Bout Pleasant A long-standing live-music feud escalates between Mount Pleasant’s neighborhood groups.
Hear No Upheaval: Laurie Collins fights to turn down the volume.
(Darrow Montgomery)
Recent Show & Tell
- Closing Time
Posted: September 10, 2008 - Pitter Pander
Posted: September 3, 2008 - The Martial Plan
Posted: August 27, 2008 - Work Is Hell
Posted: August 20, 2008
One of Mount Pleasant’s most riveting civic disputes may come down to the case of a couple of returned checks.
Several years back, Claudia Schlosberg and Wayne Kahn decided to join the Mount Pleasant Neighborhood Alliance, a group that has long crusaded against live music in the area. So the couple, well-known music fans, sent in their check. As far as they were concerned, they were now members of the community organization.
Shortly thereafter, there was a hearing before the District’s Alcoholic Beverage Regulation Administration (ABRA) regarding a restaurant on Mount Pleasant Street NW.
Says Schlosberg: “My husband, out of curiosity, went down to that hearing. The board said, ‘Who’s here from MPNA?’ And since he sent his check in, and they claim to be open to everyone who lives within Mount Pleasant, [he] said ‘yes’ [he was].” Kahn wasn’t alone: According to MPNA President Laurie Collins, pro-nightlife lawyer Rick Massumi, who was also present at that meeting, had also sent a check to MPNA and also attested to be a member.
Later, Massumi and Kahn found their money back in their mailboxes. The MPNA board had voted to return Kahn’s and Massumi’s checks, denying them membership under the organization’s bylaws.
The return-to-sender incident was among the more colorful episodes in Mount Pleasant’s protracted fight over live music in the neighborhood. At the center of the brawl is Mount Pleasant’s famous “voluntary agreements” signed by the MPNA and nine neighborhood restaurants to turn down the volume. “These voluntary agreements are not voluntary,” insists Schlosberg.
Last year, Schlosberg joined the steering committee of Hear Mount Pleasant, a new entity that’s trying to overturn those agreements—and now, the pro-live-tunes folks are citing their returned checks in an attempt to take the MPNA down. They’re arguing that the MPNA is essentially an illegitimate organization, a cabal of like-minded people who want to rule the neighborhood—and turn away those who don’t agree with their policies.
The whole business with the checks has become a burning issue because a few joints along the Mount Pleasant Street strip have gotten tired of MPNA and its policies. Last April, Haydee’s, Don Jaime’s, and Don Juan’s announced their intentions to terminate their decade-long voluntary agreements with the MPNA. MPNA’s current voluntary agreements with the three restaurants—signed in 1997, 2000, and 2001, respectively—stipulate that no live music be played, no dancing occur, and no cover be charged at each establishment.
Hear Mount Pleasant hopes to draft its own voluntary agreements with the three establishments that will allow for live music. “We feel our approach is incompatible with the ‘gotcha’ approach of the MPNA,” says Schlosberg. “What we are trying to do is to create a different structure under which we can work collaboratively.”
Collins sees a different dynamic in the relationship: “Haydee’s, Don Juan’s, and Don Jaime’s have been pawned by Hear Mount Pleasant.”
In December, a hearing of the D.C. Alcoholic Beverage Regulation Administration took up an application by Haydee’s, a Mexican/Salvadoran joint, for a license that would allow it to host live music and to charge a cover.
Massumi was ready. An attorney with Sutherland, Asbill & Brennan, Massumi now provides pro bono legal counsel to the three establishments in an effort to undo MPNA’s voluntary agreements.
“I came here with one motion: to terminate MPNA. That is my goal, that’s what my clients need, that’s what our neighborhood needs,” Massumi stated in the Dec. 12 hearing. “The tyranny of the MPNA is coming to an end in these proceedings.”
Added Massumi, “We want the freedom of our community back. We want the freedom of our licensees back. We want our licensees to flourish. And equally as important, we want MPNA ousted. The neighborhood is sick of them.”
“We’ve never said we want to destroy MPNA,” insists Schlosberg. Still, she says, “The MPNA has functioned as a small, very private organization that didn’t allow the people in the community to participate in the voluntary agreements. And all the while, they’ve purported to represent the community.”
Massumi’s challenge of the MPNA’s standing as an organization centers around MPNA’s membership policies.
In order to terminate the MPNA’s voluntary agreements, Collins explains, the establishments would have to show that the MPNA’s membership is not open. Collins claims that the only two members she’s turned down are Massumi and Kahn, though she says that a mix-up involving incorrect mailing addresses may have inadvertently returned some other applications. Schlosberg counters, “Membership is not open, and until very recently, they didn’t have open meetings.” She adds, “Members and nonmembers of Hear Mount Pleasant have come forward to say their attempts to work with MPNA or join MPNA have met with total resistance.”
In last December’s hearing, Massumi indicated that he would no longer cooperate with the organization that returned his application for membership. “I will not negotiate with MPNA, because it is logically contrary to the motion I have filed…to have to be forced to mediate with someone I’m trying to get rid of.” There were other groups of citizens present at the hearing that Massumi claimed were secretly affiliated with the MPNA. He referred to them in the hearing as “viruses.”
As a result, negotiations between MPNA and the three establishments have reached a standstill. “Now, Massumi has stated outright that we’re not allowed to speak with these establishments,” says Collins. “We would be happy to negotiate the agreements, but we’re not even allowed to talk to the applicants. It’s too bad because, really, we’re almost on the same page.” In the hearing, Collins said she was “looking forward to mediation.”
A mediation hearing on the entertainment license—as well as a separate hearing on MPNA’s standing—was slated for Wednesday.
The conflict has “become extremely personal,” says Collins, who has come under scrutiny for relocating from the Mount Pleasant neighborhood after separating from her husband and has battled all sorts of nasty allegations. “I’ve been attacked. I have been threatened. I’ve been in screaming matches you wouldn’t believe,” says Collins.
“There are things that Laurie has said that would really make your hair stand on end,” counters Schlosberg. “There’s a huge undercurrent of racism and classism here,” she adds.
Mount Pleasant ANC Vice Chair Gregg Edwards, also present at the December hearing, framed the problem this way: “For God’s sake, let’s pull these things together,” he said. “Let’s start talking together like adults.”
Got Something for Show & Tell? Send tips to show@washingtoncitypaper.com. Or call (202) 332-2100, x 473.
Feb. 1 - 7, 2008 (Vol. 28, #5)
Comments
10:12 pm
We appreciate City Paper's effort to report on important community matters in Mt. Pleasant. Unfortunately, the focus of this column may lead readers to believe that this community-wide dispute is merely about personalities.
The conflict in Mt. Pleasant is not about personalities but about rights. The MPNA effectively banned all music and cultural expression through the use of voluntary agreements without community input or involvement. The music ban affected the entire community but the most immediate loss was the loss of live Mariachi bands -once a staple of Mt. Pleasant night life.
The agreements were negotiated in secret and kept out of the public eye. They are enforced through complaints, which has led to discriminatory enforcement. This has allowed certain businesses to violate their agreements with impunity, while others, mostly Latino, are subjected to repeated inspections and surveillance.
Mt. Pleasant neighbors, including members of Hear Mt. Pleasant, reached out to the MPNA for years on this issue and were pointedly ignored. Frustration over the ban and its impact on immigrant-owned business and Latin culture in Mt. Pleasant finally led neighbors and business to band together to get these draconian controls lifted. Far from a personality contest, the"Bout" is about transparency, accountability, participation and who gets to decide the fate of a community's resources.
Sincerely,
- Hear Mt. Pleasant Steering Committee:
Natalie Avery
Andrea Blatchford
Amber Gallup
Wayne Kahn
Phil Lepanto
David Sachdev
Claudia Schlosberg
Eugene Stevanus
Janelle Treibitz
www.hearmountpleasant.org
10:17 am
Why don't residents consider whether they like the culture of a neighborhood before moving there or in a decision about whether to stay there instead of trying to impose their preferences on the established culture and suppress what others find unique and enriching about it?
I know the neighborhood and I know it doesn't suit me but i respect what goes on there.
1:33 pm
This is about personalities. It is also about the hidden agenda of music promotors in the neighborhood wanting to make money. What is most distubing to me as a 28 year resident is to hear that Hear Mt. Pleasant members are calling members of our community, myself included racist. I understand one of the signers of the Hear Mt. Pleasant was at a party and referred to me as a racist to my next door neighbor. Ironically it was for a decision made at the Department of Transportation, after I had left that agency. There is a real fast and loose playing of the facts here and it is the neighborhood that is suffering. Additionally, it will also be the residents of Mt. Pleasant Street who will suffer, many of whom are poor and Latino because these bars are in the apartment buildings their homes are in. As long as the City Paper caters to just a few people it will continue to be this way. There are 5 other groups that have entered into protests of the entertainment endorsements, I don't see any effort to interview those groups--or "virus" as they are called. I am married to one of the virus, my house faces Mt. Pleasant Street. Many of the Hear Mt. Pleasant People don't reside in Mt. Pleasant as it is currently defined and those, such as Ms. Schlosberg live far enough away, they will not hear the noise.
5:43 pm
I'm flabbergasted by the allegations against Ms. Collins. For 20 years, she has been a pillar of the MP community. She was there fighting the good fight back when the 'hood was called Mount Unpleasant. MP has come a long way since then, in part, because of Ms. Collins & the hard work of the MPNA. I wish there were more residents with the passion & courage of Ms. Collins. I'm proud to call Laurie one of my dearest friends.
11:53 am
I have lived in Mount Pleasant for 35+ years. The neighborhood has changed alot since the then. However, Collins did not help reduce crime or other problems of the neighborhood. It was the small business owners that setup shop in the tough neighbor providing the much need jobs and investments. It was that tax base that provide help improve the area.
FYI, crime across the entire city has improved greatly over the past decade. Neighborhoods without strict VA saw the same reduction in petty and serious crime. Bottom line is that the boom times provide more jobs, more jobs equal more money, more money less crime.
Why is Collins are of Mt Pleasant if she does not reside there?
5:08 pm
Heaven forbid that anybody should promote music or try to make money! Heck, businesses should be so grateful to be allowed to operate in our neighborhood at all, THEY should be paying US to patronize them!
But seriously, some of us are alarmed by the entire "voluntary agreement" (VA) system, one of the most easily abused anti-business practices in the city, and not just because of the MPNA's live music restrictions. Mt. Pleasant has enough trouble attracting new businesses; why on earth would any business owner consider opening in a neighborhood with community organizations that have a long track record of placing extensive restrictions on businesses? If we want the Mt. Pleasant business district to succeed, we should be placing FEWER restrictions on businesses, not more.
For what it's worth, I don't think any of this is about racism; it's about a community organization being used as a tool by a very small number of people to impose their will on the entire neighborhood, to the detriment of our neighborhood's businesses and residents regardless of color or ethnicity. In fact I'm willing to bet that a lot of residents who would like to hear live music in our neighborhood are young, white, and relatively affluent.
11:00 am
I disagree with Ms. Collins vehemently and feel that she is the greatest threat to the first amendment and the DC arts scene that I have seen in a while....but...I have to give credit where due. I like her new look. You look great Ms. Collins. Anyway, this fight is acrimonious and ends up erupting over personalities and trash dumpsters. MPNA and Ms. Collins had a legitimate aim to stop punk in drublicness and excessive noise in a residential neighborhood. They had very little success with using the traditional means of enforcement for those problems. So instead, they cheated and found great success using a very blunt and unsubtle process to threaten local businessmen with bankruptcy by holding up their ability to do business until they banned live music and dancing. This is undemocratic and violates the constitution's guarantee of freedom of expression. Time, place and manner restrictions on speech are not uncommon, but to condition the ability to engage in commerce upon a complete ban all forms of dance and music is clearly a violation.
Now, this strategy may have been all that could work in the days of the Barry administration, but the times have changed. Stop the fighting and stop trying to suppress art and speech.
4:22 pm
To “Mt Pleasant Resident” and “stravaganza”: Thank you for your 2 postings. I can see that you guys have lots to say (and even a compliment, thank you), but you don't seem to understand what has actually taken place regarding live entertainment, trash and Mt. Pleasant businesses.
As to the trash: The Public Space Committee made its decision 2 years ago to denied Mr. Choi's request to store garbage on public space. He did not appeal this decision made by the city nor did he care to help his tenant, Mr. Ferrifino who pays an exorbitant amount of rent to Mr. Choi to share his space as he promised in the first place.
This decision by the PSC was made after a fair and democratic hearing, with input from community members, MPNA, the ANC, Historic Mt. Pleasant, many stakeholders who live nearby, the DC Council, and police. But that doesn’t sound too sexy does it--you who cries unconstitutional and undemocratic—you should direct your angry energy to Mr. Choi.
As to music: MPNA supports live entertainment and has worked with 6 of the 9 establishments who wish to have live entertainment. Voluntary agreements are part of the law and provisions inside the agreements are reviewed and approved by the ABC Board—not by community groups. There are over 700 VAs across the city—you don’t like it—change the law—talk to the DC Council. But please don’t attack our rights under the law. Talking about being undemocratic and hypocritical—you don’t want us to exercise our rights under the law, yet you think your rights are being violated under the constitution which guarantees freedom of speech and expression.
But even more disturbing, you seem to believe that freedom of speech, expression, dance, and music can *only* be expressed in venues that serve alcohol.
9:39 pm
Denise W is entirely self-obsessed.
It's not about her, no matter how much she wants to make it about her.
11:20 pm
If you're over 40, the retirement home is on Newton St. Otherwise, please stop being a grandma, ok? Kids like to have the funsies and you're yelling at them to get off the lawn. No one who has been a Mt Pleasant resident for 20 or more years should have a say in this. It means you've gotten stale.
10:09 pm
the hear mount pleasant crowd is one big bunch of wacko losers. i hope they disappear soon from the neighborhood scene because they are completely despicable. i have read that there are music producers and people from outside the neighborhood among them.