breaking news

BREAKING NEWS — Judge Dismisses Dog Mural Lawsuit

By ARLnow.com

(Updated at 4:40 p.m.) The lawsuit over the legality of a dog mural has been dismissed by a federal judge.

Kim Houghton, the owner of Wag More Dogs (2606 S. Oxford Street), sued Arlington County after zoning officials declared her store’s mural of dogs, bones and paw prints — which faces the Shirlington dog park — to be a form of commercial speech and in violation of the county’s sign ordinance. U.S. District Court Judge Leonie Brinkema dismissed the lawsuit today “with prejudice.”

Undeterred, Houghton vowed to keep fighting.

“We’re going to appeal,” she said when reached by phone at her store this afternoon. “I am disappointed, but it’s not over yet.”

In the suit, Houghton said her mural was a piece of art that was beautifying the park. She objected to the county’s suggestion that the mural could be preserved if she added the words “Welcome to Shirlington Park’s Community Canine Area.”

“I think that once against the county is just seeking to take my mural and make it into an informational sign for themselves,” she said this afternoon. “I’m hopeful that we’ll win on appeal… let the games begin, let’s see what happens.”

More from the county press release:

ARLINGTON, Va. – United States District Court Judge Leonie M. Brinkema, for Virginia’s Eastern District, today dismissed with prejudice the lawsuit brought by Wag More Dogs, an Arlington dog day care and pet grooming business, and its owner, challenging Arlington County’s sign ordinance.

“We are pleased that the judge agreed with Arlington that this issue was about advertising, and that she found the County’s sign ordinance to be fair and reasonable,” said Asst. County Attorney Carol McCoskrie.

Wag More Dogs owner Kim Houghton had filed suit against the County late last year, alleging that it had violated her First Amendment right of free speech in finding that a mural she had commissioned for an outside wall of her business violated Arlington’s sign ordinance.

Houghton had sought an injunction against the County, seeking to have the Court order the County to let Houghton remove a tarp the County had required she place over the mural.

The County argued that Houghton’s case had no merit because the County has the authority to regulate commercial signs and that Houghton had not proven that the sign ordinance discriminates based on content.

In issuing her ruling, Judge Brinkema said that the mural is a “classic form of branding and advertising,” and meets the definition of a sign. The judge found that the County’s sign ordinance is a valid, content-neutral restriction on the size of signs in the M-1 zoning district, even noting that by saying the ordinance was content-based, Wag More Dogs was “barking up the wrong tree.”

Judge Brinkema said that “even taking all of the facts alleged by plaintiff as true, plaintiff’s Complaint states no plausible First Amendment violation under governing precedent.” She dismissed the case “with prejudice,” meaning that the owner of Wag More Dogs will need to appeal the ruling if she wishes to further pursue its claim.

BREAKING NEWS — Gas-Fed Fire in Clarendon Neighborhood

By ARLnow.com

Update at 3:22 p.m. — The gas has been shut off the fire is out. Residents in the area can expect to be without natural gas for some time. Earlier:

A gas-fed fire is burning near the intersection of 12th Street and North Cleveland Street in Clarendon. Washington Gas has brought in heavy equipment in an effort to shut off the gas that’s fueling the flames.

The fire was apparently sparked after construction workers who were installing streetlights ruptured a gas line. Eight-foot high flames have been shooting up from the sidewalk since about 1:45 p.m. A construction vehicle is stranded next to the flames, but no structures are on fire.

Firefighters are on the scene spraying water on the flames to keep the vehicle’s gas tank from exploding. Police have shut down numerous streets. Firefighters have pushed the growing crowd, including Arlington Office of Emergency Management employees, farther back from the scene as a gas smell becomes more pervasive in the area.

Gas company workers, who had been trying to shut off the gas by turning ground valves, are now using a backhoe in an apparent attempt to reach a shutoff valve.

BREAKING NEWS — Motorists Still Stranded on GW Parkway, I-66

By ARLnow.com

(Updated at 11:00 p.m.) The snow has stopped falling, but hundreds of motorists are still stranded on area roads and highways.

Drivers have been stuck on the George Washington Parkway for 5-6 hours now, according to various reports from Twitter.

The fact that there are no traffic cameras along the parkway has made it difficult to see exactly what’s going on, but Twitter users are reporting that downed trees are blocking all northbound and southbound lanes.

“My mother’s been there for 6 hours,” said one user.

“Talking to friend still stuck on parkway since 4:30 PM just past CIA exit going south,” said another.

“I have a friend who has been there since 5pm. She says cops are walking up and down, people are huddling together in cars,” said yet another.

Westbound I-66, meanwhile, has been at a virtual standstill since about 7:00 p.m.

Icy conditions and numerous accidents have made the two-lane highway impassable for much of the night.

“It’s been incredibly difficult getting equipment to trouble spots due to the heavy congestion but I believe it is being cleared and traffic is slowly moving now,” said VDOT spokeswoman Joan Morris.

Currently, there’s a large backup before the Rosslyn tunnel. Traffic is moving along single file past 21st Street, with a stalled car blocking the left-hand lane.

Earlier, Virginia State Police spokeswoman Corinne Geller said the reason why it was taking so long to get traffic moving was because the traffic itself was preventing crews from treating the roadway.

“There are vehicles that are stuck, and you have to get the vehicles out of the way before you can get the snow plows through to clear the road,” Geller said. “The shoulders aren’t wide enough, there’s not enough space to get the VDOT trucks through to treat roadways. So you have to clear the road, then get the trucks through to treat it. Then, as soon as you get it treated, more cars come through, someone loses control and it starts all over again.”

Geller said Virginia State Police responded to calls for 106 disabled vehicles and 56 crashes in Northern Virginia between 5:00 and 10:00 p.m.

At one point, Geller said, a state trooper was struck and knocked over by an out-of-control car on I-66 near Glebe Road. The trooper was not hurt and remained on the job, she said.

BREAKING NEWS — Bus Service Ending Early, Standstill on I-66, Widespread Power Outages

By ARLnow.com

Update at 10:00 p.m. — Traffic started moving again on I-66 for a few minutes, but is now back at a standstill.

Update at 10:00 p.m. — There are now more than 13,400 Dominion customers without power in Arlington.

Heavy, wet snow is continuing to fall in the area, knocking down trees and power lines and grinding traffic to a halt.

As a result of road conditions, Arlington Transit has announced that it will be discontinuing ART bus service at 9:00 p.m. Meanwhile, Metrobus service will end at 9:30 p.m.

Traffic on westbound I-66 has been at a standstill from Rosslyn to Spout Run for at least one three hours. Hundreds of motorists are stranded in the snow. Many have turned off their car to save gas.

More than 10,000 Dominion customers are without power in Arlington. On Twitter, residents of nearly every Arlington zip code have reported flickering lights.

Dozens of reports of downed trees and power lines are coming in. Many are reporting transformers and trees on fire. One tree in the area of Marymount University fell on a house, but no injuries were reported.

Arlington County reports that it has 45 plows out clearing roads. Crews will be working throughout the night, the county says.

Traffic Slows to a Crawl as Snow Covers Roads

By ARLnow.com

Update at 7:25 p.m. — A downed tree has completely blocked westbound Lee Highway near HB Woodlawn. Separately, a tow truck is on the way to assist a stranded ambulance on Washington Boulevard near the Navy Annex.

Update at 7:00 p.m. — Downed power lines and falling tree limbs are being reported throughout the area. Dominion is reporting more than 1,200 customers without power in Arlington. Dominion spokeswoman Le-Ha Anderson tells WUSA 9 that it may take more time than usual to restore power due to gridlock on local streets and highways.

Update at 6:10 p.m. — Traffic is at a dead stop on westbound I-66 from the District to Spout Run.

Update at 5:40 pm. — Stranded vehicles are being reported on Glebe Road near Chain Bridge and at Washington Boulevard and I-395.

Update at 5:30 p.m. — Treacherous conditions are reported on parts of Carlin Springs Road and Patrick Henry Drive. Via a traffic camera (above) we witnessed a car slide down Carlin Springs near Route 50 and nearly strike a pole. The car was eventually able to reverse and continue on its way.

Update at 5:15 p.m. — Westbound Washington Boulevard has been shut down at Sycamore Street.

Traffic throughout the county has slowed to a crawl as roads become increasingly snow-covered and as nightfall sets in.

Southbound I-395, westbound I-66, southbound Route 1, westbound Route 50, westbound Columbia Pike, Washington Boulevard and Glebe Road are jammed.

Numerous accidents have been reported throughout the county. Numerous hills have been reported to be impassable.

Police and firefighters report being delayed responding to calls due to heavy traffic.

Emergency responders have now been instructed to put chains on their tires to improve traction.

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BREAKING NEWS — BB&T Bank Robbed in Rosslyn

By ARLnow.com

(Updated at 3:05 p.m.) An armed robbery has been reported at the BB&T Bank in Rosslyn.

Initial reports suggest two men robbed the bank, located on the 1900 block of Fort Myer Drive, around 1:40 p.m. One of the men was armed with a gun, police were told.

The men were seen fleeing from the scene. Police radio reported that the men dropped the money after a dye pack exploded in the nearby Holiday Inn parking lot.

Police set up a perimeter and used dogs to try to track the suspects. So far, the suspects remain at large.

As commenters have pointed out, the BB&T Bank branch robbed today was also robbed in 2008.

VDOT Preparing for “Very Difficult Rush Hour”

By ARLnow.com

By 3:00 this afternoon, VDOT expects to have 2,000 trucks helping to keep Northern Virginia roads clear of snow. Still, the agency is bracing for “rapidly deteriorating weather conditions” and warning of a “very difficult rush hour.”

VDOT started pre-treating bridges and ramps and other trouble spots on state roads and highways yesterday, according to spokeswoman Joan Morris. Spots on I-66, I-95, I-395 and I-495 were treated with liquid magnesium chloride, while parts of major roads like Route 50 and Route 1 were pre-treated with salt brine.

Now, crews are in position to tackle snow that’s expected to fall at a rate of 1″ to 2″ an hour later this afternoon.

“Treatment trucks and plows are pre-positioning along interstates, major roads and in subdivisions throughout Arlington, Fairfax, Loudoun and Prince William counties for quick response,” VDOT said in a statement.

The agency is asking Northern Virginia drivers to stay off the roads tonight, if at all possible.

“The Virginia Department of Transportation urges motorists to plan ahead for their evening commutes, and to limit travel after 4 p.m. today,” VDOT said. “If motorists must travel, they are encouraged to check current weather, road conditions and traffic cameras before traveling by visiting www.511Virginia.org or by calling 511.”

VDOT also issued the following winter driving tips:

  • Ensure that your vehicle is winter-ready.
  • Slow down, and keep a five-second distance or more behind other vehicles. Do no pass trucks applying chemicals unless absolutely necessary.
  • Be aware of areas prone to freezing such as ramps and bridges.
  • When driving on ice, do not slam on brakes. Turn gently and slowly.
  • Keep an emergency winter kit in your car.
  • Always wear your seatbelt.

Phil Keating, Lawyer and Business Champion, Dies at 51

By ARLnow.com

(Updated at 3:40 p.m.) Phil Keating, a prominent figure in Arlington civic life, died suddenly last night at the age of 51.

Keating, an attorney with the Arlington firm of Bean, Kinney & Korman, just finished his term as the 2010 chairman of the Arlington Chamber of Commerce.

A New Jersey native, Keating earned his B.A. from Rutgers. He received his J.D., with honors, from George Washington University.

As an attorney, Keating represented business clients from individual entrepreneurs to large multi-national companies.

“He was just one of the best people you know,” said Leo Fisher, a managing partner at Bean, Kinney & Korman. “He was a very positive person, he had a great sense of humor… it was a pleasure to work with him.”

“We are absolutely stunned in disbelief,” said Takis Karantonis, director of the Columbia Pike Revitalization Organization, who worked with Keating on business issues related to the Pike. “This is a real loss for our community… he was a real civic champion.”

In addition to his work with the Chamber, Keating was a member of Arlington County’s Community Energy and Sustainability Task Force.

“It’s a little surreal that he’s not here today,” said 2010 county board chairman Jay Fisette, who ran in to Keating while eating lunch at a restaurant in Courthouse yesterday. “Our chairmanships coincided, and I got a chance to know him pretty well… He was very committed to the community as a whole, and that was reflected in his life and in his interactions.”

“Phil was filled with humor and compassion, and was a consensus-builder,” said Sun Gazette Managing Editor Scott McCaffrey, who worked with Keating as a member of the Chamber’s Executive Committee. “[He] used his year as chairman to push the Chamber of Commerce to continue as an engaged partner in government and economic affairs in Arlington and the region.”

Keating was married with three children, including a daughter who recently graduated from college, a son who’s an undergraduate at UVA and a daughter who’s a junior in high school.

Property Values Rebound in Arlington

By ARLnow.com

Overall property values increased 6.3 percent during Arlington’s latest round of real estate assessments, which will be mailed to homeowners and released on the internet later today.

The increase is expected to bring in an addition $30 million in tax revenue for the county, which should help to offset this year’s estimated $25 million budget gap. The county budget office was originally expecting an approximately 1 percent increase in property values.

“It certainly… makes it easier for us to balance the budget,” said Michelle Cowan, Director of the Dept. of Management and Finance, who added that stepped-up commercial lending and property sales helped to drive the increase. “We consider ourselves very fortunate.”

However, Cowan cautioned that continued expenditure pressures — like rising health care, benefit and retirement costs — could still make the upcoming budget process challenging. She also said that other county revenue sources, like sales taxes, are unlikely to post significant increases.

The rise in property values is primarily due to strength in Arlington commercial real estate sector. Commercial assessments were up 12 percent, led by a 22 percent increase in hotel assessments and a 15 percent increase in office assessments. Apartment assessments were up between 8 and 9 percent, Cowan said.

Residential assessments, including single family homes, condos and townhouses, increased 1.4 percent this year. The average home in Arlington is now worth $510,200, up from $503,200 last year. The average property tax bill will now be $4,888, up $67 compared to last year.

Homeowners can appeal their assessments here.

Overall assessments were down 7.2 percent in 2010. Residential values were down 3.25 percent last year and commercial values declined 12.7 percent. County budget personnel say this year’s increase will put property values in the county “close to break-even” compared to two years ago.

County Manager Barbara Donnellan will present her proposed budget to the county board in February. The board will then hold public hearings in March, followed by budget adoption in April.

No word yet on how rising property tax revenues may affect Donnellan’s initial pledge to bolster this year’s budget with spending cuts and revenue increases.

Workers Injured from Fall at Ballston Construction Site

By ARLnow.com

(Updated at 12:40 p.m.) Two workers have been injured after reportedly falling 10-15 feet at the Founders Square construction site in Ballston.

Initial reports suggested the workers were conscious and responsive, suffering from shoulder, neck and back injuries. They were transported via ambulance to a local hospital. The injuries are said to be non-life threatening.

Representatives from Virginia’s occupational safety agency are on the way to the scene to investigate the incident.

The construction site is located on the 600 block of North Randolph Street, across from Ballston Common Mall.

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BREAKING NEWS — Car Explodes in Penrose

By ARLnow.com

(Updated at 11:20 a.m.) A white BMW exploded around 8:15 a.m. this morning in the Penrose neighborhood. Police say they believe the blast was accidental.

The explosion happened on 9th Street South between Veitch Street and Courthouse Road. No one was hurt, according to fire department spokesperson Lt. Ed Hughes.

“It appears to be an accident,” said police spokesperson Det. Crystal Nosal. “Nothing at this point leads us to believe it’s intentional.”

The car was parked in front of a single family home, but in proximity of two large apartment complexes: Dorchester Towers and 2121 Columbia Pike Apartments. It is three to four blocks away from the high-security headquarters of the Defense Information Systems Agency.

A witness who lives in Dorchester Towers says heavily-armed police apprehended an approximately 18-year-old male on the fifth floor of the building. So far, authorities are emphatic in their description of the man — who was led away in handcuffs around 10:15 a.m. — as a “person of interest” and not a “suspect.” Witnesses say the man was seen running from the scene of the explosion.

Police say the man and two other witnesses are being questioned, but are not currently “in custody,” as earlier reported. Det. Nosal said she believes the people seen fleeing the scene were merely “running away from an explosion.”

WTOP’s Neal Augenstein is reporting that an acetylene torch had been stored in the back of the car. A police source has also told ARLnow.com that the car belonged to a worker who had an acetylene tank, used for welding, in the trunk.

A member of the bomb squad is currently examining the car for signs of other explosive materials. Arlington police and firefighters have also cordoned off the parking lot in front of Dorchester Towers. Earlier, a robot and bomb dogs searched 9th Street and did not find any other explosives.

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