However, Mitchell Cox's name remains on the lease for the premises, and--according to the club's representative--many details remain "to be worked out."

In the meantime, ABRA has issued an order--which has been drafted but yet released--detailing how the matter will be handled. According to neighbors, The Space has been closed for the past several weeks. The Foundation representative indicated that when it reopened, it would be a completely different type of operation, something more akin to a "VFW hall". So while the future of The Space's operations is unclear, what IS clear is that whatever opens in its place will be operated under much closer scrutiny by the ANC.

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Also discussed at Wednesday's meeting was recently opened 14th Street restaurant Cafe Salsa. It seems that Cafe Salsa's rear vent fan, which many neighbors have complained about, is not only obnoxious--it is a violation of the voluntary agreement signed between the ANC and the establishment.

Unfortunately, no representative of the restaurant was in attendance at the meeting, which appeared to irk Reed. Noting that the owner had indicated that "approvals were in place" to move the fan, without being in possession of any documents proving that assertion, Reed moved to send a letter to Cafe Salsa threatening them with a "show cause" hearing unless the problem was addressed. The ANC will take up the matter again at the July meeting.

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One final note: during the early part of the meeting, Reed, in discussing problems with DDOT representative Chris Ziemann, cited a persistent problem of parking in the public space. To those unfamiliar with DC's arcane property ownership structure, many property owners do not in fact own the land immediately in front or to the side of their properties; this land actually resides within the public space, and parking here--or otherwise using the land--is illegal. As one particular example of this, Reed cited the existence of a parking pad and an illegally constructed concrete patio in front of Shaw restaurant Veranda.

Reed put forth a motion--passed unanimously by the ANC--to issue a letter to DDOT encouraging them to crack down on such public space violations, going so far as to say that the Veranda patio should be "shut down" if compliance is not gained.

It's worth noting that the matter is up to DDOT, not the ANC, and that while it is DDOT's responsibility to ensure that District laws are followed with regards to the use of the public space, it's unlikely that Veranda's patio would be "shut down" over this issue.

For more information about upcoming ANC2f meetings, and to view notes from past meetings, visit their website at http://www.anc2f.org/.

ANC Set to Tackle 'The Space' and 'Cafe Salsa' on Wednesday Night

There are a couple of interesting items for tomorrow evening's ANC2f meeting. In addition to the usual transportation and crime and safety reports, two ABRA matters might get the community's attention.

The ANC will hear complaints regarding newly opened 14th street restaurant La Cafe Salsa's vent fan, which according to nearby residents is exceptionally loud. Attempts to work with the restaurant to come an agreement without involving the NC were unsuccessful, so Chairman Reed et al will discuss the issue tomorrow evening.

The second matter deals with an issue that we have written about previously; that is, upscale Shaw nightclub The Space. When we last heard from The Space, owner Mitchell Cox was cursing at Chairman Charles Reed and angrily dismissing complaints from neighbors regarding noise, sanitation and violations of the voluntary agreement signed with the building next door. The tense meeting ended with Reed requesting a "show cause" hearing with ABRA, the first step towards a potential revocation of the club's license.

According to a neighbor of The Space familiar with the proceedings, Cox subsequently sold the club to a nonprofit 501(c)(3) organization, which now operates it. The sale of the club resulted in no findings against the club being presented at the "show cause" hearing before ABRA. Whether this is satisfactory to residents and neighbors remains to be seen, but the issue will be discussed tomorrow evening.

The full agenda for the meeting can be found at the ANC's website. The meeting will take place Wednesday at 7:00 PM in the Washington Plaza Hotel on Thomas Circle.

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.

ANC2f Votes For Across-the-Board Exemptions on Inaugural Weekend Hour Restrictions

Lots of interesting happenings at last night's ANC2f meeting that I'll get to in another post, but for now I wanted to pass along what was likely the biggest news of the evening.

Last night, the Logan Circle ANC voted unanimously that they would withhold any protests against most neighborhood establishments who have voluntary agreements with the ANC who petition ABRA for an operating hours extension during the inaugural weekend.

Not every establishment might be able to benefit from this vote however, as the ANC indicated that they would reserve the right to protest any establishment located north of L Street that had outstanding complaints filed against it (by the ANC). Additionally, the ANC singled out oft-criticized Shaw nightclub "The Space" and indicated that they would file a protest should that club file for an hours extension. (More on that in a later post.)

This is very good news for area businesses who won't be forced to operate at a disadvantage against other District establishments. Additionally, kudos to the ANC for maintaining some perspective and using common sense in deciding this.

The decision didn't come without some controversy, but not from the angle you would expect. It seems that businesses who had applied for an hours extension through ABRA were told that they should show up at the ANC meeting in order to obtain the ANC's blessing and a letter indicating that a protest would not be filed against them. Upon learning that the ANC was prepared to move forward with motion that would cover essentially ALL neighborhood businesses, and not just those in attendance at the meeting, several objections were raised. Be Bar's representative was the most vocal; he practically through a fit during an exchange with Chairman Charles Reed where he complained that he had to spend his time at the meeting while others who did not would enjoy the same benefits. Life just isn't fair sometimes, but it seems some people haven't gotten the message. (Strangely, ANC Commissioner Dustin Cole took up this ridiculous argument, unnecessarily prolonging the discussion by at least 5-10 minutes.)

In the end, common sense prevailed and it seems that most Logan Circle establishments will be allowed to keep their lights on and their taps flowing for a few extra hours over the inauguration weekend. So, cheers to that. [clink] [clink]

ANC2f Votes for Single Sales Ban and Elimination of Zipcar Lot

In case you missed the scintillating ANC2f meeting on Wednesday night (and judging by the number in attendance, it's likely that you did) there were a couple of noteworthy items that came out of it. Chief among them is the controversial "single sales" ban for Ward 2, which is currently in effect under a temporary "emergency" arrangement.

At Wednesday's meeting, the ANC voted 3-1 to support the ban based on community testimony and the belief of ANC chairman Charles Reed that the issue is simply "a good law". In essence, the ban forbids the sale of any single container of beer, ale or liquor in containers smaller than (I believe) 72 oz. The purpose of the ban, as discussed by Reed, is to decrease the amount of public drunkenness and associated disorderly behavior. Though direct evidence linking single sales with the societal plagues that are said to accompany it is lacking, there was sufficient community testimony to support the ANC's vote on the ban. The lone dissenting vote came courtesy of commissioner Dustin Cole, who cited a concern that the ban disproportionately affected smaller, independent businesses. This concern stems from the fact that the P St. Whole Foods was able to successfully stave off enforcement of the ban in their store, claiming that the type of single sales that they engage in are, in effect, too pricey to be consumed in mass quantities in public. Its doubtful the local corner market could make a similar argument.

The 14thandYous are sympathetic to this argument. While we don't necessarily disagree with the Whole Foods waiver, we're curious as to what bureaucratic hoops the company had to go through in order to obtain an exemption from the ban, and question whether a small, independent establishment would have the time and financial resources to obtain an exemption. In addition, some public comments from the audience came alarmingly close to a racially tinged argument, with one citizen in attendance voicing approval for the ban by decrying the "Hispanic men who sit around all day drinking" along a particular stretch of road in the neighborhood. Certainly we can discuss an issue like this without calling out particular races for this behavior?

Done properly, and with proper oversight by ABRA, a single sales ban could have a net positive effect on community safety and aesthetics. However, its implementation needs to be undertaken carefully and with accommodations in place for local businesses in addition to the Whole Foods of the neighborhood.

The second (surprisingly) controversial issue of the evening came in the form of a complaint by the ANC against Zipcar. The complaint was twofold: One, that Zipcar was utilizing parking spaces in several locations throughout the neighborhood in violation of DC parking laws, and that Zipcar had failed to follow through on a promise to landscape and "beautify" their lot at the corner of 14th and Corcoran streets. The first issue is pretty black-and-white, and (based upon later testimony) seems to have been taken care of. the second issue however seemed to particularly irk Commissioner Reed, who was also bothered by the fact that the Zipcar rep happened not to be in attendance when the issue was addressed at the meeting. The representative, it turns out, would later appear, but Reed was set on moving forward against Zipcar, calling for a vote to have the ANC issue a letter to the DC government requesting the elimination of not only the illegal parking spaces, bu Zipcar's 14th St. lot as well. The motion passed, again by a 3-1 vote, with a dissenting vote again by Dustin Cole, who (appropriately, we might add) voiced concern over a seemingly rash action against a company whose services are used by a number in the neighborhood.

As I mentioned above the Zipcar representative later appeared, and the issue was raised again. Despite some back-and-forth with the representative, Reed was eventually satisfied with the efforts undertaken by Zipcar to landscape the lot (even offering a few suggestions of his own, including constructing a fence around the lot--is that particularly good idea?) and offered to table the earlier vote. So, rest easy Logan, cooler heads prevailed and Zipcar isn't going anywhere.

One final note from the meeting: it seems that the DC Parks Department has turned down a request from the neighborhood do construct a dog park in the (nearly vacant) school lawn at 11th and Q streets, citing an upcoming renovation of the project--a renovation, we should add, for which no timeline is available and no details have been forthcoming. Hmmm, sounds a bit odd. Regardless, Shaw resident George Kassouf, who has been leading the charge for the construction of the dog park, remains undeterred and expressed hopes that he could convince the Parks Department--who apparently did not even review the proposal--to reconsider their decision.

Rights, Priveleges, and Competition

One of the few things that are under the direct control of the ANCs is the ability to monitor and protest liquor licenses. Technically, any citizen group can do so, but the ANCs are particularly well organized about it. Functioning ANCs also have clout; though volunteer bodies with only an advisory governing authority, they are still political entities vital to the functioning of DC government.

The up-side is that whenever a restaurant, bar, or liquor store moves into a Logan Circle residential area (and what isn't residential anymore?), our ANC uses voluntary agreements to protect us from noise, garbage, and safety problems. We don't have to rely on future police action or complaints filed with ABRA to maintain our neighborhood, because our commissioners establish relationships with business owners and they get enforceable written agreements with them. The same process applies to alcohol-serving establishments who seek substantial changes in their operations. Voluntary agreements have helped us to keep rolling papers out of liquor stores, limit sales of single beverages, and act against noisy bars and clubs — all good and important stuff. Recently ANC 2F launched a protest against the renewal of El Sauce's license, which is an important action considering that the restaurant is the alleged center of some gang activity. Renegotiation of a voluntary agreement was also used effectively to respond to noise and safety problems created by Be Bar patrons.

All the same, I think that some ANCs have started over-reaching. The voluntary agreement isn't so voluntary. A business owner will either come to the ANC in advance of their application in order to negotiate an agreement, or they will face a protest until they choose to negotiate. Good luck to the business owner who goes up against a neighborhood group at an ABRA protest hearing.

Here are some neighborhood ABRA issues from the past year that I don't understand:

• Queen of Sheba had to fight for about two years for their liquor license because a handful of Shiloh Baptist Church congregants protested. At first the protest group did not contain the minimum number of DC residents to meet ABRA's requirements. Rather than dismissing the protest, ABRA granted additional time for the protest group to organize.
  
  
• Stoney's rubbed Commissioner Reed the wrong way during their VA negotiation and waited from May until October for resolution to the dispute. On the other hand Stoney's neighbor, Logan Tavern, who has a good relationship with Reed, had no problems gaining approval for their expanded dining area.
  
  In speaking informally with an owner of Stoney's, Mr. 14th & You and I heard him complain that the standard VA in the Ward 6 ANC where Tunicliff's is located is much simpler than the standard VA for ANC 2F. If ABRA views protests from all ANCs equally (and I don't know for certain that they do), and the VAs aren't so voluntary, some establishments are effectively held to different liquor "laws" than others.
  
  
• Our ANC and others seek to prevent the sale of single alcoholic beverages, which I support. On the surface, this makes sense; who wants to promote anyone drinking a cold one out of a paper bag on the street? However, ANC 2F granted an exception to Whole Foods so that they could sell their mixed six packs of gourmet beers. Across the city in Ward 6 Harris Teeter faces significant barriers to a similar request for exemption. I could go either way on arguing the fairness of the differing ANC standards especially as single sales are completely legal under District law.
  
  
• There are no time limits for negotiations of voluntary agreements or protest hearings. In ANC 2F I have seen Stoney's and the Playbill Cafe come to ANC meetings for months in a row as provisions of the agreement are hammered out. Within reason, our busy volunteer commissioners could meet with a license applicant as infrequently as once per month to negotiate the agreement. For an existing business, this process is not likely to consume too much time. A new or expanding business could, however, find their opening delayed, a situation that really strains start-up capital. As well, ABRA meets infrequently to review license applications. Any protest that goes to an ABRA hearing can also take months to resolve. Dante of the Black Cat estimates that his potential plans to build a rooftop deck could be tied up in protest hearings for well over a year.
  

These events lead me to consider myriad questions about alcohol policy. Is the VA and protest process anti-competitive? Given the economic realities of restaurant ownership, should a liquor license be treated as a right or a privilege? How do we balance the concerns of business owners against the concerns of residents? After all, some business owners are also part of the ANC 2F electorate. How do we protect any business from community associations or ANCs that act capriciously against certain businesses? In other words, can we prevent overwrought protests and unfairly restrictive VAs from being used in a prejudicial manner? As I mentioned before, the license application process exist for a reason and does bring about some positive actions. I sometimes worry, perhaps unnecessarily, that the ANC's alcohol policy and ABRA protest process are too subjective to be truly fair.

Commissioner Reed, chairman of ANC 2F, has formed a committee to review and revise our alcohol policies. He may just be representing the views of the commissioners, but I feel like he is particularly vigorous in his protests against Logan Circle bars and restaurants. He also made a comment in the last meeting that concerned me. In the context of the Be Bar VA negotiation, Commissioner Dyer asked if there was a provision in ANC 2F's alcohol policy that prevents the commission from limiting one establishment's hours more than limitations place on another establishment within 1000 feet. The implication being that treating one differently from another in the immediate area could be anti competitive. Reed made a statement, which though I can not remember verbatim, I tool to mean that he intends to reverse such a policy if indeed it is in place. If you have any thoughts on the matter, share them with Reed at creed{at}kgrmlaw{dot}com.

ANC Meeting Notes

I'm just now getting around to reviewing my notes from the October 3rd ANC 2F meeting. So here they are:

2F-05 Election
The election for 2F-05 commissioner was held during the meeting. Jerome Sikorski won receiving 17 votes to Dustin Cole's 16. Sikorski, a DC resident for over 25 years, has been living at 13th Street and Massachusetts Avenue for four years. He is recently retired after working for 10 years on the Hill, and his volunteer activities include extensive involvement with the Whitman Walker Clinic and serving as an usher at the Washington National Cathedral. Sikorski's main platform issues were combating nighttime crime, particularly prostitution, pedestrian safety in his SMD, and road improvements. He also pledged to bring a level of city services to the neighborhood commensurate with taxes paid.

PSA 307 Report

• After what Lt. Mike Smith called a significant burglary arrest, property crime and burglaries are down 47 percent.
• Police have three teenagers in custody who have confessed to six robberies. The M.O. also fits the Be Bar assault.
  
• There was a robbery at the 10th Street CVS, but police do have a good quality security video of the suspect and believe that they also have several good fingerprints.
• A representative of the US Attorney's office has agreed to attend ANC meetings. The ANC hopes to address mishandling of evidence, outstanding warrants that are not entered into computerized systems/shared with DCPD, and felony charges that are reduced to misdemeanors.

Report from the Mayor's Office

• Mark Biorgi is new to the Office of Community Service
• DCRA has taken over trash management at 1107 11th Street and has levied fines.
• Helen Kramer, on behalf of the Iowa building condo association, complained of cars parked too close to the curb cut at the O Street garage exit. She requested new pavement markings to mitigate this problem.
• There have bee problems with folks driving the wrong way on N Street because of confusing traffic signals
• One resident reports that poor sidewalk conditions in SMD 2F-05 hamper those with mobility impairments.

Crime and Public Safety Committee Report

• Council member Graham introduced a "hot spot" no loitering act, which would allow the chief of police to declare a no loitering provision, permitting no more than two people to congregate in certain areas. A hot spot would be defined as an area with a high number of arrests for homicide, robbery, and/or assault. There are no such qualifying areas in Ward 2, the closest would be Sursum Corda.
• The recent burglary incidents have been focussed in new condo buildings during workday hours. The committee recommended that condo presidents meet with Lt. Mike Smith to conduct a security assessment.
• The committee recommends calling 311 if residents witness excessive vehicle idling, defined as three or more minutes. The concern is that a long-idling vehicle could potentially be used as a means of fleeing a crime scene.
• The committee is pursuing the issue of vacant properties where higher taxes are not being collected.
• A resident complained of frequent prostitution in the alley behind the 13th Street Mr. Wash. Residents and the ANC will work with Mr. Wash to add an additional light illuminate a now-dark corner. More details can be found on the front page of the Wednesday, October 10 Dupont Current.
  

DDOT Matters
No DDOT representative was present so Commissioners Dyer and Reed shared what they knew of current DDOT matters.

• Resident advice with regards to the 11th Street streetscape project has been heard and implemented.
• There is a proposal to make 15th Street two ways.
• The Q Street improvements between 14th and 13th Streets are in the sixth month of work. The estimated completion date for the work is two months from now.
• Reed believes that the water main and electrical improvements will minimize the risk of another manhole cover blow-out. (Apparently there was one this year that blew out windows on the block but didn't cause personal injury.)

ABRA Matters

• Logan Tavern seeks to add seating to the restaurant -- 46 new seats in the expanded dining room and 14 new outdoor patio seats. They will, however, be reducing the seating in the existing dining area by 18. The ANC has successfully negotiated a VA and will not protest the license modification.
• Stoney's finally negotiated a VA with the ANC for the proposed opening of a second floor on top of their existing space. As no representative from Stoney's was present, Reed went on a long ramble about how he believes the process to have been unnecessarily difficult. You can seen some of the history of the dispute here. Stoney's has been granted an extra hour of late-night operation. Though this is one more hour than the other restaurants on the block will remain open, it is in line with the operating hours of Halo and Vegas Lounge. After one year, the condo residents and the ANC reserve the right to revisit the VA and evaluate any noise issues. The VA negotiation process dragged five months from May until October.
• Mar del Plata wants to add 10 seats to its outdoor patio. The ANC will not protest this addition.
• El Sauce restaurant wants to change their license from a class CR to a class DR. As no one present knew the difference between the classes, and no representative from El Sauce was available, Dyer moved to protest so that the ANC has standing at the ABRA hearing.
  
• Nema's and the ANC have successfully negotiated a VA, and the ANC will withdraw its protest.
  

Other
The Fannie Mae Walk for the Homeless will be held on Saturday, November 11th. Rolling street closures are planned from 7th Street to Independence Avenue. However, no street should be closed for more than an hour at a time.

A Black Cat Crosses Dee Hunter's Path

I’m picking up where I left off a couple of weeks ago with the Black Cat story . . . After talking to Dee Hunter and Dante Ferrando, I was interested in how differently they each interpreted recent events. Below I’ve written a comparison of their statements. I must admit that I did not ask the gentlemen to address each other’s comments. Read on and see what you think , . .

The Deck
Ferrando expresses that he may or may not build the deck; the potential costs of the project may limit its profitability, and Ferrando might not be permitted by DC to build the structure. Ferrando shares that he is not thrilled about having smokers standing outside of the club because of security issues and possible complaints from neighbors. The deck would be one way for him to provide a smoking space while mitigating the current liabilities of the outdoor smoking space.

Hunter says that he represents residents who take issue with the traffic, noise, and rowdy patrons brought to the area by Black Cat. He also states that there have been “numerous complaints about the current operation.” These factors are what have encouraged him to lead the protest against the deck, which he says will accommodate 450 people and amount to a one third expansion of the club.

Protestants
The major neighborhood protestant is ANC 1B. According to Hunter, once they knew of Black Cat’s plans, “ANC 1B quickly reacted and came out against the proposal.” Hunter also says that he met with about 50 residents of the area about the issue.

Two ANCs, 2F and 2C, have, at the urging of the 1B Commission, written letters in opposition to the modification. Hunter tells me that a P Street group opposed to the modification had circulated a petition and collected 100 signatures from project opponents. However, they were not able to register on time as protestants. As mentioned before, Commissioner Phil Spalding did not support the protest. Dee Hunter considers Spalding’s support of Black Cat “amazing because his constituents are opposed.”

Ferrando seemed disappointed that ANC 2F would unanimously vote to support the protest without having seen the plans for the deck. Ferrando is somewhat limited in what he can say about the protest because he has not been provided a witness list from the ABC Board though the protestants’ presentations are set to begin on September 19^th.

Mediation
When a liquor license is protested, ABRA asks that the parties involved engage in mediation. What is clear from both Ferrando and Hunter is that the mediation between Black Cat and ANC 1B was not particularly fruitful. Both do, however, agree that the protestants from the ANC would drop their protest if Black Cat would not serve alcohol or have music on the deck. The way Ferrando sees it, “the opposition didn’t really have any interest in a voluntary agreement. There were some mediated discussions. It wasn’t in the realm of compromise.”

Ferrando was sure to say that most people in the neighborhood “have been pretty reasonable.” He says that he has met with residents to discuss his plans and that he’s redesigned the deck many times to accommodate their input. Contrary to Hunter’s statement, Ferrando says that the club has no formal complaints against it right now. As a good neighbor and a good businessman, Ferrando would like to keep it that way. He says of his possible plans for the deck, “it’s a pretty thoroughly researched project . . . . there is no motivation for me to do it and do it poorly.”

To accommodate concerns about noise and sightlines, Ferrando would partially enclose the space. He must, however, leave the area somewhat open in order to comply with the provisions of the DC smoking ban. (Other establishments have had partially enclosed spaces sited as being in violation of the ban.) Currently planned noise-dampening provisions include eight foot high soundproof walls. Music in this space would be limited to what Ferrando called “background music,” and sound tests indicated that the music would not be audible in all portions of the deck area. As for his motivation to have a bar on the roof deck, it seems to be a business decision; building the deck requires an investment in architectural plans, permitting, and construction, and selling alcohol helps pay those costs.

Continuing Conflict
Based on Hunter’s statements, he either does not know about the details of the deck plans or does not believe Ferrando’s description to be truthful. Hunter says that Ferrando “has no plans [and] does nothing for the community” Hunter was critical of the way that Ferrando has handled the ABC Board hearings by attending without a lawyer and by “tying up” the time of the protestants. Hunter also insisted that Ferrando has “incurred no expense in this matter.”

In contrast Ferrando states that it “costs a lot of money to fight a hearing.” He also says the liquor license modification process has been ongoing for over a year and may take another six to 12 months to resolve. Interestingly, his opponents question whether the deck is really planned as a smoking space and they use as evidence the fact that the smoking ban has already been in place for eight months. However, it seems possible that Ferrando began considering the deck well before the ban’s effective date.

In Summary . . .
Ferrando, though he has the support of his ANC Comissioner and some neighborhood residents, may not win approval to serve alcohol on a rooftop deck. He feels that the “ABC tries to force you into a settlement,” and he sounds unlikely to want to revisit negotiations with ANC 1B. He also says that when a credible protest is filed that “even if you are completely convinced that you’re going to win,” that the outcome of the hearings is uncertain. Yet, Ferrando expresses a desire to be a good corporate citizen. He agrees that it is reasonable for neighborhood groups to ask businesses for their cooperation on such matters as keeping their property clean and preventing noise from being heard outside. He just wishes they would choose to enforce adherence the goals rather than prescribe the means for achieving those goals.

Hunter expresses strong doubts that the license modification will be granted. He stated “it would amaze me if the Board would grant permission with so much opposition from the neighborhood.” And for his part, Hunter appears to be doing the best he can to represent that opposition and to seek others who may be opposed.

ANC Monthly Meetings

Hi, all. ANC 2F will be meeting on Wednesday, September 5th, and on Thursday the 6th ANC 1F will meet. As of today, 1B has not posted its agenda to its website, but 2F's is pasted below. The most interesting 2F matters will probably be the crime report and the DDOT plans for 11th Street.

Call to Order - 7:00 PM

Commissioner Announcements - 7:00 PMPSA 307 Report - Lt. Mike Smith, Metropolitan Police

Department, 3D - 7:10 PMReport from Executive Office of the Mayor - Joseph E. Martin - 7:15

PMDDOT Report - Christopher Ziemann, Ward 2 Transportation Planner - 7:30 PMANC2F-05

Candidate Forum - 7:35 PMCommunity Question and Answer Period - 7:50 PMCommunity

Announcements - 8:00 PMDC Department of Health Get Fresh Open Air Farmers Market September 8,2007 10:00 AM-3-:00 PM RFK Stadium

- 10 Minute Recess -

BUSINESS MEETING

Approval of Agenda - 8:10 PM

Approval of Minutes of Meeting of July 11, 2007 - 8:10 PMDDOT MattersStreet ClosingAIDS Walk, Saturday, October 6, 2007

Crime and Public Safety Matters - 8:20 PMANC2F Crime and Public Safety Committee Report Helen Kramer, Chair

ABRA Matters - 8:30 PMProposed rule changeK&D, LLC t/a Cork, 1740 13th St., NW, CR License. Voluntary Agreement

Community Development Committee Matters - 8:40 PMHotel Helix, 1430 Rhode Island Av.,

NW, BZA zoning variance, HPRB approval1430 K Street, American Sociological Assn, application for City financing

11th Street, Reconstruction project between L to O Streets

New Business - 8:55 PM

Treasurer's Report (Jim Richardson, Interim Treasurer) - 9:00 PMApproval of

ExpendituresRecurring expenses

Computer purchase

ANC Stands in the Way of You Getting a Beer

A lot of us were thrilled when Stoney's opened on the 14oo block of P Street. So you should then also be excited to hear that Stoney's is expanding to the the second floor of the building they occupy. When I last heard an update in July, construction work was almost complete. However, such an expansion requires the approval of the Alcoholic Beverage Regulation Administration (ABRA). ANC 2F is trying to get in the way of this approval.

In May ANC 2Fdecided to file a protest with ABRA on the basis that the expansion would "disturb the peace, order and quiet, of residential tenancies and lower property values." Apparently, the one story Stoney's does not cause any peace, order, or quiet issues. Nor do Halo's large open window or the outdoor seating at Logan Tavern and Merkado disturb the peace. In reality, the protest appears to be about the terms of the voluntary agreement (VA).

My understanding is that Stoney's found the VA, as drafted by the ANC, to be unacceptable and, therefore, declined to sign it. The Stoney's ownership, protecting its interests, then showed up to the monthly ANC meeting with an attorney. The rejection of the VA and presence of an attorney caused Commissioner Charles Reed to accuse Stoney's of not negotiating in good faith. At the last ANC meeting, there was no hope of progress at that time, and, the matter will be settled during the September meeting at the earliest (the August meeting was canceled). I'll try to provide updates as I find out more.