controversy

Views at Clarendon Lawsuit Dismissed, Again

By ARLnow.com

A lawsuit to block an affordable housing deal between the state, the county, a developer and a Clarendon church has been dismissed by a federal appeals court.

In 2004, the county gave its blessing to a plan that would build an eight story affordable apartment complex, known as The Views at Clarendon, on top of the First Baptist Church of Clarendon. The plan was touted for its ability to increase the affordable housing stock in Clarendon while paying for the construction of a new church sanctuary.

The developer would buy property from the church, thus supporting the sanctuary construction, and then pay for the apartment building’s construction with the help of nearly $50 million in loans and tax breaks from the county, the state and the federal government.

After considerable neighborhood outrage and two legal challenges to the building’s imposing design failed to stop the development, Clarendon resident Peter Glassman filed suit in Nov. 2009, accusing Arlington County and the Virginia Housing Development Authority of violating the First Amendment separation of church and state by facilitating the development and providing subsidies to the church.

A U.S. District Court judge dismissed the case in April. Glassman appealed, and in the latest development, the appeal was rejected on Thursday.

In his decision, Fourth Circuit Court appeals judge Paul Niemeyer agreed with the lower court’s findings.

“We can find no factual allegations that support a claim that the County sought to advance the First Baptist Church’s faith, to spread the message of the First Baptist Church, or to become entangled in its religious affairs,” Niemeyer wrote. “Rather, the County’s only interest was to accomplish the secular end of having affordable housing constructed in a highly urban area of Arlington County.”

No word yet on whether any further legal action by Glassman may be forthcoming. Meanwhile, construction of The Views at Clarendon has been progressing steadily.

Update at 4:30 p.m. — The county has released a press release about the case. Here’s an excerpt, after the jump.

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Nazi Flyers Popping Up in Arlington

By ARLnow.com

An anonymous tipster alerts us to a wave of Nazi propaganda left on the doorsteps of houses in an (as yet unnamed) Arlington neighborhood.

According to messages on the (as yet unnamed) neighborhood listserve, the flyers are similar, if not identical to these leaflets that were distributed on Metro in 2006.

Last week I came home to find a 2 page flyer (yellow and cream colored) stuck in my door. The sponsoring “groups” are “New Order” (with a swastika in the center of the “O”) and “White Workers Emergency Action (WWEA)”. Both of these groups use PO boxes in Milwaukee,WI, and require you to send a $1 to them for more information. The basic message of these hate filled flyers was to support “White pride” and to end “RaZism” The messages were quite disturbing to me – as was seeing a swastika front and center. I’ve spoken to a few people, but they didn’t receive them (or notice them) – just wondering if anyone else did – and to find out if there’s anything we can/should do about this. I’m no lawyer, but I do know they have a right to express their opinions – but is it lawful to solicit this way?

Another listserve missive recalled the days when Arlington was the home of the American Nazi Party.

Remember that George Lincoln Rockwell, the paragon of these goofballs, had his HQ in [Clarendon-Courthouse], just above the Java Shack (it wasn’t the Java Shack then), and was assassinated on Wilson Blvd. coming out of the Econowash.

We think the unnamed neighborhood in question is either Virginia Square or Douglas Park — if someone could please confirm that in the comments, we’ll update the story.

Update at 2:00 p.m. — The same flyer has apparently been randomly distributed in various parts of Arlington over the years. One local resident says the leaflet was left on the doors of homes in the Westover / Highland Park neighborhood in June.

American Flatbread Closing

By ARLnow.com

Washington restaurant maven Don Rockwell is reporting via Twitter that American Flatbread in Clarendon will be closing for good on Christmas Eve.

In an article about the pizza restaurant published earlier today, Rockwell discussed the lack of customers at Flatbread, which sits two blocks away from Clarendon’s main Wilson Boulevard drag.

American Flatbread is too honorable for the Clarendon neighborhood, quite frankly.  They walk the walk when it comes to honoring sustainable agriculture, local farming, and quality ingredients.  Unfortunately, without a critical mass of customers, American Flatbread itself may not be sustainable.

Flatbread suffered a major setback this summer when the county board denied its request to open an outdoor dining patio (limited sidewalk seating was approved instead).

Reached by phone this evening, owner Scott Vasko refused to confirm or deny Rockwell’s reporting.

Update at 5:30 p.m. — Vasko sent the following email to customers tonight:

Dear Friends & Loyal Guests,

It is with a heavy, heavy heart that I need to let you know that we will be ceasing operations at American Flatbread Clarendon Hearth as of Christmas Eve. The forced closing is the result of a number of factors including, but not limited to: severe issues with the environmental system, the dramatic loss of business from the outdoor seating debacle, and; a poor relationship with a very adversarial landlord.

Unfortunately, we do not have any options. The landlord has forced us out. The fact that they are doing it before Christmas – gives you an idea of what it’s been like to deal with them. We are hoping to get the word out quickly so we can go out with a bang. We are hoping to generate as much revenue for the staff as possible before we close – starting tonight! So please come out and send us out BIG! We plan on maintaining regular hours until we close next Friday. So, please come out to say good-bye, share some stories, share a laugh and share a tear, and a drink or…

Thank you for loyal support.

Janice, Evan, and I are deeply appreciative.

Hat tip to EatMore DrinkMore

Morning Notes

By ARLnow.com

Winter Weather Advisory in Effect — Expect 1-2 inches of snow today, says the National Weather Service. The flakes should start falling between 9:00 and 11:00 a.m. The advisory is in effect until 9:00 p.m. More from Weather.com.

John Boehner Likes Guapo’s — House Minority Leader John Boehner (R-Ohio) apparently enjoys drowning his sorrows at the Guapo’s in Shirlington. Boehner, who famously called the Bush administration’s immigration reform bill a “piece of s—,” reportedly dined at the Mexican restaurant on Tuesday. It was his second visit in a month, according to Shirlington Village Blogspot,

Arlington Sign Ordinance Update to Start in January — County officials will begin the process of updating the county’s 60-year-old sign ordinance in January. The ordinance has attracted considerable controversy this year, including a high-profile lawsuit from one business owner. More from TBD and the Sun Gazette.

Free WiFi coming to DCA, IAD — Reagan National and Dulles airports will both be offering free wireless internet service as soon as this spring. More from the Washington Examiner.

Flickr pool photo by Chris Rief

Towing Drama Outside Ray’s Hell Burger

By ARLnow.com

Just in case you’re not sick of towing stories yet, here’s one we happened to catch while checking out the new Michael Landrum seafood restaurant (update: lots of people coming and going from the brown-papered doors, but still no returned calls from Landrum).

Across the street from the new restaurant, an Advanced tow truck and a guy in a Mercedes were locked in a towing stalemate in the parking lot of the shopping center that houses Ray’s Hell Burger. In one corner, the tow truck and its crew of two had the Mercedes in its steely grips. In the other corner, the Mercedes driver was laying on the horn and refusing to get out of the car.

Ten minutes into the struggle, an Arlington police officer showed up and mediated. After some discussion, he allowed the tow truck to haul the Benz off to the Advanced impound lot.

The driver, who would only give his first name of Abe, was left fuming.

“Now I have to find a way to get to my bank to get cash, to get to the lot to have my car returned, then I would probably have to take a day off to go to court to sue them if I want justice,” Abe said. “They’re crooks because the car was not parked illegally and they’re getting away with it… we have no recourse, the police seem to be working against us, not with us.”

Abe explains that he was at the shopping center to drop off four boxes at a package center for a friend. He circled the crowded lot several times before deciding to park behind a couple of parked cars. He left a friend outside to make sure no one needed him to move his car.

Within two minutes, he said, the tow truck arrived. He somehow managed to get in his car while it was being hooked up, which prevented the towers from going anywhere, for safety reasons. The ten minute standoff then ensued, with the horn blaring, a small crowd watching and a number of people in parked cars blocked from leaving.

Abe says he wasn’t offered the chance to pay a drop fee (usually $25), but two witnesses we talked to told a different story. They said the driver was offered the chance to pay a drop fee, but started cursing and becoming belligerent instead, at which point the tow crew retreated to their truck and waited for police to arrive.

In a poll conducted yesterday, 55 percent of ARLnow.com readers said that the right of property owners to tow illegally-parked cars outweighs any need for more stringent predatory towing laws.

Moran and Murray Supporters Trade Accusations

By ARLnow.com

Did a Patrick Murray campaign volunteer get up in the face Rep. Jim Moran at the Huntington Metro station early this morning, as a Democratic source tells us?

Or did Moran and his son go “ballistic” and direct a “profane tirade” at the volunteer, as the Murray for Congress blog says?

Or, perhaps, both?

With precious few hours left until the polls open tomorrow morning, a shadow of political ugliness has enveloped the 8th District.

Murray first made the accusation against Moran on the Chris Plante radio show on 630 WMAL this morning. Since then, the campaign says a supporter has offered a $1,000 reward “to anyone who can provide video of the incident by 5:00 p.m. tonight.”

Meanwhile, the Moran campaign is firing back.

“For someone that claims to be running on the theme of ‘honor and courage’ this a new low,” a campaign spokesperson said. “These childish acts of desperation are symptomatic of a campaign headed for defeat.”

Murray Hopes to Benefit from Moran “Public Service” Swipe

By ARLnow.com

(Updated at 9:50 a.m.) Republican congressional candidate Patrick Murray is seizing on remarks about his experience made by his opponent, Rep. Jim Moran, at an Arlington County Democratic Committee meeting. And, it seems, Murray is picking up some long-sought traction, at least from right-leaning media outlets.

With cameras rolling, Moran said of Murray, a retired Army officer: “What [Republicans] do is find candidates, usually stealth candidates, that haven’t been in office, haven’t served or performed in any kind of public service. My opponent is typical, frankly.”

The gaffe-prone congressman then dug the hole a bit deeper while referring to Murray’s limited government stance.

“Of course for 24 years he’s taken a government check, because, frankly, the military is still part of the federal government, and yet his principal platform is to cut government spending,” Moran said.

The Murray camp, in response to Moran’s “public service” swipe, has issued a flurry of YouTube videos, press releases and blog posts. Today at 12:30 p.m., nearly three weeks after the original remarks were made, Murray will be holding a news conference in Alexandria with veterans who support his campaign. (Update at 5:00 p.m. — The campaign has posted video from the event here.)

The press conference comes as right-leaning outlets like the Washington Examiner, The Weekly Standard, Fox News and others have started to pick up the story. It’s the first round of sustained media exposure in a race that has otherwise seen a dearth of reportorial interest from mainstream news outlets.

In what may be a preview of today’s press conference, Murray released a video response to the comments.

“Congressman Moran, I’m proud to have served my county in the Army for 24 years, including tours in Bosnia, Kosovo and Iraq during the surge,” Murray said. “Why don’t you come with me to Arlington cemetery, where more of my friends and fellow service members are buried than I care to think about — and tell their surviving family members that their loved ones had no public service.”

For his part, Moran says that he misspoke.

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County Board to Consider Immigration Enforcement Resolution

By ARLnow.com

It’s not listed on the official agenda, but this afternoon the county board is expected to take up a resolution that could affect the way immigration laws are enforced in Arlington.

According to a group that supports the “controversial” resolution, its passage would “limit participation” by Arlington police in the federal Secure Communities program and would make Arlington the first Virginia county to “take measures protecting the sanctity of local law enforcement.”

“We support the Board’s efforts to distinguish Arlington law officers from federal immigration agents,” Tenants and Workers United spokesperson Esteban Garces said in a statement. “This resolution in an important step in the right direction. We fully expect continued leadership from local officials on this important issue.”

Tenants and Workers United is one of about a dozen immigrant advocacy groups that are expected to attend the board meeting at 3:30 this afternoon. The resolution will likely be taken up at the beginning of the meeting, during board reports. Board member Walter Tejada will introduce the resolution, but his assistant and county communications staff were unable to provide a text of the resolution.

Currently, Arlington Police only report undocumented immigrants directly to federal authorities in the event of serious crimes. By Virginia law, however, anyone booked at the Arlington County jail has their fingerprints taken and sent to the state, which in turn checks the fingerprints with FBI and U.S. Immigration and Customs Enforcement databases.

On its web site, Arlington County says it “complies with all federal and state laws related to immigration” but adds that “it is not the role of Arlington County law enforcement to enforce federal immigration laws.”

It’s unclear at this time what effect, if any, the resolution will have on current policy.

See our update on the county board’s vote here.

Major Renovations at Ballston Apartment Building

By ARLnow.com

Residents of 1020 North Quincy Street have started a blog in response to the building owner’s plan to renovate the aging apartment complex.

The renovations will force residents to pack up their stuff and vacate their apartment for 2-3 weeks. They will be moved to a vacant apartment elsewhere in the building, and will have the option of staying in that apartment permanently or moving back to their old apartment once renovations are complete.

According to one of the many commenters on the blog, management expects rent to be raised $100 to $150 per month post-renovation.

A number of commenters expressed frustration with the project, the rent increases and a perceived lack of tenant input. Some have called for residents to organize to resist the renovations.

Controversy Erupts Over Dog Murals, But Help May Be On The Way

By ARLnow.com

Painted on the side of a cinder block warehouse and facing the popular Shirlington dog park, a large mural of happy dogs, bones and paw prints seems like a nice addition. And it would be fine with county regulators — if it wasn’t for the fact that a dog-related business commissioned it. But since the mural belongs to a small doggy daycare it’s considered advertising under county zoning code — and may eventually have to be painted over. For now, a blue tarp covers the $4,000 mural.

Across the street, a self-service dog wash is covered in graffiti, the result of the owner allowing talented local taggers to use his store as a canvas. As long as the graffiti artists don’t depict any dogs or the word “dog,” the owner has been told, the graffiti is considered art and is not subject to regulations.

Thus is the paradox of county regulations intended to protect Arlington from commercial eyesores but permit public artwork — even if the “advertisement” is actually beautifying a monolithic wall in a run-down neighborhood, it is considered a violation. Yet if the doggie daycare were to paint airplanes or fire trucks or elephants on the side of the wall — which is in plain sight of a steady procession of defecating dogs — it would be perfectly fine.

“For me, the issue is the lack of common sense,” said Kim Houghton, who has sunk her life savings into Wag More Dogs, the daycare in question, which she has been trying to open since July 2009. “I understand the law… but [the mural] adds to the park. Can’t an exception be made?”

No, says county zoning administrator Melinda Artman, who’s in charge of enforcing zoning laws in Arlington.

“Unfortunately, as attractive as that mural is… it meets our definition of a sign,” Artman said. She noted that Houghton did not apply for a comprehensive sign plan, which would have to be approved by the county board but which could have allowed the mural to exist legally.

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County Employee Targets Signs on Struggling Fillmore Street

By ARLnow.com

The sign police finally caught up with the notorious small business scofflaws of North Fillmore Street yesterday afternoon.

According to Screwtop Wine Bar owner Wendy Buckley, a county zoning employee “randomly” stopped by just before 4:00 p.m. and took her sandwichboard sign.

“This sign cost me over $175!” Buckley wrote in an email shortly after the incident. “I just got a call… telling me he threw it in a dumpster.”

Also gone: the sign for Bakeshop, the cupcake-and-coffee place down the block from Screwtop. See below for the county’s explanation of why the signs were removed.

“I’m a pretty positive and easy going person,” Buckley said. “But with today’s actions I am beginning to wonder what won’t this county do to hurt small businesses?”

Buckley quickly added that the county board has been “great” and are “the only people who ‘get it'” when it comes to the needs of small businesses.

In fact, during July’s three-hour board discussion of sidewalk seating on Fillmore Street, board member Chris Zimmerman emphatically encouraged his county colleagues to be more permissive with signs, especially sandwich board signs. Zimmerman and other board members spoke specifically about using signs to attract more foot traffic to the sleepy portion of North Fillmore Street where Screwtop and Bakeshop reside.

“Each of us on North Fillmore Street has a sandwich board sign to try and attract eyeballs down from Clarendon Boulevard,” Buckley said. “I am always happy to comply with any law, but our little businesses are doing everything we can to survive on this street. I don’t see how our signs, which are out of the way, can hurt anyone.”

Update at 2:15 p.m. — The head of the Arlington County Zoning Office has responded to our story.

Zoning Administrator Melinda Artman says sandwich board signs are prohibited throughout Arlington County. Despite supportive words for the signs at the July board meeting, Artman says board members must take legislative action in order to permit the signs to be placed on county property.

Screwtop was given three warnings about its sign, Artman says. The first was issued on June 10. The last was issued within the past couple weeks, and included a warning citation that the sign was “subject to immediate removal,” according to Artman.

It is a criminal misdemeanor offense to place a sign on public property in Arlington County. Violations are subject to fines up to $2,500. Screwtop has not been fined.

Artman says the county confiscates hundreds of signs per week, but tries to warn business owners first before removing them. 

“Of course we support small business here in Arlington… but the feedback we receive from the community is that sign enforcement is very important to them,” she said.

When a sign is confiscated it’s thrown out, since the zoning office has no storage capacity.

Artman says many businesses, especially in the Ballston area, openly flout the county’s sign regulations. Sign enforcement has become a cat and mouse game; recently inspectors started conducting sign enforcement randomly rather than at set times, because businesses had gotten wise to the inspection schedules. The county now deploys six inspectors on sign enforcement details for three hours each week.

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