dogs

Morning Notes

By ARLnow.com

Clarendon Boulevard Reopens — Clarendon Boulevard has reopened in Rosslyn after being closed for nearly 36 hours due to a collapse at an apartment construction site.

Photos of Dog Friends — “Dogs love people, but they also love other dogs.” [The A-Town Dog Blog]

‘Lost Dog’ Anniversary — The Lost Dog & Cat Rescue Foundation is celebrating its 10th anniversary this month. The foundation says it has rescued more than 17,000 pets since its inception in 2001. Supporters will celebrate the milestone at the Stray Cat Cafe (5866 Washington Blvd) on Friday, August 26. [Lost Dog & Cat Rescue Foundation]

Power Restored in S. Arlington — About 1,500 Dominion customers in South Arlington — including in the Pentagon City area — lost power last night. As of this morning, power had been restored.

Photo courtesy Valerie Crotty

Dog Blogs Abound in Arlington

By ARLnow.com

Arlington, the home of seven individual dog parks, is quickly becoming a haven for locally-focused blogs about dogs.

There are at least four dog-related blogs with an Arlington connection at the moment, including two that have sprung up in the past couple of months. They include the NOVADog Magazine blog, Two Dog Tales, Animal Eyes Arlington and the new A-Town Dog Blog.

The A-Town Dog Blog, which launched earlier this summer, is solely devoted to photos of dogs in Arlington. Why start a site about dogs in Arlington?

“Arlington has lots of dog owners, and lots of great dog parks, and I enjoy taking photographs of the dogs,” the anonymous dog blogger writes, on the blog’s About page. “I’ve had owners ask me for copies of the pictures I’ve taken before, so I decided that I’d just start sharing them publicly.”

Animal Eyes Arlington, which also launched earlier this summer, focuses on “making a positive impact on the lives of companion animals and their families.” Recent posts have including a missive about the rehabilitation of abused pit bulls, a profile of a therapy dog that participates in the Paws to Read program at Arlington libraries, and an article about dog trainers who help train rescue dogs.

Morning Notes

By ARLnow.com

Power Returns for Most — Only 10 Dominion customers in North Arlington are still without power after Sunday’s powerful storm. Crews worked overnight to restore power to hard-hit neighborhoods. As of 11:00 last night, there were nearly 220 homes without power, compared to 1360 customers early yesterday morning.

$800,000 to Gussy Up Sewage Plant — Arlington’s Water Pollution Control Plant is set to receive $700,000 to $800,000 worth of landscaping and other visual improvements, if a contract is approved by the County Board this weekend. [Sun Gazette]

Reading Aloud to Dogs at Central Library — “Paws to Read” is a program that allows children to read books aloud to dogs in Arlington Central Library. Dogs, unlike humans, are non-judgmental when it comes to reading ability, inspiring confidence among the young readers, according to the volunteers who help run the program for the nonprofit group People Love Animals. [Examiner.com]

Mysterious Mansion’s Celebrity-Filled Past — Charlie Clark examines the history of “The Cedars,” a “mysterious mansion” in Arlington’ Woodmont neighborhood. The historic property is owned by the Fellowship Foundation, which runs the nonpartisan National Prayer Breakfast. [Falls Church News-Press]

Flickr pool photo by Mennyj

Wag More Dogs Seeks Appeal of Mural Lawsuit

By ARLnow.com

An Arlington dog grooming and boarding business is asking a federal appeals court to consider whether Arlington County’s sign ordinance is constitutional.

In February, a U.S. District Court Judge dismissed a lawsuit against Arlington County filed by Wag More Dogs (2606 S. Oxford Street). With the assistance of the the Institute for Justice, a Ballston-based libertarian public interest law firm, Wag More Dogs owner Kim Houghton had claimed that the county’s crackdown on the store’s colorful wall mural, which faced the Shirlington dog park, was unconstitutional.

Today, Houghton and the Institute for Justice announced that they have asked the U.S. Court of Appeals for the Fourth Circuit to take the case — which revolves around the method by which Arlington County decides what is ‘art’ and what is an impermissible commercial sign.

“The U.S. Constitution gives everyone the right to speak and the right to earn an honest living,” said Robert Frommer, the attorney who’s representing Wag More Dogs. “Kim is asking the U.S. Court of Appeals to vindicate both of these rights and let her share her artwork with the dog park once again.”

The appeals court will now decide whether to hear the case.

Update at 6:40 p.m. — Arlington County Attorney Steven MacIsaac has released a statement about the appeal.

In February, the U.S. District Court agreed with Arlington that this issue is about commercial sign regulation, and the judge found Arlington’s sign ordinance to be fair and reasonable. In her ruling, Judge Binkema said that the mural is a “classic form of branding and advertising,” and meets the definition of a sign , which is, therefore, subject to the County’s sign ordinance. 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.”

We are aware that the owner has filed an appeal to the 4th Circuit Court of Appeals, and has just now filed her brief. We will now file our response in accord with court rules.

AWLA To Hold 16th Annual Walk for the Animals

By ARLnow.com

The Animal Welfare League of Arlington is gearing up for its 16th annual Walk for the Animals.

The dog-centric fundraiser will be held this Saturday, May 14th, at Bluemont Park (329 N. Manchester Street). The actual “walk” will start at 9:30 a.m. — participants will have a choice of a three-mile loop walk or a one mile stroll. There will also be entertainment, sponsor booths and demonstrations of doggie feats.

Organizers expect about 500 walkers and 300 dogs to participate this year. Last year’s event raised more than $100,000 for the AWLA and its work with homeless animals.

Registration for the walk is $25 online and includes a free t-shirt and bandana. On-site registration on the day of the event is $40. Organizers ask that participants keep their dogs on a flat leash and leave other pets at home.

Arlington Teen Charged in Quincy Street Crash

By ARLnow.com

Arlington Police have charged an Arlington teenager with reckless driving after a crash yesterday morning near Washington-Lee High School.

Police say 18-year-old Joseph DiFilippo struck a woman and her dog with his pickup truck while they were walking northbound on N. Quincy Street. The woman, 29 28, remains in critical condition. The dog, a golden retriever, died at the scene.

DiFilippo has charged with reckless driving, failure to maintain proper control of a vehicle, driving without a license and violation of a learner’s permit. Police say the charges may be amended if the victim’s condition worsens. DiFilippo remained on the scene after the accident and cooperated with investigators, police say.

Arlington Police are asking anyone with information about the accident to call the department at 703-558-2222 or Detective Paul Marseilles at 703-228-4237.

The full police press release, after the jump.

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Woman Injured, Dog Killed by Truck Near W-L High School

By ARLnow.com

Update at 9:15 p.m. on 4/27/11 — The victim has succumbed to her injuries.

Update at 2:15 p.m. on 4/12/11 — The driver has been charged with reckless driving.

A young woman who was walking her dog was struck by a pickup truck this morning on the Quincy Street bridge over I-66, near Washington-Lee High School.

The accident happened in the northbound lanes around 7:30 a.m. The dog — a golden retriever — was killed and the woman — who was in her 20s — was taken to the hospital with critical injuries, according to Arlington Police spokeswoman Det. Crystal Nosal.

“The driver of the vehicle stayed at the scene of the accident and cooperated with police,” police said in a statement this afternoon. Nosal said the driver of the truck was reported to be 19 18 years old. Police are still investigating the accident and it’s not clear whether charges will be filed against him.

A witness who drove past the scene after the accident said the driver of the truck looked “solemn” and said the dog was covered by a white sheet.

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.

County Prepares to Fight Sign Lawsuit

By ARLnow.com

Arlington County is preparing to fight a legal challenge to its commercial sign ordinance — the first such challenge since the creation of the ordinance.

County Attorney Stephen MacIsaac says the county has a number of arguments to counter the lawsuit’s claims. The suit argues that regulators are infringing on a small business owner’s free speech by deeming a large mural painted on the side of her building a commercial sign and not artwork.

“I think it should be fairly apparent under the sign ordinance that this is a sign,” MacIsaac said. The mural is “clearly an effort to promote this woman’s business… to depict it as public art, I think, is a bit of a stretch.”

MacIsaaac said that the county’s sign ordinance is consistent with ordinances currently in place in other jurisdictions.

“Our sign ordinance is not unusual in any way,” he said. Arlington’s political sign rules were challenged just over 10 years ago, according to MacIsaac, but this is the first time someone has mounted a formal legal challenge to the commercial sign ordinance.

MacIsaac, the county government’s top legal counsel, added that the his office hasn’t officially been served notice of the suit, which was filed in federal court on Thursday. He expects the litigation to take about a year, and expected the county’s first court appearance to happen at some point this winter, perhaps February.

“We’re sort of in a wait and see mode right now,” MacIsaac said. “Right now we’re just assessing the case and waiting for the timeline to be established. This is going to be a process.”

DEVELOPING: Doggie Daycare Bites County With Sign Lawsuit

By ARLnow.com

(Updated at 1:55 p.m.) Wag More Dogs, the doggie day care business that has been engaged in an ongoing dispute with the county over a large mural facing the Shirlington dog park, has filed a lawsuit against Arlington County and county zoning administrator Melinda Artman on the grounds that Arlington’s sign ordinance violates the First Amendment right to free speech.

Wag More Dogs owner Kim Houghton says she commissioned the $4,000 mural, which depicts dogs, bones and paw prints, to beautify the dog park, which her business abuts. But the county zoning office didn’t see the mural as art, it saw it as a 60 foot by 16 foot commercial sign — well beyond the 60 square feet of signage the store is allowed under the county sign ordinance. Had the mural depicted flowers or anything not dog-related, said county regulators, it would be permitted.

After a long back and forth, Houghton was finally allowed to open her business in September, on the condition that the mural remained completely covered with a tarp. In October, Houghton was told that the sign could be considered a mural if she paid for the words “Welcome to Shirlington Park’s Community Canine Area” to be painted in four-foot high letters.

Shortly after that, Houghton linked up with the Institute for Justice, a Ballston-based libertarian public interest law firm. This morning Houghton and her attorneys filed a lawsuit and asked for a preliminary injunction that would allow the mural to be displayed while the lawsuit makes its way through the courts.

“The decision to file the lawsuit was to protect my freedom of speech and to ultimately prevail in keeping the mural up as it is, instead of turning it into an informational sign for the county,” Houghton said after a press conference at her store this morning.

This morning’s legal filings cite dozens of prior cases, many of which upheld the right of business owners to display signs and artwork.

“What Arlington County is basically saying is that it is allowed to play art critic,” said Robert Frommer, the lead counsel for the Institute for Justice. “We’re very confident of our legal position, because we’re very confident in the First Amendment.”

But Artman, the county’s top zoning official, seemed unfazed.

“My reaction to being sued is that it’s all in a day’s work,” Artman said in a phone interview. “I’ve been sued before, and I’ll be sued again.”

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