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‘Shut the front door’ on regulatory overreach

D.C. Council ‘nanny caucus’ pushes anti-enterprise legislative fads

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It’s hard work maintaining D.C.’s longstanding status at the very bottom of the barrel as the most “small-business-unfriendly” jurisdiction in the country. Some local elected officials, however, seem determined to repeatedly demonstrate that they remain fully up to the task of preserving the District’s ignominious distinction.

The latest example of this misguided enterprise entanglement and penchant for exceeding the compliance ability of government is a bill introduced last week by the cohorts of what some have begun referring to as the D.C. Council “nanny caucus” — Mary Cheh (D-Ward 3), Tommy Wells (D-Ward 6), Phil Mendelson (D-At-Large) and Jim Graham (D-Ward 1).

A proposed energy bill, heralded in a news release issued by Council member Cheh, includes a provision mandating that local businesses, as well as “commercial properties” such as “office buildings and service facilities,” “keep exterior doors and windows closed when an air conditioner that cools the adjacent area is in operation.”

Pause for eye rolling.

Enforcement would become the responsibility of the District Department of the Environment (DDOE), with fines and penalties to be administered by the Department of Consumer and Regulatory Affairs (DCRA). No details are offered regarding the number of government workers required to be tasked with inspecting the many thousands of applicable structures on a regular basis, or even if there is an adequate number to be pulled from other priorities to do so.

Exempt under the proposal are enterprises operating only a single business location, commercial properties of less than 4,000 square feet in size, exclusive of storage space, and hotels or restaurants. An odd and troubling omission is the lack of a specified exemption for bars and nightclubs alongside that for restaurants and hotels.

Regulations of this onerous variety are commonly introduced without inquiry or regard for the appraisal of in-house officials evaluating whether the inspection, enforcement and administrative responsibilities exceed the operational and functional capabilities of already overburdened city agencies. And, in order to maintain the perception of cost neutrality, such bills do not include provisions for increased agency staffing or related activity expenses necessary to actually implement such business mandates.

Quibbling over real-world practicalities or considering downstream implications is not the hallmark of other similar efforts by these same legislators. Why allow a perfectly good opportunity to extend the reach and growth of government to get sidetracked by mere bureaucratic details?

Is it not understood that business enterprises, commercial properties and office buildings are doing everything possible to reduce waste and eliminate unnecessary operating expenses? If only the same could be said of our city government.

Monitoring and maintaining energy and other efficiencies are especially critical in a locale with the second highest business taxation rates among states and one of the most heavily taxed places to live.

While most modern buildings are close to hermetically sealed, the practice of propping open or raising a door or two is usually borne of necessity – accommodating patron safety, operational practicality or employee service functions. Examples include heavily trafficked delivery docks and service bays, passageways for patio areas at bars and employee service personnel paths of access.

What, if any, is the energy use differential between seeping air and the nearly ubiquitous standard alternative — sensor-activated automatically sliding doors? Would the proponents deign that local businesses install behemoth electronic doorway structures, perhaps with double-doors creating a sealed “chamber-like” environment? What are the inherent carbon trade-offs of such a costly switch?

This increasingly isolated legislative minority has proven largely unsuccessful in gaining traction for similar initiatives among their colleagues on the 13-member Council. Thank goddess for small mercies.

However, their policy efforts appear limited only by what can be cribbed from the hit lists of special interest groups or that mimic legislatively trendy mandates offered up by hyper-regulatory counterparts in other jurisdictions. A reflexive tendency to meddle in the minutiae of business operation, as if a parent scolding a small child, has become as unflinchingly normal as commerce itself.

Instead of scheming up overzealous and ridiculous new business micromanagement measures of either controversial or counterproductive merit, we would be better served by sensible Council members supportive of local businesses and the revenues they generate.

Let’s hope this latest provision is quickly tossed in the legislative dustbin.

Mark Lee is a local small business manager and long-time community business advocate. Reach him at [email protected].

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2 Comments

2 Comments

  1. Charlie

    April 25, 2012 at 5:51 pm

    The stores that keep there front doors wide open all day during the summer come to mind here. Rather than using the government to stop this kind of poor citizenship people could just organize boycotts of businesses that operate in this way. But I am guessing Mark Lee would object to a little bit of capitalist pressure here as well.

    What I am wondering about is why the Blade is publishing this. There certainly isn’t much of an LGBT angle here. Perhaps the goal is to sell more advertising to the stores taking over Dupont Circle that do this kind of thing.

  2. Newt's Fourth Wife

    April 27, 2012 at 7:49 am

    Who actually wrote this piece? ALEC?

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Opinion | LGBTQ Virginians advocate D.C. statehood

The right of all Americans to be part of our democratic society

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My hometown will always be Washington, D.C. It’s the place where I was born and spent all of the first seven days of my life. As a lifelong Virginian however, where I live and attended schools, I straddle two communities important to me. 

As a business owner of 30 years in Washington, D.C., I pay many of my taxes and payroll taxes to the Nation’s Capital while I also pay income tax to Virginia where I’m a citizen.

Most important of all, as a gay Virginia voter, I can think of few lifelong political goals more important to me than achieving statehood for Washington, D.C. One of the compelling reasons I still make my home in Virginia and cross the Potomac River every day of my life, is because of my right as a Virginian to vote for two U.S. senators and for a member of the House of Representatives with the power to vote in Congress.

(It is still shocking to know that, with Washington, D.C. statehood still beyond grasp, the Honorable Eleanor Holmes Norton who represents D.C. in the U.S. House of Representatives, has never yet had the authority to vote on the floor of the House.)

At an early age, I was dumbfounded to know that D.C. then did not even have a local government. We lacked an elected mayor and city council, with almost all decisions for the District of Columbia made by the federal government. Yet today, even with a mayor and local government in place, it is breathtaking to know that my friends, neighbors and co-workers still have zero voice in the Capitol and no one to vote for them – and for us – in Congress.

Consider that one of the world’s most diverse and educated cities has so often been bullied by extreme conservative leaders on Capitol Hill who – whenever possible – turn back the clock for D.C. citizens on voting rights, abortion rights, gun measures and our civil rights including LGBTQ equality. Not a single voter in D.C. has much, if any, say over any of those decisions.

The absence of statehood and the lack of real voting rights means that the unforgivable strains of racism and homophobia often held sway not just for Washington D.C., but in denying the United States a true progressive majority on Capitol Hill too. 

Virginians get it. In the past decade, we’ve worked very hard in every county and city in the commonwealth to turn our regressive political past into a bright blue political majority. We have elected LGBTQ candidates to state and local offices in unprecedented numbers. Our vote is our power.

More significantly, through the work of Equality Virginia and its many allies, we are repealing scores of anti-LGBTQ measures and reforming our statutes and constitution to secure equal rights as LGBTQ voters, adoptive parents, married couples, students, and citizens. Doesn’t Washington, D.C. deserve that future?

Virginia needs more states – like D.C. – to join forces and represent all Americans. To achieve this, and to defeat or neuter the anti-democratic Senate filibuster rule, we need our friends, allies and neighbors, the citizens of Washington, D.C. to share in our democratic ambitions.

Long ago, Washington, D.C. resident, abolitionist and civil rights leader, Frederick Douglass declared that “the District is the one spot where there is no government for the people, of the people, and by the people. Washington, D.C. residents pay taxes, just like residents of Nevada, California or any other state. Washington, D.C. residents have fought and died in every American war just like residents of Ohio, Kentucky or any other state. The District deserves statehood and Congress should act to grant it.” 

Speaking for LGBTQ Virginians, we agree. Conferring statehood is not a gift nor a blessing from the rest of us, but instead, it is the absolute right of all Americans to be part of our democratic society. As LGBTQ Americans, if we are to pass the Equality Act and other fundamental civil rights measures, we need the State of Washington, D.C. and its voters by our side.

Bob Witeck is a longtime LGBTQ civil rights advocate, entrepreneur, and Virginian, with long roots and longstanding ties to D.C.

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Opinion | Representation matters: The gayest Olympics yet

From one out athlete to more than 160 in just 33 years

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OK, I really want a Tom Daley cardigan. The now gold-medal Olympian told Britain’s The Guardian that he took up crocheting during the pandemic. He even has an Instagram page dedicated to his knit creations, MadeWithLoveByTomDaley. It’s all very adorable; it’s all very Tom Daley. 

All that aside, you’d have to be practically heartless to not feel something when Tom Daley and his diving partner Matty Lee won the gold on Monday in the men’s synchronized 10-meter diving competition, placing just 1.23 points ahead of the Chinese. And then seeing him with tears in his eyes on the podium as “God Save the Queen” played. Later that week, he knitted a little bag featuring the Union Jack to hold and protect his medal. So very wholesome

Daley is certainly one of the highest profile LGBTQ athletes in these games. Besides the diver, the 2020 Summer Olympics, now in 2021 because of the pandemic, are hosting more than 160 out athletes. A record to be sure, but calling it a record does it somewhat of an injustice. The United States sent the first out athlete to the 1988 Summer Olympics, Robert Dover an equestrian rider competing in dressage. Dover remained the only out (sharing the title once in 1996 with Australian diver Craig Rogerson) for 10 years. Then, during the 2008 Summer Olympics in Beijing, the number of out athletes jumped to 15. London’s 2012 Olympics saw the number increase to 23. The 2016 Summer Olympics in Rio de Janeiro saw the number jump to 68 out athletes. And now we’re at over 160. 

So you get the trend building here. From one out athlete to more than 160. So very far, so very fast. And competing in everything from handball to sailing to golf to skateboarding. Also, noteworthy, New Zealand sent the first trans athlete, weightlifter Laurel Hubbard. These are but numbers and names, but to be sure, this sort of representation, this sort of visibility, is hugely important. Not just for athletes coming up behind them, but let’s think too of those out there, not yet even out, maybe watching in their parents’ living room. Seeing Tom Daley thank his husband, mention their son, this sort of queer normality being broadcast as if it is both groundbreaking and at the same time nothing at all — the importance of this cannot be overstated. 

On top of that, growing up gay, how many times were we all told, whether outright or simply implied, that sports were more or less off limits to us. Meant to display the peaks of gender and ability, sports were not meant for those who couldn’t fit neatly into that narrative. But it appears that that narrative is slowly becoming undone. Just look beyond the Olympics, to the wider world of sports. Earlier this summer, pro-football’s Carl Nassib came out.   

And maybe I’m just of a generation that marvels at the destruction of each and every boundary as they come down. We had so very little as far as representation back then. Now to see it all, and in so many different sports, you can’t help but to wonder what the future will hold for us; and it really delights the imagination, doesn’t it? 

It is the gayest Olympics yet. And if the trend laid out above continues, it will only get gayer as the years go on. And if it’s a barometer for anything, I think we will see a lot of things getting a bit gayer from now on.

Brock Thompson is a D.C.-based writer. He contributes regularly to the Blade.

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Opinion | Blame Mayor Bowser for violence epidemic?

In a word, ‘no,’ as the problem is nationwide

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The simple answer to the question “Does the Mayor get the blame for the violence epidemic?” is NO! This is not something that can be laid at any one person’s feet. The epidemic of gun violence is gripping the entire nation. 

The frustration and outrage I and everyone else feels are palpable. It’s frightening when you hear gunshots in your neighborhood. It makes bigger headlines when the shots fired are in neighborhoods not used to that like the recent shooting on 14th and Riggs, N.W. When the shots rang out patrons of upscale restaurants like Le Diplomate ran or ducked under their tables for cover. When shots were fired outside Nationals stadium the national media lit up to report it. The truth is we must have the same outrage every time shots are fired and people hurt or killed in any neighborhood of our city.  

Trying to lay the blame for this at the feet of the mayor, as some people on social media and in opinion and news columns in the Washington Post are doing is wrong. Some would have you believe the mayor is just sitting by and allowing the violence to happen. There are pleas “Mayor Bowser do something!” as if she could wave a magic wand and the shootings will stop. 

In a recent Washington Post column, “Bowser pressed to act after shootings,” a number of Council members are quoted including Chairman Phil Mendelson, Ward 2 member Brooke Pinto, Ward 4 member Janeese Lewis George, At-large member Anita Bonds and Ward 5 member Kenyan McDuffie. They all call for something to be done but not one of them says what they would do. It’s clear they are as frustrated and outraged as the rest of us but have no easy answers. What is clear is casting blame on the mayor and police commissioner won’t help to stop the violence and shootings. 

Again, this epidemic of violence isn’t just an issue for D.C. but a national epidemic. Recently our mayor sat beside the president at a White House meeting called to discuss what can be done about this with mayors and law enforcement officials from around the nation. No one from the president down had an answer that can make it stop right away. Many in D.C. would be surprised at the ranking of the 50 cities with the most violent crime per 100,000 residents showing D.C. with 977 violent crimes per 100,000 residents at number 27 behind cities like Rockford, Ill., Anchorage, Ala., and Milwaukee, Wisc. Crime in nearly all those cities and murder rates have gone up, in many cases dramatically, since the pandemic. 

The solution to ending gun violence is to get the guns out of the hands of those who are using them for crime but that is easy to say and much harder to do. We know ending poverty will make a difference. Giving every child a chance at a better education and ensuring real opportunities for every young person will make a difference. We must also hold people responsible for the serious crimes they commit and often courts are a system of revolving door justice where we find the same people arrested for a serious crime back on the street committing another one and the same gun used for multiple crimes.

There are anti-crime programs that might work but they need buy-in from the entire community including activists and the clergy who must work in concert with our political leadership. D.C. is funding a host of programs including ‘violence disrupters,’ job training, and  mental health and substance abuse programs. They all need more money and more support. 

In D.C., we have only 16 elected officials with real power; the Council, the mayor, the attorney general and our congressional representative. We have community leaders elected to local ANCs. When members of the council attack the mayor, some simply to make political hay for their own future election, it won’t solve any problems. 

This must be viewed as a crisis and our 16 elected leaders should sit down, agree to a series of anti-crime programs and efforts they will adequately fund, and stop attacking each other. Once they agree on the programs to fund they should bring together ANC members from across the city to a meeting at the convention center and work out a plan for what each can do to move us forward to safer neighborhoods. 

We must work together as one if we are to succeed in making life safer and better for all. 

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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