Wells Advocates Papering Reform

Press Release: September 17, 2007
Ward 6 Councilmember Tommy Wells

Immediate Release Contact: Charles Allen
1350 Pennsylvania Avenue, N.W., Room 408 (202) 724-8072
Washington, D.C. 20004 www.TommyWells.org

Councilmember Tommy Wells Again Calls for Reform of Police “Papering”

(Washington, DC) - On Monday, September 17th, Councilmember Tommy Wells called again for a reform of the burdensome requirements on Metropolitan Police Department (MPD) officers to personally take booking information on an arrested individual to court at 7:30 a.m. the morning after an arrest takes place - a practice commonly known as “papering.” Councilmember Phil Mendelson, chair of the Committee on Public Safety and the Judiciary, held a public hearing on the “Sense of the Council to Reform Police Court-Papering Requirements Resolution of 2007” introduced by Councilmembers Wells and Mendelson earlier this year.

“Our challenge is to do something different, not just do what we do today a little bit better,” stated Councilmember Wells after hearing several MPD officers testify about the demand the papering process puts on their time. Wells added, “Too often, I hear stories of officers forced to sleep in their car when their shift ends but before they are required to go back on duty, on overtime pay, for the 7:30 a.m. papering call at court.”

The current papering process is required by the MPD, the Office of the United States Attorney for the District of Columbia, and District of Columbia Superior Court and takes officers off the streets, creates significant overtime costs to MPD, and puts an undue administrative burden on MPD officers - creating a system that hinders an officer's ability to make arrests.

In an earlier letter to Council on the subject, MPD Chief Cathy Lanier reported that for the week of January 24 through January 31, 2007, MPD reported that it paid 1,616 overtime hours dedicated for officers to comply with papering requirements for lock-up cases, approximately $90,000. Over the course of a year, the papering process is costing the District nearly $5.0 million in overtime pay - an amount that could pay for at least 52 additional officers a year.

Officers also testified that the papering burden leads to low morale, hurts officer retention in the force, and occasionally contributes to whether a criminal is arrested late at night when an officer knows they will be required to stay on the job after their shift ends for several hours the following day when the courts open.

“The time of day should never be a factor in whether an arrest is made. No one has taken responsibility for solving this chronic problem and passing the buck has hit our front line officers the hardest,” commented Mr. Wells. He concluded, “Our police retention rate takes a hit with every overtime hour paid due to papering.”

This Sense of the Council Resolution calls on MPD, the US Attorneys Office and the District of Columbia Superior Court to work together to develop a streamlined, less burdensome, and less costly court-papering process, benchmarked against neighboring and similar jurisdictions, to keep MPD officers in the field to protect and serve the residents of the District of Columbia.

WT: Noise Bill Introduced

The Times reports on the newly introduced bill set to modify the existing noise law. This new bill is partly a response to concerns from neighbors at 8th & H Streets who regularly endure hours of amplified street preaching.

Quest for Quiet Reacts to New Bill

Check out the Quest for Quiet take on Tommy Wells' new noise legislation.

Wells Introduces Noise Legislation

Press Release: April 3, 2007
Ward 6 Councilmember Tommy Wells

Immediate Release Contact: Charles Allen
1350 Pennsylvania Avenue, N.W., Room 408 (202) 724-8072
Washington, D.C. 20004

Councilmember Tommy Wells Introduces Bill to Protect Residents from Amplified Noise; Protects Free Speech

(Washington, DC) - On Tuesday, April 3, 2007, Councilmember Tommy Wells introduced the “Noise Control Protection Amendment Act of 2007.” The bill is intended to change the definition of a noise disturbance to both protect First Amendment free speech as well as protect the health and peace of residents from amplified noise.

In 2004, Council amended the definition of a noise disturbance, exempting non-commercial public speech in the daytime from enforcement by the Noise Control Act. The definition change created a loophole with unintentional effect - leaving non-commercial speech in the daytime subject to absolutely no noise limitations under District law.

As an example of how the loophole is being taken advantage of, a group has been using large amplifiers to blast noise every Saturday for four to eight hours for the last four years at the corner of 8th and H Streets, NE. DCRA inspectors took readings of the amplified noise over a four-month period and recorded decibel levels ranging from 75 to 92 decibels. That’s equivalent to same loudness created by factory noise or thunder.

“As a result of the group’s amplifiers, residents as far away as three blocks away can’t open their windows or work in their yards without being subject to the amplified noise. As a result of the legal loophole, DC officials cannot do anything to get the group to turn down their speakers to a more reasonable level and several attempts at mediation have been unsuccessful,” remarked Mr. Wells.

The Noise Control Protection Amendment Act of 2007 seeks to balance First Amendment rights and protections, with the rights of residents to enjoy quiet in their homes and protect their hearing from lasting damage. Going above and beyond First Amendment protections found in other jurisdictions, with this bill, non-commercial public speech measured above 70 decibels would only constitute a noise disturbance if it were also found to be excessive under the “reasonable person” standard as defined by DC law. DC’s Attorney General has reviewed this proposal and believes it represents a Constitutionally sound approach that balances the protection of free speech and protection for residents.

In researching noise ordinances and case law, DC’s Attorney General reviewed statutes in Boston, Chicago, Los Angeles, San Diego, Atlanta, New York and Maryland. Of those, only Los Angeles differentiated speech from other amplified noise by zone, time of day and distance from the noise. In each of the other statutes, speech and amplified speech is not treated differently from other unreasonable noises.

In reviewing the statutes of Los Angeles, any noises above 75 decibels are considered a disturbance. In Miami, any noise above 60 decibels in residential zones or 75 decibels in commercial and industrial zones is considered a disturbance.

The issue of noise disturbance also relates to the health of those subjected to long-term exposure to amplified noise, such as the residents around 8th and H Streets, NE. According to OSHA, 8 hours of noise at 85 dB causes permanent hearing loss. And according to the EPA, exposure to 70 decibels or more for 24 hours will cause measurable hearing loss over a lifetime and levels of 55 decibels outdoors and 45 decibels indoors are identified as the levels of noise which will permit spoken conversation and other activities such as sleeping, working and recreation, which are part of the daily human condition, and prevent interference with regular activities.

Remarked Mr. Wells, “The process to get to introduction today has been a long wait for the neighborhoods and residents subjected to amplified noise. I have worked closely with the Attorney General and her staff, as well as had the benefit of partnering with Councilmember Cheh and her Constitutional law expertise and perspective as a former board member of the ACLU. I have also invited labor and community leaders to sit at the table for every step of this process.”

Councilmembers Mary Cheh and Kwame Brown joined Mr. Wells by co-introducing the bill and Councilmember David Catania co-sponsored the proposal.

Quick Facts:

· When considering decibel levels and their relationship to noise created, it’s important to note that every increase of 10 decibels (dBs) represents a doubling of the loudness of the noise.

· Below is a table of decibel level examples (Source: Encarta):

0 dB - threshold of hearing
10 dB - rustle of leaves, a quiet whisper
20 dB - average whisper
20-50 dB - quiet conversation
40-45 dB - hotel, theater between performances
50-65 dB - loud conversation
65-70 dB - traffic on a busy street
65-90 dB - train
75-80 dB - factory noise (light/medium work)
90 dB - heavy traffic
90-100 dB - thunder
110-140 dB - jet aircraft at takeoff


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Charles Allen
Chief of Staff
Councilmember Tommy Wells, Ward 6
John A. Wilson Building
1350 Pennsylvania Ave., NW, Suite 408
Washington, DC 20004

callen@dccouncil.us
202-724-8072 - phone
202-724-8054 - fax

Fenty & Wells @ RCA Meeting

Mayor Adrian Fenty and Ward 6 Councilmember Tommy Wells will be at the Rosedale Citizens Alliance meeting tonight, 7:30-9pm at the Rosedale Recreation Center, 1700 Gales NE. Anyone with interest in the Rosedale neighborhood in Northeast DC is welcome to attend. For more information about Rosedale and RCA, see the RCA website: http://mysite.verizon.net/rosedale_citizens_alliance

Tommy Wells Office Hours on H Street

Press Release
Ward 6 Councilmember Tommy Wells

Immediate Release Contact: Charles Allen
1350 Pennsylvania Avenue, N.W., Room 408 (202)724-8072
Washington, D.C. 20004


Councilmember Tommy Wells Opens H Street Community Office Hours


(Washington, DC) – On Thursday, February 22nd, 8:00 – 9:30 am, Ward 6 Councilmember Tommy Wells will host community office hours at Sidamo Coffee, 417 H Street, NE, 20002. On the fourth Thursday morning of every month, Councilmember Wells will host this type of outreach event on H Street, NE and members of his constituent services staff will be on hand to help handle requests from residents. “I want to continue finding new ways to make my office more accessible across Ward 6 to get feedback and provide assistance to residents,” said Mr. Wells.

To showcase and support the historical and emerging small businesses along H Street, NE, these monthly community morning office hours will rotate among several locations on the corridor and will be publicized online and at Advisory Neighborhood Commission meetings.

“Whether it’s help with a permit from DCRA, an alley that needs to be cleaned, or an idea that could turn into legislation at Council, I want to make myself more available to those that may not be able to make it to the Wilson Building downtown,” added Mr. Wells.

On Thursday, February 8th, Councilmember Wells joined nearly 30 residents in Southwest DC for a similar type of event at the Channel Inn along the waterfront. Mr. Wells hosts community office hours in Southwest on the second Thursday morning of each month.

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Here's a Roll Call mention of the new hours.

QFQ: Rest for Weary Ears?

Tommy Wells (Ward 6), Mary Cheh (Ward 3), representatives from the District of Columbia Office of the Attorney General, and representatives from the D.C. Labor Council (concerned about how the law impacts labor protests) met with residents of the H Street community regarding the amplified speech occuring at the corner of 8th H Street every weekend. Quest for Quiet covers the story.

Tommy Wells: Office Hours on H?

Press Release
Ward 6 Councilmember Tommy Wells

Immediate Release Contact: Charles Allen
1350 Pennsylvania Avenue, N.W., Room 408 (202)724-8072
Washington, D.C. 20004

Councilmember Tommy Wells Opens Southwest Office Hours

(Washington, DC) – On Thursday, February 8th, 8:00 – 9:00 am, Ward 6 Councilmember Tommy Wells will kick off the first of his Southwest morning office hours at the Channel Inn, 650 Water Street, SW, 20024. “Community meetings and events put me in many neighborhoods several nights a week, but I wanted to create a new way to make sure I am accessible throughout Ward 6 to hear from and help the residents I serve,” said Mr. Wells.

On the second Thursday of every month, Councilmember Wells and members of his staff will arrive at the Channel Inn at 8:00 am to make the Council office more accessible to residents living in Southwest DC. Representatives from his constituent services staff will also be on hand to help handle requests from residents. “Whether it’s help with a permit from DCRA, an alley that needs to be cleaned, or an idea that could turn into legislation at Council, I want to make myself more available to those that may not be able to make it to the Wilson Building downtown,” added Mr. Wells.

Councilmember Wells is currently looking to establish similar morning office hours on a monthly basis along H Street, NE.