Saturday, February 06, 2010

Legal Bills Threaten Reimbursable Detail on H Street

This morning I received the following email from Joe Englert:

Bobby is protesting the rooftop decks at Rock and Roll Hotel and H Street Country Club.


Because of the legal fees and all the other lost time dealing with this matter, I believe all of my H Street businesses will be pulling out of the reimbursable police details. We can't afford to both retain legal counsel and pay all this money each week to the department.


The snowstorms have really taken a toll on our ability to make a profit. On top of this, It is very hard for small businesses to come up with several hundred extra dollars a week to pay for things like police details.


The beauty of our arrangement on H was that the bigger places like the Hotel and H Street Country Club could pull the weight for the smaller places. Now it will be impossible to pay for other smaller place's police bills while we fight the legal battle with Bobby.


We are really up against the wall here. And I guess someone like Bobby never thinks through the consequences of his actions. This is not a game for us. These added costs have a real affect on us being able to stay in business during the recession and now during the street construction.


Hopefully, Bobby will drop the protest and we can move on to providing a safer environment.


Thank you, Joe

So we have a statement from an individual intimately involved in several businesses on H Street telling us that, in the midst up what appears to be a rash of robberies, the extra police the businesses are paying for might have to go away. For those unfamiliar with the back story here, Bobby Pittman makes a habit of personally (well, on behalf of the small community group with unelected leadership that he personally leads) protesting every liquor license on H Street. Remember when the Atlas Performing Arts Center sought a license to serve alcohol during intermission? He protested it, and described the Atlas in at least one public meeting as "a bar." I know because I was there, and that characterization was hard to forget. The law in the District says that even a very small group of individuals can protest any liquor license. This can be useful in areas where the ANC doesn't do it's job. But over in ANC 6A we've got a great and highly capable ANC at work. So every nightclub/tavern/restaurant/store that holds a liquor license over here signs a solid voluntary agreement.  And when a business makes a big change, like adding a rooftop deck, it has to go back to the ANC, and seek to have the agreement modified (which these places have done). There is really no need for supplementary agreements in a case like this, but Bobby Pittman always want one. I'm told that his agreement signed by the Pug prohibits them from playing "acid rock" (apparently this is a 1970s term for heavy metal). So, as you can see, he's working hard to protect the community, and not just being a gadfly.

The downside to voluntary agreements is that they cost businesses money because they have to pay lawyers. Lawyers are expensive, and when you're a small business in a transitional neighborhood, you might not have a lot of money. Some of those businesses here have chosen to pay for extra security patrols on H Street to ensure that patrons, and visitors are safe. But these places can't afford to pay for extra lawyers AND extra cops. The odd thing about this is that Bobby Pittman was one of the group of people that worked together to get the very patrols that he is now helping to endanger. By the way, Bobby Pittman is running against Drew Ronneberg for the ANC seat recently vacated by Joe Fengler. The election is February 11th. Read more about the election here. The 6A02 election will be held at the February ANC meeting.
2nd Thursday, February 11, 7 p.m.
Miner E.S., 601 15th St. NE

38 comments:

jaybeas said...

And, of course, if/when crime on H Street increases because the businesses can't fund a reimbursable detail, Bobby Pittman will blame the bars and restaurants for causing the higher crime in the area. This will just embolden him more to obstruct any and all development on H.

Anonymous said...

This man is a menace, please vote against him. We're doing everything we can to create a fun and safe neighborhood on H st, and this man does nothing but get in the way of that.

Anonymous said...

Dear Bobby Pittman:

Please f*ck off.

love,

H Street

Anonymous said...

Can you put up more details about the Feb 11 election? I'm registered here but unsure where to go vote. Happy to exercise my voice against Bobby!

Anonymous said...

If I lived behind one of the businesses that wanted a roofdeck, I'd be glad he was protesting it. There's nothing wrong with a roofdeck per se, but the voluntary agreement is one of the only vehicles residents can use to ensure businesses (even the good ones) are good neighbors. If you're ANC isn't doing their job, it's even more important to stand up for your rights.

This sounds like a play to create public pressure to get the protestors to back down.

Neighborhood Guy said...

The worst thing for a neighborhood attracting business is an unreasonable and stubborn ANC Commissioner. Pittman gets an A in both categories. Does anyone have contact info for Drew Ronnenberg? We should do all that we can to make sure he Ronneberg gets the spot.

Anonymous said...

Is Mr. Englert against all voluntary agreements, or just those that invovle his own businesses?

jaybeas said...

anon@11:30:

As the post states, all these businesses DO sign voluntary agreements with the ANC. The problem is, Bobby Pittman is raising protests beyond these voluntary agreements and is trying to force businesses into additional agreements, even though they have already reached agreements with the actual elected representatives of the neighborhood. As Inked noted, these types of protests might be useful when an ANC is not involved, but I don't think anyone can argue that our local ANC reps are not very much involved in the community and in discussions with businesses setting up shop on H Street NE.

Anonymous said...

Joe Englert said:

1) We do have a voluntary agreement at every place.
2) Of course I believe businesses should sig voluntary agreement.
3) Each deck is designed to be off the street and off the alleys to mitigate noise. All patrons are off by mid-night already because of the voluntary agreements.
4) We have auto body repair shops as neighbors.
5) H Street has been a commercial strip for almost 100 years. Businesses were bound to open up at some point up the street;
6) I have a house and office 500 feet CLOSER to r n r and h st cc. You can't hear a peep from those businesses at my place.

Thanks--Joe

Mike said...

I can't believe it but I am on Joe's side with this one. Bobby is just a jerk. Drew for President.

Anonymous said...

To Anon at 11:30

The businesses negotiate VAs with neighbors so that they CAN be good neighbors and not have negative impacts on the quality of life.
Pittman protests every license and VA - even when they aren't close to where he lives.
Does Pittman ever win these protests? No, he just costs people time and money.

In the case of the decks at the Country Club and R & R Hotel, Pittman attended the ANC ABL committee meeting when they heard these requests. He sat there without asking any questions or raising any objections. That was the proper time to do it. Other community members participated.
But, no, Pittman waited until the VA was properly approved and processed by the community and the ANC to file an objection with ABRA downtown.

Pittman jerks people around. Why? There are simple ways for him to voice objections and work with the community but he chooses to throw grenades.
This is irresponsible and damaging to the entire community.

tonysmallframe said...

I live in the alley behind R+R, Hst CC, etc. Never had a bit of problem, noise or otherwise, from any of the places there. It's a shame that those further away from businesses get to fabricate stories. If I can't hear anything, no one will hear anything.

Margaret said...

To Anon 11:59

I work with many of the H Street businesses, including Joe's, and they're supportive of the VAs, because they protect the interests of the community.
Good VAs ensure that irresponsible bars don't destroy the quality of life for all of us. They can't open with poor business plans, and if they go bad after they begin operations, the VAs make it easier to shut them down.

This is simply good business. If H Street were to become a bunch of crummy joints, their investments would decline with the neighborhood. If course, it's not selfish like that. Many of the owners live in this community and want it to be a great place to live - just as you do.

H Street has places where you can take your family. A kids' menu at Argo. Birthday party packages at H Street Country Club. Sushi at Sticky at brunch. Grownup food at Granville's. Baby Loves Disco at Rock and Roll Hotel. The young mothers with strollers at SOVA.

Those VAs make sure it stays that way. Why would any of them oppose that?

Anonymous said...

The sad thing is, Pittman will probably get elected to ANC-6A, because the turnout for ANC special elections is notoriously poor, and he has more name recognition that Drew Ronnenberg does. If you live in that SMD, or know people who do, talk to them about what the heck is going on with this guy. Convince them that it matters if they vote.

Christopher said...

'm told that his agreement signed by the Pug prohibits them from playing "acid rock" (apparently this is a 1970s term for heavy metal).

The Doors are not what I would call heavy metal. But whatever.

I don't at all understand DC's fear of alcohol. Bars that stay open to 4 am and 24-hour beer and wine sales don't seem to have destroyed NYC. DC's fear of alcohol seems to be relatively new, or at least post-Barry. (DC in the 1980s was infamous for being really LOOSE about alcohol sales.) So maybe it's a church-led conservatism and an over-reaction to 1980s lawlessness. But it in the end it's really dispiriting. (Pun not entirely intended.)

Wylie Street said...

i hear some noise from palace of wonders, but's it's usually an isolated wooooooooooo! or two, which i assume happens when the sword swallower or other performer does an amazing trick. not sure how loud those other spots would get with a rooftop deck as the weather improves

has anyone here ever lived behind a bar with a rooftop deck during warmer months?

the patio at the red and the black doesn't seem so bad. i don't even notice it, really.

Rayful E. said...

Wow, a street full of bars. The one thing that will differentiate this neighborhood from Adams Morgan: The quality of the schools.

That'll get the property values up, and keep 'em up.

R&B said...

Wylie Street,
Speaking as staff at Red & Black, thank you. We do our best to control noise out there, and make sure that the patio is closed at a reasonable hour. We signed a voluntary agreement for the patio and limited hours because we wanted to be good neighbors. That's what most of these bars are trying to do. We want to offer outdoor seating because people love it, but we don't want it to become a problem. Vote for Drew, he's a good man who is looking out for the neighborhood as a whole. Also, does anyone know what time the election is? I know several people who live in that district but they all work in the evening and want their vote to be represented.

Anonymous said...

Here's the agenda for the ANC6a meeting on Thursday, February 11, 2010. http://www.anc6a.org/agendas/ANCA0210.pdf

The voting begins at 7:10 PM and ends at 8:10 PM.
You do NOT have to stick around. This will only take a couple of minutes, and there is a parking lot at Miner School at 601 15th Street, NE.
You MUST have a valid ID showing that you are a resident of SMD 6A02.
If you're not sure, here's a map: http://www.anc6a.org/map.html

This is really important. Take a few minutes to go vote for Drew.
Ask a few of your neighbors to go with you! The more votes the better. It shows that you care about this community.

Anonymous said...

ANC 6A commission is going to be an very interesting drama to watch this year. The afraid of the dark forces are already rearing their heads. Under the guise of "I'm only concerned that you will take bribes", the personal attacks on the new leadership have already started on the listservs. You folks deserve Bobby Pittman.

Anonymous said...

Joe Englert said:

Rayful:

GM, Argo, Souk and H Street Country Club have all been critically acclaimed for food. Vendetta and the Coal and Ice House will feature Italian and BBQ. Taylor and Dangerously Delicious and the Capital Diner are all about food. Much more of a dining scene than Adams Morgan will ever be............

Jen said...

And Rayful, don't forget the H Street Playhouse and the Atlas Performing Arts Center, arts destinations that draw diverse audiences to the theatres and restaurants from around the region.

And was the remark about the schools meant to mean that schools around here are good or bad. I couldn't tell. The elementary schools in the Capitol Hill and H Street area have become a viable option. Many local families are choosing to stay and send their kids to local schools because of their response to the needs of the community (pre-school programs, foreign language and arts curriculum, etc)

And Vote for Drew!

Margaret said...

Rayful,
Good school have been one part of the Capitol Hill community since I moved here in 1975. My kids were reared here and attended local public and parochial schools. They returned after college and bought homes, and now I have grandchildren living on the Hill.

All of this is possible because there are dining, entertainment, and retail options that are constantly expanding.
The Voluntary Agreements on H Street are an important factor in making certain that H Street will remain a community-serving commercial area that doesn't turn into a nightly bacchanal for destination drinkers like Adams Morgan.

As Joe say, there are restaurants with good dining options, including kids' menus. The Atlas Theater and H Street Playhouse offer programs for children and adults, many of them free or very cheap. We plan events on H Street as public family celebrations so that people can bring their children, enjoying them for free. There are coffee shops, exercise studios, art galleries, and yoga, a good hardware store, and many more wonderful opportunities if you open your eyes.

Property values are soaring because this is a wonderful community with options for everyone.

Anonymous said...

I used to live near a bar with a rooftop deck in Adams Morgan. I couldn't sleep until the last drunken a-hole finally left at 3am. Of course, I deserved it because I moved there knowing full well that rooftop bars existed.

Anonymous said...

Joe Englert said:

Anon 1:50:

We have already signed a voluntary agreement to have no rooftop seating after 12:00. 11:00 on weekdays. Also, the way we have designed patios for the buildings on the 1300 block of H make them up to 250 feet away from our alley neighbors. 18th street is a very different place then h, especially because it has such close proximity to condos.

Anonymous said...

A little history: Bobby Pittman was a gadfly many years ago, but on the other side of the issue! I was lead counsel (pro Bono) for the Onyx protest, and Bobby was originally with us. One day, with no explanation, he abruptly changed sides and became a big supporter of the Onyx. It was odd. He frequently made accusations about people getting bribes, and which some people thought was weird and seemed to be baseless.

inked said...

Onyx occupied the Country Club's space before Phish Tea.

G st said...

I'm a resident who really wants to vote in this election, however I work during the election hours is there any way I can get my vote in so I am represented?

Anonymous said...

Re: Anon 1:52
Pittman wasn't wrong about "people getting bribes," which was pretty common on H Street in the late 1990s and early 2000s - until the City Council rewrote the ANC laws and redistricted the ANCs.
There was a lot of cash changing hands, as ANC commissioners, and those associated with them, were asking for "contributions" from merchants, particularly those whose liquor licenses were up for renewal.
Some people might have thought Pittman's comments were "weird" and "baseless," but for those who've been around for awhile, this was pretty common knowledge. Not saying Pittman was involved but he would have been aware.

From the City Paper Apr. 16 - 22, 1999 (Vol. 19, #16)
http://www.washingtoncitypaper.com/display.php?id=17114

tonysmallframe said...

What type of ID do you need to vote? I don't have a license at the moment, but do have bills and such showing my address.

inked said...

Here's some info I found online:

Voting Information
Identification Required to Vote

D.C. election law currently does not require voters to present identification except for certain first-time voters; Each individual who has not previously voted in a federal election in the District of Columbia and who registers to vote by mail shall present, either at the time of registration or at the polling place, or when voting by mail, a copy of a current and valid government photo identification or a copy of a current utility bill, bank statement, government check, or pay check that shows the voter's name and address. This requirement does not apply to (A) individuals whose registration application includes a driver's license number or at least the last four digits of the individual's social security number, and matches an existing identification record bearing the same number, name, and date of birth as the application; or (B) individuals entitled to vote without being present at their precinct polling location, such as qualified voters residing overseas and members of the Armed Forces.

Anonymous said...

It seems pretty obvious that Englert wants the Pittman protests to go away so he's holding the reimbursable details hostage.

These kind of legal issues go with owning a business. Threatening to pull the details seems like a ploy to force Pittman to back down.

This is a really smart businessman using public opinion to get rid of a problem. Very smart, Mr. Englert. Very smart.

However, I think his patrons would appreciate him putting their safety first and foremost and keeping these issues separate.

We are extremely grateful for what he has done for the community. However, I find tying these issues together to be wrong.

Anonymous said...

I am so thankful not to live around Bobby Pittman anymore. That guy is a self-apointed neighborhood busybody with delusions of grandeur. He would frequently send emails using "we" in the first-person pretending to represent his 1-person neighborhood "association" (the one with no elections, no meetings, and no accountability).

Anyone who still lives in that ANC - vote for ANYONE but pittman.

Anonymous said...

Inked, there are different ID rules that apply to Special Elections for ANC seats. Voters must show that they reside within the Single Member District (SMD) for which the election is being held.
Otherwise the entire neighborhood could stuff the ballot boxes whether they lived in that SMD or not.
The ID is simply to prove residency.

inked said...

1:28,
I'm not sure about the rules for special elections. I would think they would still have a list. As long as someone was registered I'd think that some form of government issued ID, and either a voter registration card, or utility bill might get you there.

If all you check is residency based ID (and not a list) you would end up with people voting who aren't even registered in DC at all.

inked said...

tonysmallframe,

I called the Board of Elections and Ethics. They have a list. As long as you are registered in that SMD, you will be ok with a utility bill, or a state issued ID. They promised that if someone has lost their driver's license, or doesn't have one for DC (but is registered to vote) this will still work. Please call them if you have other questions.
(202) 727-2525

Anonymous said...

Pittman is a menace and I honestly believe he pulls this crap only to be relevant in his own mind.

Anonymous said...

Joe Englert said:

Anonymous 9:27, I respectfully disagree. The weather and timing of Holidays in December, has wrecked our bottom line.

We cannot make payroll, make mortgages, pay thousands of dollars for police details and pay thousands of dollars in legal bills and stay in business.

Rock and Roll Hotel grossed $2,000 last week. If you think that those kind of weeks don't ruin a business that has to make $20,000 a week to break even, think again.

We are not made out of money. And if Bobby wants to hurt us financially, he can go ahead. The protest is frivolous. It basically says that the ANC and the government's controls on us don't count. We just can't fund extra programs when we can barely survive these days...........