Fair Process Requires Strict Adherence to Facts

In this column, I express no opinion on whether Excello's Class A license should be transferred to N-A-Minit. I write only to comment on the role which we, as D.C. citizens and neighbors of N-A-Minit, play in the licensing process and our resulting duty to be meticulous and thorough in our presentation of that facts.

The Lees own property in our neighborhood and thus have a right that we all enjoy as property owners: the right to use their property as they wish. This right, of course, is not absolute. All of us must use our property so as not to impede others in the use of theirs. Further, our local government has rightly determined that some property uses—the sale of alcohol, for example—have significant and recurring risks of harm to others.

The government has therefore set up an administrative body, the Alcoholic Beverage Regulation Administration (ABRA), to decide whether property owners may sell alcohol. ABRA's decision in each case turns wholly on the specific facts of each situation, such as whether the sale of alcohol contributes to crime, littering, or other nuisances. In determining whether the sale of liquor is a nuisance in a particular instance,

ABRA relies on two sources of information: its own investigation of the store and testimony provided by members of the local community. Thus, each of us who reports information to ABRA is playing a central role in a very important judicial process, i.e., a process that determines whether a property owner's presumptive right to enjoy his/her property should be curtailed.

This is no small matter, in my opinion. And thus, if we are reckless, loose, or even negligent in our characterizations of the what is happening in our neighborhood, we deprive N-A-Minit of their right to a fair process.

Here is an example of what I believe to be an unfair characterization. In last week's Corner Forum, in a column on the front page, Commissioner Jessica Ward stated forcefully (with double exclamation points, no less) that "we certainly do not want gang wars to continue on 13th Street NE!!" From my experience of living approximately 50-75 yards from N-A-Minit for the past three years, and walking through neighborhood routinely and year round, this assertion is pure hyperbole. There are no "gang wars" going on at 13th and E St. NE.

I'm not saying there is no crime, or that there are no crowds of youth that are sometimes noisy and rowdy. I am only saying that it would be, in my opinion, a miscarriage of fairness for someone to report to ABRA that "gang wars" are taking place outside N-A-Minit. I certainly hope that, if our Commissioner presents her position to ABRA, it is a more exact and less reckless presentation than what appeared in our paper.

In comparison, I wish to commend Commissioner Michael Musante for taking a position I feel demonstrates a commitment to a fair process. In last week's paper, he stated "I, as an official protestant who represents a number of individuals and official representative of ANC6A in the [Excello renewal protest], want to make sure that the facts of the situation are presented in a fair and honest manner." Commissioner Musante continued: "After the facts, and I want to emphasize the word `facts,' are presented to the community, how it decides to proceed is how I will act with regard to this matter." In my mind, this is the right approach, that is, a focus on the exact and specific facts.

Another of our neighbors, by pointing out some specific problems that N-A-Minit allegedly causes, made some useful contributions to this discussion in last week's Corner Forum. Chad Priest explained that "What we really want, it seems, is for people to stop urinating on our houses, to stop dealing drugs outside the stores and to stop parking in such a way that you can make a right turn out of Duncan Place for fear of your life." These are all valid and important concerns. However, I still feel it is important to be more assiduous in our presentation of the facts.

For instance, how rampant is the urinating on houses? I have no doubt that it is occurring to some degree, and agree with my neighbors that it is wholly improper, but from Mr. Priest's statement (which I recognize, of course, is just an article in our paper and not a sworn statement to ABRA), one gets the feeling that all of us are dealing with routine urination on our houses. In my experience, this is certainly not the case. I do not pretend to be omniscient, however. If my neighbors have witnessed otherwise, and public urination is fact repeated and pervasive throughout the neighborhood, then I respect their position and urge them to share their specific knowledge with ABRA during the decision process.

My point, in the end, has nothing to do with whether urination is rampant or not, but only concerns our duty to the Lees (who are legitimate tax-paying property owners like us) to be scrupulous and exact in our presentation of the facts.

Finally, if the Corner Forum columns of recent are any indication (and I suspect that despite Mr. Borbely's diligent efforts, the columns only represent a small minority of those who either use or are exposed to the N-A-Minit store), many in our neighborhood wish for a cleaner and better store of some type. I feel this is an entirely legitimate goal, and one that should be actively pursued by those interested. I do worry, however, that the zest to establish a better store may, without the proper diligence, begin to affect the presentation of facts regarding the current store.

No matter how superior some of us may find a Starbucks (to use the cliché store), the Lees have a legitimate right to use their property as long as they obey the applicable laws. In other words, the question before us and ABRA at this stage of the process is not whether a Starbucks would be better for the community than N-A-Minit, but ONLY whether N-A-Minit causes excessive and unfair harm to our community.

Once this issue is resolved (whether in favor or against N-A-Minit), those desiring a different store—whether a cleaners, a coffee shop, or even a store dedicated entirely to hard liquor and cigarettes—are free to approach the Lees with an offer to purchase their property, or with proposals for a variety of creative joint development ideas. For now however, while ABRA is in the midst of its fact-finding process, we are bound by rules of fairness and decency to testify only as to the specific facts that we personally know about our neighborhood. §