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January 17, 2001

No National News

Dear Washingtonians:

As you know, themail shuns national news, much less international news. Except for the very few times a year that their actions affect daily life in the District, what Clinton did and what Bush may do just aren't important enough to be reported here. We're like the old-fashioned small-town newspaper, in which the lead story on the front page is the high school graduation ceremony or the opening of the new strip mall out on the highway -- the things that are really important in our lives. So, as the attention of the rest of the nation is focused on Washington's confirmation hearings and inaugural ceremonies, let's get down to the real business. How are things going on your block? And what are those silo-like things on North Capitol Street?

Gary Imhoff
themail@dcwatch.com

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Jury Duty
Victor Chudowsky, vchudows@meridian.org

A lot of people I know in DC really moan and complain about constantly being called for jury duty; I guess because of the size of our pool people get called about once every two or three years. I got called for the first time, and like going to get my driver's license, or getting a permit to build my fence, I was expecting an unpleasant experience. Most of my interaction with the DC government tends to take on a rather negative character.

I am happy to report that jury duty is great, and people here should stop complaining so much about it. I was really impressed with how the staff at Moultrie courthouse undertakes the massive task of dividing hundreds of people daily into juries for civil and criminal trials. The staff is very friendly and helpful, many even smile. The system seems to be fairly efficient, and I did not spend a huge amount of time waiting. But even if you do have to wait, the area to wait in is comfortable, with TV monitors showing CNN. They also show you an informative and entertaining video with actors explaining what will happen to you that day. I have served on juries in other states, and I must say that my experience here was the best. Everyone was totally professional.

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ABC Legislative Overhaul
Marika Torok, Mt. Pleasant Neighborhood Alliance, marika_torok@msn.com

No one in themail has said much about the ABC legislative overhaul that was passed by the City Council and now sitting in front of the Mayor. The Mt. Pleasant Neighborhood Alliance has sent the following letter to the Mayor and the City Council members:

On behalf of the Mount Pleasant Neighborhood Alliance, I would like to express our dismay and disappointment of the proposed ABC Bill. We urge you to veto it. We urge you to reinstate the moratorium on strip clubs immediately. We believe that the city which has made strides in improving the quality of life for its citizens will be taking several giant and dangerous steps backwards by lifting the moratorium. We do not want to see strip clubs opening in our neighborhoods of the city. Already you have Scores, allegedly linked to organized crime, looking to open in our city. We do not need Scores or anything like it. We do not need to add to crime we already have in our city. These establishments do not bring a positive economic and social impact on our neighborhoods. You will bring our city down after all we have tried to do to make it a viable place to live and work. You will drive many people out of city once again to the suburbs.

We also urge you to put back the moratorium on sales of single containers of alcohol into the ABC legislation. The residents in Mt. Pleasant have fought very hard to institute a ban on the sales of singles. We have practically done so, with 6 out of 8 Class "B" licensed establishments having agreed in writing not to sell singles. We are still working to convince the other 2 establishments to also comply with the ban. Already we have seen positive changes in our neighborhood. We have much less public drinking. We strongly believe that a ban on single containers will greatly improve the quality of life in all the communities of our city. Please come to Mt. Pleasant or talk to us to see how this is already working here. If you truly want the city to improve its image and to improve the quality of life for its residents, you will stand strong for these two moratoriums. We will be greatly disappointed if you do otherwise.

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No Papering
Frank Method, fmethod@erols.com

The fact that the DC School System can be forced to make someone with a long list of no-papered and non-prosecuted charges eligible for employment is of course quite outrageous. However, it is another cheap shot at the school system. The proper focus of outrage should be on the litigious environment that enables individuals to force such eligibility. I don't know the details of this individual, or the department that issued the letter. It appears to be a very carefully drafted letter, most likely by a lawyer or someone with legal counsel, responding to a situation in which they are forced to reinstate the individual despite their better judgment. Having written the letter, they (or someone close to the decision) promptly leaked it. Outrage is appropriate, but not against the civil servants in DCPS who had no legal choice under the laws and litigious culture in which they must function. I would bet that behind this letter is a very angry DCPS employee who knows very well that this is wrong, but had no choice before the law. N.B., it is not clear that the individual was re-employed. This reads as a statement that they are legally eligible to reapply, but no promises or commitment.

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Statehood without State Functions: Montana, Washington, Dakotas
Timothy Cooper, Worldright@aol.com

On the continuing issue of statehood without state functions, Judy Austin of the Idaho Historical Society also claims that in 1889 — the year prior to the admission of Idaho and Wyoming — the vast western territories of Washington, Montana, and the Dakotas were granted statehood, and that all of them were economically self-sufficient. For example, Montana’s Gov. Joseph K. Toole, when testifying before Congress in support of Montana’s statehood admission, boasted of the territory’s economic prowess, while listing a litany of complaints about territorial life under the thumb of the federal government (reminiscent of DC’s own laundry list of special grievances).

“We are twenty-four years old, out of debt, of sound integrity, and good citizens,” he proclaimed. “Like a child grown beyond the capacity of its garments, our pride is wounded and we are restive under the promise of more suitable habiliments.” Detailing a battery of territorial accomplishments, the governor also claimed that in 1888 Montana had 4,547 homestead entries comprised of over 678,000 acres; that property assessments were valued at over $69,000,000, up from $24,000,000 in 1881 (This figure did not include valuation of mining properties, which at the time were tax-exempt. ); that 17,000,000 acres of land were granted by the territory to the Northern Pacific Railroad; that exports from minerals, livestock and farm products amounted to $57,000,000; that the output of gold, silver and copper were valued at $40,000,000; that over 2,000 miles of railroad had already been constructed, with more construction anticipated; and that mail was delivered to 306 towns and cities throughout the territory. In other words, Montana, like Idaho and Wyoming, Washington, and the Dakotas, was no stepchild of the federal government.

Again, while the District considers the road ahead to statehood, it must also grapple with the burden of retaining its state functions to make the transition from quasi-territorial status to state.

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Muddy Waters in D.C.
Mark Richards, Dupont East, mark@bisconti.com  

Last night, WAMU held a debate either on “Taxation without Representation” or “D.C. voting rights and statehood” for an upcoming national segment on “Justice Talking.” Margot Adler was a good host. The Mayor opened the debate and did a good job making the case and giving a few examples of why D.C. needs equal political rights — he is becoming more articulate on this issue. And there was a good introductory piece for context. After, Adam Kurland from Howard University (http://www.law.howard.edu/faculty/pages/akurland/) debated Jamie Raskin from American University (http://www.wcl.american.edu/www.wcl.american.edu/pub/faculty/raskin/cv.html). I found the debate confusing. I never entirely figured out what the specific question was, or the answer (maybe it was just me). Maybe this will be addressed in the editing room. At first I thought the question was whether D.C. should have equal Congressional voting rights and/or statehood, but then it seemed to be about the legal theory of Alexander vs. Daly — whether Congress has the right to grant D.C. voting rights without becoming a state or passing an Amendment. (There was no mention of Adams vs. Clinton. And there was no mention of Tim Cooper's idea of passing an amendment that would include republican forms of local self-government along with equal voting rights.)

Raskin suggested that D.C. citizens should be exempted from federal taxes if they are not represented, to put pressure on Congress to do something. Kurland said he didn't see anything wrong with that, but thought the issues were separate — as a tax free zone D.C. would simply attract those who don't want to pay federal taxes, and don't care about being represented. Raskin said the lawsuit had lost and now the issue is political. He suggested that the nation pass a voting rights amendment for ALL U.S. citizens (I assume that includes D.C. and the Territories), but didn't explain the logic of how this will help D.C. get equal voting rights in Congress and a republican form of local self-government. Kurland seemed to think we should try to pass an amendment for D.C. voting rights in the House only, and kept focusing on the point that D.C. has to make its case for whatever it wants to the U.S. public. Raskin said that whatever case D.C. tries to make, Kurland opposes it. In any case, this debate will not clarify the issue for most Americans, and I guess I felt the event just muddied the waters even more. D.C. sure can't sing on key, much less as a group. I feel confident that the fissures within the local democracy movement will undermine D.C.'s ability to move beyond the status quo. That has been a primary reason D.C. has failed for 200 years — besides the fact that those with power prefer the status quo. Where is it that D.C. people who care about this issue come together — across their separate ideologies, classes, and identities — to lay down their egos for five minutes, and develop common agreed upon principles, methods, roles, and strategies? There is no such place. Maybe that idea is utopian. I guess everyone is searching for answers. But I fear D.C. is not ready to go national with this issue.

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Reply to Larry Seftor
Captain James O. Crane, Fifth District MPDC, captcrane@netscape.net

I appreciate your posting to themail. Throughout my career I tried to speak with jurors after trials in order to understand their perceptions and improve what I brought into the court system.

In reference to the test [for using a gun], it is commonly known as the "paraffin" test. One reason it was discontinued was that a positive reaction will be present for people who did not fire a gun but were around certain types of equipment. I am disappointed that this was not explained to the jury, as a memorandum with the pertinent legal decisions attached was distributed to our members including the evidence technicians. It was also cc'd to the prosecutors under our Community Prosecution relationship. The good news is that a new test is being developed in which a special tape is wrapped around the suspect's hand, then analyzed for the percentage/chance of that hand's firing a gun. It is not being used by MPDC yet. There are also 4th Amendment issues concerning a procedure to a person's hand without their permission or a court order.

In regards to the testimony problems, I messed up in a homicide trial when an aerial photo was put in front of me. The problem was that the prosecutor had talked about my testimony but not mentioned the photo so I had no preparation and could not find a reference point for the streets or homes involved in the case. In another case, a co-worker on midnight shift was napping in a witness room and rushed to the witness stand. She was so groggy that the defense made representation that she was a crack head. The judge ordered her sergeant to give her the next night off so she could get some rest and the next day's testimony was better. In cases like the one you mentioned, the prosecutor will let a supervisor or our Court Liaison Division know if an officer needs more training on testimony or trial prep.

I hope your next juror experience gives you a better perception of MPDC. Too many people try to avoid jury duty, and it is a very important part of the process.

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Dumping on the Mayor and his Scorecards
Len Sullivan, lsnarpac@bellatlantic.net

I am surprised by how quick some of themail's regulars have been to disparage the mayor's efforts to hold his bureaucrats accountable for their performance. I for one think the mayor is doing a very creditable job under very trying circumstances. Many of the city's easier problems are well on the way to lasting solutions. At the same time, the mayor has not turned his back on the far tougher problems of completely rebuilding a deeply entrenched, largely dysfunctional, partially unionized, civil service protected, racially defensive bureaucracy. Those who offer glib solutions have clearly never been on the firing line — to coin a phrase.

This basic quantitative process must evolve over the mayor's remaining six years in three different ways. First, as the senior staff becomes more professional, the content of the scorecards must become more sophisticated as well. Second, those whose scorecards show the least progress must be obliged by the mayor to find other work. Third, the hip-shooters in the gallery should learn how to grade scorecards: the mayor certainly does not deserve a failing grade for "meeting or exceeding" 67 of his 98 goals. You parents and ex-students should look at it this way: the goals surely were not just to "pass" all 98 tests, but to get A s on them. Under this challenge, the mayor s team earned 42 A+ s; 25 A s; 14 B s; 7 D s; and 10 F s. That averages out to between an A- and a B+, and that grade feels about right to me. The nation's capital city is well on the way to becoming a better place.

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What Are Those Things?
Lois Kirkpatrick, lois.kirkpatrick@co.fairfax.va.us

Driving to the Washington Hospital Center several times this weekend, I noticed a strange sight near the intersection of North Capitol and Michigan Avenue: two rows of short, brick, silo-like structures in a field. They looked abandoned. What are these things? Are they still in use? My husband commented that they looked like a great setting for a movie scene. A very, very, scary scene.

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January 2001 InTowner
Peter Wolfe, intowner@intowner.com

This is to let you know that the January, 2001 on-line edition has been uploaded and may be accessed at http://www.intowner.com. Included are the community news stories, crime reports, editorials (including prior months' archived), restaurant reviews (prior months' also archived), and the text from the ever-popular “Scenes from the Past” feature. Also included are all current classified ads. The next issue will publish on February 9, and the web site will be updated within a few days following.

To read the lead stories, simply click the link on the home page to the following headlines: Police Infiltrate Private Gathering of Inauguration Protesters in Adams Morgan; JR's Expansion Bid Unexpectedly OK'd, ANC Election Results Seen as Factor; Preservationists Honor Suzanne Ganschinietz for Long and Distinguished Public Service.

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CLASSIFIEDS — EVENTS

Wards 3 and 4 Democrats
Linda Finkel-Talvadkar, talvadkar@aol.com

The Ward Four and Ward Three Democratic Committees will meet on Tuesday, January 16, at 7:30 p.m., at the People’s Congregation Church, 4704 13th Street, NW (Eight blocks south of Military Road, NW). Mayor Anthony Williams will address the joint session, and At-Large Councilmembers Harold Brazil and Phil Mendelson, Ward Four Councilmember Adrian Fenty, and District Two School Board member Dwight Singleton will participate in a panel discussion highlighting education, the environment and Rock Creek Park, telecommunications towers, controlling neighborhood development, transportation, and redistricting. Statements from Ward Three Councilmember Kathy Patterson and School Board President Peggy Cooper Cafritz will be read. The meeting is open to the public.

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Join the Call for Electoral Reform
Amy Quinn, a-quinn@mindspring.com

The Progressive Challenge: An Action Agenda for Electoral Reform, Hart Senate Office Building, room 902, January 19, 10 a.m. - 5:30 p.m.. In the wake of a turbulent 2000 election season, Members of Congress, Civil Rights leaders, and grassroots organizations will gather on Capitol Hill on January 19, to forge a long-term strategy for changing the electoral system in the United States.

Featured speakers include the Rev. Walter Fauntroy of the Black Leadership Roundtable; Lani Guinier of Harvard University; Ron Daniels of the Center for Constitutional Rights; and co-convening members of Congress including Barbara Lee (D-CA), Bernie Sanders (D-VT), Eleanor Holmes Norton (D-DC), Dennis Kucinich (D-OH), and Cynthia McKinney (D-GA). The forum is sponsored by: The Institute for Policy Studies’ Progressive Challenge Network; The Center for Voting and Democracy; and the Nation Institute in conjunction with some Members of the Congressional Progressive Caucus.

The Progressive Challenge, based at the Institute for Policy Studies, is a 270-member coalition that has been organizing around a multi-issue Fairness Agenda for America since its inception in 1997. The project works to strengthen ties between members of the Congressional Progressive Caucus and grassroots organizations across the nation.

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CLASSIFIEDS — RECOMMENDATIONS

Antique Chair Repair
Sarah Eilers, sarah@dchome.com

Can anybody recommend someone careful and reliable to repair antique chairs? I have a few chairs that need legs re-glued, as well as some minor upholstery work. Please E-mail me at the above address.

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CLASSIFIEDS — CITY PAPER PREVIEW
Dave Nuttycombe, webmeister@washcp.com

MICE, MEN, OR WHATEVER: The D.C. Council can't decide whether it wants to be Puddy Tat or Mighty Mouse. In one case, it's toothless and succumbs to a naked canard while pretending to protect the will of the people; in the other, it sports a red cape and puffed chest and shouts, “Damn the people!”
This latest, and most distressing, instance of split personality is on display in the form of two issues: nude dancing and term limits. Councilmembers should remember the last elected official, the late Arkansas Rep. Wilbur Mills, to become entangled with nude dancing — more accurately, nude-dancer Fanne Foxe — essentially term-limited himself.
Read the entire Loose Lips column here: http://www.washingtoncitypaper.com/lips/lips.html

From washingtoncitypaper.com's CITY LIGHTS page, here are a few early warnings for upcoming events:
SUNDAY: Will Durst, Lewis Black, Jim Morris, and Al Gore's college pal Bob Somerby perform at the Hotline Comedy Concert for Children's Hospital, at the Warner Theater, 13th & E Sts. NW. $30.
MONDAY: George Soros will discuss his latest book, Open Society: Reforming Global Capitalism, at 6:30 p.m. at the Library of Congress' Madison Building, Mumford Room, 101 Independence Ave. SE. Free
More details and more critics' picks are available online at http://www.washingtoncitypaper.com/pix/pix.html

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